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THE
STATUTES AT LARGE
SOUTH CAROIiirVA;
EDITED, UNDER AUTHORITY OF THE LEGISLATURE,
THOMAS COOPER, M. D.— L. L. D.
VOLUME FIFTH,
CONTAINING THE ACTS FROM 1786, EXCLUSIVE, TO 1814, INCLUSIVE.
ARRANGED CHRONOLOGICALLY.
■•>••#««
COLUMBIA, S. C.
PRINTED BY A. S. JOHNSTON.
1839.
' )r^(^"i^iii
COLEWAN KAR^H l^W LIBRARX
PREFACE
In March, Dr. Cooper becoming too ill to attend to the publication of
the Statutes at Large, I was ilesired by him to superintend the work.
By the Resolution of the Legislature of 1835, Mr. Gregg, Mr. Df.Saus-
SDRE and myself, were appointed Commissioners to advise and consult
with Dr. Cooper in contracting for and superintending the publication of
the Statutes. A contract was entered into with Mr. Johnston, of Colum-
bia, for the publication of the work, which was reported to the House,
by the Committee on the Judiciary, in December, 1&36, and confirmed by
both Houses. On Dr. Cooper's application, I immediately consulted
with Mr. Gregg and Mr. DeSaussure, in relation to the work, and as tliey
declined to undertake it themselves, on account of their constant pro-
fessional engagements, with their kind commendations, and that of the
Speaker and Solicitors of the State, and appiobation of his Excellency
Governor Noble, 1 undertook the responsibility of the work. In this un-
dertaking I have felt in the highest degree the delicacy of succeeding so
eminent a person in a work of so much importance, and the care and dili-
gence due to it, to render it equal to expectation in usefulness, and honor-
able to the commonwealth, as a measure worthy of the enlarged views of a
State long distinguished for its liberality towards its public institutions. A
liberahty which her intelligent citizens cannot but consider as happily
repaid by an excellent judiciary and a flourishing institution for the
education of her sons.
After the death of Du. Cooper, I received from his Excellency the fol-
lowing appointment :
Executive Department, \
Columbia, 28th May, 1839. f
In consequence of the death of Thomas Cooper, M D., who was
appointed under a Resolution of the Legislature, to compile and digest
the Statute Laws of South Carolina, with a digested index thereof, the
said office has become vacant : —
Now, in pursuance of the power vested in me, I have appointed, and
by these presents do appoint D. J. McCord, Esq. to continue and com-
plete the said work, according to the directions of the Legislature, and
under the advice and consultation of the Commissioners named in the
Resolution of 183.'>.
PATRICK NOBLE.
For the index to this volume, I am entirely responsible, anJ 1 trust,
upuii examinatiim, it will be found nccurate and lull. My intention has
been, in case of all general laws, to express in the index every idea con-
tained in the work. Without such an index, a law book can be of no
practical use. In digesting the general index to the whole woik, no pains
shp.ll be spared to render it complete, until the publication of which, the
work cannot be brought conveniently into use, nor its utility be fully felt.
The sixth volume, now in the press, I trust will be finished in the fall.
That will comprehend all the general laws, including those of the session
of 183S. The series of laws respecting Roads, Bridges, Rivers, Ferries,
Canals, Incorporated Societies, City of Chaileston, Militin, Slaves and
Colored population, Courts, Circuits, &c., will remain to be published. It
is to bo regretted that this classification was adopted. Although one of the
committee who gave their approbation to it when pro))osed, I am now satis-
fied that the plan was an incorrect one, and altogether impracticable ; the
loose manner of legislation, which once obtained in this Stale, admitting
into the same Act many matters having no connexion or relation to the
main object of the Bill. The rules of the two Houses now forbid this ii regu-
larity, and the intelligent officers who now preside, and have presided foi
Bome time past, will no doubt continue to oiiforce them. In no Acts do
these irregularities more frequently occur than in those to Raise Supplies
and make Appropriations. The present Chairman of the Committee of
Ways and Means, Mil. Mkmminukr, has set a worthy example in the
business like manner in which ho has drafted the last of these Acts. The
general index, however, will remedy this defect. In bringing all malters
together on the same subjects, references can be easily made.
These classified Acts, Dr. Coopf.k at first thought, could be compre-
(tended in one volume, which he continually refers to as the " Last
Volume" — a reference which I have kept u|), although I think they will
make two volumes, which can be finished in the coming year. They,
with the general index, will complete the work. A careful examination
shall be thoroughly made, to see if any omissions have occurred. For the
detection of one omission fiom the English Statutes made of force, 1
am indebted to Mr. Speaker W.miih.aw. It occurs in the 2nd volume,
546. I mean the Statute of the 9 Ann, ch. 20, Sec. 7, (Giimke, 91,) being
"An Act for the amendment of the Law, and the better advancement of
justice." Tho omission seems to have been onlirely accidental, as there
is a note referring to the Statute at pace 753, as being in a preceding
part of the volume. Another of the English Statutes, of much less
consequenco, is omitted in the same volume, at page 512, ((jiimkc, P.
L.i 75,) being " An Act to enable .ludges and Justices of the Pence to
give restitution of pos.scssion in coitain cases." Those, with any others
that may be ilelected, I design to place as an appendix to tho Gth volume.
ShouliI any errors or omissions occur to the notice of any gentleman, he
would greatly oblige mi; by cominunirnting them to me.
To Mr. Altornev 'Jeneral Bmi.k.v, who has also had the kindness tn
express his satisfaction at my appointment, I am indebted for an accurate
copy of the " Marriage Settlement Act" of 17S5, from the original man-
uscript, furnished to him by the late Thomas S. Grimke, whose father
drafted the Bill. It accounts in a curious manner for the strange mistakes
made in engrossing the Act — mistakes which have been the fruitful source
of abundant litigation. This I will also publish in the appendix to the
6th volume. The necessity for notes has been much diminished, if not
entirely removed, by Mn. Rice's excellent Digest of the Law Cases decid-
ed in our Appeal Court — a work which must greatly diminish the labour
of the profession.
D. J. McCORD.
Cnlumbia, July 31, 1839.
Sa^i^lr mf <^mnt^nt^i
N. B. — The Acta which are referred to the last volume are marked thus*.
No. 1341 An Ordinance to suspend all sales by Execution, for the space of twenty
.lays 1
1342 An Act to establish the Legality of Notices which may be given in the State
Gazette 1
1343 An Act for procuring the more punctual and regular attendance of persons
elecled members of the Senate and House of Representatives 2
1344 An Act to augment the Trustees of the College of Cambridge 3
1343 An Act for appointing deputies from the State of South Carolina, to a Conven-
tion of the United States of America, proposed to be held in the city of
Philadelphia, in the month of May, one thousand seven hundred and
eighty-seven, for the purpose of revising the Federal Constitution 4
1346 An Act to aothorize the Delegates of this Slate in Congress, to convey to the
United States in Congress assembled, all the rights of this State to the
Territory herein described 5
1317 An Act to amend an Act entitled " An Act to authorize the United States in
Congress assembled, to regulate the trade of the United States with
foreign nations." ■ 6
1348 An Act corcerning Estiays 6
*1349 An Act to establish a Company for clearing and improving the navigation of
Edisto and Ashley rivers, and for forming a communication, by a Canal and
Locks, between the former and (he latter 7
1350 An Act lor lev ying and collecting certain duties and imposts therein mentioned,
in aid of the Public Revenue ; and for repealing sundry clauses of an Act
entitled "An Act for levying and collecting certain duties and imposts,"
passed March 26, 1734 ; the second clause of an Act for collecting an
impost on Transient Persons, passed March 26, 1784 ; and the third and
, fifth clauses of an Ordinance for regulating Vendues, passed March 17,
1785 8
1351 An Act for enlarging the town of Winsborough ; authorizing the Inhabitants
thereof to choose three Commissioners ; and for other purposes therein
mentioned 11
1352 An Act for granting to Congress the Supplementary Funds staled in their
Revenue System of April 18, 1783 12
1353 An Act for recovering Fines and Forfeited Recognizances into the Public
Treasury 13
*1354 An Ordinance lor appointing Commissioners lor cleansing, clearing and making
navigable Chechesey Creek, in the room of those who are dead, with
authority and power* contained in the Act of the General Assembly for
cleansing, clearing and making navigable the said Creek, passed the nine-
teenth day of March, one thousand seven hundred and fifiy-si-t 14
TABLE OF CONTENTS.
*1353 An Act to establibh a Company for the opening of the navigaiionof the Catawba
and Watered riverd 14
I35c> An Act to authorize Executors to sell and convey Lands of their Testator,
where no person or persons is or are expressly named for that purpose ;
and in case sucli Executor or Executors should die or refuse to qualify, to
authorize the Administnitor or Administratrix with the Will annexed, to
sell the Real Estate of the saiil deceased, as directeti in and by the Will 15
1367 An Art fur incorporating divers Religious Societies therein named 15
I35S An Act fur naturalizing Richard Champion and his descendants, and Hugh
Alexander Nixon 15
'1359 An Act to authorize Commissioners for continuing East Bay-street to Ashley
river, tu make a new assessment for completing the same ; and to repeal
such clauses of the High-road Act, passed the twenty second day of March,
one thousand seven hundred and eighty-five, as relate to the said street 16
1360 An Act to alter the places of holding the Elections for members of the Legis-
lature, for the Parishes therein mentioned 16
"1361 An Ordinonce to empower Commissioners therein named to cut and sink
Drains and Water Passages in the Swamps and Savannahs formed by
Wannel's, otherwise called Cuckold's Creek, o branch of Combahee river.. .17
1362 An Act to regulate the future Elections of Delegates to represent the Slate of
South Carolina in the Congress of the United States 17
■13G3 An .\ct to incorporate the Vestry and Churchwardens of the Episcopal Church
of the Parish of Christ Church 18
"13C1 An Ordinance for repealing part of an Ordinance passed the 2Clh day of
March, in the year of our Lord one thousand seven hundred and eighty-
four, in relation to Port Royal Causeway 19
•1363 An Ordinance to enable the Court of (Georgetown Dislnct to procure a Jury
for the next Sessions; and for providing a new Jury List 19
*13G6 An Act for reper-hng suih Acts ol Assembly as regulate and restrict the erec-
tion of houses below the Curtain Line, on the Ray of Chnrlestowne ; to
wiilon the Bay-street ; and to permit houses, of any size, to be erected to
the eastward of the same 19
13t)7 An Act for restoring unto Mrs. JVInrgaret Ordc such part of her Estate as has
been confiscated by an Act entitled *'An Act for dis|>osing of certain
Estates and banishing certain persons therein named," passed at Jackson-
burough, the twenty sixth day of Febrnary, one thousand seven hundred
and eighty-two 19
I3r>8 An Act for regulating and fixing the Salaries of ■cveml Ofliccrs ; and for other
purposes therein mentioned SO
1369 An Act for establishing a Market in the town af tieorgeiow n : and fur empow-
ering the Commissioners therein named to sell and (lispoRe of a lot of
Land in the said town ; and for appointing and authorizing Commissioners
for the Town and Markets of Camden ; and for other purposes therein
mentioned 21
1370 An Act lor raising supplies for the year one thousand seven hundred and
eighty -so veil 2-1
1371 An Ac; to regulate the Recovery and Payment of Dx-his ; ami for prohibiting
the importation ol Negroes fur the time herein mentioned 36
'1372 An Ordinance to itn|H>i,e a penalty on any person who shall im(>ort into this
Slate any Negroes contrary tu the Instalment An 3H
1373 All Art to restrain pnriiiiilar persons therein described, from nhtnining Oranta
of ijind; u> make null and void certain (Irniiu of Surplus l.inds: lo pre-
vent Ixicated I.nnds from lioiiig passed iiitu (Grants nntU the purchase
money shall be paid ; to compel persons w ho have obtiiineil (Grants lo pay
for the same tvilliiii sii months^ and for other puriKwes therein mentioned .. 3H
1374 All Act to amenil an Act entitled " An \ct for levying a duly on Shipping for
an Infirmary for Seninen " 4"
1375 An Ordinance to prevent the signing of excessive (Grants of Ijinds 40
1376 An Act for the prjmotion of Industry, and for the snppressior. of Vagrants
and other Idle and Disonlerly Person 41
TABLE OF CONTENTS. v
*1377 An Act to alter and amentl an Ant entitled "An Act for establishing county
courts, and reguiatnig the proceedings therein," passed the 17th day of
iUarch, 17S5 ; and for other purposes therein mentioned 44
1378 An Act to exempt William Bull from the Pains and Penalties to which he is
liable by several Acts of the General Assembly 44
*1379 An Ordinance for opening the Navigation of Lyneh's and Clark's Creeks, as
also Black Creek, and appointing commissioners for superintending the
same 44
1330 An Act to Revise, Amend, and Repeal the several Acts or clauses of Acts of
the General Assembly herein mentioned 45
1331 An Act to appoint Escheators, and to regulate Escheats 46
13S-2 An Act to alter the name of the Town of Ninety -Six 50
1383 An Act declaring the Powers and Duties of the Inquirers, Assessors, and Col-
lectors of the Taxes, and other persons concerned therein 50
1384 An Act Hjr raising supplies for the year one thousand seven hundred and
eighty-eight 57
1385 An Act to amend an Act entitled " An Act for establishing a Market in the
Town of Georgetown." 62
1386 An Act to alter the place of holding the Elections for the Members of the
Legislature and Parish Officers, for the Parish of St. John, Colleton
County 62
*1387 An Act authorizing Justices of the Peace, where there are no County Courts
established, to issue Attachments against the property of persons who are
about to abscond or remove privately out of the Slate or District 63
1388 An Act to impovver Philip Porcher to pay his Amercement by a Discount on
the General Indents paid to him by this State for monies lent by him to
the pubho 63
*138y An Act authorizing persons having in their possession or taking up runaway
Slaves, to send them to the goals of the Districts where they may be appre-
hended, and not to the work-house of Charlectton 64
1390 An Act to exempt the estate of Henry Peronneau, deceased, from the payment
of the Amercement imposed thereon 64
1391 An Act to appropriate the interest arising from tiie Paper Medium of this State
to the discharge of the Foreign Debt, in aid of such other funds as have
been or shall be hereafter applied to that purpose 64
1392 An Act for naturalizing James Atkins and John Simpson 65
*1393 An Act for granting the sum of three thousand five hundred pounds for the
building of a Court House and Jury Rooms for the District of Charleston,
and for appointing and empowering Commissioners to execute the same 66
1394 An Act to oblige all persons who have become citizens of this State since the
Revolution, and taken the oaths prescribed by the Act entitled "An Act
to confer the rights of Citizenship on Aliens," passed March 26, 1784, and
also an Act entitled "An Actio confer certain rights and privileges on
Aliens, and for repealing the Acts therein mentioned," passed March 27,
1786, to enter their names in the Secretary's oflice, and obtain certificates
from the Secretary of their being admitted Citizens 66
"1395 An Act to alter and amend the Act respecting the High Roads and Bridges,
passed the twenty-second of March, one thousand seven hundred and
eighty-five ; and for laying out several new Roads, and establishing sundry
Ferries, therein mentioned 67
'1396 An Act to carry into effect the Ordinances of Congress for estabhshlng Courts
for Trial of Piracy and Felonies committed on the High Seas 67
"1397 AnActtu incorporate the Camden Orphan Society, and the Friendly Cam-
bridge Society, ni Ninety-Six Dis trict 67
1398 An Act for repeahng an Act entitled " An Act for disposing of certain estates
and banishing certain persons therein mentioned," so far as the same
relates to the Estates, real an i personal, of Jeremiah Knott, deceased,
and to his Heirs and Devisees . . 67
TABLE OF CONTENTS.
1399 An Act to authorize the Auditor General to receive and audit the claims and
demands of James Cook against the Confiecoted Estate of John C'hamp-
neje. and the claims of Lewis Bottnerasainst the State f>~
1400 An Act to invest in Samuel Knight, and his Assiens, the exclusive right of
constructing and vending a Machine for the pounding ol Rice, for the term
therein mentioned "•'
UOl An Ordinance for aiipoinling proper places for the lemiiorary holding of the
Offices of the Secretary of the Stale, Prolhonotory of the Court of Com-
mon Pleas, Clerk of the General Sessions, Surveyor Oneral, and Register
of Mesne Conveyances ; and for other puriwses ""
•1402 An Onlinancc to ap|wint Commissioners for opening Wall's Cut T'
*H03 An Ordinance for opening the Navigation of a Creek called the Stave Landing
Creek, and to dig a Canal from the upper eud of the said Creek to the
main road leading from Charleston to Camden 71
IIW An Ordinance to secure to Isaac Briggs and William Longstreot, for the term
of fourteen years, the sole and exclusive privilege of using a newly con-
slrncied Sieam Kngine invented by them 71
1105 An Ordinance for appointing and authorizing Commissioners to Resurvey and
lay out the Town of Williamshurgh, in the District of Georgetown 72
*140G An Ordinance for the better establshing of Huger's Ferry, on the Congaree
river 73
*1407 An Ordinance for establishing a Ferry near Rocky Creek, on the Catawba
river, and vesting the said Ferry in the Company for opening the Naviga-
tion of the Catawba and Walerec rivers 73
14(18 An Ordinance to repeal in part "An Ordinance for appointing Brigadier
General Francis Marion, Commandant of Fort Johnston," passed March
10, 1784 ; and for other purposes herein mentioned 73
1409 An Act to declare void and of none effect a Grant of Lands in the fork of
Broad and Saludy rivers, unlawfully obtained 74
1410 An Act to procure a Census of the tree white Inhabiutnis of this State 75
•1411 An Act to alter and amend the several County Court Act* 75
'1412 An Act to amend an Act entitled "An Act to outhorize Commissioners for
continuing Kust Bay street to Ashley river, to make a new assessment for
completing the same ; and to repeal such clauses of the High Road Act,
passed thelwenlysrcond day of Alarcli, one thousand seven hundred and
eightv-Hve, as relates to the said street." 75
1 113 An Act for building a Goal within one mile of Coosawhatchic Biidge, and for
removing the Court of Beaufort District from Beaufort to the said place. . . .76
'MM An Act for incorporating divers Religious Societies therein named 76
•Ml.'i An .\ct lo incorporate the Vestries and Churchwardens of the Episcopal
Chunhes in the Parishes of St. Luke, St. Matthew, Prince (George, Win-
yaw, St Stephen, and Si. James, Goose Creek, and also the Vesiries and
Churchwardens of the Epi8co|ml Churches of Claremont and of St.
Helena Island 76
Mlfi An Ordinance authorizing Mis Eicellency the Governor lo ap|>oint Commis-
sioners to contract wilh projter persons lo repnir or rebuild (where neces-
sary) ihe Court lluuses and Goals in the several Ciruuil IJistncts of this
Sinle, and to give orders on the Treasury (or defraying the expenses
thereof. 77
1117 An Act to suspend the upcration of the Limitation Act for the time therein
nioniiuned, and to alter and amend the said Act 77
I IIH An Act to establish the Bounds of the Prisons or Common Goal* in the •rvoral
Districts and Cuuntics of the State 78
*l4rj An Act to ralabhsh a Com|>any for opening the Navigation of Broad and
Pacolol Kivcni 81
1420 An ( )rdinuiice to empower the Heirs of Izanc Mnzyck lo pay to ihe Elders of
the French Protesliinl ('hurch such sum ol money ns shall be agreed on
by them, in lien of a legacy hecpienthcd by ihe said Isaac Mazyck In iho
widlhnrib 81
TABLE OF CONTENTS. vii
Uil An Orilinaiice for repealing so much of llie Onlinnnccs passcil March 16, 1783,
and March 17, 1785, os imposed a Duly oii Lands and Negroes sold ai
Vendue ; and remilling the Vendue duty on the sale of the glebe land
belonging to the Independent Church, in Christ Church Parish 81
1 122 An Ordinance to entitle Ihe Electors and Members of the State Convention to
privilege during their attendance 82
U23 An Ordinance to remove obstructions to the passage of Fish up Reedy River, as
far as the Tumbling Shoals 82
H21 An Ordinance for Ratifying and Confirming a Convention between the States
of South Carolina and Georgia, concluiled at Beaufort, in the State of
South Carolina, on the twenty-eighth day of April, in the year of our
Lord one thousand seven hundred and eighty-seven, and iit the eleventh
year of the Independence of the United States of America 83
1 125 An Ordinance for holding the Courts of Common Pleas, and General Sessions, ^
and Chancery, for the District of Charleston, in some convenient place,
until the Court House for Charleston District be finished 83
1426 An Act lor vesting in Robert lleriot. Esquire, a certain sum of money, for the
use of John Casseis, a minor 84
1127 An Act prescribing, on the part of this State, the times, places, ajud manner of
holding Elections lor Representatives in the Congress, and the manner of
appoiniing Electors of a Presideat, of the United Slates 84
1428 An Act for the relief of certain persons, citizens of this State, who are Credi-
tors, on simple Contract, of Foreigners who are dead 8G
1429 An Act for preventing the Transportation of Convicted Malefactors from foreign
countries into this State 87
-1430 An Act to authorize Mathias Liverman to erect Bridges over Saltcatcher river,
at or near Williams's Ford, and to vest a Toll, to be collected at the said
Bridges, in the said Mathias Liverman, for a term therein mentioned 88
1431 An Act to regulate the payment and recovery of Debts ; and to prohibit the
importation of Negroes for the time therein limited. . 88
1432 An Act for naturalizing ihe Reverend Thomas Frost and the Reverend Thomas
Mills, and their descendants 92
1433 An Act to authorize the Commissioners of the Treasury to pay the Members,
Secretary, Messenger and Doorkeepers of the late State Convention, and
the Members o. the Legislature, for their attendance during the present
and former Session ; and also Mr. Philip Prioleau 92
1131 An Ordiitance to remove any obstructions to the passage of Fish up Rocky
River, as far as Joseph Culton's Mill 93
1435 An Act to exempt John Champneys from the pains and penalties of the Act of
Confiscation 94
1436 An Act to alter the places of holding Elections for Members of the Legislature
for the Parishes of Saint James, Santee, Christ Church, Prince Frederick,
St. Helena, All Saints, and St. George, Dorchester ; and for other purposes
therein mentioned 94
1 137 Au Act to confirm the title of the Company for opening the Navigation of the
Catawba and Wateree Rivers to Lands purchased by them of Richard
Ellis ; and to vest in the said Company the Lands therein mentioned 96
1 138 An Act to empower the Vestry and Churchwardens of the Episcopal Church
of Claremont, in the Parish of St Mark, to sell and dispose of a certain
tract of one hundred and fifty acres of Land, situate in St. .ILarU's Parish
aforesaid, and for purchasing a more convenient piece of Land, as a glebe,
forthe use of the Mmister of the said Church of Claremont 97
' 113'J An Act to incorporate the Vestry and Churchwardens of the Episcopal Church
of the Parish of St. George's, Dorchester, and for vesting in them and
their successors in ollice, the several donations and other charitable funds
belonging to the Parish ; and for other purposes therein mentioned 98
"1410 An Act for incorporating the Society for the relief of elderly and disabled
Ministers, and of the Widows and Orphans of the Clergy of the Indepen-
dent or Congregational Church, in the State of South Carolina 98
1141 An Actio enable Mary Camming to sell and convey certain Lands in the
Districts of Charleston and Beaufort 99
TABLE UF CONTENTS.
■141-2 An Art loaiitliurize llieCommiusionen! for continuing East Boy-street to Ashley
river, to make a new assewiment for completing the same ; and to repeal
Ihetwenty-eighlhclauseof on Actoflhe Genercl Assembly, passed the
twenlv-second day of .March, in the year of our Lord one thousand seven
hundred and eighty-five, entitled " An Act for keeping in repair the several
High Roads and Bridges throughout this State ;" and an Act of the General
Assembly, passed the tweniy-Bevenlh day of March, in the year of our
Lord one thousand seven hundred and eighty-seven, entitled " An Act to
authorize the Commissioners for continuing East Bay-street to Ashley
river, and to make a new assessment for completing the saino." 99
H43 An Act for vesting in Daniel Comber, his heirs and assigns, such parts of ilic
Estate, re.ll and personal, of Thomas Fletcholl, as have not yet bee.i sol.l
by the Commissioners of Confiscated Estates ; and for other puriwsos
therein mentioned 1''^'
•1141 An Actio remedy the defects of theCourWof Ordinary in the several districU
where there are no county Courts, as to matters and coses in which the
Ordinaries of those dislricis may be respectively interested im
1445 .Vn Ac t to confirm the sale of n certain tract of Land therein mentioned 101
•1446 An Act for incorporating the Claremonl Society at Stalesburgh, in St. Mark's
Parish 102
*IU7 An Act lo revive and continue the Authority, Acts, ond Judicial Proceedings
of the Court of Common Pleas, to be held in Charleston ; and for other
purposes therein mentioned 102
1 14-t An .\ct for the removal of the Public Records out of Charleston, and for other
purposes therein mentioned 102
1 149 An Ordinance to remove the Obslructions to the paeaageof Fish up Little river
and I/)ng Cane creek, in Ninety-Sii district 103
•1450 An Act for incorporating the Presbyterian Congregation in the town of Puryi-
burgh, in St. Peter's Parish, in the Slate of South Carolina IM
1451 An Act to prevent Suits for recovery of Ileal Estates being barrod by the Act
of Limitations, until March 2fi, 1790 104
1452 An Act to entitle the counties of (ireenvillc ond Pendleton to n rojiresentatio n
in the General Assembly of this State 105
1453 An Act to authorize the Auditor (ienend lo receive ond audit the Claims and
Demands of such persons as have delivered in their accounts against the
State, ond which have been Inst or mislaid lOS
*1554 An .Vrt lo establish a County and County Courts between Sovannahand Soludy
rivers above the old Indian Ixjundary 106
1455 An Act directing the manner of granting Probates of Wills and Letter* of
Administration: and for other purposes therein mentioned 106
1456 An Art for regulating the Inspection and Exportation ol Tobacco ; and for
other purposes herein mentioned 113
•1457 .\n Act for laying out ceriam Uoads and establishing certain Ferries ; and for
other purposes therein menlioned 121
1459 An Act for vesting in Robert McKelvey, Esquire, his Ilcirsond Assigns, for-
ever, all the real estate which James McKelvey, of Eutaw, died legally
seized and possessed of. 121
1459 An Act to vest in the Justices of the County CourU the powers and ou^hori-
ties of Ihe Vestries and Churchwardens of Parishes, so far as the same
relate lo the Poor of the respective CJounties wherein County Courts aro
established 12S
I I'ln An Act lo vest in Mary Ilennizer, and her Heirs, in fee simple, o certain tract
of Land, laic llie properly of Philip Culp, deceased 128
*14(<1 An Onlinnnce for building a Draw Bridge across Wappoo Creek 123
1 \62 An Uriliiinnco for pruviiling payment for the altendonce of Ihe Members of the
l.egislature 183
1463 An Ordinance for the preservation of Deer ; to prevent the mischiefs arising
frnin Eire Hunting and .'Celling Eire to the Woods 124
1 101 An Act In prevent persons holding rerloin Offices of Emolument from leaving
Ihe Slate 186
TABLR OF CONTENTS. ix
U65 An Orclinnnce to entitle the Electors and Jlemheis of the State ronvrni on l,i
privilege during their attendance 127
1466 An Act to enlarge the time for the Recordim,' of Mortgages anil other Con-
veyances 1-7
1-167 An Act to authorize the Auditor General to receive and audit the Claims of the
several persons hereafter recited 1*^
IIGS An Act for raising supplies for the year ol' our Lord one ihinisand seven hun-
dred and eighty-nine - 1*2'J
14G9 An Ordinance for the sale of sundry Lands belonging to the Pnhlic, and for
appointing Commissioners to purchase other Lands for the purpose of
erecting Store Houses, and having Tobacco inspected, in or near Charleston. 132
•1470 An Act for building a Bridge across Ashley river 134
1471 An Act for Maturnlizing liichard Wrainch. Patrick Byrne, F.dward Butler,
George Harding, Andrew Smith, PanI Smith, James Burgess, John Fitz-
patrick, Jonn Hartley Harris, and James Down, and their descendants 134
1472 An Ordinance for Funding, and ultimately discharging, the Foreign Debt of
this State 13 j
1473 An Act concerning Estrays 137
*1474 An Act for granting to the Circuit Courts complete, original, and final jurisdic-
tion, and for regulating the .same 139
1475 An .\ct to prevent the Stealing of Ho:-ses. .\sses. and iNfules ; and for the more
effectual prevention of .Stealing black or neat Cattle, Sheep, Goals, and
Hogs; and for the punishment of those persons who shall unlawfully-
niark, brand, or kill the same; ami for repealing the Acts relative to the
same, passed February 17, 1704-.% April i2, I76S, and March 20, 1784 13'J
*147fi An Ordinance to prolong the time of the sitting of the Conn of Common Pleas
next November, at Cambridge, and to oblige Sheriffs and Gaolers of the
several counties where Courts are held, to receive any prisoners which may
be committed lo their charge 141
*I477 An Ordinance for incorporating the Baptist Church on Home's Creek, in Edge-
fieUl county, in the State of South Carolina 141
1478 An Act to authorize the Secretary of the State to deliver to Robert Harris the
Will of Simpson Harris 141
1479 An Ordinance to amend and carry into effect an Act entitled "An Act to pro-
curea Census of the free white inhabitants of this State ;" and forascer-
taining the taxable property in this State 142
*1480 An Ordinance to incorporate a Society tor the purpose of raising and securing
a fund for the relief of the Widows and Children of the deceased Presby-
terian Ministers belonging thereto 144
1481 An Ordinance to do Justice to James Burn 144
1482 An Ordinance for adding another Inspector of Tobacco for the Inspection of
Campbell's Warehouse, Falmouth, and Adams's Ferry 145
1483 An .\ct to prevent Suits for the recovery »f Real Estates being barred by the
Act of Limitation, until March 26, 1791 14.^
1 184 An Ordinance prescribing, on the part of this Si.ite, the tiines, places and man-
ner of holding Elections for Representatives in Congress 146
*I485 .\n Ordinance to oblige the male inhabitants, from the age of sixteen to fifty
years, residing within twenty miles of Black Mingo Ferry, (who use Black
Mingo Creek to send their crops to market,) to work on and lay open the
navigation of Black Mingo Creek, from its confluence with Black Mingo
River to Black 3Iingo Bridge; and for appointing Commissioners for carry-
ing the same into execution 147
1486 An Act for ceding to and vesting in the United Slates the Light House on
Middle Bay Island, within the Bar of Charleston Harbour 147
1487 An Act for raisitig Supplies for the year of our Loid one th.onsand seven hun-
dred and ninety 149
1438 .\n Act for establishing the Annual Salaries of the Public Officers of Govern-
ment ; and for a.scertaining and regulating the Fees to he taken by those
who by law may he entitled to them, throughout I he State 1.52
tajm.l; of contents.
I48y An Art for the abolition of the Righis of Primogeniture, ond for giving an
equiuihledisiribution nf the Real EBtnieeof Inie^nles; and for other pur-
p«)Kef therein mentioned J62
•IJW An Art loesiahhsh a Court of t^iuity within this State |(>4
*H91 An Act to amend the eeventl Actfi for estabhshing and regulating the Circuit
Courts thniuuhout ihi» State. 165
'1-192 An Act m amend the tieveral Artit |br establitihing County Cuurts ; and lor
regulatin:^ and amending the proceedingH therein ; and for suspending the
Count y Courts in the districix of Orangehuruih and Beaufort; and ascer-
tuiniitg the duties of JuKlire^of I he I'eace throughout the Stole 165
l-jOC) An Act to iiUK>tiend the operation of the Limitation Act for the time therein
mentioned 165
MU4 An Act for gradually cnllin'jin and sinking the Paper Mednim issued by virtue
of an Act entitled "An Act to entahhsh a Medium "f Circulation, by way of
lj>an, and to secure its Credit and Itility," pa»>ed < ktober 1*2, 178,% 166
WXt An Act for eslnhliching the mode of granting the Lands now vacant in ihiu
Stale, and fur tdlowing a commutation to he received for some Lands that
have been grnnied 168
14% An Act lor eslabli»<hihg an easier and cheaper mode of recovering money secured
by mortgage on Real Estates; and barring the equity or redemption ; and
for abolishing llie ficiiiious proceedings in the action of ejectment 169
14y7 An Act to provide for the final settlement of the accounts of the former Com-
missioners of tVeTrcnsury, and other Public UepartmentSt nnd ol nit other
persons having nccotinis with the Stale 171
WM An Act fur loaning to the Cniled States a sum of the Indents of this Siat«,
under certain litnilalions therein mentioned 173
HUO An Act em[)o\vering the Treasurers to issue liHlenls to sundry jwrsons whose
accounts were returned to the Auditor (General within ibe time prescribed
by liiw, ))k' vouchers for which were in the possession of the late Wm.
Arthur, tlsq., Auditor for (^>rangeburgb IMstrict. as well as sundry other
accounts delivered in to the said AVm. Arthur, b^sfj., within the time prc-
Mrilicd by law. but which accounts ami vouchers, owing to the death ol
the said Wm. Arthur, Lsq., are lost or mislaid; and fur other purpose*-
therein picntioned 17 1
15LKI An Act authorizing the Inhabitants of tlie Plectivo Uistricis, where Count y
Courts are not established, to choose Commissioners of the PiM»r r
1501 An Act to suppress the pernicious practice, and prevent the evd consequences,
of excessive and deceitful (Naming and Swindling, and other practices
therein mentioned I '
*I5'l2 .An Act to ascertain the jurisdiction of the Court of Wardens of the City ot
Charleston, in the cases therein mentioned . t >
'IfiO^ An Act to establish a County and County Ciuirt in the District of Kershaw. . . 17'.'
1504 An Act for eslabhshing itie upper line between the Parishes of Prince George.
Prince Frederick and Liberty County I".'
•|r>fl5 An Act for opening and improving the navigation of drent Pedcc, Wnirrcc,
Congaree, ftrnnd River, Savannah. Kcowce, Tugalou, and lllark Rivers,
Ly nch's. Rlack, Jclfrcci** and < *hifish t "reeUH i: v
' l.^>tHi An Act for laying out and keeping in repair a public Road leadinif from New
River Rridge down to Turnbridfte, on New River Neck, and fn»m ihencc
the nearest and bci>t route to the month of Suvannnh llmk River, includ-
ing the road leading from Puryt>hurgh. lately hiiil out and worked on, i<>
continue so a* to intersect the sr.mo
*i3fl7 An Act for laying nut ccrtiiin Roads und establinhmg certain Ferries; and fin
other purposes therein mentioncil \ . .'
I.'MIH All Act for \csting a Bridge, to be buMi by Wade llamplon, Ksq.. nt his own
eipcnse, across the CooKarec River, also a Rritlfio over the Stivannah Kiver.
opposite the town of .Vii^iista, in the said Wade llaiuptnn, bis heirs and
assigns, for the t>-rm tbcrcni incniionoil ; ulso vi-Hling a Rntlgn in be l.udi
by John Comply, across Rroad Uiver, above the conduonce of Broad and
Saludy Rivers I
TABLE OF CONTENTS. m
1509 An Act lo aflbrJ relic!' to John Lewis liVrvais, and other pufchasere ol' pubhi-
property '*"
1510 An Act to vest in Sarah Holton the Personal Estate of her late hut^hnnd, Doctof
Richard Bolton '^1
1511 An Art to authorize the Treasurers of this State to pay John Smith, Esquire,
Indents lo the amount ol' those received from the purchasers of the Estate
of Basil Cooper, which hath been sold by virtue of the Confiscation Act.. Ai-i
1512 An Act to enable the South Carolina Society to hold Real Estates of tlic
annual value of two thousand pounds, and to bind lo Trades and Profes-
sions children educated at the expense of ihe Society 182
*1513 An Art for building a Toll Bridge across Edisio river, in the county of Orange,
from some place at or near the old mill seat, situated within tbc limits ol"
the town of Orangeburgh, on the north side of the said liver, to ihe most
convenient spot on the south side cf the said river; and for making a
Causeway through the swamp leading from the said bridge to the main
road leading from Ninety-Six to Charleston ; and for vesting the said
Bridge, when built, in such person or persons, hia and tlieir heirs and
assigns, f»r a term not exceeding twenty one years, as shall be at the ex-
pense of building the said Bridge, and making the said Causeway, and
keeping the same at all tunes hereal'ier in lepair during the said term 133
*1514 .\n Act to permit John Jlolman to come with bis Negro slaves into, and to
remain with ibera in, this State 183
*1515 An Act to incorporate the Roman Catholic Church of Charleston 183
*15i6 An Act for incorporating the Jewish Congregation at Charleston, called Beth
Elorhem, or House of God 184
*J517 An Act to incorporate the several churches known by the names of the Presby-
terian Churcli of Hopewell, on Jeffries' Creek ; the Presbyterian Church
of Aimwell, on Pedee ; the Presbyterian Church of Lebanon, on Jack-
son's Creek ; and the Baptist Church Ebenezer, on Jeffries' Creek 184
*1518 An .\ct to incorporate Camden 184
1519 An Act loesempt John Fisher and Malcomb Brown from the Pair;6 and Penal-
lies of Confiscation and Banishment, and to restore to them such parts of
their Estates as remain undisposed of by the C'ommissiouers of Forleit«d
Estates 184
1520 An Act for relieving and exempting the Rev Edward Jenkins Irum Banishment. 185
J521 An Act to exempt William (Jreenwood from the pains and penalties of the Act
of Confiscation and Banishment 185
1522 An Act for tsiablisiiing certain regulations in Georgetown 186
1523 An Act to exempt William Bull, Esq , from the pains and penalties of the Acts
of Confiscation and Banishment, and to permit him to sen I back and
employ his Negroes and other Slaves in this State 187
1524 Ai Act for raising Supplies for the year of our Lord one thousand seven huQ-
dred and ninety one 188
1525 An Act to amend the .\cl entitled " An Act declaring the powers and duties of
the Enquirers, Assessors and Collectors of the Taxes, and other persons
concerned therein." 192
*1526 An Additional Act to the Act entitled 'An Act to establish a Court of Equity
within this State," passed the nineteenth day of February, seventeen
hundred and ninety-one 192
*1527 Ad Act to alter aud amend the law respecting Juries, and to make some addi-
al regulations lo the Acts for establishing and regulating the Circuit
Courts,
.193
•152S An Act to amend and more effectually put in force, for the lime therein limited,
the Act entitled "An Act for the regulation of the MiUiia of this State,"
passed the 26th day of March, 1781 I93
J52y An Act to repeal pan of an Act passed February 19, A. D. 1791, entitled "An
Act for gradually calling in and sinking the Paper Medium of this State,
issued by virtue of an Act entitled 'An Act to establish s .Medium of Cir-
culaiion by way of Loan, and to secure its credit and utility,'" passed
October 12, A. D. 1785 ,93
TaDLE UF LOXTENIS.
!.>.**' An Ai'i lu upjioiia ('uniiiiiraioiierit lur laying oiid raising nn Afisessnieiii on ihe
'I'lixalile Proppny in the Piirish of Prince llrorge, (ugreeiihly lo iis rinrienl
tioiinJurie«,} for tlic purpose uf paying the Represonliilives of ilie Inle
Thomas I>ynch, K«q., dereasod* the amount due on a contract made wiili
Itim hy the CummiMtioners of the Roads 194
15;!| An Act to permit llie exhibition of Theatrical Entertainments, under certoin
regulations 195
153:! An Act in authorize the h'lldera of the Foreign Debt in France to redeem (he
same in Amsterdam 195
'K'ns An Act to make and establish the Vestries nnd Churchwardens of the Episco-
pal ('hurches of the Parishes of St. Philip and Si. Michael, in Charleston,
two separate and distinct bodies politic and corporate, and to enlarge their
powers 196
ir>3l An Ar-t to establish certain Warehouses fur the inspection and storage of
Tobacco, at I he places therein mentioned 196
■"1.535 An Act to incorporate the Grand Ijidge, and the several Ixxlgcs under the
jurisdiction thereof, of South Carolino Ancient York .Masons 197
•153d .An Act for incorporating the Society of Free and Accepted Masons in this
State 198
1537 An Act lo repeal such parts of nn Act of the General Assembly, (lassed March
19, A. U. 1785, entitled "An Act for erecting and establishing n College in
the VillaL'e of Winnshoroiigh, in the District of Camden, a College in or
near the Cily of (Charleston, and a College at Ninety Sii, in the District of
Ninety-Six, in the Slate of South Carolina," as relate to the College estab-
lished in Charleston, and for continuing the said College in Charleston,
under oilier regulations 198
153^ An .'\ct 10 exonerate James Posiell from the purchase of two tracts of Land
sold him by the Commissioners of Forfeited Estates, late the properly of
John Hose ; and for olber pirposes therein mentioned , ,201
*1530 An Act to incorporate the German Friendly Society 202
•1540 An Act to incorporate the Society lt)r promoting and encouraging the Education
of Children, and assisting and establishing schools for that purpose, in
Reauforl District 202
1511 An .\ct prescribing, on the part of this State, the time, place and manner of
appointing Electors of a President and Vice Presiilcnt of the t'nited Stales. 202
I' r.' An Act to alter and amend the .Act entitled ".Vn .\ct to oWige persons interested
in .Marriage Deeds and Contrncis to record the same in the Secretary's
OlBee of this Suite." 203
*I.'>43 .'\n .Act to alternnd amend the several Acts for establishing and regulating the
Circuit Courts thronglioul this Slate 204
•I5II An Act lo prohibit the importation of Slaves from Africa, orolbcr places be-
yond Sea, inio this State, for two years ; and also to prohibit the importa-
lion or bringing in Slaves or Negroes, Mulaiuies, Indians, .Moors or Mus-
lizoes. bound for a term of years, from any of the l.'niied .States, by land or
by water "^0*
*I5I5 An Act lo grant n further lime to ihe owners of Wharves in Charleston, and
other persons having wooden buildings ihereiin, used ns stores only, lo pull
I .c same down 204
154fi An Act to repeal a part of the Act passed February 19, A. 1). 17J1, entitled
"An .\ct for gradually calling in and sinking the Paper Medium, issued by
virtue of nn Ad lo cslnblisli a Medium id Circulation by wayof lioan, and
to secure its crrilil anil uliliiy ;" passed October 12, A. D i785; and for
other purposes therein mcniioned , 205
*I517 An .\ci relating Uitbe recovery ol' Arrears and other Debts. Dues and Demands,
owing lo Bodies Corporate by their .Members 20<">
15 (H \n Act to eitciid the linie for loking out of ihe Secretary's Ortico such Grants
of Ijindns now lie in the soid Oniie 206
J549 \n Act to authorize the County Conns and Commissiuiiers of the Roads In
grant Licences lor keeping Killiard Tables 807
TABJ.E OF CONTENTS. xlii
1550 An Aci for raising Supplies for ilie year of our Lord one lliousand seven hun-
dred and ninety-lvvo 208
1551 An Act lo ascertain the names by which llie Villages wherein tlie District
Courts are hehl in Pinckney and Washington Districts, shall be known in
Law ; and to provide uniform Seals for the several district Courts through-
out the State ; and to exempt the persons therein specified from Toil and
Ferriage 210
1552 An Act for vesting in the Town Council of Camden the exclusive power of
grinting Licences lor retailing Spirituous anil other Liquors, and for keep-
ing Billiard Tables, withiii the limits of the said Town of Camden, and
appropriating the sums arising therefrom to the benefit of said Town
Council 211
1553 An Act prescribing, on tlie part of this State, the limes, places and manner of
holding Elecl ions for Representatives in the Congress of the United States . . 212
1554 An Aft to establish au Inspection and Warehouse at or near the Fish-Dam
Ford, on the South Side of Broad River 215
1555 An Act lor enlarging the powers of the Commissioners of Columbia; and for
other purposes therein mentioned 215
1556 An Act to establish a new County, to be formed out of the Counties of Clare-
mont and Clarendon ; and for other purposes therein mentioned 216
1557 An Act. to prevent obstructions to the passage of Fish in Big Lynch's Creek. . . .217
1558 An Act to ascertain and fix the lines of division between the Counties of Ker-
shaw and Lancaster, and also those between the said County of Kershaw
and the County of Clnreraont, and between the said Counties of Kershaw
and Richland 218
155'J An Act to obtain a more accurate Survey and Map of the State 219
I56U An Act 10 alter the Line of Division between the Counties of Laurens and
Greenville 220
*]561 An Act to incorporate the General Committee for the Charleston Baptist Asso-
ciation Fund 220
1562 An Act lo ascertain and fix the Line of Division between the Parishes of St.
Peter's and St. Luke's ; and for other purposes therein mentioned 221
1563 An Act to reimburse sundry inhabitants of Beaufort District the sum therein
mentioned ; and to make an appropriation thereof, in conformity with their
petition 222
*1564 An Act to alter and amend an Act entitled "An Act for incorporating divers
Religious Societies therein mentioned," so far as the same relates to the
Presbyterian Church on Edisto Island 222
*1565 An Act to extend the time for rebuilding the Bridge over Ashley River, which
was vested in the late Colonel Richard Hampton, his heirs and assigns, by
Act of the Legislature 222
1566 An Act to empower the President and Wardens of the Indigo Society in George-
town to establish a Lottery 223
*1567 An Act to extend the time allowed by law to Wade Hampton and John Comp-
ty, respectively, for building bridges over the Congaree and Broad rivers.. .223
1568 An Act to authorize the Trustees of Cambridge College, in the District of
Ninety-Six, to establish a Lottery, for the benefit of that Institution 223
*156y An Act to allow John Clement to take and receive the same rates of Ferriage
as have been heretofore taken, for the term of seven years after the expira-
tion of the present term; and for other purposes therein mentioned 224
•1.570 An Act for laying out certain Roads, ettablishing certain Ferries and Toll
Bridges, and for other purposes therein mentioned ; and also to continue in
force the Laws for regulating the Hiilitia of this Slate 224
1571 An Act forreheving and exempting .lohn Wells from Banishment 224
1572 An Act to exempt William Carsan from the pains and penalties of the Act of
Confiscation and Banishment, so far as it relates to his Banishment 225
1.573 An Act for raising supplies for the year of our Lord ime thousand seven hun-
dred and ninety-three 225
TAHLE OF CONTENTS.
•loTJ An Act to incorporate ihe Episfopal Church on Eilitito Islaml, the Primitive
Melhodisls of Trinity Church. Cliarleslon, and ihc Primitive Melhodistn
of El.enczcr Church, Ceorgelown ■■^'
"1;>75 An Ael to incorpornte Iho I nitid Independent Consregalional Church of Dor-
chejtcr and Beach Hill, in the Parishes of St Ceorgc and St. Paul. 230
1576 .An Act to ascertain and l'ix\>n some mure convenient and cenlml i-itualion for
the Court lloune and oilier Public lluildingi for llie County of (;reenville..230
•1577 An Act lo alter and chanpc the times for holding several County Conns ; and
for iiiher purposes therein mentioned -^'
•1578 All Actio incorporate the Vigilant I-ire Company in Charleston 231
1579 All Act for the Trial and Punishment of persons gudiy of .Murder or .Manslaugh-
ter, and their accessaries, where the deceased may be wounded, poisoned
or otherwise injured, in one District, and die thereof in another 231
15S0 .An Act for iho election of Commissionera of the Po<ir in those Counties where
County Courts are established 232
•15S1 An .Act to enable the Circuit Court of Oeorgclown, at the ensuing Term, to
meet on the twenty-eighth di.y of .March neit, im-iead of the first day of
April ; forextending the lime for holding the Courts in NineiySii District ;
for ilie better advancciueiii of justice in the Courts of Law and Equity;
and for other purposes therein mentioned 232
•1582 .\n Art to orgnnize ihc Militia throughout the Slate of South Carolina, in con-
formity with the Act of Congress 233
15S3 An Act to eilcnci an Act entitled "An Act to provide for the final settlement
of the accounts of the former Commissioners of the 'IVeasury, and other
Public Departments, and ol all other persons having acrounia with the
Suite." 233
1584 An Act lo close ihe I^nd Office for and during ihc term of four years, under
certain limitations ; and for other purposes therein menliuned 233
•1585 .An Act to incorporate llio Port Republic Bridge Comjmny, and lo authorize
them to build a Bridge and Causeways 235
1586 An An to eiteiid the lime for Inking out of the Secretary's Office such Uriinia
of Land as now lie in the said Office; and for oilier purposes therein
mentioned 235
1587 An Act lo build and repair certain Coals and Court Houses 336
1588 An Act for establishing the annual Salaries of the Powder Inspectors and Arse-
nal Keepers for (Charleston and Ninety Six Districts, within this State, and
for liiuiliiig the duration of their Offices to the term of four years 237
•1589 An Act to incorpornte the Medical Society of South Carolina 238
1590 An Act lo compensate James .Shoolbred and .Mary his Wife for certain property
therein mentioned 238
•1591 An .Additional Act to nn Act enlilled ".\ii .Art for incorpuniling the So<'icly of
Free and .Accepted .Masons in this State," passed the twentieth day of
December, in the year of our Lord one thousand seven hundred and
ninety-one 239
1592 An A<:t to make such provision lor the Debt of the State of South Carolina, as
is specified therein 239
1593 An Act fur establishing the .Salary of the Governor of this Stale, and llie
Salaries of other Public Officers ; and for other purposes therein mcntioiied.242
1591 An Act for the removal and safe keeping of the Records of the Clerk's Office
of the Circuit Courts of Cheraw District ; and for other purposes therein
mentioned 243
1595 An Act to establish certain Ixtilcrics therein mentiunod 244
•1.5% An Act for opening the iN'avigalion of Piiielree Creek, from the mouth of said
Creek to the forks thereof, near Camden 245
•l.'i97 An Act lo iiicor|>oraie certain Itcligious Societies therein men'.ioned 245
1598 An Aci lo dispense uilli the Wardens of Camden sitting so often as twice in a
luonlli 213
TABLE OF CONTENTS. xv
1599 An Art for appropriating a Room in the Court House in Charleston, lieretofore
provided for the Court of Admiraltj', for the future liolding of the several
Federal Courts, under the authority of the United States, that shall sit in
the City of Charleston 245
1600 An Aet to increase the number of Justices of the Peace in the several Coun-
ties throughout this Slate where County Courts are established 246
1601 An Act to ascertain and fix on some convenient an(-l central situation for the
Court House and other public buildings for the County of Greenville ; and
for other purposes therein mentioned 247
'leo^ An Additional Act to the Act entitled "An Act to organize the Militia through-
out the Stale of South Carolina, in conformity with the Act of Congress. "..247
'1603 An Act to enable the Commissioners therein appointed to clear out and remove
theobslruciioiis in that branch of Ashepoo river which is called the Horse
Shoe Creek ; and to cut or sink and keep in repair a Drain or Canal from
the head of the said Creek up the swamp called ihe Round O Swamp to
the junction of the two branches of the said swamp, at the Plantation
known by the name of fJilkicker's ; for opening Lowder's Lake ; and for
other purposes therein mentioned 247
*1601 An .\ct to repeal ihe 12th clause of an Act entitled "An Act to alter and amend
an Act respecting the High Roads and Bridges," passed Ihe 22nd day of
March, 178.5, so far as the said clause relates to the Bridge constructed over
Edisto river, at .lacksonborough ; and for other purposes therein mentioned .248
*1605 An Act to revive .ind extend an Act entitled "An .\ct to prohibit the importa-
tion of Slaves from Africa, or other places beyond the Sea, into this State,
for two years ; and also to prohibit the importation or bringing in of Negro
Slaves, Mulattoes, Indians, Moors, or Mustizoes, bound for a term of
years, from any of the United States, by land or water." 248
1606 An .\ct for compelling persons residi.ig in this State to attend and give evidence
under commission, in Suits depending in other States ; and also to compel
persons to attend and give evidence under commissions issuing out of the
Courts of this Stale, and to give evidence before Justices of the Peace, in
causes within their jurisdiction 248
1607 An Act for raising Supplies for the year one thousand seven hundred and
ninety-four 250
IfiOB An Act to cede to the United States a proper place, upon North Island, where-
on a Light House may be erected 255
1609 An Act to facilitate the conveyance of Real Estates 255
16 iO An Act concerning the office of Sheriff 257
1611 An Act to enable the United States lo purchase a quantity of Land in this
Slate, not exceeding two thousat.d acres, for Arsenals and Magazines 259
1612 An Act to provide for the barrelling and packing of Beef and Potk for exporta-
tion, at the towns of Chatham, Camden and Vienna 260
1613 An Act to regulate the manner of keeping Public Accounts in this State 262
1614 An Act to give further encouragement to the Proprietors for opening the Navi-
gation of the Catawba and Wateree rivers 262
1615 ,\n Act to authorize a Lottery, the profits whereof shall be appropriated to the
promotion of useful manufactures in this State 263
*'1616 An Act to authorize the Commissioners therein appointed to clear out and
remove the obstructions in the River Savannah, between Vienna and Camp-
bellton, and the Town of Augusta 5 and to draw a Lottery or Lotteries for
that purpose 264
*1617 An Act for opening a public road from (iranby to Hampton's Bridge, at Augus-
ta, and for estabhshing four Toll Bridges ; and for other purposes therein
mentioned 264
*1618 An Act to empower Commissioners therein named to cut, sink and keep in
repair Drains and Water Passages in Cacaw Swamp, in St. Paul's Parish.. 264
M619 An Act to vest the City Council of Charleston with uertain powers therein
mentioned 265
'1620 An Act to complete East Bay-street, in Charlesto.n, and for other purposes
therein mentioned 265
TAULK OF C0NTL!;NTS.
ItV^l An A<n lo revive and conliniie in force the Fee Bill, passed on the fourteenth
day of February, in iho year of our Lord one thousand seven hundred
and ninely*one, and for other purposes therein mentioned 065
•1G22 An AiKliiinntd Art to the Act entilled "An Aei lo organize the MiHiin through-
out the Stale ol J?outh raroliii:», in conlbrmiiy with the Act of Congress,"
and for other purposes (herein mentioned 266
•10*23 An Act to alter the time for the silting of the Courts of Clarendon, Clairraont,
Chester, Spartan, York and Ahbeville 266
*\f\'Z4 An Act [o alter and amend an Art eniiiled ^*An Act (o enable Commissioners
therein appointed to dear out and remove the obstructions in that branch
of Ashepoo river which is calleel llie Horse Shoe Creek, and to cut or ^ink
and keep in repair a Urain or I'nnal from the head of the said Creek up
the Swamp called the Round O Swamp, to the junction of the two branches
of the said Swamp, at the Plantition known hy the nane of (lilkickerH ;
for opening T>ouder's Lake, :iiid for other puiposes therein mentioned,"
passed on the twcuiicih day of December, in the year of our Lord one
ttionsand seven hundred and nlnely-four 266
•ir>2r> An Act lo idcorporaie the Agricultunl Society of South Carolina 266
*1626 An Act for laying out certain Roads and cstablinhing certain Ferries ; and for
other purposes therein mentioned 367
1627 An Act respecting the Tobac:o Warehouses al Falmouth at Adams's Ferry,
at Sprii»g Hill, and ai Chatham, in Chesterfiehl County 267
•1623 An Act to incorporate Wi'tiarasborgh Arademy, and to empower the Truatces
of the same lo establish a I>oitcry or I^feries 267
*]6J'J An Act lo vest < erlain Lands, in the Dislricl of Beaufort, in TrusteCR, for the
purpose of building and endowing a College ir the Town of Beaufort, and
to incorporate the same ; and for other purjwses therein menliuned 268
1630 An Act for mnking further provision for the Debt of the State of South Carolina. 263
lt/3I An Act to provide for the mainlenancc of Illegitimate Children; and for other
purposes therein mentioned 270
*I632 An Act to incorporate the Academy of Columbia; and for oiber purposes there-
in mentioned- 271
1633 An Act to authorize the Commissioners therein appointed to erect a Magazine
and La'-oratory nt Georgetown and Beaufort: and for other purposes
therein mentioned 271
1631 An Act for raising Supplies for ihe year of our l^rd one thousand seven
hundred and ninety-five 273
1635 An Act lo enable Trustees to surrender their trutto, in the manner therein men-
tioned 277
* 1636 An Act lo aulh(>rize the City Council of Charleston to increase the tax on Licen-
ces for rel.iiling Spirituous Liquors ; and to exempt ceriain Oflicera of the
City of Charleston from serving on Juries 278
1637 An Act to prevent obstructions to ihe pattsagc of fiah up Chinqucpin and Thom*
son's ('reeks 278
•1633 An Act to peimit Miss Fenwick andihe Hon Robert Bornwell to have certain
Negro Slaves brought into this Simic. which they heretofore sent into the
Suae of (Georgia ; and for other purposes therein mentioned 279
\C,yj An Act lo afford more ample wecurity to such part of the property of the good
citizens ol' this Suite nu consists in neat Caitle 279
*16tO All Act to open and keep in repair n Canal to lead from Rogers's I^ake into
I'edco river 280
|6lt An Ael to cede to the I'liiled States the juriwliction of a proper place, on
North Isl-ind. whereon a Lighl House may he erected 380
1612 An Act lo grant lo Nathaniel Taining the exchixive priviledge of running n line
of SiogCH to and from ceruui iihiccH lor n limited lime 281
1613 All An to repeal so much of the Act entitled **An Act lo alter and amend iho
law reitpecting Juriei*, and to make Nome additional regulaiionN lo the Acts
forcMLahlishing the CircutI Courts," passed on ihoiwenlieih ihiy of Decem-
ber, one thousand seven hundred and ninety-one, nt relnl'*s lo KiKvial
Jiiriea 282
TABLE OF CONTENTS. xvii
1G44 An Act to prevent Debtors from purchasing repeatedly their own property at
Sheriff's Sales, to the delay of their Creditors ; and for the bitter regula-
tion of Sheriff's and oilier sales at public auction 282
*1645 An Act lo prohibit the importation of Negroes until the first day of January,
one thousand seven hundred and nineiy-nine 284
1616 An Act to amend an Act entitled "An Act to prevent the spreading of contagi-
ous distempers in this State." 234
1G47 An Act to open the navigation of Little Pedee river 235
1648 An Act to vest the exclusive right of Navigating Pine Tree Creek in certain
persons therein mentioned 236
1649 An Act to remove Magis rales from ihcir office for raalpracti' e therein 237
1630 An Act lo authorize the Commissioners of the Poor to assess and collect taxes
to discharge demands due for the support of the poor prior to their being
appointed ; and lo autliorize an election to be holden for Commissioners of
the Poor in Edgefield County • .,,287
*1651 An Act to re-establish a Ferry on Qreat Pedee river, near the town of Chatham,
in Chesterfield coun.y, and lo vest the s.-.me in EUzabeth Bishop, her heirs
and assigns, for the time therein mentioned 283
1652 An Act lo prevent appropriations of money otherwise than by an Act of the
Legislature 288
1633 An Act to emnriwer the proprietors of the Lands on Four Holes Swamp to
make navigable the Four Holes Creek 289
1634 An Act for regulating the admission of Attorniesand Solicitors to practice in
the Courts in this State 239
1655 An Act to prevent the exportation of Bread and Flour, not merchantable ; and
for other purposes therein mentioned , 290
*J656 An Act to esiablish the Roads and Ferries therein mentioned ; to presifibe cer-
tain rt'guhitions respecting ronds ; and for other purposes therein mentioned .296
"1657 An Act to prolong the time for certain Officers of the Militia to take the oath or
affirmation prescribed by law 295
*lf,58 An Act more effectually to prevent Shopkeepers, Traders and others, from
deahng v\ith Slaves having no tickets from their owners ; and for other
purposes therein mentioned 296
1659 An Act for raising supplies for the year one thousand seven hundred and
ninety-six 296
•1660 An Act for establishing a Mutual Insurance Company in Charleston 3C2
1661 An Act to authorize the Secretary of this Stale to deliver out Grants of Lands,
surveyed previous to the year 1792 302
*1662 An -ict concerning the Cavalry and .irtillery of this Suate, and for other pur-
poses therein mentioned 303
1663 An Act to compel all Dislrict Sheriffs or Provost Marshals, heretofore appointed
in this State, or their representatives, to lodge in the offices therein men-
tioned, the Book? of their respective offices 303
1664 An Act to amend an Act entiiled "An Act for the Abolition of the Rights of
Primogeniture; for the giving an equitable distribution of the estates of
intestates ; and for other purposes therein mentioned," passed the nine-
teenih day of February, in the year of our Lord one thousand seven hun-
dred and ninety-one ; also for regulating Sheriffs Sales 304
1665 An Act to abolish the right of Trial by Special Jury, except by the consent of
both parties 305
1666 An Act lo authorize the Tax Collectors throughout the State to collect assess-
ments for the poor 306
1667 An Act to amend the several Acts relative to the office and duty of a Coroner;
and for settling the fines lo be inflicted on Jurors who shall fail to attend
after beingduly summoned 307
1668 An Act to increase the price of License to Hawkers and Pedlers 307
1669 An Act to dispense with the frequent swearing of Jurors in civil causes 308
*1670 An Act to declare more exphciliy the powers of the (.'ity Council of Charles-
ton, as to the sale and resale of certain Public Lots on East Bay-street
continued ; and for other purposes therein mentioned 309
TABLE OF CONTENTS.
1C71 All Aci lu c-CHlf tu the Vniled Stales the jurUdiction over a cenain tract ofLaiiil,
on Nurth Island, uliereun a IJght House may be erected 30U
167*2 All Act to amend the l..au respecling Quarantines .310
lfi73 An Alt to exempt llie Clirk of the lily Council, ond the Clerk of the
Court of Wardens, of CImrletlon, and the Clerks nf the County CourU
throughout the Stale, from serving as Jurors 310
1674 An .\ct to explain and amend the .Vet enliiled "An Act for establishing an
easier and cheaper mode of recovering Money secured by Mortgoge on
Real Estates ; and barring ihe Equity of Uedemption ; and for abolishing
the fictiiious proreediiips in the action of Ejectment." 311
•1675 An Act lo incorporate the Charleston Insurance Company 311
1676 An Act to establish an Inspection of Tobacco in the Town of Columbia, and
to adil two Commissioners for the Inspection at Camden 311
1677 An Act to repeal the several .\ctB therein mentioned to esiabUsh a Company
for clearing and improving the Navigation of Pine Tree Creek, and for
opening a Canal with Locks, from t.ie some Creek up to or near tne Town
of Camden 312
* 1678 .^n Act to establish the Koads and Ferries therein mentioned ; and for ap|>oint-
ing Commissioners of the Streets and >Iarkets in the Town of Columbia. ..315
1079 An Act to empower the Commissioners for erecting a Fort and I'est House on
the Island of Port Republic, to fix the same on a small Island at (he entrance
of Port Republic Harbour or Inlet, and to make compensation to the pni'
prietors thereof. 315
•1680 An Act to oscerluin what damages Robert Lindsay, William Turpin, ond the
Estate of James Sonnners, deceased, have sustained by East Bay-slreet
being continued Ihrougli their I^inds 316
1681 An Act to vest in the Intendant and Wardens of the Tawn ol Camden for the
time being respectively, within the said town of Camden, the same powers
and authorities which now arc and shall be hereafter vested in the Justices
of the Peoceof tins Stale 316
1682 An Act for oppointing Commissioners to run the dividing line between the
Parish of St. .Matthew and the Election district of Soio Gotha; for estate
lishing the dividing lines between Chester and Fairfield, Fairfield and Rich-
land, anil York and Chester counties ; also oppointing Commissioners for
surveying, laying out, and ascertaining, by moles and bounds, the bounda-
ries of the town of Camden 317
*I6H3 An Act to establish and incorporate a College in Pinckney district 31H
1684 An Act to authorize the Commissioners of Columbia lo convey two squares of
land lo the Agricultural Society of South Carolina 318
1685 An Act to appoint Iwo Commissioners, in addition lo those already appointed,
lo erect a .Magazine and Ijiboralory in or near Georgetown 319
1686 An Act to improve and preserve the nnvigoiion of Lyiicli's creek 319
1687 An Act lo authorize the Treasurer in Charleston to issue to James Sinklor cer-
tain CcrtificatcH ol his Funded Slock 320
1688 An Act for opening the Navigation of the Ixjwer Three Runs, from Joseph
Horley's Bridge to Rocky Point .Mills ; and for appointing Commissioneni
to dear oui and keep Navignlilo the river of Waccainaw, from the North
Carolina line down lo the mouth of Bull Creek 321
*1689 An .Vet to permit John Ruller lo bring certain .Negroes into ihis .Slate from the
Slate of North Carolina : and to relieve John James from the poins and
penalties of an .Act prohihiiing the imporlntion or bringing into this Slate
Negro .Slaves, as for as llie same may respeci lliree Negroes bought and
sent into ihisSiole by hiin 323
1690 An Act fur opening the Navigation of Saluda River 323
•1691 An Act to incorporate tne Spartanhurgh Philanthropic Society 321
1692 An Act lo raise supplies and lo make nppropriatioiu for the year una thousand
seven hundred anil ninely-sevon 334
*1C93 An Act to ostabUsh certain Roadu and Ferries ; and for olhor purposes therein
menlioned 329
TABLE OF CONTENTS. xix
*1694 An Act to incorporate certain Mechanics, Manufacturers and Handicrafts, of
the City of Charleston, by the name of the *' Charleston Mechanic
Society." 329
1695 An Act to enable the Assignees of Bonds, Notes or Bills, to bring actions for
the recovery of the same, in their own names 330
*I696 An Act to revive and extend an Act entitled "An Act to prohibit the importa-
tion of Negrues, unlil the first day of January, ont- thousand seven hundred
and ninety-nine," until the first day oi January, eighteen hundred and one. 330
1697 An Act to amend an Act entitled "An Act to amend the several Arts relating
to the office and duly of a Coroner, and for seitUng the fines lo be inflicted
on Jurors who shall fail to attend, after being duly summoned." 330
*1698 An Act to incorporate the Saint Andrew's Society of the City of Charleston,
in the State of South Caruhna 331
1699 An Act to increase the number of Justices of the Peace in Edgefield, Abbeville,
Greenville, Laurens, Spartanburgh, Union and Pendleton counties 331
*1700 An Act to incorporate the (ieorgetown Fire Company 332
1701 An Act for the belter regulating the Streets and Markets of the town of Colum-
bia ; and for other purposes therein mentioned 332
1702 An Actio establish the Boundaries of the town of Camden 334
1703 An Act lo prevent certain Streets in Beaufort from being slopped or obstructed . . 335
*1704 An Act to vest the powers of superintending the Puhhc Roads of the Counties
of Kershaw, Fairfield, Chester, York and Union, in Commissioners, instead
of the County Courts 336
1705 An Act to vest in the Clarendon Orphan Society all the escheated property of
the County of Clarendon, lor ihe purpose of endowing and supporting a
School in the said County ; and also for vesting escheated property in
Orangeburgh District, in Trustees, for the like purposes 337
*I706 An Act to establish an uniform and more convenient System of Judicature 340
1707 An Act to raise supplies and to make appropriations for the year one thousand
seven hundred and ninety-eight ; and forother purposes therein mentioned. 340
1708 An Act lo lessen the security at present required by law from the Commissioner
of Locations for Georgetown district ; and for other purposes therein men-
tioned 348
1709 An Act to enable Francis Marion Dwight to change his present name to that of
Francis Marion 348
*1710 An Act lo protect Slaves, belonging to third persons, from being distrained for
Rent not due by them 349
1711 An Act to permit ihe Honorable E. 11. Bay to leave the State 349
1712 An Act to oblige the Treasurers of this Slate to give securiiy for the faithful
discharge of the duties of their office 349
*1713 An Act to authorize the City Council of Charleston to imposeand levy a lax on
the lots on Sullivan's Island, to defray the cost of erecting a Pest House
on the north-east point of James's Island 350
1714 An Act to appoint Commissioners to lay out Streets on Sullivan's Island; and
for oi her purposes therein mentioned 350
1715 An Act to release Pierce Butler, Esquire, from his Executorship, to which he
was appointed by the last will and testament of the late Alexander Gillon,
Esquire 350
*i716 An Act lo permit William Telfair and Elizabeth his wife, the representatives
of the late Artemas Elliott Ferguson and John Moultrie, to bring certain
Negro Slaves into this State 351
1717 AnActlolim>t the period for which Justices of the Quorum and Justices of
the Peace shall remain in ofiice ; and for other purposes therein mentioned. 351
*1718 An Act to revise and amend an Act entitled "An Act to establish an uniform
and more convenient system of Judicature." 354
1719 An Art to authorize David Campbell to place a Dam across Edisto river 354
1720 An Act granting the rights and privileges of Denizenship to Alien Friends,
residing, or intending lo remove, wilhin the Umits of this State 355
1721 An Act to regulate the pay of the Members of the Legislature, during their
attendance upon the same ; and also of the Circuit Solicitors 355
TABLE OF CONTENTS.
1723 An Act lo explain an Act entilled "An Act lo regulate the opening of Dama
across Rice grounds, and the making and keeping up Dams for reservoirs
of water," passed on the eleventh day of Marc-h, in the year of our Lord
one thousand seven hundred and cighty-sij ; and for other purposes there-
in meniioned S'*"
1723 An All to vest in the Rev. .Simon Felix O'GolIagher, Pastor, and others com-
posing llie Vestry of the incorporated Roman Catholic Church of Charles-
ton, the right of the Slate in a certain lot of land supposed to be escheated. 367
*!72l .^n Act to prevent the opening of Streets, Lines, Alleys and Courts, within
the Ciiy of iJharlcsion, without permission specially obtained 358
•1725 \n .Vet lo incorporate the Baptist Church at the head of Enoree river, by the
name of "The Head of Enoree Baptist Society." 358
•1726 An Act to incorporate the Charleston Water Company 358
*1727 An Act to establish certain Roads and Ferries ; and for other purposes therein
mentioned 359
1728 An .Vet to enable the Agricultural Society of South Carolina to dispose of the
Estate of the late Dr. John Delahowe, in the manner therein meniioned.. .359
1720 .■Vn Act lo estslilish the ollice of a Comptroller of the Revenue and Finances
of the State; and tor other purposes therein men'ionod 360
•1730 .\n Act to incorporate the Cpper Long Cane Society, in Abbeville District 363
•1731 An .\c\ to compcnscte (he heirs and devisees of Peter Porcher, deceased, for
certain property therein mentioned 363
1732 An Act to vest in the Camden Orphan Society, and in other Charitable Societies
therein mentioned, the escheated property therein mentioned 363
T733 .An Act respecting the Division Line between the Parishes of .St. James, Goose
Creek, and St. George, Dorchester 366
1731 An .\ct to invest John Kngllfh, Jr., son of Robert English, deceased, with such
part of his father's estate, in this Stale, as remains undisposed of by the
Commissioners of Confiscated Estates 367
•1735 An Act to incorporate a Company for opening a Canal from Back River to
Chapel Bridge 368
17^ .\n Act 10 authorize the Treosurers lo pay certain persons therein meniioned,
their annuities, and regulaiing payment lo annuitants 368
•1737 An Act supplementary lo an Aci entilled ".\n Act to eslnbhsh an uniform and
more convenient system of Judicature." 369
173d An Act lo raise supplies and make appropriations for the year one thousand
seven hundred and ninety-nine; and for other pur|io8es therein mentioned 369
•1739 .Vn .Vci lo establish certain Roads and Ferries; and lor other purposes therein
meniioned 377
•1740 An Act furiher to revive and extend an Act entitled "An Act to piohibit the
importation of Negroes until the fust day of January, one thousand seven
hundred and ninely-uiiic, until the first day of January, one thousand eight
hundred and one," to the first day of January, one thousand eight hundred
and three 377
•1711 An Act lo incorporate the Georgetown Library Society 378
1742 An Act for alliring nnd amending an Act passed the inih day of December,
1707, entitled ".An Act for opening the .Navigation of Saluda River " 378
174S An Aci to authorize and oblige the Keepers of Gaols in this Siaio lo receive,
and keep in safe custody, all prisoners committed under the aulhiiriiy of
iho I'nited Stoles ; and lo oblige SheriUs lo provide blankets for criminals
confi.ieil ill their respective t*ao!s 379
•1744 An Act lo prevent Negro slaves, nnd other persons ol colour, from being
bruughi into or entering this .*^iate 380
♦1745 An Act rcajiecting Slaves, Free Negroes, .Mulaltoes and Mestizoes ; for enfor-
cing ihe more punctual performance of Patrol djty ; and to impose certain
restricliuns un the emancipation of Slaves 880
17 1(5 An Act to legalize the several Juries drawn at the last Circuit Court at Chester
District, to serve at the next Spring Circuit : ami to prescribe the mode of
givin:; the pnicecdings of the late County Courts in evidence in the Courts
of Lnw ami Eqiiiiy in this State 380
TABLE OF CONTENTS. x\i
1747 Ah Act to entitle the several persons therein mentioned to receive from the
Treasury certain sums tiierein specified, as pensioners 3SI
♦1748 An Act in addition to the Militia Laws of this State 382
1749 An Act to alter and amend an Act entitled "An Act to prevent certain Streets
in Beaufort from being stopped or obsirucled," and to restrict the owners
of lots on the front of the said street? from buildinj thereon 382
1750 An Act to prevent the obstruction to the passage of Fish up Saluda River 383
•1751 An Act to incorporate the John's Island Society, of the Parish of St. John's,
Colleton 333
1752 An Act to establish an Inspection and Warehouses at the places therein men-
tioned 384
1753 An Act to anihorize the Treasurer to fund a Certificate therein mentioned 385
1754 An Act for t'»e benefit of .Tane Sommerville 385
1755 An Act to raise supplies and make appropriations for the year of our Lord one
thousand eight hundred 336
♦1756 An Act supplementary to an Act entitled "An Act to prevent Negro Slaves
and persons of Colour from being brought into or entering this State." 397
1757 An Act to prevent the forging, and uttering, knowing the same to be forged,
certain instruments in writing, therein mentioned 397
1758 An Act to establish the Office of Commissioner of Locations 398
*1759 An Act to incorporate the South Carolina and State Banks 399
•1760 An Act to repeal the ,\ct entitled "An Act to establish a Company for the open-
ing the Navigation of Broad and Pacolet Rivers." 399
•1761 An Act to establish a Court of inferior jurisdiction in the City of Charleston,
and to extend the jurisdiction of Magistrates throughout the Slate, except
those resident in the City of Charleston 399
1762 An Act to vest in the Commissioners of the High Roads and Bridges, through-
out the Slate, the .sole right of granting and issuing Licences to Tavern
Keepers, Retailers of Spirituous Liquors, and Keepers of Billiard Tabids. . .399
1763 Ad Act to establish a Town in the Fork of Tugaloo and Keowee rivers 401
1764 An Act to increase the storage of Tobacco at Hammond's, Campbell's, and
Pickens's Warehouses 401
1765 An .ict to authorize the Treasurer to deliver to Peter Trezevant a bond and
mortgage therein mentioned 402
1766 An Act to provide for the drawing and legalizing a Jury to serve at the next
Spring Circuit for Sumter District, and legalizing the Jury lately drawn in
Orangeburgh District 402
1767 An Act to establis'.i a College at Columbia 403
1768 An Act to authorize the Treasurer to deliver to certain persons, therein mention-
ed, new Indents, in lieu of the original ones which have been lost 405
*1769 An Act to establish the Roads and Ferries therein mentioned 406
1770 An Act to establish an Inspection of Tobacco at or near the mouth of Little
river, in the District of Abbeville 406
1771 An 4ct to establish a certain new District therein mentioned 407
1772 An Act to establish the office of Comptroller General ; to provide for the more
punctual collection of Taxes and liebts due to the State; and for the
better administration of the Public Revenues 408
1773 An Act to prevent .Sheriffs from being proceeded against by Attachment or
Rule of Court, after a certain time 412
1774 An Act to exonerate Clement C. Brown from the payment of interest on a
certain Bond therein mentioned 412
17*5 An Act to grant further time for registering Liquidated Demands against the
State 413
1776 An Act to authorize William Soranzo Quince to change his present name to
that of William Soranzo Hasell 414
*1777 An Act to incorporate the Antipoedo Baptist Church, in the town of George-
town 414
1775 .\n Act to exonerate John Simpson from the payment of a certain obligatory
writing, therein mentioned 414
TABLE OF CONTENTS.
lT7y An Act lo relieve Ralph Spence Philips from ihe penohies of the Act entitled
*'An Act for uispo«ing of certain ^tatee, and banishing certain persons,
therein mentioned." 415
1780 An Act to amend nn Act entitled "An Act for regulating the admission of Attor-
nies and Solicitors to practice in the Conrt^ o( this State." 416
*1781 An Act to authorize certain persons therein mentioned to bring certain Negro
Slaves into the State 416
nS2 An Act for iheeslahlishmenl of a Tobacco Inspection, and Warehouse or Ware-
I10USC8, in the town o( Uon-hehier, Saint Oeorge's Parish 417
*1783 An Act to appoint Commissioners lo assess such parts of a lot of land in Charles-
ton, as are necessary lo widen East Bay-street, and to permit the City
Council to enjoy the same as a public street, on the payment of the sum
assessed as its value 417
1784 An Act to raise supplies and to make appropriations for the year one thousand
ci^hi hundred and one ; and for other purposes therein mentioned 417
1785 An Act prescribing, on the part o( this Slate, the times, places and manner of
holding Klections for Uepresentfllives in the Congress of the Ignited States. 430
1786 An Additional Act for the more eflectual prevention of Guming 432
*i787 An Act to alter nnd amend an Act entitled "An Act to prevent Negro Slaves
and persons of colour from being brought into or entering this State ;" and
also an Act supplementary to the Act aforesaid ; and for other purposes
therein mentioned 433
1738 An Act lo empower the Commissioners of the Tobacco Inspection in Charles-
ton to receive into the Wurehoutes there, on store, cotton and other articles,
on the condition therein mentioned 433
*1789 An Act to incorporate tlie Marlborough Acndemy, the Philomatic Society of
Marion District, and the Jefferson Monticello Society of Fairfield District. 434
1790 An Act to prevent the unnecessary attendance of Witnesses in Courts of
Justiie 435
•nyi An Ant to incorporate the Siato Bank ; nnd imposing certain restrictions on the
Directors, Officers and Servants of Banks in this State 435
1792 An Act 10 authorize the drawing of Juries for Horry District; and for other
purposes therein mentioned 435
•1793 An Act lo confirm the by-laws of the Protestant Episcopal Church of St.
Philip in Charleston, and lo enable the Congregation thereof to alter the
same, or substitute new by-laws, under certain resirictiuns 436
1794 An Act to authorize Josiah Pcndarvis, togelher with his issue, to change their
present surname of Pcndarvis to that of Bedun 437
1795 An Act authorizing the Commissioners for disposing of the public land in the
town of Columbia to deliver up certain bunds therein mentioned, and to
convey certain squares to the Trustees of the South Carolina College 437
1796 An Act lo permit the Honorable Elihu Hall Bay lo leave the State 438
*1797 An Act to incorporate the several Socieiicsihcrein mentioned 438
1798 An Act in favor of John Kershaw, and the other representatives of Colonel
Joseph Kersliaw, lulc of the town of Camden, deceased 439
•1799 An Act lo incorporate the "Abce yi'lomim ubne ebyonim," or the Society for
the relief of Orphans and Children of indigent parents .439
180U All Act to restrain tlie operation of ihe h^cheal Ijiws in relation lo Barnend
Dierson, his heirh and assigns 439
1801 An All to iiuiliorize ihu Trustees of the Miirlboruugh Academy to raise the
ttum of Two Thousand Five Hundred Dtdlars by Lottery 440
lS()*.f All Act to rupeol the Acts of ConfiNcution and Ainorcemenl, so tiir as the same
relate tu the Folate, Uval and Personal, of the late Henry nnd Rowland
Kugoly 441
1HU3 An Act to raise supplies and make appropriations for the year one thousand
eight hundred and two ; and for other purposes therein mentioned 441
1801 An Act supplementary loan Art entitled *'An Act for declaring the powers
and duties of the Kntpiirers, AsscMors and Collectors of the Tax.>s, and of
oilier porsoni ronccrned therein." 452
TABLE OF CONTENTS. xxiii
1805 An Act to authorize the production of Office Copies of Grants in Evidence,
under certain restrictions 459
1806 An Act to authorize Richard Andrews Rapley, JuUus Nicliols, Henry Wilson
and John Bowie, to sell and dispose of all the Lands, Town Lota and Buil-
dings of the College of Cambridge 459
"•1807 An Act directing the Secretary of State to give up the bond of Thomas Gough,
given for building and keeping in order a Bridge over Pon Pon river at
Jacksonborough, and to vest the Ferry in Leslie Gough, for fourteen years. 460
.808 An Act to continue for fourteen years an Act entitled "An Act to incorporate
certain Mechanics, Manufacturers and Handicrafts of the City of Charles-
ton, by the name of the Charlesten Mechanic Society;" and to alter and
amend the same 460
1809 An Act appointing Commissioners to run out the lines of the several Election
Districts therein mentioned; and to ascertain the dividing line between
Orange and Winton Counties 460
1810 An Act 10 authorize the Treasurer at Columbia to deliver to William Zimraor-
man the certificates therein mentioned 461
181 1 An Act to aUer part of an Act entitled "An Act respecting Slaves, Free
Negroes, I\Iulattoes and Mestizoes ; for enforcing the more punctual per-
formance of Patrol duty ; and to impose certain restrictions on the eman-
cipation of Slaves." 462
1812 An Act toamend an Act entitled "An Act establishmg a Tobacco Inspection in
the City of Charleston." 462
1813 An Act to alter the place of holding Elections for Members of the Legislature,
in the Election Districts therein mentioned 462
'1814 An Act to alter and amend the several Acts respecting the importation or bring-
ing into this State, from beyond seas, or elsewhere, Negroes and other
persons of colour ; and for other purposes therein mentioned 463
1815 An Act to aid the establishment of the South Carolina College ; and to amend
an Act entitled "An Act to establish a College at Columbia." 464
*1816 An Act to relieve tlie inhabitants of Charleston district from the unequal duty
of serving on Juries, and to make their duty uniform with that of the citi-
zens of other districts 464
1817 An Act to alter and amend an Act entitled "An Act concerning Estrays." 465
1813 An Act to authorize the selling of the several Court Houses and Gaols therein
mentioned 466
1819 An Act for the better regulating the Streets arid Markets in the town of Winns-
borough ; and for other purposes therein mentioned 468
*1820 An Act to incorporate llie Town of Beaufort ; and for other purposes therein
mentioned 470
*1821 An Act to establish certain Roads and Ferries ; and lor other purposes therein
mentioned 470
1822 An Act to raise supplies for the year one thousand eight hundred and three ;
and for other purposes therein mentioned 470
1823 An Act to make Appropriations for the year one thousand eight hundred and
three 473
*1824 An Act to establish four Circuits for the Courls in the upper districts of this State .477
1825 An Act to constitute the Clerk of Orangeburgli District, Register of Mesne
Conveyances for the said District 477
*1826 An Act to establish Williamsburgh County, according to its present limits, into
a Circuit Court District 478
*1827 An Act to erect and establish Lexington County into a Circuit Court District ;
and for other purposes therein mentioned 478
1828 An Act to increase the number of Justices of the Quorum and of the Peace in
several of the Districts of this State 478
1829 An Act concerning the line of division between this State and the State of
North Carohna 480
*1830 An Act to authorize the City Council of Charleston, with the consent of Con-
gress, to impose and levy a duty on the tonnage of ships and vessels, for
the purpose therein mentioned 480
TABLE OF CONTENTS.
"1831 An Act for eilending ihe incorporaiion of llie Snint Andrews Sociely 480
]S32 An Act to appoint Commii^^iancrs lo cause to he run out and marked the Divi-
sion Line between the District of Chesterfield and the District of Darling-
Ion ; ond for other purposes therein mentioned 480
1833 An Act appropriating the sum of One Thousand Two Hundred Dollars for the
purchase of Abraham, and for other purposes therein mentioned 481
•1831 An Act to iiicorpomie the several Religious Societies therein mentioned 481
*I835 An Act to vest in James H. Ancrum and his heirs and assii^ns, for a terra of
years, the liridge called Rantole's Bridge and Causeway, to fii the rates of
toll thereof, and for other purposes therem mentioned ; and for establishing
certain other Ferries and Bridges, and appointing certain Commissioners of
Roads in this Stale 4S1
1836 An Act to compel persons having any papers of the late County Courts, apper-
taining lo the Onice of Ordinary, to deliver the same to the respective
Judges of ihe Courts of Ordinary 482
1837 An Act to indemnify Samuel Harris fur the loss ol a Negro, killed working on
tjie Kuads, in the public service 482
1838 All Act to raise supplies for the year one thousand eight hundred and four;
and for other purposes therein mentioned 483
1839 An Act to make Appropriations for the year one thousand eight hundred and
four 488
1840 An Act to authorize and direct the Treasurers to receive the pay bills of the
Members of the Legislature and Solicitors, for the present session, in pay-
ment of taxes, or to pay the same out of the unappropriated monies in the
Treasury : and to make approjiriations for the repairs of the Llaol in Orange-
burgh District 492
184! An Act to supply the defects occasioned by the loss of the Great Seal of this
State affixed to grants for land within the same 493
*1842 An Act to alter and amend an Act entitled "An Act to incorporate the Town of
Beaufort ; and ft»r other purposes therein mentioned." 493
1843 -\n Act to ratify and confirm the acts and proceedings of persons heretofore
acting as 'I'rusiees of the College ot Columbia 494
1844 An Act relative to the Kslate of the late Dr. John De Iji Howe 495
*1845 An .Vet to incorporate the Trustees ol the Pineville Acodemy 495
*1846 .4n .\ct lo incorporate the Botanic Society of South Corulino 495
1847 An .Act to authorize Thomas 1'. Carnes to practice in the Courts of Law and
F.quily in this State 496
1848 An -Vet to prevent the opernlion of Ihe limitation .Act on the Lands of the late
Thomas Wadsworth, Esquire, deceased 496
1849 .An Act lo authorize Flihu Hall Bay, one of the Associate Justices of the Sute,
to leave the same for twelve months 497
1850 An Act to authorize the drawing of Juries for Willianuburgh District ; and lo
carry into effect the .\ct of the Legislature entitled ".\n .\ct to erect and
establish I,eiington County into a Circuit Court District ; and lor altering
Ihe sitting of the Courts in Hurry District ;" and for other purposes there-
in mentioned 497
*185l An .Act to fix the rates of storage of Cotton in Charleston 499
*1852 An Act lo repeal an Ordinance of the City Council of Charleston 499
1853 An .\ct to enable Justices of the I'eace and of the Quorum to compel the atten-
dance of witnesses before them, in the trial of cases small and mean 499
*1854 An .Acl for the incorporation of licorgetown 500
1855 An Act to increase the compensjliun allowed to Sheriffs by Law, for the custody
and dieting oi their prisoners 500 j
1856 An Actio cede lolho I'nited States various Forts and Fortificalioni, and Site*
for the erection of Fort< 501
*1857 An Act to open the Navigation nf certain Rivera Iborein menlionod, and for
cutting a Canal across .North Island 508 j
1858 An Act to exempt the Officers and Clerks of llio Slate and oilier Banks from
serving as Jurors 50p I
TABLE OF CONTENTS. xxv
•1859 An Act to incorporate the several Societies therein mentioned ; and for other
purposes therein mentioned "^^ '^
1860 An Act for the punishment of certain Crimes against the State of South
Carolina.
503
1861 An Act to enable Jolin Barkley to change his name to that of John Bankston. ..504
1862 An Act to remove certain doubts relative to the title of John Rosborough to a
certain lot of Land at Chester Court House 504
1863 An Act to authorize the Agricultural Society of South Carolina to raise a cer-
tain sum of money by means of a Lottery 505
•1864 An Act lo authorize the City Council of Charleston to ascertain and define the
wards within that City ; to appoint an Escheator; and for other purposes
therein mentioned 505
*I865 An Act to repeal an Act of the General Assembly of this State entitled "An
Act for the belter regulating the Streets and Markets of the Town of
Columbia, and to incorporate the said Town." 505
•1866 An Act to establish certain Roads, Bridges and Ferries ; and for other purposes
therein mentioned 505
1867 .\n Act for appointing Commissioners to ascertain and run out the dividing lines
between Orange and Lewisburgh Counties, and also the lines between
Orange County and Lexington Disirict 506
•1868 An Act to incorporate the South Carolina Insurance Company 506
1869 An Act to amend an Act entitled "An Act to appoint Eschealors and to regulate
Escheats." 507
*1870 An Act to enable Budcade Matthews and Mary Ekelsale to bring into tnis Slate
certain Negro Slaves from the Bahama Islands 507
*1871 An Act to enforce the due observance of the Military Law, so far as the same
relates to Captains Jacob Drayton and William Rouse 508
1872 An .\ct to authorize the Treasurer to pay to David R. Williams the amount of
a general Indent and a Surplus Certificate 508
1873 An Act to prevent the obstructions to ihe passage of Fish up the Enoree and
certain other rivers 508
1874 An Act to authorize certain Commissioners to loan out the principal sums arising
Irom the sale of the Lots in Conwayborough ; and directing that until the
Gaol of Horry District be completed, persons accused of the commission
of crimes in the said District, shall be comrailied to the Gaol of George-
town 509
1875 An Act to raise supplies for the year one thousand eight hundred and five ;
and for other purposes therein mentioned 510
1876 An Act to make Appropriations for the year one thousand eight hnndred and
five 516
1877 An Act to suspend forever the sale of certain Lands therein mentioned 520
1878 An Act to alter and amend the several Acts heretofore passed regulating the
admission of Attornies, Counsellors and Solicitors to practise in the Courts
of Law and Equity in this Stale 521
1879 An Act to legalize the Titles and Grants of certain Aliens, who have since
become Citizens or Denizens 523
1880 An Act to enable the Town Council of Georgetown to compel the attendance
of witnesses before them ; and authorizing the said Town Council to con.
vey, for the use of the Gaol in the said Town, a part of the street on
which the said Gaol is bounded 523
1881 An Act to require persons who purchased lots from Ihe Commissioners of the
Town of Columbia to register their titles; and for other purposes therein
mentioned 524
*1882 An Act to incorporate the several Societies therein mentioned ; ard for other
purposes therein mentioned 526
1883 An Act lo compel certain Officers of the State to deposit, for safe-keeping, in
Ihe Slate Bank, the monies they have received, or may hereafter receive,
in 'heir respective official characlers 525
IV
TABLE OF COXTEN IS.
1S34 An Act lo authorize and oblige the Gaoler of Georgetown District to receive,
for safo-keepingt such person or persons as may be apprehended, according
10 Law, in the District of Williamsburgli ; and fur other purposes therein
mentioned 527
*1333 An Act to estabhsli ccrlr.in lloads. Bridges and Ferries ; and for other purposes
therein intMiiiuncd 5'-7
1336 An \cl to in.-rease ttie 'lumlter nf Justices of the t^uoruni and of tlie Peace in
A&veralid' the Di»lricls of this Siate Tt'^^
1337 An Ad to raise supphco fur the year one tliousand eiglii hundred ami six ; and
for other purposes therein mentioned re''.'
18SS An Act lo make Appropriations for the year one thousand eight hundred and
six ^3t*>
*1S39 An Act to amend iiii Act entitled '^Vn Act for amending an Act entitled an
Act fur regulating and ascertaining the rales of wharfage of ships and
merchandize, and olso for ascertaining the rates of storage in Charleston ;"
and for repealing the first clause of the said Act, or any other Acts as are
repugnant thereto 540
1390 An Act lo authorize the Bolanick Society of South Carolina to raise a certain
sum by Lottery 510
1891 An Act concerning the Town of Soiegotha 540
*18'J2 An Act to alter and amend an Act entitled "An Act concerning the Cavalry
and Artillery of this State: and for other purposes therein mentioned;"
passed tlie 16ili ')ei ember, 1797 542
*1S93 An A^t lo give the .Militia UlTicers of this Stale, who have not taken the oath
required by the Ad of ihe General Assembly, passed the nineteenth day
of December, one thousiind seven buiiilred and ninety-foiir, in the manner
directed by said Act, further lime to lake the said oath .^42
*1894 An Act lo appoint CommisBJoiiers lo assess such parts of lots of land in (.'harleo-
ton as ore necessary lo widen .Marketslreet, and lo jiermii l.e City Coun-
cil to enjoy the same as a public sired, on payment of the sum assesseil tk»
ilsvolue 542
1895 An Act for the rehef of Jesse Koundlree and others, owiicrs of .Mill Dams on
Horse Creek 542
*1896 .\n .\ct to authorize the diflcrent Hoards of Coinmissionnrs of Roads through-
out the Slate to have the fines and other monies due, or which may here-
after be due, to the said Boards of Coniiiiiesioners (and heretofore collected
by Conotables) collected by Sheriff" 543
1897 .'\n Ad to ndd John Simpson lo the present number of Justices of the Peace
for Charleston District .'>43
•1898 An Act explanatory of former Acis rcluiive to the mode of determining Ihe
seniority of Officers in the Militia of ihis Slate ; oiid Itir other purposes
therein mer.lioned 544
189'J An .Vet lo change the name of John Collington to that of John Uidgel 514
*I900 All Act 13 incorporate the I'nion Insurance Company .'144
1901 An Act to mark and define the lines of divinion between tlio Districts of New-
berry niid Laurens, and the Districts of llorry and Georgetown, nnd appoint
Commissioners therein mentioned 544
1902 An .\ct 10 alter llio dividing line belwecn Islington and Orongeburgh DiiitricU.515
1903 An Act to increase the compensnlionof the Members of the I^glslalure, by Act. 546
•1901 An .\ct to incorporolo ihe Beaul'ort Library Society, and also the Newberry
Libnry Society .MS
1905 An Act lo legalize titles lo real properly derived from or through Aliens, and
loeiiablo Aliens, under certain condiliuns therein mentionei), to hold, con-
voy and devise real properly 54C
19u0 An Act aiithnrizing the Truslces of the Newberry Academy, and the Iiidepen-
duiil ('oiigregatioii of lleaiiforl, lo raise siimsot money by woy of I>i|tory.548
*rjl)i An Act for the eMaiilishinenl of Koada, Bridges nnd I'errips ; nnd for olhor
purpiMCN therein mentioiipd 549
I'.WH An Acl to raise kupphes fur the year one thousand eight hundred and leven ;
anil for other purposes there in nicntioned Hi'}
TABLE OF CONTENTS. xxvil
. D. 1807. IWi) An Actio mnke Appropriations for the yenr one lliousand eiijlit hundred and
seven ^^'
181)8. 1911) An Act to authoiize and direct the Treasurers to receive the Pay Bills of the
members of the Legislature and Solicilors for the present session, in pay-
ment of taxes, or to pay the same out of the unappropriated monies in the
Treasury; and liir other purposes therein mentioned 563
♦1911 An Act for the better arrangement of the sittings ol the Courts of Equity ;
for the establishment of Courts of Appeal for the same ; and for other pur-
poses therein mentioned ^"'^
1912 An Act authorizing the more speedy recovery of Rent ; and for other purpo-
ses therein mentioned ''"-'
19)3 An Act providing for carrying into operation the provisions of an Act amend-
ing tlie Constitution, and introducing a reform in the representation of this
Slate, proposed by the last and ratified by the present Legislature 066
1914 An Act to authorize the citizens of this Stale, in the several Circuit Districts
within the same, to elect, by ballot, the Sheriffs within their several and
respective Districts 569
1915 An .\ct to vest in the Judges of the Courts of Common Pleas the powers apper-
taining to and exercised by the Courts of Fquity, as to the appoinlment
of Guardians, so far as may relate to the right of Minors in any estate to
be divided under the Act passed in the year of our Lerd 1791 ; and for
other purposes amendatory of the laws 570
*1916 An Act requiring the Maior Generals of Militia of this Slate to cause one uni-
form system of evolutions to be adopted by the Cavalry within their res-
pective divisions ; for perfecting the several officers of Militia throughout
this State in their military I'.uty ; and for other purposes therein mentioned .572
*I9!7 An Act to incorporate the South Carolina Homespon Company 572
1918 x\n Art to make provision by law for any child or children that may be born
subsequent to the making and executing the last will and testament of any
person, but previous to the decease of such person ; and amendatory of
the Act abolishing the rights of primogeniture 572
1919 An Act to vest two tracts of land on Edisto Island in the members of the Epis-
copal Church of Edisto Island 573
1920 An Act for compelling all blasters of Vessels lodging Seamen in the Gaols of
the seaport lown.":, to give security for taking ihem away, and for their
maintenance 574
*1921 An Act to alter and amend "An Act to incorporate Charleston ;" and for other
purposes therein mentioned 574
1922 An Act to suspend forever the sale of certain Lands therein mentioned 574
1923 An Act to amend an Act entitled "An Act to cede to the United States various
Forts and Fortificalions, and sites for the erection of Forts," passed the
nineteenth day of December, 1805 575
♦1924 An Act amending the Charter of the Winyaw Indigo Society ; and for other
purposes therein mentioned 576
"1925 An Act to incorporate the several Societies therein mentioned 576
1926 An Act to enable the Catawba Indians to make leases of their lands for life or
lives, or term of years ; and for other purposes therein mentioned 576
1927 An .\ct to remit the Escheat which has accrued to the State of one moiety of
the estate of the late Nicholas Winckler, Jr., deceased, and to vc>t the same
in the sisters of the said JNicholas Winckler, and the issue of such of them
as are deceased 577
1928 An Act to correct an error in an Act entitled "An Act to remit an Escheat
which has accrued to the State, and to vest the same in the persons therein
named." 578
1929 An Act to release the Commissioners of Pendleton County Court, and to vest
in the hands of Commissioners the funds which may be due to the said
Commissioners, as Commissioners of the said County Court, for the pur-
pose of establishing a Circulating Library 578
1930 An Act to amend an Act entitled "An Act to prevent the daming up Broad,
Saluda, Pacolate, Tyger and Enoree rivers, and Stephens's Creek, or other-
TABLE OV CUNTE-NTS.
wise obatrucung)iliefibh frum^pajiiiitg up ihettaiil rivcns ; and lo oblige such
persons ultu have ulreaJy damrd urulherwbo ubslructed ibe passage of
fish in said riv4.T:>, tu upeii the said dams or obslructioiis so as fish may
pass ;" and fur other purftoses therein mentioned 57y
1931 An All lo gram to James \V. Cotton the exclusive privilege of running a Stage
Coach lo and from certain places fur a hmiled lime 5S0
"1932 An Act to entublish certain Roads, Bridges and Ferries, therein mentioned 581
1933 An Act lo raise supplies for the year one thousand eight hundred and eight ;
and for other purposes therein mentioned 581
1934 An Act to make appropriations for the year one thousand eight hundred and
eight 591
•1935 An Act to legalize ihe drawing of the Grand Jurors for Charleston; and fur
other purposes therein mentioned 594
1936 An Act for the appurtionmeni of the Representation among the several Districts
of this Slate 594
*1937 An Act to provide for the more easy and expeditious administration of Jusiice
in the Courts of this State 595
*1938 An Act to alter and amend "An Act lo incorporate Charleston/' by an equal
division of Wards; and directing the representation thereof in City Coun-
cil to be apportioned on the principle of population and taxation; and for
other purposes therein mentioned 596
1939 An An to diminish the cost of the Attornies, Clerks and Sheriffs, in certain
cases at Law therein mentioned 596
•1940 An Act lo amend and explain the.Mililia Laws of ihis State 596
"1911 An Act lo authorize the City Council of Charleston to erect ond build, within
the enclosure of the city burial ground, lymg without the city, on the bor-
ders of Ashley river, a subsianiial brick magazine, for iho storing of gun-
powder 597
*1912 An Act lo incorporate the several Societies therein mentioned ; and for other
purposes. 597
19-13 An Act to prevent individuals building or erecting bouses or other buildings on
ihe public squares, whereon ihc gaols and court houses in the several dis-
tricts ore erected ; and for other purposes therein mentioned 597
19 J 1 An Act lo amend an Act entitled "An Act lo prev»»nl the spreading of Conta-
gious Distempers in the Stale," an also "An Act lo amend ihe law respect-
ing Quarantines." 598
1915 An Act to appoint certain Commissioners for running the lino between the
Parishes of St James, Cjoosc Creek, and St. George, Dorehestor 598
*1946 An Act to inrorporaie the Presbyterian Church in the Parish of St. Philip's
and State of South Carolina 599
1947 An Act to prohibit iho sale of Spirituous Liquors, or other articles, at or near
the places assigned for divine worship 599
1948 An Act to authorize William Aikins, formerly Sheriff of York County, lo
make lilies to a certain tract of land purchased by Joseph Leech at Sheriff's
sale f>00
1919 An Act lo empower Captain George Grace and others, n ihe DiBtriri of Green-
ville, to otttablish a Ixiltery lo raise money for the purpose of building a
house for public wonhip ; and lo empower the vestry and wardens of the
Episcopal Church in Georgetown, Winyaw, lo estahhsli a Lottery for the
purpose of repairing the KpiHco|uil Church ni (ieorgrtown, Winyaw 601
*I950 An Act tu incorporate ibe Alount Pleasant Academy, m the Pariih of Christ
Church, and lo rnablc the trusleeii (o recover a legacy for the education
of the jHx>r children of iho said Parish G(il
'I'J.M An Act to estnhlish certain Roods, Hridgos and Ferries, therein mentioned fA}\
'195*2 An Art authorizing iho PrrRident and Tnisteeii of the xri^ond Preiibytenan
('hurchof the ciiy and iitiburbN of Chorlesion, to raise, m aid of their funJii
for the building of o Church, a sumof money by wny of l^oitery 602
1953 An Acttogra.it permiMion m the llunornblr Joieph Hrevard lo leave thr
Stole of South Carolino foi three months, between the first of May niul
iho first o( October, in the year IHIOor 1811 6'>''
TABLE OF CONTENTS. xxix
I'.Ti-l An Act to regulate the place or places lor holding general Elections for mem-
bers of the Legislature, in the election districts in this State, and for re-
pealing all Acts relative thereto 6(12
1955 An Act to establish a Warehouse and Inspection for Tobacco, and for the recep-
tion of Cotton and other produce, on the lands of Aaron Ferrel, on Tooga-
loo river, in the District of Pendleton ; and for other purposes 603
l'J5G An Act to change and alter the name of Charles Richardson, of Claremont
County, in Sumter District, to that of Charles Rich 604
1957 An Act to permit William Gordon to practice Law 605
•1958 An Act to alter and amend an Act entitled "An Act to incorporate the Society
commonly called and known by the name of the Fellowship Society,"
passed the SSd day of August, 1769 .605
*1959 An Act to establish a Company for the inland navigation from Sampit into
Santee, and from Santee into Cooper or Wando river 605
1960 An Act to raise supplies for the year one thousand eight hundred and nine ; and
for other purposes therein mentioned 605
1961 An Act to make Appropriations for the year one thousand eight hundred and
nine 613
1962 An Act to alter and amend an Act entitled "An Act for regulating the inspec-
tion and exportation of Tobacco i and for other purposes therein men-
tioned." 617
1963 An Act to lessen the security required to be given by the Commissioners of
Locations gig
•1964 An Act to incorporate the Union Bank of South Carolina 618
1965 An Act to define and establish the compensation which Sheriffs shall in future
receive for dieting Negroes confined in Gaol ; and for other purposes there-
in mentioned 619
1966 An Act to authorize the Board of Directors of the South Carolina Homespun
Company to establish a Lottery or Lotteries for the benefit of the said
Company 619
•1967 An Act to incorporate the Protestant Episcopal Society for the advancement of
Christianity in South Carohna 62Q
•1968 An Act authorizing the building of a Bridge over Cooper river, at Clement's
Ferry 620
1969 An Act authorizing the Gaolers of Charleston, Williamsburg, Marion and Horry
Districts, to receive and take charge of persons liable to he committed in
Georgetown District ; and for building a Gaol in the town of Georgetown.. 620
1970 An Act to authorize certain Societies to raise.! sum of money by Lottery ; and
for other purposes therein mentioned 621
"1971 An Act to authorize the Intendant and Wardens of the City of Charleston to
widen Motte street, and to open Kinlock's Court as a street ; and for other
purposes therein mentioned 622
'1972 An Act to incorporate the several Societies, and for other purposes therein
mentioned .- 622
1973 An Act to regulate and ascertain the rates of landing, storing and weighing of
Produce in the town of Georgetown ; and for abolishing the inspection of
certain articles therein mentioned in Charleston and Georgetown 623
1974 An Act to increase the number of Justices of the Quorum and Justices of the
Peace, in several Districts in this State 624
*1975 An Act to incorporate the Planters and Mechanics Bank of Sonth Carohna 625
•1976 An Act establishing a Court of Equity in and for the District of Beaufort ;
and for other purposes 625
M977 An Actio establish certain Roads, Bridges and Ferries ; and for other purposes
therein mentioned 625
1978 An Act to raise supplies for the year one thousand eight hundred and ten ; and
for other purposes therein mentioned 625
1979 An Act to make Appropriations for the year one thousand eight hundred and
l«'" 634
TABLE OF CONTENTS.
1930 An Acl Co olnblish Free Srliools ihroughout llie Slnie • • .'"'3'J
I'JSl An Acl lo repeal all Ai-l» and clauses o( Acts requiring llic owners of Mill-
dams on 'I'ygcr river lo keep tlicm open fur ihe passage of Fish up the
said river ''"
•19S2 An Acl to incorporale ihe Cliarleslon Fire Insurance Company 6-Jl
l'.'83 An Acl lo prevent any citizen of this Stale from being sent lo tiaol, until he be
heard by himself or counsel *"-
rJ8l An Act lo amend an Act enlillcd "An Acl to repeal an Ail of the General
Assembly of this Stale entitled an Ac lor the better regulating the streets
and markets of ihe Town of Columhia, and to incorporale the said town.".. 6-12
•19S5 An Act to aulhorize ihe widening of State, late .Moiio and I'nion-sircets, in the
Ciiy of Charleston, in such manner and under such provisions as are herein
specifieJ °^3
'laSTi An Acl for amending the charier of ihe Planier's and .Mechanic's Bankof Soulh
('arolina; and for other purposes therein menlioned 613
1937 An -Acl to make appropriation for Ihe support of a Professor of Chemistry in
llie South Carolina College frlS
1998 An Acl lo vest in Hugh .Milling and his heirs iho right and title of the Stale lo
a cert*iin tract of land 61-1
•I9'<9 An Act toauthorize the Commissioners of the Orphan House of Charleston lo
select the number of youths therein menlioned, from those educated and
maintained on the bounty of thai institulion, who shall be allowed lo com-
plete their education at the Soulh Carolina College 611
"lU'.K) An .\ct for regulating the Courts held by the Associate Judges of this Stale at
the conclusion of their respective cir«uil8, and of the Courts ol .-Vppcals
held by the Judges of the Courts of Equity, within this State ; and fur other
purposes therein mentioned 645
1991 .An .\ci to appoint cerlrtin Commissioners lo establish the Parish lines between
St. Philip's and St. Andrew's; belween St. Andrew's and .St. James,
Goose-Creek; and between St. Andrew's and St. George's, Dorcliesier ;
between .Si. Psilip and Si. James, Goose Creek ; and between St. James,
Coose-Creek, aud St. George, I orchesler •'>r>
P.i'.l-J An .\ct to prevent any person thai now holds, or who may hereafter bold, the
ofiice of Ordinary of any Oistrict in ihis Stale, from pmciiciiig as an .\ltor-
ney. Solicitor or Counsel, in any of the Courts, either of Law or Equity,
within this Stale; and for olher purposes therein menlioned 616
1993 An .Act lo prevent obstruclions lo the free passage of Fish up the river Keowee
and its waters 647
*I!I91 .\n Act lo establish certain Roads, Bridges and Ferries; onU for certain pur-
poses therein menlioned 648
•1995 An Act to incorporate the Pcndlcion Circulating Library Society, the Sumtcr-
ville Library Society, and the other Societies therein mentioned 648
• 19P6 An Act discontinuing the public road leading over the Causeway at and passing
through Willlown ; and establishing as a public road llie road leading by
Old RIack Mingo Ferry ; and for reviving an Ordinance, passed in the
year one thousand seven hundred and ninety, for laying oi>en the naviga-
tion of Black .Mingo iTcck 648
1997 An Acl to oulhorize and empower the Trustees of the Wadsworthville Poor
Si'hool, in I^urens District, to alien and sell certoinjunds therein men-
lioned 648
1998 An Acl lo aulhorize Ihe Inlendani and Wardens of ihe Town of Beaufort to
lay oul Streeis on HInck's Point, in iho Town of Beouforl ; and for other
purposes therein menlioned 649
1909 An Act to authorize certain persons, therein mentioned, lo change their present
names 650
•2000 .An Act lo alter the time of the sloled meeting of the Board of Trustees of tbs
.South Carolina College ; and for other pur|ioscs therein menlioned 651
•.'<101 An Acl lo raise siipphei lur the year one ihousniid eight hundred and eleven;
II ml for other purposes therein menlioned 652
TABLE OF CONTENTS. xxxi
2003 An Aft to make Appropriations for the year one thousiiniJ eight hundred and
eleven 660
3003 An Act prescribing, on the part of this State, the times, places and manner of
holding Elections for Kcpresentalives in the Congress of the United States. 664
*2004 An Act to extend tlie provisions of an Act entitled "An Act to remedy tlic de-
fects of tlie Courl of Ordinary in the several district:! where there are no
County Courts, as to matters and cases in which the Ordinaries of thoiie
districts may be respectively interested,'" passed the seventh day of 3Iarch,
one thousand seven hundred and eighty-nine, to all the Circuit Court dis-
tricts throughout the State 667
2005 An Act for ratitying and confirming a Convention betvieen the State of South
Carolina and the State of North Carolina, concluded at Columbia, in the
State of South Carolina, on the elevenlh day of July, in the year of our
Lord one thousand eight luindred and eight, and in the thirty third year of
the Independence of the United Slates of America 667
2006 An Act making additional appropriations for the year one tliousand eight hun-
dred and twelve 669
2007 An Act providing for the better defence of this Slate ; and lor other purposes
therein mentioned 670
2008 An Act (o prevent the pernicious practice of Duelling 671
2009 An Act to authorize and oblige the several Gaolers in this State to receive for
safe keeping such person or persons as may be apprehended or may be in
confinement according to law, in any district wherein the gaol or gaols now
are, or may hereafter be, destroyed by fire or other accidents; and for
other purposes therein mentioned 672
*2010 An Act to exempt the officers, non-commissioned ofiicers and privates of the
(.'ity Guard of Charleston from militia duty 673
2011 An Act to increase the number of Justices of the Quorum and Peace in several
Districts in this State 673
2012 An Act making it unnecessary for the Sher.ffs of certain Districts, herein men-
tioned, to advertise sales of property taken in execution in the public
Gazettes 674
2013 An Act limiting the term of service of certain officers, who have heretofore
held their offices during good behaviour; and for other [turposes therein
mentioned 674
*2014 An Act to incorporate the Free 3Iason Hall Company 676
2016 An Actio afford Landlords or Lessors an expeditious and summary mode of
gahiing re-possession i'rom tenants or lessees, who shall hold over after the
determination of their leases 676
•2016 An Act to amend an Act entitled "An Act to authorize the opening and widen-
ing of State, Jate Motte and Union streets, in the City of Charleston, in
such meaner and under such provisions as are herein specified." 677
2017 An Act to amend an Act entitled "An Act for regulating the admission of
Atlornies and Solicitors to practice in the Courts of this State." 677
2018 An Act to alter and amend an Act entitled "An Act to enable the Catawba
Indians to make leases of their lands, for life or lives, or terms of years ;
and for other purposes therein mentioned." 678
2019 An Act to enable the Company for opening a Canal from Back River to Chapel
Bridge, to raise by Lottery the sum of five thousand dollars 679
2020 An Act to enable John Bowman to change his present name to that of John
Bowman Lynch 679
*2021 An Act to establish a Bank, on behalf of and for the benefit of the State 680
2022 An Act to raise supplies for the year one thousand eight hundred and twelve;
and tor other purposes therein mentioned 680
2023 An Act to make appropriations for the year one thousand eight hundred and
twelve 688
*2ll24 An Act to amend "An Act for regulating the Courts held by the Associate
Judge.s of this State, at the conclusion of their respective Circuits, and of
the Courts of Appeal held by the Judges of the Courts of Equity
within this State," passed the twenty-first day of December, in the year of
TAliLK OF CONTENTS.
our Lord one thousand eigat hundred and eleven, by changing the day for
holding the Courts; and for legalizing ibe Jury drawn for the next ensuing
session of the Court in Colleton District 6'J4
2023 An Act making additional appropriations for the year one thousand eight hun-
dred and thirteen ; and for other purposes therein mentioned 694
•2(KG An \cl to altc- and amend the Militia Ijihs of this State 695
*2027 An Act to explain and amend an Act entitled "An Act to establish a Bank, on
behalf of and for the benefit of the Stale." 695
2028 An .\ct to authorize the Hon. Theodore Uadlnrd, one of the Judges of the
Cuurl of [->]uity ut the State, to leave the same for the time herein men-
tioned G9.'>
•2029 An Act for appointing an additional Commissioner or Master in Eijuity for the
Court ot Equity in Charleston ; andforother purposes therein mentioned. .69i'i
2030 An Act to allow the United Slotes to exercise jurisdiction for certain purposes
over the land on which Fort .>Iechanic is erected, in the City of Charleston. 69fi
2031 An .Act to incorporate the several Societies therein mentioned ; and lor other
purposes 690
2032 An Act for ratifying and confirming a provisional agreement entered into be-
tween the Slate of South Carolina anti the Stale of North Carolina, con-
cluded at M'Kinnoy's, on Toxoway river, on the fourth day of September,
in the year of our Lord one thousand eight hundred and thirteen 697
*2033 .\n .\cl to alter the times of holding the Courts of Common Pleas and General
Sessions in the Disiricl of Horry 697
2031 .\n .\ctaitnching to the District of Lancaster that portion of territory included
within the limits of this State, by the line lately run out, from the termina-
tion of the line of 1764, at the Salisbury road, to the South-east corner of
the Catawba line at 12 mile Creek ; and for other purposes relating thereto.. 697
2035 An .\ct to authorize the Sheriff of Chester District, or his successor in ofiice,
to execute titles to Joseph Robins for a certain tract of Land therein men-
tioned 699
*2036 An Act appointing Commissioners to lay out and make a portage at Lockert's
Shonis, on Broad river 699
2037 .\n Act to prevent the obstructions to the passage of fish up Reedy river, from
its mouth to the Tumbling Shoals; and for other purposes therein men-
tioned 700
203S An Act to authorize the Commissioners of the Pendleton Circulating Library
Society to alter the western boundary line of the public square in the
village of Pendleton ; and for other purposes 701
2039 An Aeiioaller the name of Martha Campbell to that of Martha .Smith ; and to
change the name of William Washington Uray Ellis to that of William
Washington Ellis ; and for other purposes therein mentioned 702
•2010 An Act to establish certain Roads, liridges and Ferries ; and for other purposes
therein mentioned 703
2011 .An .\cl to raise supplies for the year one thousand eight hundred and thirteen ;
and lor other purposes therein mentioned 703
2012 .\n .Act lo make appropriations for the year one thousand eight hundred and
thirteen 718
2013 An Act to enable persons, herenficr,on petition to the CourUof Low or Equity
in this State, to change their names; and for other purposes therein men-
tioned 7W
•2041 An .Act to establish a Court of Equity for Edgefield district 719
2015 An Art for the protection of the maratime frontier of this State 730
•2016 An .\(t to prolong the time for certain militia ofTicers to take the oath or allirmn-
lion presTibed by law . . ■ . ■ T80
•2017 An Act to alter and amend the charter of the Itank of ihe Slate of South Caro-
lina, so liir as relati's to Ihe iHsuiiic of liills of a leas denomination than one
dollar ; and for other pur|toses therein inentioiied THi
*204H An Act to incorpornlc Ihe ■everni .Sieiolies therein mentioned ; and lor other
purposes - 721
STATUTES AT LARGE.
AN ORDINANCE to suspknu all Sales bv Execution, for the No. 1341.
SPACE OF TWIiNTV DAYS.
I. Be it ordained, by the honorable the Senate and House of Represen-
tatives, now met in General Assembly, and by the authority of the same, Sales under
■ni 1 r 1 1 ■•! ■ . . 1 (V execution to be
1 hat no sale ol any estate, real or personal, within twenty 'lays alter gg^j_,j_
the passing of this Ordinance, seized under execution, shall be deemed
or held to be valid in law ; and the sheriffs, or other officers, of the sev-
eral and respective districts within this State, are hereby required, au-
thorized, and empowered to po.stpone the sale of all Such estates, real
or personal, as have been or shall hereafter be seized under execution
within the twenty days aforesaid; and every sheriff' or other officer who
shall proceed to the sale of any estates within the twenty days as afore-
said, shall forfeit his office, and be rendered incapable, upon convic-
tion, of holding any office of emolument or profit within this State, for
the space of six years : provided, nevertheless, that no sheriff or other
officer, except those of Charleston district, shall be held liable to the pen-
alty of this Ordinance, if he or they shall give satisfactory proof upon oath,
in any court of record in this State, that he or they were neither informed
nor knew of the passing of this Ordinance.
In the Senate House, the twentieth day ofHehruary, in the year of our Lord one thousanfl
seven hundred and eighty-seven, and in the eleventh year of the Independence of the
United States of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of E-ejireseutatives.
AN ACT TO ESTABLISH THE LEGALITY OF NoTICES WHICH MAY BK No. 1342.
GIVEN IX THE StaTE GaZHTTE.
I. Be it enacted, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority Lcsality of
of the same. That from and immediately after the passing of this Act, all public notices,
notices whatever, which shall be published in the State Gazette, shall he
deemed, held and received as legal notice for the district of Charleston, in
VOL. v.— 1.
STATUTES AT LAIUIK
the courts held for the saiil district : provided the sarae be pubh^hed ilirce
times, once in every week successively, in the said paper.
In the Seiinie House, (he ei^hlh day of March, in ilit* year of our Lord oae UiiMiKHiid
8«vt>ii htiiitlrcd uiifl ci^hly-iwven, uud in Uio eleventh yeur uf llie lndo|iaudcnce uf (Ik-
Unitcd 8tatos of America.
JOHN LLOYD, President of th4: Senate.
JOHN' J. PRIXGLE, SjiedkcrofthcHuuseofRcprcscntaticr.'s.
No. 1313. .^l.V ACT KOR PaclCfUINO the more J'UNCTI'.\1. a.nd reuvlar attkndanck
OF Persons elkctkd Membkr-s of tui; Senate and Hovsk or Rep-
resentatives.
Penalty nn
manusPr;* of
elections for
neglect to
make return.
Persons elect-
ed to ii{}j)etir at
the liiiii- of
n1eetill^^ or for-
feit 2l)s. fur ev-
ery iloy of de-
fault.
WHEREAS, the business niid sitting of the Let^islature is very much
retarded and jimlouiied liy tiie dihitory and iiret^iihir alteiidanoe of per-
sons electeil and returned ineniheis of tlie Senate and House of l?e|>ic-
scnlatives, to the threat expense and other detriment of tiie jnihlic ; lo
remedy and prevent which, as much as possible,
\. Be it iheirj'ore ciuicted by the honorable the Senate and House of
Representatives, and by tiie autiiority of the same, Tliat if tlie '•iiuicli-
wardens, or otiier managers and conductors of tiie election of any district
or parish, shall neglect to make a leturn at the time and place the Legis-
lature is to meet, according to the exigence of the writ to them directed,
then, and in such case, the churchwardens or inaiiagers so ne<;lecting,
shall pay the sum of twenty pounds, to be sued for and recovered by the
attorney general, and be j)aid into the treasury for the use of the Stale.
H. And he it enacted by tlie authority aforesaid. That every person who
shall or may be elected and returned, and doth (pialify to serve in the
Senate or House of liepreseiitatives, shall and must, and is hereby ordered
and diiectfd, |iei'sonally to be and :i]>p(Mi' at the lime and place iluly ])re-
scribed and ap|)ointed for the meeting of llie Legislalure, on pain of in-
cuiTing the penalty of twenty shillings liir every day lie shall make default;
and on his apjiearance the cashier of the House to which he belongs shall,
and is hereby ordered, on pain of lieing proceeded again.sl a.s for a con-
tern])! of the House and breach of privJlei;e, to report to the President of
the Senate, or Speaker of the House of Hepreseiitatives, as the case
may be, the number of days such person shall have made default, and
the President or Speaker shall thereu]Kni re(|uire him lo show cause or
excuse why he should no! pay such penalty, aiul shall lea\e lo the judg-
ment and (letermitiati<»n of ihe House to which he shall belong, wlielher
such penalty shall be exacted ; and in case it be llur judgiiieni anil deler-
miiiation of the House that the same shall be exncled, then ihe cashier
shall ilemand the payment thereof; and in case of refusal or noncompli-
nnce within seven days, the saiil jierson shall be taken into custody and
iiroceeded against by Older of the House to which he shall belong, r.s fur
a contempt ami breach of privilei;i' : provided, neverlheless, and it is hereby
enacted, that any ])ersoii who shall be duly elected nnj returned a meinlicr
of I'ithet House of the Lecislature, and who shall determine lo decline to
^et■ve and i|ualify, in case il may nol be convenient for him lo allend fm
OF SOUTH CAROLINA. 3
the purpose, it shall and may be lawful for him to signify and express liis A. I). 1737.
determination hy a letter signed hy himself, in the presence of a member of ^-^'~^~^~^
the same district or parish, and which said member shall deliver the letter
addressed to the President of the Senate or the Speaker of the House of
Representatives.
HI. Ami he it enacted by the authority aforesaid. That if any person
duly elected and returned as a member of either House of the Legisla-Peisonsclectcd
ture, shall neglect and fail personally to appear and qualify, or decline to ("appe^arto'lre
sei ve, or signify and express his determination to decline or not qualify, by reported by the
letter as aforesaid, at the meeting as aforesaid of the House for which he'^^*'"'^''"
is returned to serve, then, in such case, the casliier of the House for which
he shall be elected and returned a member, shall report such default to the
President or Speaker, and the person so making it shall be liable to be
sent for at his own expense, and taken into custody, and to answer and
show cause and excuse why he should not be liable to the penalties and to
be proceeded against as is above mentioned within the second clause of
this Act.
IV. Be it further emicte.d by the authority aforesaid. That if any mem- ~
ber of either House, who hath qualified and taken his seat, shall neglect to ^Members neg-
appear at tlie time and place to which the House may be duly adjourned to ''-''^""5 '" ap-
' ^ 1 , ' ■ ■ • r 1 ^^ '^p • ■ ■' i • i P'^^r, to be pro.
meet, or convened l)y a requisition of the Crovernor tor the time being, he oecded agaiust.
shall be liable to the same penalties, and shall be proceeded against as is
prescribed and directed in the said second clause of this Act.
V. Be it further enacted by the authority aforesaid. That if the cashier
of either House shall fail in their duty as above prescribed, he shall be *-'^^'"^'! '^'''"5
liable to be called on by the President or Speaker to receive such censure ,o be repri-
or repi'imand as the case may require, and the House to which he belongs mauded.
may resolve and direct.
VI. And< he it further enacted by the authority aforesaid, That the
twenty-second section of the Act for electing members, passed the twenty- ^"^P^^""
first day of September, one thousand seven hundred and twenty-one, shall,
and the same be, from and immediately after the ratification of this Act,
repealed, and it is hereby declared void and repealed.
In the Senate House, the eighth day of March, in the year of our Lord one thousand
seven hundred and eighty -seven, and in tlie eleventh year of the Independence of the
United States of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the Home of Representatives.
A'N ACT TO AUGMENT THE TrUSTKES OF THE CoLLEGE OF CAMBRIDGE. No. 1344.
WHEREAS, the difficulty of making a Board of Trustees for govern-
ing the college of Cambridge, is greatly injurious to the interests of the "'^"^ '''
said college ;
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and .sitting in General Assembly, and by the Additional
authority of the same. That the honorable Adanus Burke, Esquire, James '^"^^''''1 ^°'' '''®
Mayson, James Lincoln, and Charles Goodwin, Esquires, John Williams, Cambridge.
John Bullock, John Owen, and Williatn Swift, shall be, and they are
hereby declared to be, trustees, in addition to those formerly appointed.
STATUTES AT LARGE
and vested with all the powuis and authorities hcreti>fore j;iven to the
' trustees of the said college.
II. And he it f'lirt/ier eiiactrd by the authority aforesaid, That any seven
Seven to con- of the trustees of the said cedle^e shall be a quorum to manage the aftaira
!™'° ' '^"°' thereof, and to do all such matters and things as shall be necessary to pro-
mote the prosperity of the institution.
In the Senate House, the eighth day of Mnrqh, in the year of our Lord one thoiirnnd
seven hundred and eifrhty-pev«n, and in tho eleventh year of the Independence of the
United Slates of America.
JOHX LLOYD, Prcniihml of the Senate.
JOHX .1. PRIXGLE, Sj'ealcer if the. House of Ri'pre.vHtotires.
rum.
No. 1345. AN ACT for appointing Deputiks from tiif. State of South Car
OLINA, to a Convention ■>? the United States of A.mef.ica, pro-
posed to be held in the ClTV OF PHILADELPHIA, IN THE MONTH OF
May, one thousand skve.v iiundiied and eightv-seven, for the
rCRPOSE of ReVISI.NG the FeDi KAL CONSTITCTION.
WHEREAS, the powers at present vested in the United States in Con-
gress assctniiled, by the articles of confederation and ])erpetual union of
the said States, are found by expoi iciire £;really inadeijuate to the weighty
Pream !<•. j,|^,rpQses they wore orifjiiialiy inlendtd to answer, an<l it is become abso-
lutely necessary to tlie welfare of the confederated Slates that other and
more ample powers in certain cases should be vested in and exercised by
the said I'nited .States in Congress assembled ; and also that tht articles of
confederation and perpetual union of the United States should be revised,
in order to remedy defects wliich at their original formation in the time of
war and general tumult, could ni>t be foieseen nor sufliciently ]>rovided
against ; and whereas, this .State is, and ever hath been, ready and willing
to co-operate with the other States in union, in devising and ado|.lint; such
measures as will most eflectually insure the peace and general welfare of
the confedetacy ;
I. Be it therefore enaeteil, by the honorable the Sennle and House of
Cfinmi'^ioners Representatives, now met and sitting in tieneral Assembly, and by the
"PP"',"'-'' '" authority of the same. That live coinmissiont-rs be forthwith appointed by
lion, 10 revise joMit biillcit of th<' .Senate and House ol l{e|)resenlatives. who, or any three (U-
th'! federal con- 'more of them, being first duly comiuissioned by his Excellency the (iovernor
Biitution. j.^^j. jIi^. ijij^j^ being, under his hand and ihc ijreat .seal of the State, by vir-
tue of this Act shall be, niid an- hereby, aulliorized as deputies from this
State to meet such c'eputies or comtuissioners u-s may bo appoinl^'d and
authorized by other of the I'nited ."States to assemble in convention at the
city of I'hiladelpliia in the inontli of May next after passing of this Act,
or as .soon thereaflei as may be, ami lo join with such deputies or crjinmis-
sioners, they beint; duly authorized and empowered, in devisins and dis-
cussing all such allr-iations, clauses, articles, and provisions, as may be
thoii'^ht necessary to render the Federal Coii.stitution entirely iiile<|uate to
the actual situation and future ;;ooil government of the confederated Stales;
and that the said deputies or commissioners, or a majority of those who
shall be present, provided the State be not represented by less than two,
OF SOUTH CAROLINA.
tlo join ill reporting such an Act to the United States in Congress assem-
bled, as when approved and agreed to by them, and duly ratified and con-
firmed by the several States, will effectually provide for the exigencies of
the Union.
In the Senate House, the eighth day of March, in the year of our Lord one thousand
.seven hundred and eishty-seven, and in the eleventh year of the Independence of the
United States of America.
JOHN LLOYD, President nf the Se-natc.
JOHN J. PRINGLE, Speaker rf the Home nf Repreanitatire.t.
AN ACT TO .\UTHORIZE THE DELEGATES OF THIS St.\TE IN Co>GRESS No. 1346.
TO CONVEY TO THE UmTED StATES I-\ CoNGRESS ASS1:MBLED, ALL
THE RIGHTS OF THIS StATK TO THE TERRITORY HEREIN DESCRIBED.
WHEREAS, the Congress of the United States did, on the sixth
day of September, in the year one thousand seven hundred and eighty,
recommend to the several States in the LTnion havina: claim to West- „ , ,
, ... , . , TT ■ 1 S n ■ Preamble.
ein territory, to make a liberal cession to the Linited .States ot a portion
of their respective claims, for the common benefit of the Union ; and
whereas, this State is willing to adopt every measure which can tend to
promote the honor and dignity of the United States, and strengthen their
federal union ;
L Be it therefore enacted by the honorable the Senate and House of Rep-
resentatives, in General Assembly met and sitting, and by the authority p,
thereof, That it shall and may be lawful for the delegates of this State to thovizert to as-
the Congress of the United States, or such of them as shall be assembled °'P" " certam
in Congress, and they are hereby fully authorized and empowered, for and try to the U.S.
on behalf of this State, by proper deeds or instruments in writing, under
their hands and seals, to convey, transfer, assign, and make over unto the
United States in Congress assembled, for the benefit of the said States,
all right, title, and claim, as well of soil as jurisdiction, which this State
hath to the territory or tract of country within the limits of the charter of
South Carolina, situate, lying, and being within the boundaries and lines
hereinafter described, that is to say, all the territory or tract of country
included within the ziver Mississippi and a line beginning at that part
of the said river which is intersected by the southern boundary line of the
State of North Carolina, and continuing along the said boundary line until
it intersects the ridge or chain of mountains v/hich divides the eastern from
the western waters, then to be continued along the top of the said ridge
of mountains, until it intersects a line to be drawn due west from the head
of the southern branch of Tugoloo river, to the said mountains, and thence
to run a due west course to the river Mississippi.
In the Senate House, the eiglith day of March, in the year of our Lord one thousand
seven hundred and eighty-seven, and in the eleventh year of the Independence of the
United States of .\merica.
JOHN LLOYB, PredJent of the Senate.
JOHN J. PRINGLE, Speaker of the House of Representatives.
STATFTES AT LARCI-]
No. 1347. AX ACT TO amf.nd an Act kntitled " An Act to mithc'iire the Unitnl
Sidtis in Coiigriss assembled , to regulate the trade of the United Statej
with foreign nations."
WHEREAS, by an Act passed the eleventh day of March, in the year
of our Lord one thousand seven hundred and citrhty-six, the Consjress of
the United Stales were authorized and empowered to regulate the trade
Prenmblc. "f the United Slates with the West Indies, and all othei' external or fo-
reign trade of the said States, under certain restrictions, for a term not
exceedui'j; fiftoeii years from the passing of the said Act ; and whereas, it
is expedient that the powers vested in Congress by the respective States
should be uniform and of equal duration ;
1. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
',ert authoiity of the same. Thai the ])ower and authority vested in the Con-
is. grass of the United Slates by the said Act, shall commence from the day
on which Congress shall begin to exercise the same.
In Ihc Senato IIoii'<(>, tlic ei§;hUi Any of March, in llic ycnr of our LonI one tliouiiRiiil
seven liunilrrd luid eiphtj-scvcn, anil in the eleventh your uf ilio luilepenHenee of t)ie
I'nited Stales of Anieriea.
JOHN LLOYD, President of the Senate.
.JOHN J. I'JHNGLE, Speaker of the House of Represmlalirct.
Commence-
ment of the
No. 134S.
Eslrnvs to he
ndveriised
witliin three
days, and at
three or more
pnlilic places,
AN ACT CONCERNING EsTllAVS.
L Be it enacted, by the honorable the Senate and Hou.se of Repie-
sentatives, now met and sitting in (Jeneral Assend)ly, and by the authority
of the same. That it shall and may be lawful for any freeholder, by him-
self or his agent, to take up any estray on his own laiul, the liijhtl'iil owner
bcinij unknown, and having taken it shall, within three days, pulilicly ad-
vertise the same at three or more separate public places; and shall, within
seven days, give information thereof to some justice of the peace for the
same county, who shall thereu|ion issue his warrant lo three disinter-
ested residents of the neinhborhood, and for which he shall receive threes
shillings, conimandini; them, having been lirst iluly sworn, well and truly
to ascertain the value of such estray, to view and api)raise the same and
certify the v.aluation nnder their hands, together with a particular descri])-
tion of the kind, marks, brands, stature, color, and age, which certificate
shall, by the justice, be Iraiismilteil to the rlcrk of his coiiiily court within
seven days, and by such clerk to b< rntered in a book to be kept for that
purpose; and at ihe next court to be held thereafter, such deik shall
cause a copy of every such certificate to be publicly affixed at the door
of his court-house, and continue the same on two several coiirta after he
shall have received such certificate, for which services and a cerlificato
thereof, three shillings and six pence .shall be paid by the taker up.
OF SOUTH CAROLINA. 7
tl. And be it farther ewarfed by the authority aforesaid, That if the A.I). I7S7.
vakiation shall be under ten pounds, and no owner shall appear until after ^-^"'^'''••^
the adjournment of the second court wherein the description of the said proceedines if
astray hath been published as aforesaid, or on or before the sale thereof, no owner shall
then the said court by their order shall cause the said estray to be pub- "PP'^'"''
licly sold at auction, and the money arising therefrom be applied to the
use of the county.
III. And he it farther enacted by the authority aforesaid. That where
the valuation shall exceed ten pounds, and published as aforesaid, the Estrav to be
taker up shall send to the printer of the State C-razette a true copy of the j^^ ., ^pg^.r;,,.
certificate of description and appraisement, together with notice of the place tion, &c.
where the said stray is to be found, within one month from the time of
such appraisement ; and the State printer shall advertise the same three
times in the Gazette, and shall receive five shillings for each estray so
advertised ; and if no owner shall appear and make title to such estray
within twelve calendar months from the date of tlie appraisement and
publication as aforesaid, then such estray shall be sold by the order of the
county court at public auction, and the money arising therefrom .shall be
applied to the use of the county.
IV. And, be it further enacted by the authority aforesaid. That if any per-
son shall wilfully suffer any stone horse above the age of twenty months, ^'' stone-horae
to run at large in the woods, it shall be lawful for any person to catch and
geld such horse, and shall have a right to receive from the owner thereof
ten shillings for so doing; any law to the contrary notwithstanding.
Y. And be it further enacted by the authority aforesaid. That where
there are no county courts established, the magistrates in the several par-^°'j^J"''"^^',
ishes shall, and they are hereby empowered to, proceed where strays are where there are
taken up, as is herein directed for advertising and selling such strays in no county
the counties where courts are established ; and the money arising therefrom
shall be paid to the commissioners of the public roads, and applied towards
the repairs of the public roads within the parish where such strays shall
have been taken up and sold.
VI. And be it further enacted by the authority aforesaid. That if any
magistrate or clerk of the county, or person takina: up any estray, shall re- Penalty for ne-
fuse or neglect to perform the duties prescribed by this Act, each and s'<'<=' °' ''"'y-
every of them shall forfeit and pay the sum of three pounds, to be recov-
ered and applied to the use of any person who shall inform and sue for
the same, and shall moreover be liable in damages to the party ag-
grieved.
In the Senate House, the twenty-seventh day of March, in the year of our Lotd one thou-
sand seven hundred and eighty -seven, and in the eleventh year of the Independence of
the United States of America.
JOHN LLOYD, President of the Sciate.
JOHN J. PRINGLE, ,Sj)eaher of' the House of Reprrscntatives.
AN ACT to establish a Company for Clearing and Improving the Navi- No. 1349.
gation of Edisto and Ashley rivers, and for forming a communication
by a Canal and Locks, between the former and the latter.
(Passed March 27, 1787. See last volume.)
STATITKS AT LARCiE
No. 1350. AN ACT K'R levyi.vg a.nu colleci-i.nu cbktvin Duties and ImpoiiT!*
THEREIN .MENTIONED, l.\ AIU OF THE PlBLlC ReVENUK ; AXO FOR KK-
PEAI.ING SUNDRY CLAU.ST.S OF AN AcT ENTITLED " An Act for leVI/lTlff
and coUectinf; certain Duties and liiijJO.its," passu) .^IARCIl 26, 17S4 ;
THK SKCOXD CLAUSE OF An Act J'or collecting an Impost on Transient
Persons, passeo Makch 26, 1784 ; and the third and fifth clausf..s
OP An Ordinance J'or regulating Vendues, passed March 17, 17S5.
I. Be it enacted, by the honorable the Senate am) House of Re-
presentatives, met in General Assembly, ami by the authority of the
same, That from and immeiliately after the passing of this Act, the rates,
duties and impositions hereinafter mentioned shall be laid, imjmsed and
paid, on importation into any part of this State of the liquors, spirits,
goods, wares and merchandises, hereinafter specified and enumerated,
that is to say : on every gallon of taffia rum, one penny steiliti"^; on every
tion'^on l'\n">i gallon of Jamaica rum, four pence sterling ; on evtry gallon of Windward
liquori', goods, Island and other rum, three pence slorlin? ; on every uullon of brandy,
merchandize, g|j,^ arrack, aiuiiset-d and other cordials and liqueui^s, thiee pence sterliiii; ;
on every srallon of wine the srowth and pixiduce of the dominions of
France, two pence : on every sallon of wine, the growth and produce of
the diiminions of Portuijal, five pence ; on every eallon of wine, of the
growth and produce of .Spain, three pence ; on every callon of wine, im-
ported from the dominions of Great Britain, eight piiicc ; on every gallon
of beer, porter or other malt liquor, one penny halfpenny ; on every gal-
lon of cider, one penny ; on every gallon of molas.-ses, one penny : on every
pack of [)laying cards, six pi-nce ; on every hundred weight of brown or
chiyed sugars, imported from any part of the British islainls or plantations,
two shillings and six pence ; on every pound of refined sugar, inipoitcd
from any part of the British dominions, one penny half-penny ; on every
hundred weight of brown or clayed sugars, imported from any of the ilo-
minions of France, Spain, Hollaixl, Denmark, Prussia, or Sweden, one
shillin'4 and six pence; on every pound of ri-fined sugar, fnun any of the
last mentioned dominions, one half|ionny; on every hundred weicht of
cocoa, six shillings; im every hundred weight of pimento, five shillings;
on every hundred weight of coffee, four shillings ; on every jHiund of
bohea tea, four pence ; on every pouml of hyson tea, one shilling ; on
' every pound of all oilier teas, eitjht pence ; on every coach, chariot, post
chaise, chaise, ainl riding chair, ten per centum on the first cost; on all
wrought plate, plated ware, clocks, watches, and all kinds of jewellery,
ten per centum on the first cost ; on all kinds of slops and ready-made
clothes, except gloves, mitts and stockings, and on all manufactured leath-
er, five per centum. Tliiit an additional duty of twenty shillincs ]'cr head
be laid on all negroes liaiile lo |>ay duty according to the Art for levying
and collecting certain imposts and duties, passed the twenty-sixth day of
March, one thousand seven hundred and eighty-four.
II. And he it further enailid by the authority aforesaid. That iinthin'.;
herein contained shall be construed to ini]iose any duly whatever upon any
gooils, wares and merchandises of the growth, ])ioduce or manufacture of
the United Stales.
III. And be it fKrlher enacted by the authority aforesaid. That a duly
of three per centum shall l>e, and the same is hereby, imposed on the value
No duties on
dnmeatic
good*.
OF SOUTH CAROLINA. 9
of all goods, wares and nieichandises, not hereinbefore enumerated, except ^- "■ ' ■"■'''■•
of the growth, produce or manufacture of some of the United States, to be ^-*'''^^~'*-^
collected in the same manner and by the same persons, and subject to the 3 -p^ pg,j, „„
same regulations, penalties and forfeitures, as the above enumerated arti-allothergbojs.
cles ; and that the value of such imports shall be ascertained by the in-
voices and bills of lading thereof, which shall be produced and attested
by the importers before one of the commissioners of the treasury of
Charleston, or before the collectors of the ports of Georgetown or Beau-
fort, according as such goods shall be brought into one or other of those
ports, and before the same may be landed.
IV. And he it further enacted by the authority aforesaid, That when any
goods, wares, merchandises or negroes shall be imported into this ^t^teby g^i^^l^pj^j- 1^,
any person or persons whomsoever, with an intent to export the same, it to debenturo.
shall and may be lawful for such person or persons to report the same at
the custom-house, for exportation, within forty-eight hours after the arrival
of the vessel in which the said goods shall be so imported, and the collec-
tor of the customs for the port where the said vessel shall enter, is hereby
authorised and required to grant apermit for the landing of the said goods,
upon the person or persons who shall import the same giving bond with suffi-
cient.security, to the collector, to reship the same, which shall be done in the
presence and under the inspection of the searcher or waiter of the said port,
whose certificate, together with the oath of the consignee of the said ffoods,
wares, merchandises or negroes, are hereby required to cancel the said bond.
V. And be it further enacted by the authority aforesaid. That previous
to the cancellintr of the said bond, the person 01 persons who shall reship ^""'^ to begiv-
I -1 1 ? 1, • 1 1 1 1 1 1 , f , 1 1 ■ r en for soods to
the said goods shall give bond to double the value or the said goods, with i,e reishipped.
such security as shall be approved of by the collector for the port in which
the said goods shall be reshipped, to produce, within eight months there-
after, a certificate from the principal naval officer of some other port, that
the said goods, wares and merchandises have been there landed.
VI. And be it fill ther enacted, by the authority aforesaid. That when a
seizure of any goods, wares, merchandises, or negroes, shall have been Hoods, Arc.
made by any officer of the customs of this State, for breach of this Act or J''?"'' !" ''"
any law of this State for regulating the trade thereof, no amendment of
entry, or after entry, to evade such seizure, shall be permitted to be made,
but such goods, wares, merchandises, or negroes, shall become forfeited to
the use of this State and to the officers so making a seizure ; any law,
usage or custom to the contrary notwithstanding.
VII. And be it further enacted, by the authoiity aforesaid. That all and
every person and persons who is or are liable to pay the transient duty, Payment of
shall, at the time of his or their making an entry of his or their goods, ','""""*"""
wares or merchandises, give bond or note, with security, to be approved of
by the commissioners of the tieasury, or to the collectors of the ports of
Georgetown or Beaufort, to pay to them, for the use of this State, four per
cent, on the value of such sjoods, wares and merchandises, over and above
the duty and impost hereby and herein already laid. Provided neverthe-
less, that no subject of any kingdom or state in commercial alliance with
the United States of America shall be liable to pay a transient duty; any
law, usage or custom to the ctmtrary thereof in any wise notwithstanding.
VIII. And he it further enacted hy the anxhorily a.iores,a\A, That every
person who shall make an entry at the treasury or at the custom-houses at Oath to be ta-
Georgetown and Beaufort, of any negroes, goods, wares or merchandises, *""' ^^ ™po"-
shall make oath at the time that the said negroes, goods, wares or merchan-
dises are bona fide consigned to him, and that the same are not entered by
him to evade the payment of the transient dutv, and that no alien in this
VOL. v.— 2.
10 STATUTES AT LAR(;E
A. I). 17X7. Slate is iiiterestej in the sale of the said a'ooils ; or if any alien in this State
^■^"""''""^^ is inlerestetl in the sale of tlic said t;o(nls, that then the said person making
the entry shall declare iipun oath the name of the said person, and the pro-
portion which the said person has in the same ; and the said commissioners
of the treasury, and the collectors of the customs for the pons of Cieors;e-
town and l^eanfort, aie lierehy rei]iiircd not to s;ive a pennit fcir the landing
of the said goods until such alien, or the person wlio shall make the entry
of the same, shall give bond or note and suflicient security to the commis-
sioners of the treasury, or to the collectors of the customs for the ports of
Georgetown and Beaufort, to pay the duty herein and hereby imposed,
within one month from the time of making such entry.
IX. And be it further enacted by the authority aforesaid, That no per-
Nopnirv to be son actin? as a vendue master shall be allowed to make an entry at the
ninde by ven- treasury, or at the custom-houses of Georgetown and Beaufort, of any
due musters. •' , i i- i • ■ • • i ■
negroes, goods, wares or merchandises, upon their importation into this
State.
X. And he it further enacted by the authoritj' aforesaid. That it shall
Duty on goods and may be lawful for eveiy auctioneer or vendue master within the State,
so d at auction, j^ ^j^^^ ^^^ of the Sales of all ships, boats, or any other vessel, lands, slaves,
or houses, one per centum, and out of the sales of all hoi'scs, cattle, gpods,
wares and merchandises, three per centum ; which sum shall be paid to
the commissioners of the treasury by the respective aiictioneei"s or .vendue
masters, in specie or paper medium, once in every three months, for the ii- '
and service of this State, unless the saitl ships, boats, vessels, lands, slave-,
houses, horses, cattle, goods, wares and merchandises, were sold for indents,
iu which case the duty hereby im])osed shall be paid in indents; provided,
that nothing herein contained shall be construed to impose any duty on
sales made of the property of persons deceased, of insolvent debtors, or of
incorporated socii-ties, or which shall be sold under the order of any court
of justice in this State.
XI. And he it further enacted by the authority aforesaid. That whenever
Duties under ti,g amount of duties on the entry of any goods, wares, merchandises nnd
XlOtobepuid , ,, , •',•',?. , , •! 1
before foods negroes shall not exceed ten pounds sterling, in such case the said duly
are landed. shall be paid at the time of entering the said goods, and before the jjermit
for the landing the said goods shall be granted.
XII. And be it further enacted by the aiithonty aforesaid, That no
Dnys appijintpd auctioneer or vendue ma.ster shall offer for sale any articles on which a duty
eoods at ven- '•'^ hereby imposed, on any other days than Tuesdays and Thursdays, (dam-
due, aged goods, and properly of persons deceaseil, excepted ; ) and if any
auctioneer or vendue master shall offend against this clause, he shall for-
feit and pay for every offenco the sum of twenty pounds, one half thereof
to the use of this State and the other half to the jierson who shall sue for
the same, and shall moreover be, and he is hereby, prohibited from com-
mencing any action fctr the recovery of the specie, paper medium or in-
dents for which the said goods shall be sold.
XIII. And be it further enacted by the aulhorily aforesaid, That every
Oath tu be ta- licensed auctioneer or vendue master shall, within one month from the
kon by vendue passing of this Act, take the following oath : " 1, A 13, <lo sincerely swear
mamcra. '^^^ affirm, as the case may be) that I am not at this time in ])artnership
with any person who is not a citizen of this or some one of the I'niti-d
States ; and that I will not enter into copartnership with any alien whilst
I continue to art under the licen.se 1 now have : So help me tiod " And
if any auctioneer or vendue niiisler shiill neglect or refuse to take the said
oath hereby re<|uired, wilhiii one monlh from the ])assingof this Act, every
Buch person shall forfeit the sum of five bundled pounds, to be recovered
OF SOUTH CAROLINA. 11
by action of debt in the court of comraou pleas of this State, one moiety AU- 17"~-
of which sum shall be to the use of this State, and the other moiety to the ^-''"v-'*^'
use of the person who shall sue foi the same.
XIV. And be if. further enacted by the authority aforesaid, Th:it the Treasurers to
commissioners of the tieasury be, and they are hereby, required t(j keep s- J.'o|j^i''",''dutie3
distinct account of the several and respective duties imposed by this Act, imposed by
under their particular heads. ''"* •*^'=*-
XV. And be it further enacted by the authority aforeeaid. That the sev-
enth, eighth and twenty-fourth clauses of the General Duty Act, passed ^'""^^^ °'^.
the twenty-sixth day of March, in the yearof our Lord one thousand seven ^pealgd.
hundred and eighty-four — the second clause of the Act for collecting an
impost on transient persons, passed the twenty-sixth day of March, one
thousand seven hundred and eighty-four — and the third and fifth clauses
of the Ordinance for regulating Vendues, passed the seventeenth day of
March, one thousand seven hundred and eighty five — be, and the same
are hereby, repealed.
In the Senate House, the twenty-seventh day of March, m the year of our Lord one thousand
seven hundred and eighty-seven, and m the eleventh year of the Independence of the
United States of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Representatives.
AN ACT FOR ENLAKGINR THE ToWN OF WlN'SBOROUGH ; AUTHORISING No. 1351.
THE InH.\B1TANTS THEREOF TO CHOOSE THRKE CoMMISSIONKRS ; AND
FOR OTMER PLKPI)Si:S THEREhV MENTIONED.
L Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority ofTownof Wins-
the same. That the town of Winsboroua;h be enlarged, agreeable to the J,°far'i'"ed."' "
plan hereunto annexed, and that all and singular the streets therein laid
out be hereafter deeined and held to b^ forever public.
IL And be it further enacted by the authority aforesaid. That on Easter
Monday in the present year, and on every Easter Monday thereafter, the '-j'""""'^"""'"
taxable inhabitants of the town of VVinsborough shall ciioose by ballot ci,osen.
three coiriraissioners out of the inhabitants residing within the said town,
to act for the ensuing year, as commissioners of the streets ; who, or any
two of them, shall have the same powers and authority for repairing and
keeping clean the streets of the said town, and for preventing and removing
nuisances, as the intendant and wardens of the city of Charleston do now
by law exercise.
in. And be it further enacted by the authority aforesaid. That John
Milling and David Evans be commissioners for managing the election to o/'eieTtioi™""
be held on Easter Monday as af >resaiJ ; and that the commissioners elect-
ed as commissioners of the streets shall, annually and every year, have the
management of the election for commissioners as aforesaid for the ensuing
year.
IV. And be it further enacted by the authority aforesaid. That the com-
missioners aforesaid, or a majority of them, shall and may annually assess ^^^'*"''^° '
the lots and houses of the said town, according to their relative value, and
levy on the owners thereof such sum or sums annually as shall be neces-
12
STATUTES AT LARGE
A.I). 17u7. ^ary tor keeijiiig ihe streets thereof cleau and in repair, anil for suili other
^-^'"'■'~*— ' purposes for the benefit of the said town as shall be deemed necessai-y by
the commissioners, or a majority of them.
V. And he it fiirtlnr ciiucttd by the authority aforesaid, That the
r^Ttuiii powers commissioners to be appointed as atbresaid shall be vested with the same
viisled in tlie , i ■ i i , i i i i i* *-,, i
comiuissiouers. powers and authority as the churchwardens ami constables oi Charleston
are vested with by an Act entitled " An Act for the belter observation of
the Lord's Day, commtmly called Sunday," and jiasscd the twelfth day of
December, one thousand seven hundred and twelve ; and the said commis-
sioners are vested with full powers to carry the said Act into execution,
and levy the fines therein recited upon persons commitlinij the oHences
therein mentioned, within the limits of the town of \\"iiisboioui:li.
VL And \\hereas, the ditliculty of convening together a sufllcienl num-
Il'ocoi'leic^o° ^^^ '*'" t'ustPes for the Colle),'e of ^\■insbo^ough to make such a quorum as
tic u ijuoruDi. is now required by law, makes it necessary to reduce the number ; Be it
therefore enacted by the authority aforesaid. That hereafter any five of the
trustees of the college of Winsborough shall be a quorum to do all busi-
ness respecting the said college ; any former law, usage or practice to the
contrary notwithstanding.
In the Senate House, ihe iwenty-scventh day of March, in the year ofourLord one lhoii!>ani<
seven hundred and eisrhty-fevcn, and in the eleventh year of the Independence of the
United Slates of America.
JOHN LLOYD, President of the Senate.
JOHN .T. PRINGLE, Speaker of the House of Representatirer.
(Plan of the
vn omillod.)
No. 1352. AN ACT roK GKANTIXG to Co>GI1I:sS the PtrPLIMKNTARV FfND.s
STATED l\ TliriU 1?KVF.NLE SvsTKM <1F Apitll. IS, 17S3.
AVHERE.'\S, Congress, by their revenue system, of the eighteenth of
April, one thousand seven hundred and cighty-lhiee, recommended to the
Pre b]e -several States to grant them supplemeiitiiry funds, in aid of the impost
recommended by the aforesaid revenue system ; and whereas, by the afore-
said system, South Carolina was quotaed in the sum of ninety-six thousand
one hundred and eighty-three dollars, to be annually ])rovided for the dis-
charge of the debts coiitiacted during the late war:
I. Be it enaettd, by the Senate and House of Kepresentativis, and by the
authority of the same. That the aforesaid sum of ninety-six thousand oiu-
t96,lRn appro- hundred and eighty-three dollars, ijuolaed on this State ns aturesaid, be,
nriaied for the and is hereby, approjiriated to the seivice of Congress, for the purposes
Goveruiiicnt. Staled in the aforesaid revenue system ; and the coinmissimiers of the trea-
sury are hereby directed to pay, each and every year, the afoie.said sum if
ninety-six thousand one hundred and eii;hly-thiee dollars, or as much nl ii
a.s shall be called for, to the order <if ("onuress, foi the piiiiioses staled in
the aforesaid revenue .system, of A])ril, 1/!S3. rrovi<ltril always, llial flu
aforesaid grant of Hiip]i1einenlary funds to Congress shall not operate in
OF SOUTH CAliOLlNA.
this State till the aforesaid revenue system of April Ibth, 17^3, shall ope-
rate generally in the United States.
In tlie Senate House, the twenty-seventh day of March, in tlie year of our Lord one thousand
seven hundred and eijhty-seveu, and in the eleventh year of the Independence of the
United States of AmcHca.
JOHN LLOYD, President oj the Senate.
JOHN J. PRINGLE, Speaker of the H<ju:<e of Rej>reseHtatkes.
AX ACT FOR RECOVERING FlNES A.ND FoRFEITKD ReCOGMZANCES INTO J^O. 1353.
THi; Public Treasi'ry.
L Be it enacted by the honorable the Senate and House of Representa-
tives, in General Assembly now met and sitting, and by the authority of the
same. That in all recognizances acknowledged since the twenty-sixth day |.g°°^^?J^™j,°'^
of March, one thousand seven hundred and eighty-four, or which shall here- forfeited to he
after be acknowledeed, bv anv person, for keeping the peace, or good ?"'<', .'"""''®
, , . ^ ~ . • •' ^ ' ? ' ^ „public trea-
behaviour, or lor appearing as a party, surety or witness, at any court ot j„ry.
criminal jurisdiction within this State, the sum or sums of money in which
anv such person shall be bound shall be made, and payable, to the State, in
aid of the revenue thereof; and every such recognizance shall be good
and effectual in law, provided it be signed by every party thereto, and also
acknowledged in the presence of a judge or justice of peace, who shall
certify such acknowledgment, otherwise such recognizance shall be void.
And whenever any such recognizance shall become forfeited by non com-
pliance with the condition thereof, the attorney general, or other person
acting for him, shall, without delay, issue a scire facias, to summon every
party bound in such forfeited recognizance, to be and appear at the next
ensuing court of sessions, to show cause, if any he hath, why judgment
should not be confirmed against him ; and if any person so bound fail to
appear, or appearing shall not give such reason for not performing the con-
dition of such recognizance as the court shall deem sufficient, then the
judgment on such recognizance shall be confirmed. And in every case
where any such recognizance shall be adjudged so forfeited, or where any
fine shall be imposed by or recovered for the use of the State, in any dis-
trict or county court, or before a justice, if the party incurring such fine or
forfeiture shall fail to pay down the same, with the cost of prosecution,
then a writ in nature of a frri facias shall issue, by virtue of which the
sheriff" or his deputy shall sell (in the same manner as property is sold un-
der execution in civil cases) so much of such offender's estate, real or per-
sonal, as may be necessary to satisfy the fine or forfeiture, and also the costs
of prosecution, and also the reasonable charges of taking, keeping and
selling such property, returning the overplus, if any, to the offender, to-
gether wth a bill of the fine or forfeiture, with cost and charges, if he
require it ; but the sheriff" shall sell every other part of the personal estate
before he shall sell any negroes. And if the sheriff" or his deputy return on
oath that such off"ender refuseth to pay, or hath not any property, or not
sufficient whereon to levy, then a writ of capias ad, satisfaciendum shall
issue, whereby he shall be committed to the common gaol, until the forfeit-
ure, costs and charges, shall be satisfied ; entitled, however, to the privilege
of insolvent debtors.
14 STATUTES AT LARGE
A.I). 17K7. ii_ i„j ig it further viMctcd l)y tlie authority aforesaiil, That tlie slierifl'
^-'^"^'"^^ of each distiict or county, and every justice of peace, or clerk of any court.
Sheriff to pay after receivin;; any fine or forfeiture, siiall, ns soon as may be, pay the same
fines recen.'d jj,t(, (],(, pulihc treasury, (exceptimj such fines and forfeitures, so to he re-
into the pubhc i i n i • i ,• r c \ \ • \
treasury. covered, shall be appropriated tor the use ot such county,) in such manner
as shall be directed by a majority of the judges thereof; and if any sheritf
or his deputy, or any clerk of a court, shall keep in his hands any moneys
which shall be recovered by or paid to him, for any fine or foifeiture, for
any space of lime more than two calendar months after such moneys shall
have been delivered to him, he shall forfiit truble the amount of the sum
keep eiitry'of'" *° detained. And every sherifl" justice, and clerk of a couit, shall cause to
fines. be kept a just and res:ular entry of all fines and forleitures that shall come
into his hands respectively ; and if any fraud or wilfid failure shall be com-
mitted by any sherift", deputy sherift', justice, clerk of a court, or a constable.
Penalty incase jjj levying, paying or accounting for, any fine or forfeiture, and be thereol
' ' convicted, the offender shall forfeit trelile the sum whereof there shall be
committed fraud or failure, and be thereafter incapalile to hold his office.
Provided, however, that all such forfeited recognizances, or any fines im-
"""^°' posed for trespass or misdemeanor or for default of jurors, shall be
subject to the payment of three«pounds sterling for every session sermon
that shall be preached at any district court ; provided also, that if any per-
son shall forfeit a recognizance from ignorance or unavoidable impediment,
and not from wilful default, the court of sessions may, on ullidavit slating
the excuse or cause thereof, remit the whole or any part of the forfeiture,
as may be deemed reasonable.
III. ^IwyZ if /VyttA-Z/'f/- c«ac<C(/ by the authority aforesaid. That an Act
Former act passed the twenty-sixth day of March, one thousand seven hundred and
eighty-four, for estreating forfeited recognizances, shall be, and the same is
hereby, repealed.
In the Senate House, the twrnly-sevcnth day of !\larch, in the yenrof our I.,orJ one ihuusunil
seven hundred onil eichly-scvcn, nnil in the eleventh yturoftho Independence of ihi
United ."Elates of .\nierieu.
JOHN LLOYD, Prcsidtid of the Sctiule.
JOHN J. PRINGLE, Speaker of the Home of Rrjnrscntativrs.
repealed.
No. 1354. AN OR DIX.AXCE for ap])oinling Commissioners for cleansing, clearing
and making navigable ('ln-chesey Creek, in the room ot' those who
are dead, with authority and powers contained in the Act of the (ieneral
Assembly for cleansing, clearing and making navigable the said Cieek,
passed the nineteenth of Alarch, one ihousaud seven hundred and fifty-six.
(Passed March 27, 17K7. Sec lust volume.)
No. 135.5. AN ACT to establish n Com|)any for the opening of the navignlion of
the Catawba and Waiereo Rivers.
(Passed March ^7, i7S7. Sec last rnhmr.)
OF SOUTH CAROLINA.
AN ACT TO AUTHORISE ExECUTORS TO SKLL AND CONVEY LaNDS OP No. 1356.
THKiR Testator, whkre no person or persons is or are expressly
NAMED FOR THAT PURPOSE ; AND IN CASE SUCH ExECUTOR OR ExECU-
TORS SHOULD DIE OR REFUSE TO QUALIFY, TO AUTHORISE THE ADMIN-
ISTRATOR OR Administratrix with the Will annexed, to sell the
Real Estate op the said Deceased, as directed in and by the
Will.
WHEREAS, doubts have arisen respecting the powers of e.xecntors to
sell and convey the lands of their testator, where the said testator has Prenmble.
directed that the same shall be sold, but has not declared by whom the said
sale be made ;
1. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of the
same. That whenever any person has directed or shall direct by his or her liiled cxi-initora
last will and testament, duly executed in the presence of three or more to sell land.cfec.
credible witnesses, that his or her lands shall be sold for the payment of
his or her debts, or for the purpose of distributing the money which may
arise from the sale thereof among his or her legatees, then and in every
such case it shall and may be lawful to and for the executors of such per-
son, or the majority of such executors as shall qualify on the said will, if
no person is expressly named for that purpose, to sell and convey the said
lands, agreeable to the intention of the testator.
n. And he it furthei enacted by the authority aforesaid. That if the
executor or executors should die, or renounce according to law, then, and Executors dy-
in that case, the administrator or administratrix, with the will annexed, |"| °'' '''^"''""'^'
shall be authorised by this Act to sell the real estate of the said deceased,
as directed in and by the will.
In the Senate House, the tweivty-seventh day of March, in the year of our Lord one thousand
seven hundred and eigiity-seven, and in the eleventh year of the Independence of the
United States of America.
JOHN LLOYD, President of the. Senate.
JOHN J. PRINGLE, Speaker of the House of Representatives.
AM ACT for incorporating divers Religious Societies therein named. No. 1.357.
(Passed March 27, 1787. See last volume.)
AN ACT FOR Naturalizing Richard Champion akd his descendants, jsJo. 1358.
AND Hugh Alexander Nixon.
WHEREAS, the said Richard Champion, a native of England, hath,
by his petition to the Legislature, humbly prayed that he and his descend-
16
STATUTES AT LARGE
R. rhnnipi
admitted to
a citizen.
Also Hugh
Nixon.
"• ants niiiilit lie pailakers of the ritjlits, privileges and immunities which the
■^ iiatuinl-l)orn citizens of the State of South Carolina ilo enjoy ;
I. Bv it therefore enacted, by tlie lionorable the Senate and House of
Representatives, now met and sittin<i in (.ieneral Assetnlily, and by the
authority of tlie same, Tiiat Rictiatd Cliampion, a native of England, now
^,1 a re.sideiit at Rocky Rranch, in tlic district of Canxk^n, on takin<r and sub-
be scribin<| the oatiis of alle'jiance and abjuration before any one of the asso-
ciate judges of tlie court of common pleas of this State, he and his de-
scendants shall be deemed and adjudged and taken to be natural-born citi-
zens of the State aforesaid, to all intents, constructions and j)uri)o.ses, as if
he or they or eitlier of them had been or were born within the State afore-
said ; and which said oaths any one of the said judges for the time being is
and are heieby authorised and empowered to administer ; any law, usage
or custom to the contrary thereof in any wise notwithstanding.
II. And whereas, Hugh Alexander Nixon, a native of Ireland, hath
A. served in 'the navy of this State for upwards of three yeai's, in the lali'
war against (Tienl Britain, and hath ever since resided in the said Stale,
and hath jjetitioned to be admitted to citizenship; Be if enacted hy ihv
authority aforesaid. That after the said Hugh Alexander Nixon shall liave
taken the oatlis as before prescribed, he and his descendants shall be there-
after naturalized and be invested with all the rights and privileges to a free
citizen belonsfinu;.
In the Senate Honse, the twenly-5'
seven hundred and eighty.64
United States of America.
cnth(lay«r-M:ir(h. in the vearof ourl.ordone lhou«nnd
en, imd in the eleventh yeur of" the Independence ol"the
JOHN LLOYJ), President of t/ic Senate.
JOHN J. PRINGLE, Sjiea/^eroft/te House of liej.resentalivcs.
No. 1359. AN ACT to authorise Commissioners for continuing East Bay Street
to Ashley River; to make a new assessment for conipleling the same:
and to repeal such clauses of the High-road Act, passed the twenty-
.sccond day of March, one thousand seven hundred tiiid eighty-live,
as relate to the said Street.
(Passed March 27, 1787. Sec last volume.)
No. 1360. AN ACT to ai.tkr tiii: pi.\rp,s or iicii.ixMi nir. I^i.kction.s i-on Mim-
IlF.ltS OK TIIK LkuISI.ATI'HK, FHK TIIF. I'AlilSIIKS TIirill'IN .MKNriONKIl.
Prearahir
Places of e|p
lion altered.
WHEREAS, the holiling of the elections for the members of the
Legislature, at the jiarish churches of the ])arislies of .Ml Saints and I'rince
Frederick's, are inconvenient and partial, inasmuch as the said parish
churches are not centrically hitiiateil ;
1. Be it therefore enacted, by the authorily of the honorable the Senate
and House of Rejiresentatives, now met and sitting in (reiieral Assembly,
That all elections in future for members of the Legislature which shall
OF SOUTH CAROLINA. 17
hereafter be held in the parishes of All Saints and Prince Frederick's, A. D. 1737.
shall be at the west end of Long Bay for the parish of All Saints, and at ^-^'^^'^-'
George White's, at Indian Town, for the parish of Prince Fredericii's.
In the Senate House, the twenty-seventh day of March, in ihc year of our Lord one thousand
seven hundred and eighty-seven, and in the eleventli year of the Independence of tiie
United States of America.
JOHN LLOYD, 'President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Representatives.
AN ORDINANCE to empower Commissioners therein named to cut No. 136L
and sink Drains and Water Passages in the Swamps and Savannahs
formed by Wannel's, otherwise called Cuckold's Creek,a branch of
Combahee River.
(Passed March 27, 1787. See last tolinnc.)
AN ACT TO REGULATE THE FUTURE ELECTIONS OF DeLECITES TO No. 1362.
REPRESE.VT THE StATE OF SoCTH CAROLINA IN THE CoNGRESS OF THE
UxiTED StAT!:S.
WHEREAS, by the fifth of the articles of confederation and perpetual
union of the L^nited States of America, it is agreed that for the more con-
venient management of the general interest of the United States, delegates
shall be annually appointed, in such manner as the Legislature of each
State shall direct, to meet in Congress on the first Monday in November Preamble,
in every year, with a power reserved to each State to recal its delegates,
or any of them, at any time within the year, and to send others in their
stead for the remainder of the year; and whereas, by the twenty-second
article of the Act for establishing the constitution of the State of South
Carolina, passed the nineteenth day of March, one thousand seven hundred
and seventy-eight, it is constituted and enacted that the delegates to repre-
sent this State in the Congress of the United States be chosen annually by
the Senate and House of Itepresentatives, jointly, by ballot, in the House
of Representatives ; and whereas, the United States in Congress assembled,
on the twenty-third day of March, one thousand seven hundred and eighty-
four, resolved that the several States be requested annually to appoint
their delegates to serve in Congress, for one year, to commence on the
first Monday in November next ensuing the time of their appointment,
and it is expedient to conform the future appomtment of delegates to re-
present this State in the Congress of the United States to what appears to
have been the intention of the articles of confederation and perpetual
union and the said resokition of the United States in Congress assembled ;
I. Be it therefore enacted,, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, That the '''^'®?''"'|
delegates elected on the sixth day of March instant, to represent this State "PP"'" "
in the Consri'essof the United States, be furnished with commissions under
VOL." v.— 3.
18
STATUTES AT LAK(;E
A.I>. 17H7. t|,e ojieat seal of tliis State, attest edliy the CJiiveniDr, and autlujrise<l to
^-^''^'"^-^ rejireseiit lliis Stale in the Conqress of'tlie UniteJ States, from the ilate of
the said commissions until the first Monday in November next exclusive,
and no loni;er, by virtue of such eleciimi and commission.
II. And be it J'urthcr eHiiclfd by the authority aforesaid That the other
Other del- delegates, also elected on the eigiith day of March instant, to represent
ejiitcs, lo sue- this State in the Comjress of the Uniled States, be furnished witii like
cccdUiepre- commissions, under the i^rcat seal of the State, attested by the Governor,
and authorised to take their seals in the Congre.ss of the United States oi]
the first Monday in Xovemlier next, and to continue to rejiresent this Stair
in the said Congress of the United States until the first Monday in Novem-
ber then next ensuina;, whicii will be iu the yearof our Lord one thousand
seven hundued and eighty-eight.
III. Anil lif it further enacted by the avithority aforesaid, Tiiat in fuluie
^'''';^'J"'f',''''^ the election of delegates to represent this Slate in the Conjre.ss of the
elected lU the ,. . , ^, ,11^ 1, 1 1 1 • ,• 1 t • 1
nieotiiij of tlie Untied States shall annually be maile at tlio meetina; ot the Legislature, in
I'^c'*'"'""^- the beginning of each year, and such dele<jates commis.sioned to take their
seats in Consress on the first Monday in November next eiisniinj their elec-
tion. Provided, that nothing in this Act, or in the ctmimissions to be given
to such delegates, shall be construed to bar the Legislature of their State
from recalling any delestate or delegates, so elected and commissioned, at
any time within the year for whicli he or they may be appointed, and send-
ing others in his or tlieir room and stead ; in which case, such delegate so
sent in the room of any other that may be recalled, or that may die, or re-
sign his seat in Conuiiss, shall be commissioned and authorised to sit and
re|)rosent this Stale in Congress only for the residue of tiie time not com-
pleted by such person so recalled, dying, or declining lo serve the State in
the Congress of the Uniled States ; any law, usage or custom to the con-
trary notwithstanding.
IV. And he it further enacted by the authority aforesaid, That if any
Viiciincies how vacancy shall hereafter happen in llie delegation from this State to the
Congress of the United States, by death, resignation, or refusal to act,
during the recess of the Legislatuie, that it shall and maybe lawful for ihc
Governor and Commander-in-chief for tlie time being, by and with the ad-
vice and consent of the honorable the I'rivy Council, lo apjioiiit and com-
mission, in manner aforesaid, any such fit and piopcr |i<-rsoii and persons
as they may think expedient, to sit and represent this Slate for the residue
of the term not completed by such person dying, declining or refusing to
represent this Stale in Congress, as aforesaid.
In tlic Semite Ilouse, the twcnty-KOvcnlh diiv of .Mnreh, in the yenr of our Lord one ihouKinul
seven hun<trod iinrl ciphty-aeven, nnd in the eU-vrnlli yenr o( the Independenee of the
United Stiitert ai Aineriea.
JOHN LLOYD. Presid^mt tif the Senate.
JOHN J. PRINGLE, Speaker of the Home of nepresentalnex.
filled.
No. l.'iOU. AN .\CT to incorj)orule the \'estry ami ChuiihwaiiU'ii-- of the Epi
copal Chuich of the Parish of Cluisl Chuicli.
(Passed March 21, I7S7. S,c lust enliime.)
OF SOUTH CAROLINA. 19
AN ORDINANCE for repealing; part of an Ordinance passed the 26tli No. 1364.
day of March, in the year of our Lord one thousand seven hundred
and eighty-four, in relation to Port Royal Causeway.
(Passed March Zl, 1787. See last volume.)
AN ORDINANCE to enable the Court of Georgetown District to No. 1365.
procure a Jury for the next Sessions ; and for providing a new
Jury List.
(Passed March 27, 1787. See last vvlume.)
AN ACT for repealing such Acls of Assembly as regulate and restrict the No. 1366.
erection of houses below the Curtain Line, on the Bay of Charleston ;
to widen the Bay Street ; and to permit houses, of any size, to be
erected to the eastward of the same.
(Passed March 27, 1787. See last volume.)
AN ACT FOR RESTORING UNTO MrS. MaRGARET OrDE SUCH PART OF No. 1367.
HEK Estate as has been confiscatkd by an Act entitled " An Act
for disposing of certain Estates and banishing certain Persons therein
named" passed at Jacksonburgh, the twenty-sixth day of Febru-
ary, ONE thousand seven HUNDRED A.%D EIGHTY-TWO.
WHEREAS, Mrs. Margaret Orde, formerly Margaret Stevens, a native
of this State, and wife of .John Orde, formerly a captain in his Britannic
Majesty's Navy, hut now Governor of the Island of Dominique, hath
petitioned the Legislature of this State that such part of her estate as '^'"^" ^'
became vested in the said John Orde, by virtue of his intermarriage with
her, and which was confiscated by an Act entitled " An Act for disposing
of certain estates and banishing certa.iu persons therein named," passed
the twenty-sixth day of February, one thousand seven hundred and eighty-
two, be restored to her ; and whereas, her petition, from a full investiga-
tion of the circumstances attending her case, appears to he reasonable ;
I. Be it therefore enacted, by the honorable the Senate and House of Re-
presentatives, now met and sitting in General Assembly, and by the author- T|'"'j^^""''o'j
ity of the same. That all the estate, both real and personal, which belonged restored to her.
unto the said Mrs. Margaret Orde, previous to her intermarriage with
the said John Orde, be, and is hereby, restored unto the said Mrs. Margaret
20
STATUTES AT LARGE
OrJe, her heirs, executors, adruinisiratore and assigns, absolutely, for ever.
tor her sole and separate use and disposal, and free from the interference
or intermeddling of her said husband ; and that the said Margaret Orde
shall have a right to give, grant, sell, beijuealli or devise the same, as she
may think proper, notwithstanding her coverture. Provided always, th it
this act of restoration shall not extend to any property actually sold by the
commissioners of confiscation, or to any negroes given as bounty to the
military.
In ihc Pcnsle House, thct»cnly-sr
."iund Sfvcn hunilrtd mid eighty
the I'niled Stales of Aiiierira.
ciith day of Marcli, in the year of our Lord one thou-
seven, and in the eleventh year of the Independence of
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Representatives.
Onicers sala-
ries.
No. 1368. AN ACT for regulating an'u fcxing the Salariks of several Offi-
cers ; AND FOR OTHER PURPOSES TUKREIN MENTIOXED.
WHEREAS, by reason of the large debt incurred by the Revolution,
Preamble ^^''^ ''"^ consequent great distress of the State, it behooves every gooti citi-
zen to step forward in the duty required of him by his country on tenns
less buithensomc to the public than heretofore ;
L Be it therefore enacted, by the houor;:ble the Senate and House of
Representatives, in General Assi'Uibly met, and by the authority of the
same. That every officer hereinafter recited, elected or to be elected,
shall, for the performance of the duties of his office, receive a certain sal-
ary, tliat is to say :
The Governor of the State, nine bundled jiouiids per annum.
Associate judges, five hundred pounds ])er aiuium each.
Attorney General, two hundred pounds per aniium.
Delegates to Congress, six hundred pounds each, to bo paid at the scat
of Congress.
Private secretary to his Excellency the Governor, who shall also be
clerk of the Privy Council, one hundred and fifty ]iounds.
Auditor of ])ul)iic accounts, three hundred ami seventy-three pounds
six shillinns ami eisjiit jienre, for one year; provided that the said audilm
shall brin<; up his books, and have them ready for the inspection of the
Legislature at their next meeting.
Commissioners of the treasury, five hundred and seventy-one pounds
eight shillintrs and einht pence.
Clerk of tl)e Senate, two hundred and eighty-seven pounds ])er annum.
Clerk of the House of Representatives, two hundred and eiclity-seven
pounds per aimum.
Two messengers, one for the Senate, and the other for the House of
Representatives, seventy pounds each per annum.
Two doorkeepers, fifty poumis each per annum.
Powder inspector ami arsenal keeper, one hundred pounds per annum.
Collector of the customs for the ptut of Ciiarlestun, five hundred pounds
per annunL
Collector of the customs for the port of Georgetown, one hundred
pounds per annum.
OF SOUTH CAROLINA. 21
Cullector of the customs for the port of Beaufort, one hundred j)ounds A. D. 1787.
per annum.
Two waiters of the customs for the port of Charleston, one hundred
pounds each per aimum.
Waiter of the customs for the port of Georgetown, thirty pounds per
annum.
Waiter of the customs for the port of Beaufort, twenty pounds per
annum.
Searcher of the customs for the port of Charleston, one hundred and
fifty pounds per annum.
Which said salaries the commissioners of the treasury are hereby au- -p^ |,p ■ i^j
thorized and required to pay to each officer so recited, in quarterly pay- qumierly.
ments, any law, custom, or usage, to the contrary notwithstanding.
II. And be it further enacted by the authority aforesaid, That no officer
of the Senate and the House of Representaves, shall hereafter tafce or re- N" officer of
ceive, directly or indirectly, any fee oi' perquisite whatsoever, except by receive anv
order of the Hou.se to which he respectively belongs ; any usage or custom fee, &c.
to the contrary notwithstanding.
III. And he it further enacted by the autliority aforesaid, That no officer officers not to
heretofore elected, or hereafter to be elected, to any pecuniary office in li"''' any other
tliis State, above one hundred and fifty pounds, shall hold any other office ment.
of emolument under this or the United States.
IV. And be it enacted by the authority aforesaid, That all Acts or Acts and
clause or clauses of Acts, where the salaries of any of the aforesaid clauses of acts
officers are fixed, so much of the said Act, clause, or clauses of Acts as '^"P*"'
relates thereto, is hereby repealed.
In the Senate House, the twenty-seventh day of March, in the year of our Lord one thou-
sand seven hundred and eighty-seven, and in the eleventh year of the Independence
of the United States of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Rej)resentatives.
AN ACT FOR ESTABLISHING A MaRKET IN THE ToWN OF GEORGETOWN; JJo 1369.
AND FOR EMPOWERING THE COMMISSIONERS THEREIN NAMED TO SELL
.AND DISPOSE OP A LOT OF LaND IN THE SAID ToWN; AND FOR APPOINT-
I.\G AND AUTHORrZING COMMISSIONERS FOR THE ToWN .\ND MaRKUTS
OP CaMDEN; and for other purposes TUERKIN MENTIONED.
WHEREAS, the place allotted and set apart in the original plan of
the town of Georgetown, for a market place, is at too great a distance from Preamble,
the settled part of the said town to be made use of by the inhabitants
thereof for the said purpose;
I. Be it therefore enacted by the honorable the Senate and House of
Representatives, in General Assembly met, and by the authority of the Location of the
same, That the public market place in the said town shall hereafter be market house.
and continue in the centre of Front or Bay street, at the end of Broad
street ; and the said place shall be held, deemed, and taken to be the
market for selling and exposing to sale all sorts of wholesome meats, pro-
visions, and other necessaries, and for the resort of all or any of the in-
82 STATUTES AT LARGE
A.n. I,R7. Iiahitaiits ol" this State for buying any of the provisions sold or exposed to
^"^"^^"^"^ sale tiieieiii ; and if any person or persons, usually following the trade or
occupation of a butcher, shall expose to sale any butcher's meat in any
other place in the said town, or withiu cjne mile thereof, than in the siiid
market, every such person so otfeudiii^, and being thereof convicted be-
fore the commissioners hereinafter directed to be chosen, or any three of
them, on the oath or solemn affirmation of one or more persons, shall for-
feit the meat so exposed to sale, and the sum of five pounds for every such
offence ; one moiety thereof to the Use of the poor of the parish of Prince
George, the otiier to the informer; to be recovered by warrant under the
hands and seals of any three of the said commissioners, and levied by dis-
tress and sale of the ofl'ender's goods.
IT. And he it further enacted by the authority aforesaid. That if any per-
Unwliolesoine ^on or persons shall expose or oiler to sale in the said market, any poor
moats to carrion, blown, puH'ed up or unwhulesome meats, the said commissioners,
be destroyed, or a majority of tiieni, on complaint thereof made, and such complaint
appearing to them to be true, are hereby empowered to cause the same to
be taken away and burnt, or otherwise destroyed.
III. And he it furlinr enaited by the authority aforesaid. That if any negro
Negroes not al- or other slave shall sell or expose to sale in the said luwn any rice, com,
lowed 10 sell poultry, or other jimvisions, (fresh fish excepted,) without a ticket from his
or her respective master or mistress, overseer, or em]iloyer, particularly
enumerating the articles so exposed to sale, it shall be lawful for any
white person to seize such articles, and to apprehend and bring stub slave
before the said commissioners or any three of them, who are hereby re-
quired and empowered to condemn all such at tides which shall not be
specified in the said ticket, as forfeited to the use of such person seizing
the same.
IV. And be it further enacted by the autliority aforesaid. That the said
Comraissioners commissioners, or a majority of them, be emjiowered to contract with any
buiidhig'a"'"^ person or ]iersotis for the building a'niarket house with convenient stalls,
markctbouse. on the place allotted for the market as aforesaid, and to receive subscriji-
tions for carrying the same into effect ; and also to let to hire the several
stalls to be built in tiie said market, at such rates as they shall think rea-
sonable ; and the moneys arising therefrom to apply in the first place to-
wards liie payment of the suras of money to be subscribed ns afiiresaid,
and the remainder thereof (after deducting the necessary ex]>enditures in
repairing and keeping clean the said market) to be applied towards defray-
ing the expenses of keeping clean the streets of the said town, as is here-
inafter directed.
V. And be it further enacted by the authority aforesaid. That all weights
Wriehis anil and mea-sures to be used in the said market shall be of brass or iron, and
ofbnissoriron ^^ made agreeable to the standards thereof, as fixed in Charleston, and if
any person whatsoever .shall presume to sell in the said market any com-
modities by any weight or measure under the said standards, or by false
scales and beams, the person oi persons so oiren<ling shall forfeit the sum
of five pounds for the first od'ence, and ten jionnds for every like oflence
afterwards ; the one-half thereof to be applied towards keeping clean the
stieetsas aforesaid, the other to the informer; to be recovered by the said
commissioners as before directed.
VI. And he it further enacted by the nuthority aforesaid. That the said
Commiitnionern commissioners, or a majority of them, shall also have full power and au-
to eontmci for thority to atrree with ativ i)erson or nelsons to keeii the streets and other
cleanine Btreela , ,. " /. , • i , , ■ • i ii n i
public parts of the said town clean and in repair, and to remove all tilth
and public nuisances therefrom.
OF SOUTH CAROLINA. 23
VII. And be it further enacted by the authority aforesaid, That if any A. D. 1737.
person shall lay any timber, brick, dirt, or any other obstruction or annoy- ^-^"'^'"^^^
ance whatsoever, in the said streets or other public places, so as to obstruct Penaltv onper-
tlie passane of any persons or carriasires thtouifh the same, and shall con- '^""^ •>"""■'"?
',= n \ 1 1 -11 c ■ • obstiuetious to
tmue the same tor thiee hours therein, without the consent ot a majority lenmin iuihe
of the said commissioners, then the commissioners, or any two of them, streets,
may, by order under their hands, direct the person so laying, or ordering
such annoyances to be laid, in the said streets or other public places, to
remove the same within three hours after such order ; and in case such
person shall refuse or neglect so to do, then the said commissioners, or a
majority of them, are hereby empowered to have the same removed, and
to assess the person or persons so laying such annoyance, for the charges
of removing the same, who shall also forfeit the sum of two pounds for
every day he, she, or they shall suifer such annoyance to be and remain in
any of the said streets or public places, after such order given for remov-
ing the same ; the said expenses and penalty to be recovered by the said
commissioners as before directed, and to be applied towards defraying the
expenses of keeping clean the said streets as aforesaid.
VIII. And whereas, the trustees named in the grant of the said town by
John Cleland and others, are long since dead, and their representatives ''""'^'■''•''^ •1"'
now reside at so great a distance from the same as to be unable to exer- j,, thecommis-
cise the powers and authorities given and reserved to them by the said sioners.
grant; Be it therefore enacted by the authority aforesaid. That all and sin-
gular the said powers and authorities are hereby divested out of the said
trustees, and the same (except such as are herein altered) shall hereafter be
vested in the said commissioners, and their successors, in as full and ample
a manner as they were before vested in the said trustees.
IX. And be it further enacted by the authority aforesaid. That on the
first Monday in May next, and on every first Monday in April thei-eafter. Inhabitants to
between the hours of nine in the morning and four in the afternoon, the JJj]"°?j^ijg°""
taxable inhabitants of the said town shall clioose by ballot five commission- clerk, &c.
ers for carrying this Act into execution ; and shall also choose a clerk of
the market, who shall have the same powers as are usually exercised by
the clerk of the market of the city of Charleston ; and the churchwardens
for the time being of the said parish of Prince George, are hereby author-
ized and required to conduct the said election, they giving two weeks
public notice thereof previous to the same ; and in case any person so
chosen as commissioner, shall refuse to act, or neglect doing his duty as
aforesaid, every such person shall forfeit the sum of five pounds, to be re-
covered by summary proof, on proof of such refusal or neglect before one
of the judges at the circuit court of the district of Georgetown; and the
money so recovered shall be paid to the acting commissioners, to be applied
towards defraying the expenses of keeping the said market in lepair, or
keeping clean the streets and other public places of the said town : pro-
vided that no person shall be compelled to act as a commissioner for more
than one year, in any term of three years.
X. And be it farther enacted by the authority aforesaid. That if any person
or persons shall oppose, obstruct, or insult the said commissioners, or anv'''""*!'^°r'""''
i> : 1 • ^1 ^ ' r» ^1 ■ 1 ■ 1 ■ 7 sons insultinff
Ot them. 111 the execution oi their or his duties, such person or persons so conmiissioners.
offending shall forfeit the sum of ten pounds, to be recovered on oath be-
fore any one of the justices of the peace for the district of Georgetown,
to be applied as is herein last directed.
XL And. be it further enacted by the authority aforesaid, That in case
the said commissioners, clerk of the market, or other person whatsoever, '^a"'^^''' 'f'^j
shall be sued for any matter, cause, or thing, by them or any of them done ed.
24
STATUTES AT LARGE
Coiiiinis^iuncrs
uppoinled to
keep in order
the streets of
Camden.
Coroniissioners
empowered to
sell the iiiitrkci
lot in Georgt;-
town.
in pursuance of the directions of this Act, it shall and may be lawful for
them to ])lead the general issue, and give this Act and the special matter
in oviileuce.
XI I. Arid he it further enacted by the authority aforesaid. That five
comraissioucrs be appointed for repairing, cleaning, and kee])ino in order
the streets of the town or village of Camden, and for regulating the market
of the said town or village, and that they be elected at Camden in the
same manner, and that ihcy be invested willi all the powers anil aulhorilies
bv this Act above specified and given to the commissioners for the town
and market of Georgetown ; and as much of the last enacting clause of an
Ordinance entitled " An Ordinance to prohibit the keeping or raising hogs
at large in the towns of Beaufort and Georsjetown. and for other purposes
therein mentioned," relative lo the town of Camden, as may be inconsist-
ent with this clause, be, and tiie same is liereby, repealed.
XIII. And he it farther enacted by the autliorily aforesaid, Tliat the com-
missioners herein appointed be, and they are hereby, fully authorized and
empowered to sell or dispose of, in such way and manner as they may
think ])n)pcr, the lot of land laid off' in the jdan of the said town of George-
town for a market place, and lo make good and sufficient titles to the pur-
chaser or purchasers thereof, and .shall apply the moneys arising from the
sales thereof, towards building the market house; and that the said com-
missioners have full power and authority to fi.v and establish the rates of
wharfage and storage in said town.
In the Senate House, the twenty-seventh doy of March, Anno Domini one thousand seven
hundred and eie;hl.v-sevcn, and in the eleventh year of the Independence of the
United Stales of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Representatives.
No. 1.370. AN ACT FOR RAISING .SUPI'LMCS FOU Till: VFAR OXF, TIlOUS.i.VD SF.VEN
HUNDIIED .\ND KlGHTY-Sr.VKN.
Rate of taxa-
tion on lands
\\ lllCli['].\S, we, the representatives of the free and independent Slate
of South Carolina, in General Assembly met, have thouirht it expedient
and necessary that a tax, for the sums ami in manner herein mentioned,
should be assessed, raised, and paid into the public treasury of this Stale
for the use and service thereof;
I. Be it therefore enacted, by the honorable the Senate and the House
of Representatives of the Stale of South Carolina, now met and silling
in General Assembly, and by the authority of the same. That the sum of
one per centum ad valorem, sliall he, and is hereby, imposed on all lands
granted within this Slate, and in the mamier and under the several reyula-
tions lieieinaftirr set forth an<l expressed, that is lo say : 1. All tide swamji
not generally atfected by the salts or freshes, of the fust (|uality. shall stand
rated at six pounds per acre; of the second quality, four pounds ])er acre;
of the lliird ipialily, two pounds per aire; all pine barren lands iidjoining
such swamps, or contiguous tlic'reto. with respect to the benefit i>f water
carriage, at ten shillings per acre ; all prime inland swamp, cultivated and
uncultivated, at an average of three pounds per acre ; second quality.
OF SOUTH CAROLINA. SI
ditto, two pounds per acre ; third quality, ditto, one pound per acre : pine •*•"■ '""' •
barren lands, adjoining or contiguous thereto, at five shillings per acre. ~^-*''~'^"'^-'
2. Saltmarsh or inland swamp, clearly proved to the assessors to be incapable
of immediate cultivation, five shillings per acre; high river swamp, or low
grounds, cultivated and uncultivated, including such as are commonly called
second low ground, lying above the flowing of the tides, and as high up
the country as Snow Hill, on Savannah river, the fork of Broad and Saluda
fivers, on the Congarees, Graves's Ford on the Wateree, and the boundary
line on Pedee ; the first quality at three pounds per acre ; the second
quality at two pounds per acre; the third quality one pound per acre ;
except such as lie so low as to be clearly proved to the assessors to be in-
capable of immediate cultivation, which shall be assessed at five shillings
per acre. 3. All high river swamp, or low grounds, lying above Snow Hdl,
the fork of Broad and Saluda rivers, Graves's Ford, and the old Indian
boundary line, fifteen slnllings per acre. 4. All high lands without the limits
of St. Philip's and St. Michael's parishes, on John's island, James island,
and on the main, within twenty miles of Charleston, at one pound per acre,
o. All lands on the Sea islands, Slann's island included, or lying on or con-
tiguous to the seashore, usually, cultivated, or capable of cultivation in
corn or indigo, and not within the limits prescribed in class number four,
one pound per acre. 5. All oak and hickory high lands lying below
Snow Hill, the fork of Broad and Saluda rivers, Graves's Ford, or the
boundary line on Pedee, and not included in the limits or description of
the two precedmg classes, numbers four and five, at fifteen shillings per
acre. 7. All pine barren lands not included in classes number one, four,
and five, to be assessed at one shilling per acre. S. All oak and hickory
high lands lying above Snow Hill,' the fork of Broad and Saluda rivers,
and Graves's Ford, the first quality, ten shillings per acre ; the second
quality, five shillings per acre ; the third quality, two shillings per acre.
9. All oak and hickory lands above the old Indian boundary line, the first
quality, six shillings per acre ; the second quality, three shillings per acre ;
the third quality, one shilling per aci-e. That all lands within the parishe?<
of St. Philip and St. Michael, shall be assessed in the same manner and
upon the same principles as houses and lots in Charleston, and in a rela-
tive proportion to the lands in the country.
II. And he it further enacted by the authority aforesaid. That the sum of
nine shillings and four pence shall be levied on all negroes and other 'j^'" "f t*^"»g
slaves whatsoever, within the limits of the State, and the sum of one per
cent, on every hundred pounds value of every lot, wharf, or other lands,
and on all buildings within the limits of any town, village, or borough, in
this State ; and the sum of nine shillings and four pence upon each wheel
of every carriage, except wagons, carts, and drays ; and the sum of nine
shillings and four pence upon all free negroes, mulattoes, and mustazoes,
from sixteen to fifty years of age ; and ten shillings per head on all free
white men, neither lame or otherwise disabled, from twenty-one to fifty
years of age. Who pay no other part of the taxes imposed by this Act ; and
the sum of one per cent, on every hundred pounds of every person's
stock in trade, of persons in trade, shopkeepers and others ; and the like
sum of one per cent, on the profits of faculties and professions, (clergy-
men, schoolmasters and schoolmistresses excepted,) and factorage employ-
ments throughout this State — lobe ascertained and rated by the several ''""""'j,
assessors and collectors hereinafter named, according to the best of their
knowledge and information ; three-fourths whereof to be paid in special
indents, specie, or the paper medium of this State.
III. And be it further enacted by the authority aforesaid. That to facili-
VOL. v.— 4.
2fi STATUTES AT LARGE
A.l). l~«T. late the payment of taxes hereby imposed, immediately after the passmg
^~^~^r^*-^ of this Act", special indents to tlie amount of one year's interest, be emit-
Special in.lcnu ted in the wolds f..llowinc : " Pursuant' to the Act for raisinc supplies for
to be emiued. t|,p yp^r (1787) one thousand seven hundred and eiclity-^evcn. this special
indent of shall be receive.! in payment of ta.\cs lor the years 1784,
1785, 1786, and 1787, indiscriminately.' Which special indents shall be of
the followini' denominations, viz.
,,000 - - - £20 - - - .£-i0.000
2,000
10 - - - 20.000
2,000 - - - 6 • ■ ■ 12.0U0
1,000 - - - .0 - - - i.t'OO
1,000
2,000
;j . - - 3,000
1 - . - 2,000
2,000 - - - Ifs- ■ - I'OO^
3,500
1,000
87o
.,„„>. 2 Gd. - - - 12o
And be printed in the presence and under the directions of Peter Bacot,
William Roper, and Edward Trescot, and with such devices as they, or
any two of ihem, shall direct, and be countersipncd by one of the commis-
sioners of the treasury, and delivered to the holders of indents, their apents,
or attorneys, to the amount of one year's interest on the piincipal of each
and every'indent, any time after their said interest shall become due; and
on the payment of these special indents, a receipt shall be endorsed on the
principal" indents respectively, for one year's interest due thereon; and
these special indents shall be issued from the treasury on no other occasion
than on the application of holders of indents as aforesaid, and after being
issued to the holders of indents they shall be received by the collectors
and treasurers in jiayment of taxes for the years 1787, 1781'., 1785, and
178 1, indiscriminatelv ; and after they are paid into the treasury, they
•1 never shall be re-issut-d, but be crosse.l wilh a pen by the Ireasurers, and
into Hie Ufa- [Wed : provided, that no special indent .-^hall be issued to any person or his
eurvnunobe ,„d,.r, who shall be indebted to this SlJite on indent, and which debt, or
re-is3-ucd. ^^^ 'terest thereon, shall be due at the time of such ;-pplicalion ft.r such
speci.il indent, unlil the peis(m or his agent shall have discharged such
dehl or deinauil so due lo tins State.
IV Anil he it further eniirted by the authority aforesaid, That the spe-
Di»p.ml of cial in.lents ft.r the vears 1781. 1785, 1786, and 1787, be indiscriminately
cciuiniudcnts. ^.^Pi^j^.p^j j,j p„yfn,.„"t ,,f ihe taNes imposed by this Act or the Acts impos-
ing taxes forth'e vears 17S1, 1785, and 1786.
V. And hr it 'furthrr rmulcii by the aulhorily aftiresaid, 1 hat the mo-
neys now .liie, or which shall become due for duties c.n neunies, iroods,
ware^ au<l merchandises, »iilere<l at the treasury before the first day of
Approprmuon. j^^^^^^'^^ ,,j_^. ,|„„„„„.) seven hundred and eighty-eitrhl, are hereby api.ro-
prialed", first, to the pavtnent of the ci\il list ; secondly, to the payment of
the whole of the interest of llie ft.reiini debt ; and thirdly, to the contin-
gent expenses of ihe (lovcrmncnt of this State.
VI. .And whereas, the honorable Conffress of the United Slates did, on
the ihirtielh day of October, .me lli.iusand seven hundred and eiehly-ono,
,,,'T' on'u." and on the twentvsev.-nlh au.l tw.-nly-eii-litli .lay .)f April, one thousand
SiatabyCon ^^wu hundred aii.l eiLditv-four, ap|.orlion ami maki- a reipiisition ..f one
^''""' hundre.l and eiqhtv-six llioiisaii.l sev en liun.lred and niniMy-niue ilollars ;
and als.. on the tiventy-.ev.iilli .lay of S.ptember, one thousand seven
hundred and eishly-fivj, .me .>llier r'.-<|uisiii.m of one humlred an.l ninety-
two thousand Ihrje hondred an.l sixty-six dollars; an.l lik. wi.e cm the
second day of August, one thousand sev.n hun.lred and eighly-six, a far-
ther requisition of one hundred and ihirty-nine thousand and seventeen
OF SOUTH CAROLINA. 27
dollars, payable in specie; and whereas, tlie treasurers of the United A.D. 17K7.
States, have given credit to this State tor one hundred and eighty-six thou- ^-^''^'"^-^
sand seven hundred and ninety-nine dollars, as payment of the iirst requi-
sition aforesaid; and also of one hundred and ninety- two thousand three
hundred and sixty-six, as payment for the aforesaid second re(]uisition ; and
likewise of sixty-four thousand and seventy-nine thirty-eight ninetieths as
a partial payment upon the aforesaid third requisition ; leaving a balance
of seventy-four thousand nine hundred and thirty-seven fifty-two ninetieths
unsatisfied; and whereas, the State of South C!arolina did, in the year one
thousand seven hundred and eighty-fi)ur, pay, by her treasurers, to the re-
ceiver of continental taxes, seventy-two thousand two hundred and twelve
thirty-eight ninetieths in specie, as part of one hundred and twenty thou-
sand, being the apportionment of this State of the two millions requisition
of October the sixteenth, one thousand seven hundred and eighty-two;
and whereas, the Congress of the United States have discharged the re-
quisition of the two millions of dollars, and the treasurers of the United
States have placed the aforesaid payment in specie against the specific i-e-
qnisition of Congress, of twenty-fifth day of February, one thousand seven
hundred and eighty, but it is just and reasonable that this State, having
actually paid the aforesaid seventy-two thousand two hundred and twelve
thirty-eight ninetieths in specie, should have credit for the same against the
specie requisitions of Congress, and that the same should not be carried
to their credit against the specific requisition aforesaid ; and whereas, by
the statement aforesaid of the payments of sixty-four thousand and sev-
enty-nine thiity-eight ninetieths, and seventy-two thousand two hundred
and twelve and thirty-eight ninetieths, and also two thousand one hun-
dred and forty-two and seventy-seven ninetieths dollars, advanced Ben-
jamin Hawkins, Esquire, the continental commissioner of Indian affairs at
the special requisition of the honorable the Congress, there appears a bal-
ance of five hundred and eighty-two and sixty-five ninetieths dollars, due to
the United States upon the third requision aforesaid ; Be it therefore enacted
by the authority aforesaid. That the treasurers of this State do pay to the
continental receiver of taxes in this State, or to any other person duly
appointed or authorized by Congress to receive the same, the aforesaid
balance of five hundred and eighty-two and sixty-five ninetieths, out of
any moneys which shall come into the treasury of this State for the taxes
imposed by this or any former tax Act, in specie or the paper medium
aforesaid; any law to the contrary notwithstanding.
VII. And whereas, the honorable the Congress of the United States
did, on the twenty-first day of October, one thousand seven hundred and Requisition to
eighty-six, make a requisition of thirty-three thousand nine hundred and I'^JH' '" °°'
seventy-three dollars, payable in specie by this State, for the purpose of
raising and paying certain troops which they were engaging in their ser-
vice ; Be it farther enacted by the authority aforesaid, That the tieasurers
of this State do pay to the continental receiver of taxes in this State, or to
any other ]ierson duly appointed or authorized by Congress to receive the
same, the amount of the aforesaid requisition of thirty-three thousand nine
hundred and seventy-three dollars, out of any moneys which shall come
into the treasury of this State for the taxes imposed by this or any former
tax Act, in specie or the paper medium aforesaid, any law to the contrary
notwithstanding : provided nevertheless, that if the honorable the Con-
gress of the United States should discharge the aforesaid requisition of
thirty-three thousand seven hundred and ninety-three dollars, the moneys
so paid shall be carried to the credit of this State for any future specie re-
quisitions which may hereafter be made upon this State by the Con-
gress of the United States.
28 STATUTES AT LARUE
A.I), l.b,. VIII. Be it further enacted, by tlie authority aforesai)], That whosovcr
^"^''"^^"'^^ f\yA\ aher, erase, or countcrl'eit any of the .':])ecial indents to be cinilletl as
D.-Bth 10 couii- aforesaid, or shall pass, or ofler to psu-is any of them, knowing them to be
altered, erased, or coiiiiterfciled, shall, on eoiivictioii thereof, suffer death
without benefit of eleryv.
IX. Ami be it further enacted by the authority aforesaid. That the seveial
persons hereafter named, shall be inquirers, assessors, and rollectois for
Inaiiirers and the several parishes and distiicis hereinafter luentioned, viz. for the parish
appdmed. "*" ^'^"*' <^'"""tli. •'^"•'n -^"tclifle, (ieorge Barksdale, and Jacob Bond I'oii ;
for the parish of St. James, Goose Creek, Henry Gray, Riciiard Wayne,
and Peter Gray; for the parish of St. John's, Berkley county, Keating
Simons, Theodore fiourdine, and Gideon Kirke ; for the ))arish of St.
George, Dorchester, Morton Wanu", John Jorr. and P^lisha Hall : for the
parish of St. Thomas and St. I)enr)is, Thomas Kauoon, and Stej>hen Fo-
gartie ; for the parish of St. Andrew, (Jaines island excc]>ted,) Abraham
Ladson, Richard Scott ; for that part of the parish called James island,
Benjamin Stone, Robert Rivers ; for the parish of St. John, Colleton, viz.
for John's island, John Holmes, junioi- ; for ^\"admelaw, .loseph Stan-
yarnes ; for Edislo island, Isaac Jenkins ; for the parish of St. Paul, that
is to say, for the south side of Cacaw swamp, as far as Colonel Skirving's,
and along the main road to Jacksonboroush, Pon Pon, W'iltown, and To-
godo, Joseph Edmgs, junior ; and for the north side of the Swamp. Beech
Hdl, and Horse Savannah, in the said parish. Robert .Miles: forllie parish
of St. Bartholomew, .Fohn Logan, Thomas Ford, and Jo^ejih (ilover; for
the U])per district of St Bartholomew, viz. the northwest of Black creek
and the main waters of the gieat swamp, directly across to Pon Pon river,
Thomas Miller, Josejih Slepln'iis, and .Adam I'lmer ; fiir the Cambahee,
and Chehaws, in said paiish, S;iniuel l]llioti, ^\'illiam l'ari.;Mi'n, and Jo-
seph .Morreson ; for the jiarish of St. .lames, S.inlee. Isaac Diibose, and
John Wells; for the parish of St. Stephen, Peter Gaiilard, and John
Peyre ; for the parisli of Prince George, Winyaw, Robert Donnom, Hugh
Giles, John Tainphitl, James Coachman, Thomas l)uid)ar, and Thomas
Boone; for the parish of .All Saints. David tiraham, and Daniel Morral ;
for the parish of St. David, Robert Ellison, Alexander Craig, and Josiah
Evans; for the parish of Pnnce Frederick, Abraham Peret, John James,
junior, and Thoma."* Potts.
X. \V'herc;!s, doubts have arisen to what parish or district the inhabit-
Inquircrii for jj„(j. rpsidinir between the old and n«.-w lines of ('liarlcstun and Orange-
tl>p rli9irict lie- , ,,..,, *-,.#. Ill 1 ,' -»
tHccn Ort jge- hurgh districts belong; licit thervjorc cnnctcd by tlie authoiiiy aforesaid,
hnrgh and That the inhabitants residing between the old and new lines of Charles-
ar es on. ^^^ _^^^^ Oratigeburgh districts, shall be considered as belonginir to the par-
ish of St. .M'llthew; nn<i the iiii|iiiiers, assessors and collectors, of the
parish of St. Matthew, an- hereby re<Hiireil and authorized to <1emand and
recover the taxes from the inliabilaiits residiiin in the limits afiuesaid, im-
posed by this law and also all arrears of taxes that nuiy be flue from them
for the years one thousand seven humlred and eiu;hly-three. and ono
thousand seven hundred •itii) ei<;hty-foiir. Inu the parish of Saint Mat-
thew, John Linton, .lames < 'arinichael. and Daniel Kelley; for llie
parish of Orange, Samuel Rowe, and David Rum|>h ; lor the jiarish of
Saint Helena, Port l?oyal, Charles Givens, Daviii Adams, and Jacob
Gueiaril ; for the parish of .Saint Peter, Purisburt;h, .lohn Chisolm, C'or-
neliiis DuponI ; for the pari.sh of Piiui'e W'illiani. John Liu'htwood, and
Stephen De Voaux ; for the <lisiricl to the ea-twaril <if the Watiree, Wil-
liam McConico, George Cooper, William \\ ritjlit, .lames Davis, .laiiipg
Remberl, Benjamin Carter, William Ma.-i.sey, Benjamin Hale; fm the dis-
trict of Ninety-.Six, Patrick Calhoun, George Whitfiehl, Alexander Elliot,
OF SOUTH CAROLINA. 29
Chailes Davenport, Atlam Grain Jones, William Anderson, John Gray, A.l). 17W.
John Martin, and John Wilson ; for the district of Saxe Gotha, Jonas ^-^'"V'^^
Beard, John James Hais;, and Joseph Culpeper : for the district between
Broad and Saluda rivers, in three divisions, viz. the lower district. Major
John Hamton, John Means, Philemon Waters, John Fulmar ; Little River
district, William Huuter, John Odle, Daniel Dyson, Robert Maxfield,
Charles Smith ; Upper district, Thomas Blasinghame, Adam Potter, Tho-
mas MacDonald, James Jordan, William Benson, Samuel Lancaster, Jo-
seph Whitner, John Ford, John Hunt ; for the district between Broad
and Catawba rivers, William Daniel, John Robertson, James Thomas,
Tlioinas Shannon, John Herbert, Kempe Tollii'ario Shother, Willis Whit-
acre, Andrew Ellison, John Hopkins, William Goodwyn, Thomas Hutch-
inson, Isaac Love, Reuben Starkes, John Wynn, junior, Micajah Pickett,
John Mills, junior, James Pedon, Benjamin Love, John Pratt, Thomas
Leweis; for the district called the New Acquisition, William Moore, Ed-
ward Byers, Hervey Craig ; for the district between Savannah and North
fork of Edisto, William Holmes, Joseph Harley, Daniel Greene, William
Davis, and James Fair.
XL A/id he it further enacted by the authority aforesaid, That Peter inqujrers.&c
Bacot, William Roper and Edward Trescot be, and they are hereby, ap- for ^'r Phil'P i,
pointed enquirers, assessors and collectors for the parishes of St. Philip '"'"^''
and St. Michael, Charleston.
XIL And be it fartli_er enacted by the authority aforesaid, That every
assessor and collector of the several taxes imposed by this Act shall, be- '^''''' "f "^^^s-
fore he enters on the execution of his said office, before some one of the lectors,
judges of this State, or some one justice of the peace, take the following
oath, to wit : "LA B, do solemnly promise and swear that 1 will, to the
best of ray knowledge, skill and judgment, ascertain the several qualities
of the lands lying and being within the where I am appointed asses-
sor, and where no return of the qualities or the same shall have been
made ; and that I will not, for any fee or reward, favor, partiality, self-
interest, malice or hatred, in favor of or against any person or peisons what-
soever, assign any other quality to such lands, than in t^uth and good con-
science tiiey shall appear to me to deserve ; and that I will impartially assess
all other property and professions by this Act directed to be so assessed,
according to tlie true intent and meaning thereof: So help me God."
And if any assessor shall presume to execute the said office without having
taken the said oath, such assessor .shall forfeit and pay the sum of five
pounds, to be recovered by any person who shall inform and sue for the
same, by action of debt, in the court of common pleas.
XIIL And he it farther enacted by the authority aforesaid. That the innuirere ro
inquirers, assessors and collectors of the parishes of St. Philip and St. g'^e previous
Michael, or any one or more of them, are hereby ordered and directed, J'"'.'^!':"^'!^':''',.
\ c \ c \\ -\ ' c^ 1 1 ' intLniioii locau
on or beiore the tirst iVIonday m September next, to go once to the several on the inhabit-
houses of the inhabitants of the said parishes, of which they shall give pre- ""'" '" ™"''^
vious notice in the Gazette, three weeks before they shall go to the said
houses, and inquire into and take an account of all the real estates, and
particularly in what parts of the said parishes the said lands are situated,
and of the slaves and other taxable property of the said inhabitants, which
they shall be possessed of, interested in or entitled unto, in their own right
or in the right of any other person whatsoever ; and the incjuirers in the
other parishes and disti-icts shall fix on some convenient place to receive
returns, of which they shall give at least three weeks public notice.
X [V. And be it further enacted by the authority aforesaid, Tliat all ''akTretm-n of
persons living within this State who are possessed of any lands, slaves or tlieir property
carriages (waggons, carts and drays excepted — lands whereon churches or °" •""''■
30 STATUTES AT LARGE
A.1)."187. otiier buildings for divine \voi-s)iip or free schools are erected and built,
^•^''^'"^^ and all slaves a|)piiiteii;inl to or goiny: with said churches and lands, and
all monies appropriated fur charitable uses, always excepted,) either in
their own n<;lit or in the risjlit of any other person or pei'sons, who are
liable to jiay any other tax by virtue of this Act, shall return a particular
account tliereof in writing to the inquirers, at such time and place as the
said inquiiers, or any of them, shall appoint for the doina; thereof, so that
the same be done on or before the tirsl ^londay in Dctober, which shall
contain an enumeration of each lot of land, with the dimensions of and im-
provements thereon, and of his lands, with a particular account of the situ-
ation, quantity and quality of the same, and also the number of slaves, and
the number of wheels of every riding carriage belonging to the ])ei-son
making the returns, which shall be attested in the words followint; : " I,
Form of the A B, do swear (or aflirm, as the case may be) that the account which I now
""''• give in is a just and true account of the quantity and quality of the lands,
slaves and riding cariiages, as ai-e directed to be taxed by this Act, which
I am possessed of, interested in or entitled unto, either in my own right or
in the right of any other person or jiersons whatsoever, as guardian, execu-
tor, attorney, agent or trustee, or in any other maimer whatever, accord-
ing to the best of my knowledge and belief; and that 1 will give a just
and true answer, according to the best of my knowledge, to all questions
that may be asked me touchint; the sanie ; and this I declare without
any equivocation or mental reservation whatsoever: So help me (lod."
Which oath or affirmation the several incjuiiers and colleitoi's a[)poiiiled
by this Act, are hereby duly authorised, enjoined and required to adminis-
ter. VV'hich returns shall lie made to the inciuirers and collectors for the
parish or district respectively where the person making the leturn lives
for the greatest part of the year.
XV. A/id lie it jiirt/wr enacted by the authority aforesaid. That where
■D .■ c J- inquirers receive returns of lands without snccilicatiun of the parish or
Katio fixed in .1 . ,. , , ,. <• i i . ■ • i • i v ■ <• i • i_
case of impro- district in whicil they he, or ot Ian<ls lying in the parish or district ot which
per returns. (1,^ person who receives the return is the assessor, and the qualities of
which are unknown to the person making the return, the inquiiers who
receive such returns shall, in both cases, value tlie lands so returned at not
less than one shilling nor more than six pounds per acre, acconliiig to the
best information they can get of the cjuality and situation of the lands su
retumt-d.
XW. And he it further enacted by the authority nHiresaid, That any two
AssessorB lo f*^ ^'•'^ assessors appointed in the parishes of St. I'hilij) and St. Michael
publish ilicir shall be a quorum ; and the said assessoi-s shall complete their calculation
calculauons. j,f jj,g value of estates in the saiil parishes on or before the fii-st day of
November, and wiihin seven days after they shall cause a duplicate there-
of to be posted al the lOxchanue in CliarU'ston for ten days, of which they
shall give pn^vious notice in the (lazelte.
XVII. And be it further entirled by the authority aforesaid. That any per-
Pcnons over- 8on who shall have reason to believe he or she is iiveiialed, or whose attor-
rated nmv ney or attornies shall have rea.-.oii to believe he or she is overrated, by such
RW4>nr (in the "^ i n . .i .• ,» . i- i • i in i . '
overiilus. assessors shall, al the lime ol payment ol his or her tax, he allowed to swear
off so much as he, she or they, or Ins or their attorney or attornies, shall
think they are overrated, before the assessors or collectors as aforesaid ;
and the said assessors and collectors, or any of them, are hereby empow-
ered and required to administer such oath, and shall allow an aVjatcnient
accordingly.
XA'lll. And. he it further enacted by the authority aforesaid, That all
persons whosoever, any ways liable tu jiay lax liy Nirliie of this Act, shall
pay in their taxes to iho several pcrtiuiis hereby appointed to receive the
OF SOUTH CAROLINA. 31
same, on or before the first day of January next ; and the collectors shall ^■^- ^'^'"^■
give a receipt, if required, to the person paying the same, such person "-"'''^^'^^
writing such receij)t. And the said inquirers, assessors and collectors, for Taxes on real
the several parishes respectively within this State, s^hall close their accounts ''^l'^''', u'
with the treasurers on or before the first day of March, one thousand sev- paid.
en hundred and eighty-eight ; and at the closing of their accounts they
shall e.xhibit two lists, one containing all the taxable property returned to
them, annexed to the names of the persons who returned the same, with
the suras paid by them respectively ; a second, all the taxable property
lying and bemg in the parish or district, which has come to their knowl-
edge, and has not been returned ; which lists shall be given to the treasu-
rers, and their accounts closed on oath, in the following words : " 1, A B,
do swear (or affirm, as the case may l.ie) that the accounts I now give in, *-'''•''■
and the lists 1 now return, are just and true, according to the best of my
knowledge, and that I have used all legal means in my power to obtain
payment of the taxes imposed by this Act, in the parish or district in which
I have be'Bn appointed inquirer, assessor or collector." Which oath the
treasurers, or either of them, are hereby empowered and required to .
administer.
XIX. And be it further enacted by the authority aforesaid, That the com-
missioners of the treasury are hereby authorised and required to pay to *^''''""""^® '"
the collectors of the general tax, upon closing their accounts for the tax to
be raised by this Act, viz. for Charleston, two and a half per cent., and all
other collectors five per cent., out of any monies in the treasury, on the
amount of such sums as shall be by them, or any of them, paid into the
public treasury. And the inquirers, assessors and collectors for each
parish and district, shall make their returns of such parish or district re-
spectively to the treasurers at one and the same time ; and the collectors
for each parish or district shall give an account in writing upon oath, as
aforesaid, of their own lands, slaves and other taxable property, after the
manner aforesaid, to the commissioners of the tieasury, and pay the taxes
thereon, according to the rates by this Act appointed.
XX. And be it further enacted by the authority aforesaid. That if any p^^^^jj^, ^^^
person or persons, in giving in or rendering his or her account of taxable concealment,
property, shall wilfully conceal any pait thereof, all such persons shall for-
feit five times the value of the tax of what they have so concealed.
XXI. And be it further enacted by the authority aforesaid. That any
person neglecting or refusing to give in his or her account of the lands ^^ j'^." 'j«'eraed
and slaves or other taxable property, to the inquirers, assessors and collec-
tors aforesaid, respectively, at such time and place as they shall appoint,
agreeable to this Act, or by the first Monday in September for Charleston,
aud the first Monday in October next for all other parts of the State, he
or she shall be deemed a defaulter, and shall be by the inquirers and col-
lectors doubly taxed for all his or her lands or slaves, or other taxable
property, according to the best information the in(|uirers can get of his or
her taxable property.
XXII. And be it further enacted by the authority aforesaid. That in case
any person or persons whosoever shall neglect or refuse to pay in his, her Warrants to be
or their tax, at the days and times hereinbefore mentioned and appointed di^fauUeS'"^'
for the pay.ment thereof, the inquirers and collectors respectively shall im-
mediately hang up for ten days a list of defaulters at the Exchange in
Charleston, and some public place in the respective parishes or districts in
the country : and if the taxes are not paid within these ten days, they shall,
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 to the place where
32 STATUTES AT LARGE
A. D. ir»7. such defaulter lives or resides, requiring him or them to levy the same by
^-^^^'"^^ distress and sale of the defaulter's goods, to be ]>aid in special indents,
specie, or the paper medium, returning the overplus, if any there be, to
the defaulter, upon deducting the reasonable charges. And if no such dis-
tress can be found, and the defaulter shall neglect or refuse to produce
goods or eft'ects whereon the nviuics so assessed may be foithvvilh levied,
then the said constable or constables, by virtue of the said warrant, shall
take the body of such defaulter and convey him to the common gaol in the
district or county where such defaulter resides ; wiiich warrant shall run
in these words, (making the proper alteration) : " Collectors of the
general tax for the parish or district of to constable for the par-
Form of the ish or district of , (or to the sheriff" for district or county, in the
n-urmut. State of South Carolina, or to his lawful deputy :) Whereas h;ith
been duly assessed by us, the subscribers, collectors of the tax for the par-
ish or district of , the sum of , for defraying the charges of the
, which hath neglected to pay ; these are, therefore, in the name
of the Stale, strictly to charge and command you to levy, by distress and
sale of the goods and chattels of the said , the sum of together
with the charms thereof; and in case the said shall refuse or neglect
to produce goods and chattels, sufficient to levy the said distress and the
charges thereon, that then you take tlie body of the said and convey
to the common gaol in the district or county, cominandintj you the
the keeper of the said gaol to detain the body of the said in his cus-
tody until shall jiay the sum of , topethei with the charges of
keeping and detaining as aforesaid ; and for so doinsj this shall be your
sufficient warrant. Given under our hands and seals, this day of ,
Anno Domini ." And the sheriff or other officer to whom such war-
rant shall be directed shall detain such jiei-son in the caol. wilhouf bail or
maiiiprize, until the debt and charges aforesaid shall be satisfied. And the
constable and constables to whom such warrant shall be directed shall take
from such defaulter the following fees iu the execution of their office, to
Fees of consia- be paid in tlie current money of the Stale, viz. for sening every execution
ble8,&%. four shillings and eight pence, and fjr all sums to be levied as afircsaid
five per cent., and no mileaee or any other fee whatever; and ihe asses-
sors and collectors respectively for every such warrant he or they shall
issue, shall also have from such defaulter two shillings and six pence.
XXIII. And be it furlhvr riitirrrd by the authority afnresaiil. That if any
Penalty on taxable person shall neglect to give an account as afiuesaid of his oi her
nmkc'^rctiirn e.state to the said inquirers and collectors, by the time limited in this Act,
or pay tax. or shall omit or neglect to pay his or her own lax, or the tax to be assessed
by virtue of this Act on any person for whom he or she is guartlian, execu-
tor, attorney or trustee, by the time limited, the said collectoi-s resjiectively
where such taxable person lives, are hereby empowered and required
to issue their warrant, in the same manner as above directed ; and in case
the said assessors and collectors .shall not have just information what such
person's lax doth amount to, the .said warrants shall rim for double what
they shall judge such persons ought to be rated, and such persons shall be
dealt willi in all other respects as defaulters.
XX I V. Ami he it further eniietitl by the aulhority aforesaid. That the taxes
Taxabloi dv- imposed by this Act sliall be preferred to all securities and incumbrances
ingordepari- what.soever ; end that in case any pet son shall ha])pen to die between the
"'^' time of giving in his or her arcnuiit nl his or In-r tax, and any goods or chat-
tels of the d<!Ceased, to the value of iIh' sum he or she was assessed at, shall
come into the hands of his or her executors or administrators, ihey shall
pay the same by the tim(! before limited, prior to all judgments, mortgages
and debts whatsoever, or otherwise a warrant of execution shall issue
OF SOUTH CAROLINA. 33
ao^inst the proper goods of such executors and administrators. And if any A.D.lTsr.
person between the time of renJerin? the account of his or her estate to ^~^''~^^~^^
the inquirers or collectors as aforesaid, and the time of paying his or her
tax, shall be about to depart this State, the said assessors and collectors
are hereby directed and required forthwith to levy the same, notwithstand-
ing the day of payment is not already come, unless such persons will find
securities to be approved of by the assessors and collectors for the pay-
ment thereof at the time appointed.
XXV. And be it further enacted by the authority aforesaid, That the
commissioners of tlie treasury, inquirers, sheriff's, constables, and every Penalty on offi-
other magistrate and officer, or any or either of them, who shall neglect or "^f '^*' '"'' "'^'
refuse to do and perform the several matters hereby required of them re-
spectively to be done, within the time prescribed by this Act, shall, for
every such neglect or refusal, forfeit the sum of one hundred peunds ; 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 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 ;
to be sued for by the commissioners of the treasury, for the use of this
State, or by any other person or persons who will sue for and recover the
same, the one half to such person or persons and the other half to the use
of this State.
XXVI. And be it further enacted by the authority aforesaid. That in case
any assessor or collector of the present or any former taxes shall nefflect Penalty on col-
or refuse to give in, upon oath, to the commissioners of the treasury, a just fauu" "'
and true account of all monies received by him or them, or due to the
State, on account of the tax herein imposed, or on account of any fonner
tax, within their several and respective districts, by the time hereinbefore
limited, that then it shall be lawful for the commissioners of the treasury
for the time being, or any one of them, by warrant under his or their hand
and seal, to commit such assessors or collectors to the common gaol in the
district wherein he resides, there to remain, without bail or mainprize,
until he or they shall have rendered upon oath, to be taken before one of
the justices of the peace, a full and satisfactory account of, and shall have
paid, all such sums as aforesaid by him or them collected during the time
he or they were collectors, and shall have given in to the commissioners of
the treasury an account of all monies received by him or them, which are
due to this State, by virtue of this or any former tax Act, and the reasona-
ble charges of such commitment.
XXVII. And be it further enacted by the authority aforesaid, That in
case anj' of the inquirers, assessors and collectors beforementioned, should Vacancies how
happen to die, refuse to act, or depart this State, or remove out of the pa- '" '"' ^"'"''
rish or district for which he is by this Act appointed, before the powers and
authonties hereby given them are executed, then his Excellency the Gov-
ernor or Commender-in-chief for the time being, is hereby empowered,
from time to time, so often as occasion shall require, to nominate and ap-
point one or more fit person or persons in the room of him or them so
dying, refusing to act, or departing this State, or removing out of the parish
or district ; and the person or persons so appointed shall have the same
powers and be under the same penalties as the inquirers, assessors and col-
lectors hereby nominated.
XXVIII. And be it further enacted, by the authority aforesaid. That the
commissioners of the treasury for the time being, or any of them, be, and ^^'p'"'"''''''""'^''^
they are hereby, empowered and required to grant executicjis against all "o compeTpay^
former constables and collectors of taxes, and all persons in arrear for ment of arrears.
VOL. v.— 5.
34 STATUTES AT LARGE
A.I). I7!i7. taxes, anil against all a.ssessors and collectors of the present taxes, hereby
^-^'"^'"^^ inij)ose(l, if the same shall not be paiil on or before the time is elapsed for
paying the same ; and he and they is and are hereby directed and required
to prosecute all and every person or persons whatsoever neglecting or re-
fusing to do and perform the .several matters required by this Act, for the
recovery of the penalties inflicted by the same for any refusal or neglect.
XXIX. A/Ill Of if fiirt/irr enactiil by the authority aforesiiid, That if
Commissioners jj persons hcietoforo or hereby upnointcd to superintend the emissions
dvinjorrefu- ot special indents should neglect or refuse to act, or die, or depart tlie
BiDgtoact. State, his Excellency the CJoveriior oi Commander-in-chief for the time
being, is hereby authorised to appoint one or more ])ropei persons for thut
business, who shall respectively have the same authorities as those who
are appointed by this Act.
XXX. And hr it enacted by the authoiity aforesaid. That if any of the
Persons may assessors, incpiireis, collectors, commissioners of the treasury, sheriffs,
raMssur ^^''^" *^°"*'*^''''"'' "'' "tl'^'" persons, 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 plaintift" shall suH'er a non-suit, or dis-
continue his action, the said defendant or defendants shall recover treble
costs of suit.
XXXI. And he it further enacted by the authonty aforesaid. That every
Time of pay- person shall be liable to pay taxes for the present year fjr the ])ro))erly,
real or personal, of whicii he or she shall stand seized, or having the cus-
tody of, either as attorney or agent, or guardian or executor, or in his or
her own right, as tenant in fee simple, or by courtesy, or for life, oi in right
of his wife, on the lirst day of October next ensuing ; and all taxes on real
or ])ersonal proj.erty which shall be sold and conveyed on the said first day
of October shall be returned and ])aiil by the seller thereof; any law,
usage or custom to the contrary notwithstanding.
XXXII. And he it further enacted by the authority aforesaid, That all
Auyiiies and ^^^^j ^,^.^.,,, peisdii or persons heretofore acting as an altornev or atlornies,
sent persons, trustee or trustees, tor any person or persons not residents willun this .*>tate,
liable lor the s],^]! ^jiJ^e oath before the collectors respectively that he hath bona tide
taxes as.scfsed ... i .. i • i i- .i . i- .i ■ i .
on the property '"0"""'^'5d his power and attorneyslii|) lutore tlie |)ayment ol the said tax
ol'sucliaLiiien- becomes due, without having done it only wall an intention to avoid the
'""■ payment of the said tax. I'rovidetl always, that if such attnrney shall,
within one year next after such oath made, again become attorney or trus-
tee foi such absi-nt person, or act as such, every such atlorney shall be lia-
ble to pay the said lax as i.s her.-inbefore directcil, any tiling hereinbefore
contained to the contrary notwithstanding; and for U-vying whereof the
same remedies shall be, and they arc hereby, given as for levying the tax
to become due by virtue of this Act on the proper estate of such attorney
or trustee.
XXXIII. And he it aha enacted by the authority afore.saiil. That in case
I.nrd,iV.c. of nil- ^ny tract or tracts of lands, negroes, or any other taxable jiroperty. shall be
wh'iili iiixes'nre found by the in<|uirers or colleclors to belong to any person or )iei>oiis living
not paid in two or residing out of the limits of thi.i State, and have no attorney or nttornie.s,
J*"'- ''"''''"'''' tiustee or trustires, lejially constitutt-d, in this Stale, or whicli have not
forfeit. 1 /• ; . . II -11
lieen returned to any ol the inqiiirers, assessors or collectors ap])oiiite<l by
this Act, then and in such case the inquirers, osscssoi-s or collectors .shall
be, and they are hereby, aiilhorisi'd and rrqiiired to chaiue the >aid lands,
ncgioes, or any oiImt taxable piuperty, tor the payment of the lax herein
imposed, and for all taxes due by virtue of any former lax Act, luteubly
OF SOUTH CAROLINA. 3S
and proportionably, according to the quantity and quality of the lands, ne- ■'*■ D- '"'"•
groes, and otlier taxable property, as if the same were in the actual posses- ^-^'~^''~>^
sion of some person or persons living and residing m this State, and forth-
with to publish and give notice of such their cliarge and assessment in the
several Gazettes of this State. And in case the sum or sums of money
with which such lands, negroes, or any other taxable property, shall be so-pj,xpg„„, pj^ij
charged as afoiesaid, and the lawful interest from time to time of the assess- in one year,
ment made, shall not be paid to the inquirers, assessors and collectors, or [""J^J^'^'^'i^'lj''
to the commissioners of the treasury of this State, within one year next
after notice shall be given as aforesaid, that then such lands, negroes or
other taxable property, shall be forfeited to the State, and shall be sold
at public vendue by the commissioners of the treasury for the time being,
for ready money ; and all the money arising therefrom shall be retained
in the public treasury, to be disposed of as the General Assembly shall see
fit ; any law, usage or custom to the contrary thereof in any wise notwith-
standing. Provided always, that nothing in this Act contained shall extend
to prejudice the rights of infants or ferame coverts, who shall be entitled to
their lands, negroes, or any other taxable property, upon claiming the
same, within two years after they come of age or become discoverts, upon
their paying and discharging all taxes and arrears of taxes, that shall and
may be due and unpaid thereon, and satisfying the lessee of such lands for
all improvements made thereon.
XXXn^. And he itfuithcr enacted by the authority aforesaid, That the Treasurers to
commissioners of the treasury are hereby required to furnish copies of furnish copies
this Act to each of the assessors or collectors hereby appointed, within three °'^ '^"^ ^'^^'
months after the passing of this Act, and their reasonable expenses mcur-
led thereby shall be reimbursed.
ESTIMATE
Of supplies wanted for the support of Gnvernment, for the year one thousand
seven hundred and eighty-seven.
His Ejcellency the Governor's salary, - - - - - £ 900 00 00
Four Judges of the General Sessions and Common Pleas, at £500 each, - 2000 00 00
Attorney General, - - - - - - 200 00 00
Three delegates to Congress at £600 each, - . - . 1800 00 00
Five deputies to the Federal Convention, .... 1000 00 00
Secretary to the fiovernor and Clerk to the Privy Council, - - - 150 00 00
Auditor of public accounts, ...... 373 00 00
Two Commissioners of the Treasury, - - - - - 571 00 00
And fortheir extra services, and clerks, .... 4600000
And for one other clerk, ...... 1100000
Clerk of the Senate, - - - - - - 287 00 00
Clerk of the House of Representatives, .... 287 00 00
Two messengers, one to each house, at £70 each, ... 140 00 00
Two doorkeepers, ditto, at fifty pounds each, - - - - 100 00 00
Powder Inspector and Arsenal keeper, . - . - ' 100 00 00
Three JudgesoftheCounofChancery.atfSOOeach, - - - 1500 00 00
Collector of the Customs for the Port of Charleston, ... 5000000
Collector of the Customs for the Port of Georgetown, - - - 100 00 00
Collector of the customs for the port of Beaufort, ... loO 00 00
Searchers of the customs for the port of Charleston, - - - 150 00 00
Two Waiters of the customs for the port of Charleston, at £100 each, - 200 00 00
Waiter of the customs for the port of Georgetown, . - . 30 00 00
Waiterof the customs for the port of Beaufort, - - - - 20 00 00
STATUTES AT LARGE
INCIDENTAL CHARGES
Eipenees of ilie Memhere ol' ilic legislature, - - - 4000 00 00
Primer-s hill, - ■ - - - • - 300 00 00
For the transient poor, ...... 1000 00 00
Interest of the puhlic debt for the year 1787, .... 64000 00 00
Provision for Congress, - ..... 8563 00 00
Contingent fund, to remain subject to the Governor's drafts, - - 1000 00 00
For building Court Houses and Gaols, ... - - 4325 00 00
In the Senate House, the twenlv-eishth day of March, in tlie year of ourl.oni one tliousand
seven hundred and cighly-scveu, and in the eleventh year of tlic Independence of the
I'nileil Stales of America.
JOHN LLOYD, Prcildent of the Senate.
JOHN J. PRINGLE, SjmtUr of tfic House of Representatives.
No. 1371. .4 A'^ ACT TO REGULATE THE Recovery and Payments of Dehts; and
FOR PROmitlTING THE l.MI'OKTATlON OF NeGKOES FOR THE TIME HEREIN
MTNTIONED.
WHEREAS, many inhabitants of this country before the revolution
owed considerable sums of money, and of which the embarrassment of the
war prevented the payment; and whereas, very considerable importations of
Preamble, rnerchandise since the peace, and the loss of several crops, have occasioned
an accumulation of debts to a magnitude far beyond all former example,
and such as the resources of the country are inadetiuate to discharge in a
regular and speedy way as heretofore ;
I. Be it therefore enacted, by the honorable the Senate and House of
Debts to be Representatives, now met and sitting in General A.ssenibly, and by the
P""""-^' "'^"''' authority of the same. That all debts whatsoever, contracted previous to
Hients. I. ^ 1 .T \ 111 1-1
the first day of January, one thousand seven hundred ami eiglity-seven,
(except debts hereinafter metitioncd,) shall be recoverable by instalments
only, to be paid in proportion and manner liercinalter following; that is
to say, the debtor in every such ca.^e shall pay on the fiist day of March,
one thousand seven hundred and eighty-eight, one-tlnrd part of tlie prin-
cipal and interest which .shall be then due to the creditor : and on the first
day of March, one thousand seven hundied and eii;hly-nine, shall ]>ay his
creditor one moiety of the prim l]ial and interest which may be then re-
maining due; and on the first day of .March, one thousand seven hundred
and ninety, the remaining lialance of his debt.
H. And be it further enneted by the authority aforesaid, That no judg-
Nojudcmentto ment which may be recovered fur any money hereliy directe<l to l)e paid
^""' '_''^ '["'''"'■ by intitalnients, shall bind the |)r(i])erty of the delitor to a greater amount
sinouiit ilmu in than by this law is actually made payable : provided the debtor shall give
made payable, (q 1,;, creditor the security hereby re<|uired.
in. And lie it further enacted by the authority aforesaid. That all mo-
Exceptioni to neys had and rectuved by uni- persciii for the use of another; all moneys
thia law. ^jy^. ^^ protested bills of exr.liani;e, jiroviiled nevertlieless, it shall not ex-
tend to bills or orders drawn by one person on another within the State ;
all casli contracts; all moneys due on policies of insurance ; and where any
sum is to be paid by executors, guardians, or trustees, by virtue of a de-
OF SOUTH CAROLINA. 37
cree of any court having competent jurisdiction, for the education, mainte- '^- "• '''''•
nance, and support of orphans ; all debts contracted payable in principal ^~^^^^"^-^
and special indents; debts contracted for the sale of lands in Columbia;
interest due on the paper medium ; and all sums due for taxes and duties
to the public, (except the duties due to the public previous to the twelfth
of October, one thousand seven hundred and eighty-five: provided such
debtors shall give new bonds including therein the interest due, with such
security as shall be approved of by the commissioners of the treasury; and
except such debts in specie as were incurred for the purchase of confis-
cated property sold for the benefit of creditors ;) all sums not exceeding
five pounds, so far as that it may be lawful to recover the same from
and after the first day of July next ; all actions of trespass, vi et armis,
ejectment, actions of trover, actions for rent, qui tarn actions, actions of
slander or malicious prosecutions, or actions of assault and battery, or false
imprisonment, actions in nature of actions for deceit or breach of war-
ranty, or other actions of mere tort or inquiry — be excepted out of this law.
IV. And be it enacted by the authority aforesaid. That all judgments
which have been or shall be obtained, and all open accounts, shall draw Where interest
interest from the time they are due : provided always, that no open account ''"
whatever shall draw any interest for any term of time previous to the
twenty-sixth day of March, one thousand seven hundred and eighty-four.
V. And he it enacted by the authority aforesaid, That the creditor in
every case may insist to have security for the whole debt to be paid by f" ditors may
instalment as aforesaid; and after demand made either personally or in ritVfor the
writing by him, his or her attorney, if the debtor shall fail within thirty whole debt,
days to give such security within the district in which he shall reside, as
any one or more of the judges of the superior court, any one or more of
the justices of the peace of the district, not exceeding three, any one or
more of the justices of the county courts, not exceeding three, any one
or more of the commissioners for special bail, not exceeding three, respec-
tively, at the option of the creditor, shall deem sufficient, the debtor so
failing shall not have any benefit under this Act.
VI. And he it further enacted by the authority aforesaid. That wherever
any levy has been made on any execution, and no sale had thereon, the Sheriff's fees,
sheriff who has made the levy shall be entitled to receive from the debtor
half commissions on the sum levied, together with all legal charges actu-
ally incurred by him in making the said levy.
VII. And he it fartlier enacted by the authority aforesaid. That no per-
son shall avail himself of this law who shall fail to pay and disdiarge all Conditions np-
bis arrears of taxes now due since the year one thousand seven hundred ™ ^j'"'^''.f ^'''-l
and eighty-three, inclusive, within six months from the passing of this Act, tlicmselves of
and all taxes which may hereafter become due within two months after ''''s '""•
the same may be so due ; and that no tax collector shall have the benefit
of this law, who shall not settle his accounts with the commissioners of the
treasury within nine months after the passing of this Act, and return a list
of all defaulters to the commissioners of the treasury, who is hereby di-
rected to publish the same in the State Gazette ; and that no sheriff or
other officer shall be authorized to sell any real or personal property in
virtue of his office, at public auction, for specie only ; but all purchasers
at such sales shall have the option of paying either in specie or paper me-
dium ; any law to the contrary notwithstandino'.
VIII. And he it further enacted by the authority aforesaid, That if any
person or persons shall assault, beat, wound, or oppose, any sheriff or sher- Penalty for as-
iff's officer, or other person lawfully authorized, in the execution of their '"'.''''"S ""
office, for the carrying this Act into execution, each and every such per- °
38 STATUTES AT LARGE
A. D. 1787. gf),j a^j persons, in atltlition to the punisliment that may be inflicted by the
^■^""""'"^'^ court where such oH'encc shall be tried, shall, on conviction, be thereafter
rendered inca]>able of being employed by, or serving ll)c St:ite, in any of-
fice, civil or military.
IX. And he it further enacted by the authority aforesaid. That no ne-
Forfciturc for gro or Other slaves, shall be imported or brought into this State, either l)y
sl'a\ ""'into this ^^'"^ "'" water, within three years from immediately after the passing of
Sittte. this Act, under the penalty of forfeiting every such slave to any person
who will sue or inform for the same; exce])t the slaves of transient persons
passing through this State, and who shall not sell the same within the State,
or the slaves of persons who come with their said slaves to settle and re-
side, and do actually reside therein : provided tliat sucli slaves be not sold
within the term of one year.
X. And he it further enacted by the authority aforesaid, That all
Munner of re- l,onds or notes which have been ijiven smce the first day of January last,
covering bonds /. i i i . , , i n i i * i • i
and notes. '•^'^ debts contracted previous to tliat day, ami all bonds or notes which
have been given payable according to the instalments prescribed by an
Act passed the twenty-sixth day of March, one thousand seven hundred
and eighty-four, respecting the recovery of old debts, shall be no other-
wise recoverable than in the manner directed in this Act.
XI. And he it further enacted by the authority aforesaid, That the Or-
Foriner ordi- dinaiice entitled " An Ordinance respecting suits for the recovery of dolus,"
""""^^ "^''™ "■ passed the twenty-sixth day of March, one thousand seven hundred and
eighty-four, be, and the same is (lereby, repealed.
(n the Senate House, tlic twenty-eiglitli day of Marcli, in llie voarof our Lord one tlion-
sand seven hundrY*d and eighty-seven, nnil in the eh'venth year of tho Independence of
the United States of America.
.TOIIN LLOYD, President of the Senate.
JOHN J. PRIXGLE, Speaker of the Home of Reprrxetitatire.t.
No. 1372. AN ORDINANCE to impose a penally on any person who .shall iiMport
into this State any Negroes contrary to the Instalment Act.
(Passed March 28, I7S7. Sec last volume.)
No. 1373. AN ACT to REsxiiAt.v particular persons tiikrp.in nEscRinED, from
ORTAiMNr. Grants of Lano; to make .M'i.i. and voin certain Grants
OF Surplus Lands ; to prevent Located Lands from heing pas.sed
into Grants until the purchase money suall he paid; to compel
PERSONS WHO have OHTAINED GiSANTS TO PAY FOR THE SAME WITHIN
SIX months; and for OTHER PURPOSES THEREIN MENTIONED.
WII I'^K l].\S, tho surveyor general and his ilcpiilies, the commissioners
Prcnmhlc. of Icications, and ihc secretary of the Stale and his deputy, have great ad-
vantages over their fellow citizens, froin haviiii; il in their power lo take
iij) cla])sed grants, and such other lands as may bo vacant within this State;
OF SOUTH CAROLINA. 3»
and such advantages being injurious to the repose and well-being of the A. D. l-!>7.
republic,
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in Geneial Assembly, and ^y the Officers.^clerks,
authority of the same, That from and immediately alter the passing of thisyjjj',^ „„, t^he
Act, it shall not be lawful for the surveyor general, secretary of the State, allowed to lake
commissioners of locations, the cler-lis in the surveyor general's and secre- ^PJ^^^P^^
tnry's offices, to take up any elapsed grant, or run out, either directly or indi-
rectly, in his or their own name or names, or in the name or names of any
other person or persons, for his or their use or uses, any lands now vacant
within this State, without being subject and liable to the penalty of five thou-
sand pounds, to be recovered in any court of record in this State ; the one-
half to the use of this State, and the other half to the use of the informer or
person suing for the same ; and he or they shall also be discharged from
his or their respective offices, and forever rendered incapable of holding
any office of trust or emolument in this State.
II. And whereas, surveys have been made, and grants obtained, of sur-
plus lands situate lying and being within known and established lines, to Grants made
the great injury of many good citizens, as it is not just and right that the |™^gJ^'^^J^^°^ggJ,
said grants should be held and deemed good and valid ; Be it therefore
enacted by the authority aforesaid, that all grants which have been obtained
by any person or persons, for lands situate, lying, and being within the
lines, buttings, and boundings of former plats and grants, which are com-
monly known by the name of surplus lands, (except where the grant of
such surplus land hath been made to the proprietor of such granted land,)
be, and they are hereby declared to be, made null and void to all intents
and pur]joses whatsoever, and as if the same had never been granted.
HI. And whereas, the revenue of this State is greatly injured by the non-
payment of the purchase money for lands granted ; Be it further enacted Grants not to
bvthe authority aforesaid, that no arrants already obtained shall be deliv- ''" <?f ''/'^'■^''
111 1 ^i/'*ii 1 1 iinlii llie pur-
ered by the secretary to the owner thereof, until the purchase money be chase money is
paid into the public treasury ; and that all grants hereafter to be obtained paid,
shall be deemed forfeited to the State, if the purchase money be not paid
within six months after the passing of the said grants.
IV. And be it further enacted by the authority aforesaid. That it shall and
may be lawful for all and every person and persons forever hereafter to Persons may
collect and carry off oysters and oyster shells below highwater mark, from all siJe^[s"ro°;'ce"
lands for which warrants of survey have been taken out, and which have not tain lands,
been passed and confirmed by grants under the signature of his Excel-
lency the Governor, since the opening of the land office by the Act passed
the twenty-first day of March, one thousand seven hundred and eighty-
four.
V. And 7jc it further enacted by the authority aforesaid. That the secre- Treasurers
tarv shall furnish the commissioners of the treasury with a list of forfeited ^"J"' <"."'isliet'
., -11 •■ n ^ ■!• in v>m\ a list ot
grants, with a particular description of the same, within one month atter forfeited grants
the same shall become forfeited as aforesaid.
VI. And be it further enacted by the authority aforesaid, That the pre-
sent proprietors of wharves and low-water lots in Charleston, shall have Privileges al-
the exclusive privilege for six months after the passina; of this Act, of ob- lowed to pre-
1 ^ ? , , , , ' . ,, '^ PI- ^ sent owners oi
taming grants tor the land covered by water in iront ot their present ^yl,J^rves, &c.
wharves and low water lots, as far as the western edge of the channel of
Cooper liver, and the northern edge of the channel of Ashley river.
VII. And. be it further enacted by the authority aforesaid. That every
grant of land which has been obtained since the twenty-first day of March,
one thousand seven hundred and eighty-four, or which may hereafter be
40
STATUTES AT LARGE
A. D. 1787. obtaiiifd, for Sullivan's island, Middle Bay island, commonly called the
^■^"'^"'"^^ Light-house island, or any other lamls wliatever which have been or are
now ajjpropriated for any particular public purposes, shall be deemed and
held null and void.
VIll. A)ul he it further enacted by the authority aforesaid, That an actual,
peaceable, and quiet possession of lands five years previous to the fourth
Length of |)os-' day of July, one thousand seven bundled and seventy-six, shall be deemed
session. ^ good and sufficient title, and any grant obtained since that time, or wliicii
may be obtained, for the said land, is hereby declared null and void ; and
the possessors of the said lands are hereby declared subject to the l>ay-
ment of all taxes which have been or may be imjiosed by any law since
the fourth day of July, one thousand seven hundred and seventy-six.
In the Senate House, tlie Iwenty-ciglilli ilay of Sliircli, in tlie year of our Lord one tliuuaund
seven hundred und eighty-seven, and in the eleventh yeurof tJie Independence of liiu
L^nilcd States of Aincrica.
JOHN LLOYD, FrcsldeiU of the Senate.
JOHN J. rillNGLE, Spcaher of tlie Hiiiisc if Representatives.
No. 1371. ..LY .ICT' TO AMEND A\ AcT KxrtTi.ED " Ah Aet fur /eri/ing a duty on
Shipping fur an Infirmanj for Seamen."
WHEREAS, the rea.sons which exist for levj'ing a duty on shipping
Preamble, f^j. j^jj Infiruiary for seamen, do not jirevail with regard to the shipping
belonging to the French nation ; therefore,
I. Be it enaeted, by the honorable tlie Senate and House of Repie-
Frcnch vessels entatives, now sitting in General Assembly, and by the authority of the
infiruiary duty. ■'''i™c, Tliat all French vessels bo, and they are hereby, exempted from
the duty im]iost'd on shi])ping by an Act entitled " An ."Vet for levying a
duly on shijjping for an Infirmary for seamen," pa.ssed tlie eighth day of
March, one thousand seven hundred iiiid eighty-five.
In the Senalc Ilousr, the Iwenly-cifrhth day of .Mareh, in the year of our Lord one thou-
sand seven hundred and eitrhty. seven, and in the eleventh year of the liide|HMidence'
of the L^niled Slates of Anieriea.
JOHN LLOVn, Presirhnt of the Senate.
JOHN J. PRINtiLE, Speaker if the House o/ Uepresenlatieai.
No. 137o. AN Oil Df N. IXC t'J Tit r'lii.vr.NT -rnF. skininu of i:xfKS;,ivK Ci'rants
oi' Lamls.
L Be it ordained, by the honorable the Senate anil House of Represen-
tatives, now met and sitting in (ieneral .Assembly, and by tlie nulh(n'ity of
the .same. That no grant of land for a Iiart exceeding one thousand acres,
be signed during the recess of the General Assembly, or for forty days
OF SOUTH CAROLINA. ^ 41
after the next meeting and sitting of the same : provided always, that for A. D. 1/87.
the term aforesaid, no person shall locate or survey lands to the prejudice -,~~"|^~^'^"'*'^
of those who are hereby prevented from obtaining grants : provided also, ia„(| exceeding
that nothing herein contained shall extend to any grants which shall be '"on acres, to
satisfactorily proved to include no entire tract of land heretofore granted j^^gg |.g|,g_.^'
and held by any other person.
In the Senate House, the twenty -eighth day of March',- in tlie year of our Lord one thou-
sand seven hundred and eighty-seven, and in the eleventh year of the Independence
of the United States of .America.
JOHN LLOYD, President of the Senate.
.TOHX .r. PKINCtLE, Speaker nf the Hoi'xe of Rfprcaentatires.
AN ACT FOR THE PROMOTtOV OF INDUSTRY, A.\D FOR THF. SUPPRE.ssrON No. 1376.
OF Vagravts a\d othf.r Idle and Disorderly Persons.
WHEREAS, the arreat increase of idle and disorderly persons, has be- „ ,,
- , • 1 • ,1 -^ '^ ^ 1 Preamble,
come such a grievance to the industrious and honest p^jit oi the commu-
nitj' as to requiie an immediate remedy;
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au- Description of
thority of the same. That from and after the passing of this Act, all persons Jld vaErants
wandering from place to place without any known residence, or residing and liable to
in any city, county, or parish, who have no visible or known means of Jr? ^^( '"^^
gaining a fair, honest, and reputable livelihood ; all suspicious persons
going about the country swapping and battering horses or negroes, (with-
out producing a certificate of his or their good character, signed by a quo-
rum of the justices of the county, or by three justices of the peace of the
parish from which such person is last come ;) likewise all persons who ac-
quire a livelihood by gambling or horse racing, without any other visible
means of gaining a livelihood ; also, all persons who lead idle and disor-
derly lives ; all who knowingly harbor horse thieves and felons, and those
who are known to be of that character and description ; likewise all per-
sons (not following some handicraft trade or profession, or not having some
known or visible means of livelihood,) who shall be able to work, and oc-
cupying or being in possession of some piece of land, shall not cultivate
such a quantity thereof as shall be deemed by one magistrate and four
freeholders, or a majority of them, on oath, to be necessary for the main-
tenance of himself and his family ; also, all persons representing publicly
for gain or reward, any play, comedy, tragedy, interlude, or farce, or other
entertainment of the stage, or any part thereof; all fortune tellers for fee or
reward; all sturdy beggars; and all unlicensed pedlars — are, and shall be,
deemed vagrants, and liable to the penalties of this Act.
II. And be it further enacted by the authority aforesaid. That upon the
deposition on oath, or solemn affirmation, of any credible informer, before Magistrate to
a magistrate, of any person's being;, to the best of his or her knowledge '^^"'^ '",!"''''!,
1 ? 1- /■ ^ T ' 1 • . 1 -, , , 1 , •" rant on the oatli
and beliet, a vagrant according to this Act, and liable to the penalties of any credible
thereof, such magistrate shall, and is hereby directed immediately to, issue informer.
his warrant, ordering some constable to bring the offender before him, and
VOL. v.— 6.
42 STATUTES AT LARGE
A.n. ITfiT. siiall then summnn tlip nearest justice of peace (or of the county court, as
^'■^''■^''^^ the case may be) to join and assist him in inquirina; into the truth of the
information. And to prevent any injustice or oppression, no determina-
tion shall he good and lea;al unless there shall be also summoned ihiee dis-
interested freeholders, who shall join tlie two magistrates in the inquiry,
and then the opinion of any three out of the five, shall be binding and
conclusive, and not otherwise : provided, that if no magistrate shall reside
within a convenient distance of the masjistrate before whom the ofii-tider
is carried, then in such case he shall summon five disinterested freeholders,
and the opinion and determination of any three of them, joined to that of
the magistrate, shall be binding and conchisive.
III. And the better to guard and secure the liberty of the citizens, and
Person accus- to exclude all partiality on the part of the magistrate; Be it further enacted
eil to draw five \yy djg authority aforesaid. That whenever any such information as afore-
whoin ho shall said shall be made, the magistrate shall make out a list of twelve free-
be tried. holders of the neiffhborhood, and shall put them in a box or hat, out of
which theperson accused shall be allowed to draw three or five names, (as
the case may be,) and thereu])on the magistrate shall immediately summon
the said three or five freeholders whose names have been drawn as afore-
said, who shall be liable to a fine of ten shillina:s for their nonattendance,
unless prevented by sickness ; the said fine to be recovered by any magis-
trate by warrant of distress; but if any of the said three or five iivehold-
ers shall fail to attend, then the magistrate shall direct the jierson accused
to draw out as many other names as shall make up the deficiency, so that
the attendance of three or five freeholders, as ihe case may require, may
Provi.<o. he procured : provided always, that if the person accused shall refuse to
draw out the names a.s aforesaid, then the magistrate before whom he or
she is summoned, shall forthwith proceed to draw out three or five names
in the manner above prescribed.
IV. Ami he it further enacted by the authority aforesaid, That as soon
Prnons nccu«- as the two magistrates and three freeholdei-s, or the one magistrate and
eii to eivc sccu- jjyg freeholders, (as the case may require,) shall be convened together,
behaviour, if they shall proceed to examine into the trutli of the charge, and to inquire
found euiliv, jp what manner, and by what means, the person accused gains his or her
or go oj • livelihood, and maintains his or her family, (if he or she has any,) and if
the qiKiriim of them (as above described) shall adjudge such person liable
to the penalties of this Act, then on such jierson's payment of the accus-
tomed fees, and giving good security for his or her good behaviour for the
space of twelve months ensuing, such person shall be immediately dis-
charjed ; but on his or her inability or refusal to give such security, st
shall be lawful for the magistrate befiu-e whom the complaint was made,
to commit him or her to gaol until the next meetnig of the county or cir-
cuit couits, or the court of general sessions in Charleston ; to the clerk of
which courts respectively such magistrate is hereby direrlcd to transmit a
fair cr)py of his proceedings, containing the names of the macistrates and
frecholilers befiire whom such person was triid, with the names of the in-
former, and witnesses, and the eviilence they gave ; which cojiy of his
proceedings shall be filed and preserved as a record of the court.
V. /In// /jf ;7 ///r^//crc«/;c/(v/ by the authority aforesaid. That if the court
Service«ofthr> shall not think fit to dischaigi; the on'riider, then the clerk nf the court
odVtii) T lo Iw shall, before the last dav of court, make known to the inliabilaiits by an
fold at auction. , ' . , "11,-1 1 1 ,- 1 ■•
advertisement stuck up at the door of the court-house or gaol of the dis-
trict or county where he or sht; was apprehended, that the services of the
ofTender will bo sold at ])ublic sale on the last day of the court, for a space
of time not exceeding one year ; and the person so purchasing thn services
OF SOUTH CAROLINA. 43
of the said offender, shall receive from the clerk of the court a certificate A.D. irsr.
of such purchase, and thereupon the offender shall, during the term afore- ^-^'■■^'''^«-'
said, be subject to the penalties set forth and contained in the Act of As-
sembly entitled " An Act concerning servants, and masters, and appren-
tices;" and the person who purchased his or herservices, shall be entitled
to all the benefits accruing to masters by the aforesaid Act.
VI. A/id be it further enacted by the authority aforesaid. That in case no
person shall purchase the services of the said offender, then the said of- Offender to be
fender is hereby declared liable to receive not more than thirty-nine, nor |^^"'PP^j'' '"l'. '"
less than ten lashes, on the bare back, at the discretion of the judges of the iri,'t, if his ser-
county or circuit court, or court of sessions in Charleston, as the case may ^iff s be not
be, and adjudged to quit the county within twenty-four hours, or the dis- '"'"^ '"""^ '
trict within three days. And if the said offender shall, after the time
above prescribed, be found within the county or district from which he
has been banished, and shall not be provided with a certificate of his good
behaviour from some one of the county courts, or a judge of the court of
sessions, or cannot procure good security for his future good behaviour,
then he is hereby declared liable to the same penalties and punishments
as above set forth : provided, that in all cases where it shall be deemed
practicable and expedient by the county court, or judge of the court of
sessions, or circuit court, to condemn the offender to hard labor, then such
offender shall be sentenced to hard labor for a term not exceeding one
year, and shall not receive the punishment by whipping, as aforesaid.
VII. And, he it further enacted by the authority aforesaid. That every
person of suspicious character coming to settle in any county or parish Persons of sus-
within this State, shall be deemed a vagrant, unless he produce a certificate pi<'i""s charac-
P ... p , -,. , ' , . . -. , ter deemed va-
irom the justices oi the county court of the county, or three justices oi the grants, unless
peace of the parish, in which he last resided, setting forth that he is a per-piovin? to the
son of a fair character, and not an idle or disorderly person ; or unless he '^°"'*'"'>'-
obtain within the space of five days sufficient security for his good be-
haviour for twelve months ensuing.
VIII. And he it further enacted by the authority aforesaid. That if any
magistrate shall fail or neglect to execute any of the duties herein set Penalty on ma-
forth and prescribed, he shall be liable to pay a penalty of ten pounds; S'*''''"'=s.'''i''iS
and any constable neglecting or failing in his duty aforesaid, shall be liable
to pay five pounds ; to be recovered by information before the justices of
the county or circuit court, or court of sessions, as the case may require ;
one moiety to go to the informer, and the other to the use of the county,
if recovered in a county court, and to the use of the State if recovered
in any other court, and to the use of city if recovered in the court of
wardens.
IX. And the more effectually to prevent all malevolent prosecutions,
either against persons falsely supposed to be vagrants, or against magis- P''"=>''y ™
trates or constables accused of having neglected their duty as aforesaid, fj^,'^°'l,^gj.'Jgg^'''
Be it farther enacted by the authority aforesaid. That if any informer shall wiihout good
be convicted before the judges of the county or circuit court, or court of'^''**'*"'
sessions, of having preferred his complaint through malevolence or spite,
without any just grounds of accusation, he shall be adjudged to pay a fine
of five pounds to the party injured, besides being liable to an action for
damages. And if any person shall wantonly prosecute any magistrate or
constable for a neglect of duty, and shall fail in his proof of such neglect,
he shall pay a fine of five pounds, to be recovered as aforesaid.
X. And be it farther enacted by the authority aforesaid. That the magis-
trate or magistrates before whom any offender against this Act shall be
tried and condemned, shall not be liable to any penalty if he or they shall
44 STATUTES AT LARGE
A.I). i7sr.
make it appear that tbe judgment was given in the manner and with the
restrictions set forth in the second clause of this Act.
In the Senate House, tlie twenly-eishth day of March, in the yetir uf our l.onl one thou.
6«nd seven hundred and ei^lity-sevon. and in tiie elcveiilli year of tlie ludepeudence
of the raited Slates of .America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Reprcsentativrs.
No. 1377. AN ACT to ahcr and amend an .\ct entitled " An Act fi>r establishnig
county courts, and resjulatin^ the proceedinijs therein," pa.«sed the
17th day of March, 17S5; and for other purposes therein mentioned.
(Passed March 28, 1787. See last volume.)
No. 1378. AN ACT to exempt William Bixl from the Pai.vs and Penal-
ties TO WHICH HP. IS LIABLE BV SKVERAL AcTS OF TIIE GENERAL
Assembly.
WHEREAS, William Rdll, foinu'rly Lieutenant d'ovoriior of this
Preamble. Sta'c when a British province, hath petitioned the Lesrislaluie to be ex-
empted from the ])ains and penalties to which he is liaMe hy several Acts
of the General Assembly;
L Be it therefore enneted by the honorable the Senate and House of Rep-
william Bull reseiitativcs, now met and sittint; in General Assembly, ami by the au-
tcd from cer- thority of the same, That the said William Bull, on his arrival in this
tain paina and State, and on takin!; the oaths of alle-jiance and fidelity thereto, before
pena c». ^^^ of the judces of the court of common pleas, shall be, and lie is herrby,
exonerated and discharged from all the pains and penalties to which he
was liable under the several Acts jiassed by the Lei;islature of this State,
and more particularly an Act entitled " An Act for disposintj of certain
estates, and banishinir certain persons therein mentioned," passed the
twenty-sixth day of February, one thousand seven liundred and eighty-
two.
In the Senate Hou«e, the Hvenly-eiehth day of March, in the year of our Lord one ihou-
unnd seven hunilrrd and eiehly-rteven, and in the eleventh year of the Independence
of the I'liiled States of Anierira.
JOHN LLOYD, President of the Senate.
JOHN J. VRl'Si'.LE, Speaker rf the House ef Urpresenlotires.
No. 1379. AN ORDINANCE for opening the Navigation of Lynch's and Clark's
Creeks, as also Black Creek, and appointing commissioners for super-
intending the same.
(Passed March 28, 17S7. See la.yl volume.)
OF SOUTH CAROLINA. 4ft
AN ACT TO RnvisE, Amend, and Rr.prAL the several Acts or No. 1380.
CLAUSES OF Acts op the General Assembly kerkin mentioned.
I. Be it enacted, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority Former act re-
of the same, That an Act entitled "An Act for the entry of vessels," P<^='''=<'-
passed the eighth day of October, one thousand six hundred and ninety-
eight, be, and the same is hereby, repealed.
II. Ami he it fanhcr enacted by the authority aforesaid. That from and
immediately after the passing of this Act, any one of the judges of the Judges may
court of common pleas, or a majority of the county court justices, shall, ^^W"i^'g''^™j™'
and may, and they are hereby authorized and empowered, upon the appli- examine wit-
cation of any person or persons vyhatsoever interested in any suit depend- "^s**^^-
ing in the court of common pleas or county courts, to grant a commission
under his or their hand and the seal of the court, directed to three commis-
sioners, or any two of them, authorizing and empowering the said com-
missioners to examine and cross examine the witnesses therein mentioned,
and who are without the limits of this State, on oath, touching such mat-
ters or things as they may have in charge by the aforesaid commission; and
also in like manner all such witnesses whose attendance to give their tes-
timony in court cannot be procured either by reason of such sickness or ' '
infirmity as totally incapacitates such witnesses from travelling, in order to
appear and give evidence in court when requisite; and that such sickness
or infirmity shall be proved before one of the judges of the court of com-
mon pleas, or a majority of the county court justices, by a certificate on
oath of some disinterested person of reputable character : provided, nev-
ertheless, that the person or persons making such ajiplication, shall give to
the plaintiff' or defendant, as the case maj' be, ten days notice of such ap-
plication.
III. And he /</«?•;/;«;■ e«rt6-/c(^ by the authority aforesaid, That no testi-
monial, probate, certificate, or other instrument under the seal of any Foreiorn certifi-
foreign court of law, notary public, or other magistrate or person qualified "^^'"f ""t.'"'";
, - , . ,•'1 , ,, • ^ °i • 1 ■ 1 received m evi-
and empowered to give the same, shall m future be received m the courts deuce.
of this State as evidence of any debt due, or demand owing by any per-
son or persons resident within the limits of this State ; any law, usage, or
custom to the contrary notwithstanding : provided, nevertheless, that if it Proviso,
shall appear to the court that the testimonials, probates, certificates, or
other instrument of writing for the purposes aforesaid, which have been
or shall be hereafter issued from any of the courts of this State, or by any
of the officers thereof authorized and empowered to give the same, are
received and allowed as evidence in the courts of such foreign country,
then, and in such case, the courts of this State shall receive and allow the
testimonials, probates, certificates, or other instruments of such foreign
country alone, as good and sufficient evidence of any debt due, or demand
which may be owing by any person or persons residing within the limits
of this State.
IV. And he it further enacted by the authority aforesaid, That the thirty-
sixth clause of an Act entitled "An Act confirming and establishing the P""^!^^ "f
ancient and approved method of drawing juries by ballot in this province, pealed,
and for the better administration of justice in criminal causes, and for ap-
pointing of special courts for the trial of causes of transient persons, de-
claring the power of the provost marshal, for allowing the proof of deeds
46 STATUTES AT LARGE
A. U. 1787. lieyoiid the sios as evidence, and for repealina; the stveral Acts of the
^"''"^'^^^^ General Assemhiy therein mentioned," passed the twentieth day of August,
one thousand seven hundred and thirty-one. Also, the fiist clause of an
Act entitled " An Act for ret^ulatina; trials in courts of justice in this State
between the subjects of foreign nations in alliance or neutrality with the
United States and the citizens thereof, and for other purposes therein
mentioned," passed the sixteenth March, one thousand seven hundred and
eiqlity-three. Also, tlie first and second clauses of an Act entitled "An
Act to alter and amend the thirty-sixth clause of an Act of this State,
commonly called the jury law, and for alterint; the time of holding the
courts of sessions and common pleas," passed the twenty-sixth March, one
thousand seven hundred and eighty-four. Also, " An Act for repealing
the thirty-sixth clause of the jury law, and for other jjurposes tlierein men-
tioned," passed the twenty-second .March, one thousand seven hundred
and eighty-six — be, and the same are hereby, repealed.
In tlie .Senate House, the twcntj-eighlli day of Mnrcli, in tlie jcnr of our Lord one lliou-
eand seven liundred and eighty-seven, and in the eleventh year of the Independence
of the United Slates of America.
JOHN LLOYD, President of the Senate.
JOHN J. PllINGLE, Sjieaker of tJte House of Representatives.
No. 1381. AN ACT to m'imint Esi-iikatoks, and to ukgui.atk E3Chi:ats.
\VHERE.\S, sundry estates, real and ])ersonal, have heretofore been
ac<|uiied, held and jiossessed in this State, by persons who are now dead,
Preamble ""'' "" ^'^'■i'^^ representatives have appeared to make title and claim, either
by descent or purchase, to such estates; and sundry other escheats have fall-
en or may hereafter fall to this State, in the like maimer ; and also in cases
of forfeiture for treason or felony ; and it being necessary to appropriate
such estates, real and personal, to public uses ;
L Be it thertfire rntictetl, by the honoiablc the Senate and House of
Representativ(;s, now met and sitting in (ieiieral Asstnibly, and by the
authority of the same. That an irscheator shall be ap])ointed by the joint
beappohiTcd'." l^allot of the Senate and House of Representalives, and cominissioned by
the (Jovernor or Commander-in-chief for the time being, for the district of
Charleston, and for imcIi of ihe circuit court districts, who shall execute
his oHice in jiroper ])erson, and not by di-puly, and give bond, with three
good and sullicient sureties, |)ayalile to and taken by the (iovernor for the
time being, for the use of the State, which shall be duly recoided in the
Secretary's office of this Stale, in the penal sum of live thousand pound!)
sterling money, for himself and sureties, jointly aixl severally, and con-
dilioncil for the well and faithful discliargi- of tlie said oflice, and siiall
moreover lake llic following oalli, to I.e administered by the said Governor,
or any one of the justices of the ctiurt of common pleas, at the time of
taking the said bond, to wit: " I, A R, do solemnly swear that 1 will well
qjjI, and faitlifiilly execute the ofllce oreseliealor foi the district of .and
ililiueiit ini|uesl make for all properly which hath escheated or sliiill es-
cheat to the Slate, within my jurisdiction, according to the true intent and
meaning of the Act in that case made and provided : So help me God."
OF SOUTH CAROLINA. 47
TI. And he it further enacted by the authority aforesaitl, That each of A. U. 1787.
the said escheators, in every case where on their knowledge or belief, or ^-^""v-^*.^
the information of another, that certain lands have been escheated to the Duties of the
State by the death of tlie person last seised in fee simple, either in law or '^^'^^"'''''"■'*-
in fact, without leaving any person who can lawfully claim such lands, eith-
er by purchase or descent from such former proprietor, the escheator of
the district where the lands lie, on such knowledge or information, or
the order of any court of record, shall issue his notification of such sup-
posed escheated lands to one of the judges of the court of common pleas,
at least two months previous to the next meeting of the said court to be
held in the circuit or district where such lands lie ; and the judge or judges
presiding at such court shall cause the jury (being first duly sworn) to pro-
ceed and make a true inquest of all such supposed escheated lands, which
by the escheator shall be subjected to their investigation, and a true ver-
dict make thereon ; whereupon the judge or judges of the court aforesaid
shall certify the same, under his or their hands and seals, to the escheator,
who is hereby ordered and directed to record the same in a book to be
kept by him for that purpose, and shall return the original within two
months after the date thereof into the office of the court of common pleas,
to be there filed and kept as a record of the said court.
III. yl»(iZ>e ;V /«/•//( tT e«acte(Z by the authority aforesaid. That on return-
ing the inquest into the office of the court of common pleas, the clerk shall .^^^.^,.^1,.^^ ^^j
thereupon cause to be advertised in the State Gazette, the first week in no cloiinont
every month, for six months, the particular description of the lands, the arpi5'''"'g '° '■
name of the person last seised, and the supposed time of his or her death, escheated,
together with the part of the world in which he or she was known or sup-
posed to be born, and requiring his or her heirs, or others who may claim
under him or her, to appear and make claim. And if no person shall ap-
pear and make title to the same lands, within twelve months after the expi-
ration of the time prescribed for advertising the same, the clerk of the said
court shall issue process, to be signed by one of the judges, to the escheator,
pronouncing the said lands to be escheated and vested in this State, and
directing him forthwith to sell and convey the same, according to law.
IV. And. he it further enacted by the authority aforesaid. That as soon
as escheated lands shall be vested as aforesaid in the State, the escheator Sales to be
shall advertise the sales thereof in the State Gazette, and akso in the most '"'^''"'^®''"
public places of the district in which the lands lie, giving si.x weeks public
notice, on a credit of twelve months, payable in the general indents issued
by this State to the public creditors, with lawful interest, payable in special
indents or current money, and shall moreover take good and sufficient
surety and a mortgage of the premises, before the title shall be altered or
changed.
V. And he it further enacted by the authority aforesaid, That where the
lands shall exceed six hundred acres, and can be divided into smaller Lands may be
to the State ; and the indents arising from such sale shall be forthwith
paid into the public treasury whenever the same shall become due and
recovered. Provided nevertheless, that if any person or persons shall ap- Proviso,
pear within five years, and make good title to such lands, in the court of
common pleas, on an issue tried, he, she or they shall forthwith receive
adequate compensation.
VI. And he it further enacted by the authority aforesaid. That any per-
son or persons, without delay, shall be heard on a traverse, in the court of (,i",",^^fjf °
common pleas, on a petition setting forth his, her or their right, and the
48 STATUTES AT LARGE
A. 1). 1787. said lands shall he committed to him, if he, she or they shall shew good
^-'^"^^^^^ evidence of his, her or their title, to hold until the right shall be found and
discussed for the State and the claimant ; sucii claimant lindin<i sufficient
security to prosecuto iiis, her or tln'ir suit with eftt'ct an<l williout delay,
and to render to the State the yearly value of such lands, if the right be
found for the State; and where no claimant shall ap]>ear to make title as
aforesaid, the eschealors shall rent out the escheated lands, if the same can
be done with advaiitaire to the Slate, until the ]>rofess of escheat shall bo
concluded and the lands sold. Provided nevertheless, that if any suit for
Proviso. property supposed to be escheated shall be prosecuted by any escheator,
and the jury before whom such trial shall he had shall think there is no
probable cause, such jury are hereby authorised and reijuired to assess and
award to the party "grieved such damages as they shall lliink jiroper.
VII. A/Ill lie il farther enacted by the authority afore>aid. That the State
l.imiiaiioii. shall not be precluded by possession, grant, conveyance, or any other
cause or title, from making inquest and sale of all such lands as have here-
tofore escheated to the State by the death of the person last seised thereof;
any law, custom or usau;e to the contrary notwithstanding. Provided, that
no lands claimed under grant, or under an actual possession for five years,
piior to the fourth July, one thousand seven hundred and seventy-six,
shall be affected by this Act.
VIII. And he it further enacted by the authority aforesaid, That where
„ 1 . . any monies or other personal estate shall be found in the hands of an
Personal cslutc ■' ,..',., ,. i ,■
to which there executor or administrator, being tlie pid]ierty ol any person lieivtolore
is no heir, deceased, or hereafter dying, and leaving no person entitled to claim, ac-
the State!"'" cording to the statute of distribution, and without makiii!; dispcisition of
the same, the escheator of the district where such chattels shall be found,
or the attorney general, on behalf of the .Slate shall and may sue for and
recover, either at law or in equity, and pay the same into the treasury of
this State ; and the said treasurers for the time being shall advertise the same
in the State CJazette, once in every month, for six mouths, in like manner
as lands are hereinbefore diiected to be advertised, and if no person shall
appear and make goo<l title to such personal estate within two years there-
after, other than as executor or administrator, or their legal representatives,
then such personal estate shall become vested in and ai)plied to' the use of
this State.
IX. And he il further enacted by the authority aforesaid. That nothing
Further time herein contained shall ]ireju<lice the riijhts of individuals having legal
nore*feinme""' '•''•'• **'"' "'''" "1".''' 1"' "nder the disabilities of infancy, coverture, lunacy,
coverta, &c. or beyond the limits of the United States, until three years after such dis-
abilities shall be removed.
X. Anil he il further enacted by the authority afiu-esnid. That the said
Enchcatnrs to eschcators shall, each of them, as a compensation for his trouble, co>t and
receive 2i per j.l„„.,,(,, j„ ,|,y disrhargc of his duly, be entitled to receive tin- commi.<sion
of two and an half |ier cent, out of all monies or indents which in virtue
of this Act shall be paid by the said scvc^ral escheators respectively into
the treasury ; and where anv pi'rson or persons shall apjiear and make title
to lands or personal estate, after oflice found by the jury, the court shall
' have ])ower to assess such reasonable co.Ms and charges as the escheator
hath sustained in promotini; the claim of the State, except in cases where
he ha.s already received his commissions.
XI. Ami he it further enacted by the authority aforesaid. That if the
Penalty on escheators, or any of them, shall fail to do his or their duty, as this Act
neglect. dirccLs, on behalf of the State, and any loss or dainaue shall accrue to the
State by his or their misconduct and fraudulent practices, the offender or
OF SOUTH CAROLINA. 49
oftenders shall be responsible for all sutli loss or damage, and the court of A.D. 17:;?.
common pleas shall have power and authority to order a prosecution in ^-^^^^^
the name of the State : and the jury .shall try the fact, and assess the dama-
ges and costs ; and upon conviction, such escheator or escheators shall be
incapable forever thereafter from holding any place of trust or profit
within this State.
XII. And be it further enacted liy the authority aforesaid, That every
part of this Act, and the mode therein prescribed for recovering and ap- Opeinticju of
propriating real or personal property heretofore escheated to this State, ""^ ^'^^'
and to become hereafter fully vested by the verdict of a jury as aforesaid,
shall he pursued and observed where any person shall hereafter die without
heir, or shall forfeit his lands by conviction of treason, or otherwise be-
come divested thereof by operation of law, without leaving any legal re-
presentative; any law, usage or custom to the contrary notwithstanding.
XIII. And he it further enacted by the authority aforesaid. That no
property shall be vested in the State, or any inquisition had by the eschea- Estates of
tor, where any person or persons shall have committed or may commit
any felony against the State ; but that the said property shall descend to,
and be vested in, the representatives of such person or persons ; any law,
usage or custom to the contrary notwithslanditig.
XIV. And be it firth er enacted by the authority aforesaid, That nothing
contained in this Act shall be construed to vest in the State the property Heirs of
of which any person died possessed, interested in, or entitled to, where t'le liali lilood
such person has left any relation of the half blood, but the same shall be, session,
and is hereby, vested in such person of the half blood ; and where lands
have come by descent or purchase to a female, and such lands have passed,
or may hereafter by occupancy pass, to the husband and his descendants,
or others claiming under him or them, in default of heirs on the side of
such female, they shall not be subject to the operation of this law.
XV. And be it further enacted by the authority aforesaid. That no lands
shall be sold under or by virtue of this Act, previous to the twenty-sixth Lands not to
day of March, one thousand seven hundred and ninety-one, wheie, on the n„g^"„'.i[|[j,"
inquisition, the right of inheritance shall appear to be in an alien ; nor shall Waich, 1791.
any thing in this Act contained be construed to extend to contravene any
treaty or agreement that is or may be entered into between the United
States of America and any foreign prince, state, or potenate, on the subject
of descents and inheritances.
XVI. And he It further enacted. I)y the authority aforesaid. That no No member of
member of either-branch of the Legislature shall be capable of.holding or J|j^^^^g]"l"g^t
exercising the office of escheator. tor.
XVII. And. be it further enacted by the authority aforesaid, That no
escheator shall, directly or indirectly, either by himself or any person
whomsoever, purchase, or be concerned with any person or persons in Escheators not
purchasing, any escheated lands, without being subject and liable to the ehase escheat-
payment of five thousand pounds; to be sued for and recovered in anyed estates.
court of record, one half for the benefit of the informer who shall sue for
and recover the same, and the othei half to be applied to the use of the
State ; and the said escheator shall also be rendered incapahle of holding
or exercising any office of trust or emolument therein.
In the Senate House, the twenty-eightii duy of March, in the y.arof our Lord one thou-
sand seven hundred and eighty-seven, and in the eleventh year of the Independence of
the United States of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the Iloune of Reprcsentaiucs.
VOL. v.— 7.
STATUTES AT LARGE
No. 13S2. AN ACT TO ALTEK THE NAME OF THE ToWN OF NiNETY-SlX.
1. Be it enacted, liy the hcmorable the Senate and House of Representa-
tives, now met and sittinij in General AsseniMv, and l>y the aulliority of the
same, That from and immediately after the jiassins; of this Act, the town
town'^o"u-red heretofore called by the name of Ninety-Six shall be known and called
to Cmnbridgc. by the name of Cambridge, and no otlier ; any law, usage or custom to
the contrary notwithstanding.
In the Senate Housr, the ciehlli tlay uf March, in tlio year of our Lord one ihoiisand
seven hundred and cighly-sevcn, and in the clevenlh ycur of the Indeiiemlence uTlhe
United Stales of America.
.JOHN LLOYD, Pnxidcut , if the Senate.
JOIIX .1. ;'i;iN(;l,E, Sii,nl;i'rnfthelIi„i.t,ofUei>ns,-r,tat,r,s.
No. 1383. AN ACT oLri.MiiNr, tiik Powt.rs and [Htiks or the l.vyiTiiins,
Assessors, and Collectoiis of tiik Taxes, asp otheu pehsons
concerned therein.
L Be it enacted. That every assessor and collector appointed by any tax
Act whidi may hereafter be passed for raisiiiEf sup])lies for the sup]ioi1 of
Government of this State, shall, before he enters up<m the execution of
his said oflice, take the following oatii beloi-.r some justice of the peace :
" I, A li, do solemnly promise and swear that 1 will, to the be.st of
Oath of afiseR- ^^ knowledw, skill and iudirment, a.scertain the several (lualities of
»or« and col- ,•,,, ^ i i • • i • i i i • i
leciors. the lands lyinn and being withm tlie where I am appointed asses-
sor, and where no return of the <|Uiililies of the same shall have been
made ; and that I will not, for any fee or reward, favor, jiarliality, self-
interest, malice or hatred, in favor of or against any person or persons what-
soever, assign any other quality to such lands than in tnilh and pood con-
science they shall appear to me to ileserve; ami that 1 will impanially assess
all other pnipcily and professions by law diieclcd li> be so assessed, to
the best of my jiid;;iiieiit, accdrdimj to the true inti'iit and meaning
thereof. S(i help me God." And if any assessor shall jiresume to execute
the .said office without havint; taken the said oath, such assessor shall forfeit
and pay the sum of fifty pounds, to be recov«>red by any person who shall
inform and sue for the same, hy action of debt, in the court of common
pleiLs.
II. That the inquirers, u.sscssor» anil ctdlectors of the parishes ofSt. Philip
liiquirrm lo and St. .Michael, orany one or moreof them, are hereby ordered and directed,
give previoiiit y„ ,„• |i,.f(j|'|. i|„' first Mondav in September next, and on or before the first
nolire uf their »# i • .. . i .• ' i i ., r. . . .i
intention tor nil i'londay 111 .Ncplemlier 111 each ami every year Iheiealler. lo i;o once to the
on the inlinliii- several houses of the inhabitants of the said parishes, of which they shall give
""i"'" '""'"' JTi'vioiis notice in tin; Gazette three weeks before they shall go to the
said houses, and inquire into and take an iiccount of all ihe real estates,
and particularly in what iiart.-* of the said paiishes the lands aie siluated,
and of the slaves and other taxable pii>|ii'rly of the inhabitants, which
they shall be possessed of, interested in or nilitlrd unto, in tlieirowii liehl
OF SOUTH CAROLINA. 51
or in the right of any other person whatsoever ; and the inquirers in the A. I). 1788.
other parishes and counties shall fix on some convenient places to receive ■'-^^^''"'•^
returns and payments, of which places they shall s;ive at least three weeks
public notice at three several times and three several public places; and
that no person be obliged to attend them at more than fifteen miles dis-
tance from his house.
III. That the assessors respectively appointed in the parishes of St.
Philip and St. Michael, shall complete their calculations of the value of ^^^^J?f°'Jj?.
estates in the said parishes on or before the first day of November, and calculations.
within seven days after they shall cause a duplicate thereof to be posted
at the Exchange at Charleston, for ten days, of which they shall give pre-
vious notice in the Gazette.
IV. That all persons living within this State who are possessed of any
lands, slaves or carriages (wagons, carts and drays excepted — lands whereon ^j';'j^^"°p,'°^ ^C
any churches or other buildings for divine worship or free schools are erected ,1,^;^ property
and built, and all slaves appurtenant to or going with said churches and lands, on oath,
and all monies appropriated for charitable uses, always excepted,) either in
their own rigiit or in the right of any other person or persons who are
liable to pay any other tax by virtue of any law, shall return a particular
account thereof in \viiting to the inquirers, at such time and place as the
said inquirers, or any of them, shall appoint for the doing thereof, so that
the same be done on or before the first Monday in October next, and on
or before the first Monday in October of each and every year thereafter,
which shall contain an enumeration of each lot of land, with the dimensions
of and improvements thereon, and of his lands, with a particular account of
the situation, quantity and quality of the same, and also the number of
slaves, and the number of wheels of every taxable carriage belonging to
the person making the returns, which shall be attested in the words follow-
ing : " I, A B, do swear (or affirm, as the case maybe) that the account Oath,
which I now give in is a just and true account of the quantity and quality
of the lands, slaves and carriages, as are directed to be taxed by law, 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 whatsoever, as guardian, execu-
tor, attorney, agent or trustee, or in any other manner whatever, accord-
ing to the best of my knowledge and belief; and that I will give a just
and true answer, according to the best of my knowledge, to all questions
that may be asked me touching the same ; and this I declare without
anv equivocation or mental reservation whatsoever : So help me God."
Which oath or affirmation the several inquirers and collectors appointed
by this Act are hereby duly authorised, enjoined and required to adminis-
ter. VVliich returns shall be made to the inquirers and collectors for the
parish or county respectively where the person making the return lives
the greatest part of the year.
V. That where inquirers receive returns of lands without specification of
the parish or county in which thev lie, or of lands Ivino; in the parish or county f*^"" Jl^"' '"
,."..,, - , . •' , . , -' " ' , , T • case ol impro-
of which the person who receives the return is the assessor, and the qualities p^,. returns,
of which are unknown to the person making the return, the inquirers who
receive such returns shall, in Ijoth cases, value the lands so returned at not
less than one shilling nor more than six pounds per acre, according to the
best information they can get of the quality and situation of the lands so
returned.
VI. That every person who shall have reason to believe he or she is over-
rated, or whose attorney or attornies shall have reason to believe he or she Persons over-
is overrated, by such assessors, shall, at the time of payment of his or her tax, sjvear off the
be allowed to swear off so much as he, she or they, or his or their attorney overplus.
STATUTES AT LARGE
estate, &c.
when to be
paid.
A.I). ir:w. or altoniics, shall think they arc overrated, before the assessoi-s or coi-
"-^^^^"'^^ lectors as aforesaid ; and the said assessors and collectors, or any of them,
are hereby empowered and rei(uired to administer such oath, and shall
allow an aliatftnent accordingly.
VII. That all persons whosoever, any ways liable to pay tax, shall pay
Taxes on real '" '''^''' '^xes to the several persons hereby ajipointed to receive the same,
on or before the iirst day of June, one thousand seven hundred and eighty-
nine; and all persons liable to pay taxes by virtue of an Act entitled " An
Act for raising supplies for one thousand seven hundred and eighty-seven,"
passed the twenty-eighth day ol" March, one thousand seven hundred and
eighty-seven, shall pay in the same to the persons appointed to collect the
same, on or before the Krst day of June, one thousand seven hundred and
eighty-eight, any law, &c. to the contrary notwithstanding; and the col-
lectors shall siive a receipt to the per.son paying the same. And the said in-
cjuirers, a.ssessors and collectors, for the several parishes and countie.-; re-
spectively within this Stale, shall close their accounts with the trea.surers on
or before the first day of November, one tliou.sand seven hundred and eighty-
nine ; and at the closing of their accounts they shall exhibit two lists, one
containin-: all the taxable proi)eity returned to them, annexed to the names
of the persons who returned the same, with the sums paid by them re-
spectively; a second, all the taxable property lyinj; and being in the jiar-
ish or county, which has come to their knowledge, and has not been
returned ; which lists shall be given to llie treasurers, and their accounts
closed on oath, in the following words: " I, A B, do swear (or aflirm, as
the case may l>e) that the accovints I now give in. and the lists 1 now re-
turn, are just and tiue, according to the best of my knowledge, and that
1 have used all legal means in my power tr) obtain payment of the taxes
imposed by this law, in the parish or county in which I have been appointed
inquirer, assessor or collector." Which oath the treasurers, or either iif
them, are hereby empowered and rei|uircd to administer And the col-
lectors for each parisli or county shall give an accr)unt in writing, ujion
oath as aforesaid, of tlieir own lands, slaves, and other taxable j)roperty,
to the commissioners of the treasury, and pay the taxes thereon, according
to th« rates appointed by the tax Act for such year respectively.
V^lll. That if any person or persons, in giving in or rendering his or
her account t)f taxable property, shall wilfully conceal any ]iail lliereof,
all such persons shall forfeit five times tin; value of the tax of what they
have so concealed.
IX. That any person neglectinu; or refusing to give in his or her acc(Uint
When deemed of the lands anil slaves iit other taxable properly, to the itii|uirers, assessoi-s
aicuu ler. ^^^^j collectors al'oresaid, respectively, at such time and place as they shall
appoint, (ui or by the first Monday in Sepleniber next, fi)r Charleston, and
the first Monday in October next, and on or before the aforesaid days in each
and every year llieieafler, for all other paits of the State, be or she shall be
deemed a defaulter, and shall be by the in(|uirers and ciillecl(U\s doubly
taxed for all his i.r hi-i lands nr slaves, or other taxable property, accord-
ing to lh(> best informal ion the iixjuirers can get of his or her taxable
prop(!rty.
X. That in case any pcrsim nr persons whosoever shall neglect or refuse
Wnrrnniwin hot,, p.,y i„ |,j,_ her or their lax, at I he days anil limes heri'inbi'fore mentioned
dHuultem. and appointed for the payineul iheicol. tin? in(|uir(!rs and collectors respec-
tively shall imtnediaKrIy hang up for ten days a list of defaulters at the Ex-
clian-ie in t'liarleston, and some public place in the respective ]>arishes en-
counties, ami if the taxes are not paid within these ten days, they shall, with
out further delay, levy the same, by viilne of a warrant by them respectively
Ponnlty on
concculinent.
p
OF SOUTH CAROLIXA. 53
to be signed nnd sealed for that purpose, which warrant shall he directed to '^- '*• 1""^-
the constable or constables living nearest to the place where such defaulter ^-^""^^■"^^-^
lives or resides, or to the sherift'of the city of Chaileston, if such defaulter
lives, or if the property of such defaulter lies, within the limits of the said
city, requiring him or them to levy the same by distress and sale of the
defaulter's estate, to be paid in special indents, specie, or the paper me-
dium, returning the overplus, if any there be, to the defaulter, upon de-
ducting the reasonable charges. And if no such distress can be found, and
the defaulter shall neglect or refuse to point out lands, or to produce goods
or effects, whe eon the monies so assessed may be forthwith levied, then
the said constable or constables, or sheriff' of the city of Charleston, by
virtue of the said warrant, shall take the body of such defaulter and convey
him to the common gaol in the county or district where such defaulter re-
sides ; which warrant shall run in these words, (making the proper alter-
ation): " Collector of the general tax. for the parish or <listrict of F"''" oftli"
to constable for the cimnty or district , (or to the sheriff for
district or county, or sheriff" of the city of Charleston, in the State
of South Carolina, or to his lawful deputy :) Whereas hath been
duly assessed by me, the subscriber, collector of the tax for the parish or
county of , the sum of , for defraying the charges of the ,
which hath neglected to pay ; these are, therefore, in the name of the
State, strictly to charge and command you to levy, by distress and sale of
the lands, goods and chattels of the said , the sum of together
with the charges thereof; and in case the said shall refuse or neglect
to point out lands, or produce goods and chattels, sufficient to levy the said
distress and the charges thereon, that then yc>u take the body of the said
and convey to the common gaol in the district or county, com-
manding you the keeper of the said gaol to detain the body of the
said in his custody until shall pay the 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 ." And the sheriff or other offi-
cer keeping such gaol, shall detain such person in the gaol without bail or
mainprize, until the debt and charges aforesaid shall be satisfied. And the
constable and constables to whom such warrant shall be directed shall Fcp? nfconsta-
take from such defaulter the following fees in the execution of their office, "'''*^' '■'"=•
to be paid in the current money of the State, viz. for serving every execu-
tion four shillings and eight pence, and for all sums to be levied as aforesaid
five per cent., and no mileage or any other fee whatever ; and the asses-
sors and collectors respectively for every such warrant he or they shall
issue, shall also have from such defaulter two shillings and six pence.
XI. 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 Penalty on
time limited by any tax Act hereafter to be passed, or shall omit or neglect ma'ke'remrn
to pay his or her own tax, or the tax to be assessed, by virtue of any tax or pay tax.
Act hereafter to be passed, on any person for whom he or she is guardian,
executor, attorney or trustee, by the time limited, the said collectors re-
.spectively where such taxable person lives, are hereby empowered and
required to issue their warrant, in the same manner as above directed ; and
in case the said assessors and collectors shall not have just information
what such person's tax doth amount to, the said warrants shall run for
double what they shall judge such persons ought to be rated, and such per-
sons shall be dealt with in all other respects as defaulters.
XII. That the taxes imposed by any tax Act shall be preferred to all
securities and incumbrances whatsover ; and that in case any person shall
54 STATUTES AT LARGE
A. D. 1788. happen to die between the time of giving in his or her account of his or her
^■^"^''^^ tax, and any (roods or cliattels of the deceased, to the value of the sum he or
Ta\ablos dv- *'><? "'^*' assessed at, shall come into the hands of his or her executors or
ing or Jepurt- administrators, they shall jiuy the same by the time before limited, prior to
'"^" all judujments, mortjages and debts whatsoever, or otherwise a warrant
of execution shall issue against the proper lands, goods, and chattels of
such executors and administrators. And if any person between the time of
rendering the account of his or her estate to the in<]uirers or collectors as
aforesaid, and the time of ]iaying his or her tax, shall be about to depart
this State, the said assessors and collectors are hereby directed and re-
quired forthwith to levy the same, notwithstanding the day of payment is
not already come, uidess such persons shall find securities to be approved
of by the assessors and collectors for the payment thereof at the time
appointed.
XIII. That the commissioners of the treasury, inquirers, sheriffs, con-
Penalty on ofii- stables, and every other magistrate and officer, or any or cither of them,
gleet." ' who shall neglect or refuse to do and perform the several matters hereby,
or any of the tax Acts in which such treasurer, inquirer, sheriff, constable,
an<l every other magistrate and officer shall be concerned or made liable
to any duties re<iuireri of them respectively to be done, within the lime
prescribed by this Act, or any of the tax Acts in which such treasurer, in-
quirer, sheriff, con.stable, arid eveiy other officer, or any or either of them,
shall be concerned or made liable to any duties, shall, for every such neg-
lect or refusal, forlVit the sum of one hundred jniunds ; and the several as-
sessors and collectors, or any or cither of them, who shall neglect or
refuse to do and i)ertbnn the several matters hereby rc<|uired of them re-
spectively to be done, within the time prescribed by this Act, or any of the
tax Acts, in wliich such assessors an<l collectors shall be concerned or made
liable to any duties, shall, for eveiy such neglect or refusal, forfeit tiiesum
of three huntlred pounds ; to be sued for by the commissioners of the
treasury, for the use of this State, or by any other person or persons who
shall sue for and recover the same.
XIV. That in case any assessor or collector of the present or any former
„ ,. , or anv future taxes shall nesrlect or refuse to give in, upon oalh, to the
Penalty on col- -. . „ , ~ . , » ',-,,•
lectors for (Ic- commissioners of the treasury, a just and true account ot all monies re-
fault, ceived by him or them, or due to the State, on account of the tax herein
imposed, or on account of any former lax, or wliich shall be hereafter re-
ceived by him or lliein, or which shall become due to the State on accouiil
of any future tax, within their several and respective districts, by the lime
herein limited, that then it shall be lawful for the commissioners of tlm trea-
sury for the time being, or any one of ihcm, by warrant under his or their
hands and seals, to cummit such as.sessors or collectors to the common ufiiol
in the district wherein he resides, there to remain, witluuil liail or mainjirize,
until he or they shall have rendered upon oath, to be taken before one of
the justices of the peace, a full and salisfacloiy account of, and shall have
paid, all such sums as aloresnid by him or them collected during the lime
lie or they were collc'clors, and sliall have given in Ifi llie cominissioners of
the treasury an account of all iiKniies received by him or iheni, which are
or shall become due to this Stale, by virtue of this or any former or any
future tax Act, and the reasonable charges of such commitment.
XV. That in ca.se any of the iiir|uirers, assessors and colleclors apjioinled
VarancicK how by any tax Act, should liappiMi In die, refuse to act, or depart this Stale,
to l>c filled. „r remove out of the parish ordislrici for which he is by any tax yNcI ap-
pointeil, before he shall havi- (|ualiliei1 as is herein direcleil, then his Ex-
cellency the Governor or Commander-in-chief for the time being, is hereby
OF SOUTH CAROLINA. 55
empowered, fiom time to time, so often as occasion shall require, to norni- A. D. 1788.
nate and appoint one or more fit person or persons in the room of him or ^-'^"•''''^^
them so dying, refusing to act, or departing this State, or removing out of
the parish or district ; and the person or persons so appointed shall have
the same powers and he under the same penalties as the inquirers, assessors
and collectors nominated by any tax act.
XVI. That the commissioners of the treasury for the time being, or either
of them, be, and they are hereby, empowered and required to issue execu- Commissioners
tions asfainst all former constables, shenfis, and collectors of taxes, and all "f ''^"^ treasury
• ,■ 1 ■ M 1 11 ^ r 1 t" coiiinel pav-
persons m arrear tor taxes, and against all assessors and collectors or tne„|(jntol'arreara.
present or future tax, if the same shall not be paid on or before the time is
elapsed foi' paying the same ; aiyl he and they is and are hereby directed
and required to prosecute all and every person or persons whatsoever neg-
lecting or refusing to do and perform the several matters required by this
Act, for the recovery of the penalties inflicted by the same for any refusal
or neglect.
XVII. That every person shall be liable to pay taxes for the property,
real or personal, of which he or she shall stand seized, or having the cus- Time of pay-
tody of, either as attorney or agent, or guardian or executor, or in his or
her own right, as tenant in fee simple, or by courtesy, or for life, or in right
of his wife, on the first day of October next ensuing, and on the first day
of every October in each and every year thereafter ; and all taxes on real
or personal property which shall be sold and conveyed on the said first day
of October next, and after the aforesaid first day of October in each and
every year thereafter, shall be returned and paid by the seller thereof;
any law, usage, or custom to the contrary notwithstanding.
XVIII. That all and every person or persons heretofore acting, or who
may hereafter act, as an attorney or attornies, trustee or trustees, for any per- J^"^'"'"'^® ?"r_
son or persons not residents within this State, and who shall decline acting sent persons,
any longer as such, shall make oath before the collectors respectively that I'^ble for the
he hath bona fide renounced his power and attorneyship before the pay-(,'jj(],p ' " ^j-
ment of the said tax becomes due, without having done it with an inten-of suchabsen-
tion 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 attor-
ney or trustee shall be liable to pay the said tax as is hereinbefore directed, ■
any thing hereinbefore contained to the contrary notwithstanding ; and for
levying whereof the same remedies shall be, and they are hereby, given
as for levying the tax to become due by virtue of any tax Act on the pro-
per estate of such attoniey or trustee.
XIX. That in case any tract or tracts of lands, negroes, or any other tax-
able property, shall be found by the inquirers or collectors to belong to any Land,&c. ofab-
person or persons living or residing out of the limits of this State, and who ^^"Jj.°"g"^j°J^jj^
have no attorney or attornies, trustee or trustees, legally constituted, in advertised,
this State, or which have not been returned to any of the inquirers, asses-
sors or collectors appointed by any tax Act, then and in such case the in-
quirers, assessors or collectors shall be, and they are hereby, authorised
and required to charge. the said lands, negroes, or any other taxable pro-
perty, for the payment of all taxes due by virtue of any former or future
tax Act, rateably and propoi'tionably, according to the quantity and quality
of the lands, negroes, and other taxable property, as if the same were in
the actual possession of some person or persons living and residing in this
State, and forthwith to publish and give notice of such their charge and
assessment in the several Gazettes of this State. And in case the sum or
suras of money with which such lands, negroes, or any other taxable pro-
5G STATUTES AT LAKGE
A. n. I7SS. jjerty, shall be so charged as afoie.said, and the lawful interest from time lo
^-^''^^^'"^ time of the assessment made, shall not be paid to the inquirers, assessors
in'one "ear"' ^'"^ Collectors, within one year next after notice shall be given as afore-
Irnidii, &c. <ln. said, that then such lands, netrrot-s or other taxable proju'ity, shall be for-
cliurcd lorfeit. fj-ited to the State, and shall lie sold at public vendue by the commissioners
of the treasury for the time beiiiu^, for general indents of this State. Pro-
vided always, that nothing in this Act contained shall extend to prejudice
the rijihts of infants or fcmnte coverts, who shall be entitled to their lands,
Proviso. ne<;iocs, or any other laxalile property, upon claiming the same, within
two years after they ctmie of age or become discoverts, upon their paying
and disi-harning all taxes and arrears of taxes that shall and may be due
and unpaid thereon, and satisfying the lessee of such lands for all improve-
ments made thereon
XX. That the commissioners of the treasury are hereafter required to
Treasurers to furnish co]iies of any tax Act to each of the assessors or collectors here-
J}-™'? ^ct!'" after appointed, within three months after the ])assing of any tax Act,
and their reasonable expenses incurred thercSty shall be reimbursed.
XXI. A/id be it further enacted by the authority aforesaiti. That the
Iiiquirera and inquirers, assessors, and collectors of the taxes, shall give bond before the
collectors to justices, of the county courts, wliere county courts are established, in the
sum of one thousand pounds, with security, to be approved of by the said
justices, for the faithful discharge of the duties of their office, and which
said bond sh:dl be lodged by the said justices in the treasury of this State.
XXII. And he it furtlivr enacted by the authority aforesaid, That the
Bonds to bo inquirers, assessors, and collectors of the taxes for the parishes and coun-
oiie"oraiore '^ I'fcs where no county courts are established, shall be obliged to give bond
justices of ilic before two or more justices of the said parish or county, with security to
peace. {,g [,y iliefu approved, in the like sum of one thousand pounds, for the ]>ur-
poses aforesaid : Provided, nevertheless, that the inquirers, assessors, and
collectors of the taxes for the pariohes of St. Philip and St. Michael,
Charleston, shall be obliged to give bond to the conimissionei-s of the trea-
sury in the sum of ten thousand pounds, with security to be by them ap-
proved, for the purposes aforessid.
XXIII. And be it fiirl/irr enacted by the authority tiforesaid, That the
Offices to bo inquirers, assessors, and collectors shall continue in their respective offices
e'ooiI bchuviour''"''"'' S""^'' ^"^haviour, and be accountable for all moneys received for
taxes by them res])ectively.
XXIV. And be it further enacted by the authority aforesaid, That the
Inquirers, &c. several inquirers, assessors, and collectors of the taxes, shall be liable lo
liable to prosC' . i i i , , i u. ,. , -• ,• ,, ,
cuiion. "c prosecuteil liy the attorney general on beliall ot the t<tate lor all losses
and damages that may be sustained by any omission or breach of duty.
XXV. And whereas, doubts have arisen with respect to the limits of
Limitii of.St. ,St. George's parish, Dorchester; Be it ///crc/orc cw«r/r(/ by the authority
i»h"uorcl!c»ter"'""'"^'*"'''' ''"'''" ''"^ inliabilants residinsj on the northe;ist siile of lOdisto
river, from the month of the I'our Hole Creek to the ()rnnneliuri;li ilis-
tricl line, and also the inhaliilants on tiie northeast side of the Four Hole
Swamp, from the mouth of Dean Swamp, on a direct line to Izard's C<iw-
peii, shall be considered as belonging to the parish <if .St. Ceorijes's, Dor-
chester; and the inrpiirers, assessors and collectors of the parish of St.
George, I)orcliesti>r, are hereby recpiired and authorized to demand and
recover the taxes from the inhaliitants residimj wiihiii the limits afoiesaid.
imposetl by the tax law of this year, and also all arrears of tiixet; thai may
be due from ihem for the years one llioiisand seven humlred and eii;lity-
tliiec, oiiu thousand seven hundred and ei'.;htv-foiir, one tliousanil seven
OF SOUTH CAROLINA. 57
luiiulied ami eighty-five, one thousand seven hunilretl and eighty-six, and A. D. ires.
one thousand seven hundred and eighty-seven. v.i^'v^^
XXVI. A/id be it fur/her enacted by the authority aforesaid, That all Penaliies to be
penalties may he sued for under this Act by anj' person or persons what-^"^° '"■'•
soever, which, upon recovery thereof, shall go one-half to such person in-
forming or suing for the same, and the other half to the State.
XX VII. Be it further enacted by the authority aforesaid. That if any of
the assessors, inquirers, collectors, commissioners of the treasury, sheriffs, P"sons may
constables, or other persons, shall be sued for any matter or thing by him {.'^il^^yg^ ^'^° "
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 dis-
continue his action, the said defendant or defendants shall recover treble
costs of suit.
In the Senate House, the twenty-seventh day of Febniary, in the year of our Lord one
thousand seven hundred and eighty-eiglit, and in the twelfth year of the Independ-
ence of the United States of Aineriea.
JOHN LLOYD, P resident nf the Senate.
JOHN J. PRINGLE, Speaker nf the Houac of Reprcsentativet.
AN ACT FOR RAIStNG SUPPLIES FOR THE YKAR ONE THOUSAND SEVEN No. 1384.
HU.XDKED AND EIGHTY-EIGHT.
WHEREAS, we, the representatives of the free and independent State
of South Carolina, in General Assembly met, have thought it expedient Preamble,
and necessary that a tax, for the sums and in manner herein mentioned,
should be assessed, raised, and paid into the public treasury of this State
for the use and service thereof;
I. Be it therefore enacted, by the honorable the Senate and the House
of Representatives of the State of South Carolina, now met and sitting f?''"^''l''^V
in General Assembly, and by the authority of the same, That the sum f)f
one per centum ad valorem, shall be, and is hereby, imposed on all lands
granted within this State, and in the manner and under tlie several regula-
tions beieinafter set forth and expressed, that is to say : 1. All tide swamp
not generally affected by the salts or freshes, of the first quality, shall stand
rated at six pounds per acre; of the second quality, four pounds per acre;
of the third quality, two pounds per acre ; all pine barren lands adjoining
such swamps, or contiguous thereto, with respect to the benefit of water
carriage, at ten shillings per acre ; all prime inland swamp, cultivated and
uncultivated, at an average of three pounds per acre ; second quality,
ditto, two pounds per acre; third quality, ditto, one pound per acre ; pine
barren lands, adjoining or contiguous thereto, at five shillings per acre ;
salt marsh or inland swamp, clearly proved to tlie assessors to be incapable
of immediate cultivation, five shillings per acre. 2. High river swamp, or low
grounds, cultivated and uncultivated, including such as are commonly called
second low ground, lying above the flowing of the tides, and as high up
the country as Snow Hill, on Savannah river, the fork of Broad and Saluda
livers, on the Consarees, Graves's Ford on the Wateree, and the boundary
VOL. v.— s:
58 STATL'THrS AT LA1U;E
A.D. 1788. liue (,„ Petlee ; the first quality at tlnee j)omiils per acre ; tbe second
^-^^'"^•^ quality at two [louuils per acre ; the third quality one pound per acre ;
except such as lie so low as to be clearly proved to the assessors to be in-
capable of immediate cultivation, which shall be assessed at five shillings
per acre. 3. All hit^h river swamp, or low grounds, lying above Snow Hill,
the fork of Broad and Saluda rivers, Graves's Ford, and the old Indian
boundary line, fifteen shillings per acre. 4. All hi'.rh lands without the limits
of St. Philij)'s and St. Michael's parishes, on John's island, James island,
and on the main, within twenty miles of Charloslon, at one pound per acre.
/). All lauds on the Sea islands, Slann's island included, or lying on or con-
tiguous to the seashore, usually cultivated, or capable of cultivation iu
corn or indigo, and not within the limits prescribed in class number four,
one pound per acre. G. All oak and hickoiy high lands lying below
Snow Hill, the fork of Broad and Saluda rivers, Graves's Ford, or the
boundary line on Pedee, and not included in the limits or description of
the two precedinir classes, numbers four and five, at fifteen shillings per
acre. 7. All pine barren lands not included in classes number one, four,
and five, to be assessed at one shilling per acre. S. All oak and hickory
high lands lying above Snow Hill, the I'ork of Broad and Saluda rivers,
and Graves's Ford, the first quality, eight shillings per acre; the second
quality, five shillings per acre ; the third quality, two shillings per acre.
9. All oak and hickory lands above the old Indian boundary line, the first
quality, six shillings ])er acre ; the second ciualitv, three shillings per acre ;
the third quality, one shilling per acre. That all lands within the parishes
of Sl Philip and St. Michael, shall be assessed in the same manner and
upon the same principles as houses and lots in Charleston, and in a rela-
tive propoilioii to the lauds in the country.
n. And hi; it further cniicttrl by the authority aforesaid, That the sum of
Rate of taxing nine shillings and four pence shall be levied on all negroes and other
s ave8, c. slaves whatsoever, within the limits of this State, and the sum of one per
cent, on every hundred pounds value of every lot, wharf, or other lands,
and on all buildings within the limits of any town, village, or borough, in •
this State; and the sum of nine shillings and four pence u])on each wheel
of every carriage, except wagons, carts, and drays ; and the sum of nine
shillings and four pence upon every free nogroe, mulattoe, and mustazoe,
from sixteen to fifty years of age; and the sum of one percent, on every
hundred pounds of every person's stock in trade, of persons in trade, shop-
keepers and ollurrs ; and the like sum of one ]>er cent, on the profits of
faculties and professions, (clergymen, schoolmasters and schoolmistresses
excepted,) and factorage employments thnmghout this Stall- — lo be a.scer-
tained and rated by the several assessors and collectors hereinafier named,
accordintr to the best of their knowledge and information ; lo be paid in
special iudenis, specie, or the paper medium of this State.
HI. And he it further enacted by the aulhorily aforesaid, That to facili-
Spccinl indrnui fte the payment of taxes hereby imposed, immediately after the passing
to be eniittfd. of this Act special indents shall be issued to the amount of all the interest
on principal indi-nts due on or before the first day of April next; and on
the first day of every succeeding January, in the same manner, sjiecial in-
dents for all interest that may accrue to and for the fiiut day of April fid-
lowing. Which special indents shall be of the following denominations,
viz.
1200 of - fJO - - - £21.000
2200 ... 10 . . . 22,000
2200 - (i 13,200
1200 . . . :, 6,000
OF SOUTH CAROLINA. 69
1200 - . - 3 . . - 3,G00 A.1).I7S8.
1000 ... 2 - ■ - 2,000 v-^v^
2000 ... 1 . . - 2,000
2400 - - - 10s. - - - 1200
3500 - - . 5 . . - 875
1000 - - . 1 6d.'- - - 75
1000 ... 1 . . . 50
.£•75,000
800 of - - .£20 - - - .£16,000
1422 - - - 10 - - - 14,222
800 - - - 6 - - - 4,800
2800 - . - 5 . , . . 14,000
489 - - - 2 - - - 978
cCSO.OOO
And be printed in the presence and under the directions of, and be signed
by, James Ballantine, Jacob Deveaux and James Kennedy, or any two of
them, and with such devices as they, or any of them, shall direct ; and
they shall receive the sum of forty pounds each for their said services. And 0i|.gc[ii,ng ^„
the said special indents shall be countersigned by one of the commission- be obseived in
ers of the treasury, and delivered to the holders of indents, their agents, 1"™'"? ^^aid
or attorneys, any time after their said interest shall become due and pay-
able, as aforesaid ; and on the payment of these special indents, a receipt
shall be endoised on the principal indents respectively, for the interest so
received ; and the said special indents shall be received by the collectors and
treasurers in payment of taxes, when they shall be crossed with a pen and
tiled : provided, that no special indent shall be issued to any person or his
order, who shall be indebted to this State on indent, and which debt, or
the interest thereon, shall be due at the time of application for such special
indent, until the person or his agent shall have hrst discharged such debt
or demand so due to this State.
IV. And be it further enacted by the authority aforesaid, That the spe- Special indents
cial indents for the years 1784, 1785, 1786, and 1787, be indiscriminately ;" payment of
received in payment of the taxes imposed by this .Act or the Acts impos- taxes.
ing taxes for the years 1784, 1785, 1786 and 1787.
V. And be it further enacted by the authority aforesaid, That the
monies arising from specie, notes and bonds in the treasury, for duties, fof^i™'fore'icn
taxes and amercements, be appropriated to the payment of interest on the debt,
foreign debt.
VI. And be itfui ther enacted by the authority aforesaid, Tljat the monies
which shall arise from duties and the vendue tax from the first day of Jan-
nary, one thousand seven hundred and ei2;hiY-eight, to the first day of Jan- ^ ,
, , ,^,-'K, -.jc. Further appro-
uary, one thousand seven hundred and eighty-nine, be appropriated, nrst, p,.;ation9.
to the payment of all persons described and entitled to pensions, in and by
virtue of the Resolution of the Legislature passed for their relief the fif-
teenth day of March, one thousand seven hundred and eighty-six ; and sec-
ondly, to the payment of the civil list : next, of the contingent expenses
of Government; and lastly of the interest on the foreign debt.
VII. And be it further enacted h'^ \.\\e VAXlh.oiiXy aforesaid. That whoso-
ever shall erase or counterfeit, or utter any erased or counterfeited special f^JpJij '° i"oun-
indents, to be emitted as aforesaid, or shall pass, or offer to pass, any of
them, knowing them to he altered, erased, or counterfeited, shall, on con-
viction thereof, suffer death without benefit of clergy.
STATUTKS AT LARGE
ColUctorn to
be alfio U148CS-
sorfl and en-
quirers.
Their roiiipcil'
fcUliuD.
A'^1 1 1. AjuI be It further ciiaetnl by ihf autliiirity aforesaid, That the I'ol-
Idwiiil; persons shall be, and are hereby appointed, collectots and assessors
for the parislies and ci>unties, as lieceiiiafter mentioned, that is to say: For
the parishes of .St. Philip and St. Michael, Charleston, one for each parish,
Edward Trescot and William Roper; for the parish of Christ Church,
Clement B:o\vn; for the jiarish of St. John, Herkley county, Kealini;
Simons; for the parish of .St. Aniirew, .lames Island excejtted. Captain
Abraham Ladson ; and for .lames Island, William Rivers, Jr.; for the
jiarish of St. Geortre, Dorchester, Morton Waring; for the parish of St.
James, Goose Creek, Henry Gray ; for the paiish of St. Thomas and St.
Dennis, Thomas Harwon ; for the parish of St. Paul, that is to say, for
the south side of Cacaw swanii), as far as Colonel Skirving's, and along the
main road to Jacksonboroiich, Pon Pon, Wiltown, and To^odo, Thomas
Farr, Jr. ; and for the north side of the Swamp, Beech Hill, and Horee
Savannah, in the said parish, Rnbert Miles; for the parish of St. Bartholo-
mew, Colonel Peter Yountrbloud ; for the islands in the parish of St. Hel-
ena, except Lincoln county, William Joyner; and for that ))art of the
parish situate on the main, James Garvey; for the parish of St. James,
Santee, Charles Gaillard ; for the parish of Prince George, Winyah, Tho-
mas Dunbar ; for the parish of .Ml Saints, John Morrall ; for the ]iarish of
Prince Frederick, John Thompson Greene; for the pan.-li of St. John, '
Colleton county, that is to say, for Wadmelaw and .lohn's Island, Thomas
Hanscoinbe ; for Etlisto Island, Tliomas W'haly ; for the parish of St.
Peter, Lincoln county excepted, Peter Porcher ; for Lincoln county, .lohn
Pai.sley ; for the jiarish of Prince AV'illiani, John Li^htwood ; for I lie ]>ar-
ish of St. Stephen, Captain John Palmer ; for Clarendon county, Camden
district, William McConnico ; for Richland county, John Hopkins; for
Fairfield county, Robert Craig; for Clairmdiit county, William Muirell
and .rohn Huggins ; for Lancaster county, Eleazar Alexander; for York
county, Alexander Moore ; for Chester county, John Mills, Jr. ; for Abbe-
ville county, Ninety-Six district, Patrick Calhoun, and above tlie ancient
Vwundary line. Captain John Wilson ; for Edijefield county, ditto, William
Anderson ; for Newbury county, ditto, Philemon Waters ; for Laurens
county, ditto, .lonathan Johnson; for Spnitanburgh county, ditto, William
Benson; for I'liiim county, ditto, John Blasiiigame ; tor (irecnville coun-
ty, ditto, Robert Maxwell; for Lewisbiirgh county, Oi-angeburgh district,
W'illiam Hcatly ; for Orange county, ditto, Lewis Lesteigelte ; for Lex-
intrton coiiiiiy, ditto, John Byiiiim ; for Winton county, ditto, Colonel
A\'illiain Davis; for Marlborough couiily, Clieraw district, .losiali Evans;
for Chesterfield county, ditto, Captain Calvin .*>pencer ; for Darlington
county, ditto, John McCall.
IX. And he it further enacted by the authority aforesaid. That the
persons so appointed collectors shall also dischariie the duty ami oHice ol'
cn<|uirer3 and assessors for their respective pari.shes anil counties.
X. yfn<//>c »V /■«/•///(•/■ cnrtc/ci/ by the authority iilbresnid. That the persons
appointed en<)uirers, as.sessors and collectors, shall, for their service in the
discharije of their duties, receive, on closing their acrount.s with the com-
missioners of the treasury, four per centum, except for the parishes of .St.
Philip and ."^t. .Michael in Charleston, who shall receive twf> per centum, <pn
till! amount of the taxes by them colh'cled, to be paid lo llic several col-
lectors aforesaid out of any moneys in the treiisurv.
XI. And be it further ennrtrd by the aiilhorily aforesaid, That no mem-
ber of the Legislature, while he conliniies such, .shall be ii tax colli-clor.
XII. And hi it further eniirlnl hs the aiilhorily afiiresaid. That when all
the collectors that were appointed for any parish or county are dead, and
OF SOUTH CAROLINA.
Gl
tlie tax returns not closed with the treasurers, the ensuins; collector be di-
rected, and he is hereby directed and ordered, to demand receipts, or to
administer an oath, or to procure other satisfactory proofs from the per-
sons of the county or parish, that he has paid his taxes for the preceding
years, in order to discover the taxes still due, and to enable the public to
ascertain what sums of money are due by the estates of the deceased col-
lector ; and should the executors or administrators of the deceased collec-
tor refuse to produce the accounts of the deceased, or give information on
the subject, the commissioners of the treasury are hereby ordered to put
the law in force against the estates of the deceased collectors.
XTII. And he h further enacted by the authority aforesaid. That the said
assessors and collectors shall do and perform all and singvdar the duties
appertaining to their office, as described in an Act entitled "An Act for
declaring the powers and duties of the enquirers, assessors and collectors
of the taxes, and other persons concerned therein."
XIV. And be it further enacted by the authority aforesaid, That the com-
missioners of the treasury are hereby directed to furnish copies of this
Act to each of the assessors and collectors hereby appointed, within three
months after the passing of this Act, and their reasonable expenses incur-
red thereby shall be reimbursed.
XA'^. And he it further enacted by the authority aforesaid, That the com-
missioners of the treasury are hereby directed to call upon the collectors
of the tax for the years 1783, 1784, 178-5, 1786, and 1787, and that the
said collectors shall make a return upon oath of all the monies which they
have received for taxes, and shall be obliged to make out a just and true
account of all the defaulters in their several parishes or districts, to the
present collectors, who shall hereby be authorised and empowered to col-
lect and leceive the same.
Duly of the
assessors and
collectors.
Treasurers to
furnish copies
of this Act.
Returns to be
made by former
colleclors.
ESTIMATE
Of supplies wanted for the support of Gnrernment, for the year one thousa)id
seven hundred and eighty-eight.
His Excellency the Governor's salary, - - - - - £ 900 00 00
Four Judges of the General Sessions and Common Pleas, at £500 each, - 2000 00 00
Attorney General, - ..... 200 00 00
Three delegates to Congress at £600 each, .... 1800 00 00
Secretary to the Governor and Clerk to the Privy Council, - - - 150 00 00
Auditor of public accounts, ...... 37? 00 00
Two Commissioners of the Treasury, .... - 571 00 00
And for their extra services, and clerks, .... 4600000
And for one other clerk, - - . . . - MO 00 00
Clerk of the Senate, - . - - ' - . 287 00 00
Clerk of the House of Representatives, .... 287 00 00
Two messengers, one to each house, at £70 each, ... 140 00 00
Two doorkeepers, ditto, at fifty pounds each, .... loO 00 00
Powder Inspector and Arsenal keeper, ..... 100 00 00
Three Judges of the Court of Chancery, at £500 each, ... 15000000
Collector of the Customs for the Port of Charleston, ... 5000000
Collectorof the Customs for the Port of Georgetown, ... 1000000
Collector of the customs for the port of Beaufort, . - . 100 00 00
Searcher of the customs for the port of Charleston, ... 1500000
Two Waiters of the customs for the port of Charleston, at £100 each, - 200 00 00
Waiter of the customs for the port of Georgetown, . - . 30 00 00
Waiterof the customs for the port of Beaufort, - - . - 20 00 00
£ 10,108 00 00
62
STATUTES AT LARGE
INCIDENTAL CHARGES
Expenses of lUe Menibors of ihe Legiblalure, - - ■ - 4<HX) 00 00
Primer's bill, - - - - - - 300 00 00
For the imnsient poor, ...... 1000 Oil 00
Interest of the doraoslic debt, -...-- 75,0000000
Provision for Congress, to be paid in facilities, $108,996
Interest due 10 foreign creditors, to Jan. 1st, 1788, - - 19,306 17 'ii
Amount of Pensions, Annuities, 4c. Ac. .... 1600 00 00
For Ihe maintenance of the post of Fort Johnson, - - 265 00 00
For the payment of Resolutions of the General Assembly, - 5.500 00 00
For building Court Houses iind Gaols, ..... 7,8260(100
Coniingent fund, to remain subjuct to the Governor's drafts, - 3000 00 00
Clerk to the Commissioner of .\ccounu, .... 1500000
Resolutions of the Legislature, to be paid his Excellency the Governor,
92,000, for Indian affairs, - - - - - 466 13 04
In the Senate, Wcdncsilav, tlie tnenty-scveuth day of Februarv, in tlie year of our Lord one
lliousund seven hundred and eighty.eiglil, a;id in tlie twelfth year of the Independence
of the I'nilcd States of America.
JOHN LLOYD, President of the Senate.
JOHN J. I'ltlXdLE, Speaker of the House of' Representatives.
No. 13S5. AN ACT to amend an Act entitled "An Act for cstahlisliing a
J\larket in the Town of Gcorgeloun.''
WHEREAS, by an Act passed the twenty-seventh day of March, one
thousand seven hiiiidied and eighty-seven, it is enacti'd that the public
ream c. njaiket place in the town of Georgetown, shall thereafter be and continue
in the centre of Front or Bay street, at the end of Hroad street ; and
whereas, the inhabitants of the said town have jirayed, by their jictitlon to
the Legislature, that the place aforesaid may he altered, and that the place
hereinafter mentioned may be established instead thereof, for the purpose
aforesaid ;
L Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sittintf in General Assembly, and by the
Marketplace authority of the same, That the public market |ilaco in the town of
Georgetown afiiresai<l, shall hereafter be and continue at the end of
Screven street, on Front or Bay street, any law to the contrary notwith-
standing.
In the Senote House, the twenty-seventh <lay of February, in the year of our Lord one
thousand seven hundred and eijchty-ei^ht, and in the twelfUi year of tlie Independence
of the t'niti'd Slfilt's of Auierica.
.KlUN Ll.l)^•I), President of the Srnatr.
JOHN J. I'RINGLE, Speaker of the House of Reprejientahves.
No. 13SG. AN .\CT to aitku vur. v\.\t\: of ncn.niNr. Tiir. Ei.kctions for the
Memiiers ok the Lkgisi.atire and I'Aitisii t)FFui:iis, FOR the
Parish of St. John, Colleton County.
WHEREAS, the holding of the elections for the members of the
Legislature and parish officers for the parish of St. .John, Colleton county.
OF SOUTH CAROLINA. 63
are inconvenient and partial, inasmuch as the said parisli church is not A.D.](88.
centrically situated ; ••~.^'~v~^,^
I. Be il therefore enacted, by tlie honorable the Senate and House of
Rt'presfntatives, now met and sitting in General Assembly, and by the Place for hold-
authority of the same, That all elections ni futuie for members of the "j^^j.^!"'""^
Legislature and parish officers, which shall hereafter be held in the parish
of St. John, Colleton county, shall be at the Rock Landing, at the end of
the public road, on Wadmelavv Island.
II. Be it further enacted by the authority aforesaid. That the commis-
sioners of the high roads shall have full power, and are hereby authorised, A ^'"'''' •'"■'d-
to erect a small building at the end of the public road at the Rock Land- ed for holding
ing, on Wadnielaw Island, for the purpose of holding the said elections ; clectioua.
the expense of which to be defrayed by the voluntary subscription of the
inhabitants of the said parish.
In Ihe Senate House, the twenty-seventh day of Fehniary, in the year of onr Lord ona
thousand seven hundred and eiglity-eight, and in the twelfth year of the Independence
of the United States of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, SjJeakcr of the House of Representatives.
AN ACT authorising Justices of the Peace, where there are no County No. 1387.
Courts established, to issue Attachments against the property of per-
sons who are about to abscond, or remove privately out of the State or
District.
(Passed February 27, 17SS. See last volume.)
AN ACT TO iMPowER Philip Pop.chek to pay hi.s Amkrcement by No. 1388.
A Discount on the General Indents paid to him by this State
for monies lent by him to the public.
I. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same, That from and after the passing of this Act, it shall and may
be lawful for Philip Porcher to pay the amount of his amercement bv a
discount from the general indent given to him for monies lent by him to
this State ; and the commissioners of the treasury are hereby authorised
and directed to receive the same in discount, as full payment from Philip
Porcher, for his amercement.
In the .Senate House, the twenty-seventh day of February, in the year of our Lord one
tiiousand seven hundred and eighty-eight, and in the twelfth year of the Independence
of the United States of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Representatives.
STATUTES AT LARGE
No. 1389. AN ACT authorising persons having in their possession or lakinsr up
runaway Slaves, to send them to the gaols of the districts where ihey
may be apprehended, and not to the work-liouse of Charleston.
(Passed February 27, 17tSS. See last roliime.)
No. 1390. AN ACT to exempt the ESTATK or HeN'UV PkRONNEAT, DECE.ikSED,
FKO.M THE PAYMENT OP THE AMEItCE.MENT I.MP0SED THEHEON.
WHEREAS, Mrs. Mary Peronneau, the widow of Arthur Peronneau,
merchant, deceased, hath, by her petition to the General Assembly, repre-
sented that tlic late Henry Peronneau did, by his last will and testament,
devise and bequeath the residue of his estate to her son, William Peron-
neau, whereby he is become liable to discharge the amercement imposed
on the said estate ; and whereas, it appears from the said petition that the
said Mary Peronneau and her ciiildren have sustained such considerable
losses from the calamities of war and fire, as to entitle them to legislative
attention ;
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That the estate of the said Henry Peronneau be,
i and the same is hereby, exoneiatcd and discharged of and from the
amercement laid on the said Henry Peronneau, by an Act passi-d the
twenty-sixth day of March, one thousand seven hundred and eighty-four ;
any thing therein contained to the contrary thereof in any wise notwith-
standing.
The osiotc of
H. Peronncnii
exeiii]>ird Iroi]
amcrccnicni.
In llic Senate House, the twenty-seventh day of Fcbrunry, in ihcyearof our Lord one
tliousand fovrn hundred nnd eighty -ciglil, niid in the tuelfih year of tl»e Indeprndenc*?
of the liiiled Stiiii'sof Amerioo.
JOHN LLOYD, President of tfie Senate.
JOH\ .1. PIvlXGLE, Speaker of the lloHsr nf Representntirex.
No. 1391. AN ACT Ti^ Ari'tKiiMiiATE rnr. i.sTrursr Ani.tixo from tiik Papku
Medium of this ."^rATK to tmk DisciiAitiiK op the I'oiir.io.v Deut,
IX AM) OK SlXll "Tllril n.NDS AS HAVE IllIEN OR . SHALL P.E HEKEAPTni
APPLIED TO THAT PfHri)Sl'.
WHEREAS, the funds which have been from time to time appropria-
ted to the payment of the fureinn debt of this State have been gri'ally
deficient, and inadei|uati' even t<i the dischart;<' of tlie inlciest thereof, and
the Legislature of this Stale are solicitous to adopt every system which can
expedite the payment of the said debt ;
I. Be it therefore enacted by the honorable the Senate nnd House of
Representatives, now met and sitting in General Assembly, nnd by the
authority of the same. That so much of the interest which siinll grow duo
OF SOUTH CAROLINA. 65
on the paper medium of this State on the first Wednesday in March, one A. I). 1788.
thousand seven hundred and eighty-nine, after deducting therefrom the ^-^"^■'"'^-^
sum of three thousand five hundred pounds, and as much more as will . .
defray the expenses of the loan office, and satisfy the salaries of the com- j„j'i]|"'|'',,','„',™,
missioners of the same ; and that so much of the interest which shall grow of ilie foreign
due on the said paper medium on the first Wednesday in March of the'^'^
years one thousand seven hundred and ninety and one thousand seven hun-
dred and ninety-one, lespectively, after deducting therefrom the expenses
and salaries aforesaid, be, and the same is hereby, appropriated to the
payment of the said foreign debt, in aid of such other funds as have been
or shall hereafter be applied to that purpose ; and the said several sums so
arising as aforesaid from the interest to become due on the said paper
medium, shall not, except as aforesaid, be applied to any other purpose
whatsoever.
In the Senate, Wednesday, the twenty-seventh day of February, in the year of our Lord one
thousand seven hundred and eighty-eight, and in the tweltth year uf the Independence
of the United States of America.
JOHN LLOYD, President of t/ic Senate.
JOHN J. PRINGLE, Speaker of the House if liejiresmtatives.
AN ACT FOlt NATURALIZING J.\MRS AtKINS .\ND JoiliN SlMPSON. No. 1392.
WHEREAS, the said James Atkins, a native of England, and John
Simpson, a native of Ireland, have, by their petition to the Legislature, ffi^amble.
humbly prayed that they may be partakers of the rights, privileges and
immunities of citizens of the Slate of South Carolina;
I. Be it enacted by the honorable the Senate and House of Representa-
tives, now met and sitting in Cieneral Assembly, and by the authority of the jnrneg Atkins
same, That James Atkins, a native of England, now a resident at Camden, and JolinSimp-
and John Simpson, a native of Ireland, now a resident in Laurens county, s^"" idimtted
■»T- .:>■!•■ -I'd 1 ■ • 1 I • T I v' to the rights of
JNinety-hix district, in this State, on their respectively taking and subscri- citizenship.
bing the oaths of allegiance and abjuration, before any one of the associ-
ate judges of the court of common pleas of this State, be deemed, adjudged
and taken to be citizens of the State aforesaid, to all intents, constructions,
and purposes, (and which said oaths any one of the said judges for the time
being is hereby authorised and empowered to administer); any law, usage or
custom tothecontrary thereof in any wise notwithstanding. Provided never-
theless, that nothing herein contained shall extend, or be construed to
extend, to make the said James Atkins and John Simpson eligible to be
members of the Legislature until after they have resided in this State
seven years ; any law to the contrary notwithstanding.
In the Senate House, tlie twenty-seventli day of February, in the year of our Lord one
thousand seven hundred and ciglity-eight, and in the twelfth year of the Independence
of the United States of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the Hou.'ir of Representatives.
VOL. v.— !1.
STATl'TES AT LARGE
No. 1393. AN ACT for grantiHc; the sum of three thousand five liundred pounds
for the buildin(;ofa Court House and .lury Rooms for the District of
Charleston, and for appointing and empowennj; Commissioners to
execute the same.
(Passed February 27, 17S8. .''tc last volume.)
No. 1394. .IjV act to oni.iGK ali, pehsons who have iskcome Citizens of this
State since the Revoi.vtion, and taken thk oaths priscribkd bv
the Act e.vtitled " An Act to confer the rights of Citizenship on
Aliens," passed March 26, 1784, and also a.n Act entitled " An
Act to confer certain rights and privU^egex on Aliens, and for repealing the
Acts therein mentioned," passed Makcu 27, 17S6, to enter their
names in the Secretahv's office, and obtain certificates from
the Secretary of their bei.ng AD.MiTrED Citizens.
WHEREAS, it is necessary and propci that a record should bo
kept of the names of all such |ierson and ])ersons who liave a]>|>lied
for and have been admitted to the ris^hts and ]5rivilei^es of citizenship of
„ . this Slate, by virtue of the Act entitled " An Act to confer the riglits of
Citizenship on Aliens," passed the twenty-sixth day of March, one thou-
sand seven hundred and eighty-four," and also an Act entitled " An Act
to confer certain rights and jirivileges on Aliens, and for repealing the -Vcls
therein mentioned," passed the twenty-second tlay of March, one thousand
seven hundred and eighty-six — that the descendants of such persons as
have become citizens may hereafter, if need reipiire, have an o|)porIunity
of obtaining an authenticated certificate thereof, and also that the public
at large may know who have become citizens of this State, by virtue of
the aiiove recited Acts ;
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives of the State of South Carolina, now silting in General
NnmcBorpcr- Assembly, and by the aullmrily of the same. Thai the Secretary of the
»on» ndmiiipil State for the time being sliall, and he is heii-liy din-cled and i»'<|uired to,
citizens to be keel) a book ill hisullice fur liie purpose of recordini! all certificates which
rci-cirded in Ine , ,', ■ , i . i • , • i i • i i
Srcreiary's Shall be |)io(nicca to nun liy any (lerson or persons who have ohtaincd luo
office. same from either of the judi;es of the court of common pleas, agreeable to
till- direction of the said i ceiled .Acts, of their liavine taken the oallis and
become citizens nf this Sl;ite ; ami after entering ihe sanu- in the said book
of record, the Secretary shall return to all siidi jii'i'son ami |)eisoi)s a cer-
tificate thereof, that he or they may produce the said certificate when so
required; and foi recordim; iIk? same, and giving u certificate thereof as
aforesaid, the secrelury shall be entitled to take and receive a fee of five
shillinss, current money of this .'>tute, and no mori-. And in case any J)ei-
son or persons who have been admitted to llie lights and privileges of a
cilizen, ami taken the oath mentioned in the said Acts, shall refuse or ne-
glect to carry the certificate of his being admitted a cilizen to the secretary's
office as aforesaid, and obtain a certificate from the secretary, as by this Act
OF SOUTH CAROLINA.
is directed, (if he or they are residing within the limits of the city of Charles- A. D. ir
ton,) within the space of three months, and (if residing in any part of the '^^^''^"^
country) within six months from the passing of this Act, all such person or
persons so neglecting to record the certificate in the secretary's office, the
person or persons who intend to avail himself or themselves of any of the
rights granted in the said recited Acts shall be obliged, when required, to
produce a record of his or their certificate from the secretary's office, and
in default thereof the privilege demanded shall not be admitted.
In the Senate House, the twent)- -seventh day of February in the year of our Lord one
thousand seven hundred and eighty-eight, and in the twelfth year of the Independence
of the tfnited Slates of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Representatives.
AN ACT to alter and amend the Act respecting tiie High Roads and No. 1395.
Bridges, passed the twenty-second of March, one thousand seven hun-
dred and eighty-five; and for laying out several new Roads, and
establishing sundry Ferries, therein mentioned
(Passed February 27, 17SS. See last volume.)
AN ACT to carry into effect the Ordinances of Congress for establish- No. 1396.
ing Courts for Trial of Piracy and Felonies committed on the High
Seas.
(Passed February 27, 1788. See last volume.)
AN ACT to incorporate the Camden Orphan Society, and the Friendly No. 1397.
Cambridge Society, m Ninety-Six District.
(Passed February 27, 178S. See last volume.)
AN ACT FOR REPEALING AN AcT ENTITLED " An Act for disposing of Ng. 1398.
certain estates and banishing certain persons therein mentioned," so par as
THE SAME RELATES TO THE EsTATES, REAL AND PERSONAL, OF JeRE-
MiAH Knott, deceased, and to his Heirs and Devisees.
WHEREAS, by an Act passed at Jacksonborough, on the twenty-sixth
day of February, in the year of our Lord one thousand seven hundred
tS STATUTES AT l,ARGE
A.D. ITiiS. jjnj eiglity-two, entitled " An Act for disposiiio; i)f certain estates, and ban-
^^'""''"^'^ ishin^ certain persons theicin mentioned," commonly called the Confisca-
tion Act, ail the estates, real and personal, which were of Jeremiah Knott,
deceusod, at the tune of his death, or of his heirs or devisees at the time of
passiii'^ the said Ait, wen; coiitiscatud and foi feiled to the use of this State.
And whereas, James Vallutton, of or near Purisluirgh, on the river Savan-
nah, and Elizabeth his wife, lately filed their bill in the honorable the
court of chancery of this State, to prove and substantiate the right of the
said Elizabeth Vallotton to the said estates, real and personal, as the niece
and heiress at law of the said Jeremiah Knott, deceased; which said claim,
after due form of law, hath there been ])roved and established ;
I. Be it tlierafiire cimcUd by the honoiable the Senate and House of
Fiirmcr act ro- Kepresentatives, in General Assembly met, and by the authority of the
lain cxien*"'^"''^"'^' That the said recited Act be, and is heieby, rejiealed, so far as the
same relates to the said estates, real and personal, of the said Jeremiah
Knott, deceased ; which said estates shall be, and they are hereby, taken
from and divested out of the commissioners of forfeited estates, and from
and after the passing of this Act the same shall be, and they are hereby,
vested in the said James Vallotton, in trust for the use of his said wife
Elizabeth Vallotton, her heirs and assisjus forever, or for such uses and
puqiDses as she shall by her last will and testament direct and appoint, in
as full and ample manner as if the said said Act had never passed.
In the Senate House, the twcuty-scventh day of February, in the year of our Lord one
thousiand seven hundred and eighly-ciglit, and in the twelfth year of tlie Independ-
ence of tlie United Stales of America.
JOHN LLOYD, President of the Svnate.
J(.>HX J. V\\\y>^'A^Yj, Speaker of the House of Representnl ires.
No. 1399. -^•'^' ACT TO AUTIIOIJIZK TIIK AfDIToU LiK.NKHAI. TO RKCEIVK AND AfOIT
THE Cl.AtMS AND DI'MANDS OP JaMES CoOK AGAINST THE CONFISCATED
Estate op Jnii.N Ciiampneys, and the Ci.aim.s of Lewis Bottner
AGAtN.ST TItE StATi;.
WHERE.'VS, by an Act passed the eleventh of March, one thou-
sand seven hundred and eighty-six, it was enacted that no account, either
a(;aiiist the State or at;ainst [lersons whose estates liavc been confiscated,
should be received by the auditor after the expiration of three monthg
frotn the passini^ of the said Act. And whereas, James Cook hath, in
and by his petition set forth, that John Champneys is justly and truly in-
debted nntf> hitn in and by a certain bonil or obligation, with a inoncatje
Prcamlde. ,jp ,.,,|.t;,i„ |,,t), situate on the wharf formeily the property of the said.lohn
Champneys, and since confiscated, both bearinij dale the second liav of
Feb. one thousaiul seven hundred end eiolily-two, for the payment of one
thousand pounds sterling money, and also in and by another bond or obli-
^tion benrinn date the seromi day of Decembi-r, one thousand seven
hundred and eit;hty-two, conditioned for the payment fif one humlied and
twenty seven pounds \\\v sliilliu','s and ei'jht pence steiliiii;. And wheri-as,
it appc.irs that the said claims aii<l demands jire just and fair, but that the
said James Cook was prevented by unavoidable inisfoi tunes and extraor-
dinary circumstances, from delivering in the same to the auditor, to be re-
ceived and audited, within the lime prescribed by the law as aforesaid ;
OF SOUTH CAROLINA. 69
I. Be it therefore enacted; by the honorable the Senate and House of A.D.J788.
Representatives, now met and sitting in General Assembly, and by the ^-^'^^""•^^
authority of the same, That the above recited Act passed on the eleventh James Cook.
day of Match, one thousand seven hundred and eighty-six, be so far repealed
as to admit the auditor to receive and audit the aforesaid demands of James
Coi)i<, in the same manner as if the aforesaid Act had never been made.
II. And whereas, Lewis Bottner has petitioned the Legislature, setting
forth that he has a well-lbunded claim against the State, which, from par- Lewis Bottner.
ticular circumstances, was not presented within the time Hmited by law;
Be it therefore enacted, by the authority aforesaid, That llie above recited
Act passed on the eleventh day of March, one thousand seven hundred
and eighty-six, be so far repealed as to admit the auditor to receive and
audit the aforesaid demands of the said Lewis Bottner, in the same man-
ner as if the aforesaid Act had never passed.
In the Senate House, the twenty-seventh day of February, in the year of our Lord one
thousand seven hundred and eighty-eight, and in the twelfth year of the Independ-
ence of the United Slates of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Representatives.
AN ACT TO INVEST IN S.^MUEL KnIGHT, AND HIS AsSIGNS, THE EX- No. 1400.
clusive right of constructixg and vending a machine for the
Pounding of Rice, for the term therein mentioned.
WHEREAS, the said Samuel Knight hath, by his humble petition to
the General Assembly, set foith that he hath, with much attention, labor. Preamble,
and expense, invented and constructed the model of a machine, which he
believes will be of great utility to the State in beating out rice, and pray-
ing the exclusive right of making and vending machines constructed on
the said model, for a term of years ;
I. Be it therefore enacted by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the au- Risht granted
thority of the same. That from and after the passing of this Act the said Knt^l'it"'^
Samuel Knight, and his assigns, shall have the sole and exclusive right and
liberty of erecting, building, constructing, and vending within this State,
the said machine for pounding of rice, for and during the term of fourteen
years. And if any person or persons do or shall, during the said term
herein limited, erect, build, construct, or sell any such machine without
the leave, license, or permission of the said Samuel Knight, or his heirs
or assigns, first had and obtained in writing, signed by him or them in the
presence of one or more witnesses, contrary to the true intent and mean-
ing of this Act, every such offender shall forfeit and pay the sum of fifty
pounds sterling, for the use of the said Samuel Knight, his heirs or
assigns, to be recovered in any court of record of the said State by action of
debt, bill, or plaint, in which no wager of law, essoign, privilege, or pro-
tection, or more than one imparlance, shall be allowed : provided always,
that if any person or persons shall tender or pay to the said Samuel Knight,
his heirs or assigns, the sum of five pounds sterling, he or they shall and
are obliged and required to grant each and every such person or persons.
J STATUTES AT LARGE
A.D.17S8. a license and permission, signed as above directed, authorizing him or
^-^"^^^^^ them to construct or build such machine.
II. And be it further enacted by the authority aforesaid, That in order
to prevent any person from pleading ignorance of the principles on which
the said machine is constructed, the said Samuel Kniiiht siiall immediately
after the j)assiug of this Act lodge an exact plan or model of the same in
the secretary's office of this State, there to remain for the term aforesaid,
to which all persons shall, at all office hours, have recourse for inspection
and examination.
In Uie Senate House, Wednesday, ihe Iwenly-seventh day of Feliruary, in the year of
our Lord one thousand seven hundred and eighty-eight, and in llic twelfth year of
llie Independence of the L'liited States of America.
JOHN LLOYD, President of the Senate.
.TOIIX J. PUINGLE, Sjieaker of the House of Representatives.
Model to be
lodged in the
office of the
secretary of
the Slate.
No. 1401. AN ORDINANCE for appointi.vg pkoper places for the tkmpo-
RAHY HOLDING OF THE OFFICES OF THE SECRETARY OF THE StATE,
PrOTHONOTARV OF THE CoURT OF CoMMON PlEAS, ClERK OF THE
General StssmNS, Sl'rvkyor GeiNeral, and Register of Mesne
CoNVEVASCES ; AND FOR OTHER PURPOSES.
Commissioners
appointed to fit
up rooms fur
certain State
officers.
Courts to be
held in the Citv
Hall, Charles-'
WHEREAS, the rooms which were heretofore appointed by law for
the holding the records and offices of the secretary of the State, prothono-
tary of the court of common pleas, clerk of the sessions, surveyor general,
and register of mesne conveyances, have been unfortunately destroyed by
fire ;
I. Be it ordained by the honorable the Senate and House of Represen-
tatives, in General Assembly met, and by tlie authority of the same, That
Daniel Cannon, Daniel Stevens, Anthony Toomer, William .Johnson, and
Richard Lushington, Esi|uires, be, and they are hereby a))i)oinled, commis-
sioners for the repairing and fitting up the first floor of the guard-house in
a proper manner for the holding the said offices, and records belonging
thereto ; and that as soon as tlie said house shall be so filteil up, the com-
missioners aforesaid sliall give notice thereof to liis Excellency the Gov-
ernor, who is hereby aulhorized and ('iiipiiworfd to diiccl that the records
6f the said offices be there di'posited, and the ofiices there held, till the Le-
gislature shall otherwise iletermine. And that the said commissioners, or
any two of them, be, and they arc hereby, authorized to draw the sums
recjiiisite for the above purposes, out of any moneys lying in the treasury.
II. And he it further ennrtrd by the authority aforesaid. That till a
proper place in Charleston shall be built for the holding the courts of chan-
cery, general sessions and common ])leas, that the same, by the assent of
the intendant and wardens of Charleston, be held in the city hall.
In the Senate House, the twenty-seventh day of February, in the year of our Lord one
thousand seven hundred and eighty-eight, and in the twelfth year of the Independence
of the r'nitrd States of America.
.lOHN LLOYD, President of the Senate.
.lOHN .T. PRINGLE. Speaker of the House <^f Heprcimtntirrs.
OF SOUTH CAROLINA.
AN ORDINANCE to appoint Commissioners for opening Walls's Cut. No. 1402.
(Passed February 27, 17S8. See last volume.)
AN ORDINANCE for opening the Navigation of a Creek called the No. 1403.
Stave Landing Creek, and to dig a Canal from the upper end of the
said Creek to the main road leading from Charleston to Camden.
(Passed February 27, 1788. Sec last volume.)
AN ORDINANCE to secure to Is.^ac Briggs and William Long- No. 1404.
STREET, FOR THE TERM OF FOURTEEN YEARS, THE SOLE AND EXCLUSIVE
PRIVILEGE OF USING A NEWLY CONSTRUCTED StEAM EnGINE INVENTED
WHEREAS, the principles of natural equity and justice require that
authors and inventors should be secured in receiving the profits that may
arise from the sale or disposal of their respective writings and discoveries,
and such security may encourage men of learning and genius to publish Preamble.
and put in practice such writings and discoveries as may do honor to their
country and service to mankind. And whereas, it is represented to the
General Assembly of this State, that Isaac Briggs and William Longstreet
have invented a steam engine, more powerful in its operation, and more
simple in its construction, than any hitherto in use :
I. Be it therefore ordained, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the ^'?'". granted
authority of the same. That the said Isaac Briggs and William Longstreet, Longstreet.
their heirs and assigns, shall have the sole and exclusive right of using
within this State their said engine, for the term of fourteen years from the
passing of this Ordinance. And if any person or persons shall, within the
said term, presume to construct, or in any manner put in practice within
this State, any steam engine on the same pnnciples as that of the aforesaid
Isaac Briggs and William Longstreet, without the consent of the said in-
ventors and proprietors in writing, signed in the presence of two or more
credible witnesses, every such person or persons shall forfeit and pay to
the said proprietors double the value of every engine or engines so con-
structed, to he recovered by the said proprietors by action of debt ; and
the payment of such forfeiture shall not entitle the person or persons so
trespassing, to continue in his or their trespass. Provided nevertheless,
that the said Isaac Briggs and William Longstreet shall, within one year
from the passing of this Ordinance, actually put in practice their said en-
gine, and lodge an accurate account of the precise piinciples and construe-
72 STATUTES AT LARGE
A. D. 1788. tioii thereof in the office of the secretary of this State, who is ht-rehy
'•-^"^''^^ authorized and required to record the same.
In the Senate House, the twenty-seventh day of February, in the year of our Lord one
thousand seven hundred and eij^lity-ci^ht, and in the twelfth year of the Independ-
ence of the United States of America.
JOHN LLOYD, President of t?ie Senate.
JOHN J. PRLNGLE, Speaker of the House of Ripresentatives.
No. 110.5. AN ORDINANCE fok appointi.vg .\nd authorizi.n-g Commissio.nkrs
TO RtSLRVEY AND LAY OUT THE ToWJJ OF WlLI.IAMSDLBGli, I.N TUB
DISTRICT OF GEORfiETOW^".
Commissioners ,
\. Be it ordaiiiid, by the honorable the Senate and House of Rcpresen-
, tatives, in General Assembly met, and by the authority of the same,
appoin'ted'To"^ That the persons herein named, to wit, John McCauley, John Burgess,
lav out lots in senior, James Witlierspoon, junior, William Frierson, John Scott, Robert
lauis '"S > jvif Cgnnell, Thomas McConnell, James Flemins;, senior, and Robert
Frierson, shall be commissioners, and have authority to cause to be rosur-
yeyed and laid out in half-acre lots, all that parcel of land allotted by law
for the town of Williamsburtjh, in Georgetown district, and bounding as
follows, viz. on the southwest by Black river, on the northwest by the land
of John Scott, on the northeast by lands of James Witlierspoon, junior,
and Moses Gordon, and on the southeast by the lands of Thomas Landale.
H. And as sundiy grants of lands had passed between the year one
thousand seven hundred and thirty, and the year one lliousand seven
hundred and forty-five, und-jr tiie name of bounty lands, the ])roprie-
tors whereof were entitled to lots in the said town, many of which
lots were not laid out or ascertained to the proprietors ; Be it itnhiintd
by the authority aforesaid. That all proprietors of lands under the said
Persons to description, and having a right to a lot or lots in the said town, shall,
hand in ihnir within six mouths after the i>assing of this Ordinance, make known to
claims to the ^i . , . • .i • i • i i • i ■ i
coinmiasioners. "'s said commissioners their claim, by |>roducinir their titles, to ena-
ble the said commissioners to a.<<sign to each claimant the cpianlity
he is entitled to; and lliereu])on the commissioners shall locate and lay
out the same in such manner as shall be reasonable. 'J'lie said com-
missioners .shall reserve such lots as they shall deem necessary for two
churches, for a puVilic school and mnrki-t-hoiisi', and other fiublic purposes,
and shall sell or disposir of the residue, by public auction or othtrrwise, as
they shall deem most advantageous; and the moneys arising therefiom,
after paying the surveyor and other necessary charges, shall be approjiti-
ated for the establishing a public school for the education of youth in the
said town, under direrli(m of the said commissioners.
in. And be it further orilainrd by the authority aforesaid. That any
Commissioners five of the said commisBioners shall have authority to act under this ( )rdi-
to fill vacan- nance; and to fill any vacancies which may happen by tin; death, rel"usal,
""' "■ or removal of any of the other coininissioncrs.
Persons may iV. And lie it further ordained by llie aulhorily aforesaid, 'I'hat if any
plead the gen- pj-r^yi, shall be sued for any thine done by virtue of tiiis Ordinance, he
oral issue. ^ j t\ .
OF SOUTH CAROLINA.
may plead the general issue, and give this Ordinance and the special mat-
ter in evidence.
Ill tlie Senate House, tlie tweiity-seventli liaj of February, in the year of our Lord one
thousand seven hundred and eighty-eight, and in tlie twelfth year of the Independ-
ence of the United States of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Reprcwntatives.
AN ORDINANCE for the better establishing of Huger's Ferry, on the No. 1406.
Congaree river.
(Passed February 27, 1788. See last rolnme.)
AN ORDINANCE for establishina: a Ferry near Rocky Creek, on the No. 1407.
Catawba river, and vesting the said FeiTy in the Company for opening
the Navigation of the Catawba and Wateree rivers.
(Passed February 27, 1788. See last rolvme.)
AN ORDINANCE to repeal in part "An Ordinance for appointing No. 1408.
Brigadier General Francis Marion Commandant of Fort Johnston,"
PASSED March 10, 1784; ano for other purposes herein men-
tioned.
WHEREAS, the great expense of maintaining the post at Fort John-
ston m its present form, is become burthensome to the citizens of this Pfeamble.
State ;
I. Tie it ordained, by the honorable the Senate and House of Represen-
tatives, now met and sitting in the General Assembly, and ,by the authority Former ordi-
of the same. That the said before recited Ordinance, and all matters and"''"'^'^'^^'"^" " '
things therein contained, be, and the same is hereby, repealed.
II. And he it further ordained by the authority aforesaid. That Brig-
adier General Francis Marion be, and he is hereby, continned in the com- General Mari-
mand of the post at Fort Johnston, and shall have all the power and au- °q^JJ,°" j"*^ '"
thorities as when he was appointed commandant thereof, and shall receive
as a compensation for his services, five shillings per day.
III. And be it further ordained by the authority aforesaid. That the
Governor or Commander-in-chief for the time being is hereby authorized
and empowered to appoint a sergeant and six men, invalids from the late
disbanded troops of this State, if such can be procured competent to the
VOL. v.— 10.
74 STATUTES AT I-AH(;E
A. D. li88. service, and if not, such dthers as liis Excelti-ncy tlie (Tovcruor may think
^-^'"^'""^^ lit ami proper; the pay of sergeant to he ten dulhirs per month, and each
GimcraJ Mari- of tile nii;n one shdlin-^ per day, and ten jience each for rations ; and which
on and scroll sl,all be paid (luarterlv l>v the connnissioners of the treasury, out of the
men to reside ' • . •' ,• , ■ • , , -,,-,. i- /, i
atFortJuliu- tonnage money imposed upon shippuig; and the said Brigadier (.leneral
6'o"' Marion, with the seven men so to be a])pointed, shall reside at Fort John-
ston, and shall do and perform all the requisite duties uppeitaiiiing to the
said post.
Ill tlic Senule House, the iweiiiy-seventh diiy of l-eliruarv, in Uie year of our Lord one
thousand KPven hundred uiul ei^lity-ei^'ht, iind in the iwelfili yenrofthe Independ-
ence of the United Stnles of AmericH.
JOHN LLOVD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House tf Il.imsenlatires.
No. 1109. AN ACT to ni;ei.\itr, Mun wd of nonk fki-kct a Grant of Lands in
TIIK FOUK OF Broad and SaMDV H1VKR.«, INI.AWFII.I.V OltTAINED.
WH1']RE.\S, Jonas Beard, in the year one thousand seven hundred
and ei<ility-six, obtained a warrant of survey to appropriate to himself
the whole of the vacant lands in the Fork between Broad and Saludy
rivers, beginning as far up Broad river as thiity-one miles from the con-
fluence, and run a single line across the neck, until he stnnk the river
Pronmblc. Saluily, a distance of about sixteen miles ; and passing through sundry
settlements, the property of others under former grants, without surveying
the course of the rivers, or ruakincr any other than a single line. Although
he could not possibly know what tracts, or how much vacant lands lay in-
terspersed among the settlements throuirhout that great body of land, yet
he returned into the office a plat thereof, which he laid down from, and
according to, fiuillard's ma]), and estimated the quantity at about fifty-one
thousand thret' hundred acres, end passed the same into a grant so sud-
denly, that tlie inhabitants whose projierty was threateneil had not inform-
ation or oppoitiiiiity to caveat the same. Thus, in order to oblige the in-
habitants of that < xlensive settlement to jjroduce their lilies, or if they
had lost them in the war, or by other accident, to. seize their land as vacant.
In order, therefore, to prcvenl the iilarms of the jieople, and ihe litigation
and suits that may arise from the said unirasonable ainl unlawful grant;
I. Be it enarlfil, by the luinoiable iIk' Senate and House of Repie-
nrnnt declared sentatives, in General Assembly met, and by the uuthorily of the same,
null and void, the said grant is hen^by declared void, and of none efl'ect.
In the Senate, Friday, iliix t»eiii\ -ninih day of Fehruary, in the year of our Lord one thou-
aand xeven hnndrrd and eichly-eiclii, and in the ttveinh year of the Indopciidcnco
of the United Stall's of America.
JOHN LLOVl), President of the Senate.
.1 ( ) 1 1 N .1 r K 1 N< ; L E. S/iealier of the House »/" Kepresentatiren.
OF SOUTH CAROLINA.
AN ACT T(j PROCURE A Census of the fuee white Inhahitants of No. 1410,
THIS State.
WHEREAS, the representation in the second branch of the Legisla-
ture is not only too great but unequal ; and whereas, a perfect knowledge Preainble.
of the number of free white inhabitants is necessary for ascertaining a just
and adequate representation ;
I. Be if therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the '^'i''iia officers
authority of the same. That the commanding officer of every regiment off!]j|"'^''^j,J,°„g
militia throughout this State, shall, within six months after the passing of nf tlie people,
this Act, issue out his orders to the several captains, or other officers com-
manding companies of their respective regiments, requiring them, and each
of them, to take an exact enumeration of all the free white men of every
age, from sixteen years and upwards, dwelling within the circle of their
respective beats or companies, within one month from the time such ciders
shall he issued ; and within fourteen days tliereafter return the same to
the commanding officer of the regiment to which he belongs, who shall,
within ten days after the receipt of the same, make a general return of
the whole number to the commanding officer of the district; and the bri"^-
adiers or other officers commanding districts, are required to make out
general returns from those made to them, signed by themselves, and re-
turn them to the secretary's office on or before the first day of October
next.
II. And he it enacted, by the authority aforesaid, That any officer refus- Penalty on re-
ing or neglecting to execute the same, shall be liable to the penalty of fifty ''"""'"'neglpcs
pounds sterling.
In the Senate House, the twenty-ninth day of February, in the year of our Lord one thou-
sand seven hundred and eighty-eight, and in tlie twelfth year of the Independence of
tlie United States of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Spcaher of the House of Representatives.
AN ACT to alter and araetxl the several County Court Acts. No. 14IL
(Passed February 29, 1788. See last rnhime.)
AN ACT to amend an Act entitled " An Act to authorize Commissioners No. 1412.
for continuing East Bay street to Ashley river, to make a new assess-
ment for completing the same : and to repeal such clauses of the High
Road Act, passed the twenty-second day of March, one thousand seven
hundred and eighty-five, as relates to the said street."
(Passed February 29, 1788. See last vohime.)
STATKTKS AT LARGE
No. 1413. Ay ACT FOR nUll.niNG .\ GoAI. WITII1.\ one milk of CoOS.tWIIATCIIIK
Bkidgk, and for rkmovino the Court of Beaufokt district from
Bkaufort to the said i'laci;.
WHEREAS, sundry inhabitants in Beaufort district on the niiiiii, bavc,
Prenmble. by their petition, represented the preat difficulties and inconveiiicuces
they experience from tlie coun-liouse and gaol being on tlie island of Port
Royal ;
I. Be it therefore enacted, by the honorable the Senate and House of
CommissioncrB Representatives, now met and sittin<; in Genei'al Assembly, and by the au-
procure^hc thority of the same, Tliat the lionoruble John Bull and Thomas Ileywaid,
erection of a junior, Estjuires, Charles Dupont, James Postcll, George Hipp, John
■''" ■ McPhcrsoii, Thomas Hutson, and Samuel Maner, Esquires, shall be, and
are hereby appointed, cummissioners to agree with any pei^son or persons
to erect and build a gaol within one mile of Coosawhatchie bridge ; and
they are iiereby empowered to puichase so much land for the purpose
aforesaid, as to them shall seem necessary.
H. And be it further enacted by the authority aforesaid. That as soon as
To be called g wood and sufficient traol shall be finished within one mile of Coosaw-
one of the jails, ^ • ■ . • » ,,".,,. , i p n r i*
ofBeauforidis-hatchie bridge, as atoresaul, the jurors to be summoned tor ncaulort dis-
trict, trict shall be summoned to appear at the said place, wliere the courts of
common pleas and tlie general sessions of tlie peace .'shall then and there-
after be held ; and the said gaol shall be deemed and called one of the
gaols of Beaufort district.
In tiie Senate House, (he twcnty<iiintli thiy of February, in tlie year of our l.onl one
thousand seven hundred and eiglity-oit^lit, and in the IweKlh year of the Independ-
ence of ihc Ignited Slates of America.
JOHN LLOYD, Presid,-ntof the Senate.
JOIIX .1. PI.'IXCLE, Sjieaher of the IIou.se (if Re])resent(itne.i.
No. IIH. AN ACT for incorporating divers Religious Societies therein named.
(Passed February iiO, I7S8. See ftust volume.)
No. 111.5. AN ACT to incorporntf the Vcslrics :im<1 ( 'limili\\ai(li-iis of the Epis-
copal Churihes in the I'arishi-s nf St. Luke, St. Miiltlicw, Prmco
George, Winyaw, St. Stephen, and St. James, (Joo^.: Creek, and also
the Vestries anil Chmrhwardens of the Episcopal Churches of Clnre-
monl anil of St. Helena Island.
(Passed I■^■bruury "-i!!. 17ss. Sn lost rolunie.)
OF SOUTH CAROLINA.
AN ORDINANCE authorising His Excellency the Governor to No. 1416.
APPOINT CoM.MISSIONERS TO CONTRACT WITH PROPER P^:RSO^S TO RE-
PAIR OR REBUILD (WHERE NECESSARv) THE CoURT HoUSES AND GaOLS
IIM THE SEVERAL CiRCUlT DISTRICTS OP THIS StATE, AND TO GIVE OR-
DERS ON THE TliEASURV FOR DEFRAYING THE EXPENSE THEREOF.
I. Be it. ordained, by the honorable the Senate and the House of Repre-
sentatives, now met and sitthig in General Assembly, and by the authority
of the same. That his Excellency the Governor for the time being shall powered to
be, and he is hereby, fully authorised and empowered to appoint commis- a])point com-
sioners in the several circuit districts of this State, to contract with proper ""^sioners.
persons to undertake the I'epairing or rebuilding (where necessary) of the
court house and gaol in each of the said districts ; and he is also hereby
authorized to give orders on the tieasury in favour of the said commission-
ers for defraying the expense thereof, to be paid out of such money as has
been by law appropriated for the above purpose.
In the Sennle, Friday, the twenty-nintii day of Fehruary, in tlie year of our Lord one thou-
sand seven hundred and eighty-eight, and in the twelfth year of the Independence of
the United States of America.
■ JOHN LLOYD, President, of the Senate.
JOHN J. PRINGLE, Sjieaker of the House of Representatives.
an act to suspend the operation op the limitatio.v act for no. 1417.
the time therein mentig.ned, and to alter and amend the said
Act.
I. Be it enacted, by the honorable the Senate and the House of Represen-
tatives, and by the authority of the same, That the operation of an Act . .
entitled " An Act for settling the titles of the inhabitants of this Province g'u,p3|,jgj ,ji|
to their possessions in their estates within the same, and for limitation of March 23,1791.
actions, and for avoiding suits at law," passed the twelfth day of December,
in the year of our Lord one thousand seven hundred and twelve, shall be,
and the same is hereby, suspended, so far as the same shall extend to
actions of debt, covenant, assumpsit, trover, and detinue, until the twenty-
eighth of March, one thousand seven hundred and ninety-one.
II. And be it enacted by the authority aforesaid, That persons under
twenty-one years shall be allowed five years after attaining the said age to Persons under
prosecute their right or title to lands, four years after attaining such age ''^'''
to prosecute any personal action, to which they are or may be entitled;
any thing in the said Act passed the twelfth day of December, one thousand
seven hundred and twelve, to the contrary hereof in any wise notwith-
standing.
In the Senate House, the twenty-ninth day of Fehruary, in the year of our Lord one
thousand seven hundred and eighty-eight, and in the twelfth year of the Independence
of the L'nited Stateir of America. \
.JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Representatives.
No. 141 J
STATl'TKS AT hAlUJK
AX ACT TO RST.tBLI8H TUB BoUNDS OF THE PrISAXS OR CoMMUN
tiAOI.S l.\ THE SEVERAL DISTRICTS AND CoU.NTirS OF THE StATE.
PriBoners'
bounds on
Security lo be
given.
Prisonem on
civil process.
Prisoner to ron
der a wrlirdtilc
on OHtli ofliis
estate.
WHEREAS, humanity retjuires that the confinement of prisoners on
cis'il ])rocess sliouM be less riijorous than it has hitheito been ;
I. Be it eiuirtrd, by the honorable the Senate an<l House of Representa-
tives, in General Assembly met, and by the authority of the same, That
all prisoners on mesne process in any civil action, who are or shall be
coinniitttjj to the custoily of any or either of the sheriffs of the counties
or districts of this State, on complying with the requisitions contained in
this Act, shall be entitled, in every day durinir his, iier or their ci>nline-
ment, to be and remain unmolested in any part of the rules, bounds or
limits of the ))risoii where he, she or they shall be confined ; which rules,
limits or bounds shall extend to three hundred and fifty yards in a direct
line from each side of the ])tison walls; and the said rules, limits or bounds
shall be marked out and ascertained in some distinct manner, by the re-
spective sheriffs of each district and county, within one month alter pass-
ing this Act, that the same may be publicly and generally known.
H. And be it further enacted by the authority aforesaiil, Tliat no person
committed on mesne process as aforesaid shall be entitled to the benefit
of the said rules, limits or bounds, before he or she shall have ji;iven satis-
factory security to the sheriff of the district oi county where he or she may
be confined as aforesaid, not to go or be without the said rules ; and the
sheriff shall be answerable for the solvency of such security.
HI. And he /V////7//r/- cwc/^-Zi'iZ by the authority aforesaid. That all prison-
ers in execution on any civil process, who are or shall be committed to the
custody of any or either of the sheriffs of the tlistricts or counties of this
State, shall be entitled to the benefit of the said rules, boutnis or limits,
provided he or she shall, within forty days after being taken in execution,
give satisfactory security to the sherilf of the district m- c<iunty where he
or she may be confined (for the solvency of which security the sherifT shall
also be answerable) that he oi she will not only remiiin within the said
rules, bounds or limits, but will also, within forty days, render to the clerk
of the court in the ilislrict or county where he or she shall be confined, a
schedule, on oath or alfirnialion, (agreeable lo the form of his or her relig-
ious persuasion,) of his or her whole estate, or of so much thereof as will
pay and satisfy the sum due on the execution by force of which he or she
shall be confined.
IV. And he it further enacted by the authority aforesaid, That any
prisoner confined on mesne |)rocess shall have liberty to render, at any
time during his or her confinement on such ])rf)cess, a schedule, on ontii
or affirmation, (agreeable to ihe form of his or her rcligiiuis peinuasion,) of
ills or her whole estate, or of so much thereof as will pay and satisfy the sum
really due on tin- action on which liir or she may be confined ; antl tlie clerk
of the court in the district or county where ho or she shall be confined,
within ten days after the receipt of the schedule from the prisoners con-
fined as aforesaid on execution or mesne process, as the case may be, sliall
give jiublic notice that the prisoni-r will be liberated ami the property
assigned, uideis satisfactory I'ause is >liewn to the contraiy before one or
more of the judges of the coiiit where the process originates, or one or
more of the commissioners appointeil for taking s]iecial bail in the ciri'uit
district ; and if no satisfactory cause shall be then shewn to ihe contrary,
the judge or justice, or coniini.ssioiici of s]>ocial bail, before wIhuu iIm
OF SOUTH CAROLINA. 79
prisoner shall be brought, shall order an assignment of the prisoner's estate ^■^- 1''^^'
and effects, mentioned in the schedule, to be made to the plaintiff', subject ^-^'^"'"^^^
nevertheless to all prior encumbrances ; whereupon the creditor may take
possessi(jn, and, if necessary, sue in his or her own name for the recovery
thereof, and the prisoner shall be discharged from confinement ; but if
the plaintiff" shall show cause for disbelieving the prisoner's oath or affirma-
tion, or shall desire further time for information, the judge, justice or com-
missioner of special bail, as the case may be, shall have power to remand
the prisoner, and appoint another day for his or her appearance; and if,
on the second day, the plaintiff" shall not appear, or shall be unable to prove
that the prisoner's oath or affirmation ought to be disbelieved, the judge,
justice or commissioner of special bail as aforesaid, after assignment made
in manner above directed, shall discliarge the prisoner.
V. And be itfurtJiiT iiKulcd by the authority aforesaid, That the prop-
erty mentioned in said schedule must be visible property, if the prisoner is Proppitv must
possessed of any such, but if he or she is not, choses in action must be men- "^ "'" '^"
tioned, with the names and places of abode of the witnesses thereto ; and
if the property mentioned in the schedule should prove deficient, any other
property that the prisoner may have, or hereafter acquire, shall be liable
for the demand for which he or she is confined.
VI. And be it further enacted by the authority aforesaid, That if any
person confined on mesne process in any civil action, or on execution. Persons deliv-
(provided the person on execution has not been in actual confinement <■""§ "P ''"'"■
above forty days,) be determined to deliver up all his or her estate and thg beueiit of
effects, and to take the benefit of the Act for the more effectual relief of ili<" insolvent
insolvent debtors, passed the seventh day of April, one thousand seven '"^'"
hundred and fifty-nine, he or she shall have the benefit of the said Act,
although he or she may have given bail to the action, or not surrendered
him or herself within ten days after the arrest, or not presented a petition
within forty days after confinement, or not been actually confined thiee
months, provided he or she comply with the other requisites of the said
Act, and that the justices of the court from whence the process issued
against such person shall be satisfied that he or she hath rendered a just
and fair account of his or her estate ; and in cases where such application
shall be made by persons in confinement, on process issued from the court
of common pleas to the sheriff's of the circuit court districts, such persons
may make such surrender of his estate and eff"ects to the three nearest
justices of the peace, who shall receive and transmit such schedule to the
clerk of the court of common pleas, without delay.
VII. And he it further enacted by the authority aforesaid, That any
prisoner committed on execution aforesaid who shall not give in such Piisoner not
schedule, agreeable to the tenor of his or her bond, shall not be any ^'Y"f '? *"^^'^'
longer entitled to the benefit of the prison rules, but his bond shall be for- not entitled to
felted and assigned to the plaintiff'; nor shall any prisoner be discharged liounds, &,c.
without fully satisfying the action or execution on which he or she is con-
fined, if, since his or her confinement, and before he or she gave security
as aforesaid, he or she has been seen without the prison walls, or if, since
his or her giving security, he or she has been seen without the prison rules,
without being legally authorised so to be, or shall have spent more than
two shillings and six pence a day, or if he or she is confined on account of
wilful maihem, or wilful and malicious trespass, or for voluntary or per-
missive waste or damage done to the freehold, or who shall have, within
three months before his or her confinement, or at any time since, paid or
assigned his estate, or any pait thereof, to one creditor in preference to
another, or fraudulently sold, conveyed or assigned his estate, to defraud
80 STATUTES AT LARGE
A. I). 1788. his creditors ; but wherever a prisonci- shall be accused by the plaintifl'i)r
^""^'^'''"^'^ his agent of" fraud, or his having given an undue preference to one creditor,
to the prejiulire of the plaintifl", or of having made a false return, or of
having gone without the prison walls, or prison rules, as the case may be,
it shall be lawful for the judge or justice before whom the prisoner is
brought to direct a jury to be irapanuelled and sworn to determine the
fact.
VIII. A/i(l he it furtJivr eiiactcJ by the authority aforesaid. That if any
mUicd ^''go'out ^''"-'"'^ '^'" '•'* deputy shall permit any ])risoner committed' to his custody ;is
of hounds' by aforesaid, to go or be without the prison walls, if sucii prisoner has not
shcrifl", deemed giygj] (|,g security required by this Act — and if such security has been
an e.scape. o. i -^-n. 'i • i "^ i ,i n- i ■ '' i
given, it any shenn or his deputy shall sutler such piisoner to go or be at
large out of the rules of the jjrison, (except by some writ of habeas cor-
pus or rule of court, which rule shall not be granted but by motion in t>pen
court) — every such going and being out of the prison and rules, as the case
may be, shall be adjudged and deemed, and is hereby declared to be, an
escape.
IX. And he it fur/her enacted by the authority aforesaid. That if any
Sheriffrcfusing sheriff" or his deputy shall, after one day's notice in writing given for that
er,adjud'^"l'un P"'"P°*^' refuse to shew any pri-soner committed to his charge to the ])lain-
escape. tiff' at whose suit such prisoner yvas committed, or to his attorney, such re-
fusal shall be adjudged to be an escape.
X. And he it further enacted by the authority aforesaid, That any person
Penalty for ^■^^^ shall deliver in a false schedule of his efl'ects shall suffer the penalties
false schedules. . ... . . ,,,,,.,, , , • ,- i •'
01 wilful jierjury, shall be liable to be arrested airain for the action or ex-
ecution on wliicii he was discharged, and shall forever be disabled to take
any benefit from tiiis Act, and from the Act for the more effectual relief of
insolvent debtors, passed the seventh day of April, one thousand seven
hundred and fifty-nine.
XI. And he it further enacted by the authority aforesaid. That upon an
Upon an cs- escape the plaintiff may either proceed against the defendant to retake him,
may procopd or against his secuiity, or, in case the security should prove deficient,
aga'inst defcn- against the sheriff", who shall be ultimately answerable in damages for such
dam, iV.n. escape ; and the court of comnioti pleas is hereby authorised and requiied
to make all necessary rules and orders for the effectual carrying into ex-
ecution this Act, according to the true intent and meaning of the same.
XII. And he it further enacted liy the authority al"oiesaid. That the said
Act entitled " An Act for the more effectual relief of insolvent debtors,"
passed the seventh day f)f April, one thousand seven hundred and ht"ty-
nine, shall be deemed to bo of full force in all matters wherein it is not
repugnant to this Act ; and that an Act entitled " An Act to alter and
amend an Act for the more efl'ectual relit^f of insolvent deblors," p.-issed
the eleventh day of March, one thousand seven hundred and eighty-six, be,
and the same is hereby, repealed;
In the Senaie, Friday, ihc Incnly-ninlJi day of February, in the year of our Lord ono
Ihousnnd seven hundred and eighty -eiglil, and in the twelfth year of the Indeprndenea
of the United States of Ameriea.
JOHN LLOYD. Prftident of the Senate.
.JOHN .1. rHIN(;i,E, SpeaUr of the Hoti.fr nf RfprrKrntafirrx.
OF SOUTH CAROLINA.
AN ACT to establish a Company lor opening the Navigation of Broad No. 1419.
and Pacolet Rivers.
(Passed February 29, 17SS. Sec last volume.)
AN ORDINANCE to empower the Hrirs op Isaac Mazyck to pay to No. 1420.
THK Elders of thu French Protestant Church such sum op money
as shall be agrced on by them, in lieu of a legacy bequeathed
BY THE SAID IsAAC MaZYCK -TO THE SAID ChURCH.
WHEREAS, Isaac Mazyck did, by his last will and testament, be-
queath to the French Protestant church of the city of Charleston the Preamble,
intere.st annually arising out of one hundred pounds, to be paid by his
heirs and assigns : and whereas, the collecting the said annual interest
from the numerous heirs of the said Isaac Mazyck, is attended with con-
siderable trouble and uiconvenience ;
I. Be it therefore ordained, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That the heirs of the said Isaac Mazyck be, and Heirs of Lsaac
thev are hereby, authorized and empowered to pay to the elders of '*^''^-™'l'° P"-''
i-iT-i 111 1 c 1 11 1 111 a Slim ot money
the said 1" rencii church such sum ot money as shall be agreed on by the to the French
heirs of the said Isaac Mazyck and the said elders, in lieu of the annual Church,
interest arising as aforesaid out of the said sum of one hundred pounds;
such sum, when received, to be applied by the said elders to the improve-
ment of the revenues of the said French church.
Ill the Senate House, the twen.ty-ninth day of February, in the year of our Lord one
thousand seven hundred and eighly-eight, and in the twelfth year of the Independence
of the United States of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Representatives.
AN ORDINANCE por repealing so much of the Ordinances passed No. 1421.
March 16, 1783, and March 17, 1785, as imposed a Duty on Lands
and Negroes sold at Vkndue; and hkmitting the Vendue duty
on the SALK of the GLEBE LAND BELONGING TO THE INDEPENDENT
Chuucii, in Christ Church Parish.
I. Be it ordained, by the honorable the Senate and House of Represen-
tatives, now met in General Assembly, and by the authority of the same, . '"' ,\^r.
That so much of the Ordinances passed on the sixteenth day of March, in ances repealed,
the year of our Lord one thousand seven hundred and eighty-three, and
the seventeenth day of March, one thottsand seven hundred and eighty-
voL. v.— n.
I
82
STATUTES AT LARGE
A.n. 17;;8. fiyp^ as imposed duties on lands and negroes to be sold at public autticin,
"""^"^"'"^"^ be, and the same are hereby, repealed.
U. And he it further ordained by tlie authority aforesaid, That the ven-
VeuJue duly due duty on the sale of the glebe land late belonffinp; to the Independent
remitted. Church in Ciirist Church Parish, in February, one lliousatid seven hundred
and eighty-seven, be, and the same is hereby, remitted.
lu the Senate Houe^e, the twenty-ninth day of February, in the year of our Lord one
ihousund seven Inindred and eighty-eiglit, and in the Iwcinhyearof llie lude|>cudeuca
of the United Stiiles of .\ineriea.
.JOHN LLOVD. Prctident of the Senate.
JOHN .1. I'iilXdl.E, Speaker of the Huute of Representatives.
No. 1122. AN ORDINANCE to entitle tiik Elf.ctohs a.nd Me.miieks of the
State CoNVK.NTION to PUIVILI.GE during their ATTEND.^NCIi.
I. Be it ordained, by the honorable tiic Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of the
Privilese of same. That the members of the Convention to assemble in May next in
elcetora and the city of Charleston, for the purpose of.considcrinc; the Federal Consti-
members of the (iifjy^ referred to tiiem, and all persons entitled to vote for the said mem-
Convention. , , ,1 ■ 1 . '.. • 1 , , , 1
hers, shall enjoy the same privileges as are enjoyed liv tlie electors and
members of the (leneral Assembly ; any law, usage or custom to the con-
trary notwithstanding.
In tlic Senate House, t)ic twenly-nintli diiy iif Kebrunry, iu the year of our Ix)rd one
thouHnnd seven hundred and eighty-eight, and in the Iwelftli year of the Inde|iendenca
of tlio United Stntea of Aineriea.
.JOHN LLOYD, President of the Senate.
.JOHN J. FRlNtiLE, Speaker rf the Home of Representatires.
No. 1423. AN ()in>l\Ai\('l': to uim..m oiisriii .■ti..\s t.i t
t'f KkKDV K'iVI.II. \s l\|t AS Tilt Tl Mlll.l>
; iMss\(iK. nf Fish
.•^IIOM.S.
I. Be it ordained, by the holi(ir:ihl<' the .'><'iial<; and House of Hepresen-
tntives, now met and silling in (ieiieral Assembly, and by the aiilhorily of
the same, That every persim who hath or miiy havt! erected any milldum!<
or fish dams across Reeily river, between the nioutli ihi'reof and the Tum-
bling Shoals, shall, by the (irst day of A|)ril next after the passing this ( )rdi«
nance, providi; a good ami siifTirient slope, eiyhl feet wide, for llii; passage
r(f (ish ; and upon negli-cl ihereof slinll foifeii and pay lo any person who
shall iiifoini and sue fu llie same ilii' sum of twenty shillings, for every
OF SOUTH CAROLINA. 83
every week which such obstructions shall continue after the time afore- A. I). 1788.
.said. v.-«'-v^^^
In ilie Senate House, the twenty-ninth (lav of Fehrn.iry, in the year of our Lord one
thousand seven hundred and eighty-eii^ht, and in the twelfth year of the Independence
of the United States of An
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Rei)rcse7itatives.
AN ORDINANCE for Ratifying and Confirming a Convention between No. 1424.
the States of South Carolina and Georgia, concluded at Beaufort, in
the State of South Carolina, on the twenty-eighth day of April, in the
year of our Lord one thousand seven hundred and eighty-seven, and in
the eleventh year of the Independence of the United States of Ame-
rica.
(Passed February 29, 1788. PiMished in vol. 1, p. 411.)
AN ORDINANCE for holding thk Courts of Common Pleas, and No. 1425.
GeNiiRAi. Sessions, and Chancicry, for the district of Charleston,
IN some convenient PLAci;, until the Court-House for Charles-
ton DISTRICT BE FINISHED.
I. Be it ordained by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authoi'ity of Courts to be
the same, That until the court-house for the district of Charleston shall Jif ''i'f "h'"p'^".
be made fit for holding the courts of common pleas, general sessions, and change.
chancery, it shall be lawful to hold the said courts in the Exchange, or
some other place within the city. And in case any court-house shall here-
after be destroyed, it shall be lawful to hold the court in some other con-
venient place in Charleston, or the vicinage thereof
In the Senate, Tuesday, the fourteenth day of October, in tiie year of our Lord one
thousand seven hundred and eighty-eight, and in the thirteenth year of the
Independence of the United States of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Representatives.
STATUTES AT LAR(iE
No. 1-126. AA ACT iitr, vf.stikg in Koheut IIf.uiot, Esqi'ihk, a certain mm i>f
.MDNKV, FOB I UK LSF. l(F JollN CaSSKLS, A MINOIt.
WHEREAS, by a rcrtain deed made in coiilemplation of a marriage
between James Cassels, laie of Soiilli Carnlina, planter, and Susanna
Man, the said James Cassels covenanted and agreed with Robert Heriot,
Esquire, of the j)hice aforesaid, that if tlie said maniau:e shoulil take eH'ect,
and tlie said Susanna should depart this life in tlie lifetime of him the said
Tiviimlilc. James Cassels, then the said Susanna inii;ht appoint the sum of live thou-
sand pounds of the then lawful money of Soiilli Carolina aforesaid, to such
person and to such use as she might direct by her last will and testament,
or other writing purporting to be her last will, signed and sealed in the
jjresence of two or more credible witnesses, which said sum of five thou-
sand pounds the said James Cassels further atrreed to pay to such person
or persons as the said Susanna should appoint the same as aforesaid. And
whereas, the said Susanna departed this life soon after the said marriage,
leaving a son, John Cassels, now a minor, \\:ho is the sole issue of the said
marriage, but neglected in her lifetime to execute the power reserved to
her as aforesaid by the said marriage deed. For remedy whereof, and
for fully carrying into elfect the leal intentions of the said patties to the
said deed ;
1. Be it enacted, by the honorable the Senate and House of Represen-
Coiiimissioncm tatives, in General Assembly now met, and by the authority of the same,
of forleited es- 'fhat the commissioners of foifeited estates do ])ay to the said Roi)eit He-
Ko'bert llc'rioi '"'"t, his execiitoi-s or administrators, the sum of seven humlrid :iiiil fifteen
a ccrinin sum pounds sterling, out of the proceeds of the sale of such part of the estate
in trust. lately belonging to the said James Cassels, as may be still remaining in
their hands to be sold ; which said sum of money is hereby vested in the
said Robert Heriot, his executors and administrators, in trust for the use
and benefit of the said John Cassels, his executors, administrators, and
assigns.
In the Scnnle, Tuoi<duy, the fourth <)ny of .N'uvcinbcr, in the yi>nr of our Lord one thou-
sand seven hundred nnd eichty-eight, niid In the ihirteenlh ye.-ir of the lnde|icnilcnec
of the United StiiieK of Amerieu.
.TOHN LLOYD, Prv>.i<h-„f „r the Sman-.
.rt )H N .r. PR I X( i L P:. Sj>,<i/,n- »/" ///,■ Iluiisr of rupnsn,t,ilucx.
No. 1427. AN .-If."/' riiF.sciiiiiiNo, o.v tiik i-aut of this Statf, tiif. timks, i-lacks,
AND IIANNKK OP IIOI.DIMl ]Ol.K'Tin\s Foil R F.FHKSK.VTATIVF.S IN THE
CoNOREfiS, ANO TIIK MANNKH OP APPOINTINO El.KCTOIlS OF A PrKSI-
DF.NT, OP TIIK UNITF.n StATRS.
Preamble ^" "'''''^'' '" P"T.V '"'o effect on the part of this Slate llic Constiliilion for
the United State.s of America;
I. lie it cniictril, by tlu; hoiioniblc the Senate aini the House of Re|>ro-
sentatives, now mol ami sitting in (ieneral Assembly, and bj'ihe atithorily
of the same, That tlio eleclions in this State for ineinbers of the House uf
OF SOUTH CAROLINA. B5
Representatives in tlie Congress of the United States, shall he had in tlie A. D. 17881
manner following, that is to say, this State shall be, and is hereby declared ^-^~>'~^-'
to be, divided into five districts, of which, for the present, Charleston dis- Manner of
trict shall form one; Beaufort and Oranoeburgh districts united, another ; ''°''l'"f ^'<"^-
y^ T - -1 1 r^ 1 - T • tions lor mem
Georgetown and Cheraw distiicts united, another ; Camden district an- i,e|.sof coii-
other ; and Ninety-Six district another; and each of the said five districts gress.
shall send one member from this State to the House of Representatives in
the Congress of the United States, to be chosen by the persons qualified to
vote for members of the House of Representatives of this State. And the
said elections shall be holden at the times and places, and regulated and
conducted in the same manner, as the elections for the members of the
House of Representatives of this State at the next general, election. And
the person who, at the said election, shall have the greatest number of
votes in the district of Charleston, and the person who shall have the great-
est number of votes in the united districts of Beaufort and Orangeburgh,
and the person who shall have the greatest number of votes in the united
districts of Georgetown and Cheraw, and the person who shall have the
greatest number of votes in Camden district, and the person who shall
have the greatest number of votes in Ninety-Six district, shall be the mem-
bers from this State to the House of Representatives in the Congress of
the United States.
II. And be it further enacted by the authority aforesaid. That the offi-
cers or persons by whom each of the said elections shall be conducted, andj^^g^^Jj™'
who shall be tlie same persons as shall conduct the elections for members within twenty
of the Legislature, shall make a true return within twenty days thereafter ''f-^'^."'^'^''''"^
to the Governor or Commander-in-chief of this State, of the names of the
persons voting, and of the candidates or persons voted for, at the said elec-
tion, and of the number of votes given thereat for each of the said per-
sons. And that on the fifth day of January next, or as soon thereafter as
the Council can be convened, the Governor shall cause the said returns to
be examined in Council in a public manner, and ascertain the number
of votes given at the said elections for every person, and what five per-
sons have respectively the greatest number of votes in the said districts.
And having ascertained who are the said five persons duly elected in man-
ner aforesaid to be members of the House of Representatives in the Con-
gress of the United States, the Governor or Commander-in-chief for the
time being shall cause the same to be iinmediately notified by proclama-
tion, and notice of such election to be given to each member. And that
the Governor or Commander-in-chief shall deposite the original poll of
each district in the secretary's office of the State.
III. And he it ftirthcr enacted by the authority aforesaid. That in case
the same person shall be returned for two or more of the said districts, he e(i''iii°"ivo'"'Hs-
may choose, within twenty days after due notice shall be given him thereof, tricis to make
for which district he will serve, and on his making such choice, or neglect- <^l'<"ce withm
ingso to do within the said term, the Governor or Commander-in-chief for „.()icii he will
the time being shall direct another election to be held within twenty days serve,
thereafter, for the vacant district or districts, to be conducted and regulated
in like manner as before prescribed. And the Governor or the Command-
er-in-chief shall proceed in the same manner where the member elected in
any of the said five districts refuses to serve, or omits to signify to the
Governor or Commander-in-chief his intention of serving, within twenty
days after he has received due notice of his election; and in case of the
death of any person elected, or if his seat shall become vacated by any
other means, or if two or more persons shall have equal votes for any dis-
8f STATUTES AT LARGE
i.D. 1.G3. trict, the Governor shall order a new election, as the case may require, to
■■^'^''"^^ be conducleil iis near as may i)e in manner lielbrc prescrihed.
IV. And fjf itjurt/tcr enacted by the authority aforesaid. That electors of
Electors of a President of the United States shall he apnonited by the Legislature
SeU "tales "^ ''"* "^tate on the first Wednesday in January next, or by such persons
tdbechoscu as shall be returned members thereof, and shall attend on that day ; and
bf «h* Lcgisia- fjjg said electors, previous to executing their appointment, shall, before
' his Excellency the Governor or Commander-in-chief for the time being,
take the following oath or ailirmation, viz. " I, A B, do solemnly swear or
aUirm, that I will faithfully and conscientiously discharge my duty as an
elector of a President of the United States. So help me God."
In llic Sentti^ Hou^c, tlie fourtii Jay of November, in the year of our Lord one thou-
sand ticvcn bundrpd and eigbty-eigbt, and in the tliirtceiitb year of tlie Independ-
ence of the t^nited States of .\merica.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Rfipresentalhcs.
No 1428 ^^ ACT for tiii: iir.i.iKF ok cf.iitai.v i-ersons, citizkns of this
State, who auk Creditoks on simple Co.ntract of Foreigners
who are dead.
WHEREAS, it is at all times difficult, and oflentimes impracticable, for
persons who reside in this State, and carry on commerce in foreign parts,
to obtain from their debtors bonds or other specialities for their ivspective
demands, whereby an iiiulue preterence may be given to tho.se creditors
who, from their vicinity to the person so dying, may have liquidated tlieir
debts and obtained bonds for the same. And whereas, it is just and rea-
sonable that the assets in this State should be answerable for the debts duA
to the citizens of ilie State, of what nature or kind soever the same
may be ;
1. Be it therefore enacted, by the honorable the Senate and House of
The effect* of Representatives, now met and silting in General Assembly, anil by tluj
deceased per- authority of the same. That where aiiy ])erson (not a citizen of tliis State)
dcnt»,"liabfe"t'o '"i-^ died, or shall die, already indebtetl to a citizen of this State, the asset.s
be taken for and effects within the same, of such ilecoased person, being sutlicieiit for
''*'''* the payment of all iiis debts, shall be liable to discharge the debts due the
citizens of the State, in the same manner as if the same liad been liqui-
dated by bond or other specially ; any law, usage, or custom to the con-
trary notwithstanding.
In Ihi' Scnair, Tiiewlay, ibo fmirtli ilny of November, in tlie year of our Ixird one lliou"
Hand iieven hundred and niebly-eigbt, and in tlio thirteenth year of the Indeprndenco
of t!»e llniled rtinten of Aruerira.
JOHN LLOYD, Prr*id^-nt of the Senate.
JOHN J. PRINGLE, Speaker of the House of lie,,,,. ^e»/,if,rr.i.
OF SOUTH CAROLINA. 87
AN ACT FOR PREVE?<TING THE TRANSPORTATION OF CoNVICTKD MaLK- No. L29.
FACTORS FROM FOREIGN COUNTRIES INTO THIS SxATE.
WHEREAS, the honorable the Congress of the United States, by their
resolve of the sixteenth of September last, did recommend to the several preanble.
States to pass proper laws for jireventing the trausportatiou of convicted
malefactors from foreign countries into the United States, and the Legis-
lature of this State have judged it expedient to comply therewith, to pre-
vent a practice so injurious and affiontive to the American nation ;
I. Be if therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au- Tran|iortation
thority of the same, That every master or person having charge of any ?v^.°f"''*^'"^°'
ship or other vessel, who shall hereafter bring into this State any convicted ,
malefactor or person ordered for transportation for any crime or offence
whatever, from any foreign country, State, or dominion, the ship or vessel
bringing such persons shall be obliged to leave the port in which she shall |
aiTive, within ten days after arrival, and shall not be permitted to take or ; I
receive on board any lading whatsoever, on pain of forfeiture of such ship I
or vessel ; and if any master shall land, or suffer to be landed, or dispose
of the time or service of such person for the payment of his passage, or
-any other claim or demand, such master of vessel or other person having
the charge thereof, shall forfeit and pay for every convicted malefactor or
person ordered for transportation, which such master shall bring into this
State, and offer to dispose of on indenture, of other contract for service,
the sum of five hundred pounds sterling.
II. And he it farther enacted by the authority aforesaid, That every
master of any vessel, or person having charge thereof, who shall bring *'^^'^" "'!"'-
into this State any passenger or passengers, with intent to dispose of theojo^d ,1,5;^
time of service of such passenger or passengers, for payment of his or l^t ofpaasen-
their passage money, or any other claim, such master of vessel shall, and S'"^^'
he is hereby obliged to, deliver at the time of entering his vessel to the
collector of the port where he shall enter, a list of all such persons whom
he intends to dispose of for service, and a particular description of each, and
the collector shall administer to him the following oath or affirmation, viz.
"I, A B, do swear (or affimi) in the presence of Almighty God, that the^'"'''
passenger or passengers whom I have brought in my ship or vessel to be
disposed of on service for payment of his, her, or their passage, is not, or
are not, any of them, convicted malefactors, or persons ordered for trans-
portation for any crime or offence whatever ; but on the contrary, are, to
the best of my information, belief, and knowledge, of good fame, charac-
ter, and reputation ; nor have I brought in my ship or vessel, with intent
to be landed in this State, any person or persons whom I have reason to
suspect is a convicted malefactor, or has been ordered for transportation
for any crime or offence whatever. So help me God."
III. And he it farther enacted by the authority aforesaid, That if any
master of any ship or other vessel shall dispose of any person for service Penalty.
in this State, or shall land and put on sliore any passenger suspected to be
a convicted malefactor, before such captain or master has made oath as
aforesaid, every such captain or master of such vessel shall forfeit and pay
the sum of five hundred pounds for every person who shall be disposed of
or put on shore contrary to the meaning and intention of this Act.
IV. And he it farther enacted by the authority aforesaid. That in case
How ^oove
able.
STATUTES AT LARGE
any captain or master of any sliip or vessel, shall not, al'ler conviction, be
able to pay the penalty inflicted by ibis Act, he shall sutler twelve months
close imprisonment.
V. Antl lie it further enurlii] by the authority aforesaiil, That the fines
and forfeitures intlicted by this Act, shall and may be recovered by action
of debt, bill, plaint, or indictment, to whicli any person offendinj; shall be
compelled to give security to abide the issue of the suit ; a moiety or half
part of which forfeiture .shall go to the prosecutor who shall inform and
sue for the same, and tlie otiier moiety or half part for the benefit of the
Slate.
In llie Senate, Tncisiluy, ilic fourtli duv of .\uveml)cr, in the year of our Lord one tliuu-
eaiid seven liundrcd tind eighty-eight, and in tlic thirteenth year of the Independence
oftlic United Slates of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the lluii.se if Representatives.
No. 143(. AN ACT to authorize Mathias Liverman to erect Bridges over Salt-
catcher river, at or near Williams's Ford, and to vest a Toll, to be col-
lected at the said Bridges, in the said Mathi;is Liverman, for a term
therein mentioned.
(Passed November 4, 17SS. See last roluine.)
Nc.ll3J. AN ACT TO uKfifi.ATU Tin: p.wMr.NT and ukcovf.rv of Dedts ; and
TO pitoiiiiirr Tur. i\ii'oi!r\ tmn oi- Np.<;koi:s foh tiii: ti.mk TiinneiN
LIMITED.
Debm to Ft
paid by imal-
nients.'
WHEREAS, the laws heretofore made concerning the recovery of
debts are found inadequate to the relief of the distresses of the people of
this State ;
J. J3e it therefore cnactri}, by the honorable the Senate and House of
Representatives, now met and sitting in Cieneral .•Assembly, and by the
authority of the same, Tliat all debts whatsoever contracted |)revious to
the fir^t day of January, in the year of our Lord one thousand seven
hundred and eiglily-sevcn, (except debts hereinafter excepted.) slinll be
recoverable by inslulinenis only, to be jmitl in proportion and manner
hereinafter following, that is to say, tliat the ilebtor shall, on the twenty-
fifth diy of .March, in the year of our Lord one thousand seven hundreil
and eighty-nine, pay to his creditor one fifth part of ihe amount of the
principal and inleresl of the debt; and shall, on the twenty-fifth <lay of
March, in the year one thi>usaiiil seven hundred and ninety, pay to his
creditor one other fiflh part of the debt, with the inleresl ihal shall have
accrued on llie said debt ; anil sliall, on th<? twenty-tilth day of March, in
the year one tiiousaiid seven htindred and ninely-one, jiay to his creditor
one other fifth purl of such debt, with the interest which shall have accrued
OF SOUTH CAROLINA. 89
on the said debt ; and shall, on the twenty-fifth day of March, in the year A.D. 17S8.
•one thousand seven hundred and ninety-two, pay to his creditor one other '~-^'"v~^i_^
fifth part of such debt, with the interest which shall have accrued on the
said debt; and shall, on the twenty-fifth day of March, in the year one
thousand seven hundred and niuety-tiiree, pay to his creditor the balance
of the said debt, with the interest thereon. Provided, that whatever sum
shall be paid on account of any instalment, shall be in the first place ap-
plied to the extinguishment of the interest.
II. And be it further enacted by the authority aforesaid, That all bonds
or notes which have been given since the first day of January, in the year Bonds, &c.
one thousand seven hundred and eiEfhty-seven, for debts contracted previ- ij?"' recovera-
ous to that day, and all bonds or notes which have been given payable
according to the instalments prescribed by any former Acts, shall be no
otherwise recoverable than in the manner above directed.
III. And be it further enacted by tlie authority aforesaid, That in all
cases where any sum has been paid since the twenty-eighth day of March, Payments how
one thousand seven hundred and eighty-seven, on account of any debt'' "^^'^'''
contracted prior to the first day of January, one thousand seven hundred
and eighty-seven, such sum shall be allowed the debtor in the payment of
any instalment which shall become due under this Act.
IV^. Ajid be it further enacted by the authority aforesaid. That all cash
contracts ; monies had and received by one person for the use of another ; Exceptions,
all monies paid by a surety for a principal ; all monies due on policies of
and premiums for insurance, subsequent to the fourteenth day of December,
in the year of our Lord one thousand seven hundred and eighty-two; all
monies due on protested bills of exchange, (provided, nevertheless, that it
extend not to bills or orders drawn by one person on another, within the '°*'^°-
State, or bills of exchange drawn for cargoes of negroes, or bills of ex-
change drawn previous to the said fourteenth day of December, in the
year of our Lord one thousand seven hundred and eighty-two); all monies
paj'able by executors, guardians, or trustees, by virtue of any decree or
judgment of any court, for the education, maintenance and support of
orphans ; all debts contracted for the boarding, schooling or tuition of
youth ; the interest due on the paper medium ; all sums due for taxes and
duties to the public ; all debts due upon the sales of lots of land in the
town of Columbia ; all debts contracted payable in principal and special
indents; all sums not exceeding five pounds ; all actions of trespass, vi et
armis, ejectment, actions of trover, actions for rent, qui tarn actions,
actions of slander or malicious prosecutions, or actions of assault or battery,
or false imprisonment, actions in nature of actions for deceit or breach of
covenant, or other actions of mere tort or injury — be excepted out of this
law. Provided always, that nothing in this clause contained shall be con-
strued to except out of the operation of this law all duties due to the public Proviso,
prior to the twelfth day of October, one thousand seven hundred and
eighty-five, or such debts payable to the public m money as were incurred
for the purchase of confiscated property, sold for the benefit of creditors,
or such amercements as may be still due to the public, but the same shall
be recoverable by instalments only.
V. And be it furtlier enacted by the autboiity aforesaid. That the
creditor in every case may insist on having sufficient security for the "'I'^'e |ij"|''"'^ '
debt, payable by instalments, as aforesaid ; and after demand, either per-
sonally or in writing, by him, her, or his or her attorney, if the debtor shall
fail within thirty days to give such security, within the county or parish in
which he shall reside, as any one or more of the judges of the superior
court, any one or more of the justices of the county courts, any one or
VOL. v.— 12.
90 STATUTES AT LARGE
A.n. 17PR. niore of the justicns of tlie pence of the county or pavisli, any one or more
^-^~'^'''*^^ of the commissioners of special bail, not exceeding three resi>ectively, at
the option of the creditor, shall deem sutlicient, then, and in sncli case, the
creditor mav fortjiwith commence a suit atjanist the debtor for the recovery
Proviso. of the whole delit. Provided always, that if adecjuate security, as above
piescribeil, shall, alitor the conmieticement of such suit, bo tendered by liie
debtor to the creditor, at any time pending the same, or before the sale
under execution, then the instalment due on such debt shall be recoverable,
anil no more, till the subsei]uent instalment accrues. And no jud'jnient
which may be recovered for any money hereby directed to be paid by in-
stalments, shall bind the property of the debtor for more than the instal-
ment actually due, if the debtor shall -rive to the creditor such sufficient
security for the remainder as is herein above reijuired.
VI. Anil he it further t'limlcd by the authority aforesaid, That if the
Properly to be debtor shall fail, neglect or refuse to give such security for the whole of the
levied on in debt as is herein ie<iuireil, and iudij;nient shall be obtained against him,
cii.sc of failure, . . J • , • 7 i ■ i i n i i i
dec. and execution issueil, in such i:ase the pio|ierty levieil upon snail be sokt
for the benefit of the creditor, for payment of the whole debt, agreeably to
the periods prescribed in this Act ; and the sh<-riH' shall take from the )>ur-
chaser good ami sufticient personal security, and niort<;age, if reipiired, of
the property sold, for his complying with the terms of the sale. And if
indivisible property should be sold for cash and credit, agreeably to the
terms of this .Act, then the ceditor shall be obliged to take and receive
from the slieritf so much of the bonds for which the property sold as shall
amount to the debt, with good and suflicient personal secuiity, and mort-
gage (if required) of the property sold ; and the surplus, if any, shall be
delivered to the clebtor, who shall, ujion the creditor's receiving the said
bonds, be discharged from the debt.
VII. Avd he it further enacted by the authority aforesaid. That if judg-
Pavment made ment shall be obtained in any suit, and before the plaint iff proceeds to
before cxccu- execution the defendant shall pay the instalment due, with the costs incur-
tion issued, i,,, i ,.| i /•■
future insial- red. It shall not ho necessary to renew the judgment hy seirr Junnx, or to
mcnt rccovera- commence another action when any subsequent instalment shall accrue,
^' but it shall be suflicient to serve the defendant wuth a rule of court, thirty
days previous to the sitting of the court, to show cau.se, if any he can, why
an execution should not issue against hmi for the next instalment, which,
if he fail to do, ihen execution shall i>siie accordingly ; and the same j)ro-
ceedings shall be had u])on every instalment becoming due.
VIII. .-«;;(//'(■;//«;//((•/• <7)«<-/iy/ by the authority aforesaid. That the prin-
cipal sum of all judgments which have been or shall be obtained, and all
IniiTc."! ib-iiwn. ojien accounts, shall draw interest from the time thry become due. Pro-
vided aways, that no judnnienl or open account .-.hall draw inlen-st for any
lime previous to the twenty-sixlli day of March, one thousand sevtm hun-
dred and eighty-four ; provided also, that nothing in this Act contained
shall be construed in any manner lo affect the ipiestion of interest during
the war between llm citizens of the I'nited States and the subjects of his
Hrilannic Majesty, but that it shall be open lo judicial decision in the same
manner as if this .'\ct had not p.issed.
IX. And he it further ciKieted \t\ the authority aforesaid. That wheic
Anion.", &<-. executions have issued, judcmenis been entered np. verdicts oblained, or
noi dinconiinu- actions comiiienced, hince the Pence, and no pioceedint;s have been had
' ihereon for the space of a yeai or upward, they shall not be deemed dis-
continued and the jiarties obliui-d to lake out ii term's notice, ii xrire /ileum,
or commence prooeeilings de aoro, but it shall Ix- suflicient In serve the do-
fenilant with a rule of court, thirty days jirevious lo the sitting of the cnuit,
OF SOUTH CAROLINA. yi
commiuKliiio him to show cause, it' any he can, why proceedings should A.l). I.;j3.
not be continued ; which if he fail to do, the said proceedings may be con- ^-^"v-^>./
tinned to execution, or the executions, where they have been issued, shall
be renewed.
X. And be ilfurtlier enacted by the authority aforesaid. That whenever
any levy has been made, or any execution, and no sale had thereon, the Half commis-
sheriff who has made the levy shall be entitled to receive from the debtor ^"'°^-
half commissions on the sum levied for and recoverable according to this
Act, together with all legal charges actually incurred by hmi in making
the said levy. Provided nevertheless, that if the sherifi' who has made the
levy as aforesaid does not caiTy the sale of the property into effect, that
the half commissions and charges so paid him as aforesaid shall not be paid
again to any other sheriff', but so much shall be allowed and passed to the
credit of the debtor on account of the said execution.
XL And he it further enacted by the authority aforesaid. That no sheriff
or other officer shall be authorized to sell any real or personal property in Payable in tlie
virtue of his* office, at public auction, for specie only ; but all purchasers at^^'''^ ""^ """'
such sales shall have the option of paying either in specie or the paper
medium ; any law to the contrary notwithstanding.
XIL And he it further enacted by the authority aforesaid. That the judges
of the supreme court shall have power to make all requisite rules and Power of the
regulations for the better carrying this Act into execution in the most easy •'"•'S'^^-
and equitable manner, between creditor and debtor ; which rules and
regulations, as far as may be practicable, shall be observed in all the courts
throughout the State.
Xin. And he it further enacted by the authority aforesaid. That no per-
son shall avail himself of this law who shall fail to pay and discharge all his L^.^^A^ff'j'f '
. f J 7 not entitled to
arrears oi taxes now due since the year one thousand seven hundred and the benefit of
eighty-three, inclusive, within two months from the passing of this Act, ''"^ '^<■'•
and all taxes which may hereafter become due, within two months after
the same may be so due ; and that no tax collector shall have the benefit
of this law who shall not settle his accounts with the commissioners of the
treasury on or before the fifteenth day of January next, and return a list
of all defaulters to the commissioners of the treasury, who are hereby
directed to publish the same in the State Gazette.
XIV. And be it further enacted by the autlioritv aforesaid. That the , ■ , . .
, ^ ., , •> , ^ , • 1 ■ I .special uidents
treasurers and tax collectors be empowered to receive the special indents receivable.
issued and to be issued for the years one thousand seven hundred and
eighty-eight and one thousand seven hundred and eighty-nine, in payment
of all taxes, duties, or other debts due the public, and payable in special
indents.
XV. And be it further enacted by the authority aforesaid. That if any per-
son or persons shall assault, beat, wound or oppose any sheriff" or sheriff 'Sg^^^j^j^V sheriff
officer, or other person lawfully authorized, in the execution of their office, &c.
for the carrying of this Act into execution, each and every such person and
peisons, in addition to the punishment which may be inflicted by the court
where such offence shall be tried, shall, on conviction, be thereafter ren-
dered incapable of being employed by or of serving the State in any office,
civil or military.
XVI. And be tt further enacted by the authority aforesaid, That now ,
negro or other slave shall be imported or brought into this State, either by importiug
land or water, on or before the first day of January, one thousand seven slaves.
hundred and ninety-three, under the penalty of forfeiting every such slave
or slaves to any person who will sue or inform for the same, and under
the further penalty of paying one hundred pounds to the use of the State,
92
STATUTES AT LARGE
Repealing
clause.
for every such negro or slave so imported or broutjht in. Provided, that
nothins; in this prohibition contained shall e.\tend to such slaves as arc
now the property of the citizens of the United States, and at the time of
passing this Act shall he wiihiti the limits of the said Uniled States.
- XVII. And be it further enacted hy the authority aforesaid, That all
former instalment laws, and an ordinance iin|>osing a pcualty on persons
importing nesfroes into this State, passed the twenty-eighth day of March,
one thousand seven hundred and eighty-seven, be, and the same are here-
by, repealed.
Ill the Senate, Tiie.sdav, the fourth day of \ovcinher, in the year of our Lord one
thousanil i'even hundred and eighty-eight, aud in the tliirteenth year of the Indepen-
dence of the United States of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Re/trcsentatires.
No. 1432. AN ACT for naturalizing tiik Ri:verf.xd Tuomas Frost axu the
Revekend Thomas Mills, and their descendants.
WHEREAS, the Reverend Thomas Frost, of Charleston, and the
Reverend Thomas Mills, of Saint Andrew's parish, in the Stale aforesaid,
p . I have, by their respective petitions to the Legislature, humbly prayed that
they and their descendants respectively may be partakers of all the rights,
privileges and immunities which the natural born citizens of the State of
South Carolina do enjoy ;
L Be it therefore enacted by the honorable the Senate and House of
Representatives, now met and sitting in General Assemlily, and by the
authority of the same. That the said Thomas Frost and Thomas Mills, on
onirThornaT taking and subscribing the oaths of allegiance and abjuration, before any
Mills admitted one of the judges of the court of common pleas of this State, they and (heir
citizens. descendants respectively shall be dei'med, adjudged and taken to be natu-
ral born citizens of this State, to all intents, constructions and jiurposes, as
if they had been or were born within the same.
In ilie Senate House, the fourth day of Fehrnary, in the year of our Lord one thou-
sand seven hundred iind ei;;hty -eight, and in the tliirtoenlli year of the Independence
of the United States i«f .\moriea.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of tJie House of Represcntal ires.
No. 1133. AN ACT to authorize the Commissioners of the Trkasury to pav
the Mf.miii rs, Sicretarv, Ml:SS^.^OER A\D DoOIIKEErERS OF THE
late State Cowe.vtion, anu the Mk.mbkr.s of the LF.«;isLATi'nE,
For their attendance during the prkse.vt and former Session;
AND ALSO Mr. Philip Prioleau.
I. Be it enacted, by the honorable I he Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
OF SOUTH CAROLINA. 93
the same, Tliat the commissioners of the treasury be authorized, ami they A.D. I/SS.
are hereby authorized and ordered, to pay, Out of any monies m the trea- '•-^^^''"^'^^
siiry, (prior to any other claim or order thereon,) or discount out of any Treasurers to
duties that are due or mav hereafter become due, such certificates as shall P?-^ ceruficates
1 , , . , • . . /- 1 1 r- 1 11°' iiieujbers.
be presented to the said commissioners tor the attendance oi the members
in the State Convention, subscribed by his Excellency Thomas Pmckney,
Esq., President of the said Convention, and all such certificates for attend-
ance of the members in either branch of the Leijislature, for the present or
the former session as shall be subscribed by the President of the Senate or
Speaker of the House of Representatives ; also, fifty pounds sterling to
Mr. Philip Prioleau, for the use of his house, for the service of the honor-
able the Senate during the former and present session ; any law to the con-
trary thereof in any wise notwithstanding.
II. And be it further enacted by the authority aforesaid, That John ,.,
c. le 1 T-v T-. e 1 • r 11 1 p 1 • ■ Allowance to
Sandioru Uart, Esq. secretary oi the convention, be allowed, for his servi- Secretarv, &c.
ces, twenty pounds ; Ralph Atmar, messenger, and Ichabod Atvvell and
John Bonne'theau, doorkeepers, five pounds each; and that the secretary
be also allowed all incidental charges to the convention, to be paid in the
same manner as the members of the Legislature and Convention before
recited.
In the Senate House, the fourth day of November, in the year of our Lord one thou
sand seven Iiundred and eighty-eight, and in the thirteenth year of tlie Tndependi
of the United States of America.
lencc
JOHN LLOYD, 'President of tlie Senate.
JOHN J. PRINGLE, Speaker of the House ofRej/resentatires.
AN ORDINANCE to remove any obstructions to the passage of No. 1434.
Fish up Rocky Rivep., as far as Joseph Culton's Mill.
1. Be it ordained, by the honorable the Senate and the House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same, That every person who hath or may hereafter erect any mill^,
dams or fish dams across Rocky river, between the mouth thereof and Jo- he removed in
seph Culton's mill, shall, by the first day of March next after passing this Rocl<y river.
Ordinance, provide a good and sufficient slope, eight feet wide, for the
passage of fish ; and upon neglect thereof shall forfeit and pay to any
person who shall inform and sue for the same, the sum of five pounds for
every week during which such obstructions shall continue after the time
aforesaid.
In the Senate, Tuesday, the fourth day of November, in the year of our Lord one thou-
sand seven hundred and eijhty-eiglit, and in tlie thirteenth year of the Lidependence
of the United States of America.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of tke House of Representatives.
STATUTES AT LARGE
No. 1135. AN ACT to i:xempt .Ioii\ Cha.mi'Neys fuom the i'ains anu penalties
OF THE Act of Confiscation.
WHEREAS, a miniber of citizens have petitioned tlie Legislature that
the Act of confiscation and banislinient may be taken oft'.Iolni C'banipneys;
L Be it theril'ore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
, „. „ ., authority of the same, That the said Act, so far as it relates to the said
exempted from John Champneys, be repealed ; and that the said John Champneys be,
penalty, &c. and he is hereby, admitted to all the rights, privileges and ininuinities of a
citizen of this State, u])on his taking and subscribing the oaths of allegi-
ance and abjuration before either one of the judges of the court of com-
mon pleas, and recording a certificate thereof in the Secretary's office ;
any former law to the contrary hereof in any wise notwithstanding.
In the Senate lIouKe, tlie seventh day of March, in tlie year of our Lord one thniitinnd
seven hundred and eid'ty-niue, and in the thirteenth year of the ludepcndenee of
tlie United States of America.
D. DESAUSSURE, Presided of the Seriate.
JACOB READ, Sjieakcr of the House of Representatives.
No. 1436. AN ACT to alter the places of holding Elections for Memiieiis
OF THE LeGISLATCRE FOR THE PARISHES OF SaINT JaMI:S, SaNTEI:,
CiiKisT Church, Prince FREnEHicK, St. Helena, All Saints, and
St. George, Dorchester; and for other purpcses therein Men-
TIO.N'EU.
WHEREAS, the holding of elections for members of the Legislature
for the parirhes of St. James, Santee, at the parish church only, as the
ream) e. ggj^^ jjj .,j present by law established, is found from experience to be very
inconvenient :
L Be it therefore enacted,- by tlie honorable the Senate and House of
Representatives, now met and sitting in (leneral Assembly, and by the
Places of dec- authority of the same, That nil elections for the parish of St. James, San-
iion lor Siimt jgg ff,^ members of the Senate and House of Keiiie.scntatives, shall he
James, santee, , , , . ^ i , i i * i i i i i ■ i i i
established. held hi luture on the same day, at the hcliaw church and tlie ]innsli church,
and that two managers be a|ipoiiiled for conducling the eleclion at Ecliaw
church ; that the managers at each of the said churches shall receive the
votes and take the names of the electors ; and on the day following, ihey,
or any two of them, ]irovided there be one muiiager from each of
the said places of eleclicm, shall meet at llie parish church of St. James,
Santee, com])are the voles, and decli-.ie the jiersons elected ; any law,
usage or custom to the contrary nolwiihstandiiig.
11. And he il further viiiiclrd by the authority aforesaid. That the
ForC'lirist managers f>f the elections of niiMTibers of ilu- Legislature for ihc jiarisli of
Church. Christ Church, shall hold the same at the house at present belonging to and
in the occupation of Jaiucs Golicr Edun.
OF SOUTH CAROLINA. 95
III. Atid he it furtker enacted hy the authority aforesaid, That the elec- A.D.17R9.
tions for members of the Legislature for Prince Frederick parish shall, ^-^''^'~^-^
in future, be held on the same days, at the Kingstree bridge, and at the pimes of elec-
house at present in the occupation of George White, and also at the house''"" J"'. P""'^'^
•1 ■ (•/-! *TiT\r/^ 11 1^ reaenck s
at present in the occupation oi Captain John McOree, and also at the parish.
Episcopal church of said parish ; and that two managers shall be appoint-
ed for holding them at each of the said houses of George White and Cap-
tain John McCree, and at the Episcopal church, and Kingstree bridge,
respectively. And the said managers, when the poll is closed, shall respec-
tively seal up the ballot boxes ; and any four or more of them, provi-
ded there shall be one from each of the said places last aforesaid, shall
meet on the following day at the said house of the said George White, to
open the same, and then and there declare the persons elected members
of the General Assembly for the said parish.
I V^. A/id he it further enacted by the authority aforesaid. That all elections
in St. Helena pai'ish for members of the Senate and House of Representa- ^^ St. Helena,
tives shall be held at the church at Beaufort, and at the place appointed
for building St. Luke's church, on the main, on the same days ; and that
managers be appointed for conducting the election on the main ; and that
the managers of both elections shall receive the votes, and take the names
of the electors ; and in six days after the election, the said managers,
or any two of them, provided there shall be one manager from each
of the said places of election, shall meet in Beaufort, and compare the
votes, and declare the persons elected ; any law, usage or custom to the
contrary notwithstanding.
V. And he it further enacted by the authority aforesaid. That the mana-
gers for the election in All Saints parish, for members to the House of For All Saints.
Representatives, shall keep a box and receive votes for a senator, to serve
for the joint parishes of Prince George and All Saints ; and the box shall
be carried to Georgetown, within six days after the said election, by one of
the managers for the said parish of All Saints, and the same shall be open-
ed by the managers in Prince George's parish, in the presence of the
managers of All Saints parish, and the votes shall be added to those receiv-
ed in Prince George's parish, and the managers as aforesaid shall declare
the person elected a senator.
VI. And he it farther enacted by the authority aforesaid, That all the
elections for the parish of St. George, Dorchester, for members of the For St.George,
Senate and House of Representatives, shall be held in future on the same Dorchester.
days, at the parish church in the village of Dorchester, and at the chapel
of ease at the Four Holes, in the said parish ; and that two managers be
appointed for conducting the election at the chapel of ease ; that the man-
agers of both elections shall receive the votes and take the names of the
electors ; and on the day following, they, or any two of them, provided
. there be one manager from each of the said places of election, shall meet
at the parish church of St. George, Dorchester, to compare the votes and
declare the persons elected ; any law, usage or custom to the contrary
notwithstanding.
VII. And he it further enacted by the authority aforesaid, That it shall
not be lawful for any elector, in any or either of the parishes or districts No elector to
which have been subdivided for the convenience of electors, to give more ,i"„„ J^^p place
than one vote in the same parish or election district, for senators or for of election,
members of the House of Representatives of this State, under pain of
forfeiting ten pounds lawful money of this State for every vote after
the first, to be recovered by the attorney general, upon information of
any citizen of this State, and to be applied to the sole use of the State.
06 STATUTES AT LARGE
A. D. I78y. Ami ill order to carry this purpose into eflect, atiii to prevent as niucli as
^'^'^^'"'^^ possilile the giving of double votes, the managers of elections are hereby
Maimsersof directed and required to publish, at the time of election, this clause, in the
electioiis 10 several parishes or distiicts subdivided, and to return to the clerk of the
publish tuis TT .• I ■ I - /• 1 • I II ■ I -11
cluuso. House from which any writ of ek-cliou shall issue, together with the writ,
an accurate list of the names of the voters in their respective jnirishes or
election districts, who may vote at any such election fr)r seiiatoi-s or mem-
bers of the House of Kepreseiitatives, on pain of forfeitins for such ne-
glect the sum of ten pounds lawful money of this State, to be sued for,
recovered and apj)lied in like manner as the penalty last above mentioned,
to the use of this State.
In the Senute House, llic seventh duy uf March, iu the yenr of our Lord one Uiousaod
seven hundred and ei|;hty-nine, and in the thirteenth year ofthe Independence of the
United States of America.
D. DESAUSSURE, President of the Senate.
JACOB READ, Spea1;er of the House of Rvprescnlatirrs.
No. 1437. AN ACT to confirm the title of tuk Company fou openinu the
Navigation of the Catawba a.m> Watereu Rivers to Lands pur-
chased BY Tiii:.M OF Richard Ellis; a\i> to vest in tiii: s\iu Com-
PA.NY the Lands tu' rein me.ntioned.
WHEREAS, the coni])any foi opening the navigation of the Catawba
and W'ateree rivers purchased live hundred acres of land al and near
Rocky Mount, on the Catawba river, from Richard Ellis, for live hundred
and eighty-one pounds sixteen shillings and three pence, and paid the said
Richard Ellis one hundred and eighty pounds, in ])art ofthe said purchase
money, but have lately discovered that a moiety of the piemisi's was con-
Preamble, veyed to him from James Rugge, since the twenty-sixth day of I'V'bruary,
one tliousand seven hundred and eighty-two, and is therefore liable lo bo
sold by the commissionei-s of coiiliscaled estates, for the benefit of the
public, as part of the estate of the said .lames Rugge. whose estate haii
been confiscated ; and whereas, the price given for the said land was the
value thereof at tlu; lime of the said purchase, but the value has been
greatly increased by the im|)rovemeiils, labour and ex|)ense of the said
company ; and from the indigent circiinislances of the said Richanl Ellis,
they could not be recom|)ensed in damages on beins; evirled of the said
laiiil ; and the said Richard i'^llis liavins; consenled to release the said
company fioni a moiety of their debt, and thai such moiety shall \n- paid
by them to the public in case the Leirislalure lliink ])niper to conniin tin-
title of the said company to the said laii<l ;
L /{(,■ it llunfitrc imirtid, by the honorabh' the Senate ami the House <if
_. , , , Renresenlalives, met and sillinir in ( Jeneral Asseinblv, and by the aiilhoiilv
Title lo land ,. ' ,,,,' , . , , , ,. , ■ , ■' ,■ ■ ■ i'
conlirmod. of the same, J liat tlie right and tilU? nl ilic said company of, m ami In tlie
land at and near Rocky Mount, on ('alawba river, ))urchased by them ofthe
said Richard Ellis, shall be, uiiil the same is hereby, conlirineil and estab-
lished, and the said land is hereby vest.'d in the said coinjiany and iheir
successors forever.
OF SOUTH CAROLINA. y7
n. And be it further enacted hy the authority aforesaul, That the said A.U. 17t;9.
coiupaiiy shall pay to the commissioners of the treasury of this State, ^-^'^'""^-^
agreeable to the instalment law, two hundreJand ninety pounds eighteen One half of the
shillings and one penny halfpenny, with intei'sst from the first day ofl'™'' °^*""''
March, one thousand seven hundred eii^hty-eight, being a moiety of the to the Slate,
purchase money of the said land.
III. And whereas, by the Act for incorporating the said company, they
were entitled to all the lands within two miles of the said river, from Cam-
■ den ferry to the North Carolina line, which were then not granted to any
person or reserved for the Catawba Indians, provided the said company
should cause the said lands to be surveyed within three years from the
passing of the said Act ; which proviso subjects the said company to many
inconveniencies and difficulties in obtaining the said lands : Be it therefore f^'g'^g l" '""''j
enacted, that all the lands within two miles of the said rivers so to be made company,
navigable, from Camden ferry to the North Carolina line, which were not
granted before the twenty-seventh day of March, one thousand seven hun-
dred and eighty-seven, to any person or persons, or reserved for tiie Cataw-
ba Indians, shall be vested in the said company and their successors, for-
ever ; any law to the Contrary notwithstanding. Provi_ded nevertheless, p,oviso.
that any person who, between the twenty-seventh day of September, one
thousand seven hundred and eigiily-si.x, and the twenty-seventh day of
March, one thousand seven hundred and eighty-seven, made an actual
and bona fide survey (on a warrant duly issued) of lands within two miles
of the said rivers, shall be entitled to a grant for the land so surveyed,
within six months next after the passing this Act, (but at no time after-
wards,) if the persons who have caused such surveys to be made shall,
after notice to the president of the said company of an intended applica-
tion for a grant, show, to the satisfaction of the Governor and Council or
commissioner of caveats in the district where the land lies, that such sur-
veys have been actually and bona fide made as aforesaid.
In the Senate House, the seventh day of March, in the year of our Lord one thousand
seven hundred and eight}'-nine, and in the tiiirteenth year of the Independence
of the United States of America.
D. DESAUSSURE, President oj the Senate.
JACOB READ, Speaker of the House of Rej^resentatires.
AN ACT TO EMPOWER THE VeSTRY AND ChUKCHWARUENS OF THE EpiS- No. 1438.
COPAL Church op Claremont, in the Parish op St. Mark, to
SELL AND DISPOSE OP A CERTAIN TRACT OP ONE HUNDRED AMD PIPTY
ACRES OP Land, situate in St. Mark's parish aforksaid, and for
PURCHASING A MORE CONVENIENT PIECE OP LAND, AS A GLEBE, FOR
THE USE OF THE MiNISTKR OP THE SAID ChUKCH OP ClAREMONT.
WHEREAS, Richard Richardson, late of the said parish. Esquire,
, deceased, did, by lease and release, dated in April, which was in the year Preamhle.
of our Lord one thousand seven hundred and sixty-four, convey unto the
vestry and churchwardens and rector of the said parish of St. Mark's, a cer-
tain tract of one hundred and fifty acres of land, as a glebe, for the minister
of the said parish, -which, from its remote situation, is found by no means
VOL. v.— 13.
98 STATUTES AT LARGE
A. U. 1789. to answer tlie good intentions of the donor ; and whereas, the vestry and
^-^''^'"^~' cliurchw;irdens and others, meinhers of tlie E]>isci>i)al diurth of Clare-
inont, in the said parish of Saint Mark's, did, by tlieir petition to the Gen-
eral Assembly now sitting, set forth that tlic said tract of land had for a
considerable length of time lain useless, and was likely to reniam so, from
its remote situation in the said parish, which was thinly inhabited by mem-
bers of the E]iiscopal church, and thereby praying that a law might be
passed to empower them to sell and dispose of the said tract of land, in
order that they might be enabled to purchase a more convenient glebe, for
the use of the minister of the said church :
1. Be it therefore cnaetctl, by the honorable the Senate and House of
Vesirv and RepresiMitatives, now met and sitting in General Assembly, and by the
cmpmvcr"d'io' ''uthority of the same, That it shall and may be lawful to and for the vestry
gell glebe land, and churchwardens of the -said Episcopal church of Clareinont, in St.
Mark's parish aforesaid, or a majority of them, to sell, alien, demise, re-
lease and convey, in fee simple or otherwise, to such person or persons as
may choose to become purchasers of the same, or any pait thereof, all that
plantation or tract of one hundred and fifty acres of land, situate in St.
Mark's parish, and so as aforesaid conveyed by the' said Richard Richard-
son, deceased, unto the vestry and churchwardens and minister of the said
parish, as a globe, and upon sale thereof, or any part thereof, to invest
and appropriate the monies arising therefrom in such way and manner and
to such use and uses, for the benefit of the said Episcopal chuicli as the
said vestry and churchwardens, or a majority of them, shall think fit and
proper.
In the Senate lluuse, the seventh day of March, in the year of our Lord one thousand
^evcn hundred and eighty<niiic, and in the thirteenth year of the Independence
of tlie United States of America.
D. DESAUSSURE, PresideiU of the Senate.
JACOB READ, Speaker of the House of Representatives.
No. 1439. AN ACT to incorporate the Vestry and Churchwardens of the Epis-
copal Church of the Parish of St. George's, Dorchester, and for vesting
in them and their successors in office the several dotiatimis and other
charitable funds belonging to the Parish ; and for other purposes
therein mentioned.
(Passed .March 7, 1789. See last volume.)
No. 1 140. AN ACT for incorporating the Society for the relief of elderly and
disabled .Ministers, atid of the Widows and Orphans of the Clergy of the
Independent or Congregational Church, in the Slate of South Carolina.
(Passed .March 7, 1789. See last volume.)
OF SOUTH CAROLINA. " 99
AN ACT TO ENABLE MaUY Cu.MMING TO SELL AND COXVEV CKKTAI.V Nu. 1441.
Lands in the Disthicts of Charleston and Beavfort.
WHEREAS, Mary Cuniining, by her petitiun to the Legislature of this
State, hath represented that lier fathei-, at the time of his Jeath, was seized
in fee of a lot of land in the city of Charleston, and also of a tract of land ■>,„ ,•
Situate m ijeautort district, near to the town or Jaeauiort, and, neiiig so
seized, died intestate, leaving no other issue than the said Mary and lier
two sisters, whereby one third part of the said lands descended to her ;
and that to provide for her sujiport and that of lier child she had agreed to
join her sisters in, and had contracted for, the sale of the said lands, but that
the legality of her title had been disputed in consequence of her marriage
with Andrew Gumming : And whereas, the said Mary Gumming liath also
set forth that her said husband is a British subject, that he quitted this
State with the troops of his Britannic Majesty, and if alive, is still abroad,
and furthermore that he has not afforded any comfort or maintenance to
her or her said child since the evacuation of this city by the British troops;
wherefore she prayed that slie may be authorized and empowered by Act
of the Legislature to sell and convey all and singular the said lands to
which she is entitled as aforesaid :
I. Be it therefore enacted by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That it shall and may be lawful to and for the said ManCumming
Mary Gumming to sell and dispose of her part or share of the said lands, •"'"P"^'''"''"' '"
and to make and execute good and sufficient conveyances to the same, ^^ "" '
and to give acquittances and discharges for the purchase monev, in the
same manner, to all intents and purposes, as if she were sole ; any law,
usage or custom to the contrary thereof in any wise notwithstanding.
In the Senate House, the seventh day of .llaich, in the year of our Lord one thousand
seven hundred and eighty-nine, and in tlic thirteenth year of the Independence
of the United Stales of America.
D. DESAUSSURE, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ACT to authorize the Commissioners for continuing East Bay No. 1442.
street to Ashley river, to make a new assessment for completing the
same; and to repeal the twenty-eighth clause of an Act of the General
Assembly, passed the twenty-second day of March, in the year of our
Lord one thousand seven hundred and eighty-five, entitled " An Act
for keeping in repair the several High Roads and Bridges throughout
this State ;" and an Act of the General Assi-mbly passed the twenty-
seventh day of March, in the year of our Loid one thousand seven hun-
dred and eighty-seven, entitled " An Act to authorize the Commission-
ers for continuing East Bay street to Ashley river, and to make a new
assessment for completing the same."
(Passed .March 7, 1789. See laxt mlume.
fJTATUTES AT LARCE
No. 1443. AX ACT r.iu vksting in Damf.l Comber, his heirs am) Assic.vs.
SUCH PARTS OF THE KsTATE, RKAL AM) PERSONAL, OF TuilMAS
Fletchall, as have not vet bken sold by the Commission'!. rs
OF Confiscated E.states; and for other purposes thkkijn men-
tioned.
Estate of T.
Fletchall vest-
ed ill Duniel
Coml'Cr on cer-
tain couijilious
Said Comber
Dfil eiviiii se-
curity, &c.
WHEREAS, sundry claims have arisen asjainst the estate of the saiil
Thomas Fletchall, which aiu yet uiisetrled, ami there buinsj! SDine part of
the estate of the said Thomas Fletchall, yet undisposed of liy the coui-
missioners of confiscated estates, and also several dclils due to the said
Thomas Fletchall, sufficient in the whole to answer all demands against
the said Thomas Fletchall In order, therefore, to invest in some jiioper
person the residue and remainder of the estate of the said Thomas Fletch-
all, (not yet sold or disposed of l>y the commissionei-s of confiscated
estates as aforesaid,) to enable him to discharge the claims against the said
Thomas Fletchall ;
I. Be it enacted, hy the honoralile the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the aiilhorily of
the same. That froin and immediately after the pa.ssing of this Act, all the
estate, real and personal, of the said Thomas Flelchall, not yet sold or dis-
posed of by the said commissioners, shall be, and is hereby, vested in Dan-
iel Comber, his heirs and assigns, forever. Provided, neverlholess, and
upon condition, that the said Daniel Comber shall, within tlir»-e moiiihs
after the passing of this Act, give bond with good and sufficient security
to Thomas .reukins and others, the heirs of Richard Jenkins, deceased, to
indemnify them against the penalty of a bond for two thousand jiounds
sterling, which the said Richard .Teukins signed in his lifetime, as security
for the said Thomas Fletchall, that he, the said Thomas Fletchall, should
well and truly administer the estate of ICdward Flintliain, deceased ; and
that llie said bonil to indemnify the said Thomas Jenkins and others, shall
be approved of by two or more justices in the county of Chester.
H. And be it further enacted by the authority aforesaid. That if the
snid Daniel Comber shall ni'Elector refuse, within the time limited by this
Act, to give the security abovementioned, then such jtarts of the estate,
both real ami personal, of the said Thomas Fletchall. as have not yet been
disposed of by the said commissioners, shall be, and the same is hereby,
vested in the sniil Thomas Jenkins, in trust, that he shall sell at public
sale, after twenty-one days notice, on a credit of twelve months, iind con-
vey in fee sini]ile, so innch of the said residue of the estate of the said
Thomas Fletchall, as will indemnify the said Thomas .renkins and others,
the heirs or representatives of the said Hiclianl Jenkins, for all losses oc-
casioned by the sniil Thomas Flelchall not havini; duly administered tho
estate of the said Edward Flinthani, and ptiy and deliver over the balance,
if any there be, to the said Daniel Comber; and the said Thomas Jenkins
shill have full power anil niithority. by virtue of this .\c\, to sue for and
recover all and singuh-.r th<- residue of the said estate of the said Thomas
Flelchall, undisposed of, out of tli<r hands of any person or persons who
may bo in possession of the same ; and the said Daniel Comber, and liis
OF SOUTH CAROLINA. 101
heirs, shall be thenceforth forever barred from any claim upon the saiJ es- A.l). irR9.
tate by virtue of this Act. v-^-v-^^^
In the .Senate Hou?e, the seventh day of Maich, in the year of our Lord one thousand
seven hundred and cisrhty-nine, and in the tliirteenth year of the Independence of the
United States of America.
D. DESAUSSTJRE, President of f/ie Senate.
JACOB READ, Speaker of the House of Representatives.
AN ACT to remedy the defects of the Courts of Ordinary in the several No. 1444.
districts where there are no county courts, as to matters and cases in
which the Ordinaries of those districts may be respectively interested.
(Passed March 7, 1789. See hist vohime.)
AN ACT TO CONFIRM THE SALE OF A CERTAIN TRACT OF La>D THEREIN Ko. 1445.
MENTIONED.
WHEREAS, Samuel Legate and Benjamin Legare, by their petition
setting forth, among other things, that a certain tract of four hundred acres
of land in St. Peter's parish, bounding on Savannah back river, late the
property of Colin Campbell, deceased, had been sold at public sale by the PreamHe.
sheriff of Beaufort district, under a judgment and execution obtained at
their suit against the estate of the said Colin Campbell, deceased, a person
named in the Act entitled " An Act for disposing of certain estates and
banishing certain persons therein mentioned," and praying that the sale
thereof may be confirmed. And whereas, it is but just and reasonable,
imder the circumstances set forth in the said petition, that the^sale of the
said land should be confirmed to the purchaser thereof;
L Be it enacted, by the honorable the Senate and House of Repie-
sentatives, now met and sitting in General Assembly, and by the authority ^"'^ "f .''""l
of the same, That the sale of the said tract of land made by the sheriff as raiiHc'dand
aforesaid, be, and the same is hereby, ratified and confiimed; and the confirmed,
estate, right, title, and interest therein, is hereby vestt-d in the purchaser
thereof, his heirs and assigns forever; any thing in th.? said recited Act to
the contrary thereof in any wise notwithstanding.
In the Senate House, the seventh day of March, in the year of our Lord cue thousand
seven hundred and eighty-nine, aud in the fliirteentli year of the Independence of
the United States of America.
D. DESAUSSURE, President of t/ie Senate.
JACOB READ, Speaker of the House of Representatives.
STATUTES AT LARGE
No. 144G. AX ACT for incorpoi-aliiig the Clareniont Society at Statesburgh, in St.
Mark's parish.
(Passed March 7, 17S9. See last rulume.)
No. 1147. AN ACT to revive ami continue the Authority, Acts, and Judicial Pro-
ceedings of the Court of Common Pleas, to be held iu Charleston ; and
for other purposes therein mentioned.
(Passed March 7, 17S9. See last volume.)
No. 1448. AN ACT kok the removal of the Public Records out of Ch.\rli:s-
TO.V, .\N'D for other PURPOSES THEREIN' MENTIONED.
WHERE.AS, by an Act passed on the twenty-second day of March,
one thousand seven hundred and eiylity-six, tlie town of Columbia was
rri-amblc. fixed on for the future seat of government and deposite of ])ub!ic records;
and whereas, it is essential to the general interests of the State that the
same be carried into elfect, and that the public records should be removed
thereto ;
I. Be it thercfiirc cnarltil by the lionorable the Senate and House of Rep-
Public records reseiitatives, now met and sitting in Cieneral .\ssembly, and by the au-
to be rcmoyed tliority of the same. That on the first day of December, one thousand
to Co uinbitt. j5,.y,,^ hundred and eiuflity-nme, all the public records, except such as re-
late to the property within llie districts of Charleslon, Georgetown, and
Beaufort, shall be lemoved to Columbia. Provided, tlio commissioners
shall certify lo the Govi-rnor or Commaiider-in-t:hii>l for the time being.
Proviso. that the pul)lic buildings mentioned in the said Act are erected as therein
directed. And his Excellency the Guvcrnor is hereby authori/.ed and em-
powered to nominate and appoint three commissioners to separate and set
apart the records hereby rei|Mired ti> be retained.
II. And he it further iiiiuted by the authority aforesaid. That all such
Recordii to ho State papers, necessary at the meeting of the Legislature, as shall be di-
rcinovi-.l n.i in ,ected bv the Governor and Council to be removed, and such records as
directed in the , ,, , "^ i ■ , , ■ ^ i i ,• i <•
first clauM. shall be separated or cop;e<l at the time ol llie removal ol the seat ol
Gavernmeiit to Columbia, shall be removed th'^reto as is ilirerted in the
first clause of thin Art ; and liiat nothing I'onlained in this .Act shall be con-
strued to extend to remove any of the old records from Charleston, which
relate to the districts of Charleston, (icnri;etowii, and IJeaufort.
in. And he it further evoctrd by the aulhority aforesaid, That his Excel-
lency the Tiovernor or the Crimmnndcr-in-chief for the time being, bo
OF SOUTH CAROLINA.
authorized and empowered to di'aw on the Treasury for paying the ex- A. U. I"
penses to be incurred in consequence of the removal of the said records, "■-^'"v-'
In the Senate House, the seventh cl.iy of March, in the ^-earofour Lord one thousand
seven hundred and eighty-nine, and in the thirteenth year of the Independence of
the United States of America.
D. DESAUSSURE, President of the Senate.
JACOB READ, Spea];er of the House of Representatives.
AN ORDINANCE to remove the Obstructions to the passage op No. 1449,
Fish up Little River and Long Cane Cbeek, in Ninetv-Six dis-
trict.
I. Be it ordained, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the autho- Commissioners
rity of the same, That Patnck'Calhoun, John Delahowe, and Peter Gib- "P'"""''"''-
ert. Esquires, be, and they are hereby, authorized and empowered as
commissioners to carry this Ordinance into effect.
II. And be it farther ordained by the authority aforesaid, That the
said Patrick Calhoun, John Delahowe, and Peter Gibert, Esquires, or any Commissioners
two of them, shall immediately repair to and view all the miil-uams and '".J^"^™'""
fish-dams which have been or may hereafter be erected across Little river, fisii-dams.
from its entrance into Savannah river, up to John Stedman's mill, and
across Long Cane Creek, from its confluence with Little river up to An-
drew Ross's mill; and to require the proprietors of each and every fish-dam
to open a passage eight feet wide, sufficient to let the fish pass up through
the said fish-dams, within three days after such notification.
III. And he it further ordained by the authority aforesaid, Tliat if any
person or persons, having erected any mill-dam or mill-dams, fish-dam or Penalty on per-
fish-daras, across Little river, below John Stedman's mill, or across Long ^'"'^''^'"^'"S
Cane Creek, below Andrew Ross's mill, on their being notified thereof as ^^"p^^^^^^^'
aforesaid, and shall refuse or neglect to open a passage, or provide a slope, dams.
sufficient for the passage of fish as above directed, or any person or per-
sons who shall hereafter erect any mill-dam or fish-dam across the said
river or creek, below Stedman's or Ross's mills as aforesaid, without pro-
viding and keeping open a sufficient slope or passage for fish, shall forfeit
and pay to any person who shall inform and sue for the same, the full sum
of twenty shillings for every day such obstructions shall continue after the
days above mentioned for opening those respectively which have been
heretofore erected, as well as those that may hereafter be erected, one
moiety to the informer, and the other to the use of the county. Provided
nevertheless, that the power of the aforesaid commissioners shall not be
construed to extend to require a slope or passage to any miU-dams which
do not entirely cross Little river or Long Cane Creek.
In the Senate House, the seventh day of March, in the year of our Lord one thousand
seven Irundred and eighty-nine, and in the thirteenlli year of the Independence of the
L'nited States of America.
D. DESAUSSURE, President of the Senate.
JACOB READ, Speaker of the House of Representativet.
STATUTES AT LARGE
No. 1450. AX ACT for incorporating the Presbyterian Congregation in the town of
Purysburgh, in St. Peter's parish, in the State of South Carolina.
(Passed March 7, 1789. Sec last volume.)
No. 1451. AN ACT to pr' vknt Suits for recovery of Real Estatks beinu
liAKIlKI) BY THF. AcT OF LIMITATIONS, U.NTII. MaRCU 26, 1790.
WHEREAS, all persons (except infants, femes covert, and persons im-
prii>one<l or out of the limits of this State,) who on the twenty-sixth day of
March, in the year of our Lord one thousand seven hundred and eighty-
four, had any rigiit or title to lands or real estate, and have nut since that
time made claim, or on or before the twenty-sixth day of March next
Preamble, shall not make claim, to the said lands or real estate, by action at law, agree-
able to the directions of an Act commonly called the Limitation Act,
passt-d the twotftli day of December, in the year of our Lord one thousand
seven hundred and twelve, will, by virtue of that Act, and of an (.)rdinance
entitled " An Ordinance to fix a period for the commeuremcnt of the ope-
ration of the Act of Limitations," pa.ssed the twenty-sixth day of March, in
the year of our Lord one thousand seven hundred and eighty-four, be
barred to recover the .said lands and real estate against any person who, on
the said twenty-sixth d;iy of March next, shall have been quietly possessed
of an 1 without lawful interruption enjoyed the said lands or real estate
for five years ne.xt before that time ; and whereas, by reason that the pe-
riod when suits for recovery of land will be barred as aforesaid, is so near,
many ejectments have been lately brought, and it is probable that many
more will be immediately brought, by persons claiming title to lands or
real estate, against those who have settled on, or possess the same, whereby
considerable expense and distress will be occasioned to divers of the poorer
citizens, who, if the period at which claimants will be barred by or for
want of pro.secution were extended for a short time, might avoid such
expense and distress by reasonable and amicable accommodation and set-
tlement ;
1. Be it enacted, by the lionorable the Senate and House of Heprc-
Timc persona scntatives, now met and sitting in General A.ssembly, and by the autho-
will be barred j.jjy ^p [],g sj,mc. That no person who, on the twenly-sixth day of .March
jog caiaiea. next, would be barred by or Ibi want of prosec iitinn, fidin ri-covery of any
lands or real estates, shall be barred on tlial day; but ihal every such ])er-
son shall be barred on the twenty-sixth day of March, in the year of our
Lord one thousand seven hundred and ninety.
In llic Scimlc IIdmkc, ilip ^cvriitb liiiy of .Morcb, in ibc year of our Lord one iboiiAnnd
Hcven linndred nnd eicbly-nine, and in the lliirlrrnth year of the Independence of
Ihe I'nilcd .Sinie» of America.
D. DES.ATTSSITRE, Prcsidrnt of the Snwir.
.TACOn READ, Spmkrr of tJir Iloi/.te of Rrprr.trntnlivf.i.
OF SOUTH CAROLINA.
AN ACT TO ENTrTI.E THE COUNTIES OP GrREENVILLE AND PeNDLETON No. 1452.
TO A RKPRESENTATION IN THE GENERAL ASSEMBLY OF THIS StATE.
AVHEREAS, since the establiiliment of Independence and the Con-
stitution of this State, a large tract of country formerly in possession of
the Cherokee nation of Indians, has been ceded to this State, and settled Preamble.
by a number of citizens who are not by said Constitution included in any
of the election districts, and have no representatives in the Legislature; for
remedy whereof,
I. Be it enacted by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority '^.''r,''^"'"'.^""'"
of the same. That until altered by law, or by any constitution to be here- a,,,] Pemilcion.
after agreed .to by a conventinn of the people of this State, elected and
chosen for the purpose of amending or altering the constitution, all that
tract of country known by the name of the county of Greenville shall be
entitled to a representation of one member in the Senate and three mem-
bers in the House of Representatives; and that tract of country known by
the name of Pendleton county, above the old Indian boundary, lying be-
tween Savannah and Saludy rivers, including the forks of Toogaloo and
Keowee rivers, shall be entitle*! in like manner to a representation of one
member in the Senate, and three members in the House of Representa-
tives.
II. And be it further enacted by the authority aforesaid, That the elec-
tions for the said counties of Gieenville and Pendleton, shall be held on the Time of hold-
first Monday and Tuesday in May next, at the respective court-houses in the '"S election,
said counties of Greenville and Pendleton, and at all times thereafter at the
general election, and the said elections shall be conducted according to the
rules prescribed by the constitution and laws of this State. And that Robert
Maxwell and James Harrison shall be commissioners to manage the elec-
tion in Greenville county, and John Miller and William Steele shall be
commissioners to manage the election for Pendleton county.
In the Senate House, the seventh day of March, in the year of our Lord one thousand
seven hundred and eighty-nine, and in the thirteenth year of the Independence of
the United States of America.
D. DESAUSSURE, President of the Senate.
JACOB READ, Speaker of the House of B.epresentativcs.
AN ACT TO AUTHORIZE THE AuDITOR GENERAL TO RECEIVE AND AUDIT No. 14.53.
THE Claims and Demands of such peksons as have delivered in
THEIR accounts AGAINST THE StATE, AND WHICH HAVE BEEN LOST OR
MISLAID.
WHEREAS, many persons have brought in accounts against the State
which have been lost or mislaid ;
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
VOL. v.— 14. ^ ■'
Preamble.
106 .STATUTES AT LAUGE
A.l). I7:i9. aulhoiity of the same, That it shall and may be lawful for all and every
^-^'~^^~^^ person or jioisoiis having demands against this Slate, who shall make oath
Persons having or give such ])roofs as shall be satisfactory to the auditor, that their accounts,
lost accounts claims, or demands, were returned to the auditor eeneral, or to the com-
to re-r.'inl.'r . . . , . , • ? i„. i- •
them, on oatli. missioners aj)])omteil to receive the accounts in the dinerent districts, on
or before the eleventh day of March, in the year of our Lord one thou-
sand seven hundred and ei'jhty-six, and cannot be found, to deliver the
same to the auditor at any time within twelve months from and after the
passing of this Act. And the said auditor is hereby ordered to receive
and audit the same, and to lay such accounts before the Legislature at
their next meeting, after such accounts have been audited; any law or
usage to the contrary notwithstanding.
In the Scnittc House, the seventh day of March, in tJie year of oiir Lord one thousand
seven hundred nnil eighty-nine, and in t)ie tliirteenth year of the Independence ot'
the United Stiite? of America.
D. DESAUSSURE, President of the Senate.
JACOB READ, Speaker of the House of Representatieea.
No. 1454. AN ACT to establish a County and County Courts between Savannah
and Saludy rivers, above the old Indian boundary.
(Passed Marcli 7, 1789. See lust volume.)
No. 1455. AN ACT dirkctino thk. mannkk oi-- giumim; I'luniA-rKs of Wills
AND LeTTEKS of ADMINISTli.\TION; ,\M> KuK orill:K I'l RI'OoES THKREIN
MENTIONED.
L lie it enacted by the honorable the Senate and House of Represen-
Jusiiccs of talives, now met and sitting in (ieneral Asseinbly, and liy the aiilliority of
county courts t),,. same, Tliat in the several counties throughout tliis .State, where county
"'rsor'a/l'miMi's- <-'""'"''* !"'<' established, the justices thereof shall have and exercise the .-lamo
I ration, *ic. power aiiil authorities ill taking the probate of wills an<l granting letters
of admitiistiiitioii, wliicli have ben heretofore used and exercised by the
judges of the courts of ordinary of this Slate ; and also such further
powers and authorities as are hereinafter parliculuily mentioned ; and in
thise counties wlieii; there are iu> county courts established, the judges of
the courts of ordinary in the several districts of this .State shall Lave and
exercise their usual powers am) aulhorities, and also such as are herein
given to the justices of the counly courts.
IL And he it further rnarleil by the authority aforesaid, That any
Persons dis- person having right or title to any lands, tenements, or hercdilatnents
posmi "I pro- whatsoever, (feme coverts, persons of unsound mind, and infanis, excepted,)
to hiv/tiiroo' may dispose thereof by will in writing, to be signed by the person devis-
witncuei. !„(, ||,(. same, or some other |)ersoii in iiis presence and by his express
direction, and attested ami subscribed by three credible witoe-sses, in the
presence uf the said devisor.
OF SOUTH CAROLINA. ]07
III. And be it further enacted by the authority aforesaid, That node- AD. 1789.
vise in writing of any lands, tenements, or hereditaments, or any clause ^-^"^^"^'-^
thereof, shall be revocable but by soine other will or codicil in writino, or Devises lo be
other writing declaring the same, atte.sted and subscribed by three wit- '■''™!""' '"
nesses as aforesaid, or by destroying or obliterating the same by the tes- °'
tator himself, or some other person in his presence and by his directions
and consent.
IV. Atid he it further enacted by the authority aforesaid. That no nun-
cupative will shall be good where the estate thereby bequeathed shall ex.- Nuncupiitive
ceed the value of ten pounds sterling, that is not proved by the oaths of "^'^ xTn'^to he
three witnesses at the least, who were present at the making thereof, and provedliy three
bid by the testator to bear witness that such was his will, or words to that ^^'tnesses.
effect ; nor unless such will was made in the last sickness of the deceased,
in the house or place where he or she shall die.
V. And he it further enacted by the authority aforesaid, That no testi-
mony shall be admitted to prove any nuncupative will if six months shall "'^P™^'
have elapsed after speaking the pretended testamentary words, except
such testimony or the substance thereof were committed to writing within
six days after the making of the said will, and then twelve months shall
be allowed, and no more, for the probate of such will ; but the same shall
not at any time be received to be proved, unless process shall have first
issued to call in the widow or next of kindred to the deceased, to the end
they may contest the same, if they please.
Vt. And he it further enacted by the authority aforesaid. That no will
in writing concerning any goods or chattels, shall be repealed, nor any ^^ ,o h'e re- '
clause, devise, or bequest therein, be altered or changed, by any words or pealed in writ-
will by word of mouth only, except the same be in the life of the testator "'S'
committed to writing, and afterwards read to and allowed by him, and
proved to be so done by three witnesses at the least. Provided that any Proviso,
soldier in actual military service, or any mariner or seaman being at sea,
may dispose of his personal estate in like manner as before the making of
this Act.
VII. And be it further enacted by the authority aforesaid. That if any
will in writing shall contain devises of real estate, and also legacies ofp(,,'.gJj,™ J,g.'"^
goods and chattels, and such will cannot be proved so as to pass the leal quests, the
estate, the same sh; "
goods and chattels.
VIII. And' he it further enacted, by the authority aforesaid. That if no
provision shall be made by the will of the testator for any child or children Children born
that may be born after his death, such child or children shall be entitled to „( ti,p testator
an equal share of all real and personal estates given to the other child or to receive un
children, who shall contribute to make up such share or shares according ^'1"" share.
to their respective interests or portions deriving to them under such will.
IX. And he it further enacted by the authority aforesaid. That if any
child should die in the lifetime of the father or mother, leaving issue, any •^li'lif/lyiii!; in
legacy given in the last will of such father or mother shall go to such issue, itJ'fii'thi'r'i'nd
unless such deceased child was equally portioned with the other chidren, mother,
by the father or mother, when living.
X. And he it further enacted by the authority aforesaid. That if any Marrying and
person making a will, shall afterwards marry and die, leaving issue, it shall h'avirig issue
be deemed and taken to be a revocation of such will, to all intents and j^.'li"^'"" "'° *
purposes whatsoever.
XI. And be it further enacted hy l\\e n\\t\ioY\ly Bi'ioYe9u\A, That when any
person shall make a will in writing without aiipointins; anv executor or ?''?'^'".°''' '''■;
'■ , • , ^ '',,?,.•' ,.^ fusing to qual-
executors therein, or such executor or executors shall refuse to quality, \!y.
lOS STATFTES AT LAKCJE
A.U. I(fi9. j|,(, court wlierc sucli will slinll lie proved slinll grant letters of admiiiistra-
^■"'''^^'^*^ tioii with the will annexcil, to sucli ])ersoii or j)erson.s as would have been
entitled thereto if the deceased had died intestate; and if any person
shall die intestate, the court of the county, or the ordinary <if the district
where there are no county courts, where the will of such person, had ho
or she left one, would have been proved, shall grant letters of administra-
tion to thciji who shall be entitled thereto.
XII. And III- ii further eniirteil by the authority aforesaid, That if the
Wills to be testator shall have a mansion house, or known place of residence, his or
courror'thV ''°'" ^^'" shall be proved in the court of the county, or before the ordinary
counu where of the district, in case tlierc are no county courts, where such house is or
testator resides pigpg yf residence was; hul if the testator had no such place of residence,
and lands are devised in the will, it shall be proved in the court of the
county, or before the or.linary, as the case may be, where the lands lie, or
iu one of tliein, where there are lands in several counties ; and if the tes-
tator had no such place of residence, and there are no lands devised, then
the will shall be proved either in the county where such testator died, or
where the whole or tfreatest part of his or her estate shall be.
XIII. And lie //////-///('/■ ('«rtW(Y/ by the authority aforesaid. That when
Manner of pro- <i"y ^^'" shall be proved, or application is made for administration of the
ccedinK on np- estate, of any person dying intestate, the court shall direct executors or
udmiui^triition administrators to make out an exact inventory of the pergonal estate of
the deceasei), and shall appoint three or mote reputable freeholders, who
shall appraise the same on oath, which inventory and appraisement shall
be returned to the next court to be held in the county, or to the ordinary
of the district in cases where there are no county courts, within such time
as the ordinary .shall limit ; and if the goods lie in several counties, the
court having jurisdiction shall order appraisement and a|)point apjiraisers
in each, which, when made, shall be transmitted by the appraisers to the
court where the will was recorded or administration granted; and every
appraisement made as aforesaid may be given in eviilence in any action
against such executors or administrators, to prove the value of the estate,
but shall not be conclusive if it siiall appear on a trial of the cause that the
estate was really worth, or bona fide sold for, more or less than such ap-
praisement.
XIV. Antl he it further enacted by the authority aforesaid. That the n[i-
Fcc of opprnis- praisers shall be allowed four shillings and eight ])ence each by the day,
""• w-hilst employed in appraising any estate, to be paid by I he executors or
administrators, which expense shall be allowed them in the settlement of
their account.s.
XV. And he it further enacted hy the authority aforesaid. That when
Executordy- any executor or administrator shall die intestate, not having fully adminisi-
ing intestate, tered, the same court by whom the former probate or administralion was
obtained, .shall determine the right and grant letters of administration of
the estate so unadministered.
XVI. /l«r/ he it further enacted by the authority aforesaid. That in case
PiTsoncdvinir ""y P'-"'''"'" '''•-■ intestate, or the executors named in any will refuse to
intcsini.', and (pialify, then the justices of tho county court or (udinary of the dislrict, as
exeeutors re [|,,, c^x^o mav be, haviiic tlI^ ri<;lil, shall crant administration of the eood.s
rn«in[j to qiial- «, - ,, ,; , ,. -ii
ifv who Bliall "' the testator or jierson dereased, to liis or her illations, in the order
ihenlin rntitlcd fiillowing, ill exclusion of all other persons, to wil : first, to the husband
to administer. ,,^ ^^jp^. ^^ ^i^^. deceased, and if th.'re are none such, or they d.. not apply.
then to the child or children, or iheir le^al lepresentatives ; if noni- such
apply, then to ihe father or mhther ; in <lefault of them, to the brothers lU"
sisters; in default of them, lo such of tin- next of kindred of llie ilecoa.so<l.
OF SOUTH CAROLINA. 109
at tlie discrerion of the justices of tlie county court or ordinary, as the case * D. 1789.
may he, as sliall be entitled to a distributive share of tlie intestate's estate; ^-^'^^'"^^^
and in default of such, to the greatest creditor or creditors, or such other
person as the court shall appoint. Provided always, that if any widow,
after having obtained letters of administration as aforesaid, shall marry
again, it shall be at the election of the justices of the county court or ordi-
nary, as the case may be, to revoke the administration before granted, or
join one or more of the next of kin in the administration with her.
XVII. And be it further enacted by the authority aforesaid. That if any
person having in possession the will of a deceased person, shall neglect to Ppnalty on
produce the same to be proved, process as for a contempt shall issue fr'im j|^'''j°'p^'^j"j^'g
the court where such will ought to be proved, and the person shall be fined tlie will,
and imprisoned until the will shall be delivered up.
XVIII. And be it further enacted hy the authority aforesaid, That the
clerk of the court before whom the will shall be proved, or administtation *"'''.'''* '" '^"'''
granted, on the application of the executors or administrators shall give eopy of the
to them a true copy of the order of such court respecting such probate or order of court,
administration, certified under his hand, which shall be sufficient to entitle
them to maintain actions for the recovery of possession of the estate therein
mentioned.
XIX. And be it enacted by the authority aforesaid. That when it shall
be renuisite to make sale of any part of the personal estate of testator or „
., ~ 2- • • ^ c -i I,. 1 ^ »i 1 pCourt to order
intestate, either tor a division, payment ot debts, or to prevent the loss oit|,egaie of
perishable articles, application shall be made to the court of the cpunty or property,
ordinary, as the case may be, where the will was recorded or administra-
tion granted, whereupon such court may refuse or grant such order for
sale, regulating the time, place, and credit, to be given in such manner as
to do im|>artial justice to all persons interested therein ; and- if any execu-
tor, or administrator with the will annexed, having power under the will to
dispose of the estate or any part thereof, shall take such security as shall
be clearly proved to be insufficient at the time, such executors or admin-
istrators, and their securities, shall be liable to make good any loss or dam-
ages that the legatees or creditors may sustain, to be recovered by action
on the case against such executors, or by action of debt on the bond of
such administrators and their security, wherein such damages shall be
assessed by the verdict of a jury.
XX. And be it enacted, by the authority aforesaid. That every executor,
or administrator with the will annexed, at the time of proving the will or Oath of execu-
the granting of administration, shall take the following oath: " I do so- ["('j.^j" ,._ ""
lemnly swear that this writing contains the true last will of the within
named A B, deceased, so far as I know or believe, and that I will well and
truly execute the same, by paying first the debts and then the legacies con-
tained in the said will, as far as his goods and chattels will thereunto ex-
tend, and the law charge me, and that I will make a true and perfect
inventory of all such goods and chattels. So help me God." And the
administrator with the will annexed shall enter into bond with good and
sufficient security, to be approved by the court, in a sum equal to the value
of the estate at least, the condition of which bond shall be in the form fol-
lowing, to wit : "The condition of this obligation is such, that if the above Form of the
bound C D, administrator (with the will annexed) of the goods, chattels, '^'""''
and credits of E F, deceased, do make or cause to be made, a true and
perfect inventory of all and singular tlie goods, chattels, and credits of the
said deceased, which have or shall come to the hands or possession or
knowledge of the said C I), or into the hands or possession of any other
persons for him, and the same so made do exhibit into the said court of
110 STAUTES AT LARGE
■ • ' ■'• , at such time as he shall be thereunto required by the said court, and
the same goods, chattels, and credits, do well and tridy administer accord-
ing to law, and make a just and true account of his actings and doings
therein, when lawfully ri'quired : and further, do well and truly pay and
deliver all the legacies contained and specified in the said wdl, as far aa
the said goods, chattels, and credits will extend, and the law require — then
this obligation to be void, or else to remain in full force " Which bond
shall be made payable to the justices of the county court and their succes-
sors, and recorded in the clerk's office, or to the ordinary of the district,
as the case may be, and may he sued from time to time, by any pei-soii
injured by the breach thereof, until the whole penalty be recovered, and
the damages sustained being assessed on such suit by the verdict of a jury,
may be levied by execution, and paid to the parly for whom they were
assessed.
XXL And he it further enactid by the authority uforesaid. That every
OnthofnJmin- administrator shall, in open court, when letters of administration are
takcnTn'open granted him, take the following oath or afhnnalion, as the case may be, to
court. wit: " I do solemnly swear or affirm, that A J5, deceased, died witliout
any will, as far as 1 know or believe, and that I will well and truly admin-
ister all and singular the goods and chattels, rights and credits, of the said
deceased, and pay all his just debts, as far as the same will extend, and the
law require me, and thai I will make a true and perfect inventory of all
the said goods and chattels, rights and credits, and return a just account
thereof when thereunto recjuircd. So help me (iod." And such admin-
istrator shall also enter into bond with good security, to be approved by
the court, in a sum equal to the full value of the estate, with the condition
Korin of the following : " The condition of the above obligation is such, that if the
''°"''" above bound A B, administrator of the goods, chattels and credits of C 1),
deceased, do make a true and perfect inventory of all and singular the
goods, chattels, and credits of the said deceased, which have or shall come
to the hands, possession or knowledge of the said A B, or into the hands
or possession of any other person or persons for him, and the same .so made
do exhibit into the said court of , when he shall be thereto required,
and such goods, chattels, and credits do well and truly administer acconliiig
to law, and do make a just and true account of his actings and doings therein
when required by the said court, and all the rest of the said goods, chattels,
and credits which shall be found remaining u|ion the account of the said
administration, the same being first aliowi'd by the said court, shall deliver
and pay unto such ])erson?< respectively as are entitled to the same bylaw;
and if it shall hereafter appear that any last will and testameiil was made
by the said decea.sed, and the same be proved in court, and the execu-
tors obtain a certificate of the probate thereof, and the said A B tlo, in
such rase, if required, render and deliver uj) the said letters of adminis-
tration— then this (iblii;aliiin to he void, or else to remain in full firci?."
Which bond .shall be made payable to the jcKstices of the county court,
and their successors, and recorded in the clerk's office, or to the ordinary
of the district, a.s the case may be, and may be sued in like manner as is
prescribed in the pieoedinvr clause of this .Act in the case of bonds cfiven
by administrators with the will annexed; aiul if tin- justices of the ciuinty
court wlio wei'e ])re>ciit at the lime of grunting letti-rs of administration,
or the ordinary of the di-itricl, as the ca.se may be, shall fail to lake bond
and security as afoi'esaid, such jirstices or ordinary, as the case may be,
shall be lial)le to be sued for all damages arising from such neglecl, by
any |)erson or persons interested in the estate.
XXII. And he it fiirthet rniirleil by the Ruthoritv afi>re«nid. That the
OF SOUTH CAROLINA. Ill
clerk of every county couit, or ordinary of the several districts, as the A.D.](89.
case may be, shall, once in every year, in the months of January or Feb- ^-"^""""^'^^
i-uary, return into the secretary's office of the State a list of all probates Clerk to raake
and administrations granted in their respective courts within the P'^ceding jjjj'jj'"j™2jji|'^
year, which shall express the date of the certificate of probate or letter of granted,
administration, name of the testator or intestate, names of the executors
or administrators, and their securities, and penalty of their bond ; which
ILsts shall be carefully filed, those of each county and district separate
from the rest, in the said secretary's office.
XXIII. And be it further enacted by the authoiity aforesaid. That if
any person shall die after the first day of March, in any year, the slaves of Slaves and
which he or she was possessed, whether held for life or absolutely, and '^''"P*-
who were employed in making a crop, shall be continued on the lands
which were in the occupation of the deceased, until the crop is finished,
and then be delivered to those who have the right to them ; and such crop
shall be assets in the executors or administrators hands, subject to debts,
legacies, and distribution, the taxes, overseer's wages, expenses of physic,
food and clothing, being first paid: and the emblements of the lands, which
shall be severed befoie the last day of December following, shall in like
manner be assets in the hands of the executors or administrators, but all
such emblements growing on the lands on that day, or at the time of the
testator or intestate's death, if that happens after the said last day of De-
cember and before the first day of March, shall pass with the lands. And
if any person shall rent or hire lands or slaves of a tenant for life, and
such tenant for life dies, the person hiring such land or slaves shall not be
dispossessed until the crop of that year is finished, he or she securing the
payment of the rent or hire when due.
XXIV. And be it further enacted, by the authority aforesaid, That if the
securities for administrators conceive themselves in danger of being injured Securliics may
by such suretyship, they may petition the court to whom they stand bound, pfVo" forre-
for relief, which court shall summon the administrator to appear, and
thereupon make such order or decree as shall be sufficient to give relief to
the petitioner.
XXV. And he it further enacted, by the authority aforesaid. That if
any person shall, by will, appoint his debtor to be his executor, such ap- Debtor may be
pointment shall not, in law or equity, be construed to be a release or extin-®^^*^"'"''
guishment of the debt, unless the testator shall in his will expressly declare
his intention to release the same.
XXVI. And he it further enacted by the authority aforesaid. That the
debts due by any testator or intestate, shall be paid by executors or admin- Order in which
istrators in the order following, viz. funeral and other expenses of the last debts are to be
sickness, charges of probate of will or of the letters of administration ; '""
next, debts due to the public ; next, judgments, mortgages, and executions,
the oldest first ; next, rent ; then bonds or other obligations ; and lastly,
debts due on open accounts ; but no preference whatever shall be given
to creditors in equal desjiee, where there is a deficiency of assets, except
in the cases of judgments, mortgages that shall be recorded from the time
of recording, and executions lodged in the sheriff's office, the oldest of
which shall be first paid, or in those cases where a creditor may have a
lien on any particular part of the estate.
XXVII. And he it further enacted by the authority aforesaid, That every
executor or administrator shall give three weeks notice by advertisement Executors to
in the State Gazette, or at three different places of the most public resort fice^to^reditjrs
in the parish or county, for creditors to render an account of their demands,
and they shall be allowed twelve months to ascertain the debts due to and
112
STATUTES AT LARGE
Commissions
to be retained
by the execu-
A.I).I7R9. from the deceased, to be computed fi-om the probate of the will or grant-
^■^'"^'"'^^ iiig letters of administration ; and creditors neglecting to give in a state of
their debts within the time aforesaid, the executors or administrators shall
not be liable to make fjood the same; nor shall any action be commenced
against any executor or administrator for the recovery of the debts due
by the testator or intestate, until nine months after such testator or intes-
tate's death.
XXVIII. Avd he it further enacted by the authority afojesaid, That ex-
Exccutota to ecutors or adtninistrators shall annually, whilst the estate shall remain in
renJor in iheir ([jgip care or custody, at the first court to be held after the first day of
oath. January, rendei to the court oi the county or the oraniary of the district,
as the case may be, from wliom they obtained probate of will or letters of
administration, a just and tiue account upon oath, of the receipts and ex-
penditures of such estate the precedins; year, which, when examined and
approved, shall be <leposited with the inventory and appraisement, or other
papere belonging to such estate, in the clerk or ordinary's office, as the
case may be, there to be kept for the inspection of such persons as may
be interested in the said estate ; and if any executor or administrator shall
neglect to render sucli annual accounts, he shall not be entitled to any
commissions for his trouble in the management of the said estate, and
shall moreover be liable to be sued for damages by any person or persons
interested in such estate.
XXIX. And be it further enacted by the authority aforesaid. That all
and every executor or administrator shall, for his, her, or their care, trouble,
and attendance in the execution of their several duties, take, receive, or re-
tain in his, her, or their hands, a sum not exceeding the sum of fifty shillings
for every hundred pounds which he, she, or they shall receive, and the sum
of fifty shillings for every hundred pounds which he, she, or they shall pay
away, in credits, debts, legacies, or otherwise, during the course and contin-
uance of their or either of their managements or administrations, and so in
proportion foranysum or sums lessthanone hundred pounds. Provided, that
no executor or administrator shall, for his, her or their trouble in letting out
any moneys upon interest, and again receiving the same, be entitled to
take or retain any sum exceeding twenty shillings for every ten ])ound3
for all sums arising by moneys let out to interest, and in like pro])Ortion
for a larger or lesser sum ; nor shall any executors or administrators who
may be creditors of any testator or intestate, or to whom any sum of
money or other estate may be beciiieathed, be entitled to any commissions
for paying or retaining to themselves any such debts or legacies.
XXX. And he it further enacted by the authority aforesaid, That the
Commisaions commissions given by thi.s Act shall be divided amongst executors ami
n?(-ori'lin ■' to administrators in ]m)poition to the services by them respectively per-
servicc. formed, to be rated and settled by the justices of the county court who
granted probate of the will or letters of administration, or the ordinary of
the district, as /he case may be, if the executors or administrators cannot
agree amongst themselves concerning the same.
XXXI. And he it further enacted by the authority aforesaid, That all
and every person who, not being a]ipointed executor or executors of the
last will and testament of any pei-son or ]iersons deceased, or not having
administration of the goods and challels, rights and credits, of any ])erson
or persons de<'i'ased, and who shall, iieverlhi:less, possess him or themselves
of the goods and chattels, riijhts and credits, of any person deceased, and
become executors of their own wrong, shall and they are hereby made
liable as trespa-ssers, an<l .shall be liable to be cited by any person or per-
sons having right or claim to the properly of the deceased, or creditors,
by process from the county courts, where there aie county courts cstab-
PerflonB be-
OF SOUTH CAROLINA. 113
lished, or orJiiiaiy of the districts where there are no county courts or A.n. I7wi.
court ot" chancery, to make discovery and give account of all and singular '-'''^^"^'
the goods and chattels, rights and credits, of the deceased, and shall he
liable to make compensation and reparation for all the goods, chattels,
estate or assets they may have wasted, or may have been lost by their ille-
gal interference, or becoming executors of their own wrong as aforesaid,
and shall be chargeable as far as assets have come into their hands, and be
in every other respect liable and chargeable as executors of their own
wrong at common law.
XXXII. And whereas, the executors and administrators of such jxt-
sons who have jiossessed themselves of considerable personal estates of Liability of
other deceased persons, and converted the same to their own use, have no <""'';"""■'* '^°""
,,,',,. , . , ,11 -veitinK proper-
remedy by the rules or common law, as it now stands, to pay the debts or ty to their own
those persons whose estate hath been so converted by their testator or in- ""'•
testate, which hath been found very mischievous, and many creditors
defeated of their just debts, although their debtors left behmd them suffi-
cient to satisfy the same with great overjilus ; for remedy whereof, Be it
enacted by the authority aforesaid, That fiom and immediately after the
passing of this Act, all and every the executors and administrators of anv
person or persons who, as executor or executors in his or their own wrong,
or administrators, shall waste or convert any goods, chattels, estate, or
assets of any person deceased, to their own use, shall be liable and charge-
able in the same manner as their testator or intestate would have been if
they had been living.
In the Senate House, this thirteenth day of March, in the year of our Lord one tliou-
sand seven hundred and eighty-niiie, and in the thirteenth year of the Independence
pf the United States of America,
D. DESAUSSURE, President of the Senate.
JACOB READ, Speaker of the House of Represcntat'ives,
AN ACT FOR RKGULATING THU InSPDCTION AND ExPORTAI TON OF No. 1456.
Tobacco; and for other pi'iiposrs iierriiv mentioned.
WHEREAS, it is necessary tobacco should be inspected before the
same is sent to foreign markets, as well to prevent fraud between the buyer Pmamlile.
and seller, as to prevent that article (the growth of this State) from being
brought into disrepute abroad ;
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in Geneial Assembly, and by the I'l'^icco ware-
authority of the same. That proper warehouses shall be erected i:i the erected."
country by the commissioners heremafter to be appointed, where all to-
bacco, previous to its being exported or exposed to sale, shall be brought
for inspection, and after passed, be deposited till called for, for exporta-
tion ; which warehouses shall be established at the following places, that
is to say : one or more warehouses, (not exceeding two, at the discretion
of the commissioners,) in ornear Charleston, in such place as they shall
appoint ; one warehouse or warehouses at Georgetown ; one warehouse
or warehouses at Cheraw Hill ; and another warehouse or warehouses on
the northeast side of Pedee river, at the landing place on the plantation of
, VOL. v.— 1.5.
114
STATUTES AT LARGE
Where owners
nl' land do not
build, commit-
siuners shall.
Inspection in
Charleston.
A close house
to be [iruvidcd
for packing
tobnct'o.
('oinniissionerH
nnilpickrrnl'or
Clicirli-alou.
Morgan Brown, Esq. being the place already agreed on by the commis-
sionere ; one warehouse or warehouses at or near Fiiday'b Feiry, on each
side the Congarce river ; one warehouse or warehouses at Falmouth, on
the land of Colonel Hammond ; one or more warehouse or warehouses at
Adams's Ferry, opposite Augusta, on the lands ol" General I'ickciis; one
warehouse or warehouses at Spring Hill, on Savuniuili river, at the jilanta-
tion of M'Cartaii Campbell; and one or more warehouse or waiehouses
at or near the Era iron works, on the Catawba river. And where the
proprietors of the lands at the above places shall refuse or neglect to erect
such necessary buildings as the commissioners hereinafter respectively
appointed, or a mitjority of them, shall think necessary, they, the said com-
missioners, are hereby directed and required to cause the said warehouse
or warehouses to be built, of such size and dimensions as they may judge
necessary; and to defray the expense, they are hereby empowered to take
and receive from the inspector or inspectors all such storeage of tobacco as
may hereinafter be imposed thereon ; and the said ins])cct(>r or inspectors
are hereby directed to pay into the hands of such commissioners all such
monies as shall arise from the storeage of tobacco, where the said commis-
sioners shall have built warehouses, quarterly, that is to say, on the first
day of April, July, (October and .Fanuary, which shall be paid, upon oath,
until the expense of the said Imildincs is fully paid. .\nd from thence-
forward the proprieter shall be entitled to the said storeage, he keeping the
said warehouse or warehouses in proper repair, and keeping a tmmber of
good and sufficient prizes for heading up the tobacco after it has been strip-
ped for examination. 15ut where any pro))netor shall neglect or refu.<e to
keep in repairprizesorproperscrewsforthe above purpose, it shall and may
be lawful for the inspector or insj)ectors to have a sufficient number of jirizes
erected, two at least of v/hich at each warehouse shall be for the particular
use of such planters as choose to cooper their own hogsheads ; to defray
the expense of which it shall and may be lawful for the inspectors so pro-
viding to stop the first storeage money that may come to hand, for that
purpose.
II. And be it further enacted by the authority aforesaid. That when any
hogshead of tobacco or parcel shall be brought to the warehouse or ware-
houses in Charleston, as aforesaid, for the inspection, the inspectors to be
appoirile<l by the commissioners hereinafter menlidiicd, shall cause the
hogshead to be stripped ofl', and the tobacco shall be carefully examined in
as many places as the inspectprs shall think necessary, not exceeding three
])laces ; and if found sound, clean and merchantable, lie or they shall cause
the hogshead to be put on and coopered up, in a .secure and incrcbanfnble
manner, weighed and marked, and securely stored in the saiti warehouse
or warehouses, there to remain until demanded for exportation.
Hi. And lie it further entirled by the authority aforesaid. That the
commissioners hereinafter mentioned shall provide a ijood and secure dose
house or houses, for packing away all loose or small parcels of tobacco that
may be bron<;lit for inspcclion, ami for picking toliacct> therein : and the
inspectors are hereby directed anrl requited to receive all such jiaicels of
tobactMi that may be brouglil to iheni, anil if found good and merchantable
they shall wei-^li and tare the same packed up in the afoiesaiil house or
houses, for whiith they shall give to the owner a note, in the sanic manner
as is directed by this Act for the inspections in the country.
I\'. And lie it further iiKie/nl by the authority aforesaid. That the
commissioners liereinafler mentioned are hereby authorized and empow-
ered to apjioiiit two inspectors for the- city of (-harleslon, ami as many pick-
ers a.s they, or a majority of them, may think necessrry forjiickim; tobacco ;
OF SOUTH CAROLINA. 115
ami after the tobacco is picked and separated fiom the trash, the trash shall A. D.lTS'.i.
be burned, as this Act directs.
V. And be it further enacted by the authority aforesaid, That the com-
missioners hereinafter mentioned shall, and they are hereby required to, Scales.wpights,
provide good and sufficient scales and weights, prizes or screws, at the ;;^'j'; j^ be pro-
aforesaid warehouses, for the use of the inspectors, and a sufficient numl)er
of hands for coopering, picking, storing and delivering all the tobacco tliat
may be brought to the warehouse or warehouses ; and on failure so to do,
they, or the persons contracted with to do the same, shall forfeit and pay
the sum of fifty pounds for every such neglect, to be recovered in any court
of law having jurisdiction thereof within tliis State ; one half for the use of
the State, and the other half to the person or persons informing and suing
for the same.
VI. And be it further enacted by the authority aforesaid. That the com-
missioners hereinafter named are hereby authorized and empowered to j>- '" he pnid
take and receive the sum of seven shillings for each and every hogshead of j"'ii^"^.Jj',or'
tobacco, when delivered out of their respective warehouse or warehouses exportation,
for exportation, to be paid by the exporter ; which money arising shall be
applied by the said commissioners towards paying the inspectors' salaries
and cooperage in the first place, and the surplus of the said money shall be
by them applied to the purpose of erecting proper warehouses, and all ne-
cessary buildings and utensils, upon such lot or piece of ground as shall be
purchased, for the permanent inspection of tobacco, in or near Cliarleston,
until the buildings so to be erected on the ground which shall be purchased
for the permanent inspection of tobacco, in or near Charleston, shall be
completed.
VII. And be it enacted by the authority aforesaid, That if the commis-
sioners, inspectors, coopers, packer or packers, shall take any other fee, Penalty for
gift or gratuity, from planter or merchant, than is allowed by this Act, he (pes.
or they shall pay to the party aggrieved ten shiUings for every shilling so
taken, to be recovered before any justice of the peace in this State, with
costs of suit.
VIII. And be it further enacted by the authority aforesaid, That the in-
spectors and pickers shall, before entering into their office, take and sub- Inspectovs and
^., , ^ 1 n^ • ,1- ..•*! .. pickers Intake
scribe the same oaths or amrmation as the inspectors in the country are J,,, ^g,!,
required to do, and shall give the same kind of notes for tobacco and mani-
fests for shipping, and be under the same rules and regulations ; and the
commissioners hereinafter mentioned shall and may have and exercise,
and they are hereby vested with, the same powers and authorities as the
commissioners in the country ; any law, usage or custom to the contrary
notwithstanding.
IX. And be it further enacted by the authority aforesaid. That every
tobacco hogshead shall be made of good, well seasoned timber, the staves Bunensionsnf
not exceeding four feet two inches in length, and the outside of the head hIkMiow to be
shall not exceed thirty-three diameter, and shall be branded with the m- br.indcd, &c.
itials of the name of the maker or owner of the tobacco, and when brought
to any of the aforesaid inspections in the country, the inspector or inspec-
tors shall cause the cask to be stripped off, weighed and marked, the tobac-
co carefully examined, broke, and samples drawn out in as many places as
the inspector or inspectors think necessary, (not less than two); and if the
tobacco be fnund good, sound, clean and merchantable, he shall cause the
hoofshead to be put on, coopered and headed up, in a secure and merchant-
able manner, at the owner's expense, for which the inspector or cooper, ,
finding nails, shall charge the sum of one shilling and six pence, and no
inoie. Provided nevertheless, where any person or persons choose to
116 STATUTES AT LARGE
A. D. irra. eooper their own hogsheads, they shall be at liberty so to do, and shall be
'•~^'~^^^>^^ ullowed the immediate use of a prize or screw foi that jiurpose, without
fee or reward ; and every hogshead so examined and weighed, containing
not less than nine hunth'ed and fifty jjounds of nett tobacco, shall be deem-
ed a merchantable hogshead, and a tender in all tobacco payments.
X. And be it further cnticted by the authority aforesaid. That where any
b'^'biimt!"^'^*'"' '*°'?'*'"^'''^ "'" parcel of tobacco shall be brought to any of the aforesaid
warehouse or warehouses for view, and on examination shall be found to
be mi d with trash, dirt, unsound or unmerchantable tobacco, the inspec-
tor or inspectors shall cause the same to be ]>icked, and the trash or bad
and unmerchantable tobacco shall be j)ublicly burnt liy the inspector or in-
spectors, and such as is sound, clean and mercliantal)lc, the inspector or
inspectors shall weigh and receive and shall give a note for the same.
XI. And he it further enacted by the authority aibresaid. That at each
warehouse in the country there shall be places provided by the proprietor,
nucktn" lobac- '"^' *"' '"'^ refusal, by the commissioners, the expense of which to lie de-
<o m each ducted out of the storeage of the tobacco, and a secure place for the packing
wnreliousc m away all loose and small parcels of tobacco that may be brought for in-
^' spection ; and if found good, sound and clean, he shall weigh the same
and have it put by in the place above described, for which he shall give a
note, specifying the name of the warehouse, tli<' (|u;uiiitv, and that the bear-
er is entitled thereto ; which said small parcels, or light hogsheads of
tobacco, the inspector or inspectors shall cause to be prized into hogsheads,
not to contain less than nine hundred and fifty pounds nett. And on any
person or persons producing small notes to the amount of nine hundred
and fifty pounds, with the following allowance, as a deduction for shrinkage
in weight, he, she or they, on paying the fees hereinafter expressed, shall
be entitled to receive a note or certificate for a crop hogshead, as an allow-
ance for shrinkage : on all transfer notes, brought in to be exchanged for
cro]) hogsheads, the inspector or inspectors shall deduct, from all such as are
exchanged within a month after date, two per cent., and for such as are
brought in witiiin two months afterdate, and above one, four percent., and
so on, till it shall amount to eight per cent., and no more. And where any
of such transfer tobacco that shall have been ins]iected before the first day
of the past August, shall lie in any of the aforesaid warehouse or ware-
houses till the circuit court in November of the district in which the said
warehouse or warehouses is situated, and no note ])roduced for the same,
that then, and at such circuit court, the inspector or inspectors shall cause
the same to be sold at public sale, for cash ; and the holders of notes for
transfer tobacco in any of the aforesai<l waiehouseor warehouses, in ll;e
ciinntry or city of ("harlesioii, after such sale, shall receive cash for the
same, on producing the note to the inspector or inspectors, at the rate the
same WHS sold for, with the deiluctioii of ten ]>er cent, for loss of weight
and trouble of .selling, receiving and (Kiying.
XII. And hr it further eniirttd by ihe aulhiinty aforesaid, That the
K.ni'li hlid lo bcinspectiir r)r inspectors, at their si'veral warrhiuise anil warehouses re.spec-
innrki-il .-<. <:. fiv('lv, shall receive each liogsherid of tobacco so e.xamineil, passed, weii;h-
"m'ii"" "" '"' "'"' coopered, into their respective warehouse cu' warehouses, and shall
number and brand the same S. C, and mark on the head and staves thereof
the gross, the Ian-, and the nelt weight of loliacco contained therein, and
shall ileliverlo the owner !i note, wheiein shall be expressed the planli-r's
brand, the iiuinbei, the river and warehouse, the gioss, the tare and nelt
weight, nnd upon presi-nting which note the tobacco shall be delivered
to the holder thereof for exportation.
OF SOUTH CAROLINA. 117
XIII. And he it further enacted by the authority aforesaid, That when A.1J.17S9.
tf)bacco shall be delivered at any of the said warehouse or warehouses to ^•~^~^'~^^
any boat, flat, or other craft, to be carried to and laden on board any ship Inspectors to
or vessel bound to a foreign maiket, or to waggons or boats to be removed f^"jen^obacco^'
to a seaport, the inspector or inspectors shall take up his or their notes, is removed for
and shall give a raaiiifost of the tobacco so delivered, in which shall l,e <=''Poi'"iiion.
expressed the name of the warehouse, and shall run in the following words:
" Delivered the day of , to A. B. patron of the boat C,
hogsheads of tobacco, marks, weights and numbers as per margin, to go on
board the ship (or other vessel, as the case may be) E, for exportation."
When removed by a waggon or boat, a blank shall be left for the shipper
to insert the naine of the vessel; the shipper's mark and number shall also
be inserted in the face of the manifest by the inspector, when known, but
when it is otherwise a blank column shall be left for that purpose, and to
be filled up by the shipper. And each captain or master of a vessel lading Duty of cap-
tobacco on board for exportation, shall safely keep those inspector's mani- tuii's of vessels
fests till he has his intended complement on board, and shall then make a(„'|^'^'^™f
general one of his cargo, which shall be produced to the collector of the
port before the vessel obtains a clearance to sail ; which general manifest
the collector of the port shall compaie with the inspector's, and if found to
agree, the inspectors several manifests shall bo filed in the ofHce ; and the
following oath shall be administered to the captain or mate : " I, A. B., O"'''-
do solemnly swear or affirm that I have no other tobacco on board the ship
or vessel called the than what is m the manifest now by me pro-
duced expressed, neither shall any more be laden on board the said vessel
for the present voyage by my knowledge or procurement : So help me
God." And if any person shall be convicted of having knowingly taken
-a false oath or affirmation in this respect, such person shall suffer as in case
of wilful and corrupt peijury.
XIV. And. be it further enacted, by the authority aforesaid, That if any
tobacco shall be found on board of any ship or vessel bound to a foreign Tobacco when
market or port, without this State, for which no inspector's manifest can '"■''"^''''■
be produced, the said tobacco shall be forfeited, and the captain or master
of the vessel shall be subject to a fine of five pounds sterling for each
hundred weight, and in proportion for a greater or lesser quantity ; one
half to the informer, and the other half to the State, and to be recovered
in any court of record within this State. Or if any captain or master of
any vessel, after producing his manifest to the officer of customs, taking
the oath, and obtaining his clearance, shall be convicted of receiving any
other tobacco on board besides what he has expressed in the said manifest,
he shall forfeit double the sum aforesaid, and shall be liable to prosecution
for wilful and corrupt perjury.
XV. And be it further enacted by the authority aforesaid, That when any
tobacco shall be so ranch cut away as to reduce the same under mnehun-If tobacco is
dred and fifty pounds nett, the deficiency shall be supplied by taking the [i"an g.'iu wt."**^
cut tobacco to pieces and repacking the same with such additional tobacco
as shall be requisite, by screws or presses.
XVI. And be it furtlier f«ac?C(? by the authority aforesaid. That only Only two in-
two inspectors shall be hereafter appointed in Charleston, who shall be charie's'ton'^
obliged to attend together at every inspection.
XVII. And be it further enacted by the authority aforesaid. That the
inspectors in the country shall be paid a salary, to be fixed by the Tax of 3s. on
comrai.ssioners, in lieu of all the fees and charges heretofore received ; """^h. '''"'■ '° ,
and a tax of three shillings per hogshead shall be paid on every hogshead salaries.
of tobacco inspected at any inspection, warehouse or warehouses, in the
118 STATUTES AT LARGE
A. I). I7i;9. country ; the same to bo paid by the purcliasor and lo be applied in man-
^-"^"""^^^^ ner abovementioned.
XVIII. And he it fuithcr enacted by the authority aforpsaid, That all
Penalty nn unclean, unsound or unmerchantable tobacco tliat may, after the passinn^ of
in«|>eetors not ((jj^ ^^j^ jjg condemned at any of the inspections respectively, the inspec-
tobucco. tT o'" inspectors shall see it is immediately burnt ; and on nec;lecting so to
do, he shall forfeit and pay for each hundred pounds weight the sum of
five jjounds sterling, one half to the informer and the other half to the
State, to be recovered as is hereinbefore directed.
XIX. Ami he it further enacted by the authority aforesaid, Tiiat every
Scalcs,weisht9 owner, or the commissioners, of any warehouse or warehouses in the
and prizes lobe country, respectively, shall provide and keen in tjood repair, at their re-
proviilcd in the .•• ', • ■' , ^ cc .. i i i.
countrv. speclive warehouse or warehouses, good and sufhcient scales and weights,
at their own expense, prizes, and other implements necessary for the in-
spection of tobacco, the expense of which to be defrayed as hereinbefore
directed ; and on failure tlicreof, shall be subject to a forfeit of ten shil-
lings sterling per day, to be recovered by the ))erson or persons aggrieved,
before any justice of peace of tliis .State. And each nispector or inspec-
tors shall enter, in a book to be kept for that purpose, the number of each
hogshead, the gross, tare and netl weight, the maker's or owner's name,
and to wiioni the said was delivered for exportation, and when. And
where warehouses have been built by the conmiissioiiers, the inspector or
inspectors shall account with such commissioners, and pay into their hands
the storeage money, quarterly, as is hereinbefore directed ; and where ne-
cessary buildings shall have been prepared by the ]iroprietor, they shall
account with the ])roprietor in like manner ; and eitlier may demand and
have a sight of the inspectors' books, if it shall be be judged necessary.
XX. And he it further enacted, by the authority aforesaid, That the
Feeonsiorage. storeage in the country inspections shall be one shilling per hogshead;
provided always, that after the expiration of four months, the said storeage
shall be at the rate of three pence for each and every month.
XXI. And he it further enacted by the authority aforesaid That the
Bounds of bounds and liinits of tlie city of Charleston shall be, and they are hereby,
enlarged. enlarged, so as to include within the jurisdiction of the city council the
lands belonging to the city which are bounded by Hutson-street, Meeting
street Iload, and St. Philip's-street continued.
XXII. And he it further enacted by the authority afcu'esaid. That at
each of the inspections respectively there shall be one o! nnre picker or
One picker or pjckers, who shall be approved of by the commissioners hereinafter named,
country. and shall act upon oath, and be sworn by the said commissioners ; for
])ickiMtr they shall lie allowed an eighth pail of the (irsi six hundied
weight, and five pei cent, for all above that <|uaiitity, that may be saved
out of any hogshead of tobacco by him or them picked.
XXIII. And he it further enacted by the authority afiiresaid. That the fiil-
CommimiioncM lowing per.sons shall be commissioners at the respective jilaces before
appointed. mentioned, and siiall be, and they are hereby, appointed and einjinweieii
to carry this Act into eU'ectual execution ; that is to say, l"\ir the inspec-
tion of the city of Charleston, the honorable .John Lewis Gervais, Ksi|..
the honorable Richard Liishinijlon, Daniel Stevens, John Wake, John
liudd, Thomas (iadsdcn, and William Tiirpin : for the inspeclion of
(Jeornctown, llie honorable Diinicl Tii<-ker, .'^aniiirl ."^mitli, ami .rtihii
Cogilell ; fiir the ins|)e(lion at ( "heraw lldl, and the northeast side of I'e-
dee river, Benjamin Hicks, senior, William Kllerby, William Thonia.-,
and Mori^an Brown, Ksrpiires, and Driiry Robertson; for the inspectinn
at or near Friday's Kerry, on boili sides of the (^onijaree rivrr, Tliomii-;
OF SOUTH CAROLINA. HE
Taylor, Richard Hampton, James Taylor, John Threewits and James A.I). 1789.
Kelley ; for the inspection near Camden, on each side of the Wateree ^-^^"'"'"^^^
river, John Chesnut, William Lang, and John Kenshaw ; for the inspec-
tions at Campbell's warehouse, Falmouth, and Adams's Ferry, Arthur
Simpkins, Esquire, John INIartin, and John Herndon ; and at or near the
Eia iron works, near Catawba river, John Drennan, Joim Harris, Francis
Adams, Samuel Watson, and William Hill. Which said commissioners
shall have full power and authority to nominate and appoint the several
inspectors at the several warehouses hereinbefore mentioned ; which ap-
pointment shall consist of one at each warehouse in the country, except at
the inspections at Campbell's warehouse, Falmouth, and Adams's Ferry,
for which said three warehouses .shall be only two inspectors appointed,
who shall attend together at every inspection alternately, at each place,
every two days.
XXIV. And he it further enacted by the authority aforesaid, That if any
inspector or inspectors, cooper or coopers, or pickers, in the country, shall Penalty; on
take any other or greater fee than is allowed by this Act, he or they shall fees'"^ '"«g»l
forfeit and pay to the party aggrieved ten shillings for every shilling so
taken by him or them, to be recovered by a summary process, before any
justice of the peace of this State ; any law, custom or usage to the con-
trary notwithstanding.
XXV. And be it further enacted by the authority aforesaid. That each
inspector so appointed shall give bond with substantial security, to be an- Inspectors to
li-ii • •• -1 ci ', Ki*e bond,
proved oi by the respective commissioners, m the sum oi one thousand
pounds sterling, conditioned well and faithfully to discharge the duties of
his office, and made payable to the treasurers of this State; which bond
shall be taken by the i-espective commissioners, and by them lodged, in the
country, m the office of the clerk of the county, where county courts are es-
tablished, or ill the office of the clerk of the district, where county courts are
not established, or, in Charleston, in the'treasury. And if any of the said
inspectors shall neglect to give reasonable attendance at all reasonable
hours, or shall be guilty of any malpractices, each inspector so offend-
ing may be removed, at the pleasure of the commissioners who appoint-
ed him or them; and such commissioners shall have full power and
authority to appoint another or others in his or their room Provided,
that no such removal shall be lawful, unless such inspector or inspec-
tors hath liberty to make his or their defence, and an opportunity given
him or them to disprove th'e charge alledged against him or them.
XXVI. And he it further enacted by the authority aforesaid. That where
tobacco, at any of the inspections in this Act before directed, shall be Owners and
adjudged by the inspector or inspectors to be unmerchantable, or by "'spectors dis-
him or them condemned to be picked or burnt, and the owner think °^'^'''""^'
himself aggrieved thereby, if at any warehouse or warehouses out of
Charleston, he shall have liberty to call on the inspector who is appointed
to attend such warehouse, in case of the other's inability, to review the
same, and in case of their disagreeing, one of the commissioners shall
decide ; and if in or near Charleston, the two inspectors should disagree,
they shall call in, as umpire, a third person, to be appointed by the commis-
sioners, who shall be paid the sum of one dollar per hogshead for his
attendance and trouble, to be paid out of the fund above directed to be
raised for defraying the several expenses of inspection ; and if in the
opinion of one of the inspectors and of the person so called in as umpire,
such tobacco shall be thought merchantable, it shall jiass.
XXVII. And be it further enacted by the authority aforesaid. That each , ^ , ,
inspector, previous to his entering on the said office, shall take the follow- o'atf. '^^'^
120 STATUTES AT LARGE
A. D. 1789. Jng oath or afTirmation before the commissionei's by whom he is appointed,
"^-^""^^"^"^ and who are hereby empowered to administer the same, to wit : " 1, A B,
do sincerely promise and swear (or affirm, as the case may be) that I will
well and faithfully inspett all tobacco that siiall be brongfit to me lor that
purpose, without partiality, favor or aflection, according to the best of my
judgment ; and that I will not, by myself or any other person emjiloyed by
me or for me, be concerned, either directly or indirectly, in the ])urchase
or sales of any tobacco whatsoever, during my holding the otlice of mspec-
tor, my own crop, or such as is directed to be sold by law, only cxcejjted.
So help me God."
XXVIII. And be it further enacted by the autiiority aforesaid. That if any
Tobacfowhcn Captain or commander of any ship or vessel shall presume to sail from
forfeited. any port within this State for any port not within this State, after the pass-
ing of this Act, having tobacco on board not entered and cleared as is
hereinbefore directed, all such tobacco shall be forfeited to the State, and
shall be seized and sohl for the benefit of the same ; and the captain
or commanders shall be lined in the sum of five pounds sterling for every
hundred j)0unds weight, to be recovered and applied as hereinbefore
directed.
XXIX. And he it further enacted by the authority aforesaid. That when
rcnalty on re- tobacco shall be oflbred to view at any of the inspections hereinbefore
moving tobacco j];j.gj.|.gj^ ^^.j^j^j^ shall be refused by the inspector as unmerchantable, any
ia burnt person or persons removing the same before the bad and unmerchantable
is burnt, as hereinbefore directed, shall, upon conviction, forfeit and pay
the sum of five pounds sterling for every hundred weight so carried away;
one half to the informer, and the other half to tlie use of the State, to be
recovered as is hereinbefore directed.
XXX. And be it further enacted by the authority aforesaid. That when
tobacco shall be delivered by any of the aforesaid inspections for trans-
adultenitin''. porlation, and the person to whorri the same is delivered, or in whose care
it may be, shall cbantje the cask in which it was delivered, and put other
tobacco therein, or sutler any part to be taken out, and other tobacco put
in, not the contents of the cask when delivered, the person or persons so
offending shall, upon conviction, pay a fine of fifteen pounds sterling, and
suffer three montlis imjjrisonment, without bail or mainprize.
XXXI. And. he it further enacted by the authority aforesaid. That if
Denth to conn- any person shall erase or alter or counterfeit any note or manifest of to-
tcrfcit nny "oif bacco, <jiven by any insijcctor of tobacco within this State, or shall utter, in
onuuiurcsi. 1 ■ " 1 •,• 1 ■ 1 ,
payment or barter, any such note or manifest, knowing tlie same to be
counterfeit, every such person on conviction shall sufler death.
XXXIL. And be it further enacted hy thv authority aforesaid. That the
Commissioners commissioners respectively shall transmit an account of the number of
to make re- hogshea<ls of tobacco, and the nett weiijht thereof, inspected at each ware-
turns, house, and the expenses attending the same, each and every year, to the
commissioners of the treasury of this State, for the inspection of the
Legislature.
XXXI H. And be it further enacted by the authority aforesaid, That the
Hours of commissioners appointed by this Act shall be, and they are hereby, antlm-
inapccuun. rizcd and re(|iiircd to fix the hours in which the inspectors shall attend at
the inspection stores; and the sum often shillings shall be, and is hereby,
imposed on every inspector for every hour he shall wilfully delay or ali-
sent himself from the duties of his olHce, to be sued for and recovered by
a summary jiroress, before any judge or justico of the peace in this State.
to the use of the person ai;i;rieved..
OF SOUTH CAROLINA. 12
XXXIV. And he it further enacted by the authority aforesaid, That all A. »• 1789.
former Acts relating to the inspection of tobacco be, and the same are ^-^"^^"^
hereby, repealed.
In the Senate House, the thirteenth day of IMarcli, in the year of our Lord one tliousand
seven hundred and eiglity-niue, and in the thirteenth year of the Independence
of the United States of America.
D. DESAUSSURE, President oj the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ACT for laying out certain Roads and establishing certain Ferries ; No. 1457.
and for other purposes therein mentioned.
(Passed March 13, 1789. See last volume.)
AN ACT FOR VESTING l,\ RoiiERT McKeLVEY, EsQUlKE, HIS H.'OIRS No. 1458.
.\ND Assigns, forever, all the real estate which James McKel-
VBY, OP EuT.iW, DIED LEGALLY SEIZED AND POSSESSED OP.
WHEREAS, Robert McKelvey, Esquire, hath, by his petition to the
Legislature, set forth his claim to the real estate of the late James Mc-
Kelvey, deceased, of Etitaw, which said estate is now sued for on behalf Preainhle.
of the State, as being liable to escheat ; and whereas, it appears that the
claim of the said Robert McKelvey, Esquire, is well founded, but from the
lenofth of time and deaths of divers persons cannot be established in a court
of judicature, according to the strict legal rules of evidence ; wherefore,
and by reason of the peculiar hardship of his situation, and for other
special matters in his petition contained and duly supported,
L Be it therefore enacted by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That all the real estate of which the said James fj^elTn Robt
McKelvey died seized or possessi'd of be, and the same is hereby, vested McKelvey.
in the said Robert McKelvey, Esquire, his heirs and assigns, forever.
Provided always, that nothing herein contained shall extend, or be con- .
strued to extend, to deprive any person or persons who shall, within three
years from the passing of this Act, make title to, and prosecute the same
to judgment, of or for any of the lands or real estate which were of the
said James McKelvey, at the day of his death, or otherwise, whose title
accrued previous to the fourteenth day of December, in the year of our
Lord one thousand seven hundred and eighty-three.
IL And be it further enacted by the authority aforesaid. That Robert
McKelvey, Esquire, shall pay unto the escheator or escheators all charges t" ''"' P*^
incurred by them, or either of them, for any proceedings had against the
VOL. v.— 16.
122
STATUTES AT LARGE
A.n. l"Ka. said lands by virtue of the escheat law, passed the twenty-seventh day of
^-^''^'"^'^ March, one thousand seven hundred and eighty-seven.
Ill ihc Senate House, tlic tliirlcrnlli iltiy of Alaixli, in llic year of our Lord one lliou-
s:iiiil fevcn liiiiiilrcd mid ci;lny-ninc, mid in iho tliirlecnth yctir of the Independence
nf the I'nited States of Amcricu.
D. DESAUSURE, President of (fie Senate.
.lACOH RRAD, Speaker ftf the House of Reprcsentatifcs.
Powers of
Justiecs.
No. 1459. AN ACT to vest i.\ tuk Justicks op the County Courts the pow-
ers .\ND authorities OF THE VeSTRIES .»ND CHURCHWARDENS OF
Parishes, so far as the same relate to the Pooh of the re-
sriuTivK Counties, where Countv Courts are kstarlished.
I. Be it enactciJ, by the honorable the Senate and House of Rcproscnta-
tives, now met and sitting in General Assembly, and by the authority of
the same. That from and immediately after the jiassing of this Act, the
justices of the county courts shall be vested with all the powers and
authorities, within their respective counties, that have been heretofnre
exercised by the vestries and churchwardens of parishes, so far as the
same relate to the providing for the poor of the said respective counties,
and to the binding out poor orphan children ; any law, usage or custom
to the contrary notwithstanding.
In the Senate House, tlie thirteenth day of March, in tlic year of onr Lord one thousand
seven hundred and eighty-nine, and in the thirtceiitii year of the Iiidcpeniience of
the United States of America.
1). DESAUSSURE, President of the Senate.
JACOB READ, Speaker of the House (f Representatives.
No. 1460. AN ACT to vest in Mary Hknnizer, and heu Heirs, in fee simple,
A certain tract of Land, late the property of Philip Culp.
DECRASKI).
WIIERI'].\S, in |)ursuance and by virtue of an Act of this Slate, enti-
tled "An Act to appoint lischeators, and to rei»ulato Escheats," a tract of
land situate in St. Paul's parish, in this State, late the jnopcrty of Philip
Culp, deceased, was di'cmed, and by law declareil to be, eschealpd and
vesle<l in the .Slate ; and wliere.is, Mary Jleiinizer, of the .said |i:iiish,
widow, hath, in and by her luinil)le ])elition, set up a re:isonable and ei|iiiia-
ble claim thereto, and prayed that the Legislature wotdd by law establish
and confirm her tith; thereto :
L Br it therefore enartei!, by the honornble the Senate and House of
Land vested in Representatives, now met and sillini; in ( leneral Assembly, and by the
*'"'''"''"°'"^- authority of the same. That from and immediately after the "passing of this
Act, the said tract of land, lato the properly of I'liilip <'iilp. deceased.
OF SOUTH CAROLINA.
situate, lying and being at Stono, in St. Paul's parish, containing three A. D. 17
hundred and eleven acres, or thereabouts, butting and bounding to the ^~^~^^^
east on lands of the Honorable William Clay Snipes, to the north on
lands of Mr. Nathaniel Farr, and to the south and west on lands now or
late of Sellers, shall be, and the same is hereby, vested in the said
Mary Hennizer, and hei heirs, in fee simple. Provided nevertheless. Proviso
tiiat the said Mary Heunizer or her heirs shall fully pay, acquit, and dis-
charge all demands which have been or shall hereafter be brought, either
in law or equity, against the said estate, and also shall pay unto the es-
cheator or escheators all charges incurred by them or either of them for
any proceedings had against the said lands by virtue of the escheat law,
passed the twenty-seventh day of March, one thousand seven hundred and
eighty-seven. Provided also, that if any person or persons shall, within
three years, appear and make good their right and title to the said land,
then, and in that case, the said Mary Hennizer, or her heirs, shall sur-
render up and deliver over the same to him or them, upon being fully
indemnified, made whole, and satisfied, for all sums of money which she
or they may have paid on account of the said estate, over and above the
proceeds of the personal estate, and all legal commissions which as adminis-
tratrix she may be entitled to, together with all reasonable charges for
necessary improvements made on the said land.
. fn the Senate House, tlie thirleeutli day of 3Iarch, in the year of our Lord one thousand
seven hundred and eiglity-nine, and in tlie thirteenth year of tlie Independence of the
United Slates of America.
D. DESAUSSURE, President of the Senate.
JACOB READ, Speaker c>f t/ie House of Representatives.
AN ORDINANCE for building a Draw Bridge across Wappoo Creek. No. 1461.
(Passed March 13, 1789. See last volume.)
AN ORDINANCE for providing pavment for the attendance of No. 1462.
THE ^IemBERS of THE Li'GISLATURE.
I. Be it ordained, by the honorable the Senate and the House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same. That certificates shall be n;iven by the President of the Sen- ,, .
iici PITT (»T^ • ■, , IMembcrs to re
ate and the Speaker or the House ot Kepiesentatives, resjjectively, to theceive certifi-
members of each House, for attending the Legislature, and that the same<^ws-
shall be received in payment of taxes for the year one thousand seven
hundred and eighty-nine, with the treasury, in payment of the moneys due,
or that shall hereafter become due, from vendue duties, except the six
hundred pounds appropriated for the payment of amis purchased for the
State; and also in payment of general duties due, or that may arise, till
the Congress of the United States shall, or may appropriate the same for
124 STATUTES AT LARGE
A. U. 1789. {],f, ygj. yf {{j(j General Government of tlie T'nited States; and in payment
^'^'''^"^^ of all or any moneys that shall be payahle into the treasury, not appropri-
ated by an Ordinance entitled " An Ordinance for fundinjr, and ulliniiilely
discharging the foreign debt of this State ; any law to tiie contrary not-
withstanding.
In the Senate Hoiisl', the thirteenth day of March, in the year of our Lord one thou-
sand seven hundred and eighty-nine, and in the thirieeiith year of tlie Inilependcnri-
of t)ie United States of An
D. DESAUSSURE, President of the Senate.
JACOB READ, Speaker of t fie House of Rejiresentatives.
No. l-Jfi."?. AN ORDINANCE roi; the presf.rv.^tion of Deer; to prevent thk
mischiefs .\rising from firk hu.ntixn .^nd setting fire to the
Woods.
WHEREAS, many idle and disonleily persons have made, and do
make, a practice of hunting with fire in the night time, whereby great
Treanible. numbers of deer are unnecessarily destroyed, and' the cattle and othei
stock of the good citizens of this State are fiei|uently injured; for remedy
whereof,
I. Be it. ordained, by the honorable the Senate and House of Reiue-
_ , seiitatives, now met and sittin" in (Jeneral Assembly, and by the aiilliu-
Penaltv on per- . ,. , m, ^ i "i n i ' <• i
Bons who hunt rity ot tlie same, 1 hat any person or persons who snail nereatler ntinl
with fire in the with fire in the night time, for every such ofl'ence shall forfeit and pay ;i
nigi nne. ^^^^ ^^^ excei-ding two pounds, and for every deer so killed, a sum iml
exceeding five pounds, and for every horse or head of neat cattle, or other
stock of any kind, a sum not exceeding ten pounds, which jienalties shall
and may be recovered before any one justice of the peace, and four disin-
terested freeholders in the pari.sh or county where the ofl'ence shall be
committed, and wlien recovered shall be paid, one-half to the use of the
parish or county, and the other half to the informer who .shall sue for and
recover tlie »aine; and in case any person or pcrsoi!s so convicled as aliire-
said shall refuse or neglect to pay such fine, then it shall and may be law-
ful, and the justice before whom he shall be convicted is hereby required,
to commit such person or pei-sons to the comuum gaol m the county or
district where the offender or offenders shall have committed the said ciinie,
there to remain without bail or main[>ri/e for a term not exceeding three
months.
H. A?id be it farther ordained by the authority aforesaid. That aiiv
Perpiiiis liiihle persoii or persons who shall hereafter hunt with fire in the night lime, or
to ai lion hy kill any horse or neat callle, or oilier slock of any kind, the ])ioperly of
'■ another |)erson, shall be liable to an action at law by the person so
aggrieved, in addition to the above penalties.
HI. And he it further ordained by the authority aforesaid. That in
Punishment of case any slave shall be detected in fire hunting, or shall kill in the night
vioIttiinV'ho ''"le any deer, horse, or neat cattle, or stock of any kiiiil. not the property
law. of his master or owner, such slave shall, on conviction ihi'reof belore iiiiy
one justice and four freeholders ofthe counly or districi wheie the olTcnti'
was committed, receive stich corpoial ])iiiiishinenl, not extending to liie oi
OF SOUTH CAROLINA. 125
limb, nor exceeding thirty-nine lashes, as the said justice and four freeholders A. D. 1789.
shall direct; or in case that it shall appear upon evidence to the satisfac- "^--^'v"'^-^
tion of the court, that the said ofli^nce >vas conimitted with the privity and
consent of the owner or oversei-r of the said slave, such owner or over-
seer, as the case may be, shall be liable to the same penalty, fine, and im-
prisonment as if he had personally committed the said oflence, to be re-
covered and applied in the same manner as is directed by the first enacting
clause of tliisOrdinance.
IV. A/id be it further ordained by the autliority aforesaid, That any per-
son or persons convicted of killing does at any time between the first day Penalty for
of March and the first day of September, shall be liable to the fines, for- "^'"'"S '^"°^-
feitures, and penalties, as are imposed by this ordinance, to be recovered
and applied in the like manner as is above directed.
V. And be it further ordained by the authority aforesaid,' That no person
shall put fire to or burn any grass, brush, or other combustible matter, so as Penalty on
thereby the woods, fields, lands, or inarshes be set on fire, nor cause the gerji^g^Jhe'")"!)-
same to be done, nor be thereunto aiding or assisting"; and whosoever shallperty of others
offend herein, and be thereof convicted, shall foifeit the sum of five pounds, ^y burning
, , . , . 1 1 , 1 1 ,/> 1 c ^ c \ woods, &:c.
one-hall to the mtormer, and the other halt to the use ot the poor ot the
parish or connty in which the offence shall be committed, and in default
of payment of the said sum shall suffer imprisoninent for a term not ex-
ceeding two months, and shall be moreover liable to the action of any
person or persons who thereby shall have suffered damage. Provided,
that no peison or persons shall be prevented from firing woods, fields,
lands, or marshes within his, her, or their own bounds, so that he, she, or
they suffer not the fire to get without the bounds of his, her, or their lands,
and injure the woods, fence, or grass of his neighbor or neighbors ; and
where any offence shall be committed against this Ordinance by a servant
or slave, without the direction, consent, or knowledge of his master or
mistress, the offender (unless the master or mistress shall pay the damage '
which the owner of the lands shall sustain, and costs of suit,) shall receive
not e.\ceeding thirty-nine stripes, at the discretion of the justice and free-
holders before whom the offender shall be convicted.
VI. And be it further ordained by the authority aforesaid. That the
four freeholders, previous to their entering on any trial by virtue of this Oath to be
Ordinance, shall take the following oath or affirmation before the said ["yjj"fg^
justice, who is hereby empowered to administer the same, to wit : " I,
A B, do swear (or affirm, as the case may be,) that I will, to the best of my
judgment, without partiality, favor, or affection, try the cause now depend-
ing between A, plaintiff, and B, defendant, and a true verdict give accord-
ing to evidence. So help me God."
VII. And, be it further ordained by the authority aforesaid. That it shall
and may be lawful for any justice of the peace before whom information ■'"*""'^'°'^^"'^
shall be lodged of any breach of this Ordinance, to issue his warrant to siimmon free-
any lawful constable, commanding him to summon a sufficient number oflio'ders.
disinterested freeholders to appear at a certain time and place for the pur-
pose of hearing, trying, and .determining on the said information ; and the
freeholders so summoned are hereby required to attend, on pain of forfeit-
ing the sum of ten shillings each for neglect, to be laid and levied and
applied as hereinbefore mentioned, by authority of the same justice of the
peace, unless such defaulter shall give a good and sufficient cause on oath
to the satisfaction of the said justice.
VIII. And, be it further ordained by the authority aforesaid, That the
captains of the several companies of militia throughout this State be, and
they are hereby, required to cause this Ordinance to be read at the head
126 STATUTES AT LARGE
A. U. 1789. of tiieir respective companies at least once in six months, on pain of being
^-^'"^''^^•^ charseahle with nesjlect of duty, and to be proceeded aprainst as a court
Captains of martial may direct ; and tliat five hundred copies of this Ordinance shall
I".".'"'" '" '■'■'"'^ be printed, to be distributed by his Excellency the Governor to the com-
to ilieircompa-nianding officers of the several regiments throughout this State, whose
nies. duty it shall be to distribute them to the captains of their several militia
companies.
In tJie Senate House, this tliirlcenlh ilny of March, in the year of our Lord one t)iousantl
seven hundred and eighty-nine, and in the Iliirteenlh year of the Independence of
the United State? of An
D. DESAUSSURE, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
No. 14G4. AN ACT to i'kkvk.nt peuso.ns holding cektaix offices of emoi-u-
MKNT from LEAVIXG THt: StATE.
Preamble. WHEREAS, it is inconsistent with the good of the State, that per-
sons holding offices of emolument should leave the same ;
I. Be it therefore enacted by the honorable the Senate and House of Rep-
Officers of the resentatives, now met and sitting in General .Assembly, and liy tlie au-
leaveitwiilioutthority of the same, That from and immediately after tlic passing of this
permission. ^gt^ \i shall not be lawful for any judge, attorney general, commissioner
of the treasury, auditor, collector of the customs, register of mesne con-
veyances, secretary of State, or surveyor general, to leave this State witli-
out permission first had and obtained from his Excellency the (lovernor or
Commander-in-chief for the time being ; any law, usage, or custom to
the contrary thereof in any wise notwithstanding.
n. And he it further enacted by the authority aforesaid. That if either
Forfeiture on of the said officers shall (juit the State without leave, to be obtained agrec-
witliout pcr-"^ able to the directions of this Act, lie shall incur a forfeiture of office, and
mission. the Governor and Commander-in-chief shall proceed, with the advice and
consent of the Privy Council, to fill up the vacancy during the recess of
the Legislature, which shall be occasioned thereby.
HL And he it further enacted by the authority aforesaid. That in case
Govemorto of the sickness of any of the said officeis, the Governor and Commander-
Klce'in'case in-chief for the time being is hereby authorized to grant leave of absence,
of sickness. and for no other ]iiir|iose whatever, to such officer or officers, and an entry
of such leave shall be made in the journals of the Council.
In the Scnnlc House, the thirteenth day of -March, in the year of our Lord one tliousuml
seven hundred and cichty-nine, and in the thirteentli year of the Independence of tlie
United States of America.
D. DES.'VUSSrTRE, President of the Senate.
•lACOB Ri'I.M), S;>e<i/ier of the House of Reprcsevtatires.
OF SOUTH CAROLINA.
AN ORDINANCE to entitle the Electors and Members of the No. 1465.
State Convention to privilkge during their attendance.
1. Be it ordained, by the honorable the Senate and House of Repre- Privileges of
sentatives, now met and sitting in General Assembly, and by the autho- the members of
rity of the same, That the members of the convention to assemble in ^ °'"'™ '°°
May, one thousand seven hundred and ninety, at Columbia, for the pur-
pose of considering and forming a constitution or form of government for
this State, and all persons entitled to vote for the said members, shall enjoy
the same privileges as are enjoyed by the electors and members of the
General Assembly ; any law, usage, or custom, notwithstanding.
In the Senate House, the thirteenth day of March, in the year of our Lord one thousand
seven hundred and eighty-nine, and in the tliu-teenth year of the Independence of
the United States of Anierica.
D. DESAUSSURE, President of tlie Senate.
JACOB READ, Speaker of the House of Representatives.
AN ACT to enlarge the time for the Recording of ■Mortgages No. 1466.
A>D other Conveyances.
WHEREAS, by a clause of an Act of this State entitled "An Act
for establishing county courts, and for regulating the proceedings therein,"
passed on the seventeenth day of March, one thousand seven hundred and
eighty-five, it was enacted, " That no conveyance of lands, tenements, or
hereditaments within this State, shall pass, alter, or change from one person
or persons to another, any estate of inheritance in fee simple, or any estate Preamble,
for life or lives, nor shall any greater or higher estate be made, or take
effect in any person or persons, or any use thereof, to be made by bargain
or sale, lease and release, or other instrument, unless the same be made in
writing, signed, sealed, and recorded in the clerk's office of the county
where the land mentioned to be passed or granted shall lie, in manner
following: that is to say, if the person or persons who shall make and seal
such instrument of writing, shall be resident within the State at the time
of making, signing, and sealing the same, then the recording thereof shall
be within si.K months from the signing, sealing, and delivery ; and if the
person or persons so making, signing, and sealing, shall be resident in any
other of the United States at the time aforesaid, then the recording shall
be within twelve months ; and if without the limits of the United States,
then the recording shall be within two years ; and if any deed, or any
other conveyances, shall not be recorded within the respective times be-
fore mentioned, such deeds or other conveyances shall be legal and valid
only as to the parties themselves and their heirs, but shall be void and
incapable of barring the right of persons claiming as creditors, or under
subsequent purchases, recorded in the manner hereinbefore prescribed."
And wliereas, by reason that so material an alteration in the law of this
State with respect to mortgages and other conveyances of lands, being
concealed in the body of an Act which, from its title, expressly related only
128
STATUTES AT LARGE
A.D. 17S9. (^ {j^g «' Establishment of county '.ourts, and the rejrulation of the procecj-
'--^"^■''^^^ iiijrs therein," it lias so liappened tliat very few or no niortgaijees oi pur-
chasers have discovered the same, but have pennitled the aforesaid time
to elapse without recording their said mortgages or other conveyances,
whereby numbers of such mortgagees and purchasers, contrary to the just
intent and meaning of the said Act, may be utterly deprived of all benelit
from their said mortgages and other conveyances:
I. Be it therefore enacted, by tlie honor;'.ble the Senate and House of
Mortgnges and Representatives, now met and silting in (.Jeneral Assembly, and by the au-
eonveyances to jji^jj-jjy ^jj- jjjg same. Thai all such mortgages and other conveyances, as
by the said Act are required to be recorded in manner therein mentioned,
shall be held and deemed valid, and suflicient in law, any thing in the said
Act contained to tiie contrary thereof in any wise notwithstanding. Pro-
vided, nevertheless, that the same be recorded in the clerk's office of the
county, the secretary's office, or register of mesne conveyances of any dis-
trict where county courts are not established where such lands lie, within
twelve months from the passing of this Act.
In Uie Scnnlc House, thr tliirtccnth day of March, in the yec
poven hiuidrcd und eishty-nine, and in the thirteenth
the United States of Amcricn.
■ of our lAird one thousand
ear of tlic Independence of
D. DESAIISSURE, Prenident of the Senate.
JACOB READ, SjieaAer if the House of liepresentativex.
No. 1467. AN ACT to .\utiiori7.e the Auditor Genkr.\i. to receivk and audit
THE Cl.aims of the sevi:ual peiisuns iiERP..\preu recited.
WHEREAS, by an Act passed the eleventh day of March, one thou-
sand seven hundred and eighty-six, it was enacted that no account, cither
against the State or persons whose estates have been conliscaled, should
Preamble, be received by the auditor general after the expiration of three months
from the passing of the siiid Act. And whereas, John Carnc, Sylvester
Springer, \\'illiam Slone, Samuel Stone, Joshua Saxon, Peler Langdon,
John Peace, Andrew Frederick, Henjamin Lloyd, Jane Towles, (widow
of Oliver Towh's,) Mary Mazyck, (for claims against the estate of Moses
Kirklaml, iiniler confiscation,) have in their several j)elitions set forth that
the State is itidcbted to them in the several sums therein recitcid, for \no-
visions or services, and by a committee of the House of Representatives
have been examined and found just ;
I. Be it therefore enaeled, by the honorable the Senate and House of
Rrpealin!: an Representatives, now met and silting in (ieneral Assembly, and by the
act to a certain ^|,t|,f„.ity of the same, Thiit the above recited Act, passed the eleventh day of
Marcl), one thousantl seven hutidred and eighty-six, be so far rejiealed as
to admit the auditor to receive and audit the aforesaid demands of the said
John ('arne, Sylvester S|iiinger, \\'illi;mi Slone, Siitiiiifl Stone, .losliua
Saxon, Peler Langdon, .lohn Peace, Andrew Frederick, llenjainin Lloyd,
Jane Towles, (widow of Oliver 'i'owles,) and Mary Mazyck.
H. Be it further enacted by the iiulhority aforesaid. That the auditor
Power of the general shall have ])ower to send for persons, papers, and records, for tho
ftudiior general purpose of elucidating accounis.
OF SOUTH CAROLINA. 129
III. Br it fiirlhcr enacted by the authority aforesaid, That the iTovernor '^•"- ''^•^•
or Coramander-in-chiof for the lime being sliall iiave power to appoint a y^^^^^^^^^^^
sworn interpreter of foreign languages, for the purpose of translating such i,e sworn,
papers or accounts in foreign languages, as may be referred to him by the
officers of this State.
TV. Be it further enartedhy the authority aforesaid, That the treasurers _
be authorized and directed to grant special indents to Lewis Bottner for ,!"i''f,^t''"'ieda°
the interest on his indent of two hundred and eighty-two pounds, and all rmlents to
such accounts as may be passed agreeable to this law, from the first day Lewis Bottner.
of April one thousand seven hundred and eighty-three.
In the Senate House, the thirteenth day of March, in the ypnr of our Lord one thousand
seven hundred and eighty-nine, and in tlie tliirtecntli year of the Independence of the
United States of America.
D. DESAUSSURE, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
-4iV .4(77" for'^raistng Supplii'.s Fon the year op our Loud one No. 1468.
THOUSAND SEVEN HUNDRED AND EIGIITV-NINE.
WHEREAS, we, the representatives of the free and independent State
of South Carolina, in General Assembly met, have thought it expedient Preamble,
and necessary that a tax, fir the sums and in manner herein mentioned,
should be assessed, raised, and paid into the jjublic treasury of this State
for the use and service thereof;
L Be it therefore enacted, by the h(jnorable the Senate and the House
of Representatives of the State of Soutli Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the sum of seven Rate oftaxa-
shillings and six ponce ad valorem shall be, and is hereby, imposed on all """°''''""^^-
lands granted within this State, and in the manner and under the several reg-
ulations heteinafterset forth and expressed, that is to say: 1. All tide swamp
not generally affected by the salts or freshes, of the first quality, shall stand
rated at six pounds per acre ; of the second quality, four pounds per acre;
of the third quality, two pounds per acre ; all pine barren lands adjoining
such swamps, or contiguous thereto, with respect to the benefit of water
carriage, at ten shillings per acre ; all prime inland swamp, cultivated and
uncultivated, at an average of three pounds per acre ; second quality,
ditto, two pounds per acre; third quality, ditto, one pound per acre ; pine
barren lands, adjoining or contiguous thereto, at five shillings per acre ;
salt marsh or inland swamp, clearly proved to the assessors to be incapable
of immediate cultivation, five shillings per acre. 2. High river swamp, or low
grounds, cultivated and uncultivated, including such as are commonly called
second low ground, lying above the flowing of the tides, and as high up
the country as Snow Hill, on Savannah river, the fork of Broad and Saluda
livers, on the Congarees, Graves's Ford on the Wateree, and the boundary
line on Pedee ; the first quality at three pounds per acre ; the second
quality at two pounds per acre ; the third quality one pound per acre ;
except such as lie so low as to be clearly proved to the assessors to be in-
capable of immediate cultivation, which shall be assessed at five shillings
per acre. 3. All high river swamp, or low grounds, lying above Snow Hill,
VOL. v.— 17.
130 STATUTES AT LARGE
A.I). I7aii. the fork of l?rci!i<l ami Saluda rivers, Ciraves's Ford, and the old Indian
^-^"^''"^^ boundary' lini-, Hflecn slnllings per acre. 4. All hi;;!) lands without llic limits
of St. i'liilip's and St. .Micliael'.s parishes, on John's island, James island,
and OM the main, within twenty miles of Charleston, at one pound per acre.
a. All lands on the Sea islands, Slunn's island included, orlyiiiffon or con-
tiguous to the seashore, usually cultivated, or capable of cultivation, in
corn or indiijo, and not within the limits prescribed in class number four,
one pound per acre. G. All oak and hickory high lands lyini; below
Snow Hill, the fork of Broad and Saluda rivei-s, Graves's Ford, or the
boundary line on Pedee, and not included in the limits or descrijition of
the two precediiiiif classes, numbers four and Hvc, at fifteen sliillinjjs per
acre. 7. All pine barren lands not included in classes inimber one, four,
and five, to be assessed at one shilling ])er acre. S. All oak and hickory
high lands lying above Snow Hill, the fork of Broad and Saluda rivers,
and Graves's Ford, the fii-st tjuality, eight shillings per acre ; the second
quality, five shillings per acre ; the third quality, two shillings per acre. 9.
All oak and hickory high lands above the old Indian boundary line, the first
quality, six shillings per acre ; the second quality, three shillings per acre ;
the third quality, one shilling per acre. That all lands within the parishes
of St. Philip and St. Michael shall be assessed in the same manner and
upon the same principles as houses and lots in Charleston, and in a rela-
tive proportion to the lands in the country.
II. A/iil he it further enacted l)y the authority aforesaid. That the sum of
Rate of taxing tl'i'i^e shillings and six pence shall be levied on all slaves; three shillings
ilaves, &c. and six pence per head on all fire negroes, mulattoes, and mustizoes, be-
tween the ago of sixteen and fifty years; three shillings and six pence on
every wheel of all carriages ; carts, wagons, and drays excepted ; two shil-
lings and six pence per centum on every hundred pounds value of all lots
and buildings within any city, village, or borough, and on every hundred
pounds of stock in trade, facloraye, employments, faculties and professions,
(clergymen, schoolmasters and schoolmistresses excepted) — to be ascer-
tained and rated by the several assessors and collectors hereinafter named,
according to the best of their knowledge and information ; to be paid in
specie, or ]>aper medium of this State.
III. And he it further endrted by the authority aforesaid, That all negroes
Slaves employ- who are employed on any lands leased by any pei-son or persons of the
cd 00 ludian Catawba Indians, shall be, and they are hereby, made liable to the pay-
"" ment of this tax, and of all other taxes which have been heretofore laid
in any former tax Act.
IV. Whereas, the funds due to the State for taxes and debts due in
special indents will call for all the special indents that can be issued, for
payment of interest on the domestic debt of this State, that will become
duo up to the first day of A|>ril, one thousand seven hundred and eighty-
Spfcialindcnin nine ; Be it there fire rwrt<V((/ by the authority afori'said, That the special
tci be rrccivcd indents issued in iiavincnt of interest uii to the first dav of .April, one
in pnyinent of , , , i* i , • , • i ,, , • *i • . r
taxes. thousand seven hundred ami eighty-mne, shall lie received in payment ot
taxes which have or may become due in conse(|uence of the several tax
Acts passed for the years one thousand seven hundred and eighty-four, one
thousand seven humlred and eit;hty-five, one thousand seven hutidred and
eitrhlv-six, one thousan<l seven hundri'd ami eit;hty-seven, and one thousand
seven hundi'<;d and eighty-eight, and in payment of all debts due the pub-
lic, payable in special indeiiLs.
V. And hr it further cnttrted. That the enquirers, a-ssessore and collec-
Cofuponation ,^,., appointed by law, shall, for their services in the diKchargo of their
duties, receive, on clowiig their accounts with the commissioners of
OF SOUTH CAROLINA. 131
the treasury, four per centum, except for the parishes of St. Philip and St. A. D. 1789.
Michael in Charleston, who shall receive two per centum, on the amount of ^-^"^''"■»*-^
the taxes by them collected, to be allowed and paid to the several collec-
tors aforesaid.
VI. And be it further enacted, That no member of the Legislature,
while he continues such, shall be a tax collector.
VII. And be it further enacted by the aiithority aforesaid, That the
enquirers, assessors and collectors appointed by law shall begin their en-Rp(„rn3of
quiry on the first day of October ne.xt ; and that where all the collectors former taxes
that were appointed for any parish or county are dead, and the tax '" '"' "'»'''=•
returns not closed vnth the treasurers, the ensuing collector be directed,
and he is hereby directed and ordered, to demand receipts, or to admin-
ister an oath, or to procure other satisfactory proofs from the persons of
the county or parish, that he or they have paid their taxes for the preceding
years, in order to discover the taxes still due, and to enable the public to
ascertain what sums of money are due by the estates of the deceased col-
lector ; and should the executor or administrator of the deceased collec-
tor refuse to produce the accounts of the deceased, or give information on
the subject, the commissioners of the treasury are hereby ordered to put
the law in force against the estates of the deceased collectors.
VIII. And be it farther enacted. Assessors and collectors appointed by
law shall do and perform all and singular the duties appertaining to their Duiv of the
office, as described in an Act entitled " An Act for declaring the powers "-fj'*^"'^'* """^
and duties of the enquirers, assessors and collectors of the taxes, and other
persons concerned.therein."
IX. And be it further enacted. That the commissioners of the treasury
are hereby directed to furnish copies of this Act to each of the asses.sorsT''®'?^"'^''^."'
and collectors by law appointed, throughout this State, within three Jf"i,'fs ^°J"^' .
months after the passing of this Act, and their reasonable expenses incur-
red thereby shall be reimbursed.
X. And be it further enacted by the authority aforesaid, That all and
every persons whosoever, any ways liable to pay the tax hereby imposed. Time of pay-
shall pay in their taxes to the assessors and collectors appointed to receive '°^"' °^ taxes,
the same, on or before the first day of February one thousand seven hun-
dred and ninety ; and that the assessors and collectors appointed by
law shall pay in the same, and settle their accounts with the treasury, on or
before the first day of April, one thousand seven hundred and ninety ; any
law, usage or custom to the contrary notwithstanding.
ESTIMATE
Of suj>2^lies wanted for the support of Government, for the year one thousand
seven hundred and eighty-nine, viz.
Expenses of the Members of the Legislature, .... X50OO 00 OO
His Excellency the Governor's salary, - . - . . 90O GO 00
[That for the present year it is only necessary to provide for three Judges of the
General Sessions and Common Pleas, as one of the Judges is elected a mem-
ber in the Congress of the United States]
Three Judges of the General Sessions and Common Pleas, at £300 each, - 1500 00 00
Attorney General, - - - . . . OQO 00 00
Secretary to the Governor and Clerk to the Privy Council, - - - 150 00 00
Auditor of pubUc accounts, ---... ."57,1 oO 00
His clerk, - - - . - - - 140 00 00
Two Commissioners of the Treasury, - . . . . 571 08 08
Their clerks, • - - . . - 400 00 00
132 STATUTES AT LARGE
A. D. 17H9. Clerk of t)ic Senate, - - - - . ■ 287 00 00
^-^""^"^^^ Clerk of (he House of Represenlotives, - - - 287 00 0
Two niessengere, one lo earh liouse, at XTO each, - - - 140 00 00
Two doorkeepers, ditto, at fifty pounds each, • - - - 100 00 00
Powder Inspector and Arsenal keeper, . - - . 100 00 00
Three Judsres of the Court of Chancery, at jESOO each, - - - 1500 00 00
Collector of the Customs for the Tort ofCharleston, at the rate of jC^OO per annum,
until the duties are taken out of the hands of ihe Slate by the Congress of the
I'nited States.
Collectors of the Customs for the ports of Georgetown and Beaufort, at the rate of
XlOO per annum each, until the duties are taken out of the bauds of the
State by the Congress of the L iiited States.
Searcher of the customs for the port of Charlesl'm, at the role of JC150 per annum,
until the duties are taken out of the hands of the State by the Congress of the
I'nited .Stales.
Two Waiters of the customs for the port of Charleston, at the rale of JCIOO per
annum, each, until the duties are taken out of the hands of the Slate by the
Congress of the I'nited States.
Waiter of the customs for the port of (Jeorgelown, at the rale of £30 per annum,
until the duties are taken out of the hands of the State by the Congress of the
I'nited States.
Waiter of the customs for the port of Beaufort, at the rote of i.'20 per annum, until
the duties are taken out of the hands of the State by the Congressofthe United
States.
INCIDENTAL CHARGES, VIZ.
Printer's bill, - - - - - - ■ 300 00 00
For the transient poor, ...... looo 00 00
Pensions, Annuities, and arrears of Annuities, .... 2500 00 00
Contingent fund, to remain subject to the Governor's drafts, - 1500 00 00
To the foreign debt, ...... I5i)0ll 00 00
For the payment of Resolutions of the General Assembly, - - 1632 IH ilj
For the mainienuncc of the post at Fort Johnston, - - . 2fiO 00 (Hi
His Excellency the Governor, for Indian affairs, agreeably to the Resolution of Con-
gress, 1333 dollars and one thirdof adollar, in addition tc the 2000 dollars granted
the last year.
In the Senate House, the thirteenth day of March, in the year of our Lord one thuusaml
seven hundred and eiglitv-ninc, and in the thirteenth year of the Independence
of t)io United .States of America.
1). DESAUSSURE, Prcsldmt if the Sauitr.
JACOB READ, Speaker of the IIoiixc uf liejinscntatircs.
N(i. 1 1(')0. AN ORDINANCE for the 5.\i.f. of si;ni)rv I^anps hei.ongino to
TIIK Plini.lC, AND Foil APPOINTI.NG CoMMIS.xlONKItS TO PUIICIIASE OTIIEII
JyANUS FOR THE I'URFOSI-: OF ICHKCTINO StOHK IIoUSKS, AM> IIAVI.VU
Tobacco inspecteh in or near Charleston.
WHEREAS, (livers laiuls wlicioon tlio forts niid fortifications were
erected, ami sundry low water and otlier lots, wliitli had been sold liy vir-
tue of an Ordinance passed the sixth day of MaJch, in the year of our
Lord one thousand seven hundred and eighty-four, have been re-vestcd in
OF SOUTH CAROLINA. 133
the public by reason of tlie purchasers not having complied with the terms A. D. 1789.
on which the same were sold. And whereas, the commerce of this State ^'^'"■'"^•^
will be advanced by giving encouragement to the culture of tobacco;
I. Be it therefore ordained, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the Persons ap-
authority of the same. That Josiah Smith, Edward Lightwood, Richard P""'":-'! '<> P."""-
Lushington, Daniel Stevens, Esqiures, and William Turpen, be, and they pu[,iic use.
are hereby, authorized and empowered to purchase one acre and a half of
such land as shall be fit and, answerable for the purpose of erecting a ware-
house or warehouses for the reception and mspettion of tobacco, which
said land shall be and continue forever for the sole use of inspection and
storing of tobacco.
H. And be it farther ordained by the authority aforesaid, That the
said commissioners be, and they are hereby, authorized and required to I'urj^hasers of
expose to public sale, on a credit of three years, to be paid for, with the j,n,.j ^ credit
interest thereon annually, in specie or paper medium, so much of the of three years,
public lands whereon the several forts and fortifications were erected, and
the low water and other lots within the city, as shall be sufficient to pay for
the purchase of the said one and a half acre of land hereby directed to be
bought; and the remainder of the said lands shall be sold by the said
commissioners for general indents, payable in one, two, and three years,
with interest thereon ; any law to the contrary notwithstanding.
HI. And be it further ordained by the authority aforesaid, That the
purchaser or purchasers shall give bonds and a mortgage of the premises. Purchasers to
with sufficient security for the said purchases, to the said commissioners, in?ive bond to
trust for the purposes by this Ordinance intended, which bonds shall be ^j'^jj^""'""^'
lodged in the Treasury of the State ; and the commissioners of the trea-
sury are hereby authorized and required to pay to the persons from whom
the purchase of the said land shall be made, the amount of the said
bonds, so to be taken for the payment of the said land, or assign the same, if
required, to the person or persons from whom the said land shall be pur-
chased as aforesaid.
IV. And be it further ordained by the authority aforesaid. That upon
the heirs or legal representatives of John Scott, late of Charleston, de- j*"!'^ ^'^''" """^
ceased, giving up and conveying to the said commissioners in trust for, and
to be sold for the use of, this State, so much of the low water lot adjoin-
ing Craven's bastion, at the north end of the bay of Charleston, eastward
of the said bastion, and running in a line with the said bastion, as will
make the public lands to the channel of the river of an equal width from
the bay to the channel of the river, the said heiis or legal representatives,
and the estate of the said John Scott, shall be, and they are hereby, ex-
onerated from the purchase of the said bastion, made from the public by
the said John Scott, in his lifetime, and all interest thereon ; any law to
the contrary notwithstanding.
V. And be it further ordained by the authority aforesaid. That the
commissioners, previous to selling the land taken back from the heirs of Commissioners
John Scott, shall lay out so much land as will continue East Bay street £1^3(3'"
sixty-six feet wide, until it shall intersect the intended canal north of Cra- street
yen's bastion.
VI. And be it further ordained by the authority aforesaid. That the
lands on East Bay street, continued from Mr. Sommer's lot to Ashley river, [^*^be"'"(,ij"''°
shall be resold, subject to the former and all future assessments for making
and completing the said street.
VII. And be it further ordnincd by the authority aforesaid. That the
131
STATUTES AT LARGE
A.D. ^~ffJ. g^ij commissioners shall respectively be allowed and paid out of the mo-
^-^^^'"^^ neys arising on the sales of the said public lands, all their reasonable ex-
penses incurred in consequence of the several powers and authorities
hereby vested in them.
In the Senate House, the tliirtccnlh day of March, in ilic year uf our I^ord one tliousand
seven hundred and eighty-nine, and in the thirteenth year of tiie Independence oj-
Ihc United .States of America.
D. DESAUSSURE, P resilient of the Senate.
JACOB READ, Speaker of the House of Repreicntatives.
No. 1470. - AN ACT for builJinK a Bridge across Ashley River.
(Passed March 13, 17S9. See last volume.)
No. 1471. .-liV ACT FOK Naturalizing Richard Wraincii, Patrick Bvrnf.,
Edward Buti.er, Geohgk Harding, Andrew Smith, Paul Smith,
James Burgess, John Fit/.patrick, John Hartley Harris, and
Jambs Down, and their descendants.
Citixenphip
(.'ranted to cer.
tain persons.
WHEREAS, Richard Wrainch, Patrick Byrne, Edward Butler,
George Hardint;, Andrew Sniiili, Paul Smilli, .lames Hurcess, John Fitz-
patrick, .lohn Hartley Harris, and .lames Down, have, by their respective
petitions to the Legislature, iiuinbly prayed that they and their descend-
ants res])eclively may be partakers of all the rights, privileges and immu-
nities which the natural boni citizens of the State of South Carolina do
enjoy ;
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General As.sembly, and by the
authority of the same, That the said llichard W'raiiirh. Patrick Byrne,
Edward Butler, tleorge Harding, Andrew Smith, Paul Smith, James Bur-
gess, .lohn Fitzpatrick, John Hartley Han is, and .lames Down, on taking
and sub.-icribing the oaths of allegiance and abjuralion, befoie any one of
tlie judges t»f the court of conmion pleas of this Slate, they and their de-
scendants respectively shall be deemed, adjudged, and taken to bo natural
born Citizens of this State, to all intents, constructions, and juirposes, as if
they had been or were born wilhin the same. Provided always, that
none of the above mentioned persons, or either of them, shall be eligible
to the oflicc of Governor, Lieutenant (Jovenior, delegate to CoiigrosB,
Intendant of the city of t'harleston, member of the City Council, or to the
oflice of justice of the ])eace, nor to a seat in the Privy Council, or either
branch of tlio Legislature, for and during the term of four years fiom and
OF SOUTH CAROLINA.
after the passing of this Act, subject, nevertheless, to such regulations
within that period as shall be established by the Federal Government.
In the Senate House, the thirteenth day of March, in the year of our Lord one thousand
seven hundred and eighty -nine, and in the thirteentli year of the Independence of
tlie United States of America.
D. DESAUSSURE, President of the Senate.
JACOB READ, Speal'cr of the House of Representatives.
AN ORDINANCE for Funding, and ultimately discharging, thk No. 1472.
Foreign Debt oi- this Statk.
WHEREAS, it is essential to the honor and credit of this State that
funds should be forthwith provided for the discharge of the foreign debt ;
I. Be it therefore ordained, by the honorable the Senate and House of
Repiesentatives, now met and sitting in General Assembly, and by the
authority of the same. That the following funds shall be, and the same are Sums pledged
hereby, solemnly pledged for the payment of the foreign debt; that is to[.°^[,';';^'j^ljj_
say, the sura of ten thousand pounds out of the moneys to be collected on
the first day of the month of April, in the year of our Lord one thousand
seven hundred and ninety, by virtue of the tax Act passed at the present
session. Also the interest which shall annually grow due on the paper
medium. Also the balances which are due, and shall become due, on bonds
which were given for confiscated estates, and which are payable in specie.
Also, all sums due, or to become due, for amercements, payable in specie.
Also, the balances of all the bonds which were given for general duties,
and which are payable by instalments. And also all bonds for duties that
became due prior to the first day of .January, in the year of our Lord one
thousand seven hundred and eighty-eight, and that are not installed.
n. And be it further ordained, by the authority aforesaid. That a tax
of one-fourth of a dollar per head per annum, is hereby imposed on all J"" "" """
negroes, mustizoes, and niulattoes, and the assessors and collectors for the fain period,
time being aie hereby authorized and required to assess and collect the
same annually, for the term of ten years, lieginning. from the month of
February, in the year of our Lord one thousand seven hundred and ninety-
one, and the moneys to arise therefrom shall be paid into the treasury
separate and apart from 'any money which shall be collected for defraying
the annual expenses of Government. And the commissioners of the trea-
sury are hereby required to keep distinct accounts of all moneys which
shall be paid to them as aforesaid, and apply the same to the payment of
the foreign debt only.
HL And be it further ordained by the authority aforesaid. That the
auditor be, and is hereby, directed and empowered to settle, balance, and Auditor to set-
credit the account of each foreign creditor respectively, who, either in po„,i,g pf jj,.
person or by attorney duly authorized for such purpose, shall signify his reign creditors,
acceptance of the provision made by this ordinance, in lieu of a precise
fulfilment of the stipulations heretofore entered into with the agent of the
State ; and that upon the sum total that shall be so found due thereon,
interest shall be annually paid as aforesaid.
13C OF SOUTH CAROLINA.
A.U.17S9. IV. Ami he it fartlur ordained by the autliority aforesaij, Thai the
^-^""""^^ commissioners of the treasury be, and they arc hereby, directed to open
Commissioner.'! an account in the books of the treasury, and therein enter to the credit
ofthetrousiiry ^f f),p (oreinrn creditors respectively, all such sums of money as shall ap-
10 keel* a fair .^ i ,» iini'i •
record of ilic pear to be due to them, and the sum so entered shall be and remain a
sums due to lo- transferable stock, subject to the regulations hereinafter mentioned; that
reign creditors, j^ j^ say, the commissioners of tlie treasury having made a fair record,
as aforesaid, the sum thus recorded shall be and remain the property of
the respective creditors, and shall in no wise be transferred or become the
property of any other person whatever, e.vcept only by the act of the said
creditors respectively, appearing in their proper persons at the treasury,
and signing an order for such transfer, or by their special power of attor-
ney authorizing a pei-son to appear in their name and make such transfer
on their account, and in such case the sum tlius transferred by each or
either of the said methods, shall, by virtue lliereof, become the sole, free,
and full pnjperty of the persons in whose name it is so recorded, to all
intents and purjioses whatsoever.
V. And be it further ordained by the authority aforesaid. That the com-
missioners of the treasury shall give to the person or persons to whose
credit the said demand shall be entered, a certificate for his said debt or
debts, in the words following:
" Treasury of tlie State of South Carolina : day of . In pur-
Form of the suance of an Ordinance of the Legislature of South Carolina, passed the
eertiiicate to be jj,y ^f ^ „,g Jo hereby certify and declare, that there is due by
commissioners, the State of South Carolina to A B, the sum of , sterling money of
this State, in specie, redeemai)le in the cities of I'aris or Amsterdam, as
the case may be, bearing interest, ])ayable at the treasury of tlii.< .'^late
yearly, at seven per centum per annum, from the day of , in the
year , which debt is didy recorded in the books of the treasury, and
transferrable there only according to the rules and terms expressed in the
said Ordinance."
Provided, nevertheless, that the said certificate shall in no case be issued
until the bonds or indents which liave already been given for the said debts
respectively shall be delivered up to the commissioners of the treasury, or
to some person or persons duly authorized by the Governor or Commander-
in-chief for the time being, to receive the same.
VI. And lie it further ordained hy the authority nforesaid, That no part
Interest lo be f,f t],e capital of the foreign debt bi; paid out of any nionevs hereby ap-
pnid before the • . ', r- • i ■■ n- . i c .' r i . .1 .•
principal. propriated as atoresaid, until a sulhcient sum be hist ap|)lied to the extin-
guishment of the interest.
Vn. And he it further ordained. That no dividend fiir tlie reimbiirscnient
Manner of of the capital of the foreign debt shall be made except annually, and Mib-
Jj"^'"S """iign geqiiyiit i„ tl„. yearly discharge of the interest, and such dividend shall be
rendered only in exact ])roportion to the relative amount of the cajiital
owned by each creditor n.-sjieclivley, so that equal justice may be extended
to all the foreign creditors of this State.
In the Senate House, lliiH tliirlcenth day of Miirrh, in ihr yeiir uf our t.onl one thou-
«und seven hundred and eighty-nine, and in tlie lliirteeiith year of the Independeiico
of the United Slates of Ainericn.
D. DESAUSSURE, Presidrnt 0/ the Senate.
JACOB READ, Speaker of the House of Representatives.
i.)l' SUUTII CAROMNA.
A-\ ACT CDNCKMKIXIl llsTUAVS. No. 1473.
I. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same. That it shall and may be lawful for any freeholder, by himself
or his agent, to take up any estray which shall be found within his inclosed ^,^y takeup'^'^
grounds; and, having so done, shall, withm three days, advertise theestraj's.
same at three or more public places, and shall, within ten days, give
information thereof to some justice of the peace for the county, who shall
thereupon issue his warrant to three disinterested persons of the vicinage,
and for which he shall receive three shillings, commanding them, having
been first duly sworn thereto, well and truly to appraise or ascertain the
value of such estray, and to certify such valuation under their hands, to-
gether with the particular description t)f the kind, marks, brand, stature,
colour, and age ; which certificate shall be sent to the clerk of the county,
within ten days, and by such clerk shall he entered in a book to be kept
for that purpose ; and at the next court to be hold thereafter such clerk
shall cause a copy of eveiy such certificate to be puV)licly affixed to the
door of his court house, and continue the same on three several courts after
he shall have received such certificate ; for which services, and a certificate
thereof, three sliillings and six pence shall be paid by the owner, or, in case
of sale, out of the amount of the sales. If the valuation shall be under
twenty pounds, and no owner shall appear before the adjournment of the To be apnrais-
third court held at the court house wherein the description of the said
estray hath been published, then the said court, by their order, shall cause
the said estray to be publicly sold at auction, on a credit of six months,
the purchaser giving bond to the clerk, with security, to be by them ap-
proved. Where the valuation shall exceed twenty pounds, after publica-
tion as aforesaid the taker up shall send to the printer of the State Gazette
a true copy of the certificate of the description and appraisement, together
with notice where the said estray is to be found, within one month from the
time of such appraisement; and the State printer shall advertise the same
three times in the State Gazette, and shall receive five shillings for each
estray so advertised ; and if no owner shall appear and make title thereto,
within SIX calendar months from the date of the first publication, then such
estray shall be sold in manner as above directed.
II. And he it further enacted by the authority aforesaid. That where
there are no county courts established, the magistrates in the several How justices
parishes shall be, and they are hereby, empowered and directed, where ^^l"p^J','l'i'^i.g ^^g
estrays are taken up, to enter the certificates of valuation, to be obtained as no county
above directed, in a book to be kept by tbem for that purpose, and shall, oourts
without discrimination with respect to value, publicly advertise the same
at three or more public places in the parish, and also three times in the
State Gazette, as above directed, the expense of which advertisement shall,
in \\\e. first instance, be paid by the taker up of such estray ; and if no
owner shall appear and make title to such estray, within six calendar
months from the date of the first publication in the State Gazette as afore-
said, tlien such estray shall be publicly sold at auction, on a credit of six
months, the purchaser giving bond to the magistrate, with security, to be
by him approved of
III. And be it enacted by the authority aforesaid. That if any owner
shall appear and prove his or her claim to any estray which may have been
VOL. v.— IS.
13S
STATUTES AT LAKCIE
Pniceediutrs if
owner shuH
appear.
nj>propriii[C(l.
IIoiv persons
taking up os-
travs shall be
cuiiipeiisutod.
Bonds given for
purchase of e«-
Irays reeovera-
bU: witliout
imparlance.
Stone horses
nut to run at
large.
Penalty on
neglect.
Former Act
repealed.
.suki a3 alicive, wiiliiu twclvo calfiular nidiillis fioiii tlie date of such sale, he
or she shall be eiititlctl and liave a ri<jht to ivcoivc IVom llie court or magis-
trate, as tlie case tnay he, after payment of all the reasonable expenses,
the full amount of the monies arising from such sale ; but if no owner
shall appear and lay claim within the said terra of twelve calendar montlw
from the date of the sale as aforesaid, then and in that case the said monies
shall, where there are county courts, be a|)plied to the use of the county,
and where' there are no county courts the money shall be paid by the
niaEjistrate to the commissioners of the public roads, and be applied to-
wards the building or repairs of the public bridges, in such parishet, or
counties where there are bridges, and where there are no bridges to be built
or requiring repair, to the use of the public roads within the parish where
sucli estrays shall have been taken up and sold.
IV. Ami be it furllir.r ciidctvil by the authority aforesaid. That as a com-
pensation for keeping and maintaining estrays until the time of sale, it shall
and may be lawful for the taker u]), at his option, either to j)ut ihcni to
moderate labour or use, if they should be of a kind capable theicof, or to
demand and receive therefor such a reasonable allowance as the court or
magistrate shall judge adequate. Provided always, that when any estray
shall have been |)ut to labour or use, the taker up shall be obliged to
produce it at the time of sale, unavoidable accidents excepted, in as good
order and condition as it was in when appraised.
V. And he it furlhcT enacted by the authority aforesaid. That if any
purchaser of any estray shall neglect or refuse to discharge his or her
bonds given for the purchase money, at the time it shall become due, the
same shall be recoverable, without imparlance or delay, a£ the first court of
the county which shall be held thereafter, where there are county courts
established ; and where there are no county courts, the magistrate shall,
v^here the sum does not exceed the extent of his jurisdiction, levy for the
same by his warrant ; but where the sum shall exceed the jurisdiction of the
magistrate, it shall be recoverable in the first court of the district which
shall be held thereafter, wherein no imjiarlancc shall be allowed.
VI. And. he it further enacted by the authority aforesaid. That if any
per.son shall wilfully suficr any stone horse, above the age of twenty
months, to run at large in the woods, it shall be lawful for any person to
catch and geld such horse, and shall have a right to recover from the
owner thereof ten shillings for so doing ; any law to the contrary not-
withstanding.
VII. And he it further enacted by the authority aforesaid, That if any
magistrate or clerk of the county, or person taking U]) any estray, shall
refuse or neglect lo ))erforin the duties prescribeil by this Act, each ami
every of them shall forfeit and pay the sum of five pounds, to bo recovcreil
and applied to the use of any person who shall inform and sue for the same,
and shall moreover be liable in damages to the party aggrieved.
VIII. And he it further enacted by the authority aforesaid, That the
constable or other ])erson who may be directed in- obliged to sciTe any
process issued in pursuance of the directions contained in this .Act, shall be
entitled to receive the same fees as arc by law allowed for the service of
process of a similar nature, issued in other cases by the magistrates of this
tJtate.
IX. And he it farther enacted by the authority aforesaiil, That llu^ Acl
pas.sed the twenty-seventh day of Alnrch, one thousand seven hundred and
eighty-seven, entitled " An Acl concerning Estrays," and every clause.
OF SOUTH CAROLINA. 13
matter and thing therein contained, shall be, and the same is hereby, A. D. 1789.
repealed. ^s-^^v-^.^
In Jhc Sennto House, tlio tlurteentli Jiiy of Miircli, in tlu^ vear oldurl.onl one tlioiisiiiid
seven hundred and eigluy-nine, and in the tliiiteenth vcur of the ludopenrleileB
of tlie United States of America.
D. DESAUSSURE, President of the Seiuite.
JACOB READ, Speaker of the Huuse of llejircseidath'cs.
AN ACT for irranting to the Circuit Courts coniplelo, original, and tinal No. 1174.
jtirisdiction, and for regulating the same.
(Passed March 13, 1789. See last volume.)
AN ACT TO pri:vi;nt the Stealing of Houses, Asses, A^D Mulks; No. 1475.
AND FOR THE MOKE EFFECTUAL PREVENTION OP STKALfNG BLACK OR
NEAT Cattle, Sheep, Goats, and Hogs; and for the punishment
OF those pkrsons who shall unlawfully mark, brand, or kill
the same ; AND FOR REPl:ALING THE AcTS RML.ITIVE TO THE SAME,
passed February 17, 1704-5, April 12, 17C8, and March 26,
1784.
I. Be it enacted by the honoiable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority ^^..^jlj to ner-
of the same. That from and immediately after the passing of this Act, all sons stenhng
and every person or persons who shall be indicted and found gtiilty of'""''*'''*''*"''
stealing any horse, mare, gelding, colt, filley, mule, or ass, shall be adjudged
and deemed guilty of felony, and shall suffer death without benefit of
clergy.
II. And be it further ciiaetedhy the authority aforesaid, Tiiat any person
or persons who shall be lawfully convicteil of stealing any bull, cow, ox, I'enalty on
steer, or calf, shall be subject to a fine or penalty of ten pounds sterling Pj^''*™j^|''^[."
for each and every bull, cow, ox, steer, or calf, for stealing of which he or
they may be convicted as aforesaid ; and in case any such ofibnder or
offenders shall not be able to pay such tine or penalty, he, she, or they, in-
stead of such fine or penalty, shall be subject to be publicly whipped, and
personally receive a number of lashes or stripes, not exceeding thirty-nine
stripes or lashes, on the bare back ; and if any of the said offenders shall, at
any time afterwards, commit or repeat the like offence, he, she, or they,
on conviction thereof, shall be subject to be publicly whipped, and severally
receive a number of lashes or stripes, not exceeding fifty stripes or lashes,
on the bare back.
III. Artd he it further enacted by the authority afi)resaid. That if any per-
son or persons shall be lawfully convicted of wilfully and knowingly mark- Penalty for
ing, branding, or disfiguring of any horse, mare, gelding, colt, filley, ass, ''''*.''*^'!''"S
mule, bull, cow, steer, ox, or calf, of or belonging to any other person.
140 STATUTES AT r.ARGR
A. I>.I7R^. the said offender or offenders shall, for each and every horse, mare, geldine,
^-^■"^''"^'^ colt, filluy, ass, mule, bull, cow, steer, ox, or calf, ot" which he-, she, or lliey
shall or iii;iy he convicted of hraiidinjj or disfitjuriuif as al'orc.-aid, sliall be
subject to the peiiahy of twuuty jxjunds, and on non-])aynu'nt thereof, he,
she, or they shall be publicly whipped, and severally receive a number of
stripesorlashes, not exceed intr thirty-nine stripes or lashes, on ibe bare buck;
and in case any of the said ott'enders shall afterwards repeat or commit a like
offence, hs, she, or thty, on conviction thereof, shall be liable to the penally
or fine of forty ])ounds for each and every horse, niare, gelilinsj, colt, lilley,
ass, mule, bull, cow, steer, ox, or calf, by him, her, or them killed, branded,
or disfigured, and of which he, she, or ihey shall be convicted as aforesaid ;
and in case of non-payment of the said penalty or fine, he, she, or they
shall be publicly whip])ed, and severally receive a luimber of lashes or
stripes, not exceeding fifty stripes or lashes, on the bare back.
IV. Aitd he it further enactud by the authority aforesaid. That if any
Penalty for pei-sou or persons shall be indicted and found guiUy of stealing any sheeji,
htigs"&c^ ^*''' goats, or hogs, he, she, or they shall be subject to a fine or ))enally of five
pounds sterling tor each and every .sheep, goat, or hog, for stealing of
which he, she, or they may be convicted as aforesaid ; and in case any
Buch offender or offenders shall not be able to pay such line or jienalty,
he, she, or they, instead of such line or penalty, shall be subject to be pub-
licly whipped, and severally receive a number of lashes or stripes, not ex-
ceeding thirty-nine stripes or lashes, on the bare back ; and if any of the
said offenders shall, at any time afterwards, commit or rejieat the like
offence, he, she, or they, on conviction thereof", shall be subject to be pub-
licly whij)ped, and severally receive a number of lashes or stripes, not
exceeding fifty stiijjes or lashes, on the bare back.
V. Anil hr it furlliar r/i<icti'fl by the authority afinesaid, That if any
Penaltv for dis- person or persons shall be lawfully convicted of wilfiilly and know-
figiirinir slicep, ingly marking, branding, or disfiguring of any sheep, goat, or hog, of
°^% ■>=• or belonging to any other person, the said offender or oflenders shall,
for each and evciy sheep, goat, or hog, of which he, she, or they
shall or may be convicted of bnmding or disfiguring as afbresai<l, shall
be subject to the ])enally of live jiounds ; and on non-payment thereof,
he, she, or they shall be publicly whi])ped, and .severally receive a nund)ei
of stripes or lashes, not exceeding thirty-nine stripes or la.^hes, on the
bare back ; and in case any of the said offenders shall afterwards repeal
or commit a like offence, he, she, or ihey, on conviction thereof, shall be
liable to the penalty or fine of ten pounds fiir each ami every sheep, goal,
or hog by him, her, or them killed, l>ri\nde<l, or disfigured, ami of which he.
she, or they shall be convicted as aforesaid ; and in case of non-payinenl of
the said penalty or fine, he, she, or they shall be publicly whipped, and
severally receive a number of lashes or stripes, not exceeding fifty stripes
or lashes, on the bare back.
VI. And he It further (7/rtc^:rf by the authority aforesaid. That it shall
SUk-. nni to "*'' ''" la"'ful hereafter for any .slave to iirand or mark any horse, mare,
bronil liny oni- gelding, Colt, lilley, ass, mule, bull, cow, steer, ox, calf", sheep, goat, or hog,
mal oxce|u by |,„t j,, (]„, presence anil by the direction of some white i)erson, under tlio
the direction of \ c \ ■ i • \ • i i i i • • i ,, i
a whitoncrsou. P^""")' "' being winppeil : provideil the same whipping shall not exceed
fifty lashes, by order of any one or more of the justices of the peace of
ihe county or parish befori; whom sucli oH'enre sliall be proved by the evi-
dence of any white person or slave.
VII. And he it further em/rted by the nnthoiity aforesaid. That all
witnesses who shall bo duly supo'iiaed or bound over in recognizance lo
OF SOUTH CAROLINA. Ul
attend and give evidence against all or any of the offondei's aforesaid, and A D. I?*).
do accordingly attend, shall be entitled to the same allowance or charges ''"^'"^^'^^^^
as witnesses attending trials in llie court of common pleas ; which said Pay of wit-
allowance and charges shall be defrayed and paid out of the ahove fines '"^^^'^s.
or penalties, and on defect thereof, out of any other fines or forfeitures that
may be in the hands of or received by the clerk of the court where such
offenders are tried.
VIII. And lie it fui titer enacted by the authority aforesaid. That an Act
entitled " An Act to prevent stealing of horses and neat cattle," passed Koimer acts
the seventeenth day of Fehruary, one thousand seven hundred and iour-Jjj "''??""
five, and an Act passed the twenty-sixth day of March, one thousand seven
hundred and eighty-four, entitled " An Act for leviving and amending an
Act entitled an Act to prevent the stealing horses and neat cattle, and for
the more effectual discovery and punishment of such persons as shall un-
lawfully mark, brand, or kill the same," passed the twelfth of April, one
thousand seven hundred and sixty-eight, be, and are hereby, together with
the said last mentioned Act, declared void and of none effect.
Ill tlie Senate House, the thirteenth day of March, in the year of our Lord one thou-
sand seven iiundred and eighty-nine, and in tlie thirteenth year of the Indepemienoe
of tlie United State.^ of America.
D. DESAUSSURE, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ORDINANCE to prolong the time of the sitting of the Court of No. 1476.
Common Pleas next November, at Cambridge, and to oblige Sheriffs
and Gaolers of the several counties where courts are held, to receive
any prisoners which may be committed to their charge.
(Passed January 20, 1790. See last volume.)
AN ORDINANCE for incorporating the Baptist Church on Home's No. 1477.
Creek, in Edgefield county, in the State of South Carolina.
(Passed January 20, 1790. See last volume.)
AN ACT TO .\UTH0RIZE THE SECRETARY OF THE StATE TO DELIVER TO No. 1478.
Robert Harris the Will op Simpson Harris.
WHEREAS, it hath been represented to the Legislature by Robert
Harris, of Harrisburgh, in the State of Pennsylvania, that a paper recorded Preamhie.
in the secretary's office, purporting to be the original will of Simpson
142 STATUTES AT LARGE
A.I). 17;iu. Harris, is a forgery, and that the witnesses and parties interested in de-
^■^'"^'^^^^ velopnig the same, leside without the limits ol" the State ;
1. Be it thinfrin- viwcUrl, l.y the honorable the Senate and House of
Will ol" Robert Representatives, now met and sittinjj in General Assembly, and by the au-
Hunia. thority of the same, That the secretary of the State be, and he is hereby,
authorized and ilirected to deliver to Robert Harris, of Harrisburgh, in
the State of Pennsylvania, the said paper puqiorting to be the original
will of Simpson Harris, after duly recording in his office a copy of the
same; he, the said Robert Harris, paying the customary fees of recording.
In the Senate House, the twciilietli day of January, in ihe year of our Lord one thousand
seven hundred and ninety, and in the fourteenth year of tlic Independence, ol
the United States of America.
D. DESAUSSURE, Premlcnt of the Senate.
JACOB READ, Speaker of the House (f Rrjircsentutives.
No. 1479. ■'Ij'V ordinance to a.mi;.nu .vmj cakky i.vto f.fkicct an Act enti-
Ti.RO "All Act to procure a Cenxus of the free white inhabitants of this
State;" AND I-OK ASCERTAINI.VC; THE TAXAHI.E PROPERTY IN THIS StATE.
WHEREAS, the Act entitled "An Act to procure a census of the
free white inhabitants of ihis Slate," ratified the 29th day of February,
Preamble. A. D. one thousand seven hundred and eighty-eij;lit, is defective and inad-
equate to the views and purposes thereof; to remedy which,
1. Be it ordaiiwil, by the honorable the Senate and House of Rcpre-
_ sentatives of the State of South Carolina, now met and sitting in General
mihtia omcers . , , , , , , - i* , rr<, i i* . .,■
to take the Assembly, and by the aulhonly ot the same, I liat the conimanding ofhccr
ccniiusoftbe of every regiment throughout this State, shall, within one month after the
""*■ passing of this Urdinance, issue out his orders lo the several captains or
other officers commanding companies of their respective regiments, reijuir-
ing them and each of them to take or cause to be taken an exact enumer-
ation of all the free white inhabitants of the said State, (other than and ex-
cepting aliens,) distinguishing sexes, and remarking the number of males
between the ages of sixteen and tifty, dwelling wiliiin llie circle of their
resjjcctive beats or companies, within one monlh from the lime such orders
shall be issued ; and everj' captain or other officer commanding any com-
pany, shall, for the above ])urpose, leipiire llii.- utli-ndance or assistance of
any subaltern officer, clerk, or sergeant, and all or any of them of liis
comj)any, as he may think proper, who shall give such attendance and
assistance.
\\. Be it also orihiiiied by the aiithorily aforesaid, Thsit each and eveiy
Heads of fami- householder or head of a family, male oi leniale, shall, within eight dav>
lies to Kivc an ^ftpi. notice and reiiuisilion had and made, deliver, or cause lo be delivercil,
aeruilnl • i .v ■ i • i
ofthuni. unto the i!aptaiii or oilier olluer appointed to rer»;ive Hie relmiis respec-
tively as aforesaid, an exact account or eniimeralion of all such free white
jier.sons as may coniiiose his or her iimiily, or live in his or her house,
ollici than and excepliliir aliens, disliiiguishing tlii-ir sexes and tiienlioii
ing ihe number of males between the ages of sixteen and lifty, as afore-
> said, and .sliall make oath that the account or enuineratiun by him or liei
so made, is just and true, cither before some justice of ]ieacc, or before
OF SOUTH CAROLINA. 143
the captain or other officer or clerk of the company appointed to receive A.I), iriui.
the respective retums, who is and shall be hereby empowered to admin- ^--"'"v->_/
ister the same.
III. Be it also ordained by the authority aforesaid, That the captains or
other officers commandinar companies, within fifteen days after the time pre- Ket"™s to be
., , ,. , . , ^ . s , T •' ■ r- I made on oath,
scribed for takmg and receivmg the accounts and enumerations ot the
householders oi heads of families in manner above directed, sliall re.spec-
tively return the same to the commanding officers of their respective regi-
ments, and shall make oath before some magistrate or justice of the peace,
that the returns so by them made respectively, are just and true, accord-
ing as the said retums and enumerations may have been taken by oi de-
livered unto them.
IV. Be it further ordained by the authority aforesaid, That the colonels
or other officers commanding regiments, shall respectively make out gen- Colonels to
eral returns from those made and delivered to them by their captains or jj|^^ "J^'j^'''^'""'^
other officers as aforesaid, and shall certify upon oath (such oath to be
made before some magistrate or justice of the peace) that the general re-
turns so by them made, are just and true, according to those made and
delivered unto them by their respective captains and other officers, and
shall deposite, or cause the same to be deposited, in the secretary's office
of this State, on or before the tenth day of May next.
- V. Be itfurtlicr ordained by the authority aforesaid, That every colonel
or other commanding officer who shall neglect or refuse to execute and P'^'^'lty on offi-
■discharge the duties prescribed and enjoined on him by this Act, shall be neMectinc to
liable to the penalty of one hundred pounds. And every captain or other ilothcir duty,
officer commanding a company, who shall neglect or refuse to execute and
discharge the duties prescribed and enjoined to him shall be liable to the
penalty of twenty pounds. And every subaltern, clerk, or sergeant, who
shall neglect or refuse to discharge the duty prescribed and enjoined to
him, shall be liable to the penalty often pounds. And every householder
or head of a family who shall, after due notice and requisition as aforesaid,
neglect or refuse to deliver an account and enumeration of his or her
family as above directed, shall be liable to the penalty of five pounds ; all
which several penalties shall be recoverable by action of debt, to be
brought by the county attorney, where county courts are established, and
by the attorney general, in the districts where no county courts are estab-
lished.
VI. And whereas, an exact knowledge of the taxable property of the
State is also necessary for ascertaining a just and adequate representation ; Treasurers
Be it therefore ordained by the authority aforesaid, That the commission- ^juoitor gcn-
/• I 1 / T "^ 1 1 11 111- eral to ascer-
«rs ot the treasury and the auditor general be, and they are hereby, di- tain the amount
rected, on or before the tenth of May next, to ascertain the taxable pro-oftaxabie pro-
perty within the different parishes, election districts, and counties of this S^(ate/"
State, from the tax ivturns to be procured as is hereafter directed, separa-
ting from each return the property that has been included therein, by any
person or persons I'esident in other parishes, districts, or counties, and
placing it to the particular account of each parish, district, or county in
■which such property may be actually situated ; distinguishing in columns
the value of lands, number of slaves, and other species of taxable pi-operty ;
and previous to their entering on the execution of the duty hereby en-
joined them, they shall take on oath before his Excellency the Governor of
the State, or the Commander-in-chief for the time being, for the diligent
and faithful execution thereof.
VI [. And to enable the said commissioners of the treasury and auditor
general to carry this part of the Ordinance into effect, Be it tliercfore
144 STATUTES AT LARGE
A.u. I,!iO. ordained by the authority afdivsau], That the CDmniissioners of the trea-
sury be, aud thoy are hereby, required to demand from the respective
Treasurers collectors of this State a just aud true account, to be rendered by the
to demand from fifteenth day of April next, on oath, of the taxable pionortv returned for
tlic collectors a .1 .11 1 1 i 1 ■ i ■" 1 • 1 • i
returuof taxes. "'^ J''^''"' "^"^ tliousand seven hundred and eighty-nine, within their and
each of their respective tax districs, together with a s|5ecification of the
parish, county, or district where the said property actually lies, as far as
the same can be by them ascertained ; and every collector who shall mrdve
default, shall be liable to the penalty of one hundred pounds, to be re-
covered in manner herein diiected.
In ibc Senate Hou.-'e, the iwenlietli day of January, in the year nfonr Lord one thousand
seven hundred and ninety, and in the foiirleenth year of the Independence of
the United Stales of America.
D. DESAUSSURE, President of the Senate.
JACOB READ, Speaker of the House of Rejtresentatives.
Xo. l-ISO. .W ORDINANCE to incorporate a Society for the piu'pose of raising
aud securing a fund for the relief of the Widows and Children of the
deceased Presbyterian Ministers belonging thereto.
(Passed January 20, 1790. See last volume.)
nlile.
No. 1481. yliY ORDINANCE ro no jt.sTici: to J.\mi;s Rlrn.
WHEREAS, it is but just and right to make compensation to .lames
Burn for the property belon'.:ing to him which was confiscated by an Act
passed at .lacksonborough, on the 2(5tli February, 17IS2. And whereas,
sundry persons purchased the said ])roperty from the commissioners of
forfeited estates, and have much improved the same ; and which, were the
same restored, might involve the former proprietor and the present pos-
sessors, in contests and difficulties.
I. Be it therefore ordni/ied, by the honorable the Senate and House of
Commissionera Representatives of the State of South Carolina, now met and sitting in
Tv'll.rtioveru^ ^e"''''^' Assembly, and by the authority of the same, That his Excellency
or to Talue the Governor be, and he is hereby, authorized to appoint three coniniis-
projicrty. sioners to value the said propetty, (regard being had to the situation of the
same when sold.) and to make return to him on oath of such valuation ;
aud that he direct the treasurers to give unto the said .lames Hurn a par-
ticular indent or indents for the said vnluation, with interest thereon from
the day of sale, ]<ayable in four equal annual instalments, the first ])ay merit
to be made on the first of March, 17!>1 ; and the said indent or indents to
be received in the treasury in payment of all money taxes which may be-
come due during the years 1791, 1792, 1793, and 1791, (except funds
arising from such taxes a.s are approjiriated to the [layniont of the foreign
debt of this State.)
In the Senate IIoiikc, the Iwenlietli day of January, in ihe year of our Lord one ihounnml
BCven hundn^d and ninety, and in the fourlepnlh year of ihe Indepemlenee of lln-
IJniled ,State« of Ainerlen.
D. DKSATTSSTTRE, President of the Senate.
JACOB READ, Speaker of the Houjie of Rrpresentatjvrs.
OF SOUTH CAROLINA.
AN ORDINANCE fok Aj>iiiN(i anothkr Inwi'ecioi! or Tobacco kok No. 1182.
THE Inspection op Camphelf.'s Wakeiiouse, Falmouth, and Adams's
Ferry.
WHEREAS, by an Act entitled "An Act for the regulating the in-
spection and exportation of tobacco, and for other purposes therein men-
tioned," it is enacted that only two inspectors shall be appointed for the
inspection at Campbell's warehouse, Falmouth, and Adams's Ferry, and
it appears from the petition of sundry inhabitants and tobacoo planters in
the district of Ninety-Six, that it would be of great advantage and con-
venience to them to have separate inspectors appointed for each of the
said inspections :
1. Be it therefore ordained, \)'j the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and liy the Commissioners
authority of the same, That Arthur Simkins, Esc]. John Martin, .John Ham- specters of to-'
mond, of Campbelltown, Nathaniel Bacon, and Fields Perdue, be, and they bacco.
are hereby appointed, commissioners, and they, or the majority of them, shall
have full power and authority to appoint an inspector of tobacco for each
of the said inspections, to attend at the said inspections in such manner
and at such times as tlie said commissioners, or a majority of them, • shall
direct and appoint ; and that the said commissioners shall have the same
powers, and the said inspectors shall have such salaries as the said com-
missioners, or a majority of them, shall appoint ; and the said inspectors
shall perform the same duties, and give the same security, and be liable
to the same penalties, as other counti'y commissioners and inspectors are
entitled or liable to by the said Act.
In the Senate House, the twentieth day of January, in tlie year of our Lord one tliousand
seven iiundred and ninety, and in the fourteenth year of the rndependenoe of thi'
United States of America.
D. DESAUSSURE, President fjf the Senate.
JACOB READ, Sjiealcr of t.lte House t>f Representatires.
AN ACT TO prevent Suits for the Recovi.ry oi Real Estates No. 1483.
BEING BARRED P.Y THE AcT OF LiMITAIlON, I'NTll, MaRCH 26, 1791.
WHEREAS, it is expedient to suspend the operation of the Limita- proambli'
lion Act to a further period ;
I. Be it enacted by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of Time of bar-
the same, That no person who, on the twenty-sixth day of March next, ■■'"? '!'*' ■'^^'^o^"-
would be barred by, or for want of prosecution, from recovery of any estate,
lands or real estate, shall be barred on that day, but that every such per-
son shall be barred on the twenty-sixth day of March, one thousand seven
hundred and ninety-one.
In the Senate House, tlie twentieth day of January, in the 3'car of our Lord one thou-
sand seven hundred and ninety, and in tlic fourteenth year of the hidependence of
the United States of America.
D. DESAUSSURE, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
VOL. v.— 19.
146
STATUTES AT LARGE
A.I). 17(10.
No. 1484. ylA' ORDINANCE PRKscitiuiNfi, on the part of this State, the
TIMES, PLACES AND MAN.NEK OK HOLDING ELECTIONS KOK IvEl'KESENTA-
TIVES IN CONGRES.S.
Tlie State divi-
ded into five
disliicts, each
of which shall
send 1 member
lo Congress.
Manaffer.-* of
clectioiiK to
make returns
to the governor.
IN order to carry into effect, on tlie part of" tliis State, the Constitution
for the United State? of America,
I. Be it ordained, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authorilj' of the
same. That the elections in this State for members of the House of Re-
presentatives in the Congress of the United States shall be had in the
manner following, that is to say : this State shall be, and is hereby declared
to be, divided into five districts, of which Charleston district shall form
one; Beaufort and Orangeburgh districts, united, another; Georsetown
and Clicraw districts, tiniteil, another; Camden district another; and
Ninety-Six district another. And each of tlic said five districts shall send
one member from this State to the House of Representatives in the Con-
gress of tlic Uniied States, to be chosen l>y the persons qualified to vote
for members of the House of Representatives of this State. And the same
elections shall be holden on the second iMonday in October nSxt, and the
day following, and regulated an<l conducted in the same manner as the
elections for the members of the House of Jtepresentatives of this State ;
and the person who, at the said election, shall have the greatest number of
votes in the district of Charleston, and the person who shall have the great-
est number of votes in the united districts of Ueaufort and Orangeburgh,
and tlie person who shall have the greatest number of votes in the united
districts of Georgetown and Cheiaw, and the person who shall have the
greatest number of votes in Camden district, and the pei-son who shall have
the greatest number of votes in the district of Ninety-Six — shall be the
members from tliis State to the House of Representatives in the Congress
of the United States. Provided nevertheless, that no person sliall have a
right to vote at more, than one place in each district, under the pain of
f irfeiting the sum of ten jiounds for every vote after the first, to be recov-
ered by action of debt, in any court of record, by any person wlio will sue
for the same ; and provided also, that such of the voters forming the
militia legiinent commanded by Lieutenant Colonel Philemon Waters,
between Broad and Saluda rivers, as lie within the district of Orange-
burgh, shall, in future, vott; at the place of election appointed for electing
nieml)ers for the district of Saxe-Gotha, instead of voting at the Dulcli
Church, with the remainder of llie regiment lying witliin Ninetv-Six
district.
II. And he it farther ordained by the authority aforesaid, That the
officers or persons by whom each of ihc! saiil elections shall be conducted
at the different places of election, (ami who shall be tlie same persons that
shall conduct the elections for members of the Legislature,) shall make a
true return, within twenty days thereafter, to the Governor or Coinmandei-
in-chief of this State, of the names of the persons voting, ami of the can-
didates or persons voted fi)r, at tlie said election, and of tlie numlier of
votes given thereat for each of the said persons ; and thai, on the first day
of November next, at 10 o'clock in the foionoon, the Governor shall cause
the said returns to be examined in a public manner, and ascertain ihe
number of votes given at the said (flection for every person, and what five
persons have respectively the greatest number of votes in the said dis-
OF SOUTH CAROLINA. 14 7
tricts ; and having ascertained wlio are tlie said five persons duly elected, A. D. 1790.
in manner aforesaid, to be members of the House of Representatives in the '•-^''^''^'^-^
Congress of the United States, the Governor or Commander-in-chief for
the time being shall cause the same to be immediately notified by procla-
mation, and notice of such election to be given to each member; and that
the Governor or Commander-in-chief shall deposit the original poll of each
district in the Secretary's office of the State.
111. And be it further ordained by the authority aforesaid, That in
case the same person shall be returned for two or more of the said dis- Cases of vacnn-
tricts, he may choose, within twenty days after due notice shall be given ^"^^P™^"''^''
him thereof, for which district he wdl serve ; and on his mailing such
choice, or neglecting so to dcj, within the said term, the Governor or Com-
mander-in-chief for the time being shall direct another election to be held
within twenty days thereafter for the vacant district or districts, to be con-
ducted and icgulated in jike mariner as before prescribed; and the Gov-
ernor or Commander-in-chief shall proceed in the same manner where the
member elected in any of the said five distiicts refuses to serve, or omits
to signify to the Governor or Comraander-in-cbief Lis intention of serving,
withm twenty daj's after he has received due notice of his election And i
in case of the death of any persf)u elected, oi- if his seat should become
vacated by.any other means, or if two or more persons shall have equal
votes for any district, the Governor shall order a new election, as the case
may require, to be conducted as near as may be in manner befoie prescri-
bed. Provided nevertheless, that vvhen any person vv^ho may be elected for
any of the said five districts shall be without the limits of this State, be shall
be allowed the term of fifty days to signify to the Governor or Commander-
in-chief his intentions to accept of or decline a seat in the House of Repre-
sentatives of the United States, undei such election.
In the Senate House, the twentieth dav of January, one thousand sereu hundred and
ninety, and in the fourteenth year of the Independence of the United States of
America.
D. DESAUSSURE, President of the Senate.
JACOB READ, Speal;er if the House (f Represeutatires.
AN ORDINANCE to oblige the male inhabitants, from the age of six- No. 1485.
teen to fifty years, residing within twenty miles of Black Mingo Ferry,
(who use Black Mingo Creek to send their crops to market,) to work
on and lay open the navigation of Black iMingo Creek, from its conflu-
ence with Black iMingo River to Black Mingo Bridge ; and for ap-
pointing Commissioners for carrying the same into e.xecution.
(Passed Jan. 20, 1790. See last volume.)
AN ACT FOR CEDING TO AND VESTING IN THK UmTED StATKS THE No. 1486.
Light House on Middle Bay Island, \vithi-\ the Bar of Ciiari.es-
To.v Harbour.
WHEREAS, in and by an Act entitled " An Act for the establishment
and support of light houses, beacons, buoys and public piers," passed
STATUTES AT LARGE
Light house,
&c. oedcii to
the U. States,
FnrtliM' )>ro-
the se\'eiilh day of August, Anno Domini one tliousand seven hunilieil
eis;hty nine, it was enacted by the Senate and House of Representatives
of the United States in Congress assembled, that all expenses wliich should
accrue from and after the fifteenth day of August aforesaid, in the necessary
support, maintenance and repdirs of all light houses, beacons, buoys and
public piers, erected, placed or suidi, before the passing of the said Act, at
the entrance of or within any bay, inlet, harbour or port of the United
States, should be defrayed out of the treasury of the United States, upon
the proviso that none of the said expenses should continue to be so defray-
ed by the United States after the expiration of one year irom the day last
aforesaid, unless such liglit houses, beacons, buoys and public piers should
be in the mean time ceded to and vested in the United States, by the
State or States respectively in which the same may be, together with the
lands and tenements thereunto belonging, and together with the jurisdic-
tion of the same : And whereas, it is expedient to cede to and vest in the
United States, for tiie purposes and upon the terms following, the light
house situate on .Middle Bay Island, within the bar of Charleston harbour,
bounded to the north by a small inlet passing between the said island and
Morris's Island, to tlie south by an inlet called the Folly inlet, to the east
by the Atlantic ocean, and to the west by a sound or creek passing be-
tween the said Middle Bay Island and the other island aforesaid, together
with the lands and tenements thereunto helouging, and togetiier wilii the
jurisdiction of the same ;
I. Be if therefore enacted by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That the said light house, with the lands and ten-
ements thereunto belonging or appertaining, together with the jurisdiction
of the same, as far as the same shall be incident and essential for the erec-
tion of forts, magazines, arsenals, dock yards, and other needful buildinijs,
and the a])pointment of officers, and general regulation of the said light
house, forts, magazines, arsenals and dock yards, from and after the jiass-
ing of this Act shall be, and is hereby, ceded to, vested in and assured
unto the United States, aiisoUitcly, and as of their demesne, in fee sim])le,
in as full, ample and effectual manner as the premises could lie granted,
aliened, transferred, conveyed and confirmed by any deed or devise in due
form of law ; upon the special proviso and condition, nevertheless, that
the said United States sl)all sufficiently support, maintain, and keep in
good repair, and rebuild when necessary, the said light house, from time
to time and at all times hereafter; and shall also erect or cause to be erect-
ed proper leading marks to and for or as appending to the said light house,
and cause buoys to be stationed in fit places for the further and better
facilitating and securing the navigation ; and that all expenses which may
have accrued since the said fifteenth day of August afiuesaid, or whicli
shall accrue in, for, and about the- said light house, or tiie leading marks
and buoys abovementiimed, shall be defrayed out of the treasury of the
United States.
n. And whereas, ilivers exprnses, already incurred on account of
the said light house, -jvi lemaii] unpaid and unsatisfied ; and whereas,
the fund for defraying uf the same, ihat is to say, the tonnage imposed
on shipping, is yielded to ihe United States; Be it viiitrtcd iiy the au-
thority aforesaid. That the above cession and transfer of the said light
house, with the ap]>urtenanccs, is made liable to the further condition
and ))roviso that the said expenses, as far as the same may be sup
OF SOUTH CAROLINA. 149
ported by proper vouchors, shall also be defrayeJ out of the treasury of A. 1). 1790.
the United States. v.^'-v-""^^
111 the Seiiaie House, the twenlicili day of Jiinuaiy, in llie year ofoiir Lord one thousand
seven hundred and ninety, and in the lourteentli year of the Independence of
the United States of Amcriea.
D. DESAUSSURE, President of the Senate.
JACOB READ, Sjieaker of the House of Rejnesentatives.
AN ACT FOR RAISING SUPPLIES FOR THE YEAR OF OUR LoRD ONE No. 1487.
THOUSAND SEVEN HUNDRED AND NINETY.
WHEREAS, we, the representatives of the free and independent State
of South Carolina, in General Assembly met, have thouo;ht it expedient _ , ,
1 ' , ' ,. , "S • 1 ■ -1 Preamble,
and necessary that a tax, inr the suins and ni manner herem mentioned,
shotdd be assessed, raised, and paid into the public treasury of this State
for the use and service thereof;
I. Be It fherefmc enacted, by the honorable the Senate and the honorable
the House, of Representatives, now met and sitting in General Assembly,
and by the authority of the same. That the sum of eight shilhngs and nine j^^^g oftaxa-
pence per cent, ad valorem on every hundred pounds, to be paid in specie or tionon hands.
paper medium, shall be, and is hereby, imposed on all lands granted within
this State, and in the manner and under the several regulations hereinafter
set forth and expressed, that is to say: No. 1. All tide swamp not
generally affected by the salts or freshes, of the first quality, shall be
rated at six pounds per acre ; of the second quality, four pounds per acre;
of the third quality, two pounds per acre ; all pine barren lands adjoining
such swamps, or contiguous thereto with respect to the benefit of water
caiTiage, at ten shillings per acre ; all prime inland swamp, cultivated and
uncultivated, at an average of three pounds per acre ; second quality,
ditto, two pounds per acre ; third quality, ditto, one pound per acre ; pine
barren lands, adjoining or contiguous thereto, at five shillings per acre ;
salt marsh or inland swamp, clearly proved to the assessors to be incapable
of iminediate cultivation, five shillings per acre. 2. High river swamp, or low
gi'ounds, cultivated and uncultivated, including such as are commonly called
second low groimds, lying above the flowing of the tides, and as high up
the country as Snow Hill, on Savannah river, the fork of Broad and Saluda
rivers, on the Congarees, Graves's Ford on the Wateree, and the boundary
line on Pedee ; the first quality at three pounds per acre ; the second
quality at two pounds per acre ; the third quality one pound per acre ;
except such as lie so low as to be clearly proved to the assessors to be in-
capable of immediate cultivation, which shall be assessed at five shillings
per acre. 3. All high river swamp, or low grounds, lying above Snow Hill,
the fork of Broad and Saluda rivers, Graves's Ford, and the old Indian
boundary line, fifteen shillings ])er acre. 4. All high lands without the limits
of St. Philip's and St. Michael's parishes, on John's island, James island,
and on the main, within twenty miles of Charleston, at one pound per acre.
.*). All lands on the Sea islands, Slann's island included, or lying on or con-
tiguous to the seashore, usually cultivated, or capable of cultivation, in
corn or indigo, and not within the limits prescribed in class number four,
one pound per acre. 6. All oak and hickory high lands lying below
150
STATUTES AT LARGE
Rate of taxing
elavcs, &c.
Slaves employ
cd oil Inilian
laiidtj.
Coniponation
ofcii'iuircrs,
assctfflors, &c.
Returns of
furiiior Ijixoa
to be made.
Duly of the
nKscsHorn and
coUccton!.
Snow Hill, the fork of Broad and Saluda rivers, Graves's Ford, or the
boundary line on Pedee, and not included in the limits or description of
the two piecedm-r chisses, niimhers four and five, at tilteeii shillings per
acre. 7. All pine barren lands not included in classes number one, four,
and five, to be assessed at one s)iillin<5 per acte. S. All oak and hickory
high lands lyin<^ above Snow Hill, the fi)rk of Broad and Saluda rivers,
and Graves's Ford, the first (piality, eii^ht shillings per acre ; the second
quality, five shillings per acre ; the third quality, two shillings per acre. 9.
All oak and hickory high lands aboxe the old Indian boundary line, the first
quality, six shillings per acre ; the second quality, three shillings per acre ;
the third ijuality, one shillinij per acre. That all lands within the parishes
of St. Philiji and St. Michael shall be assessed in the same manner and
upon the same princiides as houses and lots in Charleston, and in a rela-
tive ])ropintion to the lands in the country. That the sum of two shillings
and eleven pence [ler head shall bo levied on all .slaves ; two shillings and
eleven ])ence per head on all free iiegi-oes, iiiulnttoes, and nnistizoes, be-
tween the age of sixteen and fifty years ; two shillings and eleven pence on
every wheel of all carriages ; carts, wajions, and drays excepted ; and eight
shillings and nine jience i>n every one hundred pounds value of all lands,
lots and biiihliiiirs within aiiy city, villaj;e, or borough, and on every hundred
pounds stock in trade, factorage, ei'ii>loyinents, faculties and professions,
(clergymen, mechanics, scho'dinasters and schoohnistiesses excepteil) —
to be ascertahied and rated by the several assessors and collectors through-
out the State, according t" the best of their knowledge and infoniiation ;
to be paid in specie, or paper meilium of this State.
H. Aiulhc'U further ciutctcd by the autlirnity af-iresaid. That all negro or
other slaves who arc cmplnyed on any lands leased by any pereon or per-
sons of the Catawba In<lians, shall be, and they are hereby made, liable
to the payment of this tax.
HI. And hi- it furthtr citiutrd by the authority aforesaid. That the en-
quirers, assessors and collectors, appointed by law, shall, for their services
in the discharge of their duties, receive, on closing their accounts with the
commissioners cif the treasury, four per centupi, except for the parishes of
St. Philip and St. .Michael, who shall receive two per centum, on the
amount of the taxes by the'u collected, to be allo\ved and paid to the sev-
eral collectors aforesaid.
IV. And be it farther enacted, by the authority aforcsuid, That no mem-
ber of the L'egislature, while he continues such, .shall be a tax collector.
V. And be it furilier enaeled by tlie aiitliinily aforesaid. That the en-
quirers, assessors and cnUectors shall be.'in ihoir enquiry on the first il.iy
of I )ctober next ; and that \vheie all the collect. >rs that were appointed
for any pari.sh or county arc dea<l, and the tax returns not closid with
the commissionei-s of the treasury, the collector who shall be thereafter
ap])ointed is hereby directed and ordered to demand rerei])ts or to ailmin-
ister an oath, or to prucure 'Hher satislactory proofs from the pers-Mis of
the county or parish, that he or they had paid their Ia.ves for the preceding
years, in order to discover the taxes still due, and to enable the public to
ascertain what sums of money are due by the estates of the deceased col-
lectors ; and should the executor or administrator of the decea.scd collec-
tors refuse to |iroduce the account.s of the deceased, or give infoimatioii on
the subject, the commissioners of the treasury are hereliy ordered to put
the law in force against the estates of the di'ceased collectors.
VI. And be it farther enaeted by the authority aforesaiil. That the suid
assessors and collectors appointed by law shall do and prrform all and
singular the duties appertaining to their odice, as descrilwd in an Act
OF SOUTH CAROLINA. 151
entitled "An Act for declaring the powers and duties of the enquirers, A. D.irno.
assessors and collectors of the taxes, and other persons concerned therein." ^-^""v"^^^
VII. And be i/ further enacted liv the autliority aforesaid. That the com-^
. . ™ , . '' , ,. 'i !• • 1 • r ..1-- 1 reasurcrs to
missioners ot the treasury are hereby directed to lunnsh copies ot this |\,r],is]i cnnies
Act to each of the assessors and collectors appointed by law, throughoutof tliis Act.
this State, within three months after the passing of this Act, and their rea-
. sonable expenses incurred tliereby shall be reimbursed.
VIII. And be it further enacted by the authority aforesaid, That all per-
sons any wise liable to pav the taxes hereby imposed, shall nay in their f'""' "fP^.^'
1 1 11 11 • . J . ■ ;^i mentol taxes.
taxes to the assessors and collectors by law appointed to receive the same,
on or before the first day of February, one thousand seven hundred and
ninety-one ; and that the said assessors and collectors shall pay in the same,
and settle their accounts with the treasury, on or before the first day of
April, one thousand seven hundred and ninety-one ; any law, usage or
custom to the contrary thereof in any wise notwithstanding.
IX. And he it further enacted by the authority aforesaid, That an Actn^iii^ .^^
entitled " An Act to encourage the destroying beasts of prey," passed the repealed.
eleventh day of March, one thousand seven hundred and eighty-six, be,
and the same is hereby, repealed.
ESTIMATE
Of supplies 7canted for the support of Government, for the year one thousand
seven hundred and ninety.
His Excellency the Governor's salary, ----- £900 00 00
That for the present year it is only necessary to provide for two Judges of the
General Sessions and Common Pleas, X500each, as one of the Judges is absent
in the Congress of the United States, .... iQoo OO 00
Attorney General, - - - - • - - 200 00 00
Secretary lo the Governor and Clerk to the Privy Council, - - - 150 00 00
Auditor of public accounts, ...... 37,^ 00 00
His clerk, - - - - - - - 140 00 00
Two Commissioners of the Treasury, - - - - - 571 08 08
Their clerks, - - - - - - - 400 00 00
Clerk of the Senate, - - - - - - 287 00 00
Clerk of the House of Representatives, - - - 287 00 00
Two messengers, one to each house, at £70 each, ... 140 00 00
Two doorkeepers, ditto, at fifty pounds each, .... ]00 00 00
Powder Inspector and Arsenal keeper, - - - - 100 00 00
Two Judges of the Court of Chancery, each £500, - - - 1000 00 00
INCIDENTAL CHARGES, VIZ.
Contingent fund, to be subject to the Governor's drafts, - - 1000 00 00
For the transient poor, .--... loOO 00 00
Pensions, Annuities, and arrears of Annuities, _ . - . 4000 00 00
Printer's bill, - - - - . . . 300 00 00
Maintenance of the post at Fort Johnston, (until Congress assume the mainten-
ance thereof,) at the rate of £260 per annum, - - - 260 00 00
Court House at Camden, ...... 700 00 00
Gaol at Ninety-Sis, and a wall round the same, . . - 1200 00 00
Repairs of Gaol and for building a wall round the same at Camden, and to build
out houses, - - - . . . - 300 00 00
For repairs of Gaol of Orangeburgh district, at Orangeburgh, and to build a wall
round the same, . - - . . . 300 00 00
153
STATUTES AT LARGE
A. I). ]71K). To the commissionen for erecting the public buildings at Columbia, to procure
x.^'-v-^^ a proper person to take care of the said buQdings, . - .
For building a brick Gaol for Beaufort district, at Coosawhatcliie, and a wall
round the same, ......
Contingent fund for payment of the Resolutions of the Legislature, -
Expenses of the Convention to assemble at Columbia, in May next.
800 00 W
4000 00 00
5000 OO 00
In the Senate House, Wednesdov, the twentieth <luy of January-, in the year of our Lord
one tliuu^and i<cven hundred and ninety, and in the fourteenth year of the [ndepen-
dencc of the United States of America.
D. DESAUSSURE, President of t^e Senate.
JACOB RE.\D, Spcahcr of the House of Rcjyrescntatircs.
No. 14SS. AN ACT for estaiilisiiixg the Annual Salaries of the Puulic
OfFICEUS of GoVEBSMENT ; AND FOR ASCERTAINING AND REGl'LATINIi
THE Fees to be taken by those who by law may ue entitled to
THEM, throughout THE StATB.
WHEREAS, it is expedient and necessary that the salaries of the
public officers of srovernnient should be fixed upon a resjular and jierina-
Preanible. "^"' footing, durinjr their continuance in oflice, and that the fees to be
received and taken in the ])iiblic offices, and by those who by law shall
be entitled to the same, may be regulated and ascertained, to the end Uie
citizens thereof may know with certainty the sums they are to pay, and
the services to be performed for such jiayinent :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
Salanes of authority of the same. That from and after the fifth day of Ai>ril next,
public oflicers. •',,.,.,. -^ i i "i i .i
the annual salaries hereinafter specihed and enumerated, and no other,
shall be paid, taken and received by the public officers of government
hereinafter mentioned, in lieu of all other sum and sums of money what-
ever;, any law, usage or custom to the contrary thereof in any inannei
notwithstanding.
SALARIES.
The (Governor, nine hundred pounds, .... X*1K10 ItO 00
Secretary to the liovernor, one hundred pounds, • • - 100 (X) IKI
Chief Justice, to do equal duty wilh the nssocinie judges, eighl hundred [wunds, SOO 00 00
Four associate judges, six hunilred pounds each, .... fiOl) each.
Three Judges of the Conn of Equity, five hundred pounds each, - - WK)
Attorney Ceneral, in lieu of oil charges ngninst the public, where persons aecnsed
of offences shall be found guilty and shall swear off, or where they shall be
acquiued ; ond for giving advice lo ihe Covernur, in mailers of public eoiirern, 2IK) IX) 00
Two Solicitor Oenerals, one for the northern circuit and one for the sonlhern cir-
cuit, in lieu of nil charges against the public, where persons accused of offen-
ces shall he found guilty onil shall swear off, or where they shall be acquitted,
in their respective circuits; for giving advice lo the tJovernor in mallere of
public concern ; ond for ollemhiig the I.egisluturo nt their silling, in nnler to
draw and engross all such bills and ordinances as they shall be directed to do
by eilher branch of the Ix!gi»latnre, one hundred and fifty pounds each, - I.'iO each.
Two Commissioners of the Treasury, four hundreil pounds each, • 100
OF SOUTH CAROLINA. 153
Clerk of the Senate and Clerk of the House of Representatives, for four years, A.D. 179].
two hundred and eighty-seven pounds eneh per annum, - • £387 each. '-.^^'W^^
Two Messengers, one for each House, for four years, seventy pounds eacli, - 70
Two Doorkeepers, one for each House, for four years, fifty pounds eacli, - 50
Housekeeper of the Slate House, thirty pounds, - - - . 30 00 00
Powder Inspector and Arsenal Keeper one liundred pounds, - - lUO 00 00
II. A>iil he it furt.hei enacted by the aiirhority aforesaid, That the p^^^^
several and respective fees hereinbefore mentioned, and no other, shall be
paid, received atid taken in the respective public offices in this State, and
by those entitled to fees throughout the same, for the different services in
the respective suits in this Act specified and contained, in lieu of all other
demands whatever for said services ; any law, usage or custom to the con-
trary thereof iti any wise notwithstanding.
TABLE OF FEES.
SECRETARY OF STATE HIS FEES.
For every Search, eight pence sterling, - - - - X UO Od
For a commission for a place of profit, fit'teen shillings, - - - 15 00
For entering satisfaction on a Mortgage, one shilling, - - - 100
For recording a mark or brand, one shilling, - - - - 1 00
For recording or copying any writing, for every copy-sheet containing ninety
words, five pence, ._...- 05
For drawing a Proclamation, and copy to the printer, to be paid by the State, five
shdlings, --------
For a Militia Commission, to be paid by the State, four shillings.
For a Parilon or Reprieve, with the great seal, and- recording, to be paid by the
State, five shillings, -...--
For attending the courts of justice, with records, three shillings,
For finding the wax and appending the great seal to Laws, to be paid by the
State, for each law, two shillings, . - - . .
For a general commission of the peace for any county or district, to be paid by the
State, ten shillings, ------
For a separate commission of the peace, to be paid by the State, two shillings anc^
six pence, -------
For making cut a Grant of Lands, recording and fixing great seal, ten shillings, -
For a teslimoni:il, with the great seal, five shillings.
For registering the certificate of a person becoming a citizen, five sbilhngs,
MASTER AND COMMISSIONERS IN EQUITY, THEIR FEES.
For every summons, one shilling and nine pence, - . - -
For every copy of a charge or discharge, one shilling, . - -
Taking every affidavit in writing, one shilling and six pence.
Every oath administered, six pence, - - - - -
Taking every Recognizance, two shillings, . - - .
For every day's attendance in court, on any cause, three shillings and six pence.
Taking the oaths for every defendant, to an answer out of office, and attendance,
five shillings, - - - . - - - 5 00
Every attendance in office on summons of either party, or their solicitors, three
shillings and six pence, - - - - - - 3 06
Hearing and determining any contested matter, and order thereon, five shillings, 5 00
Making up and returning every Report into court, but only one Report to be
charged in each suit, fourteen shillings, - - - - 14 uO
Commissions on sales under decrees of the court, three per cent, for the first hun-
dred, and one per cent, on aH suras above.
Drawing each set of Conveyances, one pound five shillings, - - 1 05 00
REGISTER AND CO.M.MISSIONERS IN EQUITY, THEIR FEE.S.
For aflixing the seal of the court to Suhpcena or other writ, and signing the same,
two sliihngs and six pence, - - - - • 2 06
VOL. v.— -20.
5 00
4 00
5 00
3 00
•i 00
10 00
2 Ofi
10 00
5 00
5 00
1 09
1 00
1 06
06
2 00
3 06
STATUTES AT LARGE
Foraniiiuvit*of service of Subpocnn, or other wril, iwo Kbillings and six pence, - *-2 06
For pxaniiiiing every witness, drawing depot^itionB, exemplilicaiiun of proceedint;s
in any cause, if required, containing minutes of a decree, all orders of court,
or for copies thereof, per copy sheet of ninety words, five pence, - 05
For every Search, eight pence, ------ 03
For entering every cause lor heuriiig, one shilling, - - • • 100
For attending court on each caut>e, three shillings and six pence, - - 3 06
Reading all papers in a suit, two shillings, • - - • 2 00
Examining decree, aflixing seal thereto, and attending the Judges in court to sign
certificates of examination, four shillings, - - - " - 4 00
Notification to insert ni(j:izettc, by ordcrof court, and utteudancoon printer, one
shilling and six pence, • - - - - 1 06
For aflixing every seuland signing every commission to take answers and examine
w-ilnesses, or for other purposes, two shillings aitd six pence, - - 2 06
SOLICITORS* FKES IN EQUITY.
Complainant's Solicitor:
Preparing and fihng a Bill in Equity, with all ncces<;ary exhibits, seven pounds, £1 00 00
Drawing interrogatories in chief for complainant's witnesses, and cross interroga-
tories, drawing and engrossing commissions.and attending to strike commission-
ners, when necessary, with proper iilstructions, three pounds ten shillings, 3 10 00
Arguing exceptions on pi>inia of law before the Master or Judge, at chambers,
when necessary, and attending thereon, including all charges incidental
thereto, two pounds, - • - - - - 2 00 0*>
For all other services in the cause, including briefs served on Judges, except the
decree, three pounds, • - - - - -30000
Drawing ami engrossing decree, per copy.sheel, five pence, - - Ob
Oefendant'e Solicitor:
For preparing and filing Defendant's answer, and all necessary exhibits, seven
pounds, - - - - - - - . 7 00 0(t
Drawing interrogatories in chief for defendant's witnesses, drawingand engrossing
cross inlerrdgatorics, commissions, atiendiiig to strike commissioners, when
necessary, with instructions, three pounds ten shillings, - • • 3 10 (K)
Arguing exceptions on points of law before the Master or Judge, at chambers, when
necessary, including notices, attendance, and all incidental cliarges rclaiive
thereto, two pounds, - * - • - • "Z {){) tK)
For all other services in the cause, including serving Judges with briefs, except
the decree, three pounds. ..... 3 tK) (Mi
Drawing and engrossing decree, per copy sheet, five pence, - - - (J.i
ATTOKNIES IN THE SUPERIOR COIKTS Ol* LAW.
Plaintiff's Attorney:
For filling up writ, signing, attenJonce to lodge the same w itb sheriff, in cases
where no bail is required, and all incidental charges, when settled before
declaration filed, one pound, - • - - - X'l 00 (»<►
For every extra c(i)>y of a writ and notice, one shilling and six pence, • 1 (h'>
For all subsequent proceedings whall^vcr, from the filing of the declaration or ob-
taining interlocutory judgment inclusive, where no bail is required, niie
pound five shillings, - - - - - - ] 05 (H)
]n all cases where special bail is required, neven shillings, • - - 7 (Mi
For all proceedings subsequent to the former, including final judgmont and verdict,
fifteen shillingH, •---■•-15 (nt
Fur all other services whatever, including the whole proceedings, to the issuing
of execution inclusive, six Hhilhn^'s, • - - • 6 00
For all cxhiliils, in coses of covciinnl, per copy sheet of ninety words, five pence, I>5
'Jo the Jury, in laclicause tried, five sliilliiigH, . .' . . o;, (K)
ATTORMES' FEES IN LVrRAOKDLNARV CASES.
For every demurrer, joinder and iirKumrnt. on n point of low, one pound live
fthillings, - - ■ • - XI (15 on
OF SOUTH CAROLINA. 155
For every motion for new trinl. or for arrest in judgment, or special matter and A.D. 1791.
argument, one pound five shillings, . - . - £\ 05 00 v-^^'v^^fc./
For every renewal of writ or execution, five shillings, - - • 5 00
For filling up every writ of subpoena, and four tickets inclusive, five shillings, - 5 00
Every rule to show cause in arrest of judgment, copy and notice, and motion for
trial, seven shillings, - - - - - - 7 00
Preparing every commission to examine witnesses, when necessary, attending to
strike commissioners, drawing interrogatories in chief, and cross interrogato-
ries and instructions, two pounds, - - - - - 2 00 00
To each material witness attending the court, residing in the cities, or towns, or
villages where the courts are held, per day, two slullir^s and four pence, - 2 04
Each witness from the country, including horse hire, per day, four shillings and
eight pence, - - - " - - - 4 08
Ail witnesses to be allow'ed their ferriage and toll.
For commencing and prosecuting and defending a suit by summary process, one
pound, - - - - - - - - 1 00 00
In all cases of Dower or Partition :
All fees from the commencement to the end of the pr<!>ceedings, all services
inclusive, five pounds, - - - - - - 5 00 00
Surveyor's fees extra.
On Writs of Attachment :
In addition to common costs on bond, note or account, except printer's bill, three
pounds, - - - - - - - 3 00 00
DEFENDANT'S ATTORNEY.
For appearance, filing bail and imparlance, one pound, - . - 1 00 00
Drawing and filing plea or demurrer, or other proceedings, previous to joinder in
demurrer, or issue taken, seventeen shillings and six pence, - - 17 06
Verdict in cases for defendant, poslia, bill of costs, and allowing taxation, copy
and notice, including till charges, ten shillings, - - - 10 00
For drawing commissions to examine witnesses, drawing interogatories, attending
to strike commissioners and instructions, all incidental charges inclusive,
two pounds, - - - - - - - 2 00 00
Copies of all exhibits necessary to be filed by defendant, per copy sheet, five pence, 05
ATTORNIES IN TflE COUNTY COURTS.
For commencing and prosecuting and defending a suit in the County Court, one
pound, - - - - - - - - 1 00 00
For defending a person charged by indictment or information, or sued on a forfeit-
ed recognizance, one pound, - - ... - 1 00 00
For commencing and prosecuting and defending a summons and petition, under
the summary jurisdiction, twelve shillings and sixpence, - - 12 OG
For staling objections and bringing up an appeal, all charges inclusive, fourteen
shillings, - - - - - - - 14 00
CLERKS OF THE SUPREME COURTS OF LAW.
For attendmg to sign a Writ, and afiixing seal, one shiUing,
For filing a declaration, plea, replication, demurrer, jomder in demurrer, or other
pleading, nine pence, ----.,
For copying a declaration or other writing, per copy sheet, five pence.
For entering every special order of court, or copy, sixpence,
Every search in the records, where the cause is ended, eight pence,
Signing every judgment, two shillings, - - . . .
Attending drawing a jury for special court, three shillings and six pence,
CLERKS OF THE SPECIAL COURTS OF LAW.
Each day's attendance at a special court, three shillings and six pence.
Drawing a bail piece, attending and taking bail, two shillings.
For recording every judgment or other writing, for every copy sheet, five pence.
For every Recognizance, two shillings, . . . , .
I 00
09
05
06
08
2 00
3 06
3 06
2 00
2 00
06
OG
06
06
■2 00
1 10 (H)
•J 04
3 OG
2 00
1 00
2 00
1 l>6
156 STATUTES AT LARGE
A. 1). 171)1 . Fur receiving money in i-ourt anil paying it again, one per cent.
v.^'^v"^*-' For his attendance in every cause tried in court, swearing Jury, and reading papers,
and dot-keting the same, two stiiihngs, ....
For swearing every witness, six pence, .....
For every certificate, and signing, sii pence, ....
For admini^tcring every oath, six pence, ....
For reconling a verdict, six pence, . . - - -
Fur attending at the Judges chambers, on a special argument, twoshiUings,
For making out a hcence tor llie admisniun oi an Allunicy, adiuiiiisteriiig the oath,
and recording quahlication, one pound ten shillings, ...
For recording or cupyiiig phii of land, and copy, twu shillings and four pence,
For issuing a Certiorari, or other special writ, and sealing, three shillings and six
pence, .......
For a DedimuR potestatum, and scaling, two shillings.
For rding and entering return thereof, one shilling, ...
For entering a decree on summary process and execution, two shillings,
For recording the brand and mark of a stock of cattle, one sKilUng and six pence,
ATTORNEV GENERAL.
On papers returned and no indictment given out, and noU prosequi entered, one
pound five shillings, - - . - . - 1 05 00
Where an indictment is found, two pounds, - - - - 2 00 00
Upon bill of indictment found, and triiil bcfure petit jury, and verdict or confession,
three |)ounds ten shillings, . - - - . 3 10 00
CLEUK OF THE SESSIONS .\XU PEACE.
OnaXoli Prosequi, seven shillings, - • - - • 7 00
Where a hill is found or thrown out, fifteen shillings, - - - 15 00
Upon bill fiinnd, and trial before petit jury, and verdict, one pound, . - 100 00
On each writ of venire, for summoning jurors, one shilling and six pence, - I 06
On each writ of habeas corpus, or bench warrant, seven shihings, - - 7 00
Ejich writ of subpoena and tickets, two shillings, - • . 2 00
For every order of bastardy, taking a recognizance, and all other proceedings, two
shillings and six pence, - - - - - - 2 06
On each order fur resliiuliun of goods, one shilling and twopence, - • 1 02
For each certificate to the Coroner, eight pence. .... tvs
For the whole fee of a tavern licence and bond, nine shillings and four pence, ^ 9 04
SHERIFFS.
* For serving every writ or summons, or other process, taking bad, returning and
proving service, and assigning bail bond, seven shillings, • 7 00
For copy left at the defenilant's residence, or, where he cannot be personalty
orrested, returning and proving serA-ice, five shillings, . - • 5 Ot)
For mileage, from the ciiiirl hmiKC iif ilie ilimricls respectively to the defendant's
residence, or where he shull be found ur taken, (but not lor returning.) each
mile, three pence. ...... n3
For cunimilmeiit ami releaseraent of any prisoner, two shMlings and six pence, 2 06
For sumrouiiing all juries, to the sherilT of each district court, fil teen (wunds per
annum, to be paid by the .Stale.
To the klicriff of each county, for summoning all juries in his county, and fur
BCrvini,' all public orders fur the benefit of the county, five pounds per an-
num, to bo paid by the county.
For serving any order or rule of cunrt except public urdcra or rule*, and deliver-
ing a copy, two iliillings. * - - ' • 2 00
For serving every writ of siibpccna. and tickets, nnil returning the same, two
shillings, . - 2 00
For serving a ben -li warrant, or warmiit of a justice of peace, and nMiirn therent',
and proving Ner\ ice, in sniite ninTinern» on services of wnt. four fchillings, I 00
For every return uf a writ, where the cowls ur persuns are nut In be fuund. twu
•hillings. 2 «•
OF SOUTH CAROLINA.
For dieting white persons inlhe several gaols and workhouses in the State, allow-
ing one pound of bread and one pound of flesh, wholesome provisions, per
day, one slulling, - - - - - - - 1 00
For dieting negroes or other slaves, allowing wholesome food, per day, eight pence, 08
For executing a persgn condemned to death, to be paid by the S; ate, one pound, £1 00 00
For putting a person in the stocks, branding, pilloring, whipping, or cropping, to be
paid by the Stale, eacli five ^.hillings, - - - - 5 00
For bringing up a prisoner on habeas corpus,and discharging or conveying to prison,
to be paid by the party if solvent, and if insolvent then by the State, five
shillings, - - - - - - - o 00
For conveying a prisoner, on habeas corpus or otherwise, from one district or
county gaol to another, every mile he shall necessarily ride, going to or return-
ing, for each mile three pence. . . _ . . 03
All necessary expenses to be alIov\ed the sheriff, in addition to the immediate fore-
going charge.
For levying an execution on the goods of the defendant, and selling the same, for
all sums where the debt does not exceed one hundred pounds, two and a half
per cent, commissions; and for all sums where the debt exceeds one hundred
pounds, one per cent. ; in all cases where the defendant, after the sheriflf
may have levied on the properly, shall settle with the plaintiff' before actual
sole, the sheriff" in such cases shall only be entitled to one fourth per cent.,
besides all reasonable disbursements, and also fees for entering execution; but
if the defendant shall pay the money to the sheriff", one per cent, in lieu of
the one fourth.
Where an execution shall be lodged in the sheriff''s office, only to bind the prop-
erty, w ith directions not to levy, for entering the same in his books, two shil-
lings and six pence, - - - - - - 2 06
For serving an execution against the body of defendant, and return, 7 shilhngs, 7 00
For every prisoner brought up for trial at the Sessions, to be paid by the State,
one shilling and six pence, - - - - - 1 06
For drawing each set of conveyances, one pound five shillings, - - 1 05 00
CORONER.
For an inquisition by jury, taken on view of a dead person, and return, to be paid
by the Slate, two pounds, . . . . . 2 00 00
For every service done by the Coroner, the same fees as are payable to the sheriff"
for the same services.
If there be no Coroner within twenty miles of the body found, the inquest may be
made, and the fee may be taken by any justice of the peace, in like manner,
who shall in that case have all the power of the coroner.
JUSTICE OF THE PEACE.
For oath and warrant in all criminal cases, two shillings, . . 2 00
For a Recognizance, and return, two shillings, . . . . 2 00
For a Warrant in civil cases, one shilling, . . . I 00
For a Commitment, one shilling, . . . . . 1 00
For a Waraanlof Hue and Cry, one shilling and six pence, . . . 1 06
For taking a Deposition, one shilling and six pence, . . . . 1 06
For administering every oath, six pence, .... 06
For a probate to any writing, signing, and swearing witness, one shiUing and sis
pence . . . . . . 1 06
For examining and swearing witnesses, and hearing and detennining the cause,
one shilling, ..... . I 00
For every loll of estrays, given in at the same time, and other incidental charges,
agreeable to law, three shillings, . . . . 3 00
For writing and signing an execution, one shiUing and two pence, . . 1 00
For issuing attachment, with the oath of the party, bond, and return, agreeable to
law, five shillings, . . . . . . . 5 00
For every appeal, with the proceedings, to the county courts, from Justices.
judgment, bond and security inclusive, three shilhngs, . . 3 00
158 STATUTES AT LARGE
A. I). 17.11. COXSTABI.KS.
^-'''"^''^^^ For serving a warrant, two shillings and sii pence, . • 2 Oft
For summoning a witness, one shilling, . 0 00
For summoning a coroner's jury and witnesses, all <:harges inclusive, ten shilUngs, 10 00
For putting a person in the stocks, to be paid by the Stale, t«-o shillings and six
pence, . . . * . . . - • 2 06
For serving an attachment on the effects of a person absconding, or about to nb-
scend, making an inventory and return, returnable to the county court, four
shillings and eight pence, . . . . . 4 08
For the like services where the attachment is returnable before a magistrate, two
shillings and four pence, . . . . . . 2 04
For whipping a person, by lawful ntilhority, to be paid by the State, two shillings
and six pence, . . . . . . 2 OS
For levying an eiccution, one shilling, . . 1 00
For Poundage, or commissions on all sums levied, five per cent.
For mileage, in all crimintil cases, attachmenis, and levying executions, and in no
other case, for each mile out, (but not for reluming,) three pence, . 03
Ftrcarryinga ilue and ("ry, to be paid by the State, eight shillings, - 8 00
For his attendance in searching for stolen goods, for every day, al the request of
the parly complaining, three shillings, . . . 3 00
i\OTAUlES OF PUBLIC
For taking deposition and swearing witness, per copy sheet, six pence, - • 00 OG
For every protest, ten shillings, - - - - .. - 10 00
For a duplicate of depositions, protest and certificate, per copy sheet, five pence, 00 O.'i
For each attendance on any person to prove any matter or thing, and certifying
the same, three shillings, .---..-. 03 00
For every notarial certificate with seal allixed, two shillings and six pence, - 02 OG
CLERGY OF EVERY SETTLED CHURCH OF EVERY DENO.MIXATION.
For registering every birth, marriage, or burial, one shilling and six pence, - 01 06
For every search of the Register, eight pence, ..... (1008
For every certificate from ihe Ue:',istcr, one shilling and six pence, - - 01 06
For every citation read in church, five shillings, - - - - - 0."> 00
SURVEYOR GENERAL
For every search, eight pence, ....... 00 OS
For copying plat and certificate, five shillings, ..... of) lU)
For receiving, recording a pint, and sending the same to the secretary's ofiicc to
be passed into a grant, ten shillings, - - - - • • 1(1 00
For a certificate in all other cases, one shilling and six pence, - - - 01 06
For a deputation and instructions to a deputy surveyor, five shillings, - . 05 00
DEPUTY SURVEYOR.
For surveying every acre of land, one-half penny.
Fur making out a fair plat, certifying, signing, and returning the same, ten shil-
lings, .......... 10 00
For running old lines fur any person, or between parties where any dispute arises,
or by order of court, while they are on the survey, fourteen shillings per day, 1 1 tKI
POWDER RECEIVER AND INSPECTOR.
For every hundred weight of gunpowder received into the magazine, three shil-
lings per hundred, to he paid, one-half on receiving the same in the magazine,
the other half on delivering the same,
CLERK OF THE SEN.VTE AND IIOr-;E OF REPRESENTATIVES.
For any copy or extract from the journals of cither House, to ony person requiring
the same, (except a member of either branch of the Legislature or the Execu-
tive,) each ropy sheet, five pence, - - - - • 00 O.'i
For every search, ......... (X) 08
OF SOUTH CAROLINA.
COMJIISSIOIS'ER OF LOCATIONS.
For receiving applications, making entries, and granting warrants under hand and
seal of office, three shillings, - - - ,-
For every seari^h, eight pence, .......
For recording a plat and sending it to the surveyor general's office, seven shillings,
REGISTER OF MESNE CONVEY ANCE.S.
For a search, eight pence, .._-...,
For entering satisfaction on a mortgage, one shilling, ....
For recording or copying deeds, each copy sheet, five pence, . . -
For recording or copying a plat, four shilhngs and eight pence, . - -
For a certificate from the office, two shillings, . . . - .
ORDINARY— HIS FEES.
For a marriage license, bond and registering, one pound, ....
For a citation and recording, two shillings and sixpence, - - - .
For qualifying administrators' bond, letters of administration, and warrant of ap-
praisement, recording letters and oath, fourteen shillings, ...
For proving a will, probate, recording and filing the will, and certified copy, where
it does not exceed four copy sheets, nine shillings and four pence, and for *
every other copy sheet, five pence.
For qualifying executors, letters testamentary, and recording, five shillings.
For warrant of appraisement, oath and recording, five shillings ; and if renewed,
two shillings and six pence.
For filing renunciation of executors and recording, two shillings, . . -
For a dedimus to prove a will and qualily executors or administrators, and copy of
oath, seven shillings, .-.--.--
For guardianship bond, letters and recording, fourteen shillings, - - -
For entering caveat, or withdrawing, two shillings, ....
For a search, eight pence, ._..-.--
For hearing a litigated cause, fourteen shillings, .....
For swearing and examining each witness, six pence, - . . -
For recording or copying any other writing, per copy sheet, five pence.
For filing petition for sale of testators' or intestates' eff'ects, examining into the
propriety of the proposed sales, and endorsing order thereon, four shillings
and eight pence, -...-.---
For examining the accounts of executors' and administrators' vouchers, and filing,
for the first year's account, fourteen shillings ; and for every other year, five
shilhngs.
COUNTY ATTORNEY.
For commencing and prosecuting an indictment, or information tried by the petit
jury, or confessed, one pound, .......
For entering a nole prosequi by order of court, five shillings, . . -
For commencing and prosecuting a scire facias, on forfeited recognizances, nine
shillings and four pence, .-.-.--.
COUNTY COURT CLERKS' FEES.
For the whole fee of a tavern license or permit, to relad spirituous liquors, and
bond and furnishing rates, nine shillings and four pence, ...
For every search, eight pence, ..-..-.
For reading any paper or record filed in court, six pence, . - - -
For every writ issued, two shillings, .......
For an attachment granted by the justice of peace, returnable to the court, and
putting the same upon the docket, one shilling and six pence, -
For every summons for a witness or witnesses, one shilling, . . -
For entering every cause on the docket to be charged but once, (except petition
summons,) six pence, ....-.--
For entering every special bail, two shillings, .....
03 00
OO 08
07 00
00 08
01 00
00 05
04 08
00 02
1 00 00
02 Ofi
03 00
07 00
14 00
02 00
00 08
14 00
00 06
00 05
1 00 00
05 00
00 06
02 00
01 06
01 00
00 06
02 00
IGO STATUTES AT LARGE
A. I), iri'l. For entering security lor cosw for persons out of the county, one shilling nnd six
For entering appeamncc of the defendant or defendants, except on summons and
petition, six pence. ...... - 0006
For all subsequent proceedings after writ to interlocutory judgment, inclusive, one
shilling, .... 01 00
For all other proceedings, to final judgment and verdict, three shillings and six
pence, ....-.---- 03 06
For all other proceedings, execution inclusive, two shillings, - - -_ 02 00
For filing the papers of each party in every cause where there is a jury or case
agreed, one shilling, - - - - - - -* " 01 (X)
Fot all and every other thing done by the clerk during the trial of any issue, two
shillings, 02 00
For entering every judgment and copy thereof, one shilling, - - - 01 00
For every recognizance, two shillings, - - - • - - 02 00
For entering an appeal nnd taking bond, and for returning the same to the office
of the clerk of the superior court, four shillings and eight pence. - - (M i>-
Forcopy of proceedings of the cause wherein the appeal is granted, for every
copy sheet, five pence, - - - - - - - - 0006
Foran attachment, one shilling and six pence, - - - - - 01 06
For issuing petition and summons, and entering return thereof, three shiUings - 03 00
For entering decree ond execution on summary process, three shillings and six
pence, .-..--.-.- 03 06
For recording every judgment or other writing, per copy sheet, or copy thereof,
five pence, ......... 00 05
For entering every loll of estrays, ond keeping the same affixed up at the court-
house, and all other incidental charges, three sliilUngs ■ - - 03 00
HIS FEES ON LETTERS OF ADMINISTRATION GRANTED BV THE COrNTV
roiRT.
For a citation, one shilling and six pence, • - - - - - 01 t)6
For each administration bond, one ehillitig, - - - - - - 01 00
For letters of appraisement, one shilling, - - - - - - 01 00
For a dedimus, one shilling, ........ 01 00
For probate of a will, one shilling, ....... 01 00
For granting letters testamentary with the will annexed, one shilling and six
pence, .......... 01 06
For recording any of the above instruments, nnd the appraisement for copy sheet,
five pence, ......... tX) 05
For examining the accounts of executors' and administrators' vouchers, and for
filing the same under the inspection of the county court, for the first year's
account, five shillings ; and for every other year, two shillings nnd six pence.
III. Ami he it furllier cnartcil by the nulhority aforesaid. Thai if anj'
Penalty on offi- of the ])iil)lic offifois of this State, or olhpr pof.-ioii or jiersoiis ("iililli-d to
lawfuUccf ""' f'''^'' ''y ''''^ '^"^f' "'"' '" ''""' •orei,'oiii:r lists, pailicttlarly nioiitioiied, shall
take or receive atiy fiirllier or other oi greater fee or reward, for any of
the services in the said forei;oiii;T lists respectively inciitioiied, or shall in-
vent or contrive any other or furlhcr fee or reward for any of the said
services, then, and in evi'iy stich case, the p<,-rson or ])eisons .so ofletiilinir,
iijioti due pioof and conviction, shall forfeit for the firsl offence, four times
the ain<jitiit of the sum so taketi, paid, or received, to he recovered iti any
cottrt of record in this State, one-half to be paid to iho person who sliull
sue for the same, and the other nioiely to bo ]>aid itito ihe public troastiry
for the use of the .Slate, except in smh counties wheie coiiniy coiitis ate
established, in which cases the said last nientiotied nioiety shall b<> paid
for the use of the (Mutnly ; and fur the secotid odenre, shtili stand divested
of his oflicc, and be rendered incapable of re-appointmcnt lo the sntne.
OF SOUTH CAROLINA. 101
and on information from the court, under hand and seal, the Goveinor A. D. irui.
sliall fill up the vacancy, if the Legislature should not be sitting, (and if in ^-'''"^''"^^-^
the county courts, the vacancy shall be filled up by the justices of the
said county.)
IV. And be it further enacted by the authority aforesaid, That the fol-
lowing officers, to wit, the secretary of the State, registers and conimis- Office hours for
sioners in equity, registers of mesne conveyances, ordinaries, and surveyor '^'^'■""" °""^^''^-
general, shall, and arc hereby directed to, keep their several offices open
from nine o'clock in the morning until three o'clock in the afternoon, each
and every day throughout the year, (Sundays, Christmas day, and the anni-
versary of the Independence of America excepted,) and the sheriflis and
the cleiks of all coiiits are hereby obliged to give constant attendance at
their offices, either by themselves or deputies, in their several and respec-
tive offices, which said offices shall be kept in the city, town, or village where
the respective court-houses are established ; and no person shall be com-
pellable to pay any of the aforesaid fees, unless at the time of the demand,
or before distress of goods is made, an account thereof shall be delivered,
signed by the officer to whom the same is due, specifying distinctly every
article in words at length, with the particular fee charged for it, and shall
give a receipt for the same, if required.
V. And be it further enacted by the authority aforesaid. That the several
clerks and registers of the courts of justice, and sheriffs, throughout t'le '-*j^"^^ "^jj^'^^
State, shall collect in and receive their own fees from the different suitors their own fees.
or persons who are liable to pay the same, in the said courts of justice re-
spectively, except where the plaintiffs or complainants in any suit shall
reside in foreign countries, or without the limits of this State, in which
case the agents or attorneys of the said plaintiffs or complainants shall be
answerable for the payment of said fees, except the clerks of the county
courts, whose fees shall be collected as heretofore.
VI. Ami be it further enacted by the authority aforesaid. That all former
and other Acts for regulating or establishing salaries and fees throughout Former acta re-
this State, or in the districts or counties thereof, and every of them, shall be, pealed,
and the same are hereby, repealed ; and this Act shall be held, deemed,
and taken as and for a public Act, and taken notice of as such, without
pleading the same, by all judges, justices, magistrates, and courts of justice,
within this State. ,
VII. And be it further enacted by the authority aforesaid. That nothing
herein contained shall extend, or be construed to extend, to any suit com-
menced or any duties of office done before the first day of March next.
VIII. And be it further enacted by the authority aforesaid, That this
Act shall be and continue in force for the term of four years, and from Limitation,
thence to the end of the next meeting and sitting of the Legislature.
In the Senate House, the fourteenth day of February, in the year of our Lord one thou-
sand seven hundred and ninety-one, and in the fifteentli year of the Independence
of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
VOL. v.— 21.
STATUTES AT LAKOE
No. 1489. AN ACT for the abolition of thk Rights of PKiMocKNrTURE, and
FOU GIVING A.\ EQUII'ABL'.: DISTlilUf TIO.V OF THE Re^I. EsTATES OF
Intestates; and foi: other i-ritrosEs therein mentioned.
WHEREAS, die Convention of this State, by the fiftli section of the
tenth aiticlc of the Constitution, jvasseJ the third liay of .June, in tlie year
„ , , of our Lord one thousand seven hundred and ninuty, did direct tliat tlie
rreanible. ,-, ,,i -ii "icii
Legislature should, as soon as niiglit be convenient, pass laws lor the abo-
lition of the ri'^hts of primogeniture, and for giving an equitable distribu-
tion of the real estates of intestates ;
L Be it therefore enacted, by the honorable the Senate and House of
Rislit of |)ri- Representatives, now met and sitting in General Assembly, and by the
nbofisiiVi'L'' authority of the same. That the right of primogeniture be, and the same
is hereby, abolished ; and that when any person possessed of, interested
in, or entitled unto a real estate in his or her own right in fee simple,
shall die without disposing thereof by will, the same shall be distributed
in the following manner:
1st. If the intestate shall leave a widow and one or more children, the
Disirihunon of -widow shall take one-third of the said estate, and the remainder shall be
divided between the children, if m(ue than one, but if only one, the re-
mainder of the estate shall be vested in that one absolutely forever.
2d. The lineal descendants of the intestate shall represent their respec-
tive parents, and be entitled to receive and divide equally among them the
shares to which their parents would respectively have been entitled, had
they survived the ancestor.
3d. If the intestate shall not leave a child or other lineal descendant,
but shall leave a widow and a father or mother, the widow shall be entitled
to one moiety of the estate, and the father, or if he be dead, the mother,
shall be entitled to the other moiety.
4th. If the intestate shall not leave a lineal descendant, father or mother,
but shall leave a widow and brothers and sisters, or brother or sister, of
the whole blood, the widow shall be entitled to one moiety of the estate,
and the brothers and sisters, or brother or sister, to the other moiety, as
tenants in common. The children of a deceased brother or sister shall take
among them respectively the share which their respective ancestors would
liav(- been entitled to had they surviveil the intestate.
5th. If the intestate shall leave no lineal descendant, father, mother,
brother or sister of the whole blood, but shall leave a widow, and a brother
or sister of the half blood, and a child or children of a brother or sister of
the whole blood, ihe widow shall lake one moiety of the estate, and the
other moiety shall bo eipially divided between the brothers and sisters of
the half blood, and the children of the brfithera and sisters of tlie whole
blood. The children of every decea.sed brother or sister of the whole'
blood taking among them a share equal to llio share of a brother or sister
of the half blood. IJut if there be no brotiier or sister of the half blond,
then a moiety of the estate shall descend to the child or children of the
deceased brother or sister: and if there be no child of n (leceased brother
or-sistcr of the whole bl I, then llio said moi(!iy shall descend to the
brothers and sisters of the half blood.
''>th. If th<! intestate shall leave no lineal descendant, father, mother,
iiiolli'-r or sister of the whole blond, or their children, or brother or sister nl
OF SOUTH CAROLINA. 163
the half blood, then the widow sliall take one moiety, and the lineal anees- A.L). I7',i].
tor Of ancestors, if any there be, the other moiety. v.<^-v-'««^
7th. If the intestate shall leave no lineal descendant, father, mother,
brother or sister of the whole blood, or their children, or brother or sister
of tlie half blood, or lineal ancestor, then the widow shall take two-thii-ds
of the estate, and the remainder shall descend to the next i>( kin.
8th. If the intestate shall leave no widow, the provision made for her
shall tro as the rest of his estate is directed to be distributed in the respec-
tive clauses in which the widow is provided for.
9th. In reckoning the degrees of kindred, the computation shall begin
with the intestate, and be continued up to the common ancestor, and
thence down to the person claiming kindred, inclusively, each step inclu-
sively being reckoned as one degree.
10th. On the death of any married woman, the husband shall be entitled
to the same share of her real estate as is herein given to the widow out of
the estate of the husband, and the remainder of her real estate shall be
distributed among her descendants and relations in the same manner as is '
heretofore directed in case of the intestacy of a married man.
11th. If the intestate shall leave no husband, the provision herein made
for him shall go as the rest of her estate is directed to be distributed in
the preceding clauses.
H. And lie it further enacted, That in all cases of intestacy the personal Personal
estate of the intestate shall be distributed in the same manner as real es- ''^""''■
tates are disposed of by this Act. '
III. And be it furtlie.r enacted by the authority aforesaid. That nothing
herein contamed shall be construed to give to any child or issue (or his or Property to be
her legal representatives) Nof the intestate, a share of his or her ancestors"''" -^
estate where such child or issue shall have been advanced by the intestate
in his lifetime, by portions or portion equal to the share which shall be
allotted to the other children. But in case any child, or the issue of any
child, who shall have been so advanced, shall not have received a portion
equal to the share which shall be due to the other children, (the value of
which portion being estimated at the death of the ancestor, but so as that
neither the improvements of the real estate by such child or children, nor
the increase of the personal property, shall be taken into the computation,)
then so much of the estate of the intestate shall be distributed to such
child or issue as shall make the estate of all the children to be equal.
IV. And he it farther enacted by the authority aforesaid. That no lands
or personal estate which shall be acquired by any person after the making Property not
of his or her will shall pass thereby, (unless the said will be republished,) ""=".''°"'''' '"
but every such person shall be considered as having died intestate, as to'' '^'
the said lands and personal estate, and the same shall be distributable ac-
cording to the directions of this Act.
V. And he it further enacted by the authority aforesaid, That where any
person shall be at the time of his or her death seized or possessed of any Disposing of a
estate in joint tenancy, the same shall be adjudged to be severed by tlieJ'"""""''"'^^"
death of the joint tenant, and shall be distributable as if the same was a
tenancy in common. .
VI. And he it further enarled by the authority aforesaid, That in all Yyi,,(,^g pf ..
cases where provision is made by this Act for the widow of a person dying sons dying in-
intestate, the same shall, if accepted, be considered as in lieu of, and in 'estate.
bar of, dower.
VII. And he it further enantedhy the authority aforesaid. That from ami
after the first day of May next, it shall and may be lawful to and for any
person who may be entitled to a distributive share of any estate, real or
164 STATUTES AT LARGE
A.U. I7D1. personal, ami shall have arrived to the aije of twenty-one years, or be
^-^'~^'~^-^ married, to apply l.y pulition to the court of" eipiily or c-oinmoii picas, (at
Peiition for the option of the party,) for a writ of ]>artiii<iii, to he directed to certain
distribiitioD of commissioners, authorizing and reiiuirinii them to divide the said estate ;
property. , , , ,, , ^ . ' .^ ..... ,
and the court shp.Il thereupon is.suc a writ of partition, in the same manner
as is directed for the admeasurement of dower, by an Act entitled " An
act for the moie easy and expeditious obtainin-j; the admeasurement of
dower to widows, of the lands of which their deceased husbands were
seized in fee at any time durini^ their inarrias^c;" and the commissioners so
to be appointed, being first duly sworn fairly and iinpaitially to discharge
their duty, shall proceed to execute the said writ, and return the same to
the court ; and when the said estate cannot, in the ojiinion of the commis-
sioners, he fairly and equally divided between the parties interested
therein, without manifest injury to them, or some or one of them, then they
shall make a special return of the whole property and the value thereof,
truly appraised, and certify their opinion to the court whether it will be
most for the benefit of all parties to deliver t)vcr to one or more of the
parties interested therein the property which cannot be fairly ilividcd,
upon the payment of a sum of money to be assessed by the said commis-
sioners, or to sell the same at public auction ; and the court shall proceed to
consider and determine the same, and if it shall appear to the court that
it will be for the benefit of all parties interested in the said estate that the
same should be vested in one person or more persons entitled to a ]>i>rtioii
of the same, on the payment of a sum >>f money, they shall determine ac-
cordingly ; and the said person or persons, on the payment of the consid-
eration money, shall be vested with the estate so adjudged to them, as
fully and absolutely as the ancestor was vested. But if it shall appear to
the court that it would be more for the interest of the parties that the same
should be sold, then they shall direct a sale to be made, on such a credit
and on such terms as lo them shall sc!em ri^ht ; and the property so sold
shall stand ])ledged for the jiayment of the purchase money.
VIII. And he it j'urt/ier eiiachd by the authority aforesaid. That the
Jii(lj;es to judges of the respective courts shall be, and they are hereby, aullmrized
mnkc rules, &c fiom time to time to make such rules and orders as may be necessary for
the purpose of carrying the foregoing clause into efl'ect.
IX. And be it furlker enacted by the authority aforesaid, That this Act
shall commence its operation on the first day of I^Iay next, but not sooner.
In the Senate IIouhc, the nineleentli day of rebrunry, in the year of our Loril one lliou-
0anJ firven hundrofl and ninety-one, and in the fifteenth year of tlic Independence of
the United States of Ainerico.
DAVID RAMSAY, Prexidcnl of the Senate.
JACOH HEAD, Sj,ra/ier of the House of Rein,s,„lulurs.
No. 1490. AN ACT to establish a Court of Eipiity wiiliin this Staii
(Passed February I!), 1701. Sec last rulume.)
OF SOUTH CAROLINA.
AN ACT to amenJ the several Acts for establishing and regulating the No. 1491.
Circuit Courts throus;hout this State.
(Passed February 19, 1791. See last volume.)
AN ACT to amend the several Acts for establishing County Courts ; No. 1492.
and for regulating and amending the proceedings therein ; and for sus-
pending the County Courts in the districts of Orangeburgh and Beau-
fort ; and ascertaining tlie duties of justices of the peace throughout the
State.
(Passed February 19, 1791. See last volume.)
AN ACT TO SUSPKND THE OPERATION OP THE LIMITATION AcT FOR No. 1493.
THE TIME THEREIN MENTIONED.
L Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of ^j^'.'' ^"^l?"".'''
the same. That the operation of an Act entitled " An Act for settling the period,
titles of the inhabitants of this province to their possessions in their estates
within the same, and for limitation of actions, and for avoiding suits at
law," passed the twelfth day of December, in the year of our Lord one
thousand seven hundred and twelve, shall be, and the same is hereby,
suspended, so far as the same shall extend to actions of debt, detenue,
covenant, and assumpsit, until the twenty-fifth day of March, in the year
of our Lord one thousand seven hundred and ninety-three.
II. And be it further enacted by the authority aforesaid. That no per-
son who, on the twenty-sixth day of March next, would be barred by or Barring the re-
for want of prosecution from the recovery of any lands or real estates, pertJ^ " ''™"
shall be barred on that day ; but that every such person shall be barred
on the first day of November, in the year of our Lord one thousand seven
hundred and ninetyone.
In the Senate House, the nineteenth day of February, in the year of our Lord one thou-
sand seven hundred and ninety-one, and in the fifteenth year of tlie Independence of
llie United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Rejiresentatives.
STATUTES AT LARGE
No. 1194. AN ACT FOR ukaou.ai.lv calling in and si.xking the Papeh Midiim
ISSl'DD BV VIRTUE OF AN AcT E.N'TITLED " An AcT TO ESTABLISH A
Medium of Circulation bv way of Lo.vn, ano to sf.<-i ue its Credit
AND Utility," passed October 12, 17S5.
I'rcombli'.
WHEREAS, it is necessary to call in and sink the paper medium
circulating in this State, as speedily as possible ;
1. Be it enacted, by the honorable the Senate and House of Rcpresen-
Mannerofcol- ^^'^^^*' '" ^''^"'^™' Assembly now met and silting, and by tlie autiiority
Icctiiig debts of of the same. That the borrowers of the paper medium, and tlie purchasers
borrowers of Qf projierty sold by tlie commissioners of the loan oftice, who have as-
dim, ami ih'eir sumed tlie debts of any of the borrowers, shall be obliged to pay into the
securities. hands of the commissioners of the loan ofiice one year's interest on tlic
first Wednesday in March next, and tlie same shall and may be recovered
in the way and manner prescribed in (he Act entitled " An Act to establish
a medium of circulation by way of loan, and to secure its utility," passed
the twelftli day of October, one thousand seven hundred and eighty-five.
And they shall also be obliged to pay to the commissioners of the loan
office one-seventh part of tiie principal sum borrowed, on the second
Wednesday in May next, and the same >hall be recovered in the manner
following : the commissioners, or a majority of them, shall, within two
weeks immediately following the said second Wednesday in May next,
(having previously advertised the names of the defaultei-s in the liazeltes
of Charleston and Columbia, with a notice that suits will be commenced
as hereby prescribed,) commence suits on the bonds, and jnoceed to fore-
close the mortgages, of such of the borrowers and other debtors as may
make default in the payment of the said ]>i'opoilion of their re.'^pectivo
debts, for threc-iiftlis of the principal sum borrowed ; and such suits and
proceedings shall be carried on without delay, and conducted to judgment,
decree, and execution, as soon as possible ; and as soon as the money is
recovered, the same shall be defaced and destroyed in the manner herein-
after directed : provided, neveilheless, that upon the payment of the said
one-seventh jiart of the ))rincipal debt by any of the said borrowei's or
other debtors, together with the costs of suit, at any lime before judgment
is actually obtained, such suits shall and may be discharged and ended
with respect to such bonowei's. And the borrowers and nihei- debtors
shall be obliged to pay one-fifth part of the original ]irinci|ial sum bor-
rowed, and the whole of the. interest then due, on the first Wednesday in
March, one thousand seven hundred and ninely-lwo, and so on annually,
until the whole sum iiorrowed, with the interest thereon, shall be fully
jiaid and dischnrgcMl, in jiaper medium or ijuld and silver; ami if default
be made in the payment thert'of at any of the times the same is hereby
made ])ayabh,-, the treasurer hereinafter nienti(ine<l shall, on the Wednes-
day four weeks then iminediutcly following, (having for three weeks pre-
viously thereto advertisc-d the morlgagi'd jnoperly tor sale in the (iazettes
in Charleston and Cnluinbin,) expose to public sale, to the highest bidder,
the whole ]>roperty so mortgageil or pledged by such defaiillers, for ready
money, in the jiaper mecluim or gold or silver coin current in this State ;
and the pa|)er medium i)aid to or recovered by the commissioners or trea-
surer, in the manner herein jirescribed, shoU be iinmediiitely defaceil by
them in such manner as to |)revent its future currency, and shall be then
delivered to a joint committee of the Senate and House of Reprcsenta-
OF SOUTH CAROLINA. 167
lives, to be by ihera burnt; except the interest which will be due and A.D. 17yi.
payable on the first Wednesday in March next, which stands pledged to ^-•''^^'^'-'
pay so much of the foreign debt.
II. And be it further enacted by the authority aforesaid, That in case
any property shouhl be directed to be sold by the commissioner aforesaid Commissioners
on account of the proprietor not having complied with the terms of this au'horized to
Act, and it shall appear clearly and evidently to the said commissioner, ibrMil'state'^in
that the property about to be sold will be disposed of so considerably be- certain cases,
low its intrinsic value as that the interest of the State will be materially
injured thereby, the said commissioners is hereby authorized and empow-
ered to purchase the property so offered for sale, for and on account of the
State.
III. Atid be it further enacted by the authority aforesaid. That if at
any time during the progress of callmg in the said paper medium, any of P^I'cr medium
the borroweis shall choose to pay in the whole sum borrowed, together |"i,g^f"jggmgj
with the interest thereon, the commissioners shall be obliged to receive
the same, and shall deface and deliver the sums paid in to the jomt com-
mittee of the Senate and House of Representatives, to be burnt, as in
manner before directed.
IV. And be it further enacted by the authority aforesaid. That the
eleventh clause of the Act entitled " An Act to regulate the payment and Former act
recovery of debts, and to prohibit the importation of negroes, for the time'^P^
therein limited," passed the fourth day of November, one thousand seven
hundred and eighty-eight, giving an option to purchasers at sheriffs or other
officers sale, to make payments in the paper medium, or in gold or silver,
be, and the same is hereby, repealed.
V. And be it further enacted by the authority aforesaid, That until the
whole of the said paper bills shall be called in and sunk by the operation of Bills to be
this Act, they shall pass in payment to the treasury of this State, in discharge state until
of all debts, duties, and taxes, which may grow due and payable to the called in.
treasury, and also in payment of the civil list expenses, and all the contin-
gent charges of Government.
VI. And be it enacted by the authority aforesaid. That should any Public faith
deficiency arise from the failure of the borrowers of the paper medium, ^a^e sood any
that the public faith be, and the same is hereby, pledged, to make good deficiency.
the said deficiency.
VII. And be it enacted by the authority aforesaid. That the office and
salary of the commissioners of the loan office shall cease after the first day Commissioners
of June, one thousand seven hundred and ninety-one, and that the said account of their
commissioners shall deliver over to the treasurer in Charleston, all the "'''"sections to
books, papers, and paper medium, relative to the said loan office, taking"^ egis autre
the treasurer's receipt for the same, and to render an account of their trans-
actions in the said loan office to both branches of the Legislature at their
meeting in November next; and that the powers and authorities and duties
vested in the commissioners of the loan office, from and after the first day
of June next, be, and the same are hereby, vested in the said treasurer.
In the Senate House, the nineteenth day of February, in the year of our Lord one thou-
sand seven hundred and ninety-one, and in the fifteenth year of the Independence of
the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
STATUTES AT LARGE
No. 1495. AN ACT for bstaulisiiinu the mode of granting tiu: Lands now
VACANT I.N this StATK, AND FOR ALLOWING A COMMUT.tTIO.N TO BE
UECElVtD FOR SO.ME LaNDS THAT UAVE BEEN GRA.NTl.D.
WHEREAS, all the valualjle lands in this State have already been
p ,1 granted, and such as are now vacant will remain so, if tiie sum of ten dol-
lars, in indents, be required by the public for every hundred acres thereof,
and no taxes will be paid for tlie same :
I. Be it t/icicfore enacted, by the honorable the Senate and House of
Repiesentatives, now met and sittinc; in General Assembly, and by the
Ports of authority of the same, That so much of the first and second sections of an
p'ea'led.'"^'^ "'' ^'^^ entitled " An Act for establishing the mode and contlilions of survey-
ing and granting the vacant lands within this Stale," passed the twenty-first
day of ^Iarcll, 1784, and that so much of the first section of an Act enti-
tled " An Act to alter and amend an Act entitled an Act for establisiniig
the mode and conditions of surveying and granting the vacant lands within
this State, and for otlier jiurposes therein mentioned," passed the 24th of
March, 178-5, as relate to the granting and selling such lands within this
State as are now vacant, at the rate often dollars for every hundred acres,
be, and the same is hereby, repealed ; and that such vacant lands be
granted to any citizens applying for the same, on paying the fees of oflice.
IL And whereas, grants for many thousand acres of land within this
Former grants. State have been obtained at the rate of ten th)llars, in indents, for every
hundred acres, and some of the grantees have suflercd their grants to re-
main in the secretary's office without applying for them, and where such
lands have been put up for sale by the treasurers on account of the non-
payment of the said ten dollars per hundred acres, the sums produced by
such sales were very trilling; Be it tlu-njore enacted by the authority afore-
said. That where lands have been so granted, and have not been resold
by the treasurers, it siiall and may be lawful for the treasurers, anil they are
hereby required, on receiving four shillings and eight ])ence, sjiecie or
paper medium, from the grantees of the said land, for every hundred acres
thereof, in lieu of ten dollars m indents, to give the grantee ])aying such
commutation a discharge for the same, and an order on the secretary of
State to receive his grant on payintr the fees ; and the said secretary is
hereby required, on receiving such order ant! payment, to deliver the grants
to the grantees respectively who shall be sn fiititied to them.
. . III. yl«<Z iir /V/v/r^Z/tv c««c/r(/ by the authority aforesaid, That all grants
to sell ffriinis of land ill the secretary's oMice, and which shall not be taken out within
not called for twelve months from the passing of tliis Act, be then sold to the highest
"''"'"." """^ bidder by the commissioners of the treasury.
IV. And he it further enacted by the authority aforesaid, That where
Gmiiis to be any person or |)ersons have paid aggregate sums into the treasury ns a por-
8ol(l when not ^\^J^ ^y^ Y>^vl of the |)urcha.se money due to the State for divers tracts of
paid for. '* land, without ascertaining tlio j)articular tract or tracts which they would
be understood so to have ]iaiil for, that in all such ca.ses the commissioners
of the treasury may sell such tiact or tracts, or ns much thereof as may be
suflicient to make up the balance due to the State, as have been granted to
such person, and aro not paid for, as tiiey may think proper, at public sale,
under and by virtue of this Act.
V. And lie it further enacted by the authoniy aforesaid, That the Go-
vernor for the time being be, and he is hereby, authorized and empowered
OF SOUTH CAROLINA. 109
to appoint a proper person as commissioner of locations iu each of the A.D. 17!>l.
location districts in this State, which commissioners shall observe all such „^""^^^^~""*^
regulations as are by law established for regulatinij the mode and conditions appoint"'^
of surveying and granting the vacant lands in this State. commissioners
VI. And be it fiirtlier enacted by the authority aforesaid, That this Act "'^'"'^'""'"''•
shall not be considered to be of force, so as t ) enabU; anv sui-vey whereon , ■■ .. e
r. -, 1 ii-,.i-, - ,-• Application of
to round a grant under and by virtue ot this Act, nor any application to ^lus Act.
relapse any survey already made be effectual, till after the first day of
April next, but that all and ev;My person or persons who have already
made surveys of any land, or shall make surveys of any land before the
first day of April, may be at lib3rty to carry the same into a grant on the
payment of one dollar per hundred acres, as prescribed in the second en-
acting clause of this Act.
In tJie Senate House, t!ie ninsteeuth Jay of Feuraary, in tlu year of our Lord one tliui-
sand seven hundred and ninet-y-one, and in t!ie liftjani!) yjar of tlie Ind^^pendeace oi
the United States of America.
DAVID RAMSAY, Pre.vdent of the Senate.
JACOB READ, Speaker of t/te House of Rcpresejilatives.
AN ACT PilR ESrABLISHING AN KASIER A.VU CHliAPEU MODE OP KECOV- No. 1496.
EKING MONEV SECURED BY MORTGAGK ON RKAL ESTATES ; AND BARRING
THE EQUITY OP REDEMPTION ; AND FOR ABOLISHING THE FICTITIOUS
PROCEEDINGS IN T!IE ACTION OF EJECTMF.NT.
WHEREAS, mortgages are generally meant merely as securiliesfor debts,
and no actual estate is intended to be conveyed by the mortgager to the
mortgagee, but the mortgaged estate is intended, and ought to be considered,
only as a pledge for the payment of the principal and interest due on the
debt meant to be secured ; and whereas, the present mode of foreclosing
mortgages of real estates is tedious and expensive, and the right of the
mortgager to his equity of redemption is, in the present mode of exer-
cising that right, attended with inconvenience : Now, for the easier and
speedier advancement of justice, in obtaining the payment of debts secured
by mortgage, and for ascertaining when the equity of redemption of the
mortgager shall be barred,
I. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same. That on judgment being obtained in the court of common pleas J'''°'-"?^'^"'S^ '"
on any bond, note, or debt, secured by mortgage of real estate, it shall and mortgage,
may be lawful for the judges of the court of common pleas, in case of any
judgment having been obtained subsequent to the property being mort-
gaged, and prior to the obtaining judgment in the action hereby allowed
to be commenced, to order the sale of the mortgaged property for the sat-
isfaction of the monies secured by the said mortgage, and to give a reason-
able extension of the time when the sale is to take place, not exceeding
the term of six months from the judgment, and also to give a reasonable
credit on the sale of the mortgaged premises, not exceeding the term of
twelve months from the sale ; and the mortgager shall be forever barred
and foreclosed by such sale from his equity of redemption, in as complete
VOL. v.— 22.
170
STATUTES AT LARGE
entitled to
puBStission.
a manner as if t))c same had been foreclosed in a court of chancery; any
law, usatte or custom to the contrary thereof in any wise notwithstanding.
Provided always, that if at any time hefnre snch sale, the moilirager shall
tender to or pay into the hands of the plainlifi', iirhis airciit or allorncy, or
to the sheritt', all the jirincipal money and interest meant to he secured hy
such mortnfai^e, and also all tlie costs of suit, the sale shall not lake place,
but the mor!<^a?ee slinll enter satisfaction on the said raortgaee, and the
mort'^anjed premises shall be forever exempt from the said mortgage.
II. And /jc it fur/f/tr rii</rt(<? hy the authority aforesaid. That no mort-
Mori£a;cc not gagee shall be entitled to n)aintaiii any jxisscssoiy action liir the re:d estate
" " moilgaired, even after the time allotted for the jiayment of the money
secured by mortgage is elapsed ; but the moitgager shall be still deemed
owner of the land, and the mortgagee as owner of the money lent or due,
and shall be entitled to recover satisfaction for the same out of the hind, in
tlic manner above set foith. Provided always, that nolhing herein con-
tained shall extend to any suit or action now pending, or when the mort-
gager shall be out of possession, nor to contravene in any way the Ordi-
nance entitled " An Ordinance to encourage subjects of foreign states to
lend money at interest on real estates within this State," nor to deprive
any piMson or persons of any tight which he, she or they may have at the
time of passin<r this Act.
III. And he. it further enacted by the authority aforesaid. That where thi-
Id case of dif- same lands are mortgaged at <livers limes, the debts meant to be secured
lercntinortga- j,y such mortgages shall be paiil in the order the same are recorded, agree-
al)le to law, and in no other order; any law, usage or custom to the con-
trary theieof in any wise notwithstanding.
1\'^. And whereas, since the disuse of real actions, the common method
of trying the title to lands has been by action of ejectment, which, de|)end-
iny u])on a variety of legal fictions, is rarely imderstood but by ])rofessors
of the law; in order to render more plain the mode of trying the title to
lands in this State, lie it e/uieteil by the authority af iresaid. That the
method of trying the title to lands or lencmeiits within this State sliall be
henceforvvanl by action of trespass, wherein the real name of the |)laintifl'
and defendant shall be used, and not fictitious names ; and if the jury shall
find for the ])laiiililf, they are also hereby empowered, in the same verdict,
to award (hiinages for mesne jirofils, and the judgment shall be eiilercd
on such verdict, as well for the damages as for the rt'covery of the hind;
and the plaintiff, on such judgment, shall be entitled to a writ of possession
for the land, and to an execution for his damages.
V. Anil he it further rniicted by the authorily aforesaid, That every Act
of Assembly rehitive to aclions of ejectment, shall heiiceforwnnl be con-
strued to relate to sucli actions of trespass where the title to lands shall
come in question.
In ilin Srnnic Hiiuar, the ninrtccnili diiy nf Fibrunrv in the yoar of our l^rd one lliou-
Kiind ncvcn liiiiiilri il nnd ninrtv-oiic, uiid in the fincrDlli ycnr of the Iiide|ieiidrncu
of the t'nited .Slutcs iif AnK'ritn.
Trvinu the
titfc to land
DAVID RAMSAY, President of the Senate.
JAdOli UliAl), Sjiealicr of the lloutc i)f llrprctcntatircs.
OF SOUTH CAROLINA. 171
A. U. I7!il.
^iV ACT TO PROVtDE PUR TME FINAL SETTLEMKNT OF THE ACCOUNTS No. 1497.
OP THE POKMER COMMISSIONERS OF THE TREASURY, AND OTHER PUB-
LIC Departments, and of all other persons having accounts wiih
THE State.
WHEREAS, it is ordainec] in and by the fifth of the additional articles
to tlie Constitution of this State, passed at Columbia, the third day of June,
in the year of our Lord one thousand seven hundred and ninety, that the Preamble.
Legislature " provide for the annual and final settlement of the accounts
of the commissioners of the treasury, so that the pecuniary interest of the
State be duly attended to, and the persons who faithfully discharge the
duties of that important office be quieted tberem, and their securities
released, in a fixed and reasonable time." And whereas, in order to carry
the said article fully into effect and to ascertain the real state of the public
accounts of this State, and to enforce a settlement with the public by those
persons v\ ho have been in any way entrusted with the collecting and payment
or disbursement of public money, it is become necessary to close the public
accounts at a day certain, and to appoint proper persons as commissioners
to examine and adjust and settle the public accounts :
L Be it tJicrefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the p„[,iic officers
authority of the same, That the commissioners of the treasury, the auditor tu render their
general, collectors and receivers of ihe public tax, and all other persons commissioners
vviiose accounts remain unsettled, shall forthwith make out and close the
same up to the twentieth day of February, in the present year, and sub-
mit the same, with proper vouchers, for the inspection, adjustment and
final order of the commissioners to be appointed by virtue of this Act.
n. And be it further enacted by the authority aforesaid. That three com-
missioners, to be elected by joint ballot of the Senate and House of Repre- Commiseionen
sentatives, during the present session, shall be appointed commissioners, of accounts to
with full power and authority on the part of this State to examine into, ^(ie'^wis"aiure
adjust and settle the accounts of the piesent and all former commi-ssioners
of the treasury, and all tax collectors and receivers, and of all and every
other agent or agents, board, person or persons, who have at any time
heretofore been entrusted with the collection and disbursement of public
money in any way or manner whatsoever, and whose accounts remain un-
settled and not finally closed ; and on a thorough investigation and exam-
ination, and having proper vouchers and evidences exhibited to them, to
close and settle with such person or persons, and the heirs, executors or
administrators of such as may have departed this life, an acquittance or
other sufficient discharges, in the name and for and on behalf of this State,
to give ; and also to deliver up and cancel all and every such bonds and
obligations as are or may remain in the treasuiy or secretary's office of this
State, so that persons faithfully executing the duties of their respective
offices, their securities, and the heirs, executors and administrators of such
persons and their securities, may be quieted and forever discharged from
their said obligations.
in. And in order to enable the said commissioners fully to carry this
Act into execution, and to ascertain the real state of the pecuniary interests Powers of the
of this State, 5e it enacted by the authority aforesaid. That the said com-*^
missioners, or any two of them, be, and they are hereby, authorized, enjoin-
ed and required to call to an account and reckoning, and to settle with,
commissioners..
172 STATUTES AT LARGE
A.I). ITni. all and evi^ry such ])erson and persons as have filled the office of coninjis-
^■^'"^'"^^ .sioners of the treasury of this State, and with the heii^s, executors and
administiatcir.s of such as may he dead, all collectors and receivers of the
public tax, and all and every such person and persons as have acted as
agents or hoards, and all other person or persons whomsoever, who at any
time or times heretolbre have been entrusted or concerned in the collec-
tion and receipt or payment and disbursement of public money, and the
heirs, executors or administrators of such as may be decea.sed ; and in
case of refusal or nectlect in any person oi persons to render such account,
and to make i)ayments of any balance or balances in their hands, to pros-
ecute, on the part and hehalf of this State, any action or actions, suit or
suits, in law or erpiity, for the recovery of any sum or sums of money that
may be found in arrear, due, owinc; or payable to this State, and the same
to final judtjnn nt and execution to ])rosecute, and to jiroceed to the seizure
and sale of the goods, chattels and effects of such debtor or debtors, or to
the imprisonment of his or their persons ; in such way or manner as to
the said commissioners, or any two of them, may seem fit and meet for the
benefit of this State.
IV^. A/id be it further enacti'd by the authoiity aforesaid, That the
Commissioners said commissioners, in the execution of the trust hereby reposed in them,
empowered to ^^^ j^ enable them to obtain tlie fullest and most nerfect information on
senator persons , , . ,. , ■ • • i >, i en i i ■ i
and papers. tnc object oi their commission, snail nave tuil power anil authoiity to semi
for and examine any poison or persons on the subject of the accounts, re-
ceipts and disbursements for and on bcluill'of the public ; and also to order
the attendance of all or any of the pieseut or former conimissioneis of the
treasury, auditor general, oi other public officer or officers of this State,
for the purposes aforesaid. And in case any person suminimed to appear
before the said commissioners sliall refuse to appear, or, when appealing,
shall refuse to be examined or to give such information, on oalli oi' afliniia-
tion, as may be consistent with his, her or their knowledge in the premises,
that it shall and may be lawful for the said commissioners, or any two of
them, to commit such person or persons to close prison, in any common
gaol of this State, until he, she or they shall submit to be examined by the
said commissioners, or any two of them ; and all and singular the sheriffs,
gaolers and other jxiblic officers, are liereby requirid to be aiding aii<l
assisting to the said coinmissionei's, in enabling them fully to cany this
Act into effect.
V. And he it further eixietcd by the authority aforesaid. That it shall
And to vixit and may l)e lawful to and fur the said commissioners, or any two of them,
the treusu'ry, "' all times iluring the continuance of this Act, to visit the public treasury,
&c. the offices of the tax collectors, or any of them, and to point out and direct
the manner in which the accounts of tiie treasury, tax collectors, or other
officers, shall bo kept; and lo direct such statements, accounts and docu-
ments to be made out and jneparcd for the use of the Legislature, or <if
the said commissioners, as they shall deem necos.sary to exjilain or illus-
trate their reports, or to aficertain the true balances of the public debts and
credits of the State.
VI. And be it further enacted by the authority afon-saiil, That the
Torcportio said commissioners, or any two of them, shall, from tinx- to time, rejiort
ilic legislature. ,,„j ||,y \^^.^\yyc ,1,^. Legishiture of this State a full slatemcnl of their pro-
ceedings in the premises.
Outli to be Vll. And be it further enacted by the authority aforesaid. That before
lukcn. any of the said commissioners shall take upon him the duties imposed by
this Act, hi! shall take an oath, bi fore some one of the judges o\' the suj>e-
rior court of this Stale, well and faithfully to execute the tnisl hereby ro-
OF SOUTH CAROLINA. 173
posed ; anti the saiJ commissioners shall cause an oath to be administered A. U. 1791.
to each and every clerk by them to be employed, well and faithfully to ex- ^-^""v""^-^
ecQte the duties imposed on them, and to keep secret such matters as may
be enjoined them by the said commissioners, or a majority of them.
VIII. And he it further enacted by the authority aforesaid. That each of
the commissioners appointed by virtue of tliis Act shall be entitled to re- Salarv of the
ceive, as a i-eward for his services, the sum of five hundred pounds sterl- '"°'"°"''*"°"'^''^'
ing annually, over and above all cliarges of stationary and other expenses
necessarily to be incurred, except the hire of clerks, in and about execu-
ting the duties imposed by this Act.
IX. And he it further enacted by the authority aforesaid. That this Act
shall be taken as a public Act, and shall be judicially taken notice of as This a public
such, and may be given in evidence as such in all courts of judicature of Act.
this State, without special pleading; and that if the said commissioners, or
any of them, or any person or persons employed by them, in and about
executing the duties prescribed by this Act, shall be sued or impleaded for
any thing done by them, or any of them, in the execution of the same, and
a verdict shall pass for the defendant, or the plaintiff shall suffer a nonsuit
or discontinuapce, the defendant or defendants shall recover treble costs.
X. And he it further enacted by the authority aforesaid. That the trea-
surers now to be elected shall, from the day of their appointment, com- Treasurers to
raence and open a new set of books, totally unconnected with the past "I?^" a uew set
transactions of the treasury office, and keep the same after the Italian
method of book-keeping; and they are hereby required and directed to
balance their books on the first day of October in every year, and lay a
statement of the same before both houses of the Legislature, on the first
day of their meeting, annually. Provided always, that nothing herein con-
tained shall extend or be construed to extend to deprive the commissioners
of the treasury of the power of demanding, receiving and compelling the
payment of debts due to the State, agreeably to law.
XI. And he it further enactedhy the authority aforesaid. That this Act
.shall be in force for the space of three years fr-om and after the passing Limitation
thereof, and from thence to the end of the next sitting of the General As-
sembly ; unless the objects thereof shall be sooner accomplished, and the
Legislature be enabled to discharge the commissioners from the trusts
created by the same.
In tlie Senate House, the nineteenth da j' of February, in the year of our Lord one thousand
seven hundred and niuety-one, and in the tlfteentii year uf the Independence of
the United States of America.
DAVID RAMSAY, President rf the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ACT FOR LOVXING TO THE UnITED St.\TES A SUM OP THU INDENTS No. 1498.
OF THIS State, under certain limitations therein mentioned.
Loan to the
I. Be it enacted by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority,
of the same. That the commissioneis of the treasury, or any one of them, United"st'ate3.
be authorized, required and directed to subscribe, in behalf of this State,
on loan to the United States, on the last day of September next, so many
174
STATUTES AT LARGE
A. n. 1791. of the fundable indents of this State as may then ho in their possession,
^-^""^^^^^ which, when added to the amount of private subscriptions, wll make in
the whole four millions of dollai-s, or as near thereto as may be, but in no
case to exceed that sum ; and to receive in lieu thereof, in behalf of the
State, from the commissioner of loans, the funded certificates of the Uni-
ted States, in such suras as they may deem most convenient.
II. And be it further enacted by the authority aforesaid. That each and
Imdents not to every officer of this State who has or who may received indents iu
be exchanged, behalf of the State, is hereby reijuired to retain in his possession, orjiay
over to the treasury, as the ca.se may be, the identical indents he or tliey
have received or may receive : and if any officer who has received or may
receive indents of this State, shall presume to exchani^e fundable indents
for such as are not fundable, such officer shall, on conviction thereof, for-
feit his office and double the nominal sum of indents so exchanged.
in. And he it further enacted hy the. authority aforesaid. That the com-
missioners of the treasury take forthwith an account of all indents in their
possession, distinaiuishinq those which are fundable from tiiose wliich arc
not, and those which are cancelled from those whicli are not, and report
the same to the Lej^islature, when sitting, or, in their recess to his Excel-
lency the Governor ; and the commissioners of the treasury, and all other
officers of the State who have received or who may receive fundable in-
dents on behalf the State, are hereby reijuiied to forbear from cancellinij
the same till the last day of September next ; any law, usage or custom to
the contrary notwithstanding.
In the Senate House, tlie nincteeLitli day of Fobrunry, in the yeor of our Lord one Uiou-
sand seven hundred and ninety-one, and in ihe^ fiftecntli year of iJie Independence
of the United Stales of America.
DAVm RAMSAY, President of the Senate.
JACOB READ, SpcaliernftheHousenfRepreiientntircn.
Return to he
made of all
indents.
No. 1499. AN ACT EMPowi;Rixci Tin: Tiii:asurers to i.-.sif. Imii:nts to sundry
PERSONS WHOSE ACCOUNTS WERE RETURNED TO THE AuDITOR Ge.M;RAI.
WITHIN THE TIME rHESCRIIlIlD IIV LAW, THE VOUCHERS FOR WHICH WERE
IN THE roSSKSSION OP THE LATE Wm. ArTHUR, EsU. AuDITOR FOR
Oranceruroh District, as well as sundry oriiEit accounts deliv-
ered IN TO the said Wm. Arthur, Esq. within the time prescri-
bed IIV LAW, BUT WHICH ACCOUNTS A.VD VOUCHERS, OWING TO THE
Dr.ATII OF THE SAID Wm. ArTHUR, EsQ. ARE LOST OR MISLAID; AM>
POR OTHER PURPOSES Tlir.RIMN MENTIONED.
WHEREAS, sundry accounts received by the auditor general, within
the lime prcscribeil by law for receiving accounts, havi; nevet been passed,
owing to the vouchers having been retained by the late William Arthur,
Esquire, Auditor for Oraiigeburgli district ; and wlierea.s, sundry oilier
accounts, which were receiveil by the said William Aithur, Escpiire, with-
in the time |irescribed by law for receiving accounts, which said accounts
and vouchers, owing lo the dentil of the said William Arthur, Es(|uire, are
lost or mislaid ; and whereas, sundry of the accounts received by the audi-
OF SOUTH CAROLINA. 175
tor general were for specific articles supplied the troops of this State, as A. D. 1791.
well as the troops of the United States, and for which no prices appear to ^-^^v->..x
have been fixed :
I. Be it enacted, by the Senate and House of Representatives, now
met and sitting in General Assembly, and by the authority of the same, settle the said
That in every such case the treasurers be, and they are hereby, authorized nccoimta.
and required to allow such reasonable prices for the same as may appear
right, not exceeding the prices allowed by Congress for such specific
articles.
II. And be it farther enacted by the authority aforesaid, That the trea-
surers be, and they are hereby, authorized and required to issue mdents to Indents to be
the amount of all such of the said accoimts as may appear on oath to have '"■'""
been received by the auditor general, as well as those retained by the late
William Arthur, Esq. auditor for Orangeburgh district, (except where in-
dents have been already issued,) with interest thereon from the first day of
April, one thousand seven hundred and eighty-three, on their producing
the said original accounts, and such vouchers as can be obtained to support
such of the accounts as were received by the auditor general, and proper
vouchers for such of the aforesaid accounts as have been retained by the
said William Arthur.
Jn the Senate House, the nineteeth day of February, in the year of our Lord one thou-
sand seven hundred and ninety-one, and in the fifteenth year of the Independence
of the Uuited States of America.
DAVID RAMSAY, President if the Senate.
JACOB READ, Sjieaker of the House of Representatives.
AiV ACT" AUTHORIZING THE INHABITANTS OP THE ELECTIVE DiSTKICTS, No. l.'iOO.
WHERE County Courts are not established, to choose Commis-
sioners OF the Poob.
WHEREAS, it will conduce much to the convenience of the inhabi- Preamble,
tants, where county courts are not established, to have commissioners of
the poor :
I. Be it therefore enacted., by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That the respective managers of the election for ^5'™"'''''''°"^''^
members of the Legislature in the said election districts shall, and they i,e elected.
are hereby authorized and required to, open a poll for the election of com-
missioners of the poor, not exceeding five ; the first election to be held on
the first Monday in April next, and at all times thereafter at the same
times and places, and in the same manner as are usual for the election of
members of the Legislature ; and that all persons who have a right to
vote for members of the Legislature, shall be entitled and have a like right
to vote for the said commissioners.
II. And be it further enacted by the authority aforesaid. That the said
commissioners of the poor, elected as aforesaid, shall have the oversight. Power' of the
ordermg and relieving ot the poor, in the said elective districts respec-
tively ; and shall have power to demand ami receive all such gifts and
legacies, and all such fines and forfeitures, and any other monies or things
commissioners.
176 STATUTES AT LARGE
A. D. 1791. whatsoever, as are given to. the use of the poor; and in case of refusal to
^-^""^"'"'^^ deliver or pay the same, to commuiice and prosecute any lawful suit or
action for the recovery thereof.
III. Aud be it further enacted by the authority aforesaid, That the
I'ooroftlie poor of the elective districts respectively shall lie relieved and educated
districts how ^^^^^ ^^f jj]| jj,(.|, phoney, sjoods or ihitiirs, aud out of such fines, mulcts and
to be relieved. ^ ^ . ■ ,i , "^ ^ i ,■ i . i ■ i
lorteitures, assliall be given to the use ot the poor. And m ca:5e the same
shall not be sufficient for the relief of the poor, and the education of
their children, ami of jioor orphuii children, that once in every year, at any
time within two months after the first day of January annually, it shall be
lawful for the said commissioners, in the election distncts respectively, to
assess such sum or suras as shall be sufficient for that jnirpose ; the said
assessments to be made ciiually upon the estates, real and per.'jonul, of all
and every the inhabitants, owners and occupiers of the lands, tenements
and hereditaments, or any personal estate, withiti the several districts.
And in case any person or persons sh;ill refuse or neglect to pay the sum
or sums wliich they may be assessed, it shall and may be lawful for the
said commissioners, or a majority of them respectively, to issue their war-
rant of distress asjainst such defaulter, which shall be levied by any of the
constables in the said respective districts, in the same manner, and sales
shall be made on the same terms, as in cases of distress or sales for public
taxes.
IV. And be it further enacted by the authority aforesaid. That in case
Commissioners ^"y P"or children shall be chargeable to the respective districts, it shall
may bind out and may be lawfid for the commissioners of such district to bind any such
oslipprcntices child or children out to be an apprentice, until every male child shall arrive
to the age of twenty-one years, and every female until she shall arrive
unto the age of eighteen years, or be married.
V. And be it enucted by the authority aforesaid. That the said commis-
sioners when elected as aforesaid shall be obliged to serve, under the pen-
Penalty on j^]ty of foifeitinij five pounds for each person elected as aforesaid refusino
commissioners ^,,.. '^ ^ .ii *,, , ini
refusing to "■" I'cclimng to serve ; provided nevertheless, that no person shall bo
serve. obliged to serve more than two years in six ; and they shall continue to
exercise the duties, powers and authorities wliich they are hereby vested
\vith, for and during the term of two years, to commence from the time of
their respective elections, except as to the first election to be made by
virtue of this Act.
In Senate House, the nincleeiith day of Fol)niary, in the year of our I^ord one thousand
seven hundred and ninety-one, and in the lifteenth year uf the Indejiendence of
the United States of America.
DAVID RAMSAY, Prc.iidml of the Senate.
.lACOn III J AD, Sjieaker ffthe Hou.te if Rejircscnfativcs.
No. 1501. AN ACT TO si:rriir.8s tiik pkumcious practice, axd prrven't the
EVII. COSSP.Qt'ENCIlS, oK KXCESSIVE AND UECKTmi. (! VMINfJ AND .SwiNII-
LINO, ANU OTHER PR.\CTICES TIIKUEI.S MENTIOMU).
WHEREAS, a number of idle persons, of ill fame, who have no visi-
ble means of obtaining an honest and reputable livelihood, have of lute
OF SOUTH CAROLINA. i''^
inilsted this Sate, and have been too successful in carrying into eftect ^-^ '''"■
their deceitful, gambling and swindling practices, drawing into their wily ^-^~^^~^-'
snares many ignorant and unwary persons, to their prejudice ; in order,
therefore, to prevent, as far as possible, such dangerous and evil practices
in future,
I. Be it therefore enacted by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That from and immediately after the passing of this pe„aity on
Act, if any person or persons shall inveigle or entice, by any arts or devi- Raming, swind-
ces, any other person or persons to play at cards or dice, or any other game, "'S'
or bear a share or part in the stakes, wagers or adventures, or bet on the
sides or hands of such as do or shall play as aforesaid, or shall sell, barter,
or expose to sale any kind of property which has been before sold, bar-
tered or exchanged by the person so selling, bartering or exchanging, or
by any person or persons, to his or their benefit or advantage, so selling,
bartering or exchanging, in any house or other place within the State, or
be a party thereto, or overreach, cheat wr defraud by any other 'cunning
swindling arts and devices, that so the ignorant and unwary, who are delu-
ded thereby, lose their money or other property, every such person exer-
cising such infamous practices shall, on conviction thereof, in any court of
this State exercising criminal jurisdiction, by trial by jury, be deemed
guilty of enticing, inveigling, defrauding and swindling, shall forfeit a sum
at the discretion of the court and jury, besides refunding to the party ag-
grieved double the sum he was so defrauded of; and if the same be not im-
mediately paid, with costs, every such person or persons shall be commit-
ted to the common gaol or house of correction of the district or county
where such person or persons shall be convicted, there to continue for any
time not exceeding Six months, unless such fine or fines, with costs, be
sooner paid and discharged.
n. And he it further enacted by the authority aforesaid. That complaint
on oath being made to any one of the justices of peace within the State, jus,i(.ps of the
of any person or persons having defrauded the party complaining, by in- peace to cause
veigling, enticing, or by any swindling practices, within the meaning of this a,mrehended
Act, be shall issue his warrant directed to any sheriff or lawful constable, who
is thereupon to apprehend such person or persons and bring him or them
before any one of the justices of the peace of the State, with the cause of
his detention, who shall theieupon hold the party so brought before him
to bail, with one or more sufficient sureties, to appear at the court of the
district or county, having jurisdiction to try such cause, that shall happen
thereafter, and answer to any information to be then filed against him or
them by the party so injured ; but if the party refuse to give bail as afore-
said, the said justice of peace shall be, and he is hereby, authorized and
required to commit him or them to the common gaol of the district or
county in which the complaint is made, there to remain until the next sit-
ting of the court of the district or county having jurisdiction to try such
cause, then to be brought up for trial.
III. And whereas, the occupation of seafaring men, and the residence
of such inhabitants of the State as are at a great distance from the city of Court of ward-
Charleston, rendering it inconvenient and expensive to such persons (hav- '^jl'' '? try.all
ing been defrauded within the said city) to wait until the sitting of the ciiarlestoa.
court of sessions for the purpose of prosecuting to conviction offenders
against this Act, but would rather submit to the loss sustained, if not very
great ; therefore, for the relief of such persons, it is necessary that such
offenders within the city of Charleston .should be brought to a more speedy
trial ; therefore, for that purpose. He it further e?Mcted by the authority
VOL. v.— 23.
17S STATUTES AT LARGE
A. I). ir'.M. aforesaid, That the court of wardens of the city of Charleston be, and the
^'-'^"^^"'*^ said court is hereby, authorized and empowered to try all oflcndcrs
against this Act, upon tlie principles of law in criminal cases ; provided,
that a jury is drawn from amonj^ tlic citizens of Charleston for that
purpose.
IV. Andhe.il further cnuctcd by the autliority aforesaid. That the City
be dravvii'" '" Council of Charleston is hereby authorized and empowered to res^ulate
and direct the mode and maimer of drawing such juries; and that the jurors
s(t drawn shall be liable to the same penalties for non-attendance as the
jurors of the superior court of sessions are by law subject to.
V. And he it furl her enacted by the authority aforesaid, That all notes, bills,
bonds, iudmnents, mort^aws, or otiier securities or conveyances whatsoev-
hccurilies for „ j • i • . .11
eambline debts ''■"> g'^'en, granted, or entered mto, or executed by any person or persons
void. whatsoever, where the whole or any pait of the consideration of such con-
veyances or securities shall be for any money or valuable thing whatsoever
won by cock-fighting, horse-racing, or by gaining orplaymg at cards, dice,
tables, tenuis, bowls, or other game or games what.soever, or by betting on
the sides or hands of such as do game at any of the games aforesaid, or
any other game or games, or for the reimbursing or repaying any money
knowingly lent or advanced at the time and place of such cock-fighting,
horse-racing or I'lay, to any person or persons so gaming or betting as
aforesaid, or that shall, during such cockfightintr, horse-racing, or so
jilay or bet, shall be utterly void, frustrate, and of none effect, to all in-
tents and purposes whatsoever : and that where such mortgages, securities,
or other conveyances, shall be of lands, .tenements or hereditaments, or
sliall be such as to encumber or aflect the same, such mortgages, securities,
or other conveyances, shall enure and be to and for the sole use and ben-
efit of and shall devolve upon such j)erson or persons as shall have been
or may be entitled to such lands, tenements, or hereditaments, in case the
said grantor or grantors thereof, or the person or persons so incumbering
the same, had been dead, and as if such mortgages, securities or other con-
veyances hiul been made to sui:h person or persons by the person or poi^
sons so incumbering tlie same ; and that all grants and 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 a.s aforesaid, shall be deemed frau<lulenl and void, and of
none effect, to all intents and purposes whatsoever.
In llio !<iMiale lluiisn, ilio niiielcentli day of I'Vbriiiiry, in tlie yenr of our Lord one thoii-
sruid seven iiundred nnd nineiy-one, and in the fiAeenth year of the Iiulependence of
Ihe I'liited .States of Aineriea.
DAVID RAMSAY, Prasid^-nt of the Senate.
.TACOn READ. Sjicaher of the House of Represent at hcs.
No. l.OOa. .AN A('T to ascertain the jurisdiction of tiic Court of Wardens nf il
City of Charleston, in the cases tliercin mentioned.
(Passeil February 19, I7!)l. See last ro/utiw.)
OF SOUTH CAROLINA.
AN ACT to establish a County and County Court in tlie District of No. 1503.
Kershaw.
(Passed Februaiy 19, 1791. See hist volume.)
an act for kstablishing the upper line uetween the parishes op no. 1504.
Prince George, Prince Frederick a^d Liberty County.
1. Be it enacted, by the honorable the Senate and House of Represen-
tatives, met in General Assembly, and by the authority of the same. That i;m„„ij,
Prince George Parish shall be bounded northwardly by a line beginning
at Lenud's Ferry, on Santee river, thence along the road to Potatoe feriy,
to Shepherd's ferry on Black ]Mingo, to Briton's ferry on Great Pedee,
thence along the said river and Big Bull's creek; any law, customer
usage to the contrary notwithstanding.
In the Senate House, the nineteenth day of February, in the year of our Lord one thou-
sand seven hundred nud uinety-one, and in the fifteenth year of tlie Independence of
the ITniled States of America.
DAVID RAMSAY, President of the Semite.
•TACOB READ, Speaker of the House of Representatives.
AN ACT for opening and improving the navigation of Great Pedee, No. 1505.
Wateree, Congaree, Broad River, Savannah, Keovvee, Tugaloo, and
Black Rivers, Lynch's, Black, Jeffrees' and Catfish Cieeks.
(Passed February 19, 1791. Sec fast rohnne.)
AN ACT for laying out and keeping in repair a public Road leading No. 1506.
from New River Bridge down to Tunbridge, on New River Neck,
and from thence the nearest and best route to the mouth of Savan-
nah Back River, including the road leading from Purysburgh, lately
laid out and worked on, to continue so as to intersect the ^ame.
(Passed February 19, 1791. See last volume.)
AN ACT for laying out certain Roads and establishing certain FeiTics; N(
and for other purposes therein mentioned.
(Passed February 19, 1791. See last volume.)
STATUTES AT LARCE
No. ir>OH. AN ACT for vestinir a Biidtje to be built by Wade Hamilton, Esq. at
liis own ex])en.se, across tlio Concruree River, also a Bridge over the
Savannah Rivei, opposite to tlie town of Augusta, in the said Wade
Hampton, his heirs and assigns, for the term therein mentioned ; also
vesting a Bridge to he built by John Conipty, across Broad River, above
the confluence of Broad and Saludy Rivers.
(Passed February 19, 1791. See /ast volamc.)
^u. 1509. AN ACT to afkord relikf to John Lewis Geuvais, and othkk
PUHCHASEUS OF PuBI.IC PuOPERTV.
Attorney sen
era! to rctiini
WHERHAS, the lionorablc Johti Lewis Gcrvais, Esquire, by his me-
morinl and petition, hath stated to the Legislature sundry circumstances of
])eciiliar Inirdship attendin<; his purciiase of public property, and in particu-
lar that, to make payment for the same, i>vcr and above paying five thousand
four hundred pounds in indents of his own, he borrowed eleven thousand
six hundred pounds, wliich he dejiosited with the attorney general, and
that to jirocure the same he entered in a special contract lo return sucii
indents as he borrowt-d ; therefore, prayed that the Legislature would di-
rect the attorney general to return to him the indents which he biprrowed,
and attbrd him such other relief as to them should seem just. And wFiereas,
from a full investigation of the subject, it i* judged expedient to give re-
lief ti> the said petitioner;
L Ijc il enmlcil, by the honorable the Senate and House of Rejiresen-
tatives, now met and sitting in (Jeneral Assembly, and liy the authority of
the same. That the attorney general be, and he is hereby, directed and
required to return to the .said John Lewis (lervais tin; indents which he
indents to J. L. borrowed, _ainounting to eleven thuusaiul six hundred pnunds, tmd tiiat
jcriais. such of the indents as were bis own pro])erty, be paid into the treasury in
part of his purciiase, and that the balance wlncii shall lie then due be
discharged either in general indents, accoiding to the leinis of iiis original -
contract, or at the rate of otie pound in specie or paper mediuiu, or five
pounds in indents ; the said pp.ymcnt to be made in equal instalments of
one, two, nnd three years from and after the iia-^sing of this Act.
n. And wheiViLs, several persons have made |)urcliases in similar cases,
Ri:liif iillbrded '" ^^I'orn relief should also be extended; therefore, Dv i(J'urflivr cnactvil \iy
lo oilii^r |inr- the authority aforesaid. That all persons, or their lawful representatives',
fj"'*'.'""'.''" who have purclia.sed public ))ro[)eity, «r who have become securities i'or
the purchase of public property, payable in indents, and for which |>ay-
mcnt has not been fidly inaile, shall be, aiid they are hi n-by, allowerl to
pay all such sums of money as remain due for the si:nie, eitlu.'r in generiil
indents, according to the terms of his, her, or their original contracts, or
at the rate of one pound in specie or paper niedinm for live pouiiils in
indents ; the said payments to be made in equal in>talnu'nts of one, two,
and three years, from and alh'r the ]>assiiig of this Act. Provided such
person or persons shall make oalli and give other satisfactory testimony
that he or they were not possessed of indents, (either by themselves or
otlicr.s,) on the fourth of Eebruaiy instant, wliich ihcy have acquired by
OF SOUTH eAROLINA. 181
purchase at a rate not exceeding the rate of commutation allowed by this A. D. 1791.
Act. And in case any such person shall have been possessed of any in- ^-^"'•'"^'^
dent purchased as aforesaid, on the said day, then he or she shall pay the
same, or others equal thereto in value, in the treasury, as far as they will
extend towards the discharge of their debts, and the balance, if any, in
the manner prescribed by this Act.
In the Senate House, the nineteenth day of February, in the year of our Lord one thou-
sand seven hundred and ninety-one, and in the fifteentli year of the Independence of
the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Sjjeakcr of the House of Representatives.
AN ACT TO VEST IN Sarah Bolton the PtRsoNAi, Estate of her No. 1510.
LATE HUSBAND, DoCTOR RiCHARD BuLTON.
WHEREAS, Sarah Bolton hath represented that she was possessed
when sole of a persmial estate of eleven negio slaves, whereof her late
husband. Doctor Richard Bolton, possessed himself on his marriage with „ , ,
her, and that he hath departed this hfe intestate, and without issue or
other known relation, leaving a small personal estate, consisting of only
four of the said slaves, and some credits. And whereas, administration
hath been granted to a person who hath no interest in the said estate,
who cannot legally deliver to her more than one-half of the said estate,
and she hath petitioned that an Act be passed vestitig the said estate ni her ;
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and silting in General Assembly, and by the
authority of the same. That so much of the personal estate of the late ,.(,5,g(j -^gj^^^lj
Doctor Richard Bolton as shall remain after the payment of all his just Bolton,
debts, and of the legal fees and demands of the administrator, shall be,
and the same is hereby, vested in the said Sarah Bolton, her executors,
administrators, and assigns. Provided, nevertheless, that if at any time
hereafter any person shall set up and support by due course of law a
claim to the said personal estate, or any part thereof, under the statutes of
distribution, so much of the said estate as such claimant shall appear to be
entitled to, or the true value thereof, shall be delivered or paid over to
such <;laimant after the establishment of the claim.
II. And he it further enacted by the authority aforesaid. That previ-
ously to the administrator's delivering up the said estate to the said Sarah she giving se-
Bolton, she shall give good security in double the value of the property '^'.'"'-^''^" '^"^'^
vested in her by virtue of this Act, to the ordinary of Charleston district, claimant.
to be by him approved, for the redelivery of the estate, or the payment of
the value thereof, or so much thereof as may be proved to be the right of
any claimant.
In tlie Senate House, the nineteenth day of February, in the year of our Lord one thou-
sand seven hundred and ninety-one, and in tlie fifteenth year of the Independence of
the United States of Aiuerica.
DAVID RAMSAY, President if the Senate.
JACOB READ, Speaker of the House of Representatives.
STATUTES AT LARGE
No. 1511. AN ACT TO Al'THORIZE THE TrEASI'RERS OF THIS StATK TO PAY JoHN
Smith, Esquire, Indents to the amount of those receivep from
THE purchasers OF THE ESTATE OF BaSIL CoWPEU, WHICH HATH
BEEN SOLD DY TIRTUE OF THE CONFISCATION AcT.
WHEREAS, it has been represented to the Legislature of this State
by the petition of John Smith, Esquire, that he is sued and liable to pay
rreamblc. a very considerable sum of money as the security of 15;u*il Cowpcr, whose
estate has been confiscated and sold, and the purchase money paid into the
treasury for the use of the State ; which representation hath been proven
to the satisfaction of the Legislature. And whereas, it is but just and
resisonable that the property of the said Basil Cowper should be applied
to the payment of his just debts, and the indemnification of said John
Smith ;
L Be it therefore enacted by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the au-
Indenutobc thority of the same. That it shall and may be lawful to and for the said
paid J. Smiih. Jq}„j Smith, at any time after the pa-ssing of this Act, to demand and re-
ceive from the commissioners of the treasury of this State one or more of
the indents assumable by Congress, which liave been paid into the trea-
sury and not cancelled, to the amount of principal and inteiest of the
sum the said Basil Cowpcr's confiscated estate sold for. Provided the
same shall not exceed the demand of the said John Smith, and subject,
nevertheless, to a deduction of all or any account or accounts which may
have been preferred against the estate of the said Basil Cowpcr, and of
all reasonable charges and expenses which the State hath paid or stands
charged with, for or on account of the sale or disposal of the said estate.
In the Semite ({uunc, the nineteenth Jay of Februnry, in the year of our Lord one ihou-
sanilseven hundred and uinety-onc, and in the 6Uccnth year of the ludepcndencfl of
the United Stales of An
DAVID RA.MSAY, President of the Senate.
JACOB READ, Sjxahcr of the House of Rc}>resentatircs.
No. 1512. AN ACT to enaiii.e the South Carolina Society to hold Keai,
Estates of the annual vai.ui: of two thousand pounds, and to
HIND TO Trades and Professions children educated at the ex-
pense of the Society.
WHEREAS, the stewards and wanions of the Soiilli Carolina Society,
by their memorial and petition to the Legislature, have prayed that ihoy
may have jiower to holil a capital and stock in pcr[)etuity to the amount of
two thousand pounds sterling jier nnniitn, and also that the officers of the
said society lie vested with full jiowci to bind as apprentices lo trades,
occupations, or professions, such children as now are or may be supported
by the charity of the said society. .And whereas, it is ex|)edienl to grunt
the prayer of the said petition :
OF SOUTH CAROLINA. 183
I. Be it therefore enacted, by the honorable the Senate and House of A. D. 1791.
Representatives, now met and sitting in General Assembly, and by the ^■^'"~>'"^^'
authority of the same, That the said South Carolina Society be, and they
are hereby, made capable in law to purchase, receive, have, hold, enjoy, held by the So.
possess, and retain, in perpetuity, or for any term of yeais, any estate ort^a. Society.
estates, real or personal, messuages, lands, tenements, or hereditaments,
of what nature or kind soever, not exceeding in the whole two thousand
pounds sterling per annum above reprises.
II. And be it further enacted by the authority aforesaid, That the
steward and wardens of the said Society be, and they are hereby, author- K'^,"'
, , . , 1-11 1-1T I'^iiii 1 n ,•' children as
ized to bind any child or children who shall be educated at the expense apprentices.
of the said society, apprentices to any trade, mystery, or profession, until
the male child shall arrive at the age of twenty-one years, and the female
child shall anive to the age of eighteen years, or be married, or for a
shorter time, if they shall see fit ; any law, usage, or custom to the con-
trary notwithstanding.
In the Senate House, the nineteenth day of- February, in the year of our Lord one thou-
sand seven hundred and ninety-one, and in the fifteenth year of the Independence of
tlie United .States of America.
DA^^D RAMSAY, President of the Senate.
JACOB READ, Sj>eaJ;er of the House of Representatives.
AN ACT for building a Toll Bridge across Edisto river, in the county of No. 1513.
Orange, from some place at or near the old mill seat, situated within
the limits of the town of Orangeburgh, on the north side of the said
river, to the most convenient spot on the south side of the said river ;
and for making a Causeway through the swamp leading from the said
bridge to the main road leading from Ninety-Six to Charleston ; and
for vesting the said Bridge, when built, in such person or persons, his and
their heirs and assigns, for a term not exceeding twenty-one years, as
shall be at the expense of building the said Bridge, and making the said
Causeway, and keeping the same at all times hereafter in repair during
the said term.
(Pas.sed February 19, 1791. See last volume.)
AN ACT to permit John Holman to come with his Negro Slaves into, No. 1514.
and to remain with them in, this State.
(Passed February 19, 1791. See last volume.)
AN ACT to incorporate the Roman Catholic Church of Charleston. No. 1515.
(Passed February 19, 1791. See last volume.)
STATUTES AT LARGE
No. 151G. AN ACT for incorporating the Jewish Congregation at Charleston,
calleil Beth Elorlieni, or House of God.
(Passed February 19, 1701. See last vulvmc.)
No. 1517. AN ACT to incorporate the several chiirrhcs known by the names of
tiie Presbyterian Church of Hopewell, on Jefiries' Creek ; llie Presby-
terian Church of .Vimwell, on Pedee; tlie Presl)yteiian Church of Leb-
anon, on Jackson's Creek; and the Baptist Church Ebenezer, on Jef-
fries' Creek.
(Passed February 10, 1791. See last voluinf.)
No. 1518.
AN ACT to incorporate Camden.
(Passed February 19, 1791. Sec hist ruhimc.)
No. 1510. AN ACT TO EXE.MPT Joii.\ FisuF.n AM> Malcolm Brow.n prom the
Pains and Penalties of Confiscation and Banishment, and to
restore to them such parts of their estates as kemai.n undis-
POSED OF 11 V THi; Commissioners of Forpkited Estates.
WHEREAS, .Tohn Fisher, late of Orangeburgh, and Malcolm Brown,
by their huml)l(! pctitiiins to tlie Legislature of tiiis State, did, among oilier
Proimble. things, severally pray to be exempted from the pains and jienalties of the
Act-s of confiscation and banishment, and that such parts of their estates
as now remain undisposed of by the commissioners of forfeited estates,
should be restored to tiiem ;
1. Be it therefore enacted, by the hnuDvablo the Senate and House of
Rejiresentatives, now met and sitting in (Jeneral Assembly, and by the
authority of the same. That the said John Fislier and MaUnlm Brown
.shall bo, and they are hereby, exiuierated and discharg<'d from all the
jiains and penalties m which they were severally lial>le under the said
peuai\, -c. ^pfj, ,,f confiscation and l>anishnienl, and thai ihc said .Acts, so far as they
respect the said John Fi.-'hfranil Malcolm Brown be, and they are hereby,
repealed, except as hereinafter excepted.
n. And he it farther emirlid by the nulhorily aforesaid. That nil tho
Andihcirrs- estates, both real and personal, which bi-longed to llie said John Fisher
tales restored j^^^ Malcolm Brown )>revious to the passing of the said Artu of confisca-
tion and banishment boj and the saini' are hereby, restored to the said
J. Fixhcr anil
M. Brown cx-
nptoil fr'i
OF SOUTH CAROLINA. 185
John Fislier and Malcolm Brown respectively, in as full and ample a man- A. D. 1791.
ner as if the said Acts of confiscation and banishment had never been ^--"'"v-^*^
passed. Provided always, that this Act of restoration shall not extend, or
be construed to extend, to invest in the said John Fisher and Malcolm
Brown, any property actually sold by the commissioners of confiscation, or
to any negroes given as a bounty to the military.
In tlie Senate House, the nineteenth day of February, in the year of our Lord one thou-
sand seven hundred and ninety-one, and in the fifteenth year of the Independence
of the United Slates of America.
DAVID RAMSAY, President of the Senale.
.TACOB READ, Speaker of the House of Representatives.
AN ACT FOK REt.IEVING AND EXEMPTI.VIi THE ReV. EdWARD JeNKINS No. 1520.
FROM Banishment.
WHEREAS, the Rev. Edward Jenkins hath presented his petition to
the Legislature, setting forth that, upon the dissolution of the connexion _
between Great Britain and the Colonies, now the LTnited States of Ame-
rica, he being restrained by consciencious scruples from taking the oaths of
allegiance and abjuration, which by an Act of the Legislature were re-
quired of the inhabitants of this State, as a test of fidelity to the United
States, withdrew from this State, and thereby incuiTed banisliment, and
praying to be relieved and exempted therefrom ;
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That the said Edward Jenkins shall be, and is ^^'^'"''"°"'
hereby, relieved and exempted from banishment, and is, and shall be, per-
mitted to return and remain in this State ; any law to the contrary thereof
in any wise notwithstanding.
In the Senate House, tlie uijieteenth day of February, in the year of our Lord one
thousand seven hundred and ninety-one, and in llie fifteenth yearof tlie Independence
of the LTnited States of America.
DAVID RAjSISAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ACT TO EXEMPT William Greenwood from the pains and No. 1521.
PENALTIES OF THE AcT OP CoNFISCATIO.N AND BaNISHMKNT.
WHEREAS, William Greenwood, Mrs. Elizabeth Mary Leger, and
Mrs. Elizabeth Love Hutchinson, have petitioned the Legislature that the P'''^'""'''^-
said William Greenwood may be freed and exempted from the pains and
penalties of the Act of confiscation and banishment ;
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and bv the
VOL. v.— 24.
ISG STATUTES AT LARGE
A. I). 1791. amlioiity of the same. That the said Act, so far as it relates to the said
"^"''"^''"^^ \\'illiani Clrecinvood, be, and the same is hereby, repealed.
Ill the Senmc House, ihc iiineteentli duv of Februarv, in llio year of our Lord one lliou-
saiid seven hundred auil ninety -one, unj in the fifteenth year of the Indepeudenec of
the ITiiited Slates of .liucricu.
DAVID RAMSAY, Presided of the Senate.
JACOB READ, Speaker of the House of Representatives.
No. 1522. AN ACT fob EST.vni.isniNG certain" re<;ll.vtion"s in Geobgktown.
WHEREAS, the inhabitants of Georj^etown, Prince George Parish,
Winyaw, have long labored under great inconveniences for the want
of some persons properly authorized to keep in repair the streets and
causeways of the said town, and to prevent the illicit trafficking with
negro slaves ; and whereas, (by the cession from tliis State to the United
Stales of all rigiit to collect tolls and duties upon shipping and merchan-
dize entering into the ports of the State,) the poit of Georgetown has
been deprived of the funds formerly appropriated by law to the purposes
of keeping a pilot boat and pilot for the said poit :
I. Be it enacted, by tiie honorable the Senate and the House of Repre-
. . sentatis'es, now met and sitting in General Assembly, and by the authority
of ptr!eets'&c"°f '^''^ same. That commissioners of the streets (to be appointed by
to beappointed the inhabitants of Creorgetown) shall have power to assess, according to
forGeorgetown. ti,e valuation of the general tax, all the lots and buildings of tiie said
town, in such a sum as they shall deem sufficient for keeping tlie streets
and causeways of the said town in repair; and also, to regulate the ferries
from the saiil town over Georgetown river to tiie road leading to Chiirles-
Thcirpowcrs ton> <ind to Waccamaw road, leading to North Carolina: and also, that
and duties. they shall have power to demand and receive the sum of fifty pounds for
each and every licence to keep a billiard table, and the sum of live pounds
for each and every licence to retail spirituous liijuors in the said town ;
the amount of such licences to be a])iilicd to the purjiose of keeping a
pilot boat, and to other occ.T-siiinal |iur])oses of the said l)ort ; and also, tliat
the cominissioners aforesaid, or any two of them, shall have power, in a
summary manner, by a warrant under their hands and seals, to seize and
rent the premises tmtil the amoutit of such assessments are fully paid, and
to levy on goods and chattels unlil the price of such licence be discharged;
and the monies arising fioin licences and billiard tables to be paid to the
commissioners of the pilotage for the use of the said port and pilot boat.
H. Be it further enacted by the authority afore.said. That the comrais-
To repiilntn the sioiier^ aforesaid shall have power to regulate the assize and price of bread ;
ii»»i»e t price jj^^j g),;,)! Imve power to compel butchers and others to produce lo llio
'' ' clerk of the market of fimrgi-lown the hides and ears of all cattle brought -
for sale to the <aid market, llie said ears to be iintiiediately destroyed by
the clerk, who shall bo rnlitlcd to demand anil receive from all butchers
and others bringing the same to market the sum of six pence, as a com-
|iensation for his kc<-])ing a regular account of all the brands and marks
of tiie said entile.
OF SOUTH CAROLINA. 187
III. Be it enacted by the authority aforesaid, That the commissioners of ^- ''• '"'•'•■
the streets aforesaid shall have power to prevent all persons galloping ^^^"^'"^'^
through the said streets ; and to prevent stud horses, goats and sheep from Furtlicr icgu-
going at large within the said town ; and to ])revent all persons from traf- '"''°"''-
fickiug with negro slaves, or retailing spirituous liquors to them, within the
harbour of Georgetown, or on the creeks and rivers of Prince George's
parish, Winyaw ; and also, that the commissioners aforesaid shall have
power in a summary manner to affix and levy fines upon all persons
offending agamst any of the above regulations, not exceeding five pounds
for each offence.
IV. Be it further e?iacted by the authoiity aforesaid, That all deeds and
other writings relative to any future conveyance, sale or mortgage of per- Registering of
sonal property which shall be in the district of Georgetown, at the time of "li^eds, &c.
such conveyance, sale or mortgage, and which shall be first recorded in
the office of the registers of mesne conveyances in Georgetown, shall be
taken, deemed, adjudged, allowed of, and held to be the first conveyance,
sale or mortgage, and good, firm, substantial and lawful in all courts of
judicature within this State ; any former or other transfei-, conveyance,
sale oi- mortgage of the same, not recorded in the said office, notwith-
standing ; any former law, usage or custom to the contrary thereof in any
wise notwithstanding. .
V. Be it enacted by the authority aforesaid, That this Act shall be
deemed and taken as a public law, and notice thereof shall be taken in all |"'"*' " P"'''"^
courts of justice and elsewhere in this State, and it shall be given in evi-
dence in the trial of any cause or issue, without special pleading ; any
law, usage or custom to the contrary thereof notwithstanding.
In the Senate House, the nineteenth day of February, in t!ie year of our Lord one tliou-
sand seven hundred and ninety-one, and in the fifteenth year of llie Independence
of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ACT TO ExuMPT William Bull, Esq. from the pains and pen- No. 1623.
ALTIES OF THE AcTS OF CoKFISCATlON AND BaNISHMKNT, AND TO
PERMIT HIM TO SEND BACK AM) KMPLOY HIS NEIJIiOES AND OTHER
SLAVES IN THIS StATE.
WHEREAS, William Bull, Esq. by his petition to the Legislature of
this State hath represented that his infirmity and advanced age will pre-
vent him from returning to this State, to avail himself of the benefits
intended to be conferred on him by an Act entitled "An Act to exempt P'eamWe.
William Bull from the pains and penalties to which he is liable by several
Acts of the Genera] Assembly," passed the twenty-eighth day of March,
in the year of our Lord one thousand seven hundred and eighty-seven,
which representation hath been fully substantiated ;
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au- ^^. " ^"'j ''^°"
thority of the same, That the said William Bull shall be, and is hereby, penalty, &c.
freed, exonerated and discharged from all the pains and penalties to
18S STATUTES AT LARGE
A.D. 17'JI. xvliicli lie \v;ls liable uiuler tlie several Acts of confiscation and banishment
^•■^'""^''^'^ passed liy tlic Legislature of" this State; and that the said Acts of confis-
cation and banishment, so far as they aflisct the said William Bull, be, and
the same are hereby, repealed.
IL And whereas, the said William Bull, by his aforesaid petition did
pray for leave to send back and employ in this State the several negro
and other slaves which he was constrained to take and carry away with
Said W. Bull him on his leaving this State ; Be it therefore furtlur cneieted by the author-
allowed to send ity aforesaid. That from and immediately after the passing of this Act it
grocs. shall and may be lawful for the said William Bull, his executors, adminis-
trators and assigns, to send back, keep and employ in this State, all and
every the negro and other slaves which he took of!" and conveyed away
with him on his leaving the State as aforesaid, together with the issue and
increase of the said female slaves ; any law of this State to the contrary not-
withstanding. And that the sixteenth clause of an Act entitled "An Act
to regulate the payment and recovery of debts, and to prohibit the importa-
tion of negroes for the time therein limited," passed the fourth day of
November, in the year of our Lord one thousand seven hundred and
eighty-eight, so far as the same may affect the said William Bull, be, and
the same is hereby, repealed.
Ill ihf Seiiute Hout^e, the nineteentli Any of Junuury, in the year uf our Lfirdone tlioti-
suiut taeven hundred und ninety-one, und in the fourteenth ycurof the Independence ot
the United States of America.
DAVID RAMSAY, President „f the Heiiate.
JACOB REA1\ S/)ea/,er of tli'e lluu^e ti/' lle/iresen/citives.
No. 1024. AN ACT fo« kaisinu Slim-lius foh tui; vkak or ouii Loud ow.
TIlOl'SANU SEVKN lU'NDREIJ A.ND M.NKTV-O.NE.
WHEREAS, we, the repiesentatives ofthe free and indepi-ndent State
., . I of South Carolina, in General Assembly met, have thought it expedient
and necessary that a tax, for the sums and in manner herein mentioned,
should be assessed, raised, and paid into the public treasury of this Slate,
for the use and service ihereof :
L Be it //leref'o/e enacted, by the honorable the Senate and the honora-
ble House of Representatives, now met and sitting in General Assembly,
Rate of laxn- and by the authority of the same, Tliat the sum of ten shillings per
iionon lands, (.entum ad valorem on every hundred pounds, to be paid in specie or
papermeditim, shall i/O, and is hcrcliy, niiposed on all lauds >rranled within
this State, and in llie manntM' and un<ler the several regulations heieinaftei'
set forth and expressed, that is to .say: No. 1. All tide swamp not
generally afl'ecteil l)y the salts or freshes, of the first ijuality, shall be
rated at six ])ounds per acre; of the second (|uality, four pounds ]ier acre;
of the third fjuality, two pounds per acre ; all jiine barren lands ndjoining
such swamps, or contiguous thereto with respect to the benefit of water
carriage, at ten shillings per acre ; all prime inland swamp, cultivated and
uncultivated, at an average of three pounds per acre ; second (juality,
ilitto, two pounds ])er acre; third ijuality, ililto, one pound per acre ; pine
barren lands, adjoining or contiguous thereto, at five shillings ])er acre;
salt marsh or inland swamp, clesirly proved to the assessors to be incapable
OF SOUTH CAROLINA. 189
of immediate cultivation, five shillings per acre. 2. High river swamp or low A. 1). 1791.
grounds, cultivated and uncultivated, including such as are commonly called ^--""v-^w^
second low groimds, lying above the flowing of the tides, and as high up
the country as Snow Hill, on Savannah river, the fork of Broad and Saluda
livers, on the Congaree, Graves's Ford on the Wateree, and the boundary
line on Pedee ; the first quality at three pounds per acre ; the second
quality at two pounds per acre ; the third quality one pound per acre ;
except such as lie so low as to be clearly proved to tlie assessors to be in
capable of immediate cultivation, which shall be assessed at five shillings
per acre. 3. All high river swamp, or low grounds, lynig above Snow Hill,
the fork of Broad and Saluda rivers, Graves's Ford, and the old Indian
boundary line, fifteen shillings per acre. 4. All high lands without the limits
of St. Philip's and St. Michael's parishes, on John's island, James island,
and on the main, within twenty miles of Charleston, at one pound per acre.
.5. All lands on the Sea islands, Slaiin'.s island included, or lying on or con-
tiguous to the seashore, usually cultivated, or capable of cultivation, in
corn or indigo, and not within tiie limits prescribed in class number four,
one pound per acre. 6. All oak and hickory high lands lying below
Snow Hill, the fork of Broad and Saluda rivers, Graves's Ford, or the
boundary line on Pedee, and not included in the limits or description of
the two preceding classes, numbers four and five, at fifteen shillings per
acre. 7. All pine barren lands not included in classes number one, four,
and five, to be assessed at one shilling per acre. S. All oak and hickory
higli lands lying above Snow Hill, the fork of Broad and Saluda rivers,
and Graves's Ford, the first quality, eight shillings per acre ; the second
quality, five shillings per acre ; the third quality, two shillings per acre. 9.
All oak and hickory high lands above the old Indian boundary line, the first
quality, six shillings per acre ; the second quality, three shillings per acre ;
the third quality, one shilling per acre. That all lands within the parishes
of St. Philip and St. Michael shall be assessed in the same manner and
upon the same principles as houses and lots in Charleston, and in a rela-
tive pi'oportion to lands in the country. That the sum of three shillings
and six pence per head shall be levied on all slaves ; the sum of three si!Jve,° &c^"
shillings and six pence per head on all free negroes, mulattoes, and musti-
zoes, between the ages of sixteen and fifty years ; four shillings and eight
pence on every wheel of all carriages, (carts, wagons, and drays excepted) ;
and ten shillings per centum ad valorem on all lands and lots and buildings
within any city, village, or borough, and on every hundred pounds stock in
trade, factorage, employments, faculties and professions, (clergymen, me-
chanics, schoolmasters and schoolmistresses excepted) — to be ascertained
and rated by the assessors and collectors throughout the State, according
to the best of their knowledge and information ; to be paid in specie or
paper medium of this State.
H. And, ht it further enacted by the authority aforesaid. That all negro or slaves employ-
other slaves who are employed on any lands leased by any person or per- <"(' "" Indiuu
sons of the Catawba Indians, shall be and they are made liable to the
payment of this tax.
III. And he it furtJier enactedhy the authority aforesaid. That the parish
of St. Bartholomew shall be divided in the following manner, that is to Parish of St.
say : from the mouth of Ashepoo river up to the Fish Pond Bridsre, and B^n'tliolomew
,. - , , , . i^, __. T,'r ^. ,, 1 T , divided.
from thence to the plantation of Hance iNlcCullough, on Jones s swamp,
and from thence in a direct line to the line of Orangeburgh district ; and
that the present collector shall exercise all the duties of assessor and collec-
tor on the north side thereof; and a person to be for that purpose appoint-
ed on the south side thereof
]90
STATUTES AT LARGE
Enquirers, fee.
10 be u|ij>uimod
Componation
ofeiKjuircrs,
assessors, tScc.
Returns of
former taxes
to be iiiude.
Duly of the
aKHCssors ami
collectore.
Tronsurcm lo
furnish copioa
of this Act.
IV. And he it further enacted by the authority aforesaid, That the pai isli
of St. Peter be divided by the road leadiug from Cypress Creek bridge to
the Great Swamp ; and that Peter Porcber, senior, shall do the duties of
the oflice of enquirer, as.sessor and collector of the tax below the said road ;
and John Pea-iley shall do the duties of enquirer, assessor and collector
of the tax, above the said road.
V. And lie it further enacted, by the authority aforesaid, That a fit
and proper person shall be appointed to do the duties of the office of
encpurer, assessor and collector of the tax for Kershaw county ; that
another person be appointed encpiirer, assessor and collector of the tax for
Spartanbursjh county ; another person for the northwest part of the Cy-
press Swamp, in the parish of St. George, Dorchester, from the parish
lines of the said parish and St. James Goose Creek, to the plantation of the
estate of Humphrey Somcis, from thence on a direct line to Euchaws
ferry on Kdisto river ; and one other person for the remainder of said
parish ; that one other person be appointed enquirer, assessor and collector
of the jjublic tax for the election district of Winyaw; that one other per-
son be appointed enquirer, assessor and collector of the public tax for tho
election district of Kingston ; another fit person for the election district of
Liberty ; that one other person beap])ointeil eni|uirer, assessor and collec-
tor of the public tax for the election districtof Willianisburgh; that one other
person be ap]>ointcd enquirer, assessorand collector of the public tax for the
county of .Marlborough ; that another person be aj)pointed enquirer, asses-
sor and collector of the public tax for Pendleton county ; and that one
other person be appointed enquirer, assessor And collector of the public
ta.x for Chester county.
VL And be it further enacted by the authority aforesaid, That the en-
quirers, a-ssessors and collectors, appointed by law, shall, for their services
in tho discharge of their duties, receive, on closing their accounts with the
commissioners of the treasury, five per centum, except for the parishes of
St. Philip and St. Michael, which are to receive 2.i per centum, on the
amount of the taxes by them collected, to be allowed and paid to the sev-
eral collectors aforesaid.
VIL And he it further enactedhy the authority aforesaid, That the en-
quirers, assessors and collectors shall begin tlieir enquiry on the sixth day
of February next ; and that where all the collectors that were appointeil
for any parish or county are dead, and the tax returns not closed with
the commissioners of the treasury, the collector who shall be thereafter
appointed is hereby directed and ordered to demand receipts or to admin-
ister an oath, or lo procure other satisfactory proof from the persons of
the county or parisli, that he or they had paid their taxes for the jiiecediiig
years, in order to di.scovn the taxes still due, and to enable the public to
ascertain what sums of money are due by the estates of the deceased col-
lectors ; and should the executor or adiniiiislrator of the <lece!uscd collec-
tors refuse to produce the accounts of the deceased, or give information on
the subject, the commissioners of the treasury are hereby ordered to put
the law in force against the estates of the deceased collectors.
VIII. And he it further rnaetiil by the niithoiity aforesaid, That the said
a.ssessors and collectors ajipointed by law shall do and i)erform all and
singular the duties appertaining to their oHice, as described in an Act
entitled " .'Vn Act for derlariiii; the powers and duties of the enquirers,
assessors and collectors of the taxes, and other persons concerne<l therein."
IX.. And he it further euarlrd by ilie authority aforesaid, That the com-
missioners of the treasury bo, and they are hereby, directed to fiiriiisli
copies of this Act lo each of the assessors and collectors appointed by law.
OF SOUTH CAROLINA.
191
throughout this State, within one month after the passing of this Act, A.D. iroi.
and their reasonable expenses incurred tliereby shall be reimbursed. v..^-v-<^^
X. A/id be if fur/J/er enacted by the authority aforesaid, That all per-
sons any wise liable to pay the taxes hereby imposed, shall pay in tlieir ,„,;„£(,,■ (^^-gg
taxes to the assessors and collectors by law appointed to receive the same,
on or before the first day of April, in the year of our Lord one thousand
seven hundred and ninety-two ; and that the said assessors and collectors
shall pay in the same, and settle their accounts with the treasury, on or
before the first day of June, one thousand seven hundred and ninety-two ;
any law, usage or custom to the contrary thereof in any wise notwith-
standing.
ESTIMATE
Of supplies icanted for the support of Gocernment, for the year
SALARIES, AS SETTLED BY LAW.
The Governor, ..-.--•
Secretary to the Governor, ------
Chief Justice, -------
Four Associate Judges, each £600, - . - - -
Three Judges of the Court of Equity, - - - - -
Attorney General, for giving advice to the Governor and other public officers,
in matters of public concern, in addilioQ to his other duties.
Three Circuit Sohcitors, each £100, . - - - -
Two Commissioners of the Treasury, - . - - -
Clerk of the Senate, ......
Clerk of the House of Representatives, - . . ,
Two messengers, one to each house, at £70 each, - ■ "
Two doorkeepers, ditto, at fifty pounds each, - - - -
Housekeeper of the State House, - . . . -
Powder Inspector and Arsenal keeper, . - - -
INCIDENTAL CHARGES, VIZ.
Contingent accounts passed, . - - - -
Accounts dehvered the present sessions, . - - -
Commissioners of forfeited estates, in part of their accounts,
Simeon Theus's salary and for clerks, - . - - -
Commissioners for Light House, - - - - -
Transient poor, -------
Contingent fund, subject to the Governor's drafts.
Auditor's salary, per Resolve of the House, . . - -
Printer's bill, for extras, ......
Fort Johnston, .-.--.-
Expenses of members for the present session, - - . -
Debt due to Mr. Burn, .---..
Commissioners on receiving taxes, . - - . .
Treasurer of Charleston, for salary, and also for a compensation for transacting
the business of the Loan Office, and of the Auditor, unsettled, and other
additional business of the office, . - . . -
The Treasurer of Columbia, for extra service and clerk hire,
The Treasurer of Charleston, for two clerks at £120,
Ditto, to be reimbursed the sum paid by him to a clerk, with the approba-
tion of the Governor, ..-.--
Commissioners for settling pubUc accounts, . . . -
Gaols and Court houses in Washington district, . - - -
1791.
£900 00 00
100 00 00
800 00 00
2400 00 00
150O 00 00
200 00 00
300 00 00
800 00 00
287 00 00
287 00 00
140 00 00
100 00 00
30 00 00
100 00 00
£7,944 00 00
£3008 00 00
1647 00 00
1082 00 00
1050 00 00
140 00 00
1000 00 00
1000 00 00
180 00 00
300 00 00
260 00 00
1400 00 00
4000 00 00
1500 00 00
100 00 00
100 00 00
240 00 00
100 00 00
1500 00 00
1500 00 no
192
STATUTES AT LARGE
Ho. do. in Pinckncy district, ....
Do. do. in Charleston, ....
Arrearagpsof Annuities, for the present year, ....
Balaiuedue Mr.McDowall, ......
Gaol at Orangcbugh, ......
For finishing the Court House at Camden, ....
Repairof Gaol for Georgetown district, . - . .
Arrears of money borrowed by Commissioner Gillon of Mr. Stanly, -
Secretary of the late Convention for revising the Constitution of the State, &c.
Two Uoorlieepers of the late Convention, i'"20 each, . . .
To the Rev. Mr. L«que, for preaching before the members of the Legislature at
their November session, .....
1500 00 00
1200 00 00
2000 00 00
- 3000 00 00
150 00 00
300 00 00
150 00 00
900 Ot) 00
40 00 DO
40 00 00
30 00 00
Jt;37,361 00 00
In the Senate House, the twentieth day of December, in the year of our Lord one thou-
eand seveu hundred and ninety-one, and in the sixteenth year of the ludopcudence
of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the Hoxise of Representatives.
No. 1525. AN ACT TO amend the Act entitled " A?i Act deeluring the jiowers
and duties of the Enquirers, Assessors and Collectors of the Taxes,
and other persons concerned therein."
WHEREAS, experience has evinced tliat it is prejudicial to ilic iule-
Preamble ^^^^ ^j- ^j^j^. sjj.jtQ ^\^^i x\^q inquirers, as.sessors and collectois of taxes .should
continue in their respective offices during good behaviour ; for remedy
thereof,
I. Be it enacted by the honorable the Senate and House of Jicprcsen-
Limitation of tativcs, now met and sitting in General Assembly, and by the authority of
office. ti,0 same, That every cn(|uuer, assessor and collector of taxes, hereafter
to be appointed, shall hold liis office only during the ])leasure of the J..egis-
lature of this State ; any law, usage or custom to tlte contrary thereof in
any wise notwithstanding.
In tho Senate House, tlie twentieth day of December, in tlie year of our Lord ono thou.
Band seven hinulrcd and uiuety-one, and in tho sixteenth year of the ludependeiicc of
the United Stjitcs of America.
DAVID RAMSAY, President of the Senate.
JACOB RI'jAD, Sjieakcr of the House of llrpresentativcs.
No. 1626. AN ADDITIONML ACT to the Act entitled "An Act to establish n
Court of Ei|uily williin this State," passed the uinoleeiilli day of Febru-
ary, seventeen humhed and ninety-one.
(Passed December 20, 1701. See last volumr.)
OF SOUTH CAROLINA.
AN ACT to alter ami amend the law respecting Juries, and to make No 1527
some addiuonal regulations to the Acts for establishing and regulatim^
the Circuit Courts. "
(Passed December 20, 1791. See last volume.)
AN ACT to amend and more effectually put in force, for the time No 1528
therem limited, the Act entitled "An Act for the regulation of the
Mihtia of thi.s State," passed the 26th day of March, 17S4.
(Passed December 20, 1791. (See last, volume.)
AN ACT TO REPEAL PART OP AN AcT PASSED FEBRUARY 19, A. D. 179], No. 1529
ENTITLED " An AcT FOR GRADUALLY CALLING IN AND SINKING THE PaPEK
Medium of this State, issuud by virtue of an Act entitled 'An
Act to estahlinh a Medium of Circvlation hy way of Loan, and to secure
its credit and uiiti/ij;" passed October 12, A. D. 1785.
WHEREAS, by an Act, pnssed the nineteenth day ofFebruary, in the
year oi oiir Loid o.ie thousand seven hundred and ninety-oue, entitled
"An Act for gradually calling in and sinking the paper medium issued by
virtue of an Act entitled " An Act to establish a medium of circulation by-
way of loan, and to secure its credit and utility," passed the twelfth day of P'-""'"''''^-
October, m the year of our Lord one thousand seven hundred and eighty-
five. It IS enacted, " Tliat the borrowers of the paper medium shall be
obliged to pay into the bands of the Commissioners of the Loan Office one
fifth part of the origmal principal sum borrowed, and the whole of the in-
terest then due, on the fiist Wednesday in March, in the year of our Lord
one thousand seven hundred and ninety-two, and that the same be delivered
to a joint committee of the Senate and House of Representatives, to be
by them bnnit." And, whereas, it is tliouglu expedient that the interest
which shall become due on the said first Wednesday in March next, be ap-
plied towards the extingruishment of the foreign debt ;
1. Be it therefore enacted, by the honorable the Senate and House of
Kepresentatives, in General Assembly now met and sittinn- and by the '"'"■' °''='''''™'''"
authority of the same, That so much of the said Act as requires the burn- '"'' '''''""'"'*■
imgof the said interest money, be, and the same is herelw, repealed, and
nstead thereof the said interest shall be applied towards the extinguish-
nent of the foreign debt. °
In the .Senate House, the twcnueth day of December, in the year of our Lord one thou-
sand seven hundred and ninety-one, and in the sixteenth year of the Independence
of the tnilcd States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
VOL. v.— 25.
194 STATUTES AT LARUE
AN ACT to .\l>I>ol.\T ('OMMISSIONI KS FOK I.AVlNi: AM> KAISlMi AN As-
SESS.MK\T ON TIU: TaXABLK PkU'EKTY IN TIIK PaRISII OF PhINCF.
Ge IROE, (aGKEKABLY TO ITS ANCIENT B0UNDABIF.S,) FOR THK PURPOSE
OF PAYING THE RePRKSENTATIVKS OF THE LATE ThO.MAS LyNCH, EsQ.
DKCICASEI), THE AMOUNT DUE OX A CONTRACT MAHE WITH HIM IIY THE
('oMMISSIO>EKS OF THE RoADS.
WHEREAS, Colonel Hugh Horry has represented, by petition, ihat
he, together with the late Paul Trapier and Benjamin Hiigcr, Esqs., de-
Prcainble ceased, liy virtue of an Act passed on the twentieth day of March, which
was in the year of our Lord one thousand seven hundred anil seventy-one,
did, as commissioners of the liigh roads, for the parish of Prince Crcorgc,
• in the District of (ioorgetown, contract with the late Thomas Lynch, Ksi].
deceased, for making the causeway across Lynch's Island, between norlli
and south Santee, licing part of the high way between Charleston and
Georgetown, and did agree to pay him the sum of eight thousand pounds
old currency, within six months after the completion of the said work ; in
conseiiuence whereof the said Thomas Lynch undertook and completed
the said piece of work ; and that in and by the above mentioned Act
the said commissioners, or a majority of them, were authorized to lay and
raise a tax or assessment on all the male inhabitants in the said jiarish from
the age of sixteen to the age of sixty years, sufficient to ])ay off and dis-
charge the expense of making the said causeway ; as by the said Act, ref-
erence being thereunto had, will more fully appear ; and that the war, and
the confusion consequent thereon, at tliat lime prevented the said commis-
sioners from making the said assessment i)ursuanl to the terms of the said
Act; and that he, the said Hugli Horry, is the only survivor of the said com-
missioners, and .as such has beeu sued by the executors of the said Thomas
Lynch, for the sum of money sti])ulated to be paid by the said contract, to-
getlier with interest thereon ; and it is necessary and proper that some pro-
vision should bo made for paying off the sum of money which may be due
on the said contract.
1. Be it tlicrcfore ciuuttil, by the honorable the Senate and House of Rcji-
I'rince George resentatives, now met andsitting in General Assembly, and by the authority
Parish to p»y {• jj jiijjj if ti,j, j;jji,j Kepresentalives of the said Thomas Lynch,
life heirs of T. deceased, shall, on the contract beforemcniioned, recover a verdict against
Lynch. [hg gaid Hugd Horry, any verdict so recovered, together with all costs anil
chari'es necessarily incurred by him in and about his defence, shall be paid
ill the manner herein after diiectod ; that is to say : all the taxable pro-
perty within the lines which, on the twentieth ilay of March, in the year
of our I-ord one thousand seven hundred and seventy-one, were the boun-
daries of the parish then called tlie parish of Piince George \\iiiyaw, shall
be taxed, rated and assessed, by the commissioners hereinafter ii])poiiited
fiirlhal purpose, in such manner and pioporlioii, and at such rate, agreea-
bly to the rulo.s and jinipiulions of the Act for raising supplies for the year
DUC thousand seven hundred and ninety-one, as will be necessary to make
up the siimor verdict so recoveroil a.s afoiesaid against the said Hugh Hor-
ry, together with his costs and i barges afoiesaid, lo be paid by tin; iespi-<'-
tive owners of siirh pii.perly, in such projioitions, and at such periods, as
the sai.l Hugh Horry wouldbe (ibligeil to pay the same, if this Act ha<l
not been passed.
II. Avil /'<• (7 /V/-M«rc«(/r/r(/ by the authority »foie«aid. That William
Ihail.tford, .lac./b William Harvey, Richard (Jodfrey, William Hcmiiig
OF SOUTH CAROLINA. 195
way and Thomas Allston, be, and they are hereby ap])ointed, commission- A.I). VM.
er.s for the purposes before mentioned, and they and a majority of them ^-^""v^^-^
are hereby vested ■w'ith all and every such power and powers, to cany Commissioners
into effect the true intent and meaning of this Act, as are vested in the "I'P"'"*'"'-
collectors of the general tax of this State, and in like manner shall be sub-
ject to the same pains and penalties to which the said collectors are liable.
In the Senate House, the twentieth day of December, in the year of our Lord one thou-
sand seven hundred and ninety-one, and in the sixteenth year of tlie Sovereignty
and Independence of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the Hotise of Representatives.
AN ACT TO PKKMIT THE ExHtlUTION Of Tni:.\TKICAL EnTEK IAINMi;.NT.S, No. 1531.
UNDER CERTAIN REGULATIONS.
I. Be it enacted, by the honorable the Senate and House of Representa- ,
lives, now met and sitting in General Assembly, and by the authority of ||j]j?'|^™^,g ^^
the same, that the intendant and wardens of the City of Charleston, and licenced,
the intendant and wardens in Camden, and the magistrates in each of the
election Districts throughout the State, may permit and licence persons to
exhibit theatiical entertaiimients, ^vithin the bounds of their respective ju-
risdictions, any thing contained in the Act entitled "An Act for the pro-
motion of industry and siippression of vagrants, and other idle and disor-
derly persons," to the contrary thereof in anywise notwithstanding ; and the
persons who shall be so licenced are hereby excepted from the pains and
penalties inflicted by the said Act ; and that for every licence granted in •
the City of Charleston, a sum of one hundred pounds, and for every li-
cence granted elsewhere, the sum of twenty-five pounds, shall be paid in-
to the public treasury, for the use of the State ; and such licence shall con-
tinue in force for one year from the granting theieof, and no longer.
In the Senate House, the twentieth day of December, in the year of our Lord one thou-
sand seven hundred and ninety-one, and in the sixteenth year of the Independence of
the United States _of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ACT TO AUTHORIZE THE HOLDERS OF TIIK FoKEIGN DeBT LN FkA.NCE No. 1532.
TO REDEEM THE SAME I.N AMSTERDAM.
WHEREAS, it has been represented to the Legislature, by John Splatt
Cripps and William Crafts, that the foreign creditors of this State, whose
debts are payable in France, would be able to transfer the same to their
satisfaction, provided the said debts were made redeemable in the city of
Preamble.
196 STATUTES AT LARGE
A.I). 1701. Amsterdam: anJ whereas, it is incumbent on thus State to facilitate the
''-'''"''"^^ negociation of the said debts :
I. Be it therefore enacted, by the liomirable tl\c Senate and Hou.se of
Repiesentative.s, now met and >»ittiii'4 in Crcnoral Assembly, aiid l>y authority
of the same, That the said Joiiii .Splatl Crijips and \\'illiani Crafts, or
Dobtrcdccma- their assigns, be, and tiiey are hereby, authiiiized, on the jiart of the said
blcinAaisier- creditors or their assi'^ns, whoso del)ts are payable in France, upon the
"■ delivery of tiie enclences of the said debts, to retfistcr the same at the trea-
surj' of this State, redeemable in the city of Amsterdam, wheieby the said
creditors shall be entitled to all the bi.'nefits of an Ordinance entitled " An
Ordinance for fundine; and ultimately discharging the foreign debt of this
State."
II. And be it further enacted by the authority afirosaid, Tliat tlie said
negociatetlie •'^"'i" Splatt Cripps and William Crafts, or their assigns, be, and lliey are
irousrer. herel)y, authorized and empowered, on the part of this State, to negociate
the transfer of the said debts.
In the Senate House, the twentieth day of December, in the year or nnr Lnrd nne thou-
sand seven hundred and ninety-one, and in the fixteenlii year of the Independence
of the United States of America.
DAVID RAMSAY, PrcmloU of the Senate.
JACOB READ, Speaker (if the Hotue of Reprcsenlatires.
No. 1533. AN ACT to make and establish the Vestries and Churchwardens of the
Episcopal Churches of the Parishes of St. Philip ami St. Michael, in
Charleston, two separate and distinct bodies politic and corporate, and
• to enlarge their powers.
(Passed December 20, 1791. See last rulumc.)
No. 1534. AN ACT TO estahlish certain WAREimusrs for the inspection and
STORAGE OF ToRACCO, AT THE PLACES THKREIN MENTIONED.
Preamble.
WHEREAS, application has been made by sundry persons praying
that inspections for tobacco might be erected and establi.shed at certain
places hereinafter mentioned ;
I. Be it Ihcrrfore rniiclrd, by the honorable the Senate and House of
Tobacco ware- Representatives, now met and sitting in General Assembly, and by the
bousm 10 be authority of the same, That proper warehouses shall be erected by the
"""^ " ' commissioners hereinafter appointeil, where tobacco, previous to its bemg
exported or exposed for sale, may be broiighl for inspection, and after
being passed shell be depinitcd fill railed for, fur (!X|>oi1:ition ; which
warehouses shall be established al the liillowinn ])laces, that is to say : one
warehouse al the plantation of .lohn Sharp, on the Savannah liver, Abbe-
ville county, opposite the place in Georgia called Petersburg ; one ware-
house at Cambridge, in the district of Ninety-Six ; one warehouse at the
OF SOUTH CAROLINA. 197
town of Orangeburg ; one warehouse on Savannah river, al iJrnry Pace's A.D. ]791.
ferry ; one warehouse on the west liank of Broail livcr, at Henderson- ^-^''^«'"^-'
burgh.
11. And fie if f'lr/Jtrr ennrted hy thp nnxhorityd{oKi,au\, That Jos. Colhoun, . .
Esij. Fleming; Bates, Eheiiezer Petiarue, Higgiiisoii Unrksdale, and Joseph appointed.
Milligan, sljall be coinmisjilouers fur the vvarebonss at.Tohu Sharp's planta-
tion ; Jaraes Gouiley, .fohii Merrivv-eather and Win. Hiitj!.jins, shall be com-
niissioners for tlie wareliouhe at Cambridge; and .Jacob Weyrncr, -John
Cbevillett and David Ruri|)li, shall lie commissioners for the warelionse at
Orangeburgh ; and Drury Pace, liohert Ware, and Samuel Scott, shall be
commissioners for the warehouse at Drury Pace's ferry ,iii Edgefield county;
and VV'^illiam Farr, Nathan Glen, and James Glen, shall be commissioners
for the warehouse at Hendersonburgb. And the said commissioners shall
be, and are hereby, vested with all the powers, authorities, privileges and
benefits, and shall be subject to all the duties aud penalties lo which com-
misisiouers of other iuspoclions are or made liable by any law of this
State. Aud the owners of the lands on wliich the ^^'arehouses may be
built, and the officers and servants at eacli of ihe said warehouses, .shall
also be entitled to all ihe pvolits and emoluments, subject to all the duties,
and liable to all the penalties, given, created and imposed by any law of
the said State.
III. Andheit furtlicr enact cd hy xhe authoiity aforesaid. That copies
of this law, and also of all preceding laws respec-tino- ihe inspection of Copies of the
tobacco, now in foice, he tiansmitted by ihe commissioners of tlie fi'easiiry ij°'j^n"to each
to the board of commissioners of each respective inspection througliout inspection.
the State.
IV. And he it fi'rlhcr amrtcd. by the authority aforesaid, That the
cornmissioners for building warehouses and appointing inspectors of tobac- j™"'^^!""*"
CO, already appointed or hereafter to be appointed, shall have power to njent of surpliis
settle wdth and receive from the inspectors, at the respective warehouses, monies.
all surplus money that may be in their hands, at the expiration of every
year ; and on the inspectors refusing or neglecting to pay the said bal- •
ance or surplus, the said commissioners shall have full power and authority
to compel payment of the same.
V. And he it further cnaried by the authority aforesaid, That the com-
missioners of the tobacco warehouses known by the name of Hammond's, ^^^^^j"
Pickens's and Campbell's warehouses, are respectively empowered to
lower such of the taxes as have been laid by law, for the purpose of defray-
ing the expenses of inspection.
In the Senate House, the twentieth day of December, in the year of our Lord one thou-
sand seven hundred and ninety-one, and in the sixteenth year of American Independence.
DAVID rLA:MSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ACT to incorporate the Grand Lodge, and the several Lodges under No. 1535.
the jurisdiction thereof, of South Carolina Ancient York Masons.
(Passed December 20, 1791. See last volume.)
STATUTES AT LARGE
No. 1536. *^^ ACT for incorporating the Society of Free and Accepted Masons
in thi.s State.
(Passed December 20, 1791. See last volumt.)
No. 1537. AN ACT to repeal such parts of an Act of the Genxral As-
SEMULV, PASSED March 19, A. D. 1785, ENTITLED " An Act for erect-
ing and extahlishing a College in the Village of Wintishorough , in tfiv
District of Camden, a College in or near the City of Charleston, and a Col-
lege at Nincty-sia:, in the District of Ninety-sijr, in the State of South-
Carolina," AS RELATi: TO THE CoLLEGE ESTABLISHED IN ChAKLETON,
and for CONTINUING THE SAID CoLLEGE IN CHARLESTON, UNDER OTll-
F.R REGULATIONS.
WHEREAS it appears to the Legislature, that many inconveniences
have arisen in carrying into execution the Act entitled " An Act for erect-
ing and establishing a College in the Villaire of Winnsborough, in the Dis-
PreamMo. trict of Camden, a College in or near the City of Charleston, and a Col-
lege at Ninety-six, in the District of Ninety-six, in the State of South Car-
olina," passed the nineteenth day of March, in the year of our Lord one
thousand seven hundred and eighty-five, both as to the lime of election of
oflRcers among the trustees of CharU-ston College, and as to the other sta-
ted times and places of meeting of the trustees of the said College ; and
* also that by blending the regulations for the said three Colleges into one
Act, doubts had arisen in many instancesasto the construction of the same ;
for remedy whereof,
L Be it therefore enacted by the honoi-ablc the Senate and House of
Representatives of the State of South Carolina, now met and sitting in
General Assembly, that Thomas !?ce, Esij. President, Richard Hutson,
cXgro"/""' ^^1- Vice-President, Daniel Dcsaussure, Esq. Treasurer, (the present offi-
Cbarlcsion. cers) and the rest of the trustees of the College of Cliarleston, duly ap-
pointed, that is to say, Charles Pinckney, John Rutledge, Arnoldus Van-
derliorst, .lohn Mathews, David Ramsey, Gabriel Manigault, Ralph Izard,
William Sinilli, Charles Cotesworth Pinckney, Thomas Hey ward, Jr.
Hugh Rutledge, Rdward Rutledge, Major Thomas Pinckney, John Lloyd,
Daniel IJurdeaux, Joseph Atkinson, lloger Smith, and Henry William
Dcsaussure, Esq., and their succes.sors to be elected in manner herein di-
rected, shall, forever hereafter, be one body politic and corporate, in deed
and in name, by the style of trustees of the College of Charleston ; and that
by the same name they and their successors shall and may have pi^rpetual
succession, and be able and ca|)alile in law to have, receive, take, and en-
joy, to them and their successors, lands, messuages, rents, liberties, fran-
chises, and hereditamiMits of anv kind, natuip, (juality or value, in fee and
perpetuity, and also estates for lives and lor years, and all sums of money,
goods, chattels, and things whatsoever and of whatsoever value, fur build-
ding, erecting, and sup|>ortiiig tin; said College in Charlestim ; provided tho
same do not exceed in iho whole the yearly value of live thouitand pounds
OF SOUTH CAROLINA. 199
sterling; and that by the same name they and their successors shall and '^I^- '"''I-
may be able to implead and be impleaded, answer and be answered ^-^""v-"**-^
unto, defend and be defended, in all courts and places, and before all judg-
es and justices whatsoever, in all actions, pleas, plaints and demands ; and Powers of the
to grant, bargain, sell or assign any lands, tenements, hereditaments, goods corporation.
or chattels ; and to act and do all things whatsoever for the uses aforesaid,
in as ample manner and force as any natural person or body corporate or
politic may by law: that they shall and may have a common seal for the
business of them and their successors, with liberty to change, alter, or make
new the same from time to time as they shall think proper; and that the
land heretofore given and appropriated for a Free-School in Charleston,
which was reserved by the aforesaid Act for the use of the said College,
shall continue vested in the said trustees and their successors forever, for
the purposes aforesaid ; any law, usage or custom to the contrary in any
wise notwithstanding.
II. And be it further enacted, that the said College at Charleston shall
be under the management and direction of twenty-one tnjstees, or a quo- _ „ .
rum or board thereof, to be chosen, appointed and peipetuated as follows : College.
The said trustees and their successors shall meet on the Monday preceding
the third Wednesday of October, in every year, at the said College in
Charleston, between the hours of nine and three, due and public notice
thereof being given by the Secretary at least ten days before in the city
Gazette, or in writing, and that the major part of those so met shall choose
by ballot a president and such other officers as they shall think necessary
for the year ensuing. The said president and officers so chosen shall take
an oath for the due and faithful execution of their office, to be administered
to them by any judge or justice of the peace. On the death, resignation, or
removal from the State of any trustee, the president, or, in his absence, the
next presiding officer, shall, within three months thereafter, cause the other
trustees to be summoned to meet at the College, or such other place in
Charleston as may be thought more convenient, after a notice of ten days,
and the trustees who shall meet, not less than eleven being present, or a
majority ofthose so met, shall choose by ballot another trustee in the place
of the one so dying, resigning, or removing, who shall be vested with all
the powers and privileges of his predecessor.
III. And he it furtlicr enacted that the said trustees of the College of
Charleston, or a majority of them, shall have full power and authority, fi'om
time to time, to make, constitute, and establish such and so many by-laws, tlietollege!
rules and orders, as to them shall seem necessary and convenient for the
better regulation, government, well ordering and directins of themselves as
trustees aforesaid, as well as of the said College in Charleston, and all offi-
cers, professors, or other persons by them employed or to be employed in
and about the same, and of all students in the said College, and for the bet-
ter managing, limiting and appointing of all and singular the trusts and au-
thorities m them and each of them reposed and to be reposed, and for the
doing, managing, and transacting all things necessary for and concerning
the government of the same College, and the same by-laws, rules and or-
ders to put in force and execution accordingly, and the same again at their
will and pleasure to alter, change, revoke or annul ; all which by-laws,
rules and orders, so to be made as aforesaid, shall be binding on each and
every of the said trustees, and on all officers, professors, and other persons
by them employed, and on all students in the said College, and shall be from
time to time by each and every of them inviolably and punctually observed
according to the tenor and effect thereof, under the several pains, penal-
ties and disabilities therein expressed, fixed, appointed, or declared ; provi-
200 STATUTES AT LARGE
A. L). 17'J1. Je J that the same sliall be reasonaMc, anil not coutrai'y or repugnant to the
^-^'^'"^^ laws of this .State, or of the Congress of tiie United States of America.
IV. And ht- It further cnuctctl thai the saiil trustees, or so many as shall
May confer be fixed on by their by-laws as aforesaid, shall have full pnwei', by the prin-
degrees. cipal or pi ofcssors of the said Collc'jfe, to grant or confer such degree or de-
grees in the libera) arts or sciences to any of tiie students of ll\e said Col-
lege, or other persons by theiii thought \\orthy tliereof, as are usually gran-
ted and conferred in other Colleger, ni Europe or America, and to give di-
plomas, or certificates thereof, signed by them and sealed with the common
seal of the trustees of the College, to authenticate and perpetnute the
memory of such graduation.
v. Ami he it furtlar enacted that no person shall be excluded from any
liberty, privilege, immunity, office, or situation in the said C^illegc, on ac-
Relmoua count of Ills religious persuasion, provided he demean himself iu a sober,
irecdom. peaceable and orderly maimer, and conform to the rules and regulations
thereof.
VI. And Ic it further enacted that no misnomer of the said College of
Charleston shall defeat or annul any gift, grant, devise or bequest to the
same, provided the intent of the parties shall siifficienlly ajipcar upon the
Gifts, Legaciss, fjjgg ,,f t^jg ,jriff^ grant, will or other writing whereby any estate or interest
was intended to pass to the said College ; nor shall any di'uscr or iinnnscr
of the rights, lilx'rtie«, privileges, jurisdictions and authorities, t'ereby
granted to the said College, create or catiso a forfeilnic thereof; and that
the part or share rif all legacies heretofore beipieathed towards the estab-
lishment of a College or Colleges to heereclei' m tliis Slate, «liich by the
aforesaid Act were vested in llie iruslecs foi' Charleston Colleire, shall cou-
tinue so vested iu them and their successors fiirevei forthe puijioscs ofore-
said.
VII. And fie it further enacted by the authority aforesaii', Thai the said
May draw a lot- trustees shall be, and they are hereby, fully aiuhorised and empowered to
*^'^' hold and proceed to the drawing of one or two lotteries, ami finidly to con-
clude the same, so as to raise in the whole a clear net sum nol exo'eding
three thousand pounds sterling, for the use and benefit ofihe said College.
VI II. And he it further enacted lliat all and eveiy part of the said Act
Former enact- passed the nineteenth day of March, in the year of our Lord one thousand
nicntsrcpcalod. seven hundred and eighty-live, which relates or apperlaiiH solely to iho
College establi.shed in Chmleston, shall be, and the same is and are hereby,
repealed and made null and void as to the said College, or the trustees thereby
appointe'l. And thai this Act sliall be deciued a pubUi- Acl, mid judicially
Tliis a imblic '''I^P" notice of as such without s]iecial jtleadinj; ; that the same shall he
Act. liberally construed, for fully carrying into eflocl I he beneficial |iiirpose3
hereby intended : and if any person or pci-sons .shidl be sued for any matter
done in pursuance hereof, he, si;e or ihey m;.'y plead the general i.^siie, give
this Act and the special mailer in evidence, and on di.scontiiuiance by, or
judgment against, the plaintiir, shall recover treble costs.
In the Senate IIouk, the twentii'ili day of Oecember, in the year of o«r Lord ono thou-
sand »evcn hnndn-d and ninely-nne, and in I'le sixlocnili year of llie IndejXMidcnco of
the United Sleli-« of 4..i.-.irii.
DAVID RA MSAY, P.e.mlent of the Senate.
JACU3 READ, Sjicftker of the House of licjfrcscntatives.
OF SOUTH CAROLINA.
AN ACT TO EXONERATE James Postell fkom the Purchase or two No. 1538.
Tracts of Land sold him by the CoMMIssIo.^EK•s op Forfeited
Estates, late the Property of John Rose ; axd for other puu-
POSES THEREI.N MENrl0>ED.
AVHEREAS, the commissisoners of forfeited estates did, on the first day
of November, in the year of our Lord one thousand seven hundred and
eighty-six, sell and dispose of at public auction, to James Postell, two tracts
of land, late the property of John Rose, one containing nine hundred and
thirty-one acres, and the other, supposed to be two hundred acres, was preamble
found to contain one thousand four hundred and sixty acres, and that the
last menCioned tract having the timber-land, was essential to the former
tract; that one hundred and forty acres of the said two hundred acres, is
claimed and taken possession of by John Smith, by which the former
tract of nine hundred and thirty-one acres is rendered of little value, and
that should the said James Postell be compelled to comply with the terms
of said purchase, under these circumstances, it would be highly injurious:
I. Tlierefore, he it enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the Postell Exone-
authority of the same. That the said James Postell be, and he is hereby, ex- ™'>'<'-
onerated from the aforesaid purchase.
II. Be it further enacted that the said James Postell do pay into the
hands of the commissioners of the treasury, on or before the first day of To pay for use
May, in the year of our Lord one thousand seven hundred and ninety-two, «'' 'and.
the sum of seven shillings for each and eveiy acre of rice land ; and also the
further sura of three shillings for each and every acre of provision land
the said James Postell planted, for each and every year during the term
he has been in possession of the same ; and shall also deliver on oath to
the said commissioners of the treasury, or one of them, a just and true ac-
count of the quantity of acres of rice and provision land he annually plant-
ed during the term aforesaid.
III. And be it further enacted by the authority aforesaid. That the commis-
sioners of the treasury shall, as soon as may be, sell and dispose of the two The hmd lo be
tracts of land aforesaid, giving six weeks notice of the time and place of^°
the intended sale, on a credit of one, two, three and four years ; the pur-
chase money to be paid in specie, with interest of seven per cent per an-
num, also payable in specie at the expiration of each year ; and that they
shall take bonds, vdth. sufficient landed and personal security in this State,
for the said purchase money ; which bonds and securities shall be taken in
the name of the said treasurers for the use of this State ; and the commis-
sioners, and the sur\'ivors and survivor of them, are and is hereby em-
powered and required to execute sufficient titles and conveyances for vest-
ing the aforesaid property, which may be sold by them aforesaid, in the
persons who shall respectively purchase the same, their heirs, executors,
administrators and assigns, respectively, for the term for which the above
mentioned land was sold ; any law, usage or custom to the contrary not-
withstanding.
In the Senate House, the twentieth day of December, in the year of our Lord one thou-
sand seven hundred and ninety-one, and in the sixteenth year of the Independence of
the United States of America.
DAVID RAMSAY, President of the Senate.
.JACOB READ, Speaker nf the Home of Representatives.
VOL. v.— 2C.
STATUTES AT LARGE
No. 1539. AX ACT to iiicotporaie the German Friendly Society.
(Passed December 20, 1791. Ser last volume.)
No. 1540. AN ACT to iiicor|iorale llie Society lor promoting and encouraging the
Eilucation of Children, and assisting and establishing Schools for that
purpose in Beaufort District.
(Passed December 20, 1791. S(e last vo/ui/ic.)
No. 1541. AN ACT pRF.sciuHiNG, ON THi; PAKT iiK THIS SrATi'., rnr. time, i-i.ace
.\.\u man.nkk of apl'ointi.ng electoit.s of a i'uesiuint a.nu vlcb
Pkesioent ok the United States.
WHEREAS, the Constitution of the United States of America has
ordained that " each State shall appoint, in such manner a.s the legislature
thereof may dire(-t, a number of electors, ecjutd to the whole number of
senators and representatives to which the State may be entitled in
Congress," and that " Congress may determine the time of choosing tlie
Trcamble. electors and the day on which they shall give their votes," and that
" tlie day shall bo the same throughout the United States." And
whereas, Congress, by their Act passed and approved the first day <if
March, in the year of our J.iord one thousand seven hundred and ninely-
two, did enact that " eleclors shall be appointed in each Slate lor the elec-
tion of a Piesiilent and Vice President of the United States, within thirty-
four days prccedingtlic first Wednesday in December, one thousand seven
hundred and ninety-two, and within thirty-four days preceding the first
Wednesday in December in every fourth year succeeding the last election;
which electors shall be equal to llie number of senators and re]iresenta-
tives to which the several States may by law be entitled, at the lime when
the President and Vi<:e President thus to be chosen should come into office ;
and that the electors shall meet and give their voles on the first said Wed-
nesday in December, at such ]>laco in each State as shall be directed by the
Legislature thereof:"
I. Be it then fore enacted, by the honorable the Senattr and House of
Representatives, now met and silting in (Jeneral Assembly, and by the
l're»i<lcniial authority of the same. That electors of a I'resident and Vice I'n-sident of
electors, whnn [he United States shall be appointed by ballot on the Tuesday preceding
choacn" '"'"' Wednesday \.\u: fifth day of December,' in the present year, one thonsnnd
seven hundred and ninety-two, in Ihe House of Representatives at Co-
lumbia, by the Legislature of this .State, or by such persons, as shall be
returned members thereof and shall alleiul on thai day. And also, that
the electors of a President anil Vice I'resident of the United Stales shall
be appointed by ballot on the Tuesday preceding the first Wednesday in
December, in every fimrlh y<'ar succeeduig the last election, in the flousc
of Representatives, at ('nhimtiia, by the l.iegislalme of this Slale which
shall be then existing, or by such persons us shall be returned inembers
OF SOUTH CAROLINA. 203
thereof and shall attend on that day. And the electors chosen in manner Al>. 1792.
abovementioned, previous to executing their appointment shall, before ^•^^~^'''^-^
his Excellency the Governor or Commander-in-chief for the time being,
or, in case of his absence, before one of the justices of the (jnoruin, take the
following oath or affirmation, viz: "I, A B, do solemnly swear (or affirm, as
the case may be) that I will faithfully and conscientiously discharge niyogji,_
duty as an elector of a President and Vice President of the United States:
So help nie God." And the electors, when so qualified, shall convene at
the State House in Columhia, at eleven o'clock in the forenoon of the day
above specified, for the election of a President and Vice President, to pro-
ceed on that business.
In the Senate House, the third day of December, in tlie year of our Lord one thousand
seven hundred and ninety -two, and in the seventeenth year of the Independi'nre of
the United Stales of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Reprefeiitathes.
AN ACT TO ALTER AND AMEND THE AcT ENTITLED " An Act tO oblige No. 1.542.
Pcrso/iii interested in Marriage Deeds and Contracts to record the same
in the Secretary^ s Ojfice of this State."
WHEREAS, the Act of the Legislature, passed the eighth day of
March, in the year of our Lord one thousand seven hundred and eighty-
five, entitled " An Act to oblige persons interested in marriage deeds and Preamble,
contracts to record the same in the Secretary's office of this State," has
been found to be defective and inadequate to remedy the mischiefs thereby
necessary to be provided against, inasmuch as the sanction or penal clause
of the said Act is judicially deemed and declared not to extend to and
comprehend such marriage deeds, settlements or contracts as were actually
existing at and before the time of passing of the said Act ; in remedy
whereof,
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting; in General Assembly, and by the ,,
I _ . - J ^ J jlarriace con-
authority of the same. That all marriage contracts, deeds and settlements tracts, deeds,
which existed and were of legal force and operation at the time of the and settlements
passing of the said Act, and have not been recorded within the time and'"
manner therein prescribed, after being duly attested and proved shall be
recorded or lodged in the secretary's office of this State, within eighteen
months after the passing of this Act ; otherwise, and in case of neglect and
default of recording or lodging the said marriage contracts, deeds and set-
tlements, within the time and in manner therein prescribed and directed,
then the same and every thing therein contained shall be, and are hereby
declared to be, fraudulent, and null and void, with respect to and against
creditors and bona fide purchasers and movtagees.
II. Be it further enacted by the authority aforesaid. That all marriage
contracts, deeds and settlements, to be made after the first day of June ^'""''^'^'"''
next, shall therein describe, specify and particularize the real and personal
estate thereby intended to be included, comprehended, conveyed and pass-
ed, or shall have a schedule thereto annexed, containing a description
204 STATUTES AT LARGE
A.U. I7;ii!. and tlie particulars atul articles of tlie real and j)ersonal estate intended
^"^'"^'"^'^ to be conveyed and passed by such mairiage contracts, deeds and settle-
ments ; which said schedule shall be thereto annexed, and siijned, ex-
ecuted and deliveied by the parties, therein interested, at the time of the
signing, executing and delivering the said marriage contracts, deeds and
settlements, and be subscribed by the same witnesses who subscribed the
said marriasc contracts, deeds or settlements, and shall be recorded there-
with ; otherwise, and in default of such schedule and recording thereof as
aforesaid, the said marriage contracts, deeds and settlements shall be, and
are hereby deemed and declared to be, fraudulent, and null and void, with
respect to and against creditors and bona fide jiunha^ers or moitgagees.
Proviso. Provided, that where any marriage settlement shall be made previous to
tnarriage, nothing herein contained shall be construed to extend to make
the property settled thereby liable, in default of a schedule, or not being
duly recorded, to the payment of any debts contracted by any husband
previous to such niarri;ige, but only to such debts and contracts as shall
have been incurred and miade by the said husband subsequent to the
marriage taking place.
In the Senate House, the iwonty-first day of December, in the year of our Lord one lliou-
sand seven hundred and ninety-two, and in the seventecnili year of the Independence of
the United States of AnicricQ.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
No. 1543. AN ACT to alter and amend the several Acts for establishing and
regulating the Circuit Courts throughout this State.
(Passed December 21, 1792. See last volume.)
No. 1544. AN ACT to prohibit the importation of Slaves from Africa, or other
places beyond Sea, into this State, for two years ; and also to prohibit
the importati(m or bringing in Slaves or Negroes, Mtilattoes, Indians,
Moors or Mustizocs, bound for a term of years, from any of the United
States, by land or by water.
(Passed December 21, 17!l2. So last rn/iinir.)
No. 1545. AN ACT to grant a further lime to the owners of Wharves in Charles-
ton, and other persons having wooden buildings thereon, used as stores
only, to ])ull the same down.
(Passed De<enil>er 21, 1792. See last volume.)
OF SOUTH CAROLINA.
AN ACT TO UEPEAL A PART OF THE AcT PASSED FEUnUAKY 19, A. D. No. 1546.
1791, ENTITLED " An Act for gradually calling in andsinldng the Paper
Medium, issued by virtue of an Act to establish a Medium of Circulation
bij way of Loan, and to secure its credit and utility; passed October 12,
A. D. 1785 ; AND FOR OTHER PURPOSES THEREIN MENTIONED.
WHEREAS, by reason of the extraordinary drouth which prevailed du-
ring the last summer throughout this State, many of the inhabitants there- J^rs^amble.
of have lost, some a part and others nearly the whole of their crops, where-
by they will be deprived of the means of paying such part of the principal
of the paper medium by them borrowed, as will become due on the first
Wednesday in March next :
1. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au- purther time
thority ofthe same, That so much of the Act passed the 19th day of Februa- allowed to pay
ry, inthe year one thousand seven hundred and ninety-one, entitled " An j|jJ'^P"I"^''™'''^'-
Act for gradually calling in and sinking the paper medium issued by virtue
of an Act entitled An Act to establish a medium of circulation by way of
loan, and to secure its credit and utility," passed the 12th October, 1785,
as requires one fifth part of the principal sum borrowed ofthe said paper
medium, to be paid by the borrowers on the first Wednesday in March
next, which will be in the year one thousand seven hundred and ninety-
three, shall be, and the same is hereby, repealed; and that such fifth part shall
be payable at the time when the last payment shall become due under the
said Act : Provided, that no borrower of the paper medium who failed to
make the payment which was required to be made on the second Wednes-
day in May, one thousand seven hundred and ninety-one, or who failed
to make the payment which was required to be made on the first Wed-
nesday in March, one thousand seven hundred and ninety-two, shall be en-
titled to the benefit of this Act ; unless such boiTower shall, on or before
the first Wednesday in INIaich next, which will be in the year of our Lord
one thousand seven hundred and ninety-three, pay up whatever may be due
by such borrower on account of either of the instalments of the principal
before mentioned, and the whole of the interest that will become due on
the first Wednesday in March, in the year one thousand seven hundred
and nine-three, together with all costs and charges which may have accrued
in consequence of such borrower's default ; but nothing in this proviso con-
tained shall abate or otherwise affect any suit brought or judgment ob-
tained against any person or persons who failed to make payment agreea-
bly to the directions of the said Act, passed on the nineteenth day of Feb-
ruary, in the year one thousand seven himdred and ninety-one, or any sale
made under or by virtue of the said Act.
II. And be it further enacted by the authority aforesaid, That in every
case where the treasurer in Charleston has by virtue of the said Act, org^jea to be en-
where the commissioners of the loan office have sold the land mortgaged forced.
for any of the said paper medium, and the purchaser thereof has failed to
comply with the terms of sale, the said treasurer shall proceed against such
person or persons hereafter purchasing such lands in the same summary
manner as is directed by the Ordinance for regulating public vendues, when
purchasers fail to comply with the terms of sale.
III. And he it further enacted by the authority aforesaid. That the trea-
surer in Charleston shall, on the Wednesday four weeks after the first
206
STATUTES AT LARGE
Lands inort-
eaRcd to the
State to be
sold.
Wediiosday in Match next, expose to public sale to tlie liigliest bidiler, all
sttcli lands as lie or the late commissioners of the loan oflice may havo
bought in, on account of the State, at any sale made in consequence of
any default made by any borrower of the paper medium, on a credit of one,
two, three and four years ; taking from the purchaser thereof a mortgage
of the premises sol<l, and a bond with approved personal security, beating
interest from llie date : Provided, that the said treasurer shall advertise
such intended sales in the Gazettes of Chaiieslon and Columbia, for tliree
weeks previous to the time of sale : And providi-d fiirllier, that if the per-
sons who are the borrowers of the paper medium shall pay, on or before the
Wednesday four weeks after the first Wedtiesday in March next, the ar-
rears of interest and principal by them then due, and give such additional
security as shall be recpiired by the cotntnissior.ers of the treasury, then
the said lands sold as aforesaid shall be restored, but subject to the origi-
nal moitfirafre, in trust for the public ; and the former proprietors, or their le-
gal re[)resentatives, shall be entitled to the same benefits they would have
been entitled to if no default had l)eeti made.
IV. And he it further enacted by the authority aforesaid. That whenever
the said treasurer shall, at any future sale of any land mortgaged for the
said paper medium, buy in, on account of the State, any such land, he shall
within two months from the time of buying in any sucii land, as aforesaid,
proceed to have the same sold in the same manner and on the same terms
as are mentioned in the next preceding clause.
In tlie Senate House, this twenty-first day of December, in the year of our I.iird ciur
thousand seven liundrcd and ninety-two, and in the seventeenth year of tlie Indejtcn-
dcnce of the United States of America.
DAVID RAMSAY, Prexident of the Senate.
JACOB READ, Sjunkrr r/f t?ie House f>f Rcjtrcsetita lives.
No. 1547. AN ACT relating to the recovery of Arrears and other Debts, Dues
and Demands, owing to Bodies Corporate by their Members.
(Passed December 21, 1792. See last volume.)
No. l.'>48. AN ACT Tu extrnp tui-; timi; roii r.\KiN(; oi't oi- tiii; SErnrxARv's
Office such Ghants of La.nu a.s now i.it; in the said Office.
WHEREAS, by a clause of the Act enlilled " An Act for establishing
the nujde of gratiting the lands now vacant m this State, and for allowing a
commutatioii to be received for some lands that have been granted," pass-
ed on the nineteenth day of February, in tlic year of our l^ord one thou-
sand seven hundred and nitiely-one, it is enacted that all giants <if land in
the secretary's ollice, and which .thould not he taken out within twelve
mcinlhs from the passing of thai -Art, should be then S(jld to the highest
bidder, by the commissioners of tlu' trea.sury ; and such lamls have not yet
been sold, and it is thought expedient to extend the lime of sale still
longer ;
I. Be it therefore cnneled, by the honorable the Senate and House of
OF SOUTH CAROLINA. 207
Representatives, now met and sitting in General Assembly, and by the A.U.17!W.
authority of the same, Tiiat the sale of the said lands shall be postponed ^-^""v^**-/
for twelve months, and no lonoer: and that if any person shall, within that
1 T /• 1 1 1 11 1 A r *. u r urther time
tmie, pay up the money due lor the land, agreeably to the Act tor estab- ^K^^jej
lishing the mode for granting lands now vacant in the State, and for allow-
ing a commutation to be received for some lands that have been granted,
together with the fees due on his grant, and the expenses incurred there-
on, he shall be entitled to the said grant and the land thereby granted him ;
any thing in the said clause of the said Act to tho contrary thereof m any
wise notwithstanding.
In the Senate Hou.'^e, the twent} -first day of December, in the year of our Lord one thou-
sand seven hundred and ninety-two, and in the seventeenth year of the Independence
of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Sjjeaker of the Horise of RepreseiUatives.
AN ACT TO AUTHORIZK THE ColTNTV CoURTS AND COMMISSIONERS OP No. 1549.
THK Roads to grant Licences for keeping Billiard Tables.
I. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same, That where county courts are or shall be established, all appli-,,.,,. , ,,
I- 1 •!,■ II- 1 11 1 1 I if Billiard tables
cations tor billiard licences shall be made to the county courts, and where to be licenced.
no county courts are established, to the commissioners of the public roads,
who shall respectively have the power of granting the same ; which licen-
ces so granted shall only be of force for one year ; and the price for bil-
liard licences (except in Georgetown, the city of Charleston, and the town
of Camden) shall be twenty pounds ; and the monies so received shall be
applied by the persons granting the same as the monies arising from tavern
licences have been heretofore applied ; and the clerk who makes out the
licence as aforesaid shall be allowed for his trouble four shillings and
eight pence.
II. Be it further enacted by the authority aforesaid. That if any person
or persons not duly licenced agreeably to law shall, at any time hereafter. Penalty on
presume to keep a billiard table, he, she or they shall forfeit the sum of '"^fP'"S •'"="
i.j. , ^,. , , '' . . . „ . unliceuced.
iiity pountls sterling money, to be recovered by bill, jjlaint or miormation,
in any court of record within this State, by any person who shall inform
or sue for the same, one half thereof to be paid to the said informer, and
the other half to be applied in the same manner as the money arising
from licences granted as aforesaid was intended to be applied by this
Act.
In the Senate House, the twenty-first day of Decemlier, in the year of our Lord one thou-
sand seven hundred and ninety-two, and in the seventeenth year of the Independence
of the United States of America.
DA^aD RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
No. 1550.
Rate oftaxa-
tiononlnndd.
STATUTES AT LARGE
AN ACT FOR RAISING SUPPLIES FOR THE YEAR OF OUR LoRU ONE
THOUSAND SBVEN HUNDRED AND NINETY-TWO.
WHEREAS, we, the representatives of tlie free and indcpenJent State
of South Carolina, in Cxeneral Assembly met, have tliought it expedient
and necessary that a tax, for the sums and in manner herein mentioned,
should be assessed, raised, and paid into the public treasury of this Stale,
for the use and sen'ice thereof :
I. 7Jt'i< //icrc/b/-fc«c/f^'(/, by the honorable the Senate and the honorable
the House of Representatives, now met and sitting in General Assembly,
and by the authority of the same, That the sum of ten siiiihncrs per
centum ad valorem on every iiundred pounds, to lie paid in specie or
paper medium, shall be, and is hereby, imposed on all lands granted within
this State, and in the manner and under the several regulations heicinafter
set forth and expressed, that is to say : No. 1. All tide swamp not
generally attected liy the salts or freshes, of the first quality, shall be
rated at six pounds per acre; of the second quality, four pounds j>er acre;
of the third (juality, two pounds per acre ; all ])ine barren lands adjoining
such swamps, or contiguous thereto witli respect to the benefit of water
carriage, at ten shillings per acre ; all prime inland swamp, cultivated and
uncultivated, at an average of three pounds per acre ; second <|uality,
ditto, two jiounds per acre; third quality, ditto, one pound per acre ; pine
barren lands, adjoining or contiguous thereto, at five shillings per acre ;
salt marsh or inland swamp, clearly proved to the assessors to be incapable
of immediate cultivation, five shillings per acre. 2. High river swani]) or low
grounds, cultivated and uncultivated, including such as are commonly called
second low grounds, lying above the fhjwing of the tides, and as liitrli u]i
the country as Snow Hill, on Savannah river, the fork of Uroad and ."^iiliida
rivers, on the Congaree, Graves's Ford on the Wateree, and the boundary
line on Pedee ; the first quality at three pounds per acre ; the second
quality at two pounds per acre ; the third (piality one pound per acre ;
except such as lie so low iis to be clearly proved to the assessors to be in-
capable of immciliatc cultivation, which shall be assessed at five shilliii<rs
per acre. 3. All high river swamp, or low grounds, lying above Snow Hill,
the fork of Broad and ."^ahKla rivers, (Jraves's Ford, and the old Indian
boundary line, fifteen shillincs ])er acre. 4. All hii,di lands without the limits
of St. l'liili))'s and St. .Michael's jjarishcs, on .lolin's island, .lames island,
and on the main, witliin twenty miles of Charleston, at one pound per acre.
5. All lands on the Sea islan<ls, Slann's island included, or lying on or con-
tiguous to the soasl)ore, Jisually cultivated, or capable of cultivation, in
corn or indigo, and not within the limits ]irescrii(ed in cla.ss number four,
one pound per acre. 6. All oak and iiickory high lands lying below
Snow Hill, the fork of JJroad and Saluda rivers, (Jraves's Fonl, or the
boundary line on Peilee, and not included in the limits or descrij)tion of
the two preceilin-r classes, numbers four ami five, at fifteen shillings per
acre. 7. All pine barren lands not included in classes number one, four,
and five, to be a.ssessed at one shilling per acre. S. All oak and hickory
high lands lying above Snow Hill, the fiirk of Broad and .Salinla rivers,
and Graves's Ford, the first quality, eight shillings per acnr ; the second
quality, five shillings ))er acre ; the third ipiality, two shillings per acre. 0.
All oak and hickory high lands alxivt- the old Indian lioumlary line, the first
quality, six shillings per acre ; the second ([uality, three shillings |)er acic :
OF SOUTH CAROLINA. '-^09
the third quality, one shilling per acre. That all huuls within the parishes A.D.l<H-2.
of St. Philip and St. Michael shall be assessed in the same manner and ^-x^'^^'^-'
upon the same principles as houses and lots in Charleston, and in a
relative proportion to lands in the country. That the sum of three
shillings and si.'i pence per head shall be levied on all slaves; the sum Rate of taxing
of two dollars per head on all free negroes, mulattoes, and mustizoes,^''^^''^^' '■^'^•
between the ages of sixteen and fifty years ; four shillings and eight
pence on every wheel of all carriages, (carts, wagons, and drays excepted) ;
and ten shillings per centum ad valorem on all lands and lots and buildings
within any city, village, or borough, and on every hundred pounds in
trade, factorage, employments, faculties and professions, (clergymen, me-
chanics, schoolmasters and schoolmistresses excepted) — to be ascertained
and rated by the assessors and collectors throughout the State, according
to the best of their knowledge and information ; to be paid in specie or
paper medium of this State.
II. And be it further enacted, by the authority aforesaid, That all negroes
and other slaves who are employed on any lands leased by any person or^j^Jij^j^'jlP,"^'
persons of the Catawba Indians, shall be and they are made liable to the lands,
payment of this tax.
ill. And be it further enacted by the authority aforesaid, That the en-
quirers, assessors and collectors, appointed by law, shall, for their services '^"'"P^'?'""'"
T , ;. , ,,,.,. ' '^'^. ■! . , . . , , ot enquirers,
in the discharge ot their duties, receive, on closing tlieir accounts with trie aggessorB, &c.
commissioners of the treasury, five per centum, except the parishes of
St. Philip and St. Michael, who are to receive 2A per centum, on the
amount of the taxes by them collected, to be allowed and paid to the said
collectors.
IV. And be it farther enacted by the authority aforesaid. That the en-
quirers, assessors and collectors shall begin their enquiry on the sixth day Returns of
of February next ; and that where all the collectors who were appointed ^^ j^'^. ,naje.
for any parish or county are dead, and the tax returns not closed with
the commissioners of the treasury, the collector who shall be thereafter
appointed is hereby directed and ordered to demand receipts or to admin-
ister an oath, or to procure other satisfactory proof from the persons of
the county or parish, that he or they had paid their taxes for the preceding
years, in order to discover their taxes still due, and to enable the public to
ascertain what sums of money are due by the estates of the deceased col-
lectors ; and should the executors or administrators of the deceased collec-
tors refuse to produce the accounts of the deceased, or give information on
the subject, the commissioners of the treasury are hereby ordered to put
the law in force against the estates of the deceased collectors.
V. And be it further enacted by the authoiity aforesaid. That the said
assessors and collectors appointed by law shall do and perform all and Duty of the
singular the duties appertaining to their office, as described in an Act "g'Jg^^^j"'^''^''"
entitled " An Act for declaring the powers and duties of the enquirers,
assessors and collectors of the taxes, and other persons concerned there-
in."
VI. And be it further enacted by the authority aforesaid. That the com-
missioners of the treasury be, and they are hereby, directed to furnish 'r''''"'J'''*''"'.'"
copies of this Act to each of the assessors and collectors appointed by law, „(• ,1,15 ^(.(.
throughout this State, within one month after the passing of this Act,
and their reasonable expenses incurred thereby shall be reimbursed.
VII. And he it further enacted by the authority aforesaid, That all per-
sons any wise liable to pay the taxes hereby imposed, shall, on the si.xthTime of pay-
day of February, give in a true and just return of the quality and quantity ™'"" "
of the lands, slaves and carriages, as are directed to be taxed by law, either
VOL. v.— 27.
210 .STATUTES AT LAIUiE
A.I). I7'.t!i. i„ ],is_ her or (lioir own right, or in the risjlit of any other person or pei-sons
^-^'""^"^"^ wliat.soever, as guardian, executor, administrator, attorney, agent or trus-
tee, or in any otlicr manner whatever ; and sliall, on or before the sixtli
day of May, in the year of our Lord one thousand seven hundred and
ninety-three, pay in their taxes to the assessors and collectors by law ap-
pointed for the parish, county or district where the paity making such
return, either by himself or family, resides the greatest part of the year.
And that the said assessors and collectors shall pay the same, and settle
their accounts with the treasury, on or before the sixth day of June, which
will be in the year of our Lord one thousand seven hundred and ninety-
three ; any law, usage or custom to the contrai-y thereof in any wise not-
withstanding.
Vlll. And lie it enacfed hy the authority aforesaid. That all the interest
Appropriniion. of the paper medium issued by virtue of an Act passed the twelfth day of
October, in the year of our Lord one thousand seven hundred and eighty-
five, now due, or to grow due on or licfore the liist Wednesday in ^larch
next, is hereby appropriated to make up any deficiencies of the money
prtiposed to be raised by this Act, so far as conjointly to constitute an
adequate fund for discharging all arrearages due in specie, together with
the expences of the current year.
In llie .Senate House, llie twentv-first day of December, in tlic year of oiir Lord one ihou-
Fand seven hundred and ninety-two, and in the seventeenth year of the Independence
of tiie United States of Anicriea.
DAVID RAMSAY, President of the Senate.
JACOB RE.\D, SjicaJ:cr of the House of llcprc.icnlatircs.
No. l.^.*)!. AN ACT TO ascertain tiii- Xkmis \\\ uimn -rrii- A'ti.i.agrs where-
in THE District Courts akf. luiu in I'inck.vf.v and Washington
Dl.STRICTS, shall BE KNOWN IN ]jAW ; AND TO l-UOVUIE UmFORM
.Srai.s for the several District Courts tiirokjholt the .State;
AND TO KXEMTT THE PERSONS THEREIN' srElJl-| I.I) I'ROM ToLL AND
Ferria<;r.
WIlEliHAS, it is necessary that the places wiiere the District Courts
rrcainlile. ^p(. (,cl,l jn Piiickiiey and Washington Districts, should boknown in law by
certain names.
[. Be it therefore enacted by the honorable the .Senate and House of
Rcpri^sentalives, now met aixl sitting in (ieneral Assemiily, and by llif
Names of uiuliority of the same, 'i'hal llir; place or village on the soiitli-wesi side of
villagca. Broad River, a little below, and within one mile of tlie mouth of I'acolel
River, being the situation whereon the goal and court house of the said
District have been btiilt, by the direction of the commissioners appointed
for that jmrposc, shall be called I'iiu-kncyvilli', and i>y that nanie shall al-
ways be known in law ; iiml that the jdace or village in I'l-iiillelon (Niiin-
ty in this State, where the gaol and court house of Washington District
have been built by the direction of the commissioners appointed for that
purpose, being upon land lately conveyed to the said commissioners by tin-
Honorable BrigadierGeneril Charlos Cotesworth Pinckney, shall beralli-il
Pickensville, and by that name shall always be known in law.
OF SOUTH CAROLINA. - 2]1
II. And whereas, it is proper that tlie seals of the several District A D.ir92.
Courts in this State should be uniforni ; Bi' it farther enaclnl by the au- ^-^^v-^.-^
thority aforesaid, That immediately after the passing of this Act the
Judges of the Court of Common Pleas shall, at the expense of the
State, cause eight seals to be made, one for each of the Districts, of an
impression similar to that ot the Court of Common Pleas in Charleston
District, and as nearly uniform with that seal as they in their judgment
shall ihink proper; except that each seal shall in the legend have the seals.
name of the Court in whicb it is used. One of which said eight
seals shall be delivered by the said Judges, or one of them, t-( the
Clerk of each of the District Courts of Georgetown, Cheiaw, Camden,
Pinckney, Washington, Ninety-six, Orangeburgh, and Beaufort Dis-
tricts, for the use of the said Court, at or before the next meeting of
the said several Courts ; after which time the said seals shall always be af-
fixed to such proceedings of the said respective Courts as may require the
seal of the said Courts respectively.
III. And be it further enacted by the authority aforesaid. That every
person going to or from divine service on Sunday, and every person going
to or from musters and elections, and every member going to or from the Persons ex-
Legislature of the State, and all commissioners of the roads going to and ^"I'f'JiJ, j "^fe'Jri-
from their stated meetings in their own parish or district, together with age.
their servants and attendants, and all persons in time of alarm in such
parts of the State where the alarm is, and every person who shall have to
attend any District Court or County Court as a grand juryman,
a petit juryman, a juror of the Court of Common Pleas, or a witness
in behalf of the State, or a prosecutor in the Court of Sessions, or a con-
stable travelling and employed on the business of the State, shall, free of
expense, pass every road, bridge, causeway and ferry, which may lie in his
way going to, or about, or returning from either of the said Courts, or the
busine.ss of the State as aforesaid : and that every person having the care,
management or direction, or owning any ferry, toll-bridge or causeway,
now or hereafter to be established in this State, shall be bound and
obliged to give the same attendance to every such person as aforesaid,
without fee or reward, as by law now is or hereafter may be required to
be given to any person who is chargeable with toll or ferriage ; and in de-
fault thereof, shall incur the same penalties as he would incur if a like
default had been made with respect to. any person who is chargeable with
toll or ferriage.
In the Senate House, tlie twenty-first day of December, in tlie year of our Lord one
thousand seven hundred and ninety-two, and in the seventcentli year of tiie Indepen-
dence of the United States of America.
DAVID RAINISAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ACT FOR VESTING IN THE ToVVN CoUNClL OF CaMDEN THE EX- No. 1552.
CLUSIVE POWER OF GR.t^NTING LICENCES FOR RETAILING SpiRITUOUS
A.ND OTHER LiQUORS, AND FOR KEEPING BlI.LIARD TaBLES, WITHIN TIIE
LIMITS OF THE SAID ToWN OF CaMDEN, A>iD APPROPRIATING THE
SUMS ARISING THEREFROM TO THE BKNEFIT OF SAID ToWN CoUNCIL.
"WHEREAS, the Town Council of Camden have, by their petition to
the General Assembly, represented that the inhabitants of Camden arc I'foamble.
212 STATUTES AT LARtlE
A.l>. 179i. suhjoct and liable to a very considerable taxation for all the expenses of
^-'^"'''"^*^ their corporation, which might be niucli lessensed by having the power
vested in them exclusively for grantincr licences to retail spirituous and
other liquors, and for keeping billiard tables within the limits of the said
town of Caraden, provided they were also authorized to ap]ily the monies
which they might receive for granting such licences, to the benefit of the
said town council of Camden.
I. Be if t/ien-fire enacted, by the honorable the Senate and House of
Licensesfor re- Representatives, now met and silting in General Assembly, and by the au-
tailinR liquor thority of the same. That from and after the passing of this Act the said
billiard tables, ^o^^n council of Caraden shall liave and exercise the sole and exclusive
pnvilece of granting licences for the retailing of spirituous and otiier li-
quors, and for keeping billiard tables, within the limits of the said town vi
Camden.
II. And he it further enacted by the authority aforesaid, that all and
t> r, every person and persons to whom licence shall or maybe tjranted by the
Prices of licen- . i ' •, ',. -,. ■ , , .-*..•',.
ses. said town council tor retailmg wine, brandy, rum, gin, or any spintuous li-
quors or strong drink whatsoever, (except whiskey, which may be retailed
in any quantity not less than one jrallon witliout licence) in any quantity
less than three gallons, within the limits of the said town of Camden, shall
pay for every such licence the sum of thirty shillings sterling money, to
the town council of Camden, for the use of the said town council ; and five
shillings to the clerk fm- making out such licence and the bond accompa-
nying tho same. And all and every person and persons to whom licence
shall or may be granted for keeping a billiard table within the limits of the
said town of Camden, shall pay for every such licence the sum of twenty
pounds .steiling money, to the said town council of Camden, for the u,se of
the said town council, and five shillings to the clerk for making out the li-
cence and the bond accompanying the same; and everj' licence which shall
be granted by virtue of this Act shall continue and be of force for the term
of one year and no longer.
Ill the Senate House, the tweiuy-Hrtit dnv of December, in tlic yt*ar of our Lord one
thousand seven hiinilred and i)inely-t>vu, and in the seventeenth yc\ir of the Imlepeii-
deiice of the United Slates of Aiiierica.
DAVID RAMSAY. President of tke Senate.
JACOB READ, Speahcr of the House of Rejtrescntatinx.
No. 1553. AIV ACT I'ltKscaint.NG, on tiii; pakt or riu.-; .'^rATE, Tin; ■rtMt:s, pla-
ces AKD MAN'NER OF HOLDIXU KlECTIO^S Foil RniMlESENTATIVES IN
THE CoNOKESS OF TUB UnITED St VTKS.
1. Be it enacted, by the honorable the .Soiialo and House of Repre-
The State laid *<^"^<'^'^''^^> ^^'^'^ ™*^'- """^ sitting in General Assembly, and by the
off into dia- authority of the same. That this State shall be, and is hereby declared to
tncu. i^g^ divided into six districts, for tlic piirjjose of electing Representatives
from this State to Congre.ss ; of wliich (Jharleston di.strict shall be one ; Benu-
foit and Oraii!»i;burgh districts uiiilfd another; Georgetown and Cheriiw
ilistricl.i uniteil another ; Camilon district another ; Nincly-six dislrict mi-
other; and \Vashin!»loii and I'inckney ilislricts united anolhei. And each
OF SOUTH CAROLINA. 213
of the said six districts shall send one Representative from this State, to A.O. I79a.
the House of Representatives, m the Congress of the United States ; who ^-^■"v-^^^
shall be chosen by the persons qualified to vote for members of the House
of Representatives of this State.
II. And be it Jurtlier enacted by the authority aforesaid, That the next
election of Repiesentatives from this State to Congress shall be held on jijj„j,gf„f|,Qij.
the first Monday of February next, and the day following, by the same ing elections,
managers, and at the same places, and be conducted in the same manner,
as the elections of members for the State Legislature ; and after the day
last aforesaid, the said elections shall always be held at the same times and
places, and be regulated and conducted by the same managers, and in the
same manner, as the elections of members for the State Legislature. And
the person who, at any of the said elections, shall have the greatest num-
ber of votes in the district of Charleston, and the person who shall have
the greatest number of votes in the united districts of Beaufort and
Orangeburgh, and the person who shall have the greatest number of votes
in the united districts of Georgetown and Cheraw, and the person who
shall have the greatest number of votes in Camden district, and the per-
son who shall have the greatest number of votes in Ninety-six district, and
the person who shall have the greatest number of votes in the united dis-
tricts of Washington and Pinckney, shall be the six members from this State
to the House of Representatives in the Congress of the United States.
in. And he it further enacted by the authority aforesaid. That the mana-
gers in the several election districts throughout the State shall, with-
in twenty days after any election, transmit the ballots by them respec- tJans'initted to
tively taken to Columbia, safely and securely inclosed in paper, sealed Columbia,
with their seals, and directed to the Governor or commander-in-chief of
the State, or to the Secretaiy of the State, by a person by them to be em-
ployed particularly for that purpose; who, at the time of receiving the
said packet, shall take an oath before some magistrate, " safely to convey
and deliver such packet agreeably to the direction, sickness and unavoida-
ble accidents excepted : and, in case of sickness, that he will deliver the
same in good order, and the seals unbroken at the time of such delivery,
to some other person, to be conveyed to Columbia." And the Governor-,
or the Secretary of the State (as the case may be) on the receipt of any
such packet, shall cause to be administered to the person delivering the q ,v
same the following oath : " I, A B, do solemnly swear, (or affirm, as the
case may be) that the paper, or packet, now delivered by me, with the con-
tents, were placed in my hands by the managers of the election district of
, or by ■- , (in case he hath received the same from the
messenger first instrusted;) and that the said packet hath not been deliv-
ered out of ray custody to any person since the same was delivered to me ;
nor hath such packet, or paper, been opened by me, or by any other per-
son by my knowledge, or with my connivance, or consent : So help me
God." Which paper, or packet, so delivered, shall be received by the
Governor, or Secretary ; and the several persons who shall be employed in
conveying the said packets to Columbia, from the several election districts
in this State, shall be entitled to receive and shall be paid three dollars
per diem, for coming to and going from Columbia, allowing forty miles
for each day's journey.
IV. And be it further enacted by the authority aforesaid, That the Gove-
nor, or commander-in-chief for the time being, or in' case of his sickness, i'|,e Governor
death, or absence, the Lieutenant Governor, on the first Monday in March shall ascertain
next, for the first election to be held by virtue of this Act, and on every ","'' , r™"''""'
first Monday in December next, after each succeeding election, shall cause
214 STATUTES AT LARGE
A.D. I.'i-,'. (j,^, gpjj returns to be publicly opened, examined and counted, in his pic-
^-^^'•^^^^ sencc, at Columbia, by three or more commissioners to be by him, and
under his hand and seal, appointed for that purpose, and shall ascertain
the number of votes given at the diflercnt elections for every peison, and
what six persons shall have respectively tlie tjreatest number of the votes
in the said several districts, and shall then deposit the original poll of each
of the said six districts, in the office of the Secretary of the State. And
after having ascertained what six persons have been elected, as before di-
rected, he shall notify by proclamation, that those persons have been duly
elected members of the House of Representatives, in the Congress of the
United States ; Provided always, that if both the Governor and Lieuten-
ant Governor should be absent from Columbia, the Secretary of the State,
together with the three commissioners, to be appointed as herein before
mentioned, shall and may open and count the votes, and ascertain the six
persons elected as aforesaid, and transmit the residt tliereof to the Gover-
nor, or, in case of his absence or death, to the Lieutenant Go\ernor, to
be notified by proclamation as aforesaid : Provided also, that the three
commissioners to be appointed as aforesaid shall, in all cases, before tiiey
proceed to act in the premises, take an oath before some magistrate,
" That they will, faithfully and impartially, and to the best of their skill,
discharge the duties required of them by this Act."
V. And he it enacted by the authority aforesaid. That the managers of
Votes to be the said elections be, and they are hereby, required the next day after the
'^°"""''' ''y ^'^ poll sliall be closed, to count over in a public manner the ballots which
' shall be given in the respective election tlistrict*, for the res])ective candi-
dates or persons ballotted for ; and the said managers shall keep an
account in writing of the number of votes which each candidate shall have ;
and shall also transmit to the Governor, with the ballots, a duj)licate of
such account.
VL And he it further enacted by the authonty aforesaid. That in case
In rase of va- the same person shall be returned for two or more of the said districts, he
cancies, tc. j,jjjy within twenty days after the notice shall be given him thereof, choose
for which district he will serve ; and on his making such choice, or neglect-
ing so to do, within the said term, the Governor, or commander-in-chief,
shall direct another election to be held within twenty days thereafter
for the vacant district or districts, to be conducted and regulated in hke
manner as before prescribed : And the Governor, or commander-in-chief,
.shall proceed in the same manner where the member elected in any of the
said six districts refuses to sen'e, or omits to signify to the Governor or
commander-in-chief within twenty days after he has received due notice
of his election, his intention of serving. And in case of the death of any
person elected, or if his seat shall become vacated by any oilier means, or
if two or more persons shall have equal votes for the same district, the
Governor, or commander-in-chief, shall order a new election, as the case
may require, to be conduted as nearly as may be in the manner before
jircscribed.
In the Sennle lloiiHr, ilic Iwcniy-fin'l ilny of nrrcniher, in ihr yeiir ofiinr l.oril one (liou-
Bnnd i*cven hundred nnrl nineiy-lwo, and in (ho Hrvcntemlh year of the Indejirnilencc
of the L'nitcd Sinter of Aniericn.
DAVID RAMSAY, President of the Senate.
JACOB REAL), Sj>eaker of the Uoutc of lupresintatirr.i.
OF SOUTH CAROLINA.
AN ACT TO ESTABLISH AN INSPECTION AND WAREHOUSES AT OR NEAR No. 1554.
THE Fisu-Da.m Ford, on the South side of Broad River.
WHEREAS, it has been represented to the Legislature by the inhabi-
tants who live adjacent to the 'Fish-Dam Ford, that it would tend veiy I'''™™'''*-
much to their and the public convenience to have an inspection and ware-
houses established at or near the Fish-Dam Ford ;
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the jn^pg^do,, ^nd '
authority of the same, That an iuspection and two or more warehouses, warehouses to
for the inspection and reception of tobacco and flour, shall be established ^'' established
and erected at or near the said Fish-Dam Ford, on the south side of Broad Ford.
river, aforesaid, as soon as conveniently may be after the passing of this
Act ; which, in as far as the same relates to tobacco, shall be subject to
all the regulations, restrictions and conditions mentioned, set forth and
expressed in and by an Act of the Legislature entitled " An Act for regu-
lating the inspection and exportation of Tobacco," passed the thirteenth
day of March, one thousand seven hundred and eighty-nine.
II. A?id he it enacted by the authority aforesaid. That Colonel Thomas
Brandon, Colonel Joseph Brown, Bernard Glenn, James Glenn, William ^ .^ .
Kennedy, John Wilson, and William Fair, shall be, and are hereby ap- appointed,
pointed, commissioners to fix upon the most convenient place at or near
the said Fish-Dam Ford, for the said insjjection and warehouses. And
that the said commissioners, or a majority of them, shall have the power
to choose inspectors for the said warehouses, and to make such additional
regulations to those prescribed by the aforesaid Act as they, or a majority
of them, shall deem expedient and necessary.
III. And be it enacted by the authority aforesaid. That the said com-
missioners, or a majority of them, shall be, and they are hereby, empower- inspection of
ed to make such regulations respecting the inspection of flour, as they flour,
shall think fit.
Fn the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand seven hundred and ninety-two, and in the serenteenth year of American
Independence.
DAVID RAMSAY, President of the Senate.
JACOB READ, Sinakcr of the House of Rej'resenlatives.
AN ACT FOR enlarging the powers of the Commissioners of i>Jo. 1555.
Columbia ; and for other purposes therein mentioned.
WHEREAS, the restrictive operation of the third clause of an Act
entitled " An Act to appoint commissioners to purchase lands for the pur-p , ,
pose of building a to\vn, and removing the seat of goverament thereto,"
has been found unfavorably to aflect the sale of lands in the town of
Columbia:
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
216 STATUTES AT F.ARGE
A. D. 1792. authority of the same, That the commissioners lot- the time being of the
^■^'"^'^^^ town of Columbia, may hereafter sell and dispose of, at public auction,
. . after giving thirty days public notice thereof, on a credit of twelve months,
muv se^riotb. ^iy "' ''•'^ lands laid ofl'in the plat of said town, except the streets lead-
ing to and the street on the Congaree river, either by large or small par-
cels, as to them shalU seem proper, and for such price as can be procured
therefor, so that such sale be not for less than seven guineas per acre ; and
proWded also, that the power hereby vested shall not extend to authorize
the sale of any lots of land which lie within the bounds of the streets
known by the names of Pickins street, Gadsden street, Divine street, and
Plain street.
II. And be it further enacted by the authority aforesaid. That vendue
masters, hereafter selling any lots or squares within the limits of the town
of Columbia, shall receive their commissions only for such lands as shall
be sold and actually paid for.
III. And be it further enacted by the authority, aforesaid. That the pur-
chasers of lots of land without the boundaries aforesaid, shall be permitted
to erect thereon dwellmg houses of any dimensions, or of any matenals
they may choose ; any law to the contrary thereof notwithstanding.
IV. And be it further enacted by the authority aforesaid. That tlie coni-
One souare missionei's of Columbia be, and they are hereby, authorized to convey to
given lo the Thomas Taylor, .James Taylor, (Jeorge Wade, James Green Hunt, and
free school. Benjamin Waring, and their successors, as trustees for tlie free school at
Columbia, one of the out squares of four acres, of the land resen'cd for
the use of the public, in the said town of Columbia, for the use of the
said free school.
In the Senate House, the twenty-first day of December, in the year of our Liir<l one ilio
sand seven hundred and ninely-lwo, and in tlie scvcniccnth year of the Indiiiondence
of the United .States of America.
DAVID RAMSAY, Praiident of the Senate.
.FACOB READ, Speaker of the House of Rejnesentatiics.
No. 1556. AN ACT to establish a new County, to he formeu out of the
COUNTIKS ok ClAKEMONT AND ClARENDON ; AND FOR OTHER PURPOSES
TIIF-REIN MENTIONED.
WHEREAS, the inhabitants of certain parts of Clarcmont and Claren-
rrcamblc '^"'^ counties are desirous of having a new county formed out of the said
two counties of Claremont and Clarendon ; and whereas, the same will be
conducive to the convenience of the said counties :
I. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and silting in (ifneral Assembly, and by the authority of
S'''7?.'=°"{"y the same. That from and immediately after the passing of this Act a now
county shall be formed out of the aforesaid counties of Claremont and
Clarendon, and shall bo known and distinguished by the name of Salem
county, and shall have the following lines and boumlaries, to wit, the line
to form the saiil county shall begin at the district line of fJeorgetown, on
Black river, and shall from thence run on the said line to I^ynrh's creek,
from thence up the said creek to the line oi Kershaw county, then on said
OF SOUTH CAROLINA. 217
line to Scape-whoie swamp, thence down Scape-whore swamp to Black A.D.iryj.
river, and down Black river to the beginning, on Georgetown district line, ^-^'"v'"^^
Which said county shall be entitled to county courts, to be holden as fol-
lows— the judiciary courts on the first day of April and September, and
the intermediate courts on the third Mondays of June and November, in
every year ; which courts shall hold, exercise and enjoy the several pow-
ers, jurisdictions and authorities as are by law vested in the county courts of
this State ; and that the said county shall be, and is hereby, considered as
a part of Camden district.
II. And be it enacted by the authority aforesaid, That Jaraes Dickey,
Thomas Willson, John Singleton, Thomas Chandler, a"^ John McKel- Comj^is^^ionp^^^^
veen, shall be, and are hereby appointed, commissioners, with full powers "^^^
to fix on a convenient place for the erection of a court house and gaol ior
the said county.
III. And be it enacted by the authority aforesaid, That the inhabitants
of that part of the said county (formerly included in Claremont county) Eleciiona, how
herein and hereby established, shall be entitled to vote at all elections for f;; |'=J™<'^^^™
members of the Legislature, lo represent them in the Legislature ot this ^y.
State, at the court house of said county ; and their votes shall be counted
with the votes of the inhabitants of Claremont county, as heretofore ;
and the inhabitants of that part of said county heretofore included in
Clarendon county, shall be entitled to vote for members to repre-
sent them in the Legislature, at the house of Mrs. Benbow. And
the managers of such elections shall meet two days after the close of
such elections, at the court house, the managers of the election held within
and for the county of Clarendon, to count the votes, and declare the per-
sons duly elected. And the inhabitants of the said county shall vote for a
senator, in common with the counties of Claremont and Clarendon, and
the votes shall be counted together with the votes of the inhabitants of
Claremont and Clarendon counties. And the inhabitants of said county of
Salem shall and may vote for a member of Congress, at the places of elec-
tion hereinbefore mentioned, and their votes shall be returned and counted
with the votes of the other inhabitants of Camden district, in the manner
prescribed by law for the election of members of Congress.
In the Senate House, the twenty-first day of December, in the year of our Lord one thousand
seven hundred and ninety-two, and in the seventeenth year of the Independence of
the United Stales of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representative*,
AN ACT TO FERVENT OBSTRUCTIONS TO TUE P.teSAGE OF FiSH IN BlO No. 1557.
LvNcn's Creek.
WHEREAS, sundry persons, inhabitants of the several counties of
Chesterfield, Darlinsfton, Kershaw, and Lancaster, as bv their petition to i, . , ,
iT-i -i-ii 1 ■ ■ ■ 1 rreamblo.
the Legislature is set tortn, nave experienced many inconveniencies by
obstructions to the passage of fish up Big Lynch's Creek ; in remedy
whereof,
I. Be it enacted, by the honorable the Senate and House of Representa-
VOL. v.— 28.
318
STATUTES AT LARGE
A. U. 1792. tives, now met and sitting in General Assembly, and by the authority of
'•'^^^^^^^ the same, That any person or persons who now have or hereafter may
Paasaec for lish erect any fish dam or fish dams, mill dam or mill dams, hedge or hedg-
tobe mad" ■- . . - . . _
Lynch'd
tobemadem gg j^j. ^,^1,^, obstruction or obstructions whatsoever, across Bier Lvnch's
ek. ,-^ , , ,, - . «... .. . . ® y
Penalty on
neglect.
Thi.1 a public
Creek, shall, after the pa.ssing of this Act, from time to time, and at all
times between the fifteenth day of February and the first day of April, in
every year, provide and keep a passage, at least eight feet wide, sufficient
to let fish freely pass up through such fish dams, mill dams, hedges, and
other obstructions across the said creek.
II. And be it further enacted by the authority aforesaid. That any
person or persons who shall neglect or refuse to provide and keep such
passage as aforesaid, in his, her or their dams, hedges or obstructions, aa
aforesaid, shall, for every day he, she or they so refu.se or neglect, respec-
tively forfeit and pay the sum of six pounds, lawful money of this State,
to be recovered in any court of record having jurisdiction, by any pereon
who shall inform and sue for the same ; one moiety to the State, for the
use of the county where such suit shall be prosecuted, and the other to the
person informing and suing for the same. Provided nevertheless, that no
person or persons shall be liable to the forfeiture aforesaid, who shall,
during all the time aforesaid, keep open a canal, of the width of eight feet,
communicating immediately with the said creek, above and below his, her
or their respective mill dam, and of sufficient depth for the free passage of
fish.
III. And he it further enacted h-^ \\\e. ■A\x\\\(m\.'j aforesaid, That this Act
shall be deemed and taken to be a public Act, and judicially taken notice
of as such, without special pleading, and liberally construed for carrying
the purposes aforesaid into eflbct.
In thn Scnnle Houne, the tivimtv-first day of December, in the year of oiir Lord one thou-
sand seven hundred and ninety-two, and in the seventeenth year of the Independence
of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the Howe of Rejyrescntativcs.
No. 1.5.58. A.N ACT TO ascertain and pix the lines of division between the
Counties op Kekshaw and LANCASTr.n, anDjAI.so those hetween
THE said County ok Keusiiaw and the Coitnty of Ci.aiiemont,
and between the said Counties of Kershaw and Richland.
WHEREAS, by an Act entitled "An Act to establish a County and
County Courts in the district of Kershaw," passed the nineteenth of
February, one thousand seven hundred and uinety-one, .Tohn Sini|)-
Proamble. ^^^^^ Douglas Stark.!, Isham Moore, Philip Pearson, Thomas Balh.rd,
Benjamin Waring and .Samuel Hoykin, were a])poiTited commissioners to
survey the linos between the aforesaid counties, and to i-ejjort to the Legis-
lature thereon ; and whereas, the said commissioners liavo reported in con-
formity to the directions of the above mentioned Act :
I. Rr it theriforr enartid, by ihe honornbh- the Senate and House of
Tine hciween Repiosentativos, now met and sitting in tieneral Assembly, and by the
Lancuiar. authority of the same. That from and after the passing of this Act, the line
OF SOUTH CAROLINA. ai9
to divide the counties of Kershaw and Lancaster shall commence at and A. D. 1792.
run from Stark's ferry, on the east side of the Wateree river, in a direct line ^-^'^v-^../
to the ford of Hanging Rock Creek, on the main road leading from Cam-
den to Waxaw's, from thence down the main Charleston road to George
Miller's, thence in a direct line to Harrison's Ford, on Great Lynch's
Creek ; and that the same shall be, and are hereby declared to be, the
dividing lines between the said counties of Kershaw and Lancaster.
n. A?id be if further enacted by the authority aforesaid. That the line to
divide the counties of Kershaw and Clarcmont shall commence at and run '*'™"''" •'"""
from Spivey's ferry aforesaid, in a direct line running to the fork of the road ciaremont.
at Garret's old field, from thence to the mouth of a small gut which runs out
of the Wateree river to Swift Creek, above General Sumpter's plantation,
from thence up the middle of said gut to the Wateree river; and that the same
shall be, and are hereby declared to be, the dividing lines between the
aforesaid counties of Kershaw and Ciaremont.
HL A?id be it further enacted by the authority aforesaid. That the line
to divide the counties of Kershaw and Richland shall commence at and r^',"!'"^ "
run from the Wateree river, immediately opposite to the point or mark
terminating the line of ilivision between the two aforesaid counties of
Kershaw and Ciaremont, to Spear's creek, below the mouth of Ragling's
creek, in Richland county, from thence up Ragling's creek aforesaid to
John Dougherty's on Twenty-five Mile Creek, from thence in a direct line
to the mouth of Colonel's creek on the Wateree river, and from thence
across the Wateree river to Stark's ferrry aforesaid : and that the same
shall be, and are hereby declared to be, the dividing lines between the said
counties of Kershaw and Richland.
In the Senate House, the twenty-first Jay of December, in the year of our Lord one thou-
sand seven hundred and ninety-two, and in the seventeenth year of the Independence of
the United States of America.
DAVID RAMSAY, President cf the Senate.
JACOB READ, Sjicaker vf the House of Reprosentutires.
AN ACT TO OBTAIN A MORI'; ACCUKATE SuKVEY AND MaP OF TIIK >^o. \^'>\i.
State.
T. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same. That Joseph Purcell be, and he is hereby appointed, Geographer pointed State'
to the State, and he is hereby vested with full power and authority to survey Geograidier.
all the rivers, creeks, high roads. State lines, district lines, county lines and
parish lines of the State ; and when the said Joseph Purcell shall have
completed his said survey, he, his heirs and assigns, shall have the sole right
of publishing and vendincr the map thereof for the term of twenty years, to „ • i. r
commence from the day ot first publishmg the same; provided, the said map map vested iti
is not drawn on a smaller scale than ten miles to an inch. And if any person '"'"■
or persons shall pirate, sell, publish, or expose to sale, within the said term,
virithout the consent of the "said Joseph Purcell, his heire or assigns, the
Map so to be drawn and published by the said Joseph Purcell, such of-
fender or offenders shajl forfeit to the said Joseph Purcell, his heirs and
220 STATUTES AT LARGE
A.D. 1799. assigns, such map or maps, and also the sum of two pounds for every other
"'"^'"^'"^'^ map of tlie same kind found in his, her or their custody ; to be recovered
in any court of common pleas in the State, by action of debt, in which no
waeer of law, essoiffn, privilege or protection, or more than one impar-
lance, shall be allowed. Provided, that nothing contained in tliis Act
shall extend, or be construed to extend, to prevent any other person from
surveying this State, or any part thereof, and publishing a map of his sur-
vey, for the emolument of himself or his assigns.
In the Senate Hoiiac, the twenlv-firet day of December, in the year of our Lord one thou-
sand seven hundred and ninety-two, and in the seventeenth year of the lodependenco
of the United States of America.
DAVID RAMSAY. President of the Senate.
JACOB READ, Speaker of the House of Representatives.
No. 1560. AN ACT to ai.tf.u thk Line of Division between the Counties of
Laurens and Greenville.
WHEREAS, a number of persons, inhabitants of the upper end of
,, , , Laurens countv, bv their humble petition to the General Assembly, have
1 reamble. , • • . • i • i i_ \ c i . • ,-
represented many inconveiiieneies which they are under trnm the hne of
division as now established between the afoiesaid two counties ;
L Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
Division lines authority of the same. That as soon after the passing of this Act as may
' ^"' ■ be convenient, the division line between the said two counties of Laurens
and Greenville shall be run from the Ford on Enoree river, opposite
Zadack's Ford, in a direct course to the widow Killit's, on Raburn's creek,
and from thence along the old Indian boundary line to Saludy river; and
that the line so run shall hereafter be deemed the division line between the
aforesaid two counties.
In the Senate House, the tvvcnty-llrst day of Dcceniher, in the year of our Lord one thou-
sand seven hundred and ninety-two, and in the sevcnternth year of the Independence
of the United Stales of America.
DAVID RAMSAY, Presulent of the Senate.
JACOB READ, Speaker of the House of Representatives.
No. 1;3»51. AN ACT to incorporate the tJeneral Committee for the Charleston
Baptist? As.sociation Fund.
(P»i«8P(i December 21, 1703. See lant rolt/me.)
OF SOUTH CAROLINA.
an act to ascertain and fix the line of division between the no. 1562.
Parishes of St. Peter's and St. Luke's ; and for other purpo-
ses THEREIN mentioned.
"WHEREAS, the commissioners appointed under and by virtue of a
Resolve of the Legislature of this State, to run and ascertain the line of
division between the parishes of St. Peter's and St. Luke's, having by their Preamble,
report recommended that the main waters of the Great Swamp, as far as
the fork at the plantation of the widow Brantley, from thence up the east-
ernmost branch of the said Great Swamp to the plantation of John Aude-
bert, where the said branch joins Cypress Creek, and from thence down
the said Cypress Creek to the main swamp of Coosawhatchie, as a proper
dividing line between the said parishes :
I. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sittmg in General Assembly, and by the authority of
the same. That from and after the passing of this Act, the said main ;„'" esmblishe'd.
waters of the said Great Swamp, as far up as the fork at the plantation of the
widow Brantley, from thence up the easternmost branch of the said Great
Swamp to the plantation of John Audebert, where the said branch joins
Cypress Creek, and from thence down the said Cypress Creek to the cen-
tre of the main swamp at Coosawhatchie, shall be, and the same is hereby
declared to be, the dividing line between the said parishes of St. Peter's
and St. Luke's; any law, usage or custom to the contrary notwithstan d-
n. And whereas, a division of the board of commissioners of the high
roads will be more for the convenience of the inhabitants of the said parish Commissioners
of St. Peter's : Be it further enacted by the authority aforesaid. That the of roads,
commissioners appointed for the road leading from the Great Swamp
bridge to the Sister's ferry, and the upper part of the parish, shall be known
and distinguished by the name of the Black Swamp Board of Commission-
ers ; and those who shall be appointed for the road leading from the Sister's
ferry road to Purysburgh, and the lower part of the parish, by the name of
the Purysburgh Board of Commissioners.
in. And be it further enacted by the authority aforesaid, That Jo-
seph Lawton shall be, and he is hereby appointed, a commissioner for the
high roads in St. Peter's parish, to join the Black Swamp Board, and Peter
Porcher, senior, a commissioner of the said road to join the Purysburgh
Board.
In the Senate House, tlie twenty-6rst day of December, in tlie year of our Lord one
thousand seven hundred and ninety-two, and in the seventeenth year of the Indepen-
dence of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
STATUTES AT LARGE
No. 15G3. AN ACT TO KF.IMnUBSE SUNDRY INHAIUTANTS OF BeAIKOUT DlSTHICT
THE SUM TUEKEIN MENTIOXED ; AND TO MAKE AN APCROI'RIATION
THEUEOF, IN CONFORMITY WITH THEIR PETITION.
WHEREAS, sundry iiihabitaiiLs in Beaufort District have, by subscrip-
tion, contributed tlie sum of four hundred and ninety pounds sterling to-
Preaiuble. Wards tlie erection of a gaol, within one mile of Coosawhatchio bridge ;
and whereas, they have, by their petition preferred to the Legislature,
prayed that the said sum of four hundred and ninety pounds should be
reimbursed by the State and granted to the president and members of the
Society for promoting and encouraging the education of children, and
assisting and establishing schools in that district ;
L Be it therefore enacted, by the honorable tlie Senate and House of
Representatives, now met and sitting in (ieneral Assembly, and by the
. . authority of the same. That the said sum of four hundred and ninety
Ej) pnu 10 . pyyjjjj. ^\y^\\ !,(._ g^Dij [i,g same is hereby, vested in the said President and
members of the said society, for the purposes in their petition mentionod,
on the following terms and conditions, that is to say, the said president
and members of the said Society, or any jierson by them appointed, shall
be entitled to receive from the ticasurer of the Suite aforesaid, annually,
and every year during the term of five years, for the use, benefit and be-
hoof of the said Society, the interest of the said sum of four hundred and
ninety pounds ; and, Eit the expiration of the said term, shall be, and they
are hereby, entitled to receive the aforesaid principal sum of four hundred
and ninety pounds.
in tlie Senate Houi^c, the twcnty-lir^l doy of December, iti llie year ofour Lord one thou-
sand seven hundred and ninety-two, and in llie seventeenth year of the Independence
of tlie United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the Houw of Reprcscntatiret.
No. 1564. AN ACT to alter and amend an Act entitled " An Act for incorporating
divers Religious Societies therein mentioned," so far as the same relates
to the Presbyterian Churcii on Edisio Lsland.
(Passed December 21, 1792. See last ro/unir.)
No. 15G5. AN ACT to extend the time foi rebuilding the Bridge over Ashley
River, which wa.s vested in the late Colonel Richard Hampton, his heirs
and assigns, by Act of the Legislature.
(Passed December 21, 1702. Sec last volume.)
OF SOUTH CAROLINA.
AN ACT TO EMPOWER THE PRESIDENT AND WARDENS OF THE InDIGO No. 1566.
Society in Georgetown to establish a Lottery.
WHEREAS, the President and Wardens of the Indigo Society
in Georgetown have, by their petition, represented, that they have a fair
prospect of establisliing a seminary of learning, and that it would much
promote their scheme for that purpose if they could obtain the power to
establish a Lottery ;
1. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That Paul Trapier, President, and Hugh Horry, Lottery grant-
and Daniel Tucker, senior and junior, Wardens, of the Indigo Society, '^
and their successors, as a botiy corporate in law, under the name of the
Indigo Society, shall have full power and authority, and they are hereby
fully authorized and empowered, to erect and proceed to the drawing, and
finally to cjncludo, a Lottery, for the use and benefit of the said Society.
Provided, they do not, by the said lottery, raise a fund exceeding four
hundred pounds.
In the Senate House, the twenty-first day of December, in the year of our Lord ona
thousand seven hundred and ninety -two, and in the seventeenth year of tlie Indepen-
dence of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ACT to extend the time allowed by law to Wade Hampton and No. 1567.
John Compty, respectively, for building Bridges over the Congaree and
Broad Rivers.
(Passed December 21, 1792. See last volume.)
AN ACT TO AUTHORIZE THE TRUSTEES OF CAMBRIDGE CoLLEGE, IN No. 1568.
THE District op Ninety-Six, to establish a Lottery, for the
BENEFIT of THAT INSTITUTION.
WHEREAS, it hath been represented that the funds of the College of
Cambridge, in the District of Ninety-Six, are considerably deranged, and preamble
would leceive considerable benefit from an authority to establish and draw
a lottery, for the purpose of raising a sum for the benefit of the said
institution :
1. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the ^""""'-^ ?"■"""'''
authority of the same, That the Trustees of Cambridge College, or any CoUege''."''^''
five of them, to be appointed by a Board of Trustees for that puii^ose, shall
have full power and authority, and they are hereby folly authorized and
824 STATUTES AT LARGE
A.D. 17M. empowered, to erect and proceed to the drawing, and to conclude, a
^■^"'^'^^^ Lottery, for the use and benefit of the said institution. Provided, they do
not, by the said Lottery, raise a sum exceeding five hundred pounds
steding.
In the Senate House, the twenty.first day of December, in the year of our Lord one thou-
sand seven hundred and ninety-two, and in the serenteenth year of American
Independence.
DAVID RAMSAY, President of the Sniate.
JACOB READ, Speaker of the House of Rejiresentativct.
No. 1569. AN ACT to allow .John Clement to take and receive the same rates
of Ferriage as have been heretofore taken, for the term of seven years
after the expiration of the present term ; and for other purposes therein
mentioned.
(Passed December 21, 1792. See last volume.)
No. 1570. AN ACT for laying out certain Roads, e.stablishing certain Ferries and
Toll Bridges, and for other purposes therein mentioned ; and also
to continue in force the I^aws for regulating the Militia of this State.
(Passed December 21, 1792. See last volume.)
No. 1571. AN ACT for relievi.vg and f.xemptino .Tou.v Wells from
B.\NISIIMENT.
WHEREAS, John Wells, by his humble petition to the Legislature of
this State, hath prayed to be relieved and exempted from the pains and
penalties of the Act of Confiscation and Banishment ;
\. Be it therefore enacted, by tlie honi liable the Senate and House of
Re])resentatives, now met and sitting in (ioneral Assembly, and by the
cxemnredfrom authority of the same. That tlie said .lohn Wells shall l)e, and is hereby,
banisLineni. relieved and exempted from banishment, and is and shall be permitted to
return to and remain in this State ; any law to the contrary thereof in any
wise notwithstanding.
In the Senate House, this twenty-first day of Ucccmbcr, in the year of our Lord ono
thousand seven hundrcil and ninety-two, and in the seventeenth year of the Indepen-
dence of the United Slates of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Rrpresentatives.
OF SOUTH CAROLINA.
AN ACT TO EXEMPT William Carsan prom the Pains and Penal- No. 1572.
TIES OP THE Act op Confiscation and Banishment, so fab as it
RELATES TO HIS BANISHMENT.
WHEREAS, William Carsan hath petitioned the Legislature that he preamble.
may be freed and exempted from the pains and penalties of the Act of
confiscation and banishment ;
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the ^,f ;'"",„j;," j
authority of the same. That the said William Carsan shall be, and is here-;r(,„j banisli-
by, relieved and exempted from banishment ; and is, and shall be, permit- ment.
ted to return to and remain in this State : any law to the contrary thereof
in any wise notwithstanding.
In the Senate House, the twenty-first day of December, in tlie year ofonr Lord one thou-
sand seven hundred and ninety-two, and in the seventeenth year of the Independence
of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ACT FOR RAISING SUPPLIES FOR THE YEAR OP OUR LoRD ONE No. 1573.
THOUSAND SEVEN HUNDRED AND NINETY-THREE.
WHEREAS, we, the representatives of the free and independent State
of South Carolina, in General Assembly met, have thought it expedient Preamble,
and necessary that a tax, for the sums and in manner herein mentioned,
should be assessed, raised, and paid into the public treasury of this State,
for the use and service thereof :
I. Be it therefore enacted, by the honorable the Senate and
House of Representatives, now met and sitting in General Assembly,
and by the authority of the same, That the sum of ten shillings perj^ate oftaxa-
centura ad valorem on every hundred pounds, to be paid in specie ortiononknds.
paper medium, shall be, and is hereby, imposed on all lands granted within
this State, and in the manner and under the several regulations heieinafter
set forth and expressed, that is to say : No. 1. All tide swamp not
generally affected by the salts or freshes, of the first quality, shall be
rated at six pounds per acre ; of the second quality, four pounds per acre ;
of the third quality, two pounds per acre ; all pine barren lands adjoining
such swamps, or contiguous thereto with respect to the benefit of water
carriage,, at ten shillings per acre ; all prime inland swamp, cultivated and
uncultivated, at an average of three pounds per acre ; second quality,
ditto, two pounds per acre ; third quality, ditto, one pound per acre ; pine
barren lands, adjoining or contiguous thereto, at five shillings per acre ;
salt marsh or inland swamp, clearly proved to the assessors to be incapable
of immediate cultivation, five shillings per acre. 2. High river swamp or low
grounds, cultivated and uncultivated, including such as are commonly called
VOL. v.— 29.
- 22<J STATUTES AT LARGE
A^^j^^l^ secoi.J luw grounds, lying above the flowing of the liiles. and as hi-r), up
the country as Snow Hill, on Savannah river, the fork of Hroad and Saluila
rivers, on the Congaree, Graves's Ford on the Watercc, and the boundary
line on Pedec ; the first quality at three pounds per acre ; the second
quality at two pounds per acre ; the tliird quality one pound per acre ;
except such as lie so low as to be clearly proved to the assessors I^ bo in-
capable of immediate cultivation, which" shall be assessed at five shillings
per acre. 3. All high river swamp, or low grounds, lying above Snow Hill,
t.ie fork of Broad and Saluda rivers, Graves's Ford, and the old Indian
boundary line, fifteen shillini.s jier acre. 4. All high lands without the limits
of St. Pinlii.'.s and St. .Michael's parishes, on John's i.sland, James island,
and on the main, within twenty miles of Charleston, at one pound jjcr acre.
fi. All lands on the Sea islands, Slann's island included, or lyins; on or con-
tiguous to the seashore, usually cultivated, or capable of cultivation, in
corn or indigo, and not within the limits prescribed in class number four,
one pound per acre. 6. All oak and hickory high lands lying below
Snow Hill, the fork of Broad and Saluda rivers, Graves's Ford, or the
boundary line on Pedee, and not included in the limits or description of
the two preceding classes, numbers four and five, at fifteen shillings per
acre. 7. All pine barren lands not included in classes number one' four,
and five, to be assessed at one shilling jier acre. 8. All oak and hickory
high lauds Ij'ing above Snow Hill, the fork of Broad and Saluda rivci-s,
and Graves's Ford, the first quality, eight shillings per acre ; the second'
quality, five shillings ])er acre ; the third (luality, two shillings per acre. 9.
All oak and hickory higii lands above the old Indian boundary line, the first
quality, six shillings per acre ; the .second quality, three shilfings ])cr acre ;
the third quality, one shilling per acre. That afl lands within the parishe.i
of St. Philip and St. Michael shall be assessed in the same manner an<l
upon the same princii)lcs as houses and lots in Charleston, and in a rela-
tive proportion to lands in the countn,-. That the sum of three shillings
and si.x pence per head shall be levied on all slaves ; the sum of nine shil-
Kaic of taxing ''"§* ""'' *""■■ pet'ce, per head on all free negroes, mulattoes, and niusti-
Fliivcs, &,c. zoes, between the ages of sixteen and fifty years; four .shillings and eight
pence on every wheel of all carriages, (carts,'wagons, and drays excejited) ;
and ten shillings per centum ad valorem on all lands and lots and building^
within any city, village, orborou-ih, and on every hundred pounds stock in
trade, factorage, employments, faculties and proYessions, (clergymen, me-
chanics, schoolnia.sters and schoolmislrcsses excepted) — to be ascertained
and rated by the assessors and collectors throughout the Stale, according
to the best of their knowledge and infonnation ; to be paid in specie or
paper medium of this State.
II. Anr! br it furlhrr enacted by the authority aforesaid. That all negi-oes
•Slave* employ. ""'' Other slaves who arc employe<l on any lands leased by any person or
H on Indittu' persons of the Catawba Indians, shall be, and they arc made, liable to the
iniids. payment of this tax ;
III. And whereas, doubts have arisen and are still subsisting respecting
Rclirjiona .Soci- ''^'^ conslructi(m of former tax Acts, inasmuch as the tax collectors have as-
':ii>"i<cxcnipic<J.-'"^s'"'l'lie properly of divers religious societies, and also of the incorporated
South Carolina Society ; And whereas, it was not the intention oi" the Le-
gislature to subject the said ])roperty to taxation ; Ke it then fore enacteil,
that nothing in this Act, or any former Art contained, shallbe con.slrucd
to impose a tax on any property of any religious society, or of the South
Carolina Society.
I V. Aiu] whereas, it is the duty of ovei7 person claiming of or receiv-
ing from this government the |)rotcclion either of his person or jiropeiiy, lo
OF SOUTH CAROLINA. 227
contribute not only his quota of money, but also those personal services A.l).iry3.
which every citizen is bound to contribute for the support of tliat govern- ^-^'"V"'^^
nient, or to pay an additional tax in lieu of such services ; And whereas,
tliere are numbers of pei-sbns holding large estates in this country, who
reside without the limits of the United States, and annually draw from this
State great resources, which are expended in foreign countries without any
advantage to this government, to which they a re indebted for the protection
of their property , Be it therefore enacted by the authority aforesaid, that
every male person holding, or being entitled to, any taxable property in this
State, who resides without the limits of the United States, shall, for the
use of this State, pay a double tax on their estate and property ; which Absentees dou-
tax and assessment the tax collectors throughout this State are hereby re-'^'^ taxed,
quired to exact and recover from every such person : Provided, never-
theless, that nothing herein contained shall be construed to extend to the
property of any person sent, or hereafter to be sent, abroad in the emplov-
meiit of this State, or of the United States, until one year after the expira-
tion or determination of his commission, or to the projierty of any young
man sent abroad for his education, until he attain the age of twenty-three
yeais, or to the property of any person now absent from the United States,
unless such person has been so absent for two years. And provided also,
that such double tax be remitted to such of them as shall return to this
State within the year one thousand seven hundred and ninety-four, and
become residents here.
V. And be it further enacted by the authority aforesaid. That the en-
quirers, assessors and collectors, appointed by law, shall, for their services Compenatiun
in the discharge of their duties, receive, on closing their accounts with the"' '^»'l"'''ef^,
commissioners of the treasury, five per centum, except the parishes Qf"*^"'^^'''"'^'
St. Philip and St. Michael, who are to receive 2i per centum, on the
amount of the taxes by them collected, to be allowed and paid to the seve-
ral collectors.
VI. And be it further enacted by the authority aforesaid. That the en-
quirei-s, assessors and collectors shall begin their enquiry on the first day Returns of
of February next ; and that where all the collectors who were appointed ^"'"^^ taxes
for any parish or county are dead, and the ta.x returns not closed with
the commissioners of the treasury, the collector who shall be thereafter
appointed is hereby directed and ordered to demand receipts or to admin-
ister an oath, or to procure other satisfactory proof, from the persons of
the county or parish, that he or they had paid their taxes for the preceding
years, in order to discovei' their taxes still due, and to enable the public to
ascertain what suras of money ai-e due by the estates of the deceased col-
lectors ; and should the executors or administrators of the deceased collec-
tors refuse to produce the accounts of the deceased, or give information on
the subject, the commissioners of the treasury are hereby ordered to put
the law in force against the estates of the deceased collectors. .
VII. And be it further enacted hy the authoiity aforesaid. That the
asses.sors and collectors appointed by law shall do and perform all and Duty of the
singular the duties appertaining to their office, as described in an Act ''''^'^■''^"'■'' '""'
entitled " An Act for declaring the powers and duties of the enquirers,
assessors and collectors of the taxes, and other persons concerned there-
in."
VIII. And be it further enacted by the authority aforesaid, That the com-
missioners of the treasury be, and they are hereby, directed to furnish TreoRurers to
copies of this Act to each of the assessors and collectors appointed by law, '^'i.'^'.*''?'''"^*
throughout this State, within one month after the passing of this Act,
and the reasonable expenses incurred thereby shall be reimbursed.
22S STATUTES AT LARGE
A.D. I7!i3. jx. And be it further e»«ctefZ by the authority aforesaitl, That all pcr-
^■^''^^^^^ sons any wise liable to pay the taxes hereby imposed, shall, on the sixth
day of February, give in a true and just return of the quality and quantity
„. . of the lands, slaves and carriancs, as are directed to be taxed bv law, either
Time of pnv- -ii ,• . . ° . , . , ~ , •'
mont of tuxes. '" '"^' ''cr or their own nght, or in the nght oi any other person or pei-sons
whatsoever, as guardian, executor, administrator, attorney, agent or trus-
tee, or in any other manner whatever ; and shall, on or before the first
day of April, in the year of our Lord one thousand seven hundred and
ninety-four, pay in their taxes to the assessors and collectors by law ap-
pointed for the parish, county or district where the patty making such
return, either by himself or family, resides the greatest part of the year.
And tliat the said assessors and collectors shall pay the same, and settle
their accounts with the treasury, on or before the first day of June, which
will be in the year of our Lord one thousand seven hundred and ninety-
four ; any law, usage or custom to the contrary thereof in any wise not-
withstanding.
X. And he it further enacted by the authority aforesaid, That all the interest
of the paper medium issued by virtue of an Act passed the twelfth day of
October, in the year of our Lord one thousand seven hundred and eighty-
five, now due, or to grow due on or before the first Wednesday in ^larch
Approjiriaiioii. next, is hereby appropriated to make up any deficiencies of the money
prr)posed to be raised by this Act, so far as conjointly to constitute an
adequate fun<l for discharging all arrearages due in specie, together with
the grants am! expenses of the current year.
XI. And be it fiirllicr enacted by the authority aforesaid. That the
principal sum of tlic said ])aper medium shall be required and paid in an-
nually, in manner followin'^, to wit : one-fifth part thereof, with the whole
interest due, shall be paid on the first ^^'ednesday in March, one thousand
The paper me- seven hundred and riinety-five ; one other fifth, with all the interest due, on
dium, when to the first Wednesday in March, one thousand seven hundred and ninety-
six ; one other fifth, with all the interest due, on the first Wedne.<day in
March, one thousand seven hundred and nmety-seven ; one other fifth, witli
all the interest due, on the first Wednesday in March, one thousand seven
hundred and ninety-eight ; and the remainder, with all the interest due, on
the first Wednesday in March, one thousand seven hundred and ninety-
nine : Proviiled always, nevertheless, that no person shall be entitled to
the benefit of this clause of this Act, who shall not give an additional se-
curity, if required by the Treasurer of Charleston : and it is hereby de-
clared to be the duty of the Treasurer of Charleston to require it in all
cases, where he is not fully satisfied of the suffirieiK y of the former secu-
rity, and in all cases where default has been made in jiayiiig what has been
heretofore due, or which shall be made in ))aying the interest to grow due
in March, one thousand seven hundred an(l ninety-four.
Xn. And he it further ctuictrd by the authority aforesaid, That the
Treasurer in Charleston shall be authorized to expose to public sale, to
I.hikIs Rolil for ''"^ '"gliest bidder, on the second Wednesday in .Tune next, all such lands
default. a.s he or the late connui»ioners of the loan office may have bought in on
account of the Stale, at any sale made in conseiiueinx' of any default mado
by any borrower of the ])apei meilium, payalile on the first Wedne.sday in
Alarch, one thoiisaiul sevi'ii hundred and ninelv-five ; on the first Wednes-
day in March, one thousand seven hundred and ninety-six ; on the first
Wednesday in .March, one thousand seven hundred and ninety-seven ; on
the first Wednesday in March, one thousand seven liundic-d an<l ninety-
eight ; and on the first Wednesday in March, one thousand seven bundnul
and ninety-nine ; taking firun the puVchasers lliereof u mortgage of iho
OF SOUTH CAROLINA. 229
premises sold, and a bond with approved personal security, bearing inter- A.D. 1793.
est from the date. Provided, that if tlie persons who are the borrowers of ^-^'~^'~^-^
the paper medium shall pay, on or before the Wednesday four weeks after
the first Wednesday in March next, all the arrears of interest and principal
by them then due, and give such additional security as shall be required
by the commissioner of the said treasuij, then the said lands sold as afore-
said shall be restored, but subject to the original mortgage in trust for the
public ; and the former proprietors, or their legal representatives, shall be
entitled to the same benefits they would have been entitled to if no default
had been made.
XIII. And be it furilicr enacted by the authority aforesaid, That so
much of an Act passed the twenty-first day of December, one thousand Calling in and
seven hundred and ninetv-two, entitled "An Act to repeal a part of the Act ^'"'^'"8 '''e V'>--
T 1 • , A -r-i 1 1 1 111 1 • iier medium,
passed tlie nuieteenth of I'ebruary, one thousand seven hundred andnme-'
ty-one, entitled an Act for gradually calling in and sinking the paper medi-
um, issued by virtue of an Act entitled an Act to establish a medium of cir-
culation by way of loan, and to secure its credit and utility, passed the
twelfth day of October, one thousand seven hundred and eighty-five, and
for other purposes therein mentioned," as shall be repugnant to the prece-
ding clauses of this Act, be, and the same is hereby, repealed.
In the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand seven hundred and ninety-three, and in the eighteenth year of the Independence
of tlie United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
ESTIMATE
Of supplies wanted for the support of Government, for the ijcar 1793.
SALARIES, AS SETTLED BY LAW.
The Governor, - - - - - - - £900 00 00
Secretary to the Governor, - - - - - - 100 00 00
Chief Justice, - - - - - - - 800 00 00
Four Associate Judges, each £600, - . . - . 2400 00 00
Three Judges of the Court of Equity, each £500, - - - 1500 00 00
Attorney General, for giving advice to the Governor and other public officers,
in matters of public concern, in addition to his other duties, - - 200 00 00
ThreeCircuitSohcitors, each £100, - - - - - 300 00 00
Treasurer in Charleston, for salary as Treasurer, and for transacting the business
of the Loan Office, and Clerks, - - - . - 740 00 00
Treasurer in Columbia, for his salary and clerk, ... - 5000000
Clerk of the Senate, and Clerk of the House of Representatives, each £287 - 574 00 00
Two Messengers, one for each house, at £70 each, ... 1400000
Two doorkeepers, ditto, at fifty pounds each, ... - 100 00 00
Keeper of the State House and public offices in Columbia, - - 30 00 00
Arsenal keeper and Powder receiver, - - - - - 50 00 00
Incidental charges, ...... 3241 10 11
Contingent accounts passed, delivered the present session, - - 7683 09 10
Transient poor, - - - - - - - 1000 00 00
Printer's bill, for extras, ...... 300 00 00
Contingent fund, subject to the Governor's drafts, . - 1000 00 00
Fort Johnson, - - . - - - - 355 00 00
Expenses of members for the present session, ... - 1400 00 fH)
Debt due to Mr. Burn, ...... 4000 00 00
230 STATUTES AT LARGE
A. D. 1793. Commisaion on receiving taxes, ..... SOOO 00 OO
^-^'~w~'^^ Commisslonera for settling public accounu, for one year's salary due to lliem, 1000 00 00
Arrearages of Annuities, including the present year, ... 25000000
The Rev. .Mr. Logue, lor preaching before the members of the Legislature at
their November session, 1793, - - - . . 15 00 00
Eipenses of finishing the two large rooms in the State House at Columbia, - UP2 H 02
Salary of the .Magazine and Arsenal Storekeeper at Abbeville Court House, ot
the rale of twenty pounds per annum, - - - . 20 00 00
DAVID RAMSAY, President of the Senate.
JACOB READ, Sj/ea/ar of the Ilou^e of Rcjiranntativcs.
No. 157-t. AN ACT to incot-poratu the Episcopal Cliurch on Edisto Island, the
Primitive Metliodists of Trinity Church, Charieston, and the Primitive
.Methodists of Ebenezer Church, Georgetown.
(Passed December 21, 179:{. .SVv /„.,/ ni/i/m,:)
No. 1575. AN ACT to incorporate the United Independent Congregational Church
of Dorchester and Beach Hill, in the Parishes of St. George and St.
Paul.
(Passed December 21, 17!)3. See last volume.)
No. 157G. AN ACT to .\sci;kt.\i.\ a.nu kix on somk moke co.\vi;.\ii:nt a.\u cen-
tral srruATioN roR tue Court House and other Pl'iilic Buildings
for the Couxtv of CiREENVILLE.
WHEREAS, a number of the inliabitant.s of Greonvillc county have
Treamblc preferred their petition to the Legislature, piaymtr 'h^t the court house
and other iiecessai'y public buiidini^s for the said county might bo erected
in some more convenient and central situation than that in which they
now are :
I. Be it therefore enacted, by the hiinoiable tlie .'^enate and House of
Representatives, now met and sitting in Cieiieiul Assembly, ami bv the
,, , authority of the same. Thai from ainl immediately after ihe i>assint; of this
(-oiirt house, , , ■' . . 1 • !• 1 1 11 1 11 7 .
&c. to be erect- Af-i ^'"^ commi.ssioiieis licimnaller named snail be, and lliey arc lieieoy,
«! in u central authorized and fully empowered to assemble and consult on the most suit-
miuauon. ^^^^^ ^^j convenient ])lace for holding the said court for the coimly ufore-
said, having ix'S]iect to ihe central situation of the same with regard to all
the iiihidtitants of the said cniitity.
II. And lie it further e/iae/td liy the ;iiitliori!y iiforesaid. That the court
for the said county of Circenville shall be held at some place contiguous to
the spot lieretifler to be asceitaineil and (i.\ed by the commissitmers, iinlil
the court house and other public buildings aro erected ; and that all
OF SOUTH CAROLINA. 831
records and papers appertaining to the said court shall bo removed by the A. D. 1793.
judges of the said court, as soon as conveniently may be, after the passing ^-^""v-^^/
of this Act.
III. And he it further enacted by the authority aforesaid, That Henry
Mitchell Wood, Larkin Tarrant, John Thomas, iunior, and James Harri- Commissioners
_ ,'_, ,' .,'-' .. c . appomted.
son Barret, be, and they are hereby appomted, commissioners tor carrying
this Act into execution ; and that the place to be fixed on by the cominis-
sioners, or a majority of them, shall be the permanent place for holding
the court in the county aforesaid ; any law, usage or custom to the contrary
in any wise notwithstanding.
In the Senate House, this twentv-fiist day of December, iu the year of our Lord one thou-
sand seven hundred and ninety-three, and in tlie eighteenth year of the Independence
of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker (if the House of Rei^rescntatives.
AN ACT to alter and change the times for holding several County No. 1577.
Courts ; and for other purposes therein mentioned.
(Passed December 21, 1793. Sec last volume.)
AN ACT to incorporate the Vigilant Fire Company in Charleston. No. 1578.
(Passed December 21, 1793. See last volume.)
AN ACT FOR THE Trial and Punishment of persons guilty op No. 1579.
Murder or Manslaughter, and their accessaries, where the
deceased may be wounded, poisoned, or otherwise injured, in one
District, and die thereof in another.
WHEREAS, it is necessary to provide some mode for trying and pun-
ishing persons guilty of murder, manslaughter or homicide, in cases where Preamble.
the mortal wound or injury may be given or done in one district, and the
party wounded or injured may die thereof in another :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That where any person shall be felonioiislv struck, '^"'"^ '"f •"""■"
-, , • T , . . . ■> K . T • in-, ' der.mansUiuffh-
wounded, poisoned, or otherwise injured, in one district, and die thereof ter, &c. how to
in another, any inquisition or indictment thereon, found by jurors of the !"^ conducted
county or district where the death shall happen, whether it be fomj^"";"!""! cases,
before the coroner, upon the sight of such dead body, or before the justices
of peace, or other justices or commissioners lawfully authorized to enquire
of such offences, shall be as good and effectual in the law, as if the stroke,
wound, poisoning, or other injury, had been committed and done in the
232 STATUTES AT LARGE
A. 1). 1793. same county or district where the party shall die ; and the person or per-
^-^^^'"^^ sons guilty of such striking, woundiii>r, poisoning, or other injury, and
every accessary thereto, either before or after the fact, shall be tried l)y and
before the same couit, and (if convicted) punished in the same mode,
manner and form, as if the deceased had suffered such striking, wounding,
poisoning, or other injury, in the same county or district where he, she or
they thereof died.
In the Senate House, tiiis twenty-first day orDcccinbcr, iu tlicycarofour Lord one thousand
seven hundred and ninety-three, and in tlic ei^litcenth year of tlie Inde])endence of
the United States of America.
DAVID RAISISAY, President, of the Senate.
JACOB READ, Speaker of the House of lleprcsentativcs.
oinniissioncrs ^
No. 15S0. AN ACT for the Elei-tion of Commissioners of the Poor in those
Counties where County Courts are established.
WHEREAS, it is found necessary that commissioners of the poor bo
elected in those counties where county courts are established :
I. Be it therefore cnueted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That five commissioners of the poor, in each of the
; counties where county courts are established, shall be elected at the same
of tlie poor to times and i)laces, and in the same manner and form, and the elections
be elocted,&c. g},^)] i,p conducted by the same persons as arc named for that purpose in
the Act entitled " An Act authorizing the inhabitants of the Election Dis-
tricts, where county courts are not established, to choose commissioners of
the poor." And that the commissioners so to be elected shall have all the
authority, powers and privileges which are vested in, and be liable to all
the pains and penalties which are imposed ujion, the commissioners of the
poor by that Act ; to the end that the said Act shall be in full force and
complete operation in all the counties in this State where county courts
are established.
In the Senate Houso, this twenty-first day of December, in the year of our Lord one tliou-
sand seven hundred and ninety-three, and in tlic eighteenth year uf the Indcpcndcnco
of the United States of America.
DAVID RAMSAY, President of the Senate.
JACO]} READ, Speaker of the House of Represcntativtt.
No. 1581. AN ACT to enable the Circuit Court of Georgetown, at the ensuing
Term, to meet on the twenty-eighth day of March next, instead of the
first day of April ; for extt-ndiii'.; the lime for h(iliiin<; the Courts in
Ninety-.Six District; for the beller advancement of justice in tho
Courts of Law and Equity ; and for other purposes therein mentioned.
(Passed December 21, 1793. <SVe last volutne.)
OF bOUTH CAROLINA.
AN ACT to organize the Militia throughout the State of South Caro- No. 1582.
lina, in conformity with the Act of Congress.
(Passed May 10, 1794. See last volume.)
AN ACT TO EXTEND AN AcT ENTITLED "An Act. to provide for the No. 1583.
Jinal settlement of the accounts of the former Commissioners of the
Treasury, and other Public Departments, and of all other persons
having accounts icith the State."
I. Be it enacted, by the honorable the Senate aiicl House of Representa-
tives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same, That an Act entitled " An ^ foniK^j Act
Act to provide for the final settlement of the accounts of the former com-
missioners of the treasury, and other public departments, and of all other
persons having accounts with the State," be, and the same is hereby, ex-
tended until the first day of January next, unless the objects thereof shall
be sooner accomplished, and the Legislature be enabled to discharge the
commissioners from the trusts created by the same.
In the Senate House, the tentli day of May, in the year of our Lord one tliousand
seven hundred and ninety-four, and, in the eighteenth year of the tudependcnee of
the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ACT TO CLOSE THE Land Office for and during the term of No. 1584.
FOUR YEARS, UNDER CERTAIN LIMITATIONS ; AND FOR OTHER PURPOSES
THEREIN MENTIONED.
WHEREAS, a spirit of specidation and land-jobbing hath gone forth,
and many persons, greedy of gain, have embarked in such schemes, and Preamble,
have obtained, and still continue to obtain, lai'ge and excessive grants of
land, without any regard to their being granted, and even settled, and
without distinguishing in the plats the nuriierous surveys included within
the boundaries of their plats and grants, with a view to impose upon, de-
ceive ajid cheat unwary foreigners, by sales of such pretended vacant
lands ; and whereas, no plan can be devised so effectually to check and
defeat these iniquitous schemes as to shut up the land office, except for
grants not exceeding five hundred acres, for a reasonable time :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the Grants of land
authority of the same. That from and immediately after the passing of this restricted.
Act, that the land office be, and the same shall be, so far closed, for the
VOL. v.— 30.
S:U
^>TATUTES AT LARGE
Remedy for
false Burveye.
Remedy for
term of four years, that within that period no one pereon shall obtain more
than one erant for land to be hereafter surAeyed, which shall in no case
exceed five hundred acres ; and that no warrant of survey shall be issued
by any commissioners of locations within this State for any number of
acres exceedinj five hundred acies ; and not more than one such warrant
to any one person, during the aforementioned period of four years.
II. And be it further enacted by the authority aforesaid. That wlieie
any warrants have been issued previous to the passing of this Act, if any
deputy surveyor, in locMlins; tht^in, shall knowinnly and wilfully compre-
hend \nlhin the limits of any such location, any ])luntation or tract of land
before granted, without noting the same, and if the said warrants sliall
be hereafter carried into grants, or where there are any grants for land
now actually made out, signed, and ready to be delivered, or where any
plat.s are returned to the office of the Surveyor General or Secretary of
the State, and shall be hereafter carried into grants, which ])lats or grants
comprehend within their respective limits any plantation or tract of land
before granted, without the same being marked and noted, it shall be law-
ful for any of the proprietors of the plantations or tracts so before granted,
or any other person interested therein, to bring his action of trespass
against the grantee of the subsequent grant, which comprehends the prior
one, or any part thereof, his heirs or assigns, or any or all of them ; and on
his sulistantiating by proof, to any district couit and jury within whose
jurisdiction the land lies, that his land, or part tliereof, is actually com-
prehended in the subsrcpient grant, a verdict shall be found in his
favor, and the court shall declare the subsequent grant, and every part
thereof, to be fraudulent and void to all intents and purposes ; and the
plaintiff" shall recover such damages as the jury shall assess, and treble
costs of suit.
III. And whereas, since the passing an Act entitled " An Act for estab-
lishing the mode of granting the lands now vacant in this State, and for
allowing a commutation to bi- received for some lands that have been
crioin unlaw- granted," i)assed the 19th day of February, 1791, divers grants of large
gran . tracts of land have been obtained, which included one or more surveys
which have not been elapsed, the property of others, without taking notice
of or designating ths same in their plats, and without obtaining the consent
of the said proprietors, and without their knowlediie ; and whereas, the
lauds in this Slate are so generally gi anted that no person could su|)]hiso
that there were iri this State such large bodies of vacant laud, from which
it appears that the intention of the afoiementioned persons must have been
to oblige the inliabilaiits who are settled within the boundaries and limits
of the aforesaid plats to produce theit titles, or, if they hail lost them in the
war or by other acci<li'nts, to seize their lands as vacant, ami by producing
such grants to unwary foreigners, may deceive them by the appearances of
regularity and authority on the face thereof, and may involve them in
purchases ruinous to them and prejudicial to the credit and reputation at
the State : In order, thiTcfore, to prevent the alarms of the |)eople, and the
groat litigation anrl inimerous suits that may arise from the said unreason-
able, excessive and unlawful surveys and grants, and to prevent imposition
on foreigners and citizens of other States, Be it enacted and dtr/tiied by the
authority aforesaid, 'I'hat the said surveys were made in violation of the
instructions given to the di-puty surveyors in this State; that the said
grantsliave been obtaineil coiUraiy to the intention of the Legislature, in
establishing the mode of niiintiiii; the hitjds now vacant in this State ; that
the Governor must have been deceived when he signed the same ; and
that, on its being proved, in the manner before enacted, to the satisfaction
OF SOUTH CAROLINA. n5
of any district coiirt and jury, within whose jurisdiction the land lies, that A. D. 1794.
such grants actually contained within their limits one or more settlements, ^--"'v-'^^
the property of others under former surveys, without taking notice of or
designating the same in their plats, and obtainmg their consent (where such
consent could have been obtained) to run the same, the court shall declare
the said grants to be fraudulent, and the same shall be void to all intents
and purposes.
IV. And be it further enacted by the authority aforesaid, That every
surveyor who shall have wilfully and knowingly violated the instructions of D«P"'y »"'; ,
.10 t~y 1 ■ 1 ■ 11 1 - i- 11 1 1 vevors not fol-
tne .Surveyor (jeneral, in not marking out the lioundaries or all lands |,n\j„2 j„g,fuc.
formerly granted, and which are within the suiveys by him or them made, tioiis, 10 he
shall be prosecuted by the Attorney General and Circuit Solicitors of the P'"*'-''^"''^"'
respective districts, on proper application being made to either of them.
V. Whereas, John Sloan, and the Rev. John Monk, and William Hill,
junior, by their petitions to the Legislature, have set forth that they had,
at considerable expense, erected aBloomery on South Edisto, in Etlgeheld
county, for manufacturing of iron ore into bar iron ; and whereas, under
the existing laws of the State, and the regulations of this Act, it is impos-
sible for the said petitioners to run a sufficient quantity of vacant land to
enable them to conduct and prosecute the said Bloomery with advantage
or effect, and it being an object of great national importance to encourage
the manufacture of raw materials ; Be it therefore enacted by the authority f!rants of land
aforesaid. That the commissioner of location for the district of Ninety- '"■"■°""°''
Six be, and he is hereby, authorized and required to issue his warrants,
one in behalf of John Sloan, for six thousand acres of land, and another in
the joint behalf of said John Sloan, the Rev. John Monk and William
Hill, junior, for ten thousand acres of vacant land, the nearest to the said
iron works ; and that the said land, so to be located, be granted to the said
persons ; any thing in this Act contained, or any law to the contrary there-
of, in any wise notwithstanding.
In the Senate House, this tenth Jay of May, in tlie year of our Lord one thousand
seven hundred and ninety-four, and in the eighteenth year of the Independence of
the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ACT to incorporate the Port Republic Bridge Company, and to No. 1585.
authorize them to build a Bridge and Causeways.
(Passed May 10, 1794. See last volvme.)
AN ACT TO KXTBND THE TIME FOR TAKING OUT OF THE SeCRETARy's No. 15S6.
Office such Grants of Land as now lie in the said Office ;
AND for other PURPOSES THEREIN MENTIONED.
WHEREAS, by a clause of the Act entitled " An Act for establishing preamhle.
the mode of granting the lands now vacant in this State, and for allowing
236 STATUTES AT LARGE
A. D. 1794. a coinniutatidii to be received for some lands that have )>ccii granted,"
^■^''''"^'^ passed on the nineteenth day of February, in the year of our Lord one
thousand seven hundred and ninety-ono, it is enacted that all cran's of
land in the Secretary's oflice, and whicli should not be taken out within
twelve months from the ])assing of that Act, should be then sold to the
highest bidder by the commissioners of the treasury ; and such lands have
not been sold, and it is thought expedient to extend the time of sole still
longer :
i. Be it thcrcfurc enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
Sale of lands authority of ihe same, That the sale of the said lands shall be jiostponed
postpoDcd. to the fifteenth day of December next, and no longer ; and that if any
person shall, before that time, pay up the money due for the land, agreea-
bly to the " Act for establisliing the mode for crantinc lands now vacant in
this State, and fur allowing a commutation to be received for some lands
that have been granted," and the expenses incurred thereon, which expen-
ses it is hereby declared shall nut exceed six shillings for any one tract of
land, he shall be entitled to the said grant, and the land thereby gi-anted
to him ; any thing in the said clause of the said Act, or any Act or Reso-
lution of the Legislature of this State, to the contrary thereof in anj' wise
notwithstanding. Provided always, that nothing in this Act shall be con-
strued to authorize the taking out of grants for the excessive surveys of
land which have been made since the first day of April, one thousand sev-
en hundred and ninety-one.
n. ,4«^ /jc // /tfr//(CA- cnwr/cfZ by the authority aforesaid. That ten com-
Commissioncrs missioners be appointed by the Governor in each circuit court district, who
'"''^''I'P"""'^''- shall be required to return to the Legislature at their next meeting an
account of all s\ich lands as have escheated to the State, agreeably to the
Act entitled " An Act to appoint escheators, and to regulate escheats,"
pa-ssed the twenty-eighth day of March, one thousand seven hundred and
eighty-seven ; and that the reasonable expenses incurred by the commis-
sioners appointed as aforesaid in making the returns be paid by the State.
In Ihe Senate House, this lentil day of May, in the yeor of our I.onI one thousand
sevcu hundred and ninety. lour, aud in tlie eighteenth year uf thti [ndeiiendencc of
the United States nf America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Sjieaher uf the lliiuse if Representatives.
No. 1587. AN ACT TK Htii.i) am> Rkivmk ikri-.^in Goals and Coi'kt Houses.
L Beit enaeteil by the Imnorable the Senate ami lluuse nf Repre-
sentatives, now met and sitting in (Jeiieral Assembly, anil by the authori-
ty of the same. That Alexamler Mcintosh, Tristram Thoniasaml William
Commissionprs p3]g„„^.p^ Es(|»., be, and they are hereby a))pointed, commissioners* wilh
cihcrnw. fn" powers to cause a common (jaol for Choraw distrirt to be built, and
the Court Houho of the same district to bo repaired, anil to employ work-
men and procure all necessary malerials for the purpose aforesaid; anil
that provision of a sum not exceeding one lliousund pounds bo jnade in the
next tax bill to defray the expenses ihoreby to bo incuircd.
OF SOUTH CAROLINA. 23';
II. And be it furtlicr enacted by the authority aforesaid, That a sum A. D. 1794.
not exceeding two hundred pounds, be, and is hereby, granted for the pur- ^'^"^'"^^^^
pose of repairing the gaol in Georgetown : and tliat George Heriot, Wil- For Geoige-
liam Cuttino and John Shackleford, be appointee! £is commissioners to con- "o""-
tract ibr and to see the repairs faitlifuUy made ; and that a sum not ex-
ceeding two hundred pounds to defray the same shall be provided for in
the tax bill of the present year.
III. And he it further enacted hy the authority aforesaid, That a sum
not exceeding two hundred and fifty pounds, be, and is hereby, granted for
repairing the gaol aud Court House of Camden district ; and that the com- For Camden,
missioners for building the Couit House of Camden district, be, and they
are hereby, empowered to contract for said repairs, and see the same faith-
fully made ; and that a provision of a sum not exceeding the said sum of
two hundred and fifty pounds be made in the tax bill for the present year.
IV. And he it ftirtlicr enacted by the authority aforesaid. That John
Blake, Edward North and Timothy Ford, be, and they are hereby ap-For Charles-
pointed, commissioners to contract for and foithwith cause a good and t""-
commodious gaol to be built for Charleston district; provision having been
already made by law for that purpose.
In the Senate House, this tenth day of May, in the year of our Lord one thousand seven
hundred and ninety-four, and in the eighteenth year of the Independence of the
United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker nf the House of Rejrresentativcs.
AN ACT FOR rSTABLISHIXG THK ANNUAL SALARIES OF TllK PdWDFU No. 1588.
Inspectors and Arsenal Keepers for Charleston and Ninety-
Six Districts, within this St.\te, and for limiting the duration
of THEia Offices to the term of four years.
WHEREAS, it is right and necessary to ascertain the salaries of the preamble,
powder inspectors and arsenal keepers in Charleston and at Abbeville, in
the district of Ninety-six, in future, the same being now vacant ;
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the Salaries of Ar-
authontv of the same, That from and after the passing of this Act the an-*^*"™' '''^fP'''
1 1 r 1 1 • T 11 • /-ii 1 1 „ and 5)owder In-
nual salary ot tlie powder inspector and arsenal keeper m Charleston shall spector.
be fifty pounds sterling ; and the annual salary of the aiscnal keeper at
Abbeville, in the district of Ninety-six, shall be thirty pounds sterling ; any
law, usage or custom to the contrary thereof in anywise notwithstanding.
II. And in order that the public may be from time to time duly informed
of the state of the magazines and stores, to be deposited at Abbeville Court
House, in the said district of Ninety-six : Be it enacted by the authority j\,'i,'|{^j''^om';
aforesaid. That the members of the Senate and House of Representatives, missioners for
that shall from time to time represent Abbeville County aforesaid, shall AhhevUle dis-
be commissioners to examine and inspect the state of the magazineg, and
quality of arms, powder, and other stores that may be deposited in the store
and magazines at Ablcville Court House aforesaid; aud that they shall
from time to time, when required, make report to his Excellency the Gov-
23S STATUTES AT LARGE
A. D. 1794. ernor of tbe state and condition of the said amis, powder and stores, and
^'^''""'"^^ also annually to the Lea;islature at their November session.
III. At)d to pievent aliases; Be it fur th it enacted by the authority
aforesaid, That no person who may be appointed to the office of powder
inspector and arsenal store keeper, at any magazine of this State, shall be
permitted to administer the said office by deputy, unless in case of sick-
ness.
IV. And he it further enacted by the authority aforesaid. That no per-
son who shall be elected to the office of powder receiver and arsenal store
T'™'' ""^ ''"''' keeper for Charleston or Abbeville, shall continue in office for a longer
time than four years, without ho sliall be re-elected to the same by the
Legislature.
V. And be it further enacted hy the authority aforesaid. That the powder
inspector and ai-senal keeper for Charleston district, shall, before he enters
Security to be on the duties of his office under this Act, give security to the satisfaction
given. ^j. ^jjg Governor, in the sum of five hundred pounds: And the powder in-
spector and arsenal keeper for Abbeville, in the district of Ninety-six,
shall, in like manner, give security to the satisfaction of a raajniiiy of the
Judges of the County Court of Abbeville County, in the sum of two hun-
dred and fifty pounds, for the faithful performance of the duties of their
offices respectively.
In the Senate House, tliis tenth day of May in the year of our Lord one thousand seven
hundred and ninety-four, and in the eighteenth year of the Indcpcndeuco of tlio
United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of liejtresentatives.
No. 1589. AN ACT to incorporate the Medical Society of South Carolina.
(Passed May 10, 1794. See last volume.)
No, 1590. AN ACT to compens.vtr James Shooi.brkd and Makv iii.s Wifb
FOR CERTAIN PROPEUTV THEREIN MENTIONriJ.
WHEREAS, the commissioners appointed in and by an .\cl of the
Preamble Legislature, pas.sed the twenty-second of March, one thousand seven hun-
dred and eigiity-five, for the parish road of Saint Philip and Saint Michael,
were authorized to lay out a road on Charleston neck, to run in a strait
line with Meeting-street, continued until it should intersect the high road ;
and whereas, the said commissioners, in pursuance of the said Act, did lay
out a road which took off a large proportion of a lot belonging to James
Shoolbred and Mary his wife, for which it is reasonable they should re-
ceive an equivalent,
I. Br it therefore enacted by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That Doctor Charles Drayton, John Bull, John
OF SOUTH CAROLINA. 20
McPherson, Anthony Toomer, Nathaniel Russel, Daniel Cannon, and A.D.U'jj.
William Johnson, Esquires, be appointed commissioners to ascertain what ^-^"^^^"^
compensation will be sufficient to inJemnify the said James Shoolbred and Commissione
Mary his wife, for the injury afoiosaid. And that when the same shall be "fP"'"'*"-
ciscertained by the commissioners, or a majority of them, it shall be raised
by an assessment to be made on the taxable property in the city of
Charleston.
In the Senate House, tliis seventeenth day of December, in the year of our Lord one
thousand seven hundred and ninety-four, and in the nineteenth year of the Inde-
pendence of the t/nited States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ADDITIONAL ACT to an Act entitled " An Act for incorpora- No. 1591.
ting the Society of Free and Accepted Masons in this State," passed
the twentieth day of December, in the year of our Lord one thou-
sand seven hundred and ninety-one.
(Passed December 17, 179-i. See last volmne.)
AN ACT TO MAKE SUCH PROVISION FOR THE DeBT OP THE StATE OF No. 1592.
South Carolina, as is specified therein.
WHEREAS, on a settlement of accounts between the United States
and the individual States, the Slate of South Carolina is a creditor to the •> . ■
amount of one million four hundred and forty-seven thousand, one hundred
and seventy-three dollars and sixty cents ; and whereas. Congress have
made ample provision for paying the interest on the aforesaid balance, and
it is just and reasonable that the same should be appropriated to pay the
interest on the debt of the State to the creditors thereof, as far as the same
will extend.
I. Be if therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the -
authority of the same. That the interest to grow due upon the balance of priced. *'''"*'
the funded debt due to the State of South Carolina, from the Congi-ess of
the United States, be, and the same is hereby, appropriated and sacredly
set apart as a fund to make good the several engagements that shall be en-
tered into in pursuance of this Act.
II. And whereas, it is necessary to make arrangements for the equal
distribution of the interest arising as aforesaid, among the creditors of the goo^g ,„ l,e
State ; Be it further enacted by the authority aforesaid, That a loan be pro- opened for a
posed to the amount of one milHon four hundred and forty-seven thousand, '''*°-
one hundred and seventy-three dollars ; and that books for receiving sub-
scriptions to the said loan be opened at Charleston, on the first day of Feb-
ruary next, by a commissioner to be appointed for that purpose, to con-
tinue open until the last day of September following, inclusively : and
240 . STATUTES AT LARGE
A.n. 1791. that the sums which shall be subscrihed thereto, be payable in certificates
^-''"^'"^^ issued for the said debt, computing the interest upon such as l)ear interest
to the first day of January, one thousand seven Inmdred and ninety-six.
III. And be it further emtcled by the authority aforesaid, That the
sums whicb shall be subscribed to the said loan, shall be payable in the
Iiidenti! certiri-P'^""P*' ^^^ interest of such certificates as were issued by William Gibbs
caies, &c. tobe and Edward Blake, late commissioners of loans, reduced to their specie
received. value, according to the laws of this State ; in such certificates as were given
by the continental loan office, as a surplus upon the subscriptions to the
loan of four millions of dollars opened in this State under the law of the
United States, distinguishing between the principal and interest which may
have been due on the same at the time of the subscription, the principal
of which shall be considered as drawing an interest of seven per cent per
annum, from the first day of January, in the year of our Lord one thou-
sand seven hundred and ninety-two ; in the receipts given by the respec-
tive treasurers, for special intlents registered in the oflices agreeable to the
resolves of the Legislature directing the same, which shall be funded in no
other manner than as a claim of interest against the State ; and in all the
other general indents which have been issued under the authority of the
State, ^vith the interest which may have arisen thereon. Provided never-
theless, that nothing herein contained shall be construed to authorize the
commissioner to be appointed under this Act, to receive and fund indents
issued to the late Alexander Gillon, Esq. And provided also, that nothing
herein contained shall be construed to authorize the said commissioner to
receive and fund general indents issued to persons whose estates were con-
fiscated and afterwards restored, except at a rate of one for five.
IV. And he it further enacted by the authority aforesaid. That if
the total amount of the sums which shall be subscribed to the said loan
In case of over within the time limited for receiving subscriptions thereto, shall exceed the
sQbscripnon. ^^^ ^j. ^^^^ rnillion, four hundred and forty-seven thousatid, one hundred
and seventy-three doUare, the certificates and credits granted to the respec-
tive subscribers shall bear such propoition to the sums by them respective-
ly subscribed, as the total amount of the said sum shall boar to one mil-
lion four hundred and forty-seven thousand, one hundred and seventy-three
dollars ; and the amount of tlie overplus, distinguishing between the prin-
cijial and interest, together with the name of the subscriber, shall be en-
tered in books to be kept by the commissioner for that purpose, who shall
give an indent to each subscriber, stating the amount of the overplus both
in principal and interest. And every subscriber to the said loan shall at
the time of subscribing deposit with the commissioner the certificate, or
indent, to be loaned by him. Provided, in every instance, that the said
commissionor shall romi)are es'ery indent oflered for loan with the check
books, and shall not issue other certificates for the same, unless the amount
of the sums and the names of the ])arties agree with those written in the
margin of the said check book, and shall also indorse on the back of each
indent or certificate which shall bo admitted to be loaned, that ho has ex-
amined the same, aiul finding it right, hath cancelled it ; which cancelled
indents the said commissioner shall then file.
V. And be it /'urt/irr enacted by the authority aforesaid. That the credit
of the subscriber or subscribers, being ascertained as aforesaiil, that for any
Statn mock tii g^j^ subscribed to the said loan, which shall bo paid in the principal of the
debt of the State, the subscriber or subscribers shall beentilleil lo one or
more certificates, at the optiiiU of the .subscriber, purpoiling that the State
of South Carolina owes to the holder or holder.s thereof, his, her or their
assigns, a sum, to be expressed iheioin, equal lo two-tliirds of the sum so
OF SOUTH CAROLINA. 841
paid, bearing an interest of six percent per annum, payable quarter-year- A. D. 1794.
ly; and to another certificate or certificates, purporting that the State of '^-^'v-^^
South Carolina owes to the holder or holders thereof, his, her or their as-
signs, a sum, to be expressed therein, equal to the proportion of thirty-three
dollars and one-third of a dollar upon a hundred of the sura so paid; which,
after the year one thousand eight hundred and six, shall bear an interest of
six per centum per annum, payable quarter-yeai'ly ; and the said debts
shall be subject to redemption at the will of the State.
VI. And be it further enacted by the authoiity aforesaid. That the cre-
dit of the subscriber or subscribers being ascertained as aforesaid, that for
any sum subscribed to the said loan, which shall be paid in the interest of
the debt of the State, the subscriber or subscribers shall be entitled to a
certificate or certificates, purporting that the State of South Carolina owes
to the holder or holders thereof, his, her or their assigns, a sum to be spe-
cified therein, equal to that by him, her or them so paid, bearing an inter-
est of three per centum per annum, payable quarter-yearly, and subject to
redemption at the will of the State.
VII. And he it further enacted by the authority aforesaid, That the in-
terest upon the stock created pursuant to this Act, as the same shall be- , ,
come due, shall be payable at the office of the commissioner of the treasu- be paid.'
ry in Charleston, quarter-yearly ; that is to say, one-fourth part thereof, on
the last day of March ; one other fourth part thereof, on the last day of
June ; one other fourth part thereof, on the last day of September ; and
the remaining fourth part thereof, on the last day of December ; the first
payment to become due on the last day of March, which shall be in the
year one thousand seven hundred and ninety-six ; and the said stock shall
be transferable only on the books of the said commissioner, by the proprie-
tor or proprietors of the said stock, his, her or their attornies.
VIII. And be it further enacted by the authority aforesaid. That the inter-
est which shall arise on the balance funded to the credit of this State by
the United States, in the year one thousand seven hundred and ninety-five,
shall be paid over by the treasurer in Charleston, as it shall be received, to
the foreign creditors of this State, in average and proportion to each, if they
or their agents make demand of the same, within ten days before the quar-
ter yearly payments of the said interest become due, otherwise in average
and proportion amongst such as shall make claim as aforesaid ; and if only
one should make such claim, then in extinguishment, as far as the said in-
terest will go, of the debt of such claimant : Provided in every case, that
the foreign creditors or their agents shall agree to give receipts for the
payments made according to the actual amount of the payment here.
IX. And be it further enacted hy ti\e z.\il\wnty dLioref,md, That whoever Punisliment for
shall counterfeit, or utter, knowing the same to be counterfeited, any of the counterfeiting,
receipts or certificates to be issued in pursuance of this Act, shall, on con-
viction thereof, sufler death, without benefit of clergy.
X. And be it further enacted by the authority aforesaid. That the Act
entitled " An Act to provide for the final settlement of the accounts of the i-ormer Act re-
former commissioners of the treasury and other public departments, and pealed,
all other persons having accounts with the State," so far as it relates and
may relate to all Acts, accounts and transactions, matters and things, not
yet completed and perfected, and so far as to continue in full force and
eftect all bills, actions and suits, and the proceedings thereon moved, com-
menced and instituted by the commissioners who were appointed under
the said Act, and not yet ended, and also in so far as to continue in office
for and during the term of one year, from the first day of .Tanuary next,
John Lewis Gervais, one of the commissioners under the said Act.'^hall be,
VOL. v.— 31.
242 STATUTES AT LARGE
A. U. 1794. and the same is hereby, continued until the first day of January, in the
^-^^^'"'^^ ye;irone thousand seven hundred and ninety-six. Provided also, that the
said .lolui Lewis Gervais, in addition to the duties required of him by the
above mentioned Act, do o])cn and keep open the books for receiving sub-
scriptions for the loan instituted Liy this Att, and receive the subscriptions
until the last day of September next, and to perform all other duties re-
quired by this Act.
XI. He it further enacted by the authority aforesaid, That John Lewis
Gervais is hereby directed in all cases, where his duty is not plainly or
expressly pointed out by this Act, to follow, as near as may be, what has
been done by the officers of the United States, in carrying into cflect tiie
arrangements made by Congress for funding their debts and paying the
interest on the same.
In tho Senate House, t)ic twentieth day of December, in the year of our Lord one thou-
sand seven hundred and ninety-four, and tntlic ninetecnili yearof the Independence of
the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the Home of Representatives.
AN ACT FOR KSTABLISIIING THE SaLARV OF THE GoVER.NOR OF THIS
No. ISOS. State, and the Salaries of other Pi'blic Officers ; and for
OTHER puitrosES therein mentioned.
\VHERE.\S, it is expedient and necessary that a principle of economy
should be observed in the management of the finances of this govem-
Prcamble. ment ;
L Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, aiul by the atilhotity of the
same, Tiiat the Governor of this State, wh.i shall hcivalU'i lie elericd,
Salanciofpub- IjjjU |jg entitled to receive the sum of six hundred pounds i)cr annum, a.s
lie omcers. ,. , • , i ,~,i • /• t • i i- i
a compensation lor his services; that the Chiet Justice, hereatter to be
elected or appointed, shall receive the sum of s>ix hundred pounds per an-
num for liis services ; that the Associate Justices, hereafter to be elected
or appointed, shall, each, receive the sum of five hundred pounds per an-
num for their scivices ; the Attorney General, hereafter to be elected or
appointed, shall receive for his services the sum of two hundred pounds
per annum ; that the Circuit Court Solicitors shall hereafter receive, in ad-
dition to their present salary of one hundred pounds per annum, the sum
of a dollar and a half |)er diem, during their attendance on the Legisla-
ture ; that the Commissioner of the Treasury, hereafter to be elected, who
shall reside in Charlestiui, shall receive the sum of four hunOied pounds
per annum ; that the Commissioner of the Treasury, liercafter to be elected,
who shall reside in Columbia, shall receive the sum of tiiree hundred
pounds per annum ; that the Clerk of the Senate and the Clerk of the
House of Representatives, shall, each, receive the sum of two hundred
and eighty-seven pounds per annum ; that the messengers to each House
shall each receive the sum of fifty pounds per annum ; and the door keep-
ers, each, thesum of fifty pounds jier annum ; that the house keeper of the
State House shall receive the sum of twenty pounds per annum.
OF SOUTH CAROLINA. 243
II. And be it further enacted, by the authority aforesaid, That all for- A. L). 1794.
mer laws for establishing the salaries of the public officers of this State, so ^-^'"^'"^'^
far as the same may be repugnant to this Act, shall be, and the same are
hereby, repealed.
In the Senate House, this seventeenth day of December, in the year of our Lord one thou*
sand seven hundred and ninety-four, and in the nineteenth }ear of the Independence
of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Rej'^esejitatives.
AN ACT FOR THE REM0V.\L .^ND SAFE KEEPING OF THE RECORDS OF No. 1594.
THE Clerk's Office of the Circuit Courts of Cheraw District;
AND for other PURPOSES THEREIN MENTIONED.
WHEREAS, it appears expedient atid necessary to provide for the
preservation and safe keeping of the records belonging to the Office of the Preamble.
Clerk of the Circuit Courts of Cheraw District, while the Court House is
repairing ;
I. Be it therefure enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the p, ^, a-
authority of the same. That immediately from and after the passine of this wliere to be
Act, it shall and may be lawful to and for the Clerk of the Circuit Courts ''^P'-
in and for the district of Cheraw, to keep his office of Clerk of the said
Courts, until the Court House shall be repaired, at such place, not exceed-
ing two miles from the town of Greenville, as the commissioners hereinaf-
ter named shall from time to tmie think fit and direct, and to remove to
and keep at the place so to be appointed hy the said commissioners aforesaid,
and he is hereby directed and required so to do, all and singular the re-
cords to the said office of the Clerk of the said Courts belonging or in
anywise appertaining; any law, usage or custom, to the contrary in anywise
notwithstanding.
II. And he it further enactedhj \\ie KxithovXi'y aforesaid, until the Court
House shall be repaired, that the posting of any rule to plead in any cause
depending in the Circuit Court of Common Pleas of the said District, on S^"'" by
the front door of the house wherein the office of Clerk of the said Court ''"^ '°®'
shall, in pursuance of this Act, be kept, shall be deemed, taken and ad-
judged to be a legal service of such rule, to all intents and purposes what-
soever, in all cases where the posting of a rule on the door of the Court
House hath heretofore been deemed a legal service.
III. And he it further enacted by the authority aforesaid, That Alexan-
der Mcintosh, Tristram Thomas and Williain Falconer, be, and they are Commissioners
hereby appointed, commissioners, and authorized and required to contract *PP°'"'^<^-
for and procure without delay, in pursuance of this Act, a convenient room,
giving notice of their having so done under their or a majority of their
hands and seals to the Clerk of the said Courts, to be the office of such
Clerk, proper for the reception and safe keeping of the record* aforesaid ;
and that the Legislature will provide for the expense thereof
244 STATUTES AT LARGE
A. D.1794. IV. A/id he it farther enacted by the authority aforesaid, That as soon as
^-'''"^''''"*^^ tlie sniil Court House shall be repaiied, the said commissioners are hereby
authorized and required to cause all and singular the said records, to be re-
moved back again to the said Court House.
In the Scnaie House, Uie seventeciuh day of December, in the year of our Lord one
thousand seven hundred and ninety-four, and in (he nineteenth year of the Indepen-
dence of tlie United States of America.
DAVTD RAMSAY, President of the Senate.
JACOB RKAD, Speaker of the House (f Rejtrcsentativcs.
No. 1595. AN ACT to r.sT.\ni.isii cert.\in Lottf.kies tiif.ri:i.\ mrxtioneo.
WHEREAS, sundry persons, inhabitants of Georgetown and its
vicinity, have, by their petition, represented that tlie poor and neces-
sitous among them are, during their sufferings under the disorders inci-
reamb e. ^\^^l ((, xhi^i p^,.t of the country in the fall of the year, extremely dis-
tressed for the want of some convenient building to be lodged in, and also
have prayed that they might be authorized, by Act of the Legislature, to
establish and draw a lottery, in order to raise a fund for the purpose of
j)urchasing a lot and of erecting a house in the said town, for the reception
of such poor and necessitous people as may be real objects of charity :
L Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That Robert I5rownfield, Daniel Tucker, Nathan
Pcrsonii em- Hart, Francis Delusseline, Erasmus Rothmahler, Cornelius Dupre, Fran-
nmnagc a Kit- c'=* Grcen, Abraham Cohen, and John Murray, shall have full power, and
tcrv for the sick they are hereby fully atithorized and enii)owercd, to erect and ])roceed to
Georee'iown'^"''^'' drawing, and finally to conclude, a lottery, for the purjtoses above
mentioned : Provided, they do not, by the said lottery, raise a fund ex-
ceeding one thousand pounds.
n. And whereas, the stockholders and directors of the Company for the
inland navigation from Santee to Coo|)er river, by their petition, have set
forth that they have expended H|>\vards of twenty thousaiul pounds of their
own money, and are proceeding at the rate of an annual exj)enditure of
seventeen thousand pounds sterling, in promoting the great object for
which they are incorporated, and have humbly prayed that they may have
the permission of the Legislature to establish and conclude one or moro
lotteries, to raise a sum not exceeding six thousand jiouiuls in the whole,
l,iiitiriof<£;rnut- that they may be enabled to proceed with spirit in the com])letion of the
pil iriihi' .Siinieo ^Qrk committed to their care ; Be it therefore enarled by the authority
crV'oini'anv. "aforesaid, That the said Company for the inlimd navigation from Santec
to Cooper River, be, and they are hereby, vested with full ])owcr to make
and proceed to the drHwinur and concluding one or more lotteries for the
above puqjose : Provided, they do not, by the said lotteries, raise more
than the net sum of six thousand pounds.
In thcSenuIe House, the seventeenth diiy<if Deeemher.in the year nfour Lord one thousand
seven htindnMJ and ninety-four, and in the nincteentli year of tlie Indepemloneo of
the l^nilei] States of America.
DAVH) RAALSAY, President oj the Senate.
JACOH READ, Sprahcr of the House of Rejn-rscntatires.
OF SOUTH CAROLINA.
AN ACT for opening the Navigation of Pine-tree Creek, from the No. 1596.
mouth of said Creek to the forks thereof, near Camden.
(Passed December 17, 1794. See last volume.)
AN ACT to incorporate certain Religious Societies therein mentioned. No. 1597.
(Passed December 17, 1794. See last volume.)
AN ACT TO DISPENSE WITH THE WaRDENS OF CaMDEN SITTING SO No. 1598.
OFTEN AS TWICE IN A MONTH.
WHEREAS, the intendant and wardens, and sundry other inhabitants
of the town of Camden, have, by their petition to the Legislature, set forth „ . ,
that that part of the Act entitled "An Act to incorporate Camden," which
requires the wardens of the said town to meet twice in every month, is
unnecessary;
L Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That from and after the passing of this Act the said VVardens to
wardens, or any two of them, shall, in rotation, meet once in ^'very two"^y^\°"^^i'"
months, or oftener if occasion require, at the usual place in Camden, for the
purposes directed in the before mentioned Act for incorporating Camden ;
any thing therein contained to the contrary notwithstanding.
In the Senate House, this seventeenth day of December, in the year of our Lord one
thousand seven htindred and ninety-four, and in the nineteenth year of the Indepen-
dence of the United States of America,
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ACT FOR APPROPRIATING A RoOM IN THE CoURT HoUSE IN ChARLES- No. 1599.
TON, HERETOFORE PROVIDED FOR THE CoURT OF ADMIRALTY, FOR THE
FUTURE HOLDING OF THE SEVERAL FEDERAL CoURTS, UNDER THE AU-
THORITY OF THE United States, that shall sit in the City of
Charleston.
WHEREAS, by an Act passed the 27th day of February, 17S8, enti-
tled " An Act for granting the sum of c€3500 for the building a court Preamble,
house and jury rooms for the district of Charleston, and for appointing
246
STATUTES AT LARGE
A. U. 1794. and cmpoweiing commissioners to execute the same," it was enacted that
^-^'^■'"^^ the commissioners thereby appointed should be authorized and empowered
to provide, in the said court house, rooms for the holding of tlie courts of
general sessions of the peace, and of the common pleas, for the distiict of
Charleston, also rooms for the courts of chancery and of admiralty ; and
whereas, the said commissioners, in compliance witii the directions afore-
said, have appropriated the westernmost room on the ground or first floor for
the holding the courts of general sessions of the peace and of the common
pleas, the westernmost room on the second floor for the holding the courts
of equity, and the easternmost room on the second floor for the holding
the court of admiralty :
I. Be it therefore enacted, by the honorable the Senate and the House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That the said easternmost room on the second floor
Aroomapnro- of the said court house, heretofore intended for the court of admiralty, shall
mgthe federul ''^' ^""^ '''^ same is hereby, appropriated, until otherwise directed by an
courts. Act of the Legislature, for the holding of the federal courts of the L'nited
States, which are from time to time directed to meet and sit in Charleston;
any law, usage or custom to the contrary notwithstanding.
Ir the Senate House, tlie seventccmti day of December, in the year of our Lord one thou-
sand seven hundred and ninety-lour, and in the uinelecnlh year of llie Independence
of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Repretentatires.
No. 1600. AN ACT to i.n'cre.\se the number of Justices of the Peace in the
SEVEiEAL Counties TanouGHouT this State where County Courts
ARE established.
Junticcs of tlie
peace to be
appointed.
WHEREAS, it is found expedient and necessary to increase the num-
ber of justices of the peace in the several counties in this State where
county courts are established :
L Be it thcrtfore enacted, by the honorable the Senate and House of
Representatives, now met and sittinc; in General Assembly, and by the
authority of the same. That from and immt'dintely after the passing of this
Act, the number of justices of the peace in the several counties through-
out this State where county courts are cstablishe4l, maybe increased, from
nine, the number to which they are at present entitled, to fifteen for each
county ; tiny law, usage or custom to the contrary notwithstanding.
In the Senate Houhp, lhi» seventeenth day of December, in the year of our Lord one tl)ou-
sand Hcven hundn>d and ninety-four, and in the ninolcenlh year of the Independence
of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Sj>raf:rr of the House of Reprfftntativei.
OF SOUTH CAROLINA.
AN ACT TO ASCERTAIN AND FIX ON SOME CONVEMENT AND CENTRAL No. 1601.
SITUATION FOR THE CoURT HoUSE AND OTHER PUBLIC BUILDINGS FOR
THE County of Greenville ; and for other purposes therein
MENTIONED.
WHEREAS, dissatisfaction hath arisen among the inhabitants of
Greenville county, respecting the situation of their public buildings ;
I. Be it t/ierefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in Genera! Assembly, and by the
authority of the same. That the Rev. James Tanants, John McBeth, Peter^™,^|'4X°l"
Sarter, Isaac Green, Paul Abner, Samuel Walker, William Anderson, ings appointed
Robert Nelson, Martin Adams, WilHam Goodlet, Josiah Foster, Silas forfJreenville.
Williams, James Ivilgore, Thomas Townsend, and William Choice, be,
and they are hereby appointed, commissioners, with full power either to
alter the place at present fixed by law for building a court house
and other public buildings for the said county of Greenville, or to confirm
the same, as they, or a majority of them, shall think expedient and neces-
sary ; and that so much of an Act entitled " An Act to ascertain and fix
on some convenient and central situation for the court house and other
public buildings for the county of Greenville," passed the 21st day of
December, 1793, as is repugnant to the present Act, be, and the same is
hereby, repealed.
In the Senate House, this sevcnteentJi day of December, in the year of our Lord one
thousand seven hundred and nineiy-four, and in the nineteenth year of the Indepen-
dence of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ADDITIONAL ACT to the Act entitled "An Act to organize No. 1602.
the Militia throughout the State of South Carolina in conformity with
the Act of Congress."
(Passed December 19, 1791. See last volume.)
AN ACT to enable the Commissioners therein appointed to clear out No. 1603.
and remove the obstructions in that branch of Ashepoo river which is
called the Horse Shoe Creek; and to cut or sink and keep in repair
a Drain or Canal from the head of the said Creek up the swamp called
the Round O Swainp to the junction of the two branches of the said
swamp, at the Plantation known by the name of Gilkicker's ; for open-
ing Lowder's Lake ; and for other purposes therein mentioned.
(Passed December 20, 1794. See last volume.)
No. 1604.
STATUTES AT LARGE
AN ACT to repeal the 12tli clause of an Act entitled "An Act to alter
and amend an Act respecting the High Koads and Bridges," passed the
22iid day of March, 17So, so far as the said clause relates to the Bridge
constructed over Edisto river, at Jacksonborough ; and for other purpo-
ses therein mentioned.
(Passed December 20, 1794. See last volume.)
No. 1G05. AN ACT to revive and extend an Act entitled " An Act to prohibit
the importation of Slaves from Africa; or other places beyond the
Sea, into this State, for two years ; and also to prohibit the importa-
tion or bringing in of Negro Slaves, Mulattoes, Indians, Moors, or
Mestizoes, bound for a term of years, from any of the United States,
by land or water."
(Passed December 20, 1704. .SVf huit volume.)
No. 1606. AN ACT for compki.i.i.vo i-erso.ns residing in this State to atte.vd
a.nd give kvidenx'e, under commissio.v, in suits depending in other
States ; and ai.so to compel persons to attend and give evidence
UNDER commissions ISSUING OCT OF THE CoURTS OF THIS StATE, AND
TO GIVE EVIDENCE nKFORE JUSTICES OF THE PeACE, IN CAUSES WITHIN
THEIR JURISDICTION.
I. Be it enacted, by the honorable the Senate and House of Rejirc-
sentativcs, now met and sitting in General Assembly, and by the
authority of the same. That where a commission shall hereafter issue out
of any court of judicature in another of the United States, to examine any
witness or witnesses resi<ling in this State, touching any cause, matter or
thing depending in such court, the person having olitained such commission,
or his or her agent, shall produce it to a judge of the supreme courts or
county courts of this State, who, on being satisfied of its nuthenticily and
regularity, shall direct a subpo-na to issue in due form from the clerk's
olTico of the nearest couit of common pleas, or county court, as the case
may be, requiring the witness or witnesses named in such commission to
attend before the commissioners therein also named, nt a certain time, and
at some place not exceeding fifteen miles from the residence of such wit-
ness or witnesses respectively, ami give evidence, fully, according to their
knowledge, touching all such matters ns shall be charged an<l set forlh in
the interrogatories and cross interrogatories annexed to such conimissiiui ;
which subpo'na shall be served on tin- witness or witnes.ses j>ersonally, at
least two days before the time at which attendance is rcijuired by it ; and
such witness or witnesses, so attending and giving evidence, shall bo enti-
tled to the sum of four shillings and eight pence each, for every day of
WilncxacB
obliccrl to at-
tcn(f and give
cvidf^ncc on
commission
from otlicr
Statcg.
OF SOUTH CAROLINA. 249
necessaty absence from home, and bis or ber necessary ferriages in going A. D. 1794.
to and from and attending the said commissioners, to be paid by the party ^-^""v-^-^
obtaining the commission, or bis or ber agent, before it is debvered out
of the hands of the commissioners, who are hereby authorized and re-
quired to estimate the number of days for which payment is allowed as
aforesaid, and to retain the commission till such payment be made. And penaltv for
if any witness on whom such subpcena shall be served, shall refuse oi ne- neglect.
gleet to attend according to the command thereof, or, so attending, shall
refuse to answer on oath to the interrogatories and cross interrogatories
thereunto annexed, or any of them, such witness shall be liable to the same
actions, penalties and pains to which witnesses are liable who refuse or
neglect, when duly subposnaed, to attend in any court of record in this
State, or, so attending, refuse to give evidence : Provided, that nothing
herein contained shall authorize commissioners to attach or commit per-
sons summoned as witnesses, but that any of the superior courts of this
State, on such subpwna as is herein mentioned being produced, and satis-
factory infor.mation made on oath that it was personally and in due time
served on any witness therein named, who refused or neglected to attend,
according to the command of the said subpoena, or, attending, refused to
answer as aforesaid, shall have power, and is hereby retjuired, to order an
attachment atjainst such witness, to appear and answer for such neglect or
refusal, as for a contempt of the court ; which attachment shall be served
and executed by the sheriff of that court where it was awarded, or his
deputy, and shall run into any part of the State ; and such other proceed-
ings shall be had thereon as are usual and allowed in other cases of attach-
ment for contempt.
II. And be if further enacted by the authority aforesaid. That where a
commission shall issue by consent of parties or otherwise, out of any court ^^''''"° •'■''
of judicature in this State, to examine any witness or witnesses residing ^'°'^'
within this State, touching any matter or thing depending in such court,
the said court shall have power, and is hereby required, to issue a subpoe-
na, indue and legal form, commanding such witness or witnesses to attend
before the commissioners named in the commission, at a certain time, and
at some place not more than fifteen miles from the residence of such wit-
ness or witnesses respectively, and answer on oath, according to their
knowledge, to the interrogatories and cross interrogatories annexed to the
said commission ; which subpoena shall be served personally on the wit-
ness or witnesses therein named, at least two days before attendance is
required by it ; and such witness or witnesses, so attending and giving evi-
dence, shall be entitled to the same compensation, to be assessed and
secured in the same manner, and in case of neglect or refusal to attend,
or refusal to give evidence, shall be liable to the same actions, pains and
penalties, and proceeded against in the same manner, as is provided by the
first clause of this Act for the case of witnesses to be examined in causes pick and infirm
pending in other States: Provided, that nothing in the foregoing part of persons,
this Act shall be held to extend to persons unable to leave home by reason
of age, infirmity, sickness or bodily hurt, all which persons, whenever it
may be necessary to examine them by commission in causes depending
either in this State or other States, shall be attended by the commissioners;
and in case of their refusal to give evidence, or to answer to the interroga-
tories and cross interrogatories under any such commission, shall be liable
to the action of the party who may be injured by the want of their testi-
mony, and shall make reparation in damages for such injury.
III. Andhe it further enac/edhy the authority aforesaid. That any justice
of the peace in this State, on the application of any paitv to a cause within
VOL. Y.—32.
250 STATUTES AT LARGE
A.i). 1704. his jurisdiction and depending before hiui, shall have power, and is hereby
^"^^^^"^^ required, to issue a summons, citing any person or persons whose testimony
Before Justices may be reciuired in such cause, except persons confined by age, infirmity,
of the Peace, sickness or bodily hurt, to appear before him, at a certain time, and at
some place not more than twenty miles from the residence of such person
or persons respectively, and give evidence in the said cause ; which sum-
mons shall be personally served on such pei^son or persons at least three
days before the time at which attendance is required by it. And if any
such person or persons, on being personally sened, in due time, with such
summons, shall refuse or neglect to attend, or, attending, shall refuse to
give evidence, the party aggrieved by such neglect or refusal may apj)ly to
the county court of the county, and where there aie no county courts, to the
nearest superior court of the State, which courts, or any of them, on such
application, and ])roduction of the summons, with due proof of the service,
neglect or refusal aforesaid, are hereby authorized and required to proceed
against such witness or witnesses by attachment, as for a contempt, in the
same manner now used and allowed in the case of witnesses who refuse
or neglect to appear in any of the said courts when duly subpa*naed, or,
appearing, refuse to give evidence ; and every witness so refusing or ne-
glecting to attend before a justice of the peace, when duly summoned as
aforesaid, or refusing to give evidence when present, shall, moreover, be
liable to the action of the party aggrieved by such neglect or refusal, and
shall make compensation in damages for the injury so sustained.
In the Senate IIuiisc, the twentieth day of December, in the year of our Lord one tJiou-
sand seven hundred and ninety-four, and in the nineteenth year of llie Independeuro
of the United States of America.
DAVID RAMSAY, President of the S,-n<tlc.
JACOB READ, Speaker of the House of Representatives.
No. l')07. AN ACT FOIl R.\ISING SUPPLIF.S FOU THE YEAR ONE THOVSAND SEVEN
HUNDRED ANU NINETV-POUR.
WHEREAS, we, the representatives of the free and independent State
of South Carolina, in General Assembly met, have thoni;lit it expedient
Frcara e. ^^j necessary that a tax, for the sums and in manner herein mentioned,
should be assessed, raised, and paid into the public treasury of this State,
for the use and service thereof :
I. Be It thireforc enacted, by the honorable the Senate and
House of Representatives, now met and sitting in General Assembly,
and by the autliority of the same, 'I'hat the sum of ten shillmgs per
Rate ofiaxa- centum ad valorem on every hundred pounds, to be paid in s])ecie or
lionon lands, paper medium, shall bt;, and is hereby, imposed on all lands granted within
this State, and in llie maimer and undt^r the several reuiilalions lieieiiiafter
set forth and expressed, that is to say: No. 1. All tide swanqi not
generally aflbcted by the salts or freshes, of the first quality, shall be
rated at six pounds per acre ; of the second quality, at four pounds per acre;
of the tliird quality, at two pounds per acre ; all ])ine barren lands adjoining
such swamps, or contiguous thereto with resjicct to the benefit of water
carriage, at ten shiUings per acre ; all prime inland swamp, cultivated and
uncultivated, at an average of ibroc pounds per acre ; second c|ualily.
OF SOUTH CAROLINA. 251
ditto, at two pounds per acre ; thiid quality, ditto, one pound per acre ; pine '^•1'- 1~-'''-
barren lands, adjoining or contiguous thereto, at five shillings per acre ; salt ^-'■''^'''^^
marsh or inland swamp, clearly proved to the assessors to be incapable of
immediate cultivation, five shillings per acre. 2. High river swamps or low
grounds, cultivated and uncultivated, including such as are commonly called
second low grounds, lying above the flowing of the tides, and as high up
the country as Snow Hill, on Savannah river, the fork of Broad and Saluda
rivers, on the Congaree, Graves's Ford on the Wateree, and the boundary
line on Pedee ; the first quality at three pounds per acre ; the second
quality at two pounds per acre ; the third quality at one pound per acre ;
except such as lie so low as to be clearly proved to the assessors to be in-
capable of immediate cultivation, which shall be assessed at five shillings
per acre. 3. All high river swamp, or low grounds, lying above Snow Hill,
the foi-k of Broad and Saluda rivers, Graves's Ford, and the old Indian
boundary line, fifteen shillino;s per acre. 4. All high lands without the limits
of St. Piiilip's and St. Michael's parishes, on John's island, James island,
and on the main, within twenty miles of Charleston, at one pound per acre.
5. All lands on the Sea islands, Slann's island included, or lying on lu con-
tiguous to the seashore, usually cultivated, or capable of cultivation, in
corn or indigo, and not within the limits prescribed in class number four,
one pound per acre. 6. All oak and hickory high lands lying below
Snow Hill, the fork of Broad and Saluda rivers, Graves's Ford, or the
boundary line on Pedee, and not included in the limits or description of
the two preceding classes, numbers four and five, at fifteen shillings per
acre. 7. All pine barren lands not included in number one, four, and five,
to be assessed at one shilling per acre. S. All oak and hickory high lands
lying above Snow Hill, the fork of Broad and Saluda rivers, and Graves's
Ford, the first quality, at eight shillings per acre ; the second quality, at
five shillings per acre ; the third quality, at two shillings per acre. 0. All
oak and hickory high lands above the old Indian boundary line, the first qual-
ity, at six shillings per acre ; the second quality, at three shillings per acre ;
the third quality, at one shilling per acre. That all lands within the limits of
the parishes of St. Philip and St. Michael shall be assessed in the same man-
ner and upon the same principles as houses and lots in Charleston, and in a
relative proportion to lands in the country. That the sum of three shillings
and six pence per head shall be levied on all slaves ; the sum of nine shil-
lings and four pence, per head, on all free negroes, mulattoes, and musti- 'f"'" "".'^^'"S
zoes, between the ages of sixteen and fifty years; and ten shilhngs per'
centum ad valorem on all lands and lots and buildings within any city, vil-
lage, or borough, and on every hundred pounds stock in trade, factorage,
employments, faculties and professions, (clergymen, mechanics, school-
masters and schoolmistresses excepted)— to be ascertained and rated by
the assessors and collectors throughout the State, according to the best of
their knowledge and information ; to be paid in specie or paper medium of
this State.
II. And be it further enacted by the authority aforesaid, That all negroes
and other slaves who are employed on any lands leased by any person or ^,{'*J|^°,5',jiPn ^''
persons of the Catawba Indians, shall be, and they are made, liable to the lands,
payment of this tax .
III. And whereas, doubts have arisen and are still subsisting respecting
the construction of former tax Acts, inasmuch as the tax collectors have as-
sesed the property of divers religious societies, and also of the incorporated Religious Soci-
South Carohna Society ; Be it therefore enacted, that nothing in this Act,
or in any former Act contained, shall be construed to impose a lax on any
pi-operty of any religious society, or of the South Carolina Society.
202 STATUTES AT LARGE
A. I). 17111. i\T j^^^i \vhorea3, it is the duty of every person claiming of or reeeiv-
^-^""•^"^'^ iiig from this i;overnnienl the protection either of his person or property, to
contribute not only his quota of money, but also those personal services
which every citizen is l)oun(l to contribute for tlic support of tliat govern-
ment, or to pay an adilitional tax in lieu of such services ; And wlicreas,
Absentpps dou- '^'^'"'^ ^''^ numbers of persons holding large estates in this country, who
ble taxed. reside without the limits of the United States, and annually draw fi oni this
Stale great resources, which are expended in foreign countries without any
advantage to this government, to wliich they are indebted for the protection
of their ])roperty , Be it therefore enacted by the authority aforesaid, that
every male person holding, or being entitled to, any taxable property in this
State, who resides without the limits of the United States, shall, for the
use of this State, pay a double tax on their estate and property ; which
tax and assessment the tax collectors tliroughout this State are hereby re-
quired to exact and recover from every sucii person : Provided, never-
theless, that nothing herein contained shall be construed to extend to the
property of any person sent, or hereafter to be sent, abroad in the employ-
ment of this State or of the United States, until one year after the expira-
tion or dctci'mination of liis commission, or to the property of any young
man sent abroad for his education, until he attain the age of twenty-three
years, or to the property of any person now absent from the United States,
unless sucli person has been so absent for two years.
V. And he it J'urt/icr enacted by the autliority aforesaid. That the en-
Compensation quirers, assessor.-* and collectors, apjiointed by law, shall, for their services
of enquirers, jfj [Jig discharije of their duties, receive, on closing their accounts with the
commissioners or the treasury, nve per centum, except the parishes oi
St. Philip and St. Michael, who are to receive 2h per centum, on the
amount of the ta.xes collected by them, to be allowed and paid to the seve-
ral tax collectors.
VI. And be it further enacted by the authority aforesaid. That the asses-
Rcturnsor sors, en(inirer3, and collectors respectively, shall begin their enquiry on the
to be made. fi'"st day of February next ; and that when all the collectors who were ap-
pointed for any parish or county are dead, and the tax returns not closed
with the commissioners of the treasury, the collectors who shall be thereafter
appointed are hereliy directed and ordered to deiMaiui receipts or to admin-
ister an oath, or to procure iitlier satisfactory ]iroof, from the persons of
the county or parish, that he or they hail paid their taxis lijr the preceding
years, in order to discover their taxes slill due, and to enable the public to
ascertain what sums of money are due by the estates of decea.scd col-
lectors ; and slimild the executors or administrators of tlie deceased collec-
tors refu.se to pn id ure the accounts i)f liie deceased, or give infoimation on
the subject, the roinmissioners of the treasury are hereby ordered to ])ut
the law in force against the estates of tlie deceased collectors.
VII. And lir it further enact rd hy the aiitlioiity aforesaid. That the
Duly of the a-ssp-ssora and rollectors appoinled by law shall do and perfnrm all and
asficnsnrK and i .1 i .• ■ • . .1 • ir: 1 1 1 ■ \ .
cellcciora. Singular the duties ajipertaining to tlieir omce, as ilescrilied in an Act
entitled " An Act for declaring the powers and duties of the enquirers,
assessors and collectors of the taxes, and other persons concerned there-
in."
VIII. And he it further emietcd by the autliority aforesaid, 'J'hat the com-
Treoiurerit lo missioneis of tlic lieasiirv lie, and they an; lieroby, directed to fiirnisli
of thif Aei. copies of this .Act to each ol llii- assessors and collectors appointeil by law,
throughout this Slate, within one month after passing this Act, and the
reasonable expenses incurred thereby sliall be reimbursed.
IX. And be it further enacted by llie anthorily aforesaid. That all pei-
OF SOUTH CAROLINA. 253
sons any wise liable to pay the taxes hereby imposed, shall, on the sixth A.D. irm.
day of February, 1795, give in a true and just return of the quality and ^-^""v-^^
quantity of lauds and slaves, as directed to be taxed by law, either
in his, her or their own risrht, or in the ritrht of any person or persons „.
• • ^ r I Xiiuc of nav-
whatsoever, as guardian, executor, administrator, attorney, agent or trus-^gju of taxes,
tee, or in any other manner whatever ; and shall, on or before the first
day of April, in the year of our Lord one thousand seven hundred and
ninety-five, pay in their taxes to the assessors and collectors appointed
by law for the parish, county or district where the paity making such
return, either by himself or family, resideth the greatest part of the year.
And that the said assessors and collectors shall pay the same, and settle
their accounts with the treasury, on the first day of June, which will be in
the year of our Lord one thousand seven hundred and ninety-five ; any
law, usage or custom to the contrary thereof in any wise notwithstand-
ing.
X. And whereas, it will be beneficial to the State that the interest ac-
cruing on the paper medium should be appropriated towards defraying^ ^^.^^j^^^
some part of the exjienses of the government ; Be it therefore enacted by
the authority aforesaid, That all the interest of the paper medium issued by
virtue of an Act passed the twelfth day of October, one thousand seven
hundred and eighty-five, now due, or to grow due on or before the first
Wednesday in March next, is hereby appropriated to make up any defi-
ciencies of the money to be raised by this Act.
XL Atid he it further enacted by the authority aforesaid. That the prin-
cipal sums of the said paper medium which will be due on the first Wednes- Jhi^ paper me
day in March next, shall not be required to be paid as directed by the Act j,g 'jj_
entitled " An Act for raising supplies for the year one thousand seven hun-
dred and ninety-three," but shall be paid on the first Wednesday in March,
one thousand eight hundred : Provided always nevertheless, that no per-
son shall be entitled to the benefit of this clause who shall not give an ad-
ditional security, if required by the treasurer in Charleston ; and it is here-
by declared to be the duty of the treasurer in Charleston to require such
additional security in all cases where he is not fully satisfied of the suffi-
ciency of the former security, and in all cases where default has been
made in paying what has heretofore been due, or which shall be made in
paying the interest to grow due in March, one thousand seven hundred and
ninety-five.
XII. And be it fwrtJier enacted by the authority aforesaid. That so
much of the Act passed the twentieth day of December, one thousand Pan of former
seven hundred and ninety-three, entitled " An Act for raising supplies for-*<^' repealed.
the year one thousand seven hundred and ninety-three," as shall be repug-
nant to the preceding clauses of this Act, be, and the same is hereby, re-
pealed.
XIII. And be it also further enacted hy the authority aforesaid, That
nothing shall be received by the treasurers in payment of the taxes herein what shall be
before directed to be raised, but gold and silver coin made current in this received for
State, and the paper medium issued by authority of the Legislature, or"'^^^"
bank paper redeemable in the first instance with gold and silver at the
banks now established in this State, or certificates issued for the pay of the
members of the Legislature for their attendance thereon.
In the Senate House, this twentieth day of December, in the year of our Lord one thou-
sand seven hundred aud ninety-four, and in the nineteenth year of the Independence
of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of (lit House of Representatives.
STATUTES AT LARGE
ESTIMATE
Of supplies wanted for the support of Government , for the year 1794.
SALAKIES, AS SETTLED BV LAW.
The Governor, ....-.-
Secretary to the novernor, ...-.-
Chief Justice, .......
Four Associate Judfies, each i.'600, .....
Two Judges of the Court of Equity, eacli i'300, - . . .
One Judge of tlic Court of Equity, for two-thirds of a year.
Attorney (;eneral, for giving advice to llie i;overnor and other pulihc oflicers,
in matters of pubhc concern, in addition to his other duties,
Three Circuit Sohcitors, each i'lOO, . . . - -
Treasurer in Charleston, for salary os Treasurer, and for transacting the business
of the Ix)an Oflice, and Clerks, . . . - .
Treasurer in Columbia, for his salary and clerk, . . . -
Clerk of the Senate, and Clerk of the House of Representatives, each XSST,
per annum, .......
Two ^lessengers, one for each house, nl i'70 each,
Two doorkeepers, ditto, at fifty pounds each, ...
Keeper of the Stale House and public offices in Columbia,
Arsenal keeper and I*owder receiver in Charleston,
Arsenal keeper and powder receiver at Abbeville Court House,
Incidental charges, . . . - -
Contingent accounts passed, delivered the present session,
Transient poor, ......
Printer's bill, for extras, .....
State Printer's salary, .....
Contingent fund, subject to the Governor's drafts.
Fort Johnson, ......
Expenses of the members at May session, and for the present session.
Debt due to Mr. Burn, .....
Commissions on receiving taxes, . . . . .
Commissioners for settling public accounts, for one year's salary due to ihem.
Arrearages of Annuities, including (he present year,
The Pilot for the bar and horborof Georgetown,
Port Physician, .......
Nine Brigade Inspectors, at jC5U eoch, ....
Clerk of the Adjourned Court at Columbia, ....
Timothy &. .Mason's contract for printing the .Militia Laws, Baron Steuben's
Treatise, &c. l.'HKI copies, ot Is. Cd . . . -
Expenses of bnilding the Gaol and repairing the Court House of Cheraw
district, .......
Repairing the Gool in Georgetown, .....
Repairing the Gaol In Camden district, ....
Joseph Brnilsford, Ordinary of Beaufort district, for the purpose of having re-
corded the papers belonging to his ofliee — copies of which were lost when
his dwelling house and office were burnt, . . . .
£9(K) (K) 00
MH) IKI 00
•i-lOO 00 00
10(10 Oil 00
333 06 08
200 00 00
300 00 UO
T4I) 00 00
500 00 00
bli 00 00
HO 00 00
100 00 00
30 OU 00
50 00 00
20 00 00
4193 04 10
3CO0 00 00
1000 OU 00
300 00 00
100 00 00
1000 00 00
1488 00 00
2400 00 00
4000 00 00
2000 00 00
IfKHI 00 00
15UU 00 00
75 00 00
100 00 00
450 00 00
20 00 00
337 10 (X)
KXW (X) 00
2<K1 00 00
250 00 00
OF SOUTH CAROLINA.
AN ACT TO CEDE TO THE UnITRD StATES A PROPER PLACE, UPON No. 1G08.
NoKTH Island, whereon a Light House may be erected.
WHEREAS, the Congress of the United States, on the twenty-first
day of February last, passed an Act to provide for the erection of a Light
House for the harbor of Georgetown, in this State ; and Tench Coxe, Es- Preamble.
quire, commissioner of the revenue of the United States, by his letter ad-
dressed to both branches of the Legislature, has, on behalf of the said
States, and by virtue of the said Act, requested that this State would pass
a law to cede to the LTnited States such a place for the purpose aforesaid,
as Edward Blake, Daniel Stevens and Isaac Holmes, Esquires, might
think most eligible : And whereas, it has been represented to the Legisla-
ture, that some spot upon North-Island would be the most eligible place
for the said purpose ; that Paul Trapier, Esq., who is the proprietor of the
said island, is willing to make a gratuitous cession of a sufficient quantity
of land upon the said island to answer the end above mentioned; but that
Edward Blake, Esq., above named, has lately departed this life:
I. Be it therefore enacted by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au-
ihority of the same, That the secretary of this State, for the time being, conveyeX
shall be, and he is hereby, authorized to receive a conveyance from the said
Paul Trapier, Esq., or any other person or persons authorized or having
a lawful right to execute the same, of and for such and so much land, up-
on North-Island aforesaid, as the said Daniel Stevens and Isaac Holmes,
Esquires, or any other person or persons in this behalf, lawfully authorized
or appointed under the said Act of Congress, or any other Act by them
made or to be made, may be chosen as a proper site for the said light-
house ; and that the secretary of this State for the time being shall make
and execute such a conveyance, or instrument in writing, under his hand
and the seal of this State, as the Attorney General shall advise and pre-
pare, and thereby convey to the United States, in fee simple forever, all
such land and premises as the said Paul Trapier may convey to him as
aforesaid.
In ihe Senate House, the twelfth day of December, in the year of our Lord one thou-
sand seven hundred aud uiuety-five, and in the twentieth year of the Independence of
the United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Sjjeaker of the House of Representatives.
AN ACT TO FACILITATE THE CONVEYANCE OP ReAL EsTATES. No. 1609.
WHERE .\S, the mode of conveying land, by indentures of lease and
release, is expensive, and it is found by many inhabitants of this State to P''^*'"'^'®-
be very inconvenient : for remedy thereof,
I. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same, That the following form, or purport of a release, shall, to all in-
tents and purposes, be valid and effectual, to convey from one person to
256 STATUTES AT LARGE
A. I). 1795. another, or others, the fee simple of any land or real estate, if the same
^-^'"^''"^^ shall be executed in the presence of, and be subscribed by, two or more
credible witnesses.
The State of Sourii C.\rolina.
Know all men by these presents, that I, A. IJ. of in the State
Form of con- aforesaid, in consideration of to me paid by C. D. of in the
vc.vaiice. State aforesaid, — ^ have granted, bargained, sold and released, and by
these presents do grant, bargain, sell and release, unto the said C. D. all
that (here describe the premises,) together with all and singular the rights,
members, hereditaments and appurtenances, to the said premises belong-
ing, or in any wise incident or appertaining ; to have and to hold, all and
singular the premises before mentioned, unto the said C. D. his heirs and
assigns, forever. And 1 do hereby bind myself, my heirs, executors anil
administrators, to warrant and for ever defend all and singular the said
premises unto the said C. D. his heirs and assigns, against myself and my
heirs, and against every person whomsoever, lawfully claiming or to claim
the same, or any part thereof
Witness my hand and seal, this day of in the year of our
Lord and in the year of the Independence of the
United States of America.
Provided, That this Act shall be so construed as not to oblige any per-
son to insert the clause of warranty, or to restrain him from inserting any
other clause or clauses, in conveyances hereafter to be made, as may be
deemed proper and advisable by tlie purchaser and seller ; or to invalidate
the forms heretofore in use within this State.
IL And be it further enactedh-^ the authority aforesaid, That the wife of
.„.. any grantor conveying real estate in the manner above prescribed, may, if
nouncc her she be of lawful age, release, renounce, and bar her^elf of, her dower, in
dower. all the premises so conveyed, by going before any Judge of the Court uf
Common Pleas, or justice of the (juorum, or any Judge of the Court of the
county wherein she may reside, or the land may be, and acknowledge be-
fore him, upon a private and se])arate exammation, that she did freely and
voluntarily, without any compulsion, dread or fear, of any ])erson whomso-
ever, renounce and release her dower to the grantee, and his lieirs and as-
signs, in the premises mentioned in such deed. Provided, tliat a certifi-
cate, under the hand of the woman, and the iiand and seal of the .hulge or
Justice, as aforesaid, shall he eiulorsed upon sucii release, or a separate in-
strument of writing to the same effect, in the form or to the j)ur])ort here-
after following, and be recorded in the office of nicnso conveyances, or
office of the clerk of the county Courts, in the districts or county where
the land lies.
The St.\te of South Caboi.ina,
District.
I, P. G. one of the Judges of (or justice of the quorum, as thr
case may bo,) do hcrel)y certify unto all whom it may concern, that E. I!.
fntTfor''rcnun-tlie wife of the within named A. H. di.l, this day, appear b.Core me, and
ciaiion of ilow- upon being privately and separately examined by me, did declare that she
*■■• docs freely, voluntarily, and without any compulsion, dread or fear, of any
person or persons whomsoever, renounce, release, and for ever relin(|uish
unto the within name<l C. D. his heirs and assigns, all her inti'rest and es-
tate, and also all hi.T right and claim of dower, of, in or to all and singular
the premises within mentioned and released.
Given under my hand and .seal, this day of Anmi
Domini
Signed K. J).
|l. S.J F. G. Judge of
OF SOUTH CAROLINA. 257
III. And he it further enacted by the authority aforesaid, That every A. D. 1795.
ruarrieJ woman, of the age of twenty-one years, who may be entitled to '^-^'"■'"^-^
anv real estate as her inheritance, and may be desirous jf joining her hus-
band in conveying away the fee simple of the same to any other person,
may bar herself of her inheritance in such real estate, by joining with herjenge herinher-
husband in a release to the purport of the one herein before prescribed: itance.
Pro\aded she will go before some one of the judges or justices, in the se-
cond clause of this Act mentioned, at any time after the expiration of sev-
en days after such release has been duly executed as aforesaid, and will
then, upon a private and separate examination by him, declare to him
that she did, at least seven days before such examination, actually join her
husband in executing such release, and did then, and at the time of her ex-
amination still does, freely, voluntarily^ and without any manner of com-
pulsion, dread or fear, of any person or persons whomsoever, renounce,
release, and for ever relinquish, all her estate, interest and inheritance in
the premises mentioned in the release, unto the grantee, and his heirs and
assigns : And also provided, that a certificate, signed by the woman, and
under the hand and seal of the judge or justice, as aforesaid, shall then be
immediately indorsed upon the said release, or a separate instrument of
writing to the same eftect, in the form or to the purport of the certificate
prescribed in the second clause of this Act ; to which certificate an addi-
tion to the following effect shall invariably be made, to wit : that the woman
did declare that the release was positively and bona fide executed at least
seven days before such her examination ; and such renunciation shall not
be considered as being complete or legal, until the same shall be recorded
in the office of mesne conveyances, or office of the clerk of the county
courts, in the districts oi county where the land lies.
In the Senate House, the twelfth day of December, in the _\ear of our Lord one thou-
sand seven hundred and ninety-five, and hi the twentieth year of the Independence
of the United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
AN ACT CONCERNING TlIK OFFICE OF ShERIFF. No. 1610.
1. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assambly, and by the authority of
the same. That the persons who shall hereafter be elected to the office of
sheriff of a district, or to be appointed thereto by the Governor, during ^'''^"!'^ '" S'*«
the recess of the Legislature, shall, within three weeks immediately sue- ^"^ ^'
ceeding such election or appointment, enter into a bond, drawn payable to
the treasurers of the State for the time being, and their successors, in the
sums hereinafter mentioned, conditioned for the due and faithful discharge
of the duties of tlie said office, as required or to be required by law ; which
bonds shall be executed by the said sheriffs respectively, and any nuinber
of securities, not exceeding twenty, nor less than five ; which securities,
before they are accepted or received by the treasurers, shall be approved
of in writing by the commissioners, in manner hereinafter directed, who
are hereby severally authorized and required to consider and determine,
in their several districts, respecting the competency of the several persons
to be offered by the sheriffs,- for the purposes aforesaid. And no person,
VOL. v.— 33.
25S STATUTES AT LARGE
A.D. I79i. to be eleclfil or appointetl to the oflice of sherifl", sIkiU l)e ])L'riiultei.l liy
^"^'"^''"^"^ the jutlgos to filter upon tlie execution of liis office until lie liiilli ■ecoriled
in the office of tlie clerk of the court of ihe district for which he is or luiiy
be elwted or appointed, a certificate from ilie commissioners ap|>ointed
by virtue of this Act, (which certiticates they are hereby reipiired to jiive)
that such sheriff hath duly executed and lodged in the treasury such bond
with such security as is required by this Act. And if any person so to be
elected or appointed as afoiesaid to the said oflice shall fail to jirovide and
perfect the security, within the lime retjuirccl by this Act, the office of such
sheriff shall be, and the same is hereby declared to be, vacated.
II. And he it farther iniactid by the authonty aforesaid, That the bonds
Aivount of the of the sheriffs of the scveial districts shall be !;iven in the sums following,
eivcuiu thedV-^'^'" '* *" ^^y '■ the bonds to be given l>y the sheriff' «if Ninety-Six, the
fercni disiricu. sheritt'of I'inckney, and the sheriff of W'asliiii'Tton, the sheriff of Urange-
burajh, and the sheriff I'f Cheraw districts, shall be severally in the sum of
fifteen huiidreil |)ounds steilinij money ; the bonds to l>e given by the
sheriff" of Camden, the slicriff'of Beaufort dlstiitt, and the sheriff' of CJeorge-
town district, shall be severally in the sum of Hnc thousand pounds sterling
money; and the bond to be j>iven by the sheriff' of Charleston district
shall be in the sum often thousand pounds sterling money. And the per-
sons who shall be approved of and join as securities in the bonds prescribed
by this .-Vet shall, .severally, bo helil and deemed liable, each one for his
equal part of the whole sum in which the bond is given, (the said sum to be
divided into ius many equal parts as there sl;all be securities in the bond ;)
and no more than such equal part shall be in any court recoverable f>f or
from anj" one of the said securities, his heirs, executors or administrators ;
but nothing in this Act contained shall operate to ]ircvent the securities
from having and obtaining amongst one another jusl and eipiitable aid and
contribution, as in other cases of securityship where there are several
securities.
III. Atid he it I'lirthrr eiuictvd by the authority aforesaid. That the
BonilH may be bonds to be given by the sheriff's, according to this Act, and to be dei>ositeil
sued or. -^^ jj^^ treasury, may at all limes be sued for by the public, or any private
person who shall or may think themselves aggrieved by any niisconduci
of any sheriff'; for whit h purpose the treasurers for the time being, and
each of liiem, upon ajiplu ation at the treasury office, shall deliver to any
person applying therefor, ami paying the fees for lioing the same, an exact
and certified copy of any .sherirt''s ImukI there d<q)Osited; which copy, .so
certified, shall be good ami sufflrieiit evidence ill all the courts of tins
State, in nnv suits .so to be instituted. I'rovided iie\eitlu less, it .-hall not
be lawful for any person who shall conceive liiiii.self aggrieved by any
sheriff' to coininence any action ai;aiiist the security hereby re(|uireil to Iw
given, until a return of ««//« himn shall have lieen made on some execu-
tion to be issued against the said slieiiff', eitln-r at the suit of the person
aggrieved, or sonu; olhei person. I'lovidi'd further, that if the said sheriff'
should have been first sued afti'i .'i i< turn of niillii himn, the .security or
securities shall not be entitleil to an imparlance.
IV. Aiul he it fitrthrr mncttd by the authority aforesaid. That in evei \
Sheriff not in obligation lobe taken fioni the sheriff' of each of the districts in this State,
nhnre ihi- pro- as before in this \ct iliri'iteil, it shall be made a part of the condition of the
fiiKwithunv ublisalion that the sheriff' is not, at the time of i^iving the bond, iiiidei
n«rinn, ruir lf» , ,. . ■ , . , i i i i- i- t n* ■ i
Icll hit offii-c. any obligation, either in honor or law, to share the proliLs ol the oltice with
any per.ton or persons whomsoever; and that he will not, directly or in-
directly, sell or di.ipo.se of Ins oflice, or the juofits thereof, but will either
resign, and scltle all his accounts, or continue in the actual discharge of
OF SOUTH CAROLINA. 259
tlip Jutics thereof, by himself or his tlepiity or deputies, fur and during A .1). ir9.-<.
the time for which he is elected, if he shall so lonp; live. v.-n'-v-"^./
V. And be it further enacted h-^ \\\Q. authority aforesaid, That Daniel
Desaussure, Thomas Jones, Edward Tiescot, Nathaniel Russell, a"'' ^'e- Nan^^^s^oJ^^'^™"-
pheTi Lee, Esquires, fur the district of Charleston; John A. Cuthbert, approve of se-
James Garvey, John M. Verdier, Peter Porcher, and Thomas Fuller, curities offered
Esquires, for "the dissrict of Beaufort; Col. Wm. R. Thompson, Charles''-'' "''""''"'•
Jones Brown, Capt. Paul Warley, Col. Jacob Rumph, and Walter Robin-
son, Esquires, for the district of Orangeburgh ; Paul IMichau, junior,
Samuel Smith, General Peter Horry, Daniel Tucker, and Edward Thomas,
Esquires, for the district of Georgetown ; William Pegues, William Tho-
mas, Evander Mclver, Allen Chapman, and Alexander Mcintosh, Esqs.
for the district of Cheraw ; John Chesnut, Zachariah Cantey, Isaac Du-
bose, Burrel Boykin, and Duncan McRea, Esquires, for the district of
Camden ; Warren Beaufort, Edward Tellraan, James Jordan, Elijah
Nunn, and William Kennedy, for the district of Pinckney ; General Pick-
ens, General Anderson, Colonel Henry INI. Wood, Colonel Lemuel Alston,
and Colonel Eliab Moore, for the district of Washington ; ArthurSimkins,
John Bowie, James Caldwell, Jonathan Downes, and Patrick McDowall,
Esquires, for the district of Ninety-Six — be respectively appointed com-
missioners to approve of the securities which may be offered by the sher-
ifis hereafter to be elected or appointed ; and the said commissioners, or
any throe of tliem respectively, are hereby vested with full power to judge
and determine on the sufficiency of the securities which may be offered
by the sheriffs respectively, and, the better to enable them to discharge that
duty, to administer an oath to each of the securities who may be offered,
that he is worth, over and above all his debts, the sum for which he offers
himself as security. Provided also, that in case any of the said commis-
sioners shall depart this State, die, resign, or refuse to serve, the Governor
of the State shall fill up the vacancy occasioned thereby, until the next
meeting of the Legislature succeeding such departure, death, resignation,
or refusal to serve.
In tlie Senate House, the twelftli day of December, in the year of our Lord one thousand
seven hundred and ninety-five, and in the twentietli year of tlie Independence of
the L'nited States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
AN ACT TO ENABLE THF UnITED StATES TO PURCHASE A QUANTITY No. 1611.
OF Land in this Statk, not exceeding two thousand ackes, for
Arsenals and Magazines.
WHEREAS, the late Secretary of State of the L^nited States, in his
letter to the late Governor of this State, did request that he would take preamble.
proper measures for obtaining the consent of the Legislature of this State,
that the United States should purchase a quantity of land in this State,
whereon arsenals and magazines might be erected :
I. Be it therefore enacted by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
200 STATUTES AT LARGE
A.I). l.Oj. aiitliority nf I ho same. That the Unitotl States, or sucli person or persons
^■^""^^""^^ as ni:iy lie hy them authutized, shall have a right to purchase, in any part
of this State that may be thought most eligihle, the fee simple of any qiian-
Land lo bo pur- tity of land, not exceeding two thousand acres, for the purpose of erecting
llnited Stales^ arsenals and magazines thereon, agreeably to the Act of Congress entitled
for arsenals and " An Act to provide for the erecting and repairing of arsenals and maga-
magazinos. zines, and for other purposes," passed on the second day of April, in the
year of our Lord one thousand seven bundled and ninety-four.
IL And be it fiirllier enactedhy the authority aforesaid. That iftheper-
If parlies can- ^"^ '''" persons whose land may be chosen for the above mentioned jiur-
noi afirce, land poso, should not be disposed to sell the same, or if the persons appointed
lo be valued, ^q niake the purchase should not be able to agree upon terms with such
owner or owners of the said land, the same shall be valued upon oath by a
majority of persons to be appointed by the Court of Etjuity or Court of
Common Pleas of this State for that pur])osc ; and the land shall be vested
in the United States, upon their paying the amount of such valuation to the
owner or owners of such land.
in. jl///i if // ytf/-///(T ('//ac^cfZ by the autliorily aforesaid. That the said
Jurisdiction re- la»d, when purchased, and every pei-son and oflicer residing or employed
tained bv the thereon, whether in the service of the United States or not, shall be subject
and liable to the government of this State, and the jurisdiction, laws and
authority thereof, in the same manner as if this Act had never been passed ;
and that the United States shall exeicise no more authority or power, with-
in the limits of the said land, than they might have done previous to the
passing of this Act, or than may be necessary for the building, repairing,
or internal government, of the arsenals and magazines thereon to be
erected, and the regulation and management of the same, and of the offi-
cers and persons by them to be employed in or about the same : Provided
always, that the said land shall for ever be exempt from any taxes to be
paid to this State.
In llic Senate Huifse, the iwelftli day of Decenibir, in tbe year of our Lord one thousand
seven hundred and ninely-fne.and in llie tweniieth year of ihc Indcpendance of the
United States of America.
DAVID RA.MSAY, President of the Senate.
ROBERT BARNWELL, Spenkrr of the Hou-ic of Reprenentutirrs.
No. 1012. AN ACT TO PROVIDE FOR TIIK BAKKIII.LING AND PACKINa OF BeKF AND
Pork for f.xpoktatihn, at thk towns of Chatham, Camtien and
Vienna.
1. Be it enacted by the honoriilili- ihe Senate ntiil House of Reprcsenla-
Coinmissioncrs lives, now met and .silting in General Assembly, and by the RUthorily of
for the town of ([jg ^q,^,.^ That it shall and may be lawful to and for John Wilson, Allen
Chatham. Chapman, James Galispie, James Jenkins and Williiini Strother, or any
three of them, and they nre hi-reby refiuireil, to njipoinl, <in the second
Monday in Jaiiuary. one thousand seven liunrlreil and ninety-six, and on
the second Monday in January in every year thereafter, two public packers
of beef and pork, al the town of Chatham, in the county of Chesterfield ;
which said public packers shall have all the powers, discharge all the du-
ties, and be subject to and oiwerveall the regulations, which are prescribed
..ommissioners
> OF SOUTH CAROLINA. ,261
for such packets in and by an Act of the Legislature entitled " An Act to A.D. 1795.
prevent fraud and deceits in selling rice, pitch, tar, rosin, turpentine, beef, "'-^'"v-^w^
pork, shingles, staves and fire-wood, and to regulate the weighing of the
several commodities and mei'chandize in this province," passed the seven-
teenth day of June, in the year of our Lord one thousand seven hundred
and forty-six.
IL And he it further enacted by the authority aforesaid. That it shall
and may be lawful to and for John Kershaw, Zachariah Cantey, John Ad- Commissioners
rr-i, T-, 1 T-v ■ 1 T^ 1 1 ^1 1 1 for Ihe town oi
amson, Ihomas Broom and David isush, or any three ot them, and they Cumden.
are hereby required, to appoint, on the said second Monday in January, in
the year aforesaid, two public packers of beef and pork, at the town of
Camden, in the county of Kershaw; which last mentioned public packers
shall have all the powers, discharge all the duties, and be subject to all
the regulations, which are prescribed in and by this Act for the packers
hereby to be established at the town of Chatham aforesaid.
III. And he it further enacted, by the authority aforesaid, That it shall
and may be lawful to and for, Hickeson Barker, William Goodman, Tho- ^^ ^^^^
mas Lee, Samuel Patterson and William Magan, or any three of them, and for Vienna,
they are hereby required, to appoint, on the said second Monday in Janua-
ry, in the year aforesaid, two public packers of beef and pork, at Vienna,
in the county of Abbeville ; which last mentioned public packers shall
have all the powers, discharge all fhe duties, and be subject to ail the regu-
lations, which are prescribed in and by this Act for the public packers
thereby to be established at the town of Chatham aforesaid.
IV. And be if further enacted by the authority aforesaid, That it shall
and may be lawful to and for any merchant, trader, or other person or per-
sons whomsoever, from time to time, and at all times from and after the
passing of this Act, to ship for exportation, on board any ship or vessel,
any beef or pork for a foreign market, duly packed in pursuance of this
Act, as if the same had been packed in the city of Charleston, by packers
there legally appointed ; any law, usage or custom, to the contrary in any
■wise notwithstanding.
V. And he it further enacted by the authority aforesaid. That if any of
the said persons, hereby empowered to appoint public packers as aforesaid. Vacancies how
shall die, or depart the county for wiiich he or they are respectively ap- to be filled.
pointed, or shall refuse or neglect to act, it shall and may be lawful for the
remainder of those appointed, or to be elected in pursuance of this Act,
to elect one or more persons in their room ; and the person or persons so
elected shall be invested with, and he or they shall and may lawfully use,
exercise and enjoy, the same powers and authorities, in as full and ample
manner, to all intents and purposes whatsoever, as the persons hereby ap-
pointed respectively can, or lawfully may or ought to do.
In llie Senate House, tlie twelfth day of December, in the year of our Lord one tliousand
seven hundred and ninety-five, and in the twentieth year of the Independence of the
United States of America.
DAVID RAMSAY, F resident of ihe Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
No. 1613.
Federiil curroii
cy ndoptetl.
STATUTES AT LARGE
j4i"V ACT TO RKCll.ATR TIIK MANNER OF KEKPING PuDLIC AcCOrNTS
IN THIS State.
I. Be it enacted, l>y tlie honorable tlie .'^uiiatc and House of Representa-
tives, now met in General Assembly, Tliat from and after tlie first clay of
January, one tiiousand seven hundred and ninety-six, all accounts in the
public offices of this State, and all accounts of the lax collectors, shall be
expressed in dollars or units, dismcs or tenths, cents or hundredths, and
mils or thousandths ; a disine beini; the tenth part of a dollai-, a cent the
hundredth jiari of a dollar, and a mil the thousandtli part of a dollar.
II. And he it j'urther enacted by the authority aforesaid. That the ver-
dict of the juries, on all contracts which shall be made after the first day
of May next, shall be expressed conformably to this regulation.
In the Senate Houbc, the tuclfUi cloy of December, in the year of our Lord one thou-
8nnc] seven hundred and niucty-five, and in the twentieth year of tlie Independence
of the United Slums of Aiiicricii.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
No. IGl'l. AN ACT TCI GIVE furtheu encouragemknt to the PnoriiiETORs for
opENiNo THE Navigation of the Catawba and Wateree Rivers.
WHEREAS, the General Assembly of the State of North Carolina, by
an Act passed at Ftiyetteville, in the year of our Lend one thousand seven
hundred and eighty-eight, did incorporate sundry persons therein named,
„ ,, and such others as should be associated with them, by llie title of die Com-
rrcnmlilc. ^ . , ,• , / , i ■ " i v i
pany tor opening the navigation of Ilie I atawba rivers ; and did c;''»'>t to
them the right of causing a navigation to be mnde on the rivers aforesaid,
by means of dams, canals and locks, or in such other manner as to them
should seem most fit and convenient, from the South Carolina line as far
up both branches of the Catawba river as may be found practicable, with
certain otlier privileges therein mentioni^d ; provided, that the State of
South Carolina agrees that no restriction, duty, or impost, shall be laid
on any commodity which is the growth, produce or manufacture of the
State of North Carolina, brought throuijh the said canals or rivers for sale
or exportation, and that the same may be exported without rc-inspeclion :
I. Re if thcrifore cntirleil, by the honorable the Senate and House of
Rcpiesentatives, in General Assc^mbly met, and it is hereby enacted by
the authority of the snnics That no restrictions, duty or impost shall be
laid by any law to \n'. made by this ."^tatc, on any comrnodily which is tho
growth, ]>roduce or manufacture of the State of North Carolina, brought
through the said canals or rivers for sale or exportation ; and that the same
may be exported without any rn-inspeclion to be recjiiired by any law of
this State; unless the Stale of .Vnrtli Carolina shall heiealh-r agree that the
said commodities shall be subjecl lo the same regulations of inspection
as the same commodities of this State arc liable to, coming from the
Catawba river; and provided, that nothing in this Act shall extend to pre-
. Excmntion
from dutioH
granted.
OF SOUTH CAROLINA. 263
vent the Companies of the Wateree and Catawba Navigation, and tlie A. D. 1795.
Company of the Santee Navigation, from imposing such tolls on the afore- ^■^"'^*'"^-'
said commodities from North Caiolina as they impose on the commodities
of the growth, produce or manufacture of this State, going through their
respective navigations.
II. And he it further enacted by the authority aforesaid. That nothing
contained in the said Act of North Carolina shall be construed as a waiver I'roviso.
or relinquishment of the claims of the said State to part of the territory
of this State, but the said claim shall be and remain in the same plight
as if the said Act had not been passed.
lu llie Senate House, tlie twelftii day of Dccetiibcr, in tlie year of our Lord one thousand
seven hundred and ninety-five, and in the twentieth year of the Indcpcudence of
the United States of America.
DAVID RAMSAY, Prcndeid of the Senate.
ROBERT BARNWELL, Sj>eaker of the House ofRepresentatices.
AN ACT TO AUTHOKIZK A LoTTKHY, THE PROFITS WHEREOF SHALL BE J^q. 1615.
appkopkiated to the pkomotion of useful manufactures in this
State.
WHEREAS, William M'Chire hath petitioned the Legislature to assist
him in establishing a cotton manufactory in this State, and it would be Preamble,
very advantageous to this State to have useful manufactories established
in the same :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That a lottery shall be established and drawn, and V""®''-^ '° ''^
finally concluded and completed, the profits whereof, after deducting the
necessary expenses attending the same, shall be Bjijjlied towards the pro-
motion of useful manufactures in this State ; that a profit shall be raised
by the said lottery not exceeding the sum of eight hundred pounds ; that
Thomas Lehre, William Turpin, Col. Thomas Taylor, John &. Guignard,
Benjamin Waring, John Simpson, and John Hunter, shall be, and they
hereby are appointed, commissioners to conduct and manage the same ;
and the said commissioners, or any three of them, shall adopt such scheme
or schemes for the purpose aforesaid as they may judge most proper, and
shall appoint such time and place for drawing the same as they may think
most advisable.
II. A/id be it further enacted by the authonty aforesaid. That the said
commissioners shall pay unto the said William M'Clure four hundred VVm. M'Clure
pounds, out of the profits of the said lottery, two hundred to be paid as 'SJ^'^"""
soon as they shall i-eceive a sufficient amount to enable them to pay the
same with propriety, and the remainder to be paid when the said lottery
shall be drawn and completely concluded. Provided, that the said com-
missioners shall, in trust for the'State, previously take from the said Wil-
liam M'Clure an obligation or obligations, under the penalty of twice the
amount paid to him, with such security as they shall deem sufficient, with
a condition that he shall, within a certain time, by them to be ascertained,
erect and complete a manufacture of cotton into what is commonly called
261 STATUTES AT LARGE
A. U. 1795. and known by the name of Manchester wares ; in wliicli manufacture the
"^-^""^'"^^ said William M'Clure shall constantly employ and instruct at least as many
as seven while persons, for the term of seven years.
III. And be it further enacted by the autliority aforesaid, That the said
Bnlance how commissioners shall hold the rest of the profits of the said lottery, and shall
to be applied, apply them towards the promotion of such useful manufactory or manufac-
tories as they may tliink deserving of their donation or support, taking care
to require and take from evei-y person to whom they may pay any part of
the said profits such a bond or bonds as they are herein directed to take
from the said William M'Clure. Provided, that no appropriation of the
money remaining at the disposal of the commissioners shall be made with-
out the concurrence of five or more of the commissioners appointed by this
Act.
Ill tlic Senate Iluui^e, the twelfth day o( Uceeiubcr, in the year of our Lord one thousand
seven hundred and ninelv-five, and in the twentieth year of the Independence of
the United States of .America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, -V"^-"- "ftl'e House of Representatires.
No. 1016. AN ACT to authorize the Commissioners therein appointed to clear
out and remove the obstructions in the River Savannah, between
Vienna and Campbcllton, and the Town of Augusta ; and to draw
a Lottery or Lotteries for that purpose.
(Passed December 12, 1795. See last volume.)
No. 1017. AN ACT for opening a public road from Granby to Hampton's Bridge,
at Augusta, and for establishing four Toll Bridges ; and for other
purposes therein mentioned.
(Passed December 12, 1795. Sec last volume.)
No. 1618. AN ACT to cm]>owcr Commissioners therein named to cut, sink and
keep in repair Drains and Water Passages in Cacaw Swamp, in St.
Paul's Parish.
(Passed December 12, 1795. See last volume.)
OF SOUTH CAROLINA.
AN ACT to vest the City Council of Charleston with certain powers No. 1619.
therein mentioned.
(Passed December 19, 1795. See last volume.)
AN ACT to complete East Bay-street, in Charleston, and for other No. 1620.
purposes therein mentioned.
(Passed December 19, 1795. See last volume.)
AJV ACT TO REVIVE AND COXTIXUE IN FOUCE THE FeE BiLL, PASSED No. 1621.
ON THE FOURTEENTH DAY OF FEBRUARY, IN THE YEAR OF OUR LoRD
ONE THOUSAND SEVEN HUNDRED AND NINETY-ONE, AND FOR OTHER PUR-
POSES THEREIN MENTIONED.
I. Be it enacted by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authori- Act of 1791 re-
ly of the same, That the Act entitled "An Act for the establishing the enacted.
annual salaries of the public officers of governinent, and for ascertaining
and regulating the fees to be taken by those who by law may be entitled
to them throughout the State," shall be, and the same is hereby declared
to be, revived and in full force ; and that the same shall conlinue in full
force until altered by law, except such parts thereof as have already been
altered by law.
II. And he it further enacted by the authority aforesaid. That the attoinies
of the district courts throughout the State, shall render a faithful and true Attomies and
account, and pay to the clerks all fees by them received on their account, clerks,
at least once in every six months ; and that the said attornies, when called
upon, shall, once in six months, shew their dockets, or some other full and
true account of all suits that shall be ended, abated, compromised, settled
or determined before judgment, or be out of court ; and in all such suits
or cases, the clerks shall immediately have a right to issue executions for
their fees in such cases, in manner above mentioned ; and the attornies
.shall, on application of the clerks, furnish them with the names and places
of abode of the real plaintiff, or their agents, where the plaintiffs are out of
this State.
III. And he it further enacted by the authoiity aforesaid. That the fees
for recording plats shall be ascertained and fixed by the courts, or one of Clerks of
the judges, at the time of the trial, or before the costs shall be taxed ; that Charleston dis-
the clerks of Charleston district shall be entitled to receive the sum of one
shilling for recording each and every judgment mentioned and contained in
each and every of the circuit dockets, to be collected, remitted and sent to
him with the said dockets, by the clerks of the district courts; that all fees
that may accrue, for any business done after issuing of the first execution,
VOL. v.— 34.
266 STATUTES AT LARGE
A. I). 179:.. shall be paiJ for in cash at the time such business is done ; and that the
^-^'^'"^^ clerks shall be entitled to receive one shilling; for each and every execution
issued by them, for their fees due to the clerk's othce,
In ihe Senate House, ibis nineteciuh day of December, in tbe year of our Lord oue ihou-
sand seven bundredand ninety-five, and in the twentielb year of the Independence
of tbe United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL. Speaker of the House of Representatives.
No. 1622. AN ADDITIONAL ACT to the Act entitled " An Act to organize
the Militia throughout the State of South Carolina in conformity
with the Act of Congress ;" and for other purposes therein mentioned
(Passed December 19, 1795. See last volume.)
No. 1623. AN ACT to alter the time for the sitting of the Courts of Clarendon,
Clairraont, Chester, Spartan, York and Abbeville.
(Passed December 19, 1795. See last volume.)
No. 1624. AN ACT to alter and amend on Act entitled "An Act to enable
Commissioners therein appointed to clear out and remove the ob-
structions in that Branch of Ashepoo River which is called the
Horse Shoe Creek, and to cut or sink and keep in repair a Drain
or Canal from the head of the said Creek up the Swamp called
the Round O Swamp, to the junction of the two Branches of the said
Swamp, at the Plantation known by the name of Gilcickers : for
opening Louder's Lake, and for other purposes therein mentioned,"
passed on the twentieth ihiy of December, in the year of our Lord
one thousand seven hundred and ninety-four.
(Passed December 10, 1795. See last volume. )
No. 1625. AN .\CT to incorporate the Agricultural Society of South Carolina.
(Passed December 19, 1795. See last volume.)
OF SOUTH CAROLINA.
AN ACT for laying out certain Roads and establishing certain Ferries; No. 1626.
and for other purposes therein mentioned.
(Passed December 19, 1795. See last volume.)
AN ACT RESPECTING THE ToBACCO WaRKHOUSES AT FaLMOUTH, AT No. 1627.
Adams's Ferry, at Spring Hill, and at Chatham, i.v Chester-
field County.
WHEREAS, a number of the inhabitants of the District of Ninety-
Six have, by petition, represented to the Legislature that the inspections preamble,
established at the tobacco inspections at Falmouth, Adams's Ferry, and
Spring Hill, are under such lejulations as are found inconvenient to
the citizens of that district, and have prayed that ir future the inspectors
at those vvareliouses shall 'lold their appointments for only two years ;
I. Be it t'irrefurc enacted, by the honorable the Senate and House of
Representatives, now met and sitting in Geueral Assembly, and by the
authority of tl;e same. That Joseph Hightower, John Gray, Samuel Walk- ^n^fjf^^^™ 3"
er, Tho'nas Rey, and Robert Ware, shall be, and they are hereby app(;int- appointed,
ed, commissioneis of the said three inspections, in the room of the present
commissioners, and shall have all the powers and authority that are vested
in the present commissioners ; and that whenever any vacancy shall hap-
pen in the number of the said commissioners, either by the death or resig-
nation of any one or more of them, or by removing out of the district, or
otherwise, the Legislature shall appoint some disinterested person or per-
sons to supply such vacancies.
IL And he it further enacted by the authority aforesaid, That no in-
spector for either of the said warehouses, hereafter to be appointed, shall
hold his oilice longer than two years, unless he be re-elected by the com-
missioners.
111. And he it further enacted by the autliority aforesaid. That William
Strother, William Ellerbe, Allen Chapnaan, James Gallespie, and John . ^ cij^tham
Willson, bo, and they are hereby appointed, commissioners of the tobacco
inspection at the town cf Chatham, in Chesterfield county, and shall have
all the power and authority that are vested in commissioners at the other
tobacco inspections in this State.
In tlie Senrte House, the nineteentli day of December, in the j'ear of our Lord one
thousand seven hundred and nineiy-five, and in the twentieth year of the Indepen-
dence of tlie United States of Arae.'ica.
DAVID RAMSAY, President (f the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
AN ACT to incorporate Williamsburgh Academy, and to empower No. 1628.
the Trustees of the same to establish a Lottery or Lotteries.
(Passed December 19, 1795. See last volume.)
STATTTTES AT LARGE
No. 1629. AN ACT to vest certain Lands, in the District of Beaufort, in Trustees,
for the purpose of buihling antl endowing a College in the Town of
Beaufort, and to incorporate the same ; and for other jiurposes therein
mentioned.
(Passed December 19, 1795. See last rolumc.)
No. 1630. vLY .ICT" for m.^king fukther provision for thk Debt of tue
Sr.\TE OF South Cauoi.in.\.
WHEREAS, the sum subscribed on the ihirtieth day of September
last, agreeably to the terms of an Act entitled " An Act for making such
Preamble, provision for the debt of the State of South Carolina, as is specified there-
in," does not exhaust the interest due to the State on the debt funded to
its credit by the United States ;
1. Be it enacted, by the honorable the Senate and House of Repre-
isentalives, now met and sitting in General Assembly, and by the
extended?" '"^ anthority of the same. That the commissioner of loans be, and he is here-
by, authorized and required to receive and fund all such indents as were
fundable under and by virtue of an Act passed on the twentieth day of
December, in the yearof our Lord one thousand seven hundred and ninety-
four, entitled " An Act for making such provision for the debt of tlie State
of South Carolina as is specified therein," and wliich indents the holders
thereof have neglected to fund under the said Act ; an<l the claims of .las.
M'Call, as specified in the commissioners' report : Provided, the said in-
dents shall be subscribed on or before the last day of March next, on the
same terms and subject to the same restrictions and provisoes as the said
Act contains.
IL And he it further enacted, by the authority aforesaid. That the
PartofGillon'B commissioner of loans for the time being be, and he is hereby, authorized
indents to be and required to receive on loan, the said loan to continue open till the last
" " day of March next, on the terms hereinafter declared, all indents issued
to the late Commodore Alexander (iillmi, on the portage bill book, wliicli
have been paiil to the persons cnlitled, from the said poitage bill book, to
receive the same, and generally all imlents which were issued to the said
Alexander Gillon, and are now in the possession of other persons. Pro-
vided, the persons now holding any indents issued on the portage bill lx>ok
shall satisfactorily prove to the said commissioner of loans, on or before
the last day of March next, that they were inina fide purchasers of iho
same previous to the twenty-fifth day of January, in the year of our Lord
one thousand seven hunilred and ninety-two, and moreover, that at the
time of such purchase they had no notice of the n-sohition of the House of
Representatives of the uineleenth day of December, in the year of our
Lord one thousand seven hundred and ninety-one, ex|)re8sive of iJicir opin-
ion of Commodore (iillon's conduct.
HI. And he it further enacted, Tliat on receiving tlie said indents tlie
Tprmi of funil-Cf''nmissioiier nhall calculate the interest accniing on them respectively to
>og. the first ilay of .lanuary, in the year of our Lord one thousand seven bun-
dled and nincly-six, the aggregate sum whereof shall be paid in three certifi-
OF SOUTH CAROLINA. 269
cates, one purporting that the State of South Carolina owes to the person A. D. 1795.
or persons subscribing to said loan a sum, to be expressed in said certifi- "^•^'■v^^"^
cate> equal to three ninths of the aggregate sum subscribed, bearing an
interest of three per cent, from the said first day of January, in the year
of our Lord one thousand seven hundred and ninety-six, payable quarter
yearly ; one other certificate, for a sum to be expressed therein, equal to
four ninths of said aggregate sum, bearing an interest of six per cent, from
the said first day of January, in the year of our Lord one thousand seven
hundred and ninety-six, payable quarter yearly ; and a third certificate, for
a sum to be expressed therein, equal to two ninths of said aggregate sum,
which certificate, from and after the year of our Lord one thousand eight
hundred and six, shall bear an interest of six per cent, per annum, pay-
able quarter yearly.
IV. And be it further enacted by the authority aforesaid. That if the
total amount of interest arising upon the sums loaned under the authority Surplus to be
of this Act shall exceed the balance of interest remaining to this State on''°"s'""P»
the debt due from the United States, that then the commissioner of loans
shall deduct in average and projiortion from the aggregate amount of each
loan such a sum as will reduce the interest on the remaining sums to the
amount of the interest due this State from the United States. And the
commissioners of kans shall give to the subscribers aforesaid, respectively,
certificates of the balances due to them, specifying the amount of the sev-
eral descriptions of stock to which they are entitled ; and the commission-
er of the treasury in Charleston is hereby authorized and required to pur-
chase, with any unappropriated monies that may be in the treasury, and to
transfer to the holders of such certificates respectively, equal sums of the
funded debt of this State, having regard to the several descriptions thereof,
as specified in the said certificates, and paying such interest as may have
accrued on such surplus certificate.
V. Atid be it further enacted by the authoiity aforesaid. That the trea-
surer in Charleston be, and he is hereby, authorized and directed to receive ?'\'' j'^ f *;"'■
from the commissioner of loans of the United States, all the monies thattebouglu up.
may be paid to this State by the United States, in extinguishment of the
balance due to this State from the United States, and to apply the same to
the extinguishment of the present six per cent, funded debt of this State,
either by payment of two per cent, on the said stock, or by purchase of
the same. Provided, that the treasurer shall not make any payment or
purchase but by and with the advice and consent of the Governor of this
State for the time being.
VI. And be it further enacted by the authority aforesaid, That John
Lewis Gervais, Esq. be, and he is hereby, continued commissioner of pub- "'• '". CiervniB
lie accounts and of loans, to the end of the next meeting and sitting of the office.
General Assembly, with all the powers heretofore annexed to these offices
respectively : Provided, that in addition to the duties heretofore imposed
on him by former laws, he also perform the duties of this Act.
la the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand seven hundred and ninety-five, and in the twentieth year of the Independence
of the said States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the Hmise of Representatives.
STATUTES AT LARGE
No. 1631. AN ACT to provide Fon the mai.xtenance of Illkgiti.m.\te Chil-
DKEN, A.VD FOK OTIIEK PLRPOSES THEREIN MENTIONED.
I. Be it enacted, by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by au-
thority of the same. That from and after the passinir of this Act, if any
while woman be delivered of a bastard ciiild or children, and shall, at anv
time after the birth thereof, voluntarily give information to some magistrate
The reputed fa- of the county or parish in which she resides, or shall be brought before
iJlli'.'-i iV '*'; su'"l' maL'istrate on the information on oath of anv other ner.>ion, that such
nraoinia Douiu] , •. , i i i mi i i i i ' • i i •,•
to maintain it. cinid or chikireu will become a burthen upon such county or parish, and will
declare on oath who is the father of her child or children, tiien, and in that
case, tlie magistrate before whom such accusation shall be made shall issue
a warrant to apprehend and bring bef jie him, or some other magistrate, the
person so accused, who shall be obliged to enter into a recognizance, with
two good and sut'icient securities, in the penal sum of sixty fmunds, con-
ditioned for the annual payment of five pounds for the maintmance of the
child ; or should the woman have more thai; one at a birth, then, and in
that case, ten pounds for the maintenauce of the said children, until the
age of twelve years, and to save. harmless the parish or county ; and should
the person so accused nvfuse to enter irto such recognizance, he shall be
committed to prison, there to remain until he shall enter into the stipulation
herein before rocjuircd ; but sliDuhl he be unable to cjinply with the ie(jui-
sitions herein before mentioned, or should he deny that he is the father of
the said child or children, then, and in that case, a jury shall be charged,
either in the court of sessions or common pleas, r.r in the couit of the
county where the woman resides, to try the (luestion whether the person
so accused is or is not the father of such child or children ; aiul should the
jury be of opinion that he is not the father of such child or children, then
and in that case he shall lie discharged ; but should the jury be of o[)inion
the charge is woU founded, and that he is the father rif such child or chil-
dren, then, should he not givo the security herein liefore rcijuired, the ciurt
shall bind him out to service for any time not exceeding four years, and the
proceeds of his labor shall be a]:plied by the court to the purposes afore-
said.
II. And he it further eniiclrd by the autlnrity af iresaid, That when any
Mothcrofabas-^^'"^''" ^^'"^ ^^ charged with having had a bastard cliitd or cliililreii, shall
lurd. be brought before a magistrate, and she shall refuse to declare on oath who
is the father thereof, the magistrate aforesaid shall commit her to ga'>l until
she shall declare the same, or shall give .security that the said bastard child
shall not bcomo chargeable to the r,)unly cr parish wherein she resides.
III. And. he it fiirtliir cniiiled, by the auth^irity afresaid. That whcn-
Where pnronis f'ver it sliall .so happen that noitlier tlie father nor mother of a bastard child
arc iinabii' to shall 1)0 able to suiijiort and maintain the same, the commissioners of the
r'liil"l"'i'l"' "com- P"'^'' s''"" take care to assess and levy upon the inhabitants of ihc county
inisaionLnH of or parish, such reasonable rates and sums, on the principles of the irenernl
'*?? 1''""'."' P"'" tax, as mav bo suflicient to maintain, sniiiiort and educate such child or
vido for It. , .', ■' , , , , 1 • 1 .. ,, 1 •
children; and they are hereliy vested with lull jiowers to carry Inis provi-
sion into effect; and they shall lay bi^fore the sujierior or county courts, in
their respective districts, once in every year, a statement of their proceed-
ings and accounts in the execution of this Act ; and the said commission-
ers of the poor are hereby vested with full powers to superintend the ap-
plication (jf the monies paid, or secured to be paid, agreeably to this Act,
OF SOUTH CAROLINA. 271
and to put out and bind as apprentices, at the proper age, the said has- ^- 1'- "'*''■
tards, to suitable trades or occupations. v-^'-v-^.-^
IV. And he it fiirtJirr cnacti'dhy the authority aforesaid, That if any
person who is an inhabitant of this State, or who hath any estate therein, ance3'"of'"pro-
shall have already begotten, or shall hereafter beget, any bastard child, orpeity declared
shall live in adultery with a woman, the said person having a wife or law-^
ful children of his own living, and shall give, or settle, or convey, either in
trust or by direct conveyance, by deed of gift, legacy, devise, or by any
other ways or means whatsoever, for the use and benefit of the said woman
with whom he lives in adultery, or of his bastard child or children, any
larger or gi-eater porportion of the real clear value of his estate, real or
personal, after payment of his debts, than one-fourth part thereof, such deed
of gift, conveyance, legacy or devise, made, or hereafter to be made, shall
be, and is hereby declared to be, null and void, for so much of the amount
or value thereof as shall or may exceed such fourth part of his real and
personal estate.
V. And be it further enacted by the authority aforesaid. That the Act
entitled " An Act against bastardy," and also an Act entitled "An Act^i^usg,
to prevent the destroying and murtheringof bastard children," be, and the
same are hereby, repealed.
In the Senate House, the nineteenth day of December, in the year of our Lord one
tliousand seven hundred and ninety-five, and in the twentieth year of the Indepen-
dence of the United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
AN ACT to incorporate the Academy of Columbia ; and for other pur- No. 1632.
poses therein mentioned.
("Passed December 19, 1795. See last volume.)
AN ACT TO AUTHORISE THE COMMISSIONERS THEREIN APPOINTED TO No. 1633.
ERECT A Magazine axd Laboratory at Georgetown and Beaufort;
AND for other PURPOSES THEREIN MENTIONED.
WHEREAS, it is necessary for the defence of Georgetown and Beau- preamble,
fort, that a magazine and laboratory should be erected within the same
respectively :
I. Be it therefore enacted, by the honorable the Senate and House of Rep-
resentatives, and by the authority of the same. That General Horry, Charles Commissioners
Brown and David Pryor, be, and they ai-e hereby aniiointed, commissioners, appomted for
1 _ ,, ,11 11 • ^ '/- 1 • A 1 ' Ueorgetown.
and are fully authorized and empowered, by virtue of this Act, to purchase a
lot or piece of land, to erect and build thereon, in the town of Georgetown
or its vicinity, a magazine capable of containing a hundred thousand
weight of gunpowder, and a thousand stand of arms, and to enclose the
272 STATUTES AT LARGE
A. 0. 1795. same with a substantial brick wall. And that t!)e said commissioners shall,
^-^^'""^^^ ;is soon as may be after tlie passing of the said Act, contract aiid agree
with some proper person or persons for erecting and building the said
magazine, and for annexing thereto a small laboratory, and shed sufficient
to shelter two field pieces and several pieces of cannon ; and also, that as
soon as the same shall be completed, the said magazine, laboratory and
shed, together with the lot or piece of land on which the same shall be
erected, shall be vested in this State for ever.
II. And be it furtker enacted by the authority aforesaid. That General
ComraUsioncrs Barnwell, Thomas Grayson and Ralph Elliott, I e, and they are hereby
named, with appointed, commissioners, and by virtue of tliis Act are fully authorized
power to erect ^ K , , , ■' i- i i i i i •! i
a magazine and ''•"'1 empowered to purchase a lot or piece 01 land, and to erect and bund
Inboratory in thereon, at tile old court-house, in the town of Beaufort, a magazine capa-
eau ort. j^jg of containing a hundred thousand weight of gunpowder and a thousand
stand of arms, and to enclose the same with a substantial brick wall ; and
that the said conmiissioners shall, as soon as may be after the passing of this
act, contract and agree with some j)ropcr person or persons for erecting
and building the said magazine, and for annexing thereto a small laboratory,
and a shed capable to shelter two field pieces and several pieces of can-
non; and that as soon as the same shall be completed, the said magazine,
laboratory and shed, together with the said lot of land, shall be vested in
this State for ever, as aforesaid.
III. And he it furtker enacted t'y the authority aforesaid. That powder re-
Powder recciv-ccivers for the said magazines at Georgetown and Beaufort shall be elec-
crs to be elected ted by the legislature of this State ; whose duty it shall be, as soon as the
lure. ^ ^^'^ "'s^''^ magazines are erected, to cause the powder in the different houses and
stores in the said towns of tieorgelown and Beaufort, where the same in
quantity shall exceed fifty-six w eight, to be removed to the said magazines,
there to be dejjosited; and that no person or persons shall, under the pen-
alty of fifty dolhirs, keep or retain, in his house or store, any quantity of
powder exceeding that above mentioned ; which said penalty shall be re-
covered by action at law, before any court of record in this State, and
shall be applied towards keeping the said magazines in repair ; and all
suits commenced for the same shall be in the name of the powder receiver
for the time being.
IV. Be it further enacted by tlie authority aforesaid. That the said
Fees of powder powder receivers shall receive thirty-five cents jier hundred weight, on
receivers. each hundred weight of powder received, and the same on each hundred
weight of powder delivered out of the said magazines, and the same in
proportion on each quantity of ])owder received or delivered, that may be
either more or less than a hundred weight; and also twenty-five cents jier
hundred weight on each hundred weight which shall be continued in llir
same for any time longer than one month ; and that the said powder re-
ceivers shall also, in consideration of their said services, be exempt from all
miliria duty.
In the .Senate IIiiukc, the nincteenlh day of December, in the year of our Lord one ihoii-
sanrUeven hundred and ninety-five, ami in the twentieth yinrof ih.- liiclr|irnilinip nl'
tlie United Stales of America.
DAVID RAMSAY. Presi.Lnt of the Senate.
ROBERT BARNWELL, Speaker of the House of Rri^rrsenlalirr.
OF SOUTH CAROLINA.
AN ACT FOR RAISING SuPl'LlK.S FOlt THE YEAR ONE THOUSAND SEVEN No. 1634.
HUNDRED AND NINETY-FiVE.
Preamble.
WHEREAS, we, the representatives of the free and indepenflent State
of South Carolina, in General A.ssembly met, have thought it e.xpedient
and necessary that a tax, for the sums and in the manner herein mentioned,
should be assessed, raised, and paid into the public treasui-y of this State,
for the use and service thereof :
I. Be it therefore enacted, by the honorable the Senate and
House of Representatives, now met and sitting in General Assembly,
and by the authority of the same. That the half of one dollai per
centum ad valorem on every hundred dollars, to be paid in specie or
paper medium, shall be, and is hereby, imposed on all lands granted within Ratf of taxation
this State, and in the manner and under the several regtilations heieinafter
set forth and expressed, that is to say: No. 1. All tide swamp, not
generally affected by the salts or freshes, of the first quality, shall be
rated at twenty-six dollars per acre ; of the second quality, at seventeen
dollars per acre; of the third quality, at eight dollars and one half dollar
per acre ; all pine barren land adjoining such swamps, or contiguous
thereto with respect to the benefit of water carriage, at two dollars per
acre ; all pnme inland swamp, cultivated and uncultivated, at an av-
erage of thirteen dollars per acre ; second cjuality, at eight dollars and
one half of a dollar per acre; third quality, ditto, at four dollars per acre ;
pine baiTen land, adjoining or contiguous thereto, at one dollar per acre ;
salt marsh or inland swamp, clearly proved to the assessors to be incapa-
ble of immediate cultivation, at one dollar per acre. No. 2. High river
swamps or low grounds, cultivated and uncultivated, including such as are
commonly called second low grounds, lying above the flowing of the tides,
and as high up the country as Snow Hill, on Savannah river, the fork of
Broad and Saluda rivers on the Congaree, Graves's Ford on the Wateree,
and the boundary line on Pedee ; the first quality at thirteen dollars
per acre; the second quality at eight dollars and one half of a dollar per
acre ; the third quality at four dollars per acre ; except such as lie so low
as to be clearly proved to the assessors to be incapable of immediate cul-
tivation, which shall be assessed at one dollar per acre. No. 3. All high
river swamp, or low grounds, lying above Snow Hill, the fork of Broad
and Saluda rivers, Graves's Ford, and the old Indian boundary line, three
dollars per acre. No. 4. All high lands without the limits of St. Philip's
and St. Michael's parishes, on John's i.sland, James island, and on the main,
within twenty miles of Charleston, at four dollars per acre. No. 5. All
lands on the Sea islands, Slanu's island included, or lying on or contiguous
to the seashore, usually cultivated, or capable of cultivation, in corn or
indigo, and not within the limits prescribed in class No. 4, four dollars
per acre. No. 6. All oak and hickory high lands lying below Snow Hill,
the fork of Broad and Saluda rivers, Graves's Ford, or the new boundary
line on Pedee, and not included in the limits or description of the two
preceding classes, numbers four and five, at three dollars per acre. No. 7.
All pine barren lands not included in numbers one, four, and five, to be
assessed at twenty cents per acre. No. 8. All oak and hickory high lands
lying above Snow Hill, the fork of Broad and Saluda rivers, and Graves's
Ford, the first quality, at one dollar and the half of a dollar per acre ; the
second quality, at one dollar per acre ; the third qualitv, at forty cents per
VOL. v.— 35.
271 STATUTES AT LARGE
A. 11.17'jj. acre. No. 'J. All oak and hickory liigli lands above the old Indian boundary
■^-^'^^"^'^ line, the tirst quality, at one dollar and twenty cents per acre ; the second
quality, at twenty cents per acre ; the third quality, at sixty cents per acre.
That all land within the jiarishen of St. Philip and St. Michael shall be as-
sessed in the same manner and upon the same principles as houses and lots
Kate of taxin" '" Charleston, and in a relative pro])oMi(in lo lands in the country. That
slaree, Sec. the sum of seventy-five cents per head shall be levied on all slaves ; two
dollars per head, on all free negroes, mulattoes, and mestizoes, between
the ages of sixteen and fifty years; and tlie half of a dollar per centum ad
valorem on all lands, lots and buildings within any city, village, or borough ;
and on every hundred dollars stock in trade, factorage, employments,
faculties and professions, (clergymen, mechanics, schoolmasters and school-
mistresses excepted) — lo be ascertained and rated by the assessors and
collectors throughout the State, according to the best of their knowledge
and information ; to be paid in specie or paper medium of this State.
II. Anillie it further enacted by the authority aforesaid. That all negroes
Slaves employ, and Other slaves who are employed on any lands leased by any person or
lands. " "'" persons of the Catawba Indians, shall be, and they are hereby made, lia-
ble to the ])ayment of this tax.
III. .^nd whereas, doubts have arisen and are still subsisting concerning
the construction of forirer tax Acts, inasmuch a.s the tax collectors have as-
Religious Soci- sessed the property of diveis religious societies, and also of the incorporated
«tics exempted South Carolina Society and others; Beit l/ierejore ennc/edhy ihe authority
aforesaid, that nothing in this Act, or in any former Act contained, shall
be construeil to impose a tax on any property of any religious society, or
of the .South Carolina or Followshij) Society.
IV. And whereas, it is the duty ofevei^ person claiming of or receiv-
ing from this government the protection either of his person or property, to
contribute not only his quota of money, but also those personal services
which every citizen is bound to contribute for the support of that govern-
ment, or lo pay an additional tax in lieu of such services ; And whereas,
there arc numliers of persons holding large estates in this country, who
reside without the limits of the United States, and annually ilraw from this
Slate great resources, which are ex]iended in foreign countries without any
advantage to this government, to which they are indebted for the protection
bic'uixed' ''""'of their property , Be it therefore enacted by the authority aforesaid, that
every person holding, or being entitled to, any taxable jiroperty in this
State, who resides without the limits of the United Slates, shall, for the
use of this State, pay a double tax on their estate and property ; which
tax and assessment the tax collectors throughout this Stale are hereby re-
quired to exact and recover from every such person : Provided, never-
theless, thp.t nothing herein contained shall be construed lo extend to the
property of any person sent, or hereafter to be sent, abroad in the employ-
ment of this State or of the ITnited States, unlil one year after the expira-
tion or deti'rmination of his commission, or to the properly of any young
man sent abroad for his education, until he attain the age of Iwenly-lhrec
years, or lo the properly of any per^cn now absent from the United States,
unless such person has been absent for inie year.
V. And he it fiirthrr enacted by the aulhorily aforesaid. That the en-
Componsaiioii quirers, as»esson< and collectors, appoinlml by law, shall, for their services
ofenquirrr-, j^ ,j|j, (iischarije of iheir diilii's, receive, on closing their accounts with the
commissioners ol the tie.isuiy, live per centum, exc(>]it the parishes of
St. Phili|) and Si. Michael, who are to receive Mh per ci-nlum, on lli<!
amount of the taxes collected by them, to be allowed and paid lo the seve-
ral tax collectors.
OF SOUTH CAROLINA. •^?:-.
VI. A/id be ii further enacted by the authority afuresaiil, That tlje asses- A.U. 17U5.
sors, enquirers, and collectors respectively, shall begin their enquiry (jn the ^-^'"v"^--'
first clay of February next ; and that where all the collectors who were ap- Returns of
pointed tor any parish or. county are dead, and the tax returns not closed'"'"'^''' '".'"'^
■ 1 1 *'. ^ . ,.1 1 11 1 1 11 1 ,. , to be made.
With the commissioners oi the treasury, the collector who shall thereatter be
appointed is hereby directed and ordered to demand receipts or to admin-
ister an oath, or to procure other satisfactory proof, from the persons of
the county or parish, that he or they had paid their taxes for the preceding
years, in order to discover their taxes still due, and to enable the jiublic to
ascertain what sums of money are due by the estates of deceased col-
lectors ; and should the e.xecutors or administrators of the deceased collec-
tors refuse to produce the accounts of the deceased, or give information on
the subject, the commissioners of the treasury are hereby ordei'ed to put
the law in force against the estates of the deceased collectors.
VII. And be it furtlicr enacted by the authority aforesaid, That the
assessors and collectors appointed by law shall do and perform all and ^"'-^ ° ,
1 IT- i < . •',.„. 1 ' -1 1 ■ » assessors and
singular the duties appertaining to their oihce, as described in an Act collectors.
entitled " An Act for declaring the powers and duties of the enquirers,
assessors and collectors of the taxes, and other persons concerned there-
in."
VIII. And he it further enacted by the authority aforesaid, That the com-
missioners of the treasury be, and they are hereby, directed to furnish fufnlsi, copiea
copies of this Act to each of the assessors and collectors appointed by law, of this Act.
throughout this State, within one month after passing this Act, and their
reasonable expenses incurred thereby shall be reimbursed.
IX. And be it further enacted, by the authority aforesaid, That all per-
sons any wise liable to pay the taxes hereby imposed, shall, on the fij-gt l"""*^ "J^P^V"
day of February, 1796, give in a true and just return of the quality and
quantity of lands and slaves, as directed to be taxed by law, either
in his, her or their own right, or in the right of any person or persons
whatsoever, as guardian, executor, administrator, attorney, agent or trus-
tee, or in any other manner whatsoever , and shall, on or before the first
day of April, in the year of our Lord one thousand seven hundred and
ninety-six, pay in their taxes to the assessors and collectors appointed
by law for the parish, county or district where the party making such
return, either by himself or family, resideth the greatest part of the year.
And that the said assessors and collectors shall pay the same, and settle
their accounts with the treasury, on the first day of June, which will be in
the year of our Lord one thousand seven hundred and ninety-six ; any
law, usage or custom to the contrary thereof in any wise notwithstand-
X. And whereas, it will be beneficial to the State that the interest ac-
cruing on the paper medium should be appropriated towards defraying Appropriation.
some part of the expenses of government ; Be it therefore enacted by the
authority aforesaid. That all the interest of the paper medium issued by
virtue of an Act passed on the twelfth day of October, in the year of our
Lord one thousand seven hundred and eighty-five, now due. or to grow-
due on or before the first Wednesday in March next, is hereby appro-
priated to make up any deficiencies of the money to be raised by this
Act.
XI. And be it further enacted by the authority aforesaid. That the
instalment of the said paper medium which will be due on the first Wednes- J^"^ paper me-
day in March next, shall not be required to be paid as directed by the Act^p paid.
entitled " An Act for raising supplies for the year of our Lord one thousand
seven hundred and ninety-three," but shall be paid on the first Wednesday
y7G STATUTES AT LARGE
A.K. K'.'S. ijj Marcli, which will he in the year of our LorJ one thousaiit] eight huii-
'•'■^''^'''^^ dieil iiiid one: Provirleil always nevertheless, that no person shall be
entitlcil to the henefit of this clause who shall not give an additional secu-
rity, if n-ijuired by the treasurer of Charleston, in all rases where he is
not fully satisfied of tlie sufficiency of the former security, and in all cases
where default has hceri made in payinu; what has heretofore been due, or
which shall be made in paying the interest to grow due inMarch next.
XII. And hi' it also J'lirllicr r/i/ic/cd by the authority aforesaiil. That
What .'hull be nothing shall be received by the treasurers in payment of the taxes herein
laxes. before directed to be raised, but silver and gold coin made current in this
State, and the paper medium issued by the authority of the Legislature, or
bank paper redeemable in the fii-st instance with gold and silver at tlie
bank of the United States, the branch thereof in <^!)harleston, and the bank
of South Carolina, or certificates for tlie pay of the members of the Legis-
lature, and of the Solicitors, for their attendance thereon.
XIIL And be k farther enacted by the authority aforesaid, That the
tax collectors are hereby directed and required to make no further demand
asoii3. (,f tijy officeis and members of [>odge No. 2, Ancient York Masons, for
any penalties or forfeitures incurred by them for not returning to the tax
office a certain building in Lodge .\lley, in the city of Charleston, the
property of the said Lodge ; and the said officers and members are hoieby
released from the same. The tax collectoi-s, nevertheless, are re(juire<l to
demand and receive from the officers and members of the said Loilge, the
arrears of taxes now due, as well as those which in future may be lawfully
demanded by virtue of the tax laws of this State.
XIV. And whereas, enormous tracts of land within the State have
Land owned by ^'i^'^'y ''COil Sold in the Northern States and in foreign countiies, and the
persons out ol owners thereof are supposed at jirosent to |)ay no tax whatever; l^c it
e tate. therefore enacted by the authority aforesaid. That it shall be the duly, and
is hereby enjoined on all tax collectors and assessors, to entpiire for all such
land, and demand the tax and arrears of tax to which it may be liable by
this and the former Tax Acts.
XV. And he it further enacted by the authority aforesaid, That in case
no ta.x nor arrears of tax shall be paid to the tax collectors and assessors,
on land as above described, ])reviously to the time of payment of the gen-
eral tax, in the year one thousand seven hundred and ninety-six, then the
tax collectors are enjoined strictly to enforce the law.
Ill the Scimio IIoiifc, tho ninclccnlJi day nf Dcceuibrr, in llie year of our Lonl one iliou-
Hond seven hundred luid nhicly-fivo. and in llii' twcnlicUi yeiirofthc Indejiciidcnce
of the United Staton of Ainorica.
DAVID RAMSAY, President of the Senate.
ROBERT HARNWELL, Speaker of the House of lUpreienlatircs.
ESTLMATE
Of supplies wanted for the support of Uorernment, for the year one thou-
sand seren huiulred. atul ninelt/fire.
SALARIKS, AS SETTLED BY LAW-FOR
DOLLARS.
The novrrnor, ....... 3,574
Seorclary 10 tho Governor, ...... 430
The Chief Juitice, (leven reonlhi raUry due,) .... 2,no(l
OF SOUTH CAROLINA.
277
Four Associate Judges, each $2,572, .....
Two Judges of the Court of Equity, each $2,144, . . - -
Attorney General, tor giving advice to the Governor and other pubhc officers,
in matters of pubhc concern, in addition to his other duties.
Three Circuit Solicitors, each $430, .....
Treasurer in Charleston, for salary as Treasurer, and for transacting the business of
the Loan Office, and Clerks, .....
Treasurer in Columbia, for his salary and clerk, ....
Clerk of the Senate, and Clerk of the House of Representatives, each $1230, -
Two Messengers, one for each house, each $216, ....
Two doorkeepers, ditto, each $216, .....
Keeper of the State House and public offices in Columbia, . . -
Arsenal keeper and Powder receiver in (^'harjeston, ...
Arsenal keeper and powder receiver at Abbeville Court House,
Incidental charges and Contingent accounts passeil, delivered the present s
Transient poor, ......
State Printer's salary, ......
Printer's bills, for extras, .....
Contingent fund, subject to the Governor's drafts, ...
Expenses of the members for the present session, . . .
Debt due to Mr. Burn, -..-.-
Commissions on receiving taxes, ... - -
Commissioner for selthng public accounts, for one year's salary due to him.
The Pilot for the bar and harbor of Georgetown, ...
Port Physician, ......
Nine Brigade Inspectors, each $216, ....
Clerk of the Adjourned Court at Columbia,
Loan at Philadelphia, ......
Magazine Guard, ......
Annuities, .......
Governor's house in Columbia, .....
-Adjutant General, ......
To assist in finishing the court rooms m Charleston,
To the Rev. Mr. Dunlap, lor preaching before the Legislature
$10,288 A. D. 1796.
860
1,290
2,658
1^290
2,460
432
432
130
216
86
23,830
4,280
686
1,200
4,300
12,380
7,944
8,570
2,144
322
430
1,944
86
9,080
4,000
5,380
200
1000
3000
90
$120,388
AN ACT TO PN.\BLE Trustees to surrender theik trusts, in the No. 1635.
M.\NNER THEREIN MENTIONED.
WHEREAS, doubts exist whether the Court of Equity have power to
permit trustees to resign their trusts with the consent of the parties enti- Preamble.
tied to the use of the trust estate, and to substitute other persons to sup-
port the trusts :
1. Be it therefore enacted, by the honorable the Senate and House
of Representatives, now met and sitting in General Assembly, and by
the authority of the same, That in every case of a trust estate where p^^.^^^ ^^ ^1^^
the person or persons entitled to the use of any property or estate court of equity
vested in trustees, being of age, or his, her or their guardian, if under 'i '■<=g'i'''l 'o
age, may be willing to have other trustees substituted in the room of
those in whom the legal estate is vested, or to have any one or more
trustees substituted in the room of any one or more of the first or
former trustees, the court of equity shall be, and they are hereby,
authorized to permit such one or more of the first or former trustees to sur-
render his, her or their trust, and to appoint such one or more trustees in his.
278 STATUTES AT LARGE
A. I). 1706. her or their room, as to the court of equity may appear fit, proper ami
'"-^'■^'™^-' advisable ; and the ti-ustee or trustees so appointed and substituted shall
then be considered, to all intents and puqioscs, ;is vested completely and
absolutely with all the estate, right, title, interest, powers, privileges and
authority, and as liable to all the conditions, terms and restrictions, as that
trustee or those trustees were vested with or liable to, in whose stead,
room or place he, she or they may be so appointed or substituted ; and the
first or former trustee or trustees shall be therefrom completely exonera-
ted and discharged. Provided always, that a certificate of such ajipoint-
ment and substitution shall be indorsed by the register or commissioner in
equity, upon the original trust deed, if the trust be created by deed, and
the deed can be found, and that such a certificate shall he annexed to the
original will, if the trust be created by will, and be lodged therewith in the
office where the will may bo lodged ; and that such a certificate shall also
be recorded in the Secretary's office, or other office, wherever the deed or
will may be recorded or lodged, or ought to be recorded or lodged.
In the Senate House, the nineteenth day of Deroniber, in the yeor of our Lord one thou-
sand seven hundred and ninety-six, and in the twenty-first year of the Independenco
of the United States of An
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of RcpresciUativcs.
No. 163G. AN ACT to authorize the City Council of Charleston to increase the
tax on Licences for retailing Spirituous Liquors; and to exempt cer-
tain Officers of the City of Charleston from serving on Juries.
(Passed December 19, 1796. See last volume.)
No. 1C37. AN ACT to prevent oustrittioxs to the rAssA(;E ok t^sii ui-
ClIINQUEPIN AM) TiKIMSOn's CreEKS.
WHEREAS, sundry jiersons, inliabitanis of the upper part of Lexing-
ton county, as by their petition to the Legislature is set forth, have oxpe-
Prcainblc. ricnced great inconvenience by obstructions to the passage of fish up
Chinquepin Creek ; for remedy whereof,
\. Be it enacted, by the liDtmrablc the Senate and House of Representa-
tives, now met and silting in (lenoral Assembly, and by the authority of
the same, That every person who hath, or may hereafter erect, any fish
Chinquepin darn, hedge, or any other obstruction, across Chinque]>in Creek, between
the confluence of the said crock witli Black Creek and the moulh of Horse-
pen Branch, shall, by the first <Iay of I'Ybruary next, provide a goorl and
.sufficient slope, at leai<t six feet wide, fijr the passage of fish up the sai<l
creek ; and upon neglect thereof shall forfeit and pay, to any person who
shall inform and sue for the same, ihe sum of five dolhirs ft>r every week
during which such obstruction shall continue after the timo aforesaid.
OF SOUTH CAROLINA. 279
Provitled nevertheless, ihat nothing herein contained shall be construed to A. D. 1796.
prevent the proprietors of lands on the said creek from erecting mills and ^--^"v^-^
building mill dams across the same.
II. And be it enacted, That every person who hath or shall hereafter erect
any fish dam, hedge, or any other obstruction, across Thomson's Creek, in Thomsou'a
Chesterfield county, shall, by the first day of February next, provide a '-''■'''^''■
good and sufficient slope, at least six feet wide, for the passage of fish up
the said creek ; and if such person shall fail or neglect so to do, he or she
so failing or iieglecting shall forfeit and pay, to any person who shall inform
and sue for the same, the sum of five dollars for every day such obstruction
shall continue aftei' the time aforesaid.
In the Senate House, the nineteenth of December, in the year of our Lord one thousand
seven hundred and ninety-six, and in the twenty-first year of the Independence of
the United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Sju-aker rf the House of Rejmsentatives.
AN ACT to permit Miss Fenwick and the Hon. Robert Barnwell to No. 1638.
have certain Negro Slaves brought into this State, which they here-
tofore sent into the State of Georgia; and for other purposes therein
mentioned.
(Passed December ]9, 1796. See last volume.)
AN ACT TO AFFORD MORE AMPLE SECURITY TO SUCH PART OF THE No. 1G39.
PROPERTY OP THE GOOD CITIZENS OF THIS StATE AS CONSISTS IN NEAT
CATTLE.
WHEREAS, the practice of stealing cattle has become of late very
prevalent in several parts of this State, to the great injury of many good
citizens holding stock at range ; for remedy whereof, and to enable suf-
ferers in some measure to trace their property, and to bring offenders to
justice ; and whereas, an Act entitled " An Act to establish certain regu-
lations in Georgetown," passed on the nineteenth day of February, in the
year of our Lord one thousand seven hundred and ninety-one, has been
found by experience to be conducive to these desirable purposes :
1. Be it enacted, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same, That the commissioners of the markets in Charleston shall be, Hides and ears
and they are hereby, vested with full power, and are required to compel of bj"chered
butchers and others to produce to the clerks of the markets in Charleston produced,
the hides and ears of all neat cattle, of whatsoever description or age,
brought for sale to the said markets ; the said ears to be immediately de-
stroyed by the clerk to whom they may be produced, who shall be entitled
to demand and receive from all butchers and others bringing the same to
280
Penalty i
neglect.
STATUTES AT LAlitiE
market the sum of four centos, as a compensation for his keeping a regular
account in a book of all the brands and marks of such cattle and of tho
names of the parties producing then).
II. And he it also e/uiclcd by the authority aforesaid, That any butcher
or other person who shall neglect or refuse to comply with the terras pre-
scribed by this Act, shall forfeit and pay tlic sum o{ ten dollars for every
such offence, to be recovered in a summary manner, before the court of
wardens in the said town, to be applied by them to the uee and benefit of
the Orphan House in the same.
Ill tlip Senate House, the ninelcenlli day of December, in the year of our Lord one
ihuusnnd seven hundred and ninety-six, and in the twenty-first year of the Indepen-
dence of tlic United States of America.
DAVID RAMSAY, PrcsUhm of the Senate.
ROBERT BARNWELL, Sjivakcr of the House of Representatives.
No. 1640, AN ACT to open ami keep in repair a Canal to lead from Rogers's
Lake into I'edee River.
(Piissed December 19, 1796. See last volume.)
No. 1641. AN ACT to cede to thk Umted States the jurisdiction of a
pKorEii PLACE, on North Islako, whereon a Light House may re
euectkd.
WHEREAS, the Congress of tlie United States, on the twoiity-lirsi
of February, in the year of our Lord one thousand seven iiundied and
ninety-four, passed an Act to provide for the erection of a liylit house for
the harbor of (ie'irgetowii in this State, and a situation on North Island
Preamble, having been deemed the most eligible for that purpose; and whereiis,
Paul Trapier, Esq. the j)roprietor of the said island, hath made a gratuit-
ous conveyance, in fee sim|)le, to the use nf the United Slates, for the
above ])nqi(ise, of seven acres of land, siliiatcil on the said island, butting
and biiundint: to the easlwai<l on the sea, to the west and noiih by lands
belonging to Mr. Trapier, and on the south by W'inyaw Bay ; but whereas,
it is necessary tlicit, in addition to the said conveyance, there should be a
cession, by the Logi.slalure, of the jurisdiction to the said land:
L Be it thcnfore emieleil, by the honorable the Senate and House nf
Representatives, now met and siltnig in Ceiieral Assembly, and bytheau-
ihority of the same. Thai the said huids, conveyed by the said Paul Trapier
Jurisdiction of j^, aforesaid, together with the jurisdiction nf the same, as far as the same
Lo"uie*"tc'.'^'" "'"'" ^"^ mcidcnud un.l essential for tile erection of a light house.forls, inaga-
ersnte'd to the zines, arsenals, dock yards, auil other m-edful buildings, and tin.- appoint-
ll. States. nient of officers, and tlie general regulation of tin' saiil built lioiise, forts,
magazines, arsenals ami dockyards, finm ami afti-r llie |»a.v<iiiK of this Act
shall be, and is hereby, ceded to, ve.slcd in, and assured unto the UniledSlales,
OF SOUTH CAROLINA. 281
absolutely and for ever. Provided neverllieless, that the said United States
shall build and sufficiently support, maintain, and keep in good repair, and
rebuild when necessary, the said light house, from time to time and at all
times hereafter, and shall also erect or cause to be erected proper leading
marks to and for or as appending to the said light house, and cause neces-
sary buoys to be stationed in fit places, for the further and better securing
the navigation of the same.
In the Senate House, the nineteenth day of Deceniher, in tlie \earof our Lord one thousand
seven hundred and ninety-six, and in tlic twemy-lirst j-eur ot tlie Indeiiendeuie of
the United States of America.
DAVID RAMSAY, Presidmt of tlic Senate.
ROBERT BARNWELL, Speaker of the House of liejmse/italnes.
A.l).
AN ACT TO GRANT TO NATHANIEL TwiNING THE EXCLUSIVE I'KIVILEDGE No. 1642.
OF RUNNING A LINE OF StACES TO AND FKOJl CEKTAIN PLACES FOR A
LIMITED TIME.
WHEREAS, Nathaniel Twining has presented a petition to the Legis-
lature, praying that an Act may be passed securing to him the exclusive preamtle.
right to run a line of stages from Georgetown in this State, to Charleston,
and from thence to Savannah in the State of Georgia, and gieat conveni-
ence and advantage would result to the inhabitants of this State to have
such stages established :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au-
thority of the same. That the said Nathaniel Twininc shall, for the terra ^.^'^'"^'''ir'S.'"
~ •' , , .... 1 ■ •! J r 1 • ■ ■ given to Twi-
oi ten years, have the exclusive right and pnviledge ot keeping, maintain- „i„cr.
ing and running such stages from Georgetown in South Carolina, to
Charleston, and from Charleston to the city of Savannah; and that if any
person or persons shall within that time, for any hire or reward, make a
practice of carrying people in any carriage any where between George-
town and Charleston, or between Charleston and Savannah river, such
person or persons shall forfeit double the amount of any hire or reward
so received by him or them, to the said Nathaniel Twining, his executors
and administrators, and be liable to a special action for the recovery of the
same.
II. And he it further enacted hy the authority aforesaid. That the said
Nathaniel Twining, his executors and administrators, shall keep fit, trood „• , ,.
, ™, . 1 T T 1.1 n ^ - 1 tJ IS duties,
and sufficient stage coaches, and good strong able and proper horses, and
suitable and capable drivers for the convenience and accommodation of tra-
vellers, and shall be obliged to run a stage at least once in every week from
Georgetown to Charleston, and from Charleston to Georgetown, and from
Charleston to Savannah river, and from Savannah river to Charleston. And
in case the said Nathaniel Twining should neglect, or fail to keep, maintain
and support such stage coaches, horses, drivers, or neglect to run the said
coaches as often as is required by this Act, upon complaint thereof made,
and satisfactory proof given to the court of sessions or common pleas, in any
district of this State, he, the said Nathaniel Twining, his executors or ad-
ministrators, shall forfeit all benefit and advantage resulting to him from
this Act, and shall also be liable to an action on tlie case, at the suit of anv
VOL. v.— 36.
282 STATUTES AT LARGE
A. U. 17H6. party aggiievod thei-eby : Provided nevertheless, that exclusive priviled^e
"^^''^'"^^ of running the aloresaid line of stages, shall not be construed so as to in-
terfere with the estahlisbment of any stages by the government of the
United States.
Ill ihc Seriaic House, the niiielcenth Aay of December, in the year of our Lord one tlioii-
tliotiduiiil seven hundred and iiinc(y-t^ix, and in (he twenty-first yeiir ol' the [nde|icn-
deuce ot'lhc United Stales of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House if liepresentatires.
No. 1043. AN ACT to ucpbal so much of the Act entitled "An Act to alter
and amend the laic respecting Juries, and to m<ike some additional
regulations to the Acts for establishing the Circuit Courts," passed
on the twentieth day of December, one thousand seven hun-
dri:d and ninetv-one, as rel.\tes to special juries.
WHEREAS, the regulations made by the above mentioned Act for
,, , , drawiiiH and sunimonins; special jurors in civil actions, have been found by
experience to be productive oi great delays aiKl inconvenience in tlie ad-
ministration of justice : For remedy whereof,
L Be it enacted, hy the honorable the Senate and House of Represen-
tatives, now mot and sitting in General Assembly, and by authority of
Clauses re- the same, That so much of the said Act as relates to and regulates the
pealed. mode of drawing and sumniouing special jurors in civil actions, compre-
hended in the first, second, tliird and fourth sections of the said Act, be,
and the same is hereby, repealed, and made null and void.
In the Semite House, the nineteenth day of December, in llie year of our Lord one
thousand seven hundred and ninety-nix, and in the twcnly-firsl year of the Indepen-
dence of the United States of America.
DAVID RAMSAY, President ff the Sitiate. '
ROBERT BARNWELL. Speaker of the Hou.i, ,f lliprrsmtatiret.
No. Itj44. AN ACT lo i-KKvr.Nr Diinroiis iro.m i-urchasinu iiEPEATi;ni.v their
OWN ruoPEiiTV at Sheriit's Sai.es, ti> Tin: dklav of tiieiu Chkdi-
TOKS ; and for the iiktteh ititiii.ATio.M OK Shkhiff's and other
sales at pini.ic aittion.
[. He it enacted by tin; honorabk- the Sciiali! and House of Representn-
I'lirehanern to lives, now iiiot and silliiig in (leneral Assembly, and by ihc authority <>1"
poy ten per t|,p same. That at all siR'rifl''s sales made in any comity or distrirl nf llii
purcWcfc"" State, afterthc first day of Apiil next, every purcha.scr ihnll, iflhc plaiiiiili
desires and directs the same, immediately after any article of property
OF SOUTH CAROLINA. 883
shall be knocked off to him, pay into the hands of the sheiiff making the A.U.KW.
sale, a sum which shall at least be equal to ten per cent upon the amount of ^-^^V"^^
his purchase, towards the payment thereof; and if he should fail or neglect
to make such payment, tlie sheriff shall immediately set up the same pro-
perty for public sale, upon the spot ; and shall not, upon such re-sale, or
any other sale of the same property, under the same execution, or upon
■the same account afterwards to be made, receive the bid of the first pur-
chaser or his agent : Provided that such plaintiff give notice, in writing,
to the sheriff, of his requiring the same, in time to enable him to insert such
his inlention in one at least of his public notices of such sale.
II. And Lc it furllicr enacted by the authority aforesaid, That if any
purchaser, after paying the percentage aforesaid, shall fail or neglect to The depofjt to
comply with the terms of the sale, all the money so paid shall be forfeited ^^ lorieited.and
to the plaintifl' in the execution under which such sale was made ; and chaser's bid re-
shall, if the sale by any sheriff or constable, be applied first to pay the fi""?') o' " ""e-
costs and charges accrued, or due upon the suit and sale ; and the surplus,^" '''
if any, shall be applied towards paying the debt. And the sheriff or con-
stable making the sale, shall not, at any re-sale of the same property, un-
der the same execution, or upon the same account, receive or takfe notice
or any bid made by the first or any other former purchaser.
III. And he it further enacted by the authority aforesaid, That if any
person shall, at any re-sale made by any sheriff or constable, on account of Bidders on re-
the first or any former purchaser having failed or neglected to pay the per- ^'''<^^, "<" •" ''®
centage aforesaid, or to comply with the terms and conditions of the sale, ao-ents.
whether the same was made for cash or credit, such person shall himself be
bound by his purchase, and shall comply with this Act, and the terms and
conditions of such re-sale, and shall not lie allowed to say, set up or pre-
tend that he bought the same as agent for the first or any former purchaser :
Provided always, that it shall be publicly proclaimed by the crier at such
sale, that the same was to be made on account of the first or some former
purchaser, and that the conditions and terms of the sale shall, in like man-
ner, be proclaimed by him immediately before the property is set up.
IV. A/id, be it further enacted by the authority aforesaid. That if after
the percentage aforesaid shall have been paid, any thing on the part of the „ . .
seller or his agent should prevent propei titles from being made for the pro- returned, if ti-
pertysold, within a reasonable time, or otherwise obstruct the completion oft'^s are not
the sale, the said percentage shall be returned and restored to the purchaser, "" ^'
and by him may be recovered by action oil the case, together with interest
thereon, if such return or restoration .should be neglected or refused to be
made, after being demanded ; and the sheriff and his securities shall be
liable for such percentage and the interest thereon.
V. Whereas, serious mischiefs have arisen from the mode practised bv
sheriffs in omitting to insert in their advertisements of property the name
or names of the several person or persons to whom the same belongs, and
also the name or names of the persons at whose suit the same is sold : for
remedy thereof. Be it ermrted hy the authority aforesaid. That fiom and after
the passing of this Act, the several sheriffs of this State shall be obliged, and
are hereby required, in all fjiture advertisements of property to be sold by ,
them at sheriff's sales, to insert in their advertisements thereof, lor the ^^'"^p^ "" *' '
general information of the public, as well the name or names of the debt-
ors or persons to whom the same belongs, as also the name or names nf the
persons orcreditors at whose mstance or suit the same is intended to be .sold .
an<l that any sheriff neglecting so to do shall be, and is hereby declared
to be, snljject to a penalty of fifty pounds sterling, and all damages, to be
recovered by any person or persons who may be injured by such omis.sion,
by action in any court of law in this Stale.
284
STATUTES AT LARGE
A.n. 1796. VI. And be it enacted by the authority aforesaid. That t)ie sheriffs be,
^-^"^"'"'^ and tliey are hereby, required to |>ay over to the plaintiff or his attorney,
all and every sum or sums of money which they may respectively receive
on account ofsuch plaintiH" within ten days after he shall receive the same,
.,, .„ any law, usa^e or custom to the conti-arv thereof in anywise notwithstand-
bhcritr to pav . •' , , ... , .... , ,, „ - , •' . , . ,
over lo the ere- 'n^- Anil it any shcrili shall retuse to ])ay over the same witnni ten days ai-
ditor.all monies ter he shall receive the same, if demanded, then and in such case he shall bo
•lavs. ' "^ liable to forfeit and pay to the said jjlaintiff the sum of fifty per cent on
the sum so received, to be recovered by action of debt; and the respective
courts, out of which the e.xecutions may issue, shall be, and they are here-
by, authorized and re(|uired to make all such rules and orders as they may
judi^e necessary to carry this Act fully into effect.
VII. And he it a/so enacted by the authority aforesaid. That the sheriff of
Georeeiown t,, Greorgetown district be compelled in future to advertise in the newspaper
advertiee. such property as is offered for sale by him as sheriff.
In the Senate, the ninetecntli day of December, iu tlie year of our Loni one thou-
sand seven hundred and ninety-six, and in the twenty-first year of the Independence
of the United States of .America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the Home of Representatives.
No. 1645. AN ACT to prohibit the importation of Negroes until the first day of
January, one thousand seven hundred and ninety-nine.
(Tassed December 19, 1796. See last volume.)
No. 1646. AN ACT to amend an Act ENTrn.KD " Aji Act to prcrcnt the spread-
ing of contagious distempers in this State."
WHEREAS, in consequence of the removal of the seat of government
Preamble, from Charleston to Columbia, inconveniences have been experienced from
the sole power of compelling vessels (suspected of being infected with any
contagious distemper) to perform quarantine, being vested in the Gover-
nor:
I. Be it therefore enacted, by the honorable the Senate and House of
Repiosentatives, now met and .sitting in Cicneral .\sscn)l)ly, and by iho
authority of the same, That all the powers and authorities in and by the
said abi(ve recited .\ct vested in the Governor, so far as the .same relates
to the compelling of vessels to perform (juarantine in the harbor of Char-
leston, shall be, and the same is hereby, vested in the inlendant and war-
dens of the city of Ciiarleston, at all limes when the Governor shall be
absent from the city ; and iti the commissioners of the streets in the towns
of Beaufort and Georgetown.
II. And whereas, inconvenience has arisen to a nunilior of citizens,
who, under the authority of an Act of the Legislature, have located and
The power of
the Governor
respectinfj
quarantine, A^c
extended to thi
intendant and
wardens of
Cbarloston, Sec
OF SOUTH CAROLINA. 285
improved lots on Sullivan's Island, from the pesthouse being erected on A. D. 1796.
said Island ; and whereas, the occupants of said lots are wiijinsr and de- ^-^""v^^^
desirous tliat a pesthouse should be erected in some other place ; Be it
therefore enacted by the authority aforesaid. That the intendant and war-
dens be empowered, and tliey are hereby empowered, to purchase or hire Intendant and
some convenient and suitable situation on which a pesthouse may be erec- *^»''d<'"s em-
ted; and to lay a taxor assessment on the lots on Sullivan's Island, not ex- move the pest-
ceeding thirteen dollars, to defray the expense of the same: Provided I'ouse.
nevertheless, that the tax or assessment be proportioned to the compara-
tive value of the said lots.
III. And be itforther enacted by the authority aforesaid, That the inten-
dant and wardens be authorized, and they are hereby authorized and em-
powered, to make sale of the building distinguished by the name of the
lazaretto, on said Island, or to hire the same, and apply the proceeds aris-
ing therefrom in aid of the funds to be raised by the tax or assessment
above mentioned : Provided nevertheless, that no title to be conveyed un-
der this Act shall be more efficient or durable than the title imder which
the present occupants hold then- respective lots.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand seven iiundred and ninety-six, and in the twenty-first year of the Independence
of the United Stales of America.
DAVID RAINISAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
AN ACT TO OPEN THK NAVIGATION OF LiTTLE PeDEK RiVER. No. 1617.
Preamble.
WHEREAS, sundry of the inhabitants on Little Pedee river and its
vicinity have petitioned for leave to open the navigation of the said river :
I. Be it thcrefure enacted by the honorable the Senate and the House of
Representatives, now met and sitting in General Assembly, and by the au- Commissioners
thority of the same. That John Newsom, Robert Hodges, Richard Wood- ''PP'>"'"='i.
berry, William Watson, Samuel Jarrall and Joseph Jenkins, Esquires, be,
and they are hereby appointed, commissioners, and are vested with full
power and authority to clear out, make navigable and keep open Little
Pedee river, from its confluence with Great Pedee to the mouth of Drown-
ing Creek, and from thence up the said Drowning Creek to the North
Carolina line : And that in case of the death, resignation or refusal to
serve, of any one of the said commissioners, a majority of the remaining
ones shall have full power and authority to appoint another commissioner
in his room.
II. And he it enacted by the authority aforesaid. That all the male
inhabitants,' as well freemen as slaves, residing within ten miles of the said
river and creek, who are of the age of sixteen years, and not above fifty tants to work
years, shall be liable to work upon the said river, to make navigable, clear on said river,
out and keep open the same, not exceeding ten days in every year, at the
time that the said commissioners or a majority of them or of their succes-
sors, may direct, under the penalty of one dollar for every day which they
or either of the said male inhabitants may absent himself or themselves :
Provided nevertheless, that none of the male inhabitants, residing within
286 STATUTES AT LARGE
A. D. 1796. t.},e said ten miles, who are liable by any former Act of the Lesfislature to
'^•^''^'''^^ work upon (xreat Pedeeor Little I'edee, above the confluence of the same
with Drowning Creek, shall, by virtue of this Act, be made liable to work
upon Little Pedee.
Ill llic Senate Iluuec, Ihe iiinelcciiUi day of Ucccinbcr, in llio year of our Lord one llion-
sand seven liuiidred and iiinety-six, and in llie nvcnty-first year of llic Independence
of ihe t'nited Slates of Anicriea.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, S/>ca/:cr rif t/ie Home of llfjirex'^tativcs.
No. 1648. AN ACT to vf.st tiir F.xri.isivii nifjiiT of Navigativo Pim; Trf.r
Creek in cf.rtain persons thi r;;in »ientio.nf.d.
WHEREAS, by an Act entitled " An Act for opening the navigatiou
of Pine Tree Creek from the month of said creek to the forks ihoreof,
Preamble, near Camden," the projirietors of the lands whereon Colonel Kershaw's
lower mills were formerly erected, were authorized to open and contiinie
the navigation of the said creek as high up as the forks thereof: .\nd
whereas, it is but just and reasonable, in case the proprietors of lands as
aforesaid, should complete, (ius they propose,) the same at their sole ex-
pense, that they should be entitled to the sole benefit arising therefrom :
L Be-it enacted by the lionorablc the Senate and House of Rep-
resentatives, now met and sitting in General Assembl)-, and by the
authority of the same. That the free and exclusive right to the use and
Esehisive right navigation of Pine-tree creek, be, and the same is hereby, vested in Tho-
mas Broom, James Kershaw, .lohu Kershaw, Duncan M'Ra and Zacha-
riah Cantey, the present owners and possessors of the lands and mills sit-
uated on the said creek, or in whomsoever may hereafter in their right,
hold or possess the same ; on the condition, herein before stated, of their
opening and keeping navigable the creek aforesaid, at their sole exj»ense.
And it shall not be lawful for any person or persons to use or navigate the
said creek, without paying the toll established by this Act.
IL And he it farther enarled by llie authority aforesaid. That the said
Duncan M'Ra, Zachariah Cantey, 1'honuis Broom, .lames Kei'shaw and
... .. .John Kershaw, or whoever may in their right hereafter hold cti possess the
sail! lands and mills, shall and may fix and establish, and be entitled to
take and receive, by way of toll, for all boats, vessels and rafts, pa.ssing on
or through the said creek, such sum or rates, which shall oe uniform, as
thtry shall tiiink pro|)er to imjiose, not exceeding at any time twenty-five
per cent, per annum on the money which they shall have expeiidiil in
opening and keeping in repair the said creek : to iLscei'taiii which the
books of the said i)ersons shall always be liable to the inspection uf the
TiCgislature. That the said toll shall be vested in the said person or ])er-
sons, for fourteen years, and be payable in the cuireiil money «i the Sttile ;
and that the saiil persons may str)p any goods, v<!ssi:ls, boats or rafts, from
passing on the said creek, until payment of the said toll.
In th? Senate Honne, the nineteenth day of Decemher, in Ihe year ofiinr Lord one thou-
Band seven hundred and nrnety-nix.nnd in llie twenty (iri'I yen ..i" !'■• |..,i-... ...!..,■ .
iif the I'nited Stnte« of Anierien.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Sj>eakcr ffthe House of ]!,yrr.wit„li,es.
OF SOUTH CAROLINA.
AN ACT TO RKMOVE Magtstratkb from their office for mal- No. 1649.
PRACTICE TllEREIN.
WHEREAS, the only mode provided hy the Constitution of this State
for removing civil officers from their office is by impeachment before the p,.e„, (.lo
Senate, according to the first, second and third sections of the fifth article
of the constitution, and it is expedient to establish some easy, and at the
same time just, mode of removing magistrates from their office for mal-
practice therein :
I. Be it tlierefore enacted, by the honorable the Senate and House of
Repiesentatives, now met and sitting in General Assembly, and by the_
authority of the same, That if any magistrate hereafter, upon prosecution powered to
commenced against him in the court of sessions, shall be convicted of mal- "move magis-
practice in office, in addition to such other punishments as may be author- Jjj"|^^,'^^^"jily "f
ized by law, upon such conviction, the judge or judges before whom the from office,
cause is tried shall immediately certify the same to the Governor and
Commander-in-chief for the time being, and the Governor and Commander-
in-chief for the time being is hereby authorized and requii'ed, immediately
on receipt of such certificate, to remove such magistrate from his office by
striking his name from the list of magistrates, and to give information of
his being so struck off, by proclamation.
In the Senate House, the nineteenth day of December, in the year of our Lord one tliousand
seven hundred and ninety-six, and in the twenty-first year of the Independence of
tlie United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
AN ACT TO AUTHORIZE THE COMMISSIONERS OP THE PooR TO ASSESS No. 1650.
AND COLLECT TAXES TO DISCHARGE DEMANDS DUE FOR THK SUPPORT OF
THE POOR PRIOR TO THEIR BEING APPOINTED ; AND TO AUTHORIZE AN
ELECTION TO BE HOLDEN FOR COMMISSIONERS OF THE PoOR IN EdgE-
FiELD County.
WHEREAS, doubts have arisen whether the commissioners of the
poor have power to assess and collect taxes to discharge demands due for Preamble,
the support of the poor previously to their being appointed :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That the commissioners of the [loor, appointed or to Commissioner"
be appointed, shall be, and they are hereby, authojized and empowered to of the poor to
assess and collect taxes for the pui-pose of discharging all debts and Je- ?^^''^* ^f^'' '^"'"
mands incurred or due for the support of the poor of their respective
parishes or counties, previously to their appointment, in the same manner
as they are to assess and collect taxes for the payment of the like debts and
demands incuiTed and due after their appointment.
288 STATUTES AT LARGE
A. D. 1796. 11. Whereas, the managers of the election for members of the Legis-
^-^'^^""^ lature for the election district of Edgefield have omitted to liold an elec-
tion for commissioners of the poor, as by law directed ; Be it therefore
Commissioners enacted, That the said managers be empowered and required to hold an
to be chosen for g](;g[i(,n f(,r gyp commissioners of the poor for Edgefield county, on the
^* * * first Monday in February next.
In the Senate Hotiso, the nineteenth day of December, in the year of our Lord one thousand
seven hundred and niuely-«ix, and in the twenty-first year of llic Independence of
the United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Representatices.
No. 1651. AN ACT to re-establish a Ferry on Great Pedee River, near tlie town
of Chatham, in Chesterfield County, and to vest the same in EHz-
abeth Bishop, her heirs and assigns, for the time therein mentioned.
(Passed December 19, 179G. Sec last volume.)
No. 1652. AiV ACT to prevent appropuiations op money otherwise than v\
AN Act of the Legislature.
WHEREAS, daily e.Kperience evinces the impropriety of the Letrisla-
ture's granting money for any purpose in any other mode than by virtue of
an Act of the Legislature:
L Be it there/ore entutcd, liy the honorable the Senate and House of
Representatives, now met and silling in General Assembly, and by the
authority of the same, Tliat after the passing of this Act no sum of money
shall be directed to be paid away out of the treasury of this State, unless
the same be done by an Act to be passed for lliat purpose ; and that no
person who now is, or hereafter may bo, indebted to the Stale in any man-
ner whatever, shall be exempted or lelicved in part or in the whole from
the payment thereof, nor shall the State be divested of any right or interest
whatever for the purpose of vesting ihc same in an individual, Iiy any oilier
means than under and by virtue of an Act to be pa.ssed for that purpose.
In the Senate I Ion st*, the nineteenth day of December, in the year of onr Lord one thou-
sand seven hundred and ninety-six, and in the twenty-first year of the Independence
of the United Sintnn of America.
DAVID RAMSAY, Pre.tident of the Senate.
ROBERT BARNWELL, Speaker of the Home of Repre.tentali,r.^
OF SOUTH CAROLINA.
AN ACT TO EMPOWKlt THE PROPRIETORS OP THi: LANDS ON Fol'K No. 1653.
Holes Swamp to make navigable the Four Holes Creek.
Preamble.
WHEREAS, sundry proprietors of the lands situate on the Four Holes
Swamp, and other proprietors of lands in the vicinity of the same, have
petitioned for an Act to be passed to authorize them to clear out, make
navigable and to keep open the Four Holes Creek :
I. Be it ther(fure enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That the proprietors of the lands situated on the Four Holes
Four Holes Swamp, from Edisto River to the Four Holes Bridge, or any ^'"p'' •" '?''
■ 1 r' 1 1-1 1 • 11 1111 made uaviga-
or either or them, at his, her or their proper labour or expense, shall have i,ie.
full power and authority to clear out, make navigable and keep open the
creek called Four Holes or Steed's Creek, from its confluence with Edisto
River up to the Four Holes Bridge.
II. And he it further enacted by the authority aforesaid. That if any
person or persons shall stop up or in any manner obstruct the passage ofP'^''''''fy "" o^-
the said creek, after the same shall be made navigable as aforesaid, he, nJ^" ^ "(io„ ^
she or they so offending, on conviction thereof, shall forfeit and pay a sum
not exceeding twelve dollars, to be sued for and recovered before any jus-
tice of the peace, for each and every such offence, the one half to be paid
to such person or persons as may inform, the other half to be paid to the
proprietors of the lands aforesaid, to be applied to the purpose of keeping
the said creek open ; which said proprietors, under the names of the com-
missioners whom they may appoint to superintend the navigation of the
said creek, are hereby authorized to sue for and recover.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand seven hundred anduinety-six, and inthe twenty-firstyearof the Independence of
the United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
AN ACT FOR REGULATING THE ADMISSION OF AtTORNIES AND SoLICI- No. 1654.
TORS, TO PRACTICE IN THE CoURTS IN THIS StATE.
WHEREAS, it is necessary that the mode of admitting attomies,
counsellors and solicitors in the courts of law and equity in this State, '^°^"' "'
should be further regulated by law :
1. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au-
thority of the same. That in future every person who is a citizen of this Conditions of
State, or of the United States, and who shall have graduated in any reeu-"''™'^""??'^"'"
, ,, . . r \ ■ c^ <. 1 TT ^- 1 /-, '. " tormee, Citizens
lar college or university ot this State, or of the United States, or in any of this State.
foreign university, who shall have served a regular clerkship, and have
read law in the office of any practising attorney of this State, for and du-
ring the term of three years, subsequently to such his graduation, and shall
have attained his full age of twenty-one yeais ; and also every person
VOL. v.— 37.
290
STATUTES AT l.ARGE
A. D. 1796. citizen as aforesaid, who shall not have graduated as aforesaid, but shall
^-^"^'"^'^^ have ser\-e<l a regular clerkship, and have read law in the ottice of any
regular practising attoiney of this J>t;Ue, lor and during the term of four
years, and have attained his age of iwcnty-one years, (the sai<l persons re-
spectively undergoing an examination, to the satisfaction of the judges of
the respective courts, in the manner hereinafter provided,) sliall l.e, and
they are hereby declared fit and competent to be, admitted to the bar of
tliis State ; aiid shall, upun a[)plication, be admitted and enrolled in the
usual form.
II. And be il Jurtlter cnaclril by the authority aforesaid. That whenso-
ever any candidate shall be desirous of oftering himself for admission, he
^. . , shall apply bv petition to the court of common pleas, for an admission into
Time and mode , , , t* ■ ,• i ■ • • ,
of application '"&' court, and to tlie court ot equity, tor an admission into that court, at
for odmission, Columbia or at Charleston, at any time during the sitlini^ of tin
examination.
shall think proper to prescribe, to the candidate being qualified and lumng
perfonxied the requisites aforesaid, sliall and may make, and cause to be en-
tered, a rule tor the examinalion of such candidate, prescribing the lime
and place, nominating a competent number of the bar to attend and con-
duct such examination, under the superintendance and direction of any
two or more of the judsjes of the said court, at which time and place the
said examination shall be had, which shall continue until the presiding
judges shall see tit to terminate the same ; and if the said judges shall be
satisfied of the skill, learning, character and fitness of the said candidate,
for an admission into the said court, they shall cause the clerk to enter an
order for such purpose, to make out the commission under the seal of the
court, which shall be signed by one or moie of the said judges, and given
to the candidate, whose name .shall be enrolleil amongst the attornies,
counsellors or solicitors of the said court, as the case may be, and shall be
qualified in the usual form of (jualifying oHicers in this State.
III. And he it farther enacted by the authority aforesaid. That any citi
Mode of lid- zen of the United States, coming to settle and reside in this State, who
nii8»ion of citi- shall produce to the jiidees of the courts of law and eiiuitv of this Stale,
zens of other • . • . . ^ ■' ^ . , r i • i • i i • i i
BtatcB. "1 term time, satisfactory testimonials ot Ins liaving l)ecn admitted and
having practised fur three years in the supreme court of law, nr the court
of equity, of any other Stale, upon taking the usual oaths shall be commis-
sioned in like manner as other candidates.
In the i^eimte, Ihe ninetcrnlli dny of l>«-
BiuiJ hcven huiidreil und iiihi'ly-!<ix, uiic
of the IJiiiled ritalcs uf America.
r l.iird line Ihuu-
Ihe Indi'iH'iulelicc
D.AVID K.A.MSAV. President of the Umate.
ROBERT BARNWELL. Sinaker ,f the Hou.se o/Jle/>n.untutnes.
No. 16.55. AN ACT TO I-BEVr.NT THK EXfOllTATIliN IIK BkkAK AM) Kl.oUK, N(
MKBellANTAIll.l: ; AND KOH OTIICIt fUKPOSKN TIIEKCIN ME.NTIO.MSD.
Preuioblc
WIIKRKAS, il is necessary for the a<lvancemcnt of conimerro, that '
rcnulutions should be establi.ihed for the inspection of flour and bread, iii-
tendeil for cxiwrtation :
OF SOUTH CAROLINA. aOl
I. Be it therefore enacted, by the lionorable the Senate auti House ut' A.li. ITHt.
Keijresentatives, now met and sitting in General Assembly, and by the au- ^■^'"v-"*^
thority of the same, That the persons hereinafter to be appointed to carry
into ellect this Act, or a majority of tliem, shall meet in the city-hall in the po^nJ^ing \^.
city of Charleston, on the second Monday of January next, and on the se- specior.
cond Monday in January in every year thereafter, during the continuance
of this Act, and then and there nominate and appoint a person of good re-
pute, and skilful in the goodness and cjuality of iiour and bread, to be in-
spector of flour and biead within the said city, ioi' tlie year ensuing.
II. And he it farther enacted by the authority aforesaid, That eveiy
commissioner who shall vote for the said officer shall take the follov\-ing
oath before he shall proceed to the nomination and appointment of the offi- kenby commis-
cer aforementioned : " I, A. B. do swear that I will faithfully, honestly and sioners.
impartially nominate and appoint such person to be inspector of flour and
bread withm the said city of Charleston, as I think, in my judgment and
conscience, is tit and capable of executing the said office."
ni. .,4«rZ /yr /V /tfrtAe/- ewocW by the authority aforesaid, That in case
of the death of such officer so appointed, or his refusal or neglect to act, M„jg „f giijng-
the said commissioners, or the major part of them, shall, as soon as conveni- up vacancies,
eiitly may be thereafter, meet together and appoint one other such person
as aforesaid, in the stead of the person so dead or refusing or neglecting to
act, for the residue of the year; and if the said commissioners shall neg-
lect and omit to nominate and appoint the said officer, then the Governor
may appoint such officer, who shall be qualified agreeably to the directions
of this Act, and have the like power and authority as if he had been by
the said commissioners nominated and appointed.
IV. And be >t further enacted by the authority aforesaid, That all bolted
wheat flour, and every cask thereof, brought to the said city for ex porta- pj^^^ ,^ [^^
tion, fiom and after the first day of August next, shall, by the bolters made mer-
thereof be made merchantable and of due fineness, without any mixture "^""ntaDle.
ot coarser or other flour.
V. And he it farther enacted by the authority aforesaid, That from and
after the fiist day of August next, all flour casks brought to Charleston for
exportation, shall be made of good seasoned materials, well made, and the"flour^ca8k3
tightened with ten hoops, sufficiently nailed with four nails in each chine
hoop, and three nails in each upper bilge hoop, and of the following di-
mensions, viz : The staves to be of the length of twenty-seven inches, and
the casks lo be of the diameter of eiohteen inches at the head. That every
miller and bolter of flour, and baker of bread, for transportation out of the
State, shall provide and have a distinguishable brand mark, with which he
shall brand each and every cask of flour or bread, before the same shall be
removed from the place where the same was bolted or baked. And every
miller or bolter shall also biand every cask of flour according to the quali- b^aujed.
ty thereof, with the numbers one, two or three, and with the weight res-
pectively, under the penalty of one dollar for every barrel of flour not
hooped and nailed as aforesaid, and for every cask of flour or bread so
removed and not branded cis aforesaid, to be recovered from such miller
or bolter who shall neglect to comply with the directions of this Act, or
from the person who brings such flour or bread to Charleston aforesaid for
sale. And in case a recovery shall be had against such person bringing
the said bread or flour for sale as aforesaid, for the said penalty, such per-
son shall and may have a recoveiy of the same, with costs, against the miller
or bolter from whom such bread or flour was purchased or received, upon
making it appear that he gave notice to such miller or bolter that he in-
tended to carry the same to the city aforesaid, for sale for exportation, and
292 STATUTES AT LAIUiE
A.D.1<'.<(.. tiiat lie requested such miller or Imlter to secure ami mark the said barrels
^-^''^'"^^^ as afori'-iiiid.
VI. A/id I>e it further I'liacted by llie authority aforesaid, That the said
Neai weight ofmiUers and bolters shall ]>ut into the casks numbered one, the full ((uanlily
casks. jjj. „.yijr}|| (,f „„j. liundred and ninety-six pounds of Hour ; in the casks
numbered two, the full quantity or weight of one hundred and ninety-six
Penally for pounds ; and in the casks numbered three, the full (inantity or weight of
shori weight, one hundred and si.\ty-eight jiounds of flour. Ami that if any miller or
bolter shall pack any cask with a less <|uantity of flour tlian is directed by
this Act to be contained in the casks of the difl'erent sizes and dimensions
above mentioned, he shall forfeit, if the deficiency be one pound, twenty-
five cents ; if two pounds, fifty cents ; and fifty cents per pound for every
pound deficient above two.
VII. And be it further enacted by the authority aforesaid, That all casks
Bread cask wherein bread sliall be packed, shall be weighed, and the tare marked
be packed, &c. thereon : and if any person shall put a false or wrong tare on any cask of
Penalty for bread, to the disadvantage of the purchaser, he or tliev shall forfeit, for
laJsc lure. , r- i i i i n * i i ■ " i -
every cask so talsely tared, one dollar. And the inspectors or their assis-
tants respectively, upon suspicion, or upon the request of the buyers, shall,
and are hereby required to, unpack any such cask of flour or bread as
aforesaid, and if there shall be a less quantity of flour than is above di-
rected, or if the cask or casks wherein bread is jiacked, shall be found to
weigh more than is marked thereon, then the miller, bolter or baker, as the
case may be, siiall pay the charges of unpackinsr and lojiacking, over and
above the penalties aforesaid, but otherwise the said charges shall be paid
by the inspector, or by the purchaser if the trial be made at liis request.
VIII. And he it furt/ier e/ifietcd hy the tLUlhonty aforesaid, That every
Invoice of bread haker of bread for exportation shall deliver with the said breail an invoice
to he delivered, thereof, with his brand marked thereon, together with his name signed
thereto, under the penalty of five dollars for every invoice delivered con-
trary thereto ; and if any cask or casks of biead upon trial be found liuhter
than is set down in the invoice, he shall fort'eit for every pound deficieni
in the same proportion as is heretofore directed as to flour.
IX. And lie it further enabled by the authority aforesaid. That ail and
Flour tobe ill. every cask of flour brought to the said city, to be from thence laden and
gpectcd, and shipped for exportation, shall be submitted to the view and examination of
mndeofin»pie-jjjj, ins])ector so as aforesaid nominated and appointed, who shall sean'h
and try the same by l)oring the head, and piercing it through with an in-
strument not exceeding half an inch diameter, to be contrived foi- thai pui-
pose, in order to prove whether it be honestly and well |)acked, and al.so
enable him to judge of its gooilness, and shall afterwards plug up the hole.
And if the said itispector shall judge the same to be merchantable, accor-
Mcrchairtablc 'J'"K '" '''*' directions of this .Act, he shall brand every such cask of flour
flniir distin- oil the quarter with the word " Charleston," with a public brand and mark
guishod. jjj jjg piovided for that purpose, and shall also liraiid ami maik the deiiree
of fineness which he shall on inspertinn determine the said flour to be of;
which degree shall be distini^iiished as follows, to wit : Sui)erfine, line,
Inapcctor'n middling, ship-stufl'; for which trouble he, the said inspector, shall have
conipchtktion. and receive of the owner of such flour the sum of seven cents for each
cask, and no more.
X. And he it further cnaetcd by the authority aforesaid, That no in-
Cnmerchania- spector of flour shall brand any flour which shall prove on examination
*J^J[j"j'' ""thereof to be uiiinerchantable, according to the line intent ami meaning of
this Act, but shall cause liie s.inie to l>e marked on the bilge with an ar-
row, or secure it for a further examination if required, which examination
OF SOUTH CAROLINA. 293
die owner shall procure to be made within the space of twenty days. And A.I). 17%.
the inspector shall and may demand and receive, from the owner oi- own- ^-^"'v^'".-/
ers thereof, the same rates and prices as if the same had been branded.
XI. And he it furtlnT fnactcd by the authority aforesaid, That when
any person shall think himself aggrieved, through the judgment or want
of skill of the inspector, in rejecting the said flour as unmerchantable, it^'''"".',' »";'^'l
snall antl may be lawrul tor such person to apply to the commissioners, ment of the in-
who shall, at the charge of the complainant, issue their summons, directed ^l""^"""-
to three indifferent persons well skilled in the manufacture of flour, to re-
view and examine the same ; which said three persons, so as aforesaid ap-
pointed, shall take the same oath or affirmation, (as the case may be,) as
by this Act is hereinafter directed to be taken by every inspector of flour,
and shall carefully view and examine the same ; and if they, or any two
of them, shall pass and declare the same to be merchantable, then and in
such case the said inspector shall raze out the arrow, and fix such brand
on the said flour as they, or any two of them, shall adjudge and determine,
and repay to the said complainant the said cost ; but if on such review the
judgment of the said inspector shall be confirmed, then and in such case
the said owner of such flour shall pay the cost of such review.
XII. And he it further enacted, by the authority aforesaid, That every
inspector shall be allowed four cents per barrel for storage, if stored : and „
• c 11 . p-ii-i i^i. Kates of sto-
it upoTi an appeal and review as aroresaicl, the judgment of the insj^ector mge.
shall be confirmed, the person appealing shall jiay the expense of such
storage, and shall also pay the same if an appeal shall not be prosecuted.
And if the judgment of the said inspector sliall be reversed, then the said
inspector shall forfeit his charge and expense of the said storage. And
that the said inspector of flour, for his trouble, shall and may receive the
sum of fourteen cents for each barrel by him reviewed.
XIII. And be it further enacted by the authoiity aforesaid, That it .shall
not be lawful for any person whosoever to export, ship, or lade on board n . i, r
of any ship or vessel for exportation out of this State, any of the casks orportine unmcr-
barrels of the said flour so marked with an arrow as aforesaid, or to ex- <''>»""'')''' If "'•
port, ship, or lade on board of any ship or vessel for exportation out of this
State, any of the casks or barrels of the said flour not examined and
branded as aforesaid, on pain of forfeiture of eight dollars for each and
every barrel so exported, or laden on board of any ship or other vessel for
exportation, from this State.
XIV. And he it further enacted by the authoiity aforesaid. That every
inspector of flour, who shall be nominated as aforesaid, shall on his ap-
pointment, and before his e.xecuting the said office, make oath or affirma- Inspector's
tion (as the case may be) before a justice of the peace, that without fear, "'"''■
favor, affection, malice, partiality or respect of persons, he will diligently
and carefully view, examine and inspect all flour brought to the said city
of Charleston, and which he shall be called upon to view, examine and in-
spect, to the best of his skill and knowledge ; and that no flour shall be
passed or branded by him without his viewing and examining the same ;
that he will not brand, or cause to be branded, any cask or casks of flour
that do not appear, to the best of his skill and knowledge, to be in all re-
spects sufficiently clean, sweet and merchantable ; and that he will pass
and brand all such casks of flour as shall appear to him sufficiently clean,
sweet and merchantable, according to the degree thereof, to the best of his
skill and knowledge, and according to the directions of this Act ; and that
he will not, wittingly or willingly, charge, ask, take, receive, e.xact or de-
mand, any other or larger-fees or rates, for doing liis duty in his office as
inspector of flour, than is mentioned or directed by this Act ; and that he
294 STATUTES AT l.ARCJE
A.l). 1/%. ^y[\\ carefully and diligently view and examine all casks in which such
^-^"'^''"^'^ flour shall be brought and contained ; and that ho will not pass or brand
any cask or casks of flour, unless such cask or casks be of such size, good-
ness and thickness, as by this Act is required.
, . XV. And be it f'urthcr eiiac/id h\ the authority aforesaid, That no in-
Insnector pro- . ca in i i- i i- ." ,i • ■ •
hibitod from spector ot Hour snail purchase, directly or indirectly, any flour by him coii-
dcnlingiii ilour. demned as aforesaid, or any flour whatsoever, other than for his own fami-
ly use, under the penalty of six dollars for each barrel by him purchased.
XVI. And he il further enacted by the authority aforesaid. That if any
Penalty foral- Person shall alter the mark stamped on any barrel of flour by any inspec-
icrins marks or tor ; or shall mark or brand any barrel of Hour which hath not been in-
briiniiii. spected, with any mark or brand similar to or in imitation of the inspec-
tor's said mark or brand ; or after tlie said inspector shall have piissed any
barrel of flour as merchantable, shall pack into the cask which contains
the same, any other flour ; or after any barrel of flour shall be branded
with an arrow, shall unpack and repack the same into other casks or pack-
ages for exportation out of this State; such person shall forfeit and pay the
sura of six dollars for every barrel.
XVII. And he it further enacted by the authority aforesaid, That the
Power to re- said commissioners, or the major part of them, shall be, and arc hereby, em-
move inspector. ^^^^.^^.^^1^ jjj ^i^y j.jj^g j^ dis])lace or remove the said officer from his office,
if the said commissioners, or the major part of them, shall see cause, and
shall and may nominate and appoint another fit person to such office during
the resiilue of the year, who shall have ))ower to execute the same office,
according to the directions of this Act, on his taking the said oath of
office.
XVIII. And he it further enacted by the authority aforesaid. That the iii-
Motir to be in- spector of flour, apjiointed by this Act, shall, ami is hereby directed, at
Imnrd vessels, t''e retjucst of any person who sh.ill bring above ten casks in any one ves-
if rrquircd. sel, to goon board S'jch vessel in the harbor of the said city, and inspect
the said flour on board, under the penalty of three dollars for every ne-
glect or refusal.
XIX. And whereas, il may sometimes happen, that, by reason of a
Inspector may great rpiantity of flour boinff brought at once to Charleston, the person
appoint oiisis- who shall be appointed inspector offltmr, cannot alone, with sufficient dis-
(aoi8. patch, inspect and brand all such flour; and as it is apprehended that the
most likely means to support the credit of the inspection brand, is to make
one inspector answerable ; Be it therefore firlhrr enacted by the authority
aforesaid, 'JPhat the person to be chosen and ap|iiiinted insjicctor of flour,
shall or may, on such occasions only, or in ca.sc of sickness, employ one oi
more persons of good repute, and well qualified for such .service, as assis-
tants, to iLssist him in the execution of his said ollice ; and such assistants,
after taking the oath or alKrinatioii herein )iiesciibed to be taken by the in-
spector of flour, are hereby aiilhorized to insjiecl and brand any barrels of
flour at Charleston, as the inspector himself might do.
XX. And he it further enacted by the authority aforesaid, That all and ev-
Modc of ri-eov. very of the penalties ami forfeilurrs, in and by this Act set and appointed,
cring pcna tics. ^Iijjjl y^^ recovered before a sinu'li' niayislrale, as in ca.se of small debts, or
before the C'lty (Council, in the name of llie commissioners, and be by them
paid into the treasury of the Slati' fur the u.so of the public.
XXI. And. he it further en/ic/ed by the authority aforesaid, That Ed-
Conimissioncrs^y^rd Darrrll, Thomas Morris, Nathaniel Ifu.ssel, Kobert Henry, Philip
lor Charleston.,, , , ,,,.,.. ,, ,• , , i -i. , i i i i
dadsilen, William (latls and .\dani I unno, be, and lliey are hereby ap-
pointed, commissioners foi carrying into elVcct this Act.
OF SOUTH CAROLINA. 295
XXII. And be it fiirtker enacted hy the axLthority aibresaid, ThatZacha- A. D. 1796.
riah Cantey, Thomas Broom, John Kershaw, John Adamson and Daniel ^-^"^'^''^^
Carpenter, or a majority of them, are hereby appointed commissioners to Commissioners
meet at the town of Camden, on the second Monday m January next, and '"'' Camden,
on the second Monday in every January thereafter, to nominate and ap-
point a person of good repute, and skilful in the goodness and quality of
flour, to be an inspector of flour at the said town of Camden ; which said
inspector shall have all the powers, discharge all the duties, and be sub-
ject to all the regulations, which are prescribed by this Act for the inspec-
tors of flour in the city of Charleston.
XXIII. Andhcitfurtlicr enacted by the authority aforesaid. That Tho-
mas Taylor, John Taylor, Timothy Rives, Benjamin Waring and Robert commissioners
Lithgow, (jr a majority of them, are hereby appointed commissioners to for Columbia,
meet at the town of Columbia, on the second INIonday in January next,
and on the second Monday in every January thereafter, to nominate and ap-
point a person of good repute, and skill in the goodness and quality of
flour, to be an inspector of flour in the said town of Columbia; which
inspector shall have all the powers, discharge all the duties, and be sub-
ject to all the regulations, which are prescribed by this Act for inspectors
of flour in the city of Charleston.
XXIV. And he it further enacted by the authority aforesaid, That it
shall and may be lawful for Samuel Smith, George Heriot, Savage Smith, (j^ij^jj^j^^jj^iigj.^
Francis Gottier Deliesseline and Robert Elliott, or any three of them, andforGeorgetown.
they are hereby required, to appoint, on the first Monday in January next,
and on the first Monday in every January thereafter, one inspector
of flour and bread, at the town of Georgetown ; which said inspector shall
have all the powers, discharge all the duties, and be subject to and observe
all the regulations, which are prescribed by this Act for such inspectors of
the city of Charleston.
XXV. And he it further enacted by the authority aforesaid, That it
shall and may be lawful to and for Jesse Arthur, John Bynum, John Commissioners
Means, John Sims and Gerard Burke, or any three of them, and they are for Granby.
hereby required, to appoint, on the first Monday in January next, and on
the first Monday in January in every year thereafter, one inspector of
flour at the town of Granby, on the west side of the Congaree river ;
which said inspector shall have all the powers, discharge all the duties,
and be sulject to and observe all the regulations, which are prescribed by
this Act for such inspectors at the city of Charleston.
XXVI. And he it further enacted by the authority aforesaid. That J. Bell,
Duke Bell, Francis Carlisle, Alexander Noble and Wm. Scott, or any three _ . .
of them, shall, and they are hereby required to, appoint, on the said first for Vienna.
Monday in January next, and on the first Monday in Januai-y in every year
thereafter, an inspector of flour, at the town or village of Vienna, on
Savannah river ; which said inspector shall have all the powers, discharge
all the duties, and be subject to all the regulations, which are prescribed by
this Act for such inspector at the said city of Charleston.
XXVII. And be it further enacted by the authority aforesaid. That
every clause, matter and thing herein contained, shall extend, as fully
and amply, to the said towns of Georgetown, Granby, Vienna, Camden
and Columbia, as if the same were particularly mentioned in every clause
of this Act.
XXVIII. And be it further enacted by the authority aforesaid. That this
296 STATUTES AT LARGE
A.l). KMb. j\j.t si,^]| coiitiiiiie and be in force for and during the lerni of six years,
^"^^^''"^^ and until the end of the then next session of Assembly.
In the Senate House, tlie iilnrtcontli day of Deceinlier, in the year of our LiirJ one tJioii-
Band .''even hundred and ninety-six, uud iu the twenty-first year of tlie ludependenca
of the United State.s of Auierieu.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House (f llFprcsentativvs.
No. ICiC. AN ACT to cstabliMh the Roads and Ferries therein mentioned ; to pre-
scribe certain legulations lespecling Roads ; and for other ])urposes
therein mentioned.
(Passed Deceral)cr 20, 1796. See last poiumt)
No. 1G57. AN ACT to piolong the time for certain Officer? of the Militia t<:
take the oath or affirmation prescribed by law.
(Passed December 20, 179G. See last volume.)
No. 1G6S. AN ACT more eftoctnally to ])revcnt Shopkeepers, Traders and olIierN,
from dealing with Slaves having no tickets from tliuir owners ; and for
other purposes therein mentioned.
(Passed December 20, 179&. See lust rolnine.)
No. 1G59. AN ACT von. uaisin<; siriM.ir.n i-ou tiir yf..\r onf. thousand sevkn
IIUNDRF.n A\n NI.VF.TY-SIX.
WHEREAS, we, the representatives of tlie free and indoiicndent State
„ ,, of South Carolina, iii(iciieral Ass('nd)lv met, have thouiiht it expedient
I rcamblc. , , <■ i " i • i i • •
und necessary tliat a. tax, tor tlie sums and in the manner herein mention-
ed, should Ik: assessed, raised, and paid into the public treasury of this
State, for the use and service thereof:
L Be it ihcTrfiirr inactcd, by the honorable the Senate and the
House of Represenliitives, now met and silting iii(ieiieinl Assembly,
and by the authority of the same. That the half of ont^ dollar per
centum ad valorem on every hundred dollars, to be ])airl in specie ot
OF SOUTH CAROLINA. 297
paper medium, shall be, and is hereby, imposed on all lands granted within A. D. 17%.
this State, and in the manner and under the several regulations heteinafter ^-^""v"^^
expressed and set forth, that is to say : No. 1. All tide swamps, not
generally affbcted by the salts or freshes, of the first quality, shall be ^„'"f^°^^""'"'°
rated at twenty-six dollars per acre; of the second quality, at seven-
teen dollars per acre; of the third quality, at eight dollars and an half
per acre ; all pine barren land adjoining such swamps, or contiguous
thereto with respect to the benefit of water catTiage, at two dollars per
acre ; all prime inland swamp, cultivated and uncultivated, at an av-
erage of thirteen dollars per acre ; second quality, at eight dollars and
an half; third quality, at four dollars per acre ; pine barren land, ad-
joining or contiguous thereto, at one dollar per acre; salt marsh,
or inland swamp, clearly proved to the assessors to be incapable of
immediate cultivation, at one dollar per acre. No. 2. High liver swamps
or low grounds, cultivated and uncultivated, including such as are com-
commonly called second low grounds, lying above the flowing of the tides,
and as high up the country as Snow Hill, on Savannah river, the fork of
Broad and Saluda rivers on the Congaree, CTraves's Fold on the Wateree,
and the boundary line on Pedee ; the first quality at thirteen dollars
per acre; the second quality at eight dollars and an half per acre;
the third quality at four dollars per acre ; except such as lie so low
as to be clearly proved to the assessors to be incapable of immediate cul-
tivation, which shall be assessed at one dollar per acre. No. 3. All high
river swamp, or low grounds, lying above Snow Hill, the fork of Broad
and Saluda rivers, Graves's Ford, and the old Indian boundary line, three
dollars per acre. No. 4. All high lands without the limits of St. Philip's
and St. Michael's parishes, on John's island, James island, and on the main,
within twenty miles of Charleston, at four dollars per acre. No. .5. All
lands on the Sea islands, Slann's island included, or lying on or contiguous
to the seashore, usually cultivated, or capable of cultivation, in corn or
indigo, and not within the limits prescribed in class No. 4, at four dollars
per acre. No. 6. All oak and hickory high lands lying below Snow Hill,
the fork of Broad and Saluda rivers, Graves's Ford, or the new boundary
line on Pedee, and not included in the limits or description of the two
preceding classes, numbers four and five, at three dollars per acre. No. 7.
All pine barren lands not included in numbers one, four, and five, to be
assessed at twenty cents per acre. No. S. All oak and hickory high
lands lying above Snow Hill, the fork of Broad and Saluda rivers, and
Graves's Ford, the first quality, at one dollar and an half per acre ; the
second quality, at one dollar per acre ; the third quality, at forty cents per
acre. No. 9. All oak and hickory high larjds above the old Indian boundary
line, the first quality, at one dollar and twenty cents per acre ; the second
quality, at sixty cents per acre ; the third quality, at twenty cents per acre.
That all lands within the parishes of St. Philip and St. Michael shall be as-
sessed in the same manner and upon the same principles as houses and lots
in Charleston, and in a relative proportion to lands in the country. That
the sum of seventy-five cents per head shall be levied on all slaves ; the """= °^ taxing
sum of two dollars per head, on all free negroes, mulattoes, and mestizoes, '^ ^''^^' *"
betweenthe ages of sixteen and fiftyyears ; and an half dollar per centumad
valorem on all lands, lots and buildings within any city, village, or borough ;
and on every hundred dollars stock in trade, factorage, employments,
faculties and professions, (clergymen, schoolmasters, schoolmistresses and
mechanics, excepted) — to be ascertained and rated by the assessors and
collectors throughout the State, according to the best of their knowledge
and information ; to be paid in specie or r)aper medium of this State.
VOL. v.— 38.
298 STATUTES AT LARGE
A.l>. iriH'.. If Andltcitj'arther enacted by the authority aforesaid, That all negroes
J^"^'"^"''^ and other slaves who are employed on any lands leased by any person or
cd^Qiiln'diau^'P*"'*""* o'" ''^"^ Catawba Indians, shall be, and tliey are hereby made, lia-
lnuds. ble to the payment of this tax.
III. And \vlierea.s, doubts have arisen and are still subsistine concerning
the construction of former tax Acts, inasmuch as the tax collectors have as-
sessed the property of diveis religions societies, and also of the incorporated
Rolisious Soci- South Carolina Society and others ; Be it therefore enacted by the authority
nues exempted ■ i , i ■ "^ • ■ • , • ,■ . "^ • i i ;,
aforesaid, that nothing in tins Act, or m any former Act contanied, sliall
be con.strued to impose a tax on any property of any relisrious society, or
of the South Carolina, Fellowship and NVinyaw Indigo Society.
IV. And wheieas, it is the duty of every person claiming of or receiv-
ing from this government the protection either of his person or property, to
contribute not only iiis quota of money, but also those personal services
which every citizen is bound to contribute to the support of tlial govern-
ment, or to pay an additional tax in lieu of such services ; And whereas,
there are numliers of pei-sous holding large estates in this country, who
reside without the limits of the United States, and annually draw from tlii.s
State great resounes, which are expended in foreign countries without any
advantage to this government, to which they are indebted for the protection
Absentees dou- °^ their property ; Be it therefore enacted by the authority aforesaid, that
ble taxed. every person holding, or being entitled to, any taxable property in this
State, who resides without the limits of the United States, shall, for the
use of this State, pay a double tax on their estate and juoperly ; whicli
tax and assessment the tax collectors throughout this State are hereby re-
quired to exact and recover from every such ]ierson : Provided, never-
theless, that nothing herein contained siiall be construed to extend to the
property of any person sent, or hereafter to be sent, abroad in the enij)loy-
ment of this Slate or of the United Stales, until one year after the expira-
tion or detenniuatioii of liis commission, or to the property of any young
man sent abroad for his education, until he attain the age of twenty-three
years, or to the property of any person now absent from the United Slates,
unless sucli person shall he absent for one year.
V. And be it further eixictrd by the authority afore.said. That the en-
ComponsRtion quirers, assessors and collectors, appointed by law, shall, for their services
„ii",TIll'^T.'_ in the discharge of their duties, receive, on closinc tlieir accounts with thn
commissioners of the treasuiy, five pc^r centum, except the parishes of
St. Philip and St. Michael, who are to receive 'l\ ytv centum, on tho
amount of taxes collected by them, to be allowed anil paid to the several
tax collectors.
VI. yln</ if /Vyj/r/Z/^Tc/irtc/cc/ by tlie authority aforesaid. That the asses-
Returnsor sors, enquirers, and collectors respectively, shall liej;intheir eiu|uiry on the
to bo made. first day of February next ; and that where all the collectors who were ap-
pointed for any parish or county are dead, and the tax returns ih)I closed
with the commissioners of the treasury, the collector who shall thereafter be
appointed is hereby directed and ordered to demand receipts or to admin-
ister an oath, or to procure other satisfactory ]iroof, from the persons of
the county or ]>arish, that he or they had paid thi-ir taxes for the jjiecedini;
years, in order to discover their taxes still due, ami to enable the jndilic to
eiscertain what sums of money arc due by the estates of deceasetl col-
lectors ; and should the executors or administrators of the deceased collec-
tors refuse to produce the accounts of the deceased, or to cive infoinialioti
on the suhje(;t, tlie c/immissioners of the trcxsui")' are hereby ordered lo put
the law iu force against the estates of the ileceased collectors.
OF SOUTH CAROLINA. 299
VII. And be it further enacted hy the authoiity aforesaid, That tlie A.U.ITUO.
assessors and collectors appointed by law shall do and perform all and ^-^'^'"""^.^
singular the duties appertaining to their office, as described in an Act Ihuy of tlie
entitled "An Act for declaring the powers and duties of the enquirers, ^j'J'J'^^^"''^"^'""'
assessors and collectors of the taxes, and other persons concerned there-
in."
VIII. And he it further enacted by the authority aforesaid. That the com-
missioners of the treasury he, and they are hereby, directed to furnish Treasurers to
copies of this Act to each of the assessors and collectors appointed by law, furnish copies
throughout this State, within one month after the passing this Act, and their "
reasonable expenses incurred thereby shall be reimbursed.
IX. And be it further enacted by the authority aforesaid. That all per-
sons any wise liable to pay the taxes hereby imposed, shall, on the li'st yj^^ ^,-p„^..
day of February, 17'J7, give in a just and true return of the quality and ment of taxes.
quantity of lands and slaves, as directed to be taxed by law, either
in his, her or their own right, or in the right of any person or persons
whatsoever, as guardian, executor, administrator, attorney, agent or trus-
tee, or in any other manner whatsoever ; and shall, on or before the first
day of April, in the year of our Lord one thousand seven hundred and
ninety-seven, pay in their taxes to the assessors and collectors a])pointed
by law for the parish, county or district where the paity making such
return, either by himself or family, resideth the greater part of the year.
And that the said assessors and collectors shall pay the same, and settle
their accounts with the treasury, on the first day of June, which will be in
the year of our Lord one thousand seven hundred and ninety-seven ; any
law, usage or custom to the contrary thereof in any wise notwithstand-
ing.
X. And whereas, it will be beneficial to the State that the interest ac-
cruing on the paper medium should be appropriated towards defraying
some part of the expenses of government ; Be it therefore enacted by ihe-*-!'?™?"*"""*
authority aforesaid. That all the interest of the paper medium issued by
virtue of an Act passed the twelfth day of October, one thousand seven
hundred and eiglity-five, now due. or to grow due on or before the first
Wednesday in March next, is hereby appropriated to make up any de-
ciencies of the money to be raised by this Act.
XI. And he it further enacted, by the authority aforesaid. That the
instalment of the said paper medium which will be due on the first Wednes-
day in March next, shall not be required to be paid as directed by the Act The paper me-
entitled " An Act for raising supplies for the year of our Lord one thou ^g^'^'idy "" '"
sand seven hundred and ninety-three," but shall be paid on the first
Wednesday in March, which will be in the year one thousand eight hun-
dred and two: Provided always nevertheless, that no person shall be
entitled to the benefit of this clause who shall not give an additional secu-
rity, if required by the treasurer of Charleston, in all cases where he is
not fully satisfied of the sufficiency of the former security, and in all cases
where default has been made in paying what has heretofore been due, or
which shall be made in paying the interest to grow due in March next.
XII. And be it further enacted by the authority aforesaid, That
nothing shall be received by the treasurers in payment of the taxes herein ^^'h"!' »hall bo
before directed to be raised, but silver and gold coin made current in this ^^xee.
State, and the paper medium issued by the authority of the Legislature, or
bank paper redeemable in the first instance with gold and silver at the
bank of the United States, the branch thereof in Charleston, and the bank
of South Carolina, or certificates for the pay of the members of the Legis-
lature, and of the Solicitors, for their attendance thereon.
:)on
STATUTES AT LAIUiE
A.l). l.9f>. XIII. And whereas, enonnoiis tracts of land within the State have
^^^''^"'"^'^ hitely l>een sold in the Northern States and in foreign countries, and the
Land owned hy owners thereof are supposed at (ireseiit to pay no tax whatever; Beit
Se State""" *^^^^^fo^'' infcted by the aulh(jrity aforesaid, Tliat it shall be the duty (if, and
is hereby enjoined on, all tax collectors and assessors, to enquire for all such
land, and demand the tax and arrears of tax to which it may be liable by
this and the former Tax Acts, and to report to the Legislatuie at their next
meeting the result of all the information they may obtain relative to ihe
same.
XIV. And he it further enacted by the authority aforesaid. That in case
no tax nor arrears of tax shall be paid to the lax collectors and assessors,
on land as above described, previously to the time of payment of the gen-
eral tax, in the year one thousand seven hundred and ninety-seven, then the
tax collectors are enjoined strictly to enforce the law.
XV. And be it further enacted by the authority aforesaid. That all persons
whomsoever, who have been or shall be appointed enquirers, assessors and
_ collectors of the taxes of this Stale, and who have neglected or refused, or
lectora. shall or may neglect or refuse, to give bond, with approved security, for
the faithful discharge of their and each of iheir respective offices, in the
manner and form directed and required by the second and third clauses of
an Act of the General Assembly of this State, pa.ssed on the twenty-
seventh day of February, in the year of our Lord one thousand seven
hundred and eighty-eight, entitled "An Act declaring the powers and duties
of the Enquirers, Assessors and Collectors of the Taxes, and other persons
concerned therein," and who have neglected or refused, or shall or may
neglect or refuse, fully to discharge and comply with all other duties and
requisites mentioned, contained and required in the said Act, or in this
Act, or in any other heretofore passed, each and every such entjuirer, as- .
sessor and collector shall vacate his or their appointment, and the Governor
or Cornmander-in-chief for the time being is hereby authorized and direct-
ed to appoint other fit and proper person or persons in his or their stead,
who, on his or their giving bond in the sum of five thousand dollars, with
sufficient security, to be taken and approved of in the manner and form
directed and required in the second and third clauses of the aforementioned
Act, and complying with the other requsites therein contained, shall do, per-
form and discharge all the duties required to be done by the enquirers, asses-
sors and collectors of the taxes, and shall continue in office until the next
meeting of the Legislature after such appointment. Provided neverthe-
less, that until the first day of June is hereby given and extended to all
enquirers, assessors and collectors of taxes now in office to perform and
discharge the conditions and requisites aforementioned and declared.
XVI. And he it further enacted, by the authority aforesaid, That if any
enquirer, assessor and collector of taxes now in office shall, after the first
day of June aforesaid, or if any hereafter to be appointed shall, presume to
enter upon or exercise the duties of his or their office, without having
fully complied with this and the aforementioned Act or Acts, every such
person or persons so offiiiidiHg shall forfeit the sum of five thousand dol-
lars, to be sued for and recovered by either of the comiflissioners of the
treasury, as the case may be, for the benefit of the State, or by any other
person or persons who for his, her or their own benefit sue for and recover
the same.
XVII. .4»irf if ?>_/j/rMfr fnac^w/ by the authority aforesaid. That John
i. L. Oervan J^e\vi9 Gervais, Esq. be, and he is hereby cimtinued, commissioner of the
continued m ... i <• i ■ i <• i i • • r
oeScc. public accounts and ot loans, to the end ot the next meeting and sitting ol
the General Assembly, with all the powers heretofore annexed to these
OF SOUTH CAROLINA.
301
offices respectively, and to perform all the duties heretofore imposed on A. I). 1796.
him by any law heretofore passed. v.^'-v^^/
In tlie .Senate, iho iwentieth day of December, in the yeur of our Lord one thou-
sand seven hundred and ninety-six, and in the twenty-first year of tlie Independence
of the United Stales of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
ESTIMATE
Of supplies icanted for the support of Government, for the year one thou-
sand seven hundred and ninety-seven, and to discharge demands incurred
in the year one thousand seven hundred and ninety-six.
SALARIES, AS SETTLED BY LAW.
DOLLARS.
The Governor, ....... 2,572
Secretary to the Governor, ---... 430
Four Judges of the Superior Courts of Law, each at $2,572, - - 10,288
Two Judges of the Court of Equity, each $2,144, . - . 4,288
Attorney General, for giving advice lo the Governor and other public officers,
in matters of pubhc concern, in addition to his other duties, - - 860
Three Circuit Solicitors, each $430, ..... ],-290
Treasurer in Charleston, for salary as Treasurer, and for transacting the business of
the Loan Office, and Clerk, ..... 2,658
Treasurer in Columbia, for his salary, .... 1,290
Clerkofthe Senate, and Clerk of the House of Representatives, each $1230, • 2,460
Clerk of the Treasurer in Columbia, - - . . . 400
Two Messengers, each $216, ...... 432
Two doorkeepers, each $216, ..... 432
Keeper of the State House at Columbia, ..... 130
Arsenal keeper and Powder receiver in Charleston, - - . 216
Ditto ditto at Abbeville Court House, - - 86
Transient poor, .-.-... 4,280
State Printer's salary, -.-.... 686
Contingent fund, subject to the Governor's drafts, ... 4,300
Expenses of the members for the present session, .... 7,000
Commissioner for settling public accounts, for one year's salary, - - 2,144
Pilot for the bar and harbor of Georgetown, .... 322
Port Physician, ....... 430
Nine Brigade Inspectors, each $216, ..... 1,944
Clerk of the Court at Columbia, ..... gfi
Adjutant General, ....... jooo
Rev. .Mr. Dunlap, for preaching before the Legislature, ... 90
To assist in finishing the court house in Charleston, . . - 1000
Printer's bills, for extras, ...... 1000
Magazine Guard, ....... 2,750
Commission on receiving taxes, ..... 8,500
Annuities, ........ 6,000
Reimbursement of certain expenses incurred by the city of Charleston, in taking
measures of security in the Summer of Ninety-three, resolved to be paid on the
nineteenth and twenty-first December, Ninety-three, but not heretofore provi-
ded for in the Tax Bill, - - - . . 1,481'
Balance of Loan at Philadelphia, - - - - - - 3,191
302 STATUTES AT LARGE
A. 0.179". Damages done to r.ib»on's Planiation, ..... 95
^.^^"V^^fc-^ For making roatl over the mountains to Tennessee, • - - 2,000
For the expenses of printing repot ta of cases adjudged in tlie courts of law, by
Judge Bay, ....... I.tKW
Contribution for the relief of the sufTerers by tire in Savannah, - • f>,OtX)
Contingent accounts, ....... IG.OOO
For finishing a Court House and Gaol in Cberaw district, . - • 1,700
Id the Senate House, the tweulietb day of December, in the year of our Lord one thou*
sand seven hundred ami ninety.six, und in the iwenty-Hrst yciirnf the liidepcndcnco
of Che United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Sjieaker of the House of ReprcseHtathts.
No. 16G0. AN ACT for estaWisliing a Mutual Insurance Company in Charleston.
(Passed December 16, 1797. See last volume.)
No. 1661. AN ACT to avthorizej the Secretary op this State to dkhver
OUT Grants of Lands, surveyf.d prkviois to the year 1792.
WHH^REAS, sundry inliahitunts of this State have petitioned the
Legislature, setting forth that they are entitled to certain lands, surveyed
I'rcamble. previous to the year one thousand seven hundred and ninety-two, subject
to the payment of a bounty, but for which tlie Secretary of State does not
conceive himself at liberty to deliver out grants ; and ])raying relief:
1. Be U therefore enacted, by tlie honorable the Senate and House of
Representatives, now met and sitting in CJeneral -Vssembly, and by the
Secretary to authority of the same, That the Secretary of this State shall, and he is
dclivcroutccr- ,,•',.,, . , i ,• "^ , , . , .
tain grants of hereby authorized and required to, deliver out to the persons, their heirs
'•"••J- or assigns, for whom surveys of lands were made, and duly returned, pre-
vious to the first day of January, in the year one thousand seven hundred
and ninety-two, for any number of acres not exceeding six hundred and
forty acres, grants of lands so surveyed and returned as aforesaid, upon
receiving from such persons, their heiis or assigns, the legal bounty and
fees due for the same. Provided nevertheless, that this State shall in no wise
be held to warrant to such grantees the lands .so granted, against the claims
of others, or to refund any sum or sums of money which may be paid upon
receiving such grants ; pniviiled iievertliclcss, th:it whenever any grant,
not exceeding six bundled and forly acres, shall he applied for, ])reviou8
its being taken out the person or ])ersons who shall receive and take out
the same, shall, before the delivery thereof, declare on oath, that the lands
specified in the said grant or grants arc truly and in reality a])plieil for by
the person or persons in whose favoi the same is to be granteil ; or that
the said land had been in part cultivated for one year ; and that no person's
name had been borrowed for obtaining the said lands.
OF SOUTH CAROLINA. 30
II. A/id be if furtlier inactcd by the authority aforesaid, That the A. D. 1797.
Secretary of this State is hereby authorized to deUver to Christian Faust '^-^"'''"^•^
a grant of six hundred and forty acres, being part of a grant to Thomas ^fant to C.
Cargill for nine hundred and twenty acres, in Winton county, on pay-
ment of the bounty money and fees.
Ill the Senate House, the sixteenth clay of December, in the year of our Lord one thou,
santi seven hunilred and ninety-seven, and in tiie twenty-second year of tlie Indepen-
dence of the United Slates of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Sjwker of the House of Representatives.
AN ACT concerning the Cavalry and Artillery of this State, and for JJo. 1662.
other purposes therein mentioned.
(Passed December 16, 1797. See last volume.)
AN ACT TO COMPEL ALL DISTRICT SHERIFFS OR ProVOST MaRSH.^LS, No. 1663.
HERETOFORE APPOINTED IN THIS SxATE, OR THEIR REPRESENTATIVE.S, TO
LODGE IN THE OFFICES THEREIN MENTIONED, THE BoOKS OF THEIR
RESPECTIVE OFFICES.
WHEREAS, great inconvenience has arisen, and many persons ma-
terially injured, by reason that the books kept in the offices of the several
sheriff's and provost marshals heretofore appointed in this State, for the Preamble,
purpose of registering the transactions of said offices, are not accessible to
the parties interested in those transactions : and whereas, it is highly expe-
dient that some measure should be adopted, in order to render the said
books accessible to the parties interested :
I. Be it tlierefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the .
authority of the same. That it shall be the duty of the sheriff' of Charleston Charleston dls-
district to apply to the persons who have heretofore exercised the office oftrictto apply
provost marshal, previously to the twenty-ninth day of July, in the year of'° all former
our Lord one thousand peven hundred and sixty-nine, or to their repre- their books,ifcc.
sentatives, for all the books that have been kept in their respective offices,
for the purpose of registering or entering the transactions of said offices,
to wit : the writ book, execution book, sale books, receipt books, or any
other books or papers, by whatever name the same may be called, that
contain a register or entry of their transactions as provost marshal.
II. And he it furthcn enacted by the authority aforesaid. That it shall
likewise be the duty of the sheriff" of Charleston district, and the sheriff's of ?'']'''■ j''*'""^
I ,,..•', , 1 o • 1-1 1 1 to do the same,
the several districts throughout the State, in like niaiiiier, to apply to the
persons who have exercised the office of sheriff' in their respective dis-
tricts, since the said twenty-ninth day of July, in the year of our Lord one
304 STATUTES AT LARGE
A. D. 17;ii . thousand seveu hundreil and sixty-nine, or their representatives, for all the
books that have been kept in their respective offices, as above particularly
enumerated.
III. And be it further enacted by the authority aforesaid. That upon
iiie"book""how ''^'^^'P' "f ^ll or any of said bjoks or papers, the same shall forthwith be
tn dispose of lodged in the offices of the several sheriffs respectively, to whose offices
them. the same may have reference. And in such cases where the aforemen-
tioned sheriff or provost marshal, or their representatives, shall conceive
or deem it necessary to retain in their own hands the books or papers above
mentioned, as evidence of their transactions, or for any other cause, the
sheriffs aforesaid shall, and they are hereby required in all such cases to,
make out and record in their offices respectively, fair and full copies of
all such hooks and papers appertaining to the same, returning the originals
to the parties requiring the same.
IV. And be it further enacted by the authority aforesaid, That if any
Penalty for re- sheriff or provost marshal as aforesaid, or their representatives, shall
fusing to delii-- fefusg q^ neglect to deliver up to the several sheriffs herein mention-
papers. ^'^' o" or ''efore the fii-st day of July next, the several books and pa-
pers, as before mentioned, he and they shall forfeit and pay the sum of
two hundred dollars; one fourth part thereof to the benefit of such person
or persons as shall sue for and recover the same, and the rest to the State.
V. And be it further enacted by the authority aforesaid. That in such
^T:!",?^' cases where the aforementioned books and papers, from accidents bv tire,
cced in case i /t> » i , i ,■ i "i
books have or Other sumcicnt cause, cannot now be found, to be delivered up as here-
'"'*'"'"'"'y*^- in directed, the ])articular circumstances occasioning such inability shall
be fully stated by affidavits of the several persons who have heretofore ex-
ercised the offices of the provost marshal and sheriffs, or their representa-
tives, in all which cases the penalties hereby inflicted shall not attach.
Expenses to be ^I- And be it further enacted by the authority aforesaid. That the
paid by ifie expenses which may attend the recording of the books and papers herein
'"■ mentioned, be paid from the public treasury.
tn (lie Senate House, the sixteenth day of December, in tiie year uf our Lord one
thousand seven hundred and ninety-seven, and in the twenty-second year of llie Inde-
pendence of the (>nitcd .States of America.
DAVID RAMSAY, Pre.udent of the Senate.
ROBERT I5ARN\VI;LL, Sjieaker of the House ,f Repreaentuttre.i.
No. 16G4. AN ACT to amk.nd a\ Act entitlkd " An Act for the abolition of Uic
Rights of Primogeniture ; for the giving an equitable distribution of t/ie
estates of intestates ; and for other purposes therein mentioned," passed
the nineteenth dav of FEimtAuv, in thf. year of ouk Loud one
thousand seven hundred A.ND NINETY-ONE ; ALSO FOR REGULATING
Sheriffs Sales.
WHEREAS, it hath been adjudged by the courts, upon the construc-
Preamblc. tion of the afore-said A<-t, that in canes in which jieroons die intestate, leav-
ing no wife or children, or lliifjil dcscendaiil, but leaving father or mother.
OF SOUTH CAROLINA. 305
although such intestate also leave brothers and sisters, or brother and sis- A. D. 1797.
ter, or brothers or sisters, one or more, that the father or mother is entitled ^^^''^'"^^-^
to teceive the whole estate, to the exclusion of sue!) other of his oi her
kindred aforesaid :
I. Be it therefore e/iacfcil by the honorable the Senate and House of Rep-
reisentatives of the State of South Carolina, now met and sitting in Gene- Division of es-
ral Assembly, and by the authority of the same, That from and after the tates oi iiues-
passing of this Act, in all cases in which any person shall die intestate '*'^''
leaving neither wife, child or children, or lineal descendant, but leaving a
father or mother, and brothers and sisters, or brother and sister, or brothejs
or sisters, one or more, that the estate, real and personal, of such intestate,
shall be equally divided amongst the father, or if he be dead, the mother,
and such brothers and sisteis as may be living at the time of the death of
such intestate, so that such father or mother, as the case may be, and each
brother and sister so left living by the intestate, shall each take an equal
share of his estate, real and personal : Provided always, that the issue, if
any, of any deceased brother or sister, if more than one, shall take anmngst
themselves the same share which their father or mother, if living, would
have taken ; and if but one such issue, then he or she shall take the share
which his or her father or mother would have taken if living.
II. A/Ill be it farther enacted by the authority aforesaid. That the
sheriff" of every district in this State shall, before he e.\poses any lands or*^
tenements which he may be directed to sell by virtue of any execution or
mortgage, publicly advertise the same three weeks immediately previous
to the sale day or days on which he means to expose the same for sale ;
and the sheriff' of every district in the said State shall, before he exposes
such personal property, goods or chattels, as he may be directed to sell,
publicly advertise the same fifteen days immediately previous to the sale
day or sale days on which he means or is directed to expose the same to
sale ; and such advertisements shall be in one or more of the gazettes, in
cases where the lands or other property which shall be for sale, should the
same be in the districts where gazettes are printed, and where there are
no gazettes printed, the notice or notices shall be jnil up at the court house
door, and two other jiublic places in the district, one of which shall be in
the neighborhood ofthe said property so to be sold ; any law or laws, usage
or customs, to the contrary hereof, in anywise notwithstandinR.
In the Senate Honse, the sixteenth day of December, iu tlie year of our Lord one
tituusand seven Imndred and ninety-seven, and in the twenty-second year of tlie
American Independence
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Rejrrescnlalires.
Sherifl" to ad-
ertisfi
AN ACT TO ABOLISH THE KIGHT OP TRIAL BY SpKCIAL JllRV, KXCF.PF No. 1665.
BY THE CONSE.NT OF BOTH PARTIES.
WHEREAS, the regulations for the trial of civil causes by special ju-
ries have been abused to the purposes of delay and chicanery, and the ad- '''■'^ai"''le.
ministration of justice hath been impeded by these delays, to the great dis-
couragement of credit : for remedy thereof,
I. Be it enacted, by the honorable the Senate and House of Repre-
VOL. v.— 39.
306 STATUTES AT LAlUiE
A. I). 17'jr. scntativcs, now luel and silting in Cieneral Assembly, and liy llie autlioiity
^-^'"^''''^^ i)f tliesame, Tlial the riglit of trial by special jury l)e, and the same is
hereby, abolished, (except in the case hereinafter mentioned,) and all clau-
ses of Acts respecting the same be, and they are hereby, repealed : Pro-
Trial by special vided nevertheless, that where both pai tics are desirous of having their
jury, repealed, eause tried by a special jury, it shall and may be lawful for the judges of
the court of common ]>leas, after the common docket shall have been dis-
posed of, to try by a special jury or juries any cause or causes which the
said parties are desirous of having so tried ; and that the mode of drawing
such special juries, and trying the said causes, shall be the same as is pre-
scribed by an Act entitled " An Act to alter and amend the law respecting
juries, and to make some additional regulations to the Acts for establishing
and regulating the circuit courts," passed the twentieth day of December,
in the year of our Lord one thousand seven hundred and ninety-one.
in the Senate Houhc, the sixteenth day uf Dcceinbrr, in tlic year of our Lord one thou-
sand seven hundred and ninety-seven, and in iho (wenly-sccond year of the Inde-
pendence of (he United Stales of Aniericn.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
No. 1666. AN ACT ra ai;tiiori7.r the Tax Collfctors tiirouchout the
St.*TE to COLl.KCT ASSESSMENTS KoR THE PoOH.
L Beit enacted, by the honorable the Senate and House of Representa-
Tax collectors ^'v*^"' ^^o\\ met and silting in General Assembly, and by the authority of
lu collect as- the same, That the tax collectors in all counties where county court.s are
sessments for established, shall be, and they are hereby, authorized and recjuircil to «<)I-
lect from the inhabitants of their respective coiiiitieu, all such rates and as-
sessments as have been or may be hereafter laid, rated or assessed for the
use of the poor ; and they shall be entitled to receive as a compensation
for their services the san)e percentage as they are allowed for collecting
the public taxes; and shall have the same powers and authinity to enforce
the payment thereof, and have a right for that purpose to use the same
compulsory means and [>rocess, as are aiilhotizeil by law for cullectiiig the
public taxes ; anil they shall collect and pay such pcMir tax to the proper
officers who arc to receive th<! same, at or before the lime now ap|jointod
or hereafter to be appointed by law for ]>ayiin; the general tax into the
public treasury ; ami in case of any default, shall bo liable to tliesame
pains and penalties as are provided by law fur any similar ilefatilt in col-
lecting atid payiiii{ iIk' general tax : l'rovidt!<l always, that the said lax col-
lectors shall be furnished with an account of the poor tax which each in-
habitant is liable to pay to him, at least one month before the time appoint-
ed for making returns of the public tax.
II. And lie it liirthrr rninlrd by the authority aforesaid. That in all ctwes
Their pnw.ri where the tax collectors in such |)ai1s of this Stati; where county courts
und coni|>»nsn. are not established, may b.- willing toiinilerlake the same duly as is jire-
"""■ scribed in tlio foregoing clans,', they, ami each of them, shall have the sanie
powers and authority ami cumniissions, and be liable, in case of any de-
OF SOUTH CAROLINA. 307
fault, to the same pains and penalties, as are provitied in the preceding A. I). 1797.
clause. ^.^""v^^^
III the Senate House, the sixteenth day of December, in the year of our Loni one thou-
sand seveix hundred and ninety-seven, and in the twenty-second year of the Sove-
reignty and Independence of the United States of America.
DAVID RAMSAY, President oj the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
AN ACT TO AMEND THE SEVERAL AcTS RELATIVE TO THE OFFICE AND No. 1667.
DUTV OF A Coroner ; and for settling the Fines to br inflicted
ON Jurors who shall fail to attknd after being dulv sum-
moned.
I. Be it enacted, by the honorable the Senate and Hou.se of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same, That when and as soon as any coroner shall be certified of
the dead body of any person supposed to have come to a violent and un-
timely death, found or lying within his county or precinct, he shall make
out his warrant, directed to al}-«r any of the constables of the county or
precinct where such dead body lies, requiring and commanding them
forthwith to summon as many of the freeholders of the county or precinct
as shall be necessary to constitute a jury of twelve good and lawful men,
to appear before him at such time and place as shall be expressed in his
said warrant : And every constable to whom such warrant shall be directed
or come, who shall fail to do the duty required of him by such warrant, and
make due return thereof, shall forfeit and pay the sum of ten dollars. Also
every person or persons summoned and warned to be a juror, and failing
to appear accordingly, shall also forfeit and pay the sum of ten dollars ;
without reasonable excuse for the same, to be made unto, and allowed of
by, the coroner and a justice of the peace.
In the Senate House, tlie sixteenth day of December, in the year of our Lord one
thousand seven hundred and ninety-seven, and in the twenty-second year of the In-
dependence of the United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the Hovse of Representatives.
AN ACT to increase the price of License io Hawkrks and Nc 1668,
Peddlers.
WHEREAS, the license imposed by the Legislature of this State on ,, ^
hawkers and peddlers, has by experience been found to be too small :
I. Be it therefore enacted by the honorable the Senate and house of Rep-
resentatives, now met and sitting in General Assembly, and by the au-
308 STATUTES AT LARGE
A. 1». I7'J7. thoiity of the same, That from and after ihe first Jay of January, one ihou-
^■^'"^''"^'^ suiul seven huiiilred anil nincty-ciglit, no hawker or peddler shall l)0 al-
lowed to expose any £;oods, wares or merchandizes to sale in any part of
, . ., this Slate, untd he shall have prf)cnred a license in his own name from the
kere and ned- treasurer thereof, to expose such goods, wares and merchandizes to sale ;
dicrs increased, and the said license shall not bo transferred so as to give any agent or de-
puty the privilege of selling under the said license : And that the said haw-
ker or peddler shall pay for such license, for the support of the govern-
ment of this State, the sum of two hundred and fifty dollare per annum,
to be collected in the same manner as the said license is now liable to he
collected by an Act imposing such license on hawkers and peddlers.
II. And he itj'urllnr enacted by the authority aforesaid, That if any haw-
ker or peddler shall presume to expose any gootis, wares and merchandize
hcnoli^. to sale, contrary to the intent and meaning of this Act, he shall, for every
such offence, forfeit and pay to the treasurer aforesaid the sum of five
hundred dollars, to be collected as aforesaid ; one half to the informer, and
the otlier half to the use of the State, to be recovered in any court having
competent jurisdiction.
III. And be it Jur//ier enacted by the authority aforesaid, That no two
or more peddlers shall be suffered to e.vpose to sale any such goods, wares
or merchandize under one and the same license, under the forfeiture, pains
and penalties aforesaid.
In Ihe Senate Huunc, llip eixiociitli dny uf tlicriiilior, In ilie vi-ar nf our Lord 0110 ilmu-
eand seven hundred and ninely-Hevcn, and in llio iwonly-BCCond year of the hidc|ien-
dence of the United Slates of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Represen/ut ties.
No. 1660. AN ACT ■tit »ispen.^i: wrni the fkequent s\vkari.\(; m- Jriioiis i.n
civil. cAiisi;s.
WHEREAS, the present mode of administering oaths to the jury on
every separate trial is highly unnecessary, and not becoming that sidenini-
ty with which all oaths ought to be adniinislcred :
L Be it thvnfore evncted by ihe honorable the Senate and House of
Rejirescntatives, now met and sitting in tieiiernl .Assembly, and by \\v
authority of the same. That from and after the passing of this Act it shall
be lawful for the several clerks of the districts courts and of the county
courts throughout this Slate, nml they are hereby recpiireil. In adminisler
but one ii;ith to eiich jurymnn in the court of common pleas, to try all cau-
ses whi<-.h shall come before him for trial during the sitting of the court.
In th<' Sfcintr Honar, the Hixicenlh day of I)eceinl>er, in the year of our Lord one ihnn-
•nnd seven liundred iind nineiy-»even, and in llie Iwcnly woond year <if the Indepeit-
ilence of ihe Ignited ."SinieK of Anieriia.
DAVID RAMSAY, President of the Senate.
ROBERT MA RN WELL, Speaker ff the Jluiue if liipresentatiect.
OF SOUTH CAROLINA.
AN ACT to declare more explicitly the powers of the City Council No. 1670.
of Charleston, as to the sale and re-sale of certain Public Lots on
East-Bay-Street continued ; and for other purposes therein men-
tioned.
(Passed December 16, 1797. Sec last volume.)
AN ACT TO CEDE TO THE UnITED StATES THE JURISDICTION OVEU A No. 1671,
CERTAI.N TKACT OF LAND, ON NoilTH IsLAKD, WHEREON A LiGHT HoUSE
MAY BE ERECTED.
WHEREAS, the Congress of the United States, on the twenty-first day
of February, in the year of our Lord one thousand seven hundred and Preamble,
ninety-five, passed an Act authorizing the erection of a light house near
the entrance of Georgetown harbor, in this State ; and Paul Trapier, Esq.
having made a gratuitous conveyance, in fee simple, to the use of the Uni-
ted States, for tlie above purpose, of a certain tract of seven acres of land,
situated on North Island, butting and bounding to the eastward on the sea,
to the west and north by lands belonging to the said Paul Trapier, and to
the south by Winyaw bay ; and whereas, an Act of the Legislature, pass-
ed the nineteenth day of December, in the year of our Lord one thousand
seven hundred and ninety-six, ceding to the United States the jurisdiction
over the said tract of seven acres of land, has been found to contain im-
proper restrictions :
L Be it therefme enacted, by the honorable the Senate and the
House of Representatives, now met and sitting in General Assembly, Jurisdiction,
and by the authority of the same, That the jurisdiction over the said
tract of seven acres of land, conveyed by the said Paul Trapier, as afore-
said, be, and the same is hereby, ceded to the United States : Provided
nevertheless, that nothing contained in this cession shall be construed to
exclude or prevent any process, criminal or civil, issuing from any of the
courts of this State, from being served or executed within the limits of the
said tract of seven acres of land.
H. And be it enacted by the authority aforesaid. That the Act of the
Legislature, passed the nineteenth day of December, in the year of our Act of 1796 re
Lord one thousand seven hundred and ninety-six, entitled " An Act to cede I'^^l^d.
to the United States the jurisdiction of a proper place on North Island,
whereon a light house may be erected," be, and the same is hereby,
repealed.
In the Senate House, the sixteenth day of December, in the year of our Lord one thousand
seven hundred and ninety-seven, and in the twenty-second year of the Independence
of the United Stales of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
310
STATUTES AT LAUGE
AN ACT TO AMKND TIIK LAW RESPKCTINO QUARANTINES.
1. Be it enacted, by the honorable the Senate anil House of Represen-
tatives, now met and sitting in General Assanibly, and by the authority of
the same, That upon all occasions, when the Governor or Commander-in-
eiiforeequaran-'^'"*^''*'* ''"* ''tate may deem it necessary, he shall have a rieht, and he is
tine rcgula- hereby required, at the expense of the State, to hire and employ boats and
•'°"''- small craft, and a suflicient number of able men, well armed, to be station-
ed wherever he may think fit, and to act under his directions, in order to
enforce obedience to the laws of this State, requiring the performance of
quarantine ; and also to arm such men, if requisite, with any fire arms be-
longing to this Slate.
In the Semite House, the sixtcenlli Jay of December, in the year <if our l.orJ one thou-
thousand seven hunilreil und ninety-seven, and in the Iwenly-second year oftlic Indepen-
dence oTthe Initcd Siutcs of America.
DAVID RA.MSAY, President of the Senate.
ROBERT BARNWELL, Si>e(il<cr of the House of Representatives.
No. 1673. AN ACT to ixempt the Clerk of the Citv Council, and the Clerk
OF the Court op Wardens, of Charleston, and thk Clkrks of
the Cou.ntt Courts throughout the State, prom serving- as
Jurors.
Preamble.
Clerks of the
courts exempt'
WHEREAS, the public business requires that the clerk of the city
council, and the clerk of the court of wardens of Charleston, and the clerks
of the county courts throughout the State, should uninterruptedly employ
their attention and time in executing the duties of their respective
offices :
L Be it llterifore enacted, by the honorable tlic Senate and House
of Representatives, now met and sitting in General Assembly, and by
the authority of the same. That the said officers, and their successors in
cd from servmg office, for ever hereafter shall be exempted from serving as jurors, upon
on juries. g]] juries whatever; any law, usage or custom to the contrary thereof iu
any wise notwithstanding.
In llie Senuto House, ilic sixteenth dity of Deremher, in the year of our Lord one thousand
seven hundred and ninety-seven, und in the twenty-second year of the Independence of
the I'nited States of America.
DAVID IMMSAV, President of the Senate.
IKJBERT BARNWELL, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
AN ACT TO EXPLAIN AND AMEND THE AcT KNTITLED 'Mw Act frjT fstahlish- No. 1674.
ing an easier and cheaper mode of recovering Money secured hy Mortgage
on Real Estates, and barring the Equity of Redfinption ; and for abolish-
ing the fictitious jiroceedings in the action of E/ectmcnt."
WHEREAS, under the Act entitled " An Act for establishing an easier
and cheaper mode of recovering money secured by mortgage on real
estates, and barring the equity of redemption, and for abolishing the ficti-
tious proceedings in the action of ejectment," doubts have arisen whether "'"'=''"'"'«•
a mortgagee taking a release of the equity of redemption from his mortga-
gor, can be considered as legally and fully seized of the premises mort-
gaged, inasmuch as that Act declares that the premises mortgaged are still
to be deemed the estate of the mortgagor, and only a pledge in the hands
of the mortgagee, who is not thereby vested with any legal estate, and
therefore cannot be benefitted by such a release :
I. Be it therefore enacted, by tlie honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That all releases of the equity of redemption, made
since the passing of the said Act, or hereafter to be made, shall have the
same force and effect in law as if the said Act had not been passed.
In ihe Senate House, the sixteenth day of December, in the year of our Lord one thousand
ijeven hundred and ninety-seven, and in the twenty-second year of the Inde]>entleni'e
of the United States of America.
DAVID RAMSAY, President of the Se7iate.
ROBERT BARNWELL, Speaker of the House of Representatives.
AN ACT to incorporate the Charleston Itisurance Company. "^^^ 1675.
(Passed December 16, 1797. See last volvmc.)
an act to establish an inspection of tob.acco in the town of no. 1676.
Columbia, and to add two Commissioners for the Inspection at
Camden.
WHEREAS, it has been represented to the Legislature, by the inhabi-
tants of the town of Columbia and its vicinity, that it would be very much preamble,
for the convenience of the inhabitants of the said town, and the planters of
the interior country, that an inspection of tobacco should be established in
the said town :
I Be it enacted therefore, by the honorable the Senate and House of
Representatives, in General Assembly now met and sitting, and it is hereby
enacted by the authority of the same. That an inspection and warehouse.
31-2
STATUTES AT LARGE
A. D. 1797. for the inspection and reception of tobacco, sliall he established and erected
^~'^~^^'^^ ill tlie said town of Columbia ; wliicli shall be subject to all regulations,
Injperiion,&c. restrictions and conditions, mentioned, set foith and expressed in and by
estHblislied at an Act of the Lej^islature of this State entitled " An Act for regulating
Columbia. ^j^^ inspection and exportation of tobacco," passed on the thirtieth day of
March, in the year of our Lord one thousand seven hundred and eighty-
nine.
IL Be (Vy«r/^«venrtrtf<^ by the authority aforesaid. That Timothy Rives,
Commissioners Alexander Purvis, George Wade, Fienjamin Waring and Swanson Luns-
appolnted. ford, be, and they are hereby appointed, commissionei-s to fix upon the
most convenient place in the said town for the said inspection and ware-
house ; and that the said commissioners, or a majority of them, shall have
the power to choose an ins])octor for tlie said iiis|)ection and warehouse,
and to make such regulations for carrying into etlect this Act as they, or
a majority of them, shall deem necessary.
11 L Be it further enacted by the authority aforesaid. That .Tames Ker-
Two additional g], ^^y ^„ J John (vorshaw be, and they are hereby api)ointed, commission-
appointed for ers, (ill addition to those already appointed,) to fix on proper places for
Camden. tobacco warehouses, on the Wateree river, or in the town of Camden, and
to appoint inspectors for the said warehouses.
In llic Senate Huuec, tlie sixtceiitli day of Dcccmlicr, in llio M'nrof
seven hundred and uinely-acven, and in tlic twoiuy -second m
of the United States of America.
- Lord one tin
ofllielnd.-pe
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, SjKaher of the House of Ibprcicntalii-i
No. 1G77. AN ACT to ri-peai. the sevku.\l Acts therein mentioned T"
r.STARI.ISIl A Cd.MrA.W FOU CLEARING AND IMI'ROVINr. THE NAVIGA-
TION OF Pine Trkk Ckeek, and for opening a Canai. with locks,
FROM THE SAME CrEEK UP TO OR NEAR THE ToWN OF CaMDEN.
WHEREAS, Thomas Broom, Duncan McRa, Zachariah Canley, James
Kershaw and John Kershaw, in whom the free ami exclusive right to the
use and navigation of Pine tree creek is now vested by an Act entitled
" An Act to vest the exclusive right of navigating Pine tree creek in cer-
tain persons therein mentioned," [>assed the nineteeiilli day of December,
in the year of our Loril one thousand seven hundred and ninety-six, have,
by their memorial to the Legislature, set forth that they have made sonic
progress ill tlie work of iipcning the naviiratioii of llio said creek, but
that from experience and information, lliey have found the expense of pro-
ceeding with and finisliing the intended navigation will far exceed their
calculations and moans ; and that upon n more particular examination of
the .said creek, they have finind that ihe navigation thereofmiglil, by means
of a canal and locks, at no very 2;ienl additional expense, be carried up to
or near the town of Cannlcn, and become of much greater utility and ad-
vantage to the said town and the public in general : and fiirtlier stating,
that the following persons, that is to say: John Cbesnul, .lolin Adamson,
James Chestnut, William Lang, ."^aiiinel Matliis, William Langloy, Beiija-
OF SOUTH CAROLINA. 313
min Carter, Riclianl Lloyd Champion, John M'Caa, Daniel Brown, Dan ^-O. I7U7.
Carpenter, Barrel Boykin, Joseph Brevard, James English and Jonathan ^-^■~v-'«»^
Belton, being willing to promote so useful an undertaking, have agreed to
be associated with the aforesaid in the said undertaking, provided they can
be admitted upon equal and safe terms : And whereas, the several persons
last above mentioned have also subscribed and agreed to the aforesaid me-
morial, and pray to be incorporated together with the said Thomas
Broom, James Kershaw, John Kershaw, Duncan INI'Ra and Zachariah
Cantey : And whereas, the memorial aforesaid prays that the above men-
tioned Act, vesting the exclusive navigation aforesaid, may be repealed,
and that the memorialists and their associates aforesaid may be incorpora-
ted and vested with such privileges and powers as are necessary and pro-
per to enalde them to effectuate the useful puiposes of this Act: And
whereas, undertakings of this nature tend to the encouragement of indus-
try and are greatly beneficial to the public :
L Be it. there/ore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That an Act entitled " An Act for opening the nav- ^(.,g repealed,
igation of Pine tree creek, from the mouth of the said creek to the forks
thereof, near Camden," passed the seventeenth day of December, in the
year of our Lord one thousand seven hundred and ninety-four; and alsi>
the aforesaid Act entitled " An Act to vest the exclusive right of navigating
Pine tree creek in certain persons therein mentioned," passed the nine-
teenth day of December, in the year of our Lord one thousand seven
hundred and ninety-six, be, and the same Acts are hereby, repealed.
n. And be it further enacted by the authority aforesaid, That the free and
exclusive right to the use and navigation of Pine tree creek, be, and the same Certain persons
is hereby, vested in the aforesaid Thomas Broom, Duncan M'Ra, Zachariah exci'i''i^e''ri''ht
Cantey, James Kershaw, John Kershaw, John Chesnut, John A damson, to open the
James Chesnut, William Lang, Samuel Mathis, William Langley, Benjamin '^'''^^''•
Carter, Richard Lloyd Champion, John McCaa, Daniel Brown, Dan
Carpenter, Burrel Boykin, Joseph Brevard, James English and Jonathan
Belton, or in whomsoever may hereafter in their right hold or possess the
same, on the condition of their opening and keeping navigable the creek
aforesaid, and iinproving the same with a canal and locks, at their sole ex-
pense. And if shall not be lawful for any person or persons to use or
navigate the said creek or canal without paying the toll established by this
Act. And the said persons in this clause above mentioned shall and may
cause the said creek to be made navigable, and may open and continue the
navigation thereof, from the mouth thereof as high up as the forks there-
of, by means of canals, dams, locks, and clearing the obstructions in the
said creek, or in such other manner as to them shall seem most fit and con-
venient : Provided that no injury be dune thereby to the mills that are
erected below the said forks
HL And he it further enacted by the authority afiiresaid, That the said
persons whose names are above mentioned, and such others as ihey shall „
admit into the said company, shall be, and they are hereby, incorporated, co'rpom"ted. '
by the name and style of Thi; Pine Tree Creek Navigation Company ; and
by that name and style shall and may sue and be sued, implead and be im-
pleaded, in any court within this State : and that they may elect and ap-
point all necessary officers, and from time to time make such rules, regula-
tions and by-laws a; they shall think proper. Provided the same shall nut
be repugnant to or inconsistent with any law of the State.
IV. And he it further enacted hy the authority aforesaid. That the :,aid
company shall and may cause an inland navigation, bv a canal and lucks,
VOL. v.— 40.
314 STATUTES AT LAUCiE
A. i>. i/'.P7. (^ |,g inaJe and kept up, through such places as to them shall seem most
^'^'^^"^^ fit and convenient, from the said creek up to or near the town of Camden :
Provided the said company can agree witli tlie owners of the Innd through
Inland naviga- which the said canal is to be opened, for that purpose ; and tliat they and
'""'■ their successors for ever, siiall and may fix and establish, and be entitled to
take and receive, by way of toll, fur all ^oods and merchandize carried on
or through the sai<l cieek and canal, such sum or rates as the said compa-
ny shall think pro|)er to impose, nut exceeduig at any lime twenty-five pel
centum per annum on the money which they shall liaveexj)eiuled in clear-
ing, making and keeping in repair the navigation of the said creek, canal
and locks ; to ascertain wliich the books of the said company, together
with the books of the former company, shall always be liable to the inspec-
tion of the Legislature. And that the said company, oi their agents, may
stop any goods, vessels, boats or rafts, from passing on the said creek and
canal until payment of the said tell.
V. And he it fitrthcr enac/id by the authority aforesaid. That the said
Mav nurchusc company shall have power to purchase for tluMiiselves and llicir successors,
lands. for ever, such land as may be necessary for the purpose aforesaid, and as
much land at eacii end of the said canal as they may deem necessary, not
exceeding two acres.
VI. And he il further enacted by the authority aforesaid. That the said
Shall keep the company shall be obliged to keep the said creek, canal and locks, at all
works in re- times in good and snUleient order, condition and rejiair, on pain of being
answerable for any damages occasioned by their wilful jlefault or neglect.
VII. And he it further enacted by the authority aforesaid. That the
_, shares in the said comiiany shall be exempted from any rate, tax, dutv, as-
Shares exempt- . . ' ,- i- i <• " i
ed from tax. sessment or imposition whatsoever, lor the term ol twenty-one years ; and
that the said shares may be sold, transferred, assigned or beipieallied by
the proprietors respectively; and in ca.sc of their dying intestate, shall go
according to the Act of distribution, as personal estate.
VIII. And he it further endetcd by the authority aforesaid. That if any
Hcrialiv for ob- 1'^''*"" s''*!" "''"'""j' ^'i' "i"'''^''""''y "^"^ ^""^''''* <lown, damage or destroy
struciinj iho any bank, or other work to be erected or made for the jnirpose of the said
navigation. navigation, or shall throw dirt, trees, logs, or other rul)bish, into the said
canal, so as to injure the same, such person shall be answerable to the said
company for tenfold the damages occasioned thereby, to be recovered lu-
fore a justice of the peace, or any court having jurisiliction, as tlie case may
be ; and in case of his or her inabdity to pay the same, he or she shall be im-
prisoned for three months.
IX. And he it further emtrted by the authority aforesaid, That the said
comiianv and their successors, from time to time, for ever, shall be caiia-
Mnv purchaae ,,',.■.• • • i i r i • i r ii i
negroes, ic. ble ot purcliasmg, acqiiiniig, holiling and possessing, and oi selling and
disposing of, any negroes, or other goods and chattels, as well as of any
lands or real estates : Provided the same do not exceed three thousand
dollars.
X. And he il further enacted by the authoiity aforesaid, That if any
Perionn iiu<>d person shall be sued for any matter or thing done in pnrsiinnce of this
liow to plead. Act, he may plea<l the general issue, anil give this Act and the special mat-
ter in evideno! ; and on a verdict against the plaintilf, nonsuit or discontinu-
ance, recover double costs.
XI. yl/wZ Ac (/ y'tt/'Mt'/' t««cY(</ by the authority aforesaid. That this Act
OF SOUTH CAROLINA. 015
shall be deemed and taken to be a jJublic Act, and judicially taken notice •^•'»- '73''.
of as such without special pleading.
In the .Si-nnte House, the sixteenth iliiy of Ueceiliber, in tlie year of our I.oiil one lliou-
snuil seven liundrcd uiul ninely-seven, anil in tlie iwcnty-sceonil vein ol tlie luile-
pcnilenceor the United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speahcr of the House of R.eprcsentat'H-cs.
AN ACT to establish the Roads and Ferries therein mentioned ; and No. 1678.
for appointing Commissioners of the Streets and Markets in the
Town of Columbia.
(Passed December IG, 1797. See last volume.)
AN ACT TO EMPOWKR THE CoMMISSIO.NEiiS FOU ERECTING A FoRT AND No. 1679.
Pest House on the Island of Port Republic, to fix the same
ON A SMALL Island at the entrance op Port Republic Harbour
OR Inlet, A^D to make compensation to the proprietors there-
WHEREAS, John Barnwell, William Hazard Wigg and John Jen-
kins, formerly appointed commissioners to erect a fort and pest-house for
the defence and security of Port Republic harbour, have found considera-
ble difficulty in procuring a suitable and convenient place for the erection
of the said works and buildings, the public not having a property in any
lands convenient for the said purposes : And whereas, the public conveni-
ence and safety requires that situations at the inouth or entrance of said
inlet or harbour, should be appropriated for the purposes aforesaid :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the commission-
ers before mentioned shall be, and they are hereby, empowered and direct- Commissioneis
ed to fix the said works and buildings on a small island, containing about the works.
two acres of land, situated at the entrance of Port Republic inlet or har-
bour, called Moss Island, together with a small island or spit of land,
contiguous thereto, and forming the south western point of Jenkins's or
Eding's Island.
II. And he it further enacted by the authority aforesaid, That if any
difficulty shall arise in assessing the value of the land appropriated by this
Act, that then the commissioners above mentioned on the one part, and the appraised,
proprietor or proprietors of the land on the other part, shall appoint seve-
. rally two appraisers, (who in case of disagreement may appoint a fifth,)
who, or a majority of whom, shall, upon oath, value and appraise the land
at a reasonable price ; and when the value of the said land shall be ascer-
31« STATUTES AT LARUE
A. L). 1.47. tained liy llie appraisers as alxive mentioneil, llic aiiiouiil lliereof sliall l>o
^"■^'"^'^^^ paid out III" the tieasuiy of tliis State.
III. And be it furlJuT i-nacttd hy the autliority aforesaitl, Tlmt in case
the propiietors of the laud shall refuse to appoint two appraisei-s as afore-
said, the coininissioners shall appoint four, who in case of disagreement
shall in like manner have power to call in a fifth, who shall have like pow-
ers for appraising the land as aforesaid.
In the Senate Houfie, tlic sixteenth Any o( December, in the year of our Lord one thou-
siuid seven hundred and ninctv-scven, and in the t»eul.v-»eeond year of the Inde-
pendence of the United States of Ameriea.
DAVID R.VMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the Huum- ,f Ilejoesentaiires.
No. 16S0. AN ACT to ascertain what damages Rulieit Lindsay, William Turpin,
and the Estate of James Sonimers, deceased, have sustained hy
East-Bay-stieet being continued through their Lands.
fPassed December 16, 1797. See last volume.)
No. 1681. AN ACT vo test in the Lntk.nda.nt and Wari>e>8 of the Town
OF Camden for the time bking nEspECTivELY, within the saih
TOWN OF Camden, the same powers and authohities which now
ARE A.ND shall HE HEREAFTER VESTED IN THE Jl'STICES OP THE
Peace of this State.
WHEREAS, it would be convenient and useful lo vest in the inlendant
and wardens of the town of Camden for the time being respectively, witli-
ream e. ;„ the saiil town of Camden, all the powers and authorities usually exer-
cised by justices of the j)eace of this Stale :
L Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and silting in General Assembly, and by the
authority of the same. That the intendanl and warden.s of the town of
Camtlcn for the time being respectively, be, an<l the said intendant and
wardens of the town of Camden, for the tinie lieing respectively, are hereby
declared to be, justKcs of the ]>eare, to all intents and purposes, within the
said town ; ami may lawfully exercise the same ])owers ami authorities,
within the saiii town, which justices of the peace of and for any county
within this State shall and may lawfully exercise within such county, and
be subject to the same |)enallies and restrictions to which justices of the
peace of this Slate are and .--hall iie subject and liable to ; any law or cus-
tom to the contrary notwithstanding.
In th<« Senate llou*e,ihe nixleenth day of l)eremt>er, in the yenrof our Lord iinn i)iuui>nnd
Reven hnmln'd and ninely-neven, and in the Iwenly necond year of the Independenro
of the United .Statrflof America.
DAVID RAMSAY, President oft/ie Senate.
ROBERT BARNWELL, Speaker of the JIoiuc of Repretentatives.
I
OF SOUTH CAROLINA.
AN ACT FOR APPOINTING COMMISSIONERS TO RUN THE DIVIDING LINE No. 1682.
BETWEEN THE PaRISH OP St. MaTTHEW A.NU THE KLECTION DISTRICT
OP SaXE GoTHA ; POR ESTABLISHING THE DIVIDING LINES BETWEEN
Chester and Fairfield, Fairfield and Richland, and York and
Chi:sti:r counties; also appointing Commissionkrs for surveying,
laving out, and ascertaining, by metes and bounds, the bounda-
RIES OF THE TOWN OF CaMDEN.
Preamble.
WHEREAS, the dividing line between the parish of St. Matthew and
the election district of Saxe-Gotha, has never been ascertained and marked
out; by reason of which the managers of elections are frequently at a loss
whose votes to admit and receive ;
1. Be it thercfiire enacted, by the honorable the Senate and House of
Repiesentatives, now met and sitting in General Assembly, and by the
authority of the same, That Peter Oliver, William Heatly and Hugh Pari"'' lincof
Alexander Nixon, be, and are appointed, commissioners, and they, ^^'^^ markeV
or a majority of them, are hereby invested with full powers to run, out.
mark out and blaze the same, agreeably to the Act of Assembly passed the
twelfth day of April, in the year of our Lord one thousand seven hundred
and sixty-eight, entitled " An Act for establishing a parish in Berkly coun-
ty, by the name of St. Matthew's, and for declaring the roads therein men-
tioned to be a public road ;" in which said Act the parish line is desig-
nated.
IL And he it further enacted by the authority aforesaid. That the said
commissioners shall proceed in running the said line, on or before the first Surveyor to he
day of September next, and tliat they employ a surveyor for the purpose employed,
aforesaid, upon the most reasonable terms they can, to be paid by the
State ; and that the said surveyor record in the office of the surveyor gen-
eral, a plat of the said line, and deposit the original in the secretary's
office at Columbia.
HL And be it further enacted h-^ the authority aforesaid. That the line
run and marked, from the mouth of Sandy river, on Broad river, to the Dividing line
mouth of Rockey creek, on the Catawba, by the commissioners and survey- tpr'J^nd'Fair!'"
ors appointed by a resolution of the Legislature, passed the nineteenth field.
day of December, in the year of our Lord one thousand seven hundred
and ninety-six, to run and mark the same, be, and the same is hereby de-
clared, the dividing line between the counties of Chester and Fairfield.
IV. Whereas, sundry inhabitants residing on and near the borders of
Fairfield and Richland counties, have, by their petition to the Legislature of
this State, alledged, that a line, which some years ago was run as the divis-
ion line between the said counties, has heretofore been held and considered
as the division line between the said counties, notwithstanding a different
line is described by the Act passed in the year of our Lord one thousand
seven hundred and eighty-five, for establishing the limits of the different
counties of the said State ; and whereas, the said line, so described as
aforesaid, in the Act aforesaid, hath never been run out, and the inhabitants
who will be affected thereby have prayed that the old line should be estab-
lished as the division line between the said counties : Be it therefore enact- Fairfield and
cd, by the honorable the Senate and House of Representatives of the said Kichland.
State, and by the authority of the same. That the marked line, beginning
on the bank of Little river, about half a mile above the plantation of Mr.
31S
STATUTES AT LAUUE
A. I). 1797. Shaver, and running from thence a direct course to the Round Top, near
^-^^~^^~^^ Doliertie's mill, shall l>e, and the same is hereliy estaWL-shed as, the division
line between llio counties of Fairfield and Richland ; and the said Little
river, from the place where the said line strikes it, down to the mouth of it,
shall he, and the same is hereby established as, the division line between
the said counties, from the place aforesaid to Broad river.
V. And whereas, the limits of the town of Camden have never been
The town of properly defined or fixed ; Ba it therefore emicted by the authority aforc-
Cuinilen lobe said. That William Lang, James Kershaw, John Kershaw, James Ches-
laid out. „yj jj^j ^^ijnjm;! Mathis, be, and they are hereby appointed, commissioners
for the purpose of surveyins^ and laying out, at the expense of the said
town, an<l ascertaining, by metes and bounds, the boundaries of the town
of Camden, accordinij to a plan thereof laid out by the late Col. Joseph
Kershaw, deceased, commonly called the extended plan of Camden ; and
that the aforesaid commissioners do report an accurate plan of the bounda-
ries of the said town, to be laid before the next Legislature, to the end
that the same may be established by the law.
VL AiiJ. he it furlher eiuicted by the authority aforesaid. That the lino
Line between run and marked by the commissioners, beginning on a hickory tiee, on the
Chc8"er"nnc1 ° southwest side of Catawba river, about ten chains above the mouth of
York. Ferrall's creek, and nearly south eighty-eight west, by an old line, called
and known by the name of the line of the new ac<|uisition, to an ash ami
black gum, on the bank of Rroad river, on Robert Elliott's lands, run
agreeably Ui a resolution of the Legislature, passed on the nineteenth day of
December, in the year of our Lord one thou.sand seven hundred and niaety
six, be, and the same is hereby declared to be, the dividing line between
Chester and York counties.
In the Senato Uutise, the sixteenth ilay of Deceinlier, in the year of onr Lord one thoiisanj
seven hiiodrcd and ninety-seven, and in ihe twenly-necond year of ihe Independence of
the United .Stales of America.
DAVID RAMSAY, President of the Senate.
ROIiERT MARNWKLL, Sj,e„her if the Hniise of Reprrsmtalire)!.
No. 1GS3. AN ACT to establish ami incorporate a College in Pinckney District.
(Passed December 20, 1796. See Inst volume )
No. 1684. AN ACT Ti^ Ainiioiii/.i; nii: ('ommissiont.us or Coi.I'MIIia ti convkv
TWO SQU.\HES OF I.AMI TO Tlli: AcJtllCIJl.TI'BA L SoclKTV OK SoUTII
Carolina.
r.rnni lo ihe '• ^^ ''• enacted, by the honorable the Senate and House of Rcpresen-
Agriculiiiral talivi^s, now met and sitting in {teneral Assembly, and it is hereby enacted
Society. by the authority of the same. That the commissioners of ( 'olumbia bo,
and they arc hereby, authorized and directed, immediately after the pa.s8-
OF SOUTH CAROLINA. 319
ing of this Act, to convey two squares of land, in tlie town of Columbiu, to A. I». I7!i7.
the Agiicultiiral Society oftliis State, for the use of the said Society, agree- ^-^"v^^--
ably to a resolution, passed on the nineteenth day of December, in the
year of our Lord one thousand seven hundred and ninety-six.
Ill the Senate House, the sLxtceiitli day of December, in the year of our Lord one thou-
sand seven hundred and ninety -neven, and in tlie twenty-second year oftlie Indepen-
dence of the United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Spea/.er of the Home of Representatkcs.
AN ACT TO APPOINT TWO Commissioners, in additikiN to tho.se No. 1685.
ALREADY APPOINTKD, TO ERlXr A MAGAZINE AND LaIIORATORV IN
UR NKAR Gt-^ORGETOWN.
WHEREAS, it is expedient to appoint two commissioners, in addition
to those appointed by an Act of the Legislature, passed the nineteenth day p. , .
of December, in the year of our Lord one thousand seven hundred and
ninety-five, for the purpose of erecting a magazine and laboratoiy at
Georgetown :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the , , ,. .
authority of the same. That Major Samuel Wragg and Captain Benjamin commiTsroners
Trapier, be, and are hereby appointed, commissioners, in addition to the appointed,
commissioners appointed by the said Act of the nineteenth day of Decem-
ber, in the year of our Lord one thousand seven hundred and ninety-five,
and vested with all the powers given to the commissioners appointed by
the said Act.
In the Senate House, the sixteenth day of December, in the year of our Lord one
thousand seven hundred and ninety-seven, and in the twenty-second year of the Inde-
pendence of tlie United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
AN ACT TO IMPROVK AND PRESERVE THE NAVIGATION OF Ly.NCh's No. 1686.
Crekk.
WHEREAS, it has been represented to the Legislature that the mill dam
across Lynch's creek, at Effingham saw-mills, is a material obstruction to Preamble,
the navigation of the said creek, and prevents the free passage of boats and
rafts up and down the same ; and there is no sufficient slope or opening,
to admit boats or rafts to pass up and down the said creek ; to the great
320 STATUTES AT LARGE
A.I). Kur. grievance of a considerable number of the gooil citizens of this State : For
"-^""^^"^^ remedy whereof,
I. Be it emitted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same, That the owner or owners of the aforesaid saw-mills shall, within
„,_ the space of eighteen months, from and after the passing of this Act, make
to be removed and erect one or more suflicient lock or locks, m, about or upon the saul
from Lynch's ,l;in], twonty-two feet in width, so that boats and rafts may freely, at all
Creek. times, pass and repass, up or down the said creek, free of cost ; and in de-
fault thereof, any justice of the peace, to whom application shall be made,
may summon five freeholders to detennine thereon, whether the saiil lock
or locks are sutficicnt ; and also to determine, in case of default, whether
the reduction of the said dam is necessary or not.
II. And he itfuriher enacted by the authority aforesaid. That from and
Penalty. after the expiration of eighteen months from the passing of this Act, the
owner or owners of the said mills shall foifeit to the owner or owners of
any boat or raft that shall be detained or obstructed in passing up or down
the said stream, two dollars for CTcry hour's detention or obstruction, to bo
recovered by any ])er.son who will inform and sue for the same; the one
half to the informer, and the other half lo the person injured.
In the Senate House, the Kixtcenlh day of Dercmbcr, in the year nf our Lord one thousand
seven humlreil and ninety -seven, and in the twcnty-eecoud year of tlie lndf|>endenco
of the United States of America.
DAVID RAMSAY, President nf the Senate.
ROBERT BARNWELL, Speaker of the Huusc of licpracntaiires.
No. 1687. AN ACT to authorize the Treasurer in Charleston to issue th
.Ia.MES SlNKl.KR CKRTAIN CERTIFICATES OF HIS Fl'NOED StoCK.
WHEREA.S, James .Sinkler has presented a petition to the Legisla-
ture, setting forth that his habitation in Saint .Stephen's parish was lately
consumed by fire, and th.it therein were destroyed certain certificates of
his funded stock, of the following description, that is to say : one number-
ed 140, (one hundred and forty-nine,) for fourteen liuiulrcd and thirly-
Prcamhle. eight dollars and sixty cents, of six per cent, stock; Diie llmusand and
nineteen dollars and lifly-eight cents, of three per cent, stuck ; and seven
hundred ami nineteen dollatsand thirty cents, of deferred stock : cuie num-
bered 1.50, (one hundred and fifty,) for fourteen hiimired and thiriy-eiglii
dollars and sixty cents, uf six per ceiil. stock ; one thoiisiiiid and iiineleeii
dollars ami fifty-eight cents, of three per cent, stock ; and seven liiindrcd
and nineteen dollars ami thirty cent.'?, of deferred stock ; one nimibcivil
l.Ol, (one hundred ami fifty-one,) for fiitirteen liundretl andtliirly-eiglit did-
lars and sixty cents, of six per cent, stock ; one thousand and nineteen
dollars ami fifty-eight cents, of tliiee per cent, slock ; and seven hiindied
and nineteen dollars and thirty cents, of deferred stock ; r>nc numbered
l.'>2, (one hundred ami fifty-two,) fur fourteen humlreil and thirty-eight
dollars and sixty cnnts, of six per cent, stock ; one thoiisnml and nineteen
dollars and fifty-eight cents, iif three per cent, stock ; and sevi'ii hundred
and nineteen dollars and thirty cents, of deferred slock : one numbered
OF SOUTH CAROLINA. 321
153, (one hundred and fifty-three,) for fourteen hundred and ihirtyeiglit A. D. 1797.
dollars and sixty cents, of six per cent, stock ; one thousand and nineteen -^"^^■'"^
dollars and fifty-eight cents, of three per cent, stock ; and seven hundred
and nineteen dollars and thirty cents, of deferred stock ; and one number-
ed 154, ("one hundred and fifty-four,J for fourteen hundred and thirty-eight
dollars and sixty-four cents, ofsix per cent, stock ; one thousand and nine-
teen dollars and fifty-eight cents, of three per cent, stock ; and seven hun-
dred and nineteen dollars and thirty-eight cents, of deferred stock ; and
praying that new certificates for the same amount should be issued to
him :
I. Be it therefure enacted by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au- Treasurer in
thority of the same. That the treasurer in Charleston shall, and he is^^»j'^^'™]._'°
hereby authorized and required to, issue to the said James Sinkler, his ex- cates to James
ecutors, administrators or assigns, certificates of the description above set Sinkler, &c.
forth, signifying on tlie face of them that they are given in lieu of certifi-
cates of the same denominations, which were alleged to be consumed by
fire : Provided, that before the said treasurer shall issue such certificates,
the said James Sinkler, his executors or administrators or assigns, shall give
a bond with suificient security, in double the amount of the said certifi-
cates, to save harmless and indemnify the State against the said certificates,
formerly issued and alledged to be consumed by fire.
In the Senate House, the sixteeuth day of Doceiiilier, in the year otour Lord one ihini-
sand seven liundred and ninety-seven, and in the twenty-second year of tlie Indepen-
dence of the United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Represenlathes.
AN ACT FOR OPENING THE NAVIGATION OF THE LoWEK TlIREE RuKS, No. 1688.
FROM Josi;PH Harlfy's Bridgr to Rockey Point Mills ; and for
APPOINTING Commissioners to clear out and keep Navigable the
River op Waccamaw, fhom the North Carolina line down to
THE mouth of Bull Creek.
WHERE .\S, great inconveniency is felt by the inhabitants of Winton
county, who live on and contiguous to the Lower Three Runs, in the dis- P''<=*'"''le.
trict of Orangeburgh, near Savannah liver, by reason of the navigation of
the said Three Runs being so obstructed as to prevent their carrying their
lumber and produce down the said Three Runs to the said river :
I. Be it therefore enacted, by the Senate and House of Representatives,
in General Assembly met, and by the authority of the same, That Daniel Comniissioners
Bourdeaux, Robert Bradley, Joseph Harley, senior, Thomas Enox and »PP°'"''^'} •"
Richard Wintz, be, and hereby are appointed, commissioners for the Three Runs,
purpose of clearing out the said Lower Three Runs, and opening and con-
tinuing the navigation of the same from Mr. Joseph Harley's bridge to the
mills on Rockey point, lately owned by Messieurs M'Elrath and Bour-
deaux ; and that all male inhabitants from sixteen years old to fifty, living
&.. VOL. v.— 4L
w
'■^•■i-^ STATUTES AT LAlUiE
A.l> 17). witliiii two and a half miles of said Three Runs, shall In- liut>le to work
'^-^'"^ nil till.- sainc, not exceedinc; twelve days in each yeai\
II. And be <Vy«/-Mf/' p//«(7(v/ by the autlinrity aforesaid, That the coni-
Commissi<ini>ra missioncis aforesaid shall liave, and they art- lierehy vested with, the same
power lo'col- po"'!"'" a">l autlionly in assessing and collecting fines for neglect of duty
lect fines. on the inhabitants made liable as aforesaid, which are now vested in
and exercised by the commissioners of the high roads.
III. And be it further enacted l.y the authority aforesaid, That the fol-
hnving persons be, and they are hereby appointed, commissioners to clear
. . t)nt and keep navigable the river of W'accamaw, fiom the North-Carolina
g.,.,„,„i,.,l ,„ " lino down to the mouth of Bull creek, viz': John BcUame, John Fnnk
cl™rout Wac- and Charles Fullwood, from the North Carolina line down to the house of
canmw river. Joseph Dcuitts; Thomas Livingston, Henry Duranl and .Alexander Wil-
son, from the house of Joseph Dcuitts down to .Joseph Co.x's feny ; and
Aaron Harwick, William Slone and .John Green, Junior, from Joseph
Cox's ferry down to the mouth of Bull creek. Au<l all the male inhabi-
tants, excepting those below Bull creek, within six miles of said river,
and between the ages of sixteen and fifty years, .shall be liable to work
thereon, not exceeding six days each year. And the said commissioners
are herel>y vested with all powers and authority that other commissioners
are in similar cases ; and shall be liable, if they fail to carry this Act int<i
execution within eight months after passine the same, to pay a fine of
twenty dollars each, for their neglect or refusal to act.
IV. And. be it further enacted by the autliority aforesaid. That no per-
son liable to work on the above mentioned river, shall be liable to work on
any other river ; any law to the contrary notwithstanding.
in the SenAlif Huuse, the sixtecntli day of December, in the year of our Lord one thnusand
aeven hundred and ninelj-scvcn, and in ihc twentv-secoud year of the Independence
of the United States of America.
DAVID RAMSAY, President of the St-nntc.
ROBERT BARNWELL, Speaker of the Hoiim of Represnitatlvex.
No. 1689. AN ACT to ]>ermit John Butler to bring certain Negroes into this
.State from tin; State of North Carolina ; and to relieve John .Fames
from the pains and penalties of an .Act jirohibiting tht! importation
or bringing into this State Negro Slaves, as far as the same may
respect throe Negroes bought and sent into this State by him.
(Passed December 16, 1797. See last rofume.)
No. 1690. ^^ ACT roil orFNiM; rnr. Navigation of Saltida Rivf.ii.
I. Be it enacted by the honorable the Senate and House of F{ep-
rcsentativeB, now met and sitting in General Assembly, and by the
authority of tho same. That Godfrey Drchr, Thomas Willoughby Waters,
»
OF SOUTH CAROLINA. 323
Oswell Eve, James Caldwell, William CakUvell ami William Anderson, A.D.I7'.>7.
be, and they are hereby appointed, commissioners for the pnrpose ot" ^--^^'^^^'^-^
clearina; out and making navigable Saluda river, as far up as the island ford :
That iienjamin Mitchell, Samuel Rosamond, James Cteswell, John Watts, named to clear
David Anderson, Reuben Nash anil Robert Pollard, be, and they are fialuda river,
hereby appointed, commissioners for clearing out and making navigable
the said river, as far as the Old Indian Boundary Line ; and that William
Holbert, William Nicholson, Robert Easeley, Benjamin Arnold, William
Tiiurston and Elias Earle, be, and they are hereby appointed, commission-
ers for clearing out and making navigable the said liver, as far up as M'-
Elhauy's ford.
II. And he it enacted by the authority aforesaid. That the said commis-
sioners shall have power to make navigable the said river, by means of ji„j. ^u^^,,
dams, locks, canals, or such other means as they may find necessarj' ; and l-n-kt-, uml open
that they be empowered to open and keep open s'jch roads as they may '"■" '""' ^'
deem necessary to the said navigation.
III. And be it further enacted by the authority afoiesaid, That after the
opening of the said navigation, the said commissioners shall keep the same
in good and sufficient repair, order and condition ; and that if any person iNuvioaiiou not
shall wilfully and maliciously break down, damage or destroy any bank oi- "^ '"' "hstruct-
other work, erecting or to be erected for the pnrpose of the said naviga-
tion, or throw into the said river any dirt, trees, rubbish or other matter, to
obstruct or injure the said navigation, he shall forfeit to the said commis-
sioners ten times the amount of the injury done.
IV. And }>e it further enacted by the authority aforesaid. That tlie said
commissioners shall have power to raise subscriptions or establish a h'tte- j j,"-*',™'^'^. """"
ry, the profits of which shall be appropriated for the purpose of more ef- sci'iptiou or
fectually carrying into effect this Act, the amount of which shall not exceed '""•^O-
ten thousand dollars.
V. And be it further enacted by the authority aforesaid. That all male
inhabitants liable to work on public roads, living within eight miles on each Those residing
side of the said river, shall be bound and liable to work thereon whenever witliiu three
they shall be called out for that pur[)Ose, for any time not exceeding six "j^f ^U^'J^j^"^
days in each year ; and that the said commissioners shall have and exer- work.
cise all the powers, privileges and authorities for carrying into effect this
clause, as are vested in the commissioners of the roads ; and that the said
inhabitants shall be liable to the same pains and penalties upon failing or
neglecting to work upon the said river, as they would be ujion failing or
neglecting to work upon the public roads : and that the same pains and
penalties shall be recovered in the same manner as if they had been in-
curred for failing or neglecting to work on the public roads : Provided al-
ways, that the same commissioners shall give six days previous notice of
the time that such persons so liable shall attend.
VI. \nd. be it Jurther enacted hy the a.\ithority aforesaid, That the said Free naviga-
river shall be free to be navigated by all and every person or persons ''""•
whomsoever, who shall wish to navigate the same.
Jn the Senate House, the sixteenth day of December, in llie year of our Lord one thou-
sand seven hundred and ninety-seven, and in the twenty-second year ol'iho Indepen-
dence of the United States of America.
DAVID RAMSAY, President of the Senate.
EOBERT BARNWELL, Sj>eaker of the House of Representatives.
STATUTES AT LARGE
No. 1691. AN ACT to iiicorporale tlie Spartunbiirgli Pliilaiitliropic Society.
(Passed December 16, 1797. Sec last volume.)
No. 1092. AN ACT TO RMSK. SUPIM.I1;S ANU to MAKK AIM-KOPHHTIONS l-'OK Tin:
YEAR ONE TUOUSA.VD SEVEN HUNDRED AND NINETV-SEVKN.
I. Be it enacteiJ, by the honorable the Senate and tlie House of Repre-
sentative.s, now met and sitting in General Assembly, and by the authority
of the same, That a tax, for the sums and in the manner hereinafter men-
tioned, shall bo raised, and paid into the public tieasury of this State for
the use and service thereof
II. And be il further emirtcd by the authority aforesaid, That tlie half
Raieoftaxaiion "'""'^ dollar per centum ad valorem shall be paid in specie or paper medi-
on lands. um on all lands granted within the State, under the several regulations
heieinafter expressed, that is to say : Class No. I shall contain all tide
swamp of the first tiualily not generally affected by the salts or freshes,
which shall be rattnl at twenty-six dollars ])er acre; all tide swamp of the
second quality, not generally affected by the salts or freshes, which siiall be
rated at seventeen dollars per acre; all tide swamp of the third ijualily,
not generally affected by the salt.s or fieshes, which shall be rated at ciulii
dollars and one half |)er acre ; all pine barren land adjoining such swamps,
or contii;uoiis tlierilo with respect to the benefit of water carriage, which
shall be rated at two dollars per acre ; all prime inland swamj), cultivated
and uncultivated, which shiill be rated at an average of thirteen dollars per
acre ; all inland swamp of the second quality, which shall be rated at eight
dollars and one half per acre ; all inland swamj) of the third <]uality, which
shall be rated at four dollars per acre; pini'. barii n lain!, adjoining or
contiguous lliinto, which shall be rated at one dollar per acre ; and all
sail marsh, or inland swamp, clearly proved to the collectois to be incaj>a-
blo of immediate cultivation, whicli shall be rated at one dollar per acre.
Class No. 2 shall comprehend all hitrh river swain|)S and low grounds,
cultivated and uncultivated, including such as are commonly calleil secoml
low grounds, lying above the flowing of the tides, and as high up tlie conn
try as Snow Hill on Savannah river, the fork of Broail and Saluda river>
on the Congaree, Graves's Ford on the Wateree, and the boundary line on
the Pedec ; the first quality of which shall be rated at thirteen dollars jier
acre; the second (piality at eight dollars and an half ])er acre ; and thetliiid
quality at four dollars per acre ; excepting such as may be clearly proved
to the collectors to bo incapalile of immediate cultivation, which shall be
assessed at one dollar jier acre. Class No. 3 shall comprehend all high
river swamp and low grounds, lying above Snow Hill, the fork of Jlroad
and Saluda rivers, (iravcs's Ford, and the oM Indian boundary line, winch
shall belated at three dollars p(;r acre. Class No. 1 shall conqiiehend
all high lands without the limits of St. Philij)'s and St. Michael's parishes,
within twenty miles of Charleston, and on John's Island and .laines'.s
Islan<l, which .shall be rated at fiiur dollars per acre. Class No. .'>
shall coniiMchcnd all laii<l^' on tin; .S,-;i islands, (.Slann's islaiul iiK'luded,)
or lying on or coutiguous to the seashore, usually cultivated, or cajiabic of
OF SOUTH CAROLINA. 325
cultivation, in corn or indigo, not within the h mils prescribed in class No. A.l). 17y7.
4, which shall be rated at four dollars per acre. Class No. 6 shall com- ^-'*'"^''""*-^
prehend all oak and hickory high lands lying below Snow Hill, the fork of
Broad and Saluda rivers, Graves's Ford, or the novv boundary line on Pe-
dee, and not included in the limits or description of the two next preceding
classes, numbers four and five, which shall be rated at three dollars per acre.
Class No. 7 shall include all j)ine barren lands not included in classes
numbered 1, 4 and 5, which shall be rated at twenty cents per acre. Class
No. 8 shall comprehend all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first
quahty of which shall be rated at one dollar and the half of a dollar per
acre ; the second quality, at one dollar per acre ; and the third quality at
forty cents per acre. Class No. 9 shall comprehend all oak and hickory
high lands above the old Indian boundary line, the first quality of which
shall be rated at one dollar and twenty cents per acre ; the second quality,
at sixty cents per acre ; and the third quality, at twenty cents per acre.
Class No. 10 shall include all lands within the parishes of St. Philip and
St. Michael, which shall be assessed in the same manner and upon the same
principles as houses and lots in Charleston, and in a relative proportion to
lands in the country.
III. And he it further enacted by the authority aforesaid, That seventy-
five cents per head shall be levied on all slaves ; the sum of two dollars per Rate of taxing
head on all free negroes, miilattoes, and mestizoes, between the ages of slaves, &,c.
sixteen and fifty years ; and the half of a dollar per centum ad valorem on
all lands, lots and buildings within any city, village, or borough ; and on all
stock in trade, factorage, employments, faculties and professions, (clergy-
men, schoolmasters, schoolmistresses and merchants, excepted) — to be
ciscertained and rated by the assessors and collectors throughout the State,
according to the best of their knowledge and information ; to be paid in
paper medium or specie.
IV. And, he it further enacted.hy the authority aforesaid. That all negroes
and other slaves who are employed on any lands leased by any person or yig,,^,^,,,^!^
persons of the Catawba Indians, shall be, and they are hereby made, lia- eil on Indian
ble to the payment of this tax. But nothing in this Act contained shall '""''^'
be construed to impose any tax upon the property or estate of any religious „
society, or of the South Carolina Society, or the Winyaw Indigo Society,
or the Fellowship Society, or of the estate of the late Doctor de la Howe,
devised for charitable purposes.
V. And he it further enacted by the authority aforesaid, That every per-
son entitled to any taxable property or estate in this State, who resides Absentees dou-
withont the limits of the United States, shall, for the use of this State, pay ^'e laxed.
a double tax on the same. But this clause shall not be construed to extend
to the property of any person sent, or hereafter to be sent, abroad in the
employment of this State or of the United States, until one year after the
expiration or determination of his commission ; or to the property of any
young man sent abroad for his education, until he attain the age of twen-
ty-three years ; or to the property of any person now absent from the
United States, unless such person has been absent for one year.
VI. And he it further enactedhy the authority aforesaid. That the enqui-
rers, assessors and collectors appointed by law shall do and perform ail and CompensHtion
sinsrular the duties of their offices, accordins; to the Act entitled " An Act ofenquirere,
,,"-,,., , 1 . P , ^ . 1 11 aeeeesors, &c.
tor declanng the powers and duties ot the enquirers, assessors and collec-
tors of the taxes, and other persons concerned therein ;" and that on closing
their accounts with the treasury, and not before, they shall receive five per
cent. OQ the amount collected, excepting the collectors of St. Philip and St.
3J6 STATUTES AT LAIUJE
A. I).17;»7. Michael's parishes, who shall receive in like nianncrtwo and a half per cent.
^■■^'^'™*^ VII. Aiul be itJ'urtJirr inuctcd by the authority aforesaid, That the asses-
„ , sors, eniiuirers, and collectors respectively, shall biM'intheir enqnirv on the
former tuxes "■"*' day ot V ebruary next ; and that where all the collectors who were ap-
to be nmdc. pointed for any parish or county are dead, and the lax returns not closed
with the commissioners of the treasury, the collector who shall thereafter be
appointed is hereby directed and ordered to demand receipts or to admin-
ister an oath, or to procure other satisiactory proof from the inhabitants of
the county or jiurish, in order to ascertain whose taxes misrht be still due,
and to enable the public to discern what sums of money miglil be due by
the deceased tax collectors ; and if the executoi-s or administrators of any
deceased ta.x collector nei.rloct or refusi- to produce the accounts of the de-
ceased, or give all the information i!i their power on the subject, the trea-
surers are hereby ordered to proceed acconling to law against the estates
of the deceased lax collectors.
VIII. And be it further cnncted by the autiiority aforesaid, That all jier-
sons in any wise liable to pay the taxes hereby imposed, shall, on the first
Time of pay- day of February ncct, give in a true and just return of all slaves and of
'the i|ualily an<l quantity of all lands, as directed or required by this Act,
which they may hold or be intitled unto, either in his, her or their own
right, or in the right of any person or pei-sons whomsoever, either as guar-
dian, trustee, attorney, agent, or executor or adniiuislrati>r, or otherwise
howsoever ; and shall, on or before the lirsl day of Ajiril ui'xt, pay in their
taxes to the collector of that parish, county or district where the party
making such return, either by himself or liis or her family, may reside the
greater part of the year. And that the said assessors aixl collectors shall
pay the same, ami settle their accounts with ihe treasury, <ui the first day
of Juno next.
IX. And be it Jurther enacted, by the authority aforesaid. That :ill ilin
. . . interest of the paper medium which shall be due on or before the tiisi
Appropnaliun. ^,r , , . J, ■ , i ,, i i • i i • i i
Wednesday ni March next, shall be, and is hereby, appropriated to make
up any deficiency of money that nuiy ha|)pen under this Act.
X. And he it fiirllier ('n«(V((/ by the authority aforesaid. That the lax
What Khali be collectors throughout the .Slate shall receive no payment of taxes but in gold
received for and silver coin made current in this Stale, the paper medium i-<siied iimler
•""'• the aulliority of the Legislatuie, bank paper redeemable in the first in-
stance with gold and silver at the bank of the United .Stales, the branch
thereof in f^'harleston, or the bank of .South Carolina, or certificates for the
pay of the menibers of the Legislature, or of the Solicitors, for their atten-
dance on the Legislature.
Xi And whereas, enormous tracts of land within this State have lately
l.anil (iwrieil (iv heen sold in the Norlherii .Slates and in foreign countries, and the owners
fhc'ti'iate'." " thereof are supposed at present to pay no tax whatever; l\e il therefore
enarled by the authority afoii'said. That it shall be the ilulv of, and it is here-
by enjoined on, all lax collectors lo emjuire for all such lainl, collect the tax
and arrears of lax ihereiui ; and if the taxes thereon, and the arrcais of
taxes thereon, shall not be fully paiil at or before the lime hereinbefore
appointed for the payment of the general lax, then the tax colleclius shall
foithwith proceed to sell the same, agreeably to lln' mode presciibed by law
for selling the properly of those who make default in paying their taxes.
XII. And he it further eiMCled by ihe authority aforesaid, Th;il the com-
Trpa«urcr« lo inissioners of the treasury shall be, and they are hereby, directed lo fiirnisli
'^'f"!,'"*' A "'*'''' copies of this Act to each of lh<' cnlU'clors appoinleil by law, ihroiighont
" '" ' • the Stale, within tuic monlh alter passim; this Act, and their reasonublo
cx]>cii:iC3 occasioned iheieby shall be reimbursed.
OF SOUTH CAROLINA. 327
XIII. And he it further enacted by the authority aforesaid, That the A. 1). 171)7.
instalment of the paper medium which will be due on the fiist Wednesday ^-^'~^''"^^^
in March ne.\t, shall not be required to be paid as directed bv the Act en-,„,
■ 1 1 ,, A A !■ • • 1- (• 1 I- T 1 1 J ""^ pnper mc-
titlen An Act tor raising supplies tor the year ot our Lord one thousand dium, when to
seven hundred and ninety-three," but shall be paid on the first Wednesday be paid,
in March, which will be in the year of our Lord one thousand eight hun-
dred and three: Provided always nevertheless, that no person shall be
entitled to the benefit of this clause who shall not give an additional secu-
rity, if required by the treasurer of Charleston, in all cases when he is
not fully satisfied of the sufficiency of the former security, and in all cases
where default has been made in paying what has heretofore been due, or
which shall be made in paying the interest to grow due in March next.
XIV. Whereas, it is expedient under the existing circumstances and
relative situation of the Lliiited States with foreign powers, that the milita-
ry establishment of this State should be placed upon the footing best adapted
to meet and repel any attack which may be made upon the country ; Be it
further enacted by the aulhority^aforesaid. That the Governor of the State Munitions of
for the time being shall be, and he is hereby, authorized and required to pur- chased,
chase or cause to be purchased for and on behalf of the State four thousand
musquets of the calibre fixed by the law of Congress, with bayonets and
proper accoutrements : for the payment of which the sum of forty thou-
sand dollars is hereby appropriated ; also twenty thousand pounds of gun-
powder, for which the sum of twelve thou.sand dollars is hereby appro-
priated ; also eighty thousand pounds of lead, for which the sum of four
thousand five hundred dollars is hereby appropriated ; which arms shall be
deposited at the arsenals of Charleston, Abbeville and Camden.
XV. And be it further enacted by the authority aforesaid. That the
sums to be raised and collected under and bv virtue of this Act shall be, , • ,.
I 1 1 • 1 1 ^ 11 • ■ ' Appropnotiop.
and are hereby, appropriated to tlie following purposes, to wit : a sum not
exceeding sixty-three thousand four hundred and fifty-seven dollars, to the
payment of the civil list as estimated in the statement No. 1 hereunto an-
nexed ; a sum not exceeding twenty-one thousand three hundred and forty
dollars twenty-one cents, to the payment of the contingent accounts and
extraordinaries as estimated in the statement No. 2. And the surplus
which shall or may remain in the treasury aftei satisfying the aforesaid ap-
propriations shall and may be applied by the treasureis as is or may be
directed by law.
ESTIMATE
Of supplies wanted for the support of Government, for the year one thou-
sand seven hundred and ninety-seven, and to discharge demands incurred
in the year one thousand seven hundred and ninety-seven.
SALARIES, AS SETTLED BY LAW.
For the Governor, ...... $2,572 00
For the Secretary to the Governor, ..... 430 00
For four Judges of the Superior Courts of Law, §2,572 each, - - 10,288 00
For Judge of the Court of Equity, $2,144, .... 2,14400
For the Attorney General, for giving advice to tiie Governor and other pub-
lic officers, in matters of pubUc concern, in addition to his other duties, - 860 00
For the three Circuit Solicitors, $430 each, .... 1,290 00
For the Treasurer in Charleston, for salary as Treasurer, and for transacting
the business of the Loan Office, and Clerk, - - - 2,658 00
For the Treasurer in Columbia, for his salary, ... - 1,290 00
328
STATUTES AT LARGE
For the Clerkof llic Scnate.antI the Clerk of ihc House of Rpiiresentalives,
$1230 each, ....--- $2,4G0 00
For I he Clerk of ihu Treasurer in Columbia, .... -HHI 00
For iwo .Alessengers, $216 cacii, . . - - . 432 00
For two iloorkeeper*, each $216, ..... -132 00
For the keeper of the State House, &c. ut Columbia, which sliall he his fixed
salary, ....... 130 00
For the Aracnal keeper and Powder receiver in Charleston, . . 216 00
Ditto ditto at Abbeville Court House, ■ . 86 00
For the Transient poor, - - . ■ . . 4,280 00
For the State Printer's salary, ..... 686 00
For the contingent fund, subject to the Governor's dran, . - 4,300 00
For the expenses of the members for the present session, . * 7,(K)0 00
For the Pilot for the bar and harbor of (icorgctown, - - - 322 00
For the Port Physician, ...... 60000
For nine Brigade Inspectors, each $216, .... 1,944 UO
For the Clerk ofthe Court of Columbia, - - - - 140 00
For the Adjutant General, ...... 1000 00
For the Rev. Mr. Dunlap, for preaching before the Legislature, - - 90 00
I'or commissions on receiving taxes, . . - . . 8,500 00
For Annuities, ....... "3o7 00
For the Treasurer of Charleston for performing the duties of the commission,
crs of public accounts, to be transferred lo him, for which purpose he is
herewith invested with all ihe powers, and enjoined lo perform all the du-
ties, heretofore directed by law respecting the commissioners of public
accounts, ..... . - 700 00
EXTUAOKDI.NARIES AND CONTINGENT ACCOUNTS.
For Prititer*a bills, for extraordinaries, ..... KXX) 00
For the Magazine Guard on C^harleslon Neck— for the establishment and
maintenance of a Guard to consist of one commissioned anil two non.com-
missioned oflicers and twelves privates, .... 3000 00
For Malachi Ford, for a negro murdered, . . - - "220 00
For contingent accounts of the lower division of the Treasury, payable by the
Treasurer in Chorlcston, ...... 63(X) 00
For contingent account.'! of the upper division of the Treasury, payable by the
Treasurer in Columbia, ....-- 7600 00
For the Gaol in Charleston, ..---. 1300 00
For Robert Gamble by a joint resolution. .... 122 00
For John Hamilton by a joint resolution, . - - . 706 00
For Wm. C. Pinckney by u joint resolution, - . . . 122 44
For James Morrison by a joint resolution, .... 122 44
For Daniel Towls by a joint resolution, - - - • C 33
XVI. Anil he it further enacted liy llic iiiilliinity aforesaid, 'J'liat the
trcasuici.s shall not licrcaflor draw atiy order orclieck, or inakc any draft
on any of the ta.\ colloctois in this State, in favor of any person liaving any
claim or demand on the treasury of this Slate ; nor shall the IrciLsurer
make payment to any person liavint; any claim on the Slate, even though
allowed l)y law and provided for iiy the Legislature, but at the treasury in
Charleston or at the Ireasuty in Oultiinhia ; and no tax collector shall re-
ceive or lake in ))aynientof taxes due l>y any person any order, draft or
check of either of the treasurers.
XVII. And he it further enacted by the authority aforesaid, That the
treasurers in Charleston and Columbia shall procure to be printed so
many blank lax returns ada|)ted lo the naliire of the taxes which the Le-
gi.slature shall from time lo time impose, b.s will be necessary under this
Act ; and the said treasurei s shall furnish each tax collector in their
OF SOUTH CAROLINA. 329
division respectively, with so many of llie said blanks as will enable him to A.D.17ns.
perform the duties required under this Act. And each and every tax col- ^-'^~'^~^^
lector shall, and he is hereby authorized and required to, demand and take
from each and every person making a tax return, two copies of such return
signed and sworn to as the law directs, to be made out on the said blanks.
XVIII. And he it further enacted by the authority aforesaid, That it
shall be the duty of each and every tax collector throughout this State, to Return of gene-
make out a duplicate of the general return which he is by law directed toral tax.
make to the treasurer, and to inclose the same, together with the duplicate
of the tax returns by this Act directed to be taken from the individuals of
their respective counties and parishes, in a packet directed to the Speaker
of the House of Representatives and sealed up ; which packet each and
every tax collector is hereby required to transmit to the speaker at Colum-
bia on or before the first day of the annual meeting of the Legislature, to
the intent that by the due examination thereof by committees to be ap-
pointed for that purpose, any improper conduct in any of the aforesaid
tax collectors may be detected. And should any lax collector fail to per-
form the duties required by this and the next preceding clause, he shall
forfeit and pay the sum of one hundred dollars, to be recovered of him by
any person sueing for the same in any court having competent jurisdiction.
XtX. And he it further enacted^ by the authority aforesaid. That it shall
be the duty of the treasurers to report to the house at their annual session penalty on de-
every instance of default in any tax collector in their divisions respective- faulters.
ly ; and to instruct the attorney general or solicitors respectively, to prose-
cute such defaulter as soon as any instance of default shall occur. And it
shall also be the duty of the said treasurers respectively, strictly to en-
force the means which they are by law authorized to make use of, to
compel the tax collectors to the due performance of their duties ; and in
case any treasurer shall fail to msdce use of such means, he shall be held
to make good any loss which the State shall sustain thereby.
In the Senate House, the sixteenth day of December, in tlie year of our Lord one thou-
sand seven hundred and ninety-seven, and in the twenty-serond vear of tiic In-
depehdence of the United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, S-peaker of the House of Re^yresentatives.
AN ACT to establish certain Roads and Ferries ; and for other purposes No. 1693.
therein mentioned.
(Passed December 21, 179S. See last volume.)
AN ACT to incorporate certain .Mechanics, Manufacturers and Handi- No. 1694.
crafts, of the City of Charleston, by the name of the " Charleston
Mechanic Society."
(Passed December 21 , 1798. Sec last volume.)
VOL. v.— 42.
S'I'ATUTES AT LARGE
No. 1695. -l-V ACT TO esaulk ihe Assigneks i>f Bo.nds, Notes or Bills, to
nKi.Nc .\crio\s for the recovery of the same, in their own .names.
WHEKEAS, many inconveniencies have been experienced from
assignees of bonds, notes or bills, not payable to order, or not negociable,
being compellable to bring suits for the recovery of monies due thereon in
the names of the obligees of said bonds, or the payees of said notes or bills :
in reint'dy whereof,
I. Be it oiac/ed, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
AsBignecsof the saiTie, That the assignee or assignees of a bond, note or liill, may, and
bonds,notes,&c jj^^ g|^g q,. ti,py may, and they are hereby empowered to, bring an action
action ill their of debt, or any other legal action, for the recovery of the same, in his,
her or their own name or names, (styling himself, herself or themselves, in
the writ to be issued, the assignee or assignees of the obligee or obligees
in said bond, or of the payee or payees of the said note or bill,) any law or
practice to the contrary notwithstanding. Provided nevertheless, that
nothing in this Act contained shall be construed to preclude any defend-
ant in such action fiom the advantage of any discounts or defence which
he or she would have been entitled unto, had the action been brought in
the name of the obligee or obligees of said bond or bonds, or payee or
payees of said note or notes, bill or bills.
Ill the Senate Hcmsc, the twenty-first day of December, in the year of our Lord one tliou-
eand seven hundred and ninety-eight, and in the twenty- third year of the Independence
of the L'nitcd .Stales of .Vinerica.
JOHN WARD, President of the Sena/c.
WM. JOHNSON, Jr. Spcakernf the House of Representalivcs.
own naineis.
No. 1696. AN ACT to revive and extend an Act entitled " An Act to prohibit the
importation of Negroes, until the first day of January, one thousand
seven hundred and ninety-nine," until the first day of January, eighteen
hundred and one.
(Passed December 21, 1798. Sec last volume.)
No. 1697. -^-^ ACT to amend an Act entitled " An Act to amend the sei-eml
Acts relating to the office and duty of a Coroner, and Jor setllins ihe/itus
to be inflicted on Jurors who shall Jail to attend, after beini; duhj
summoned."
WHEREAS, it may often prove difficult or inconvenient to the core
nets in the different parts of this Slate, lo procure a sufficient number I'l
freeholders to constitute juries of inquest :
OF SOUTH CAROLINA. 331
I. Be it therefore enacted, by the honorable the Senate and House of -A. D. 1798.
Representatives, now met and sitting in General Assembly, and by the ''-^"^^^•^^
authority of the same, That any and all free white men, of the age of twenty- persons liable
one years or upwards, as well bystanders as others, who may be convenient, to sene on an
whether they be freeholders or not, shall be eligible, and may be -sum- '°<i"^^'-
moned and compelled to serve as jurors, on any coroner's inquest that
may be necessary to be held over the dead body of any person or persons
whomsoever.
II. And be it further enacted by the authority aforesaid. That every
person summoned to attend and serve as a juror on any coroner's inquest, f''","'';^
who shall neglect or refuse to attend and serve, (if required,) shall forfeit fuiji,
and pay the sum often dollars for every such neglect or refusal, unless he
shall make a good and sufficient excuse for the same, whenever thereto
required by the said coroner.
In the Senate Htjuse, the twenty-first day ofDecember, in thcyear of our Lord one thousanil
seven hundred and ninety-eight, and in the twenty-third year of American Inde-
pendence.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speal-er of the Horisc of Representatives.
AN ACT to incorporate the Saint Andrew's Society of the City of No. 1698.
Charleston, in the State of South Carolina.
(Passed December 21, 1798. Sec last volume.)
AN ACT TO INCREASE THE NUMBER OF JUSTICES OF THE PeACE IN No. 1699.
Edgefield, Abbf.ville, Greknville, Laurens, Spartanburgh, Union
AND PeNDLF.TON CoUNTIES.
WHEREAS, it is deemed expedient to increase the number of justices
of the peace for Edgefield, Abbeville, Greenville, Laurens, Spartan- Pf«a"'''«-
•burgh. Union and Pendleton counties :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That the number of justices of the peace in Edge- Number of Jus-
field, Abbeville, Greenville, Laurens, Spartanburgh, L'^nion and Pendle- !"=^^ "' Peace
ton counties, be, and the same are hereby, increased in each of the said
counties, to the number of eighteen ; any law to the contrary thereof in
any wise notwithstanding.
[n the Senate House, the twenty-first day of December, in the year of our Lord one thousand
seven hundred and ninety -eight, and in the twenty-third year of the Independence of
the United States of America.
JCHN WARD,, President of the Senate.
WM. JOHNSON, Jr. Speaker of the House of Representatives.
STATUTE.S AT LAliUE
No. 1700. A\ ACT lo iiKiii pill all' ilic Geoigeiowii Kiie Cuinpaiiy.
{Passed I)oictiil>ci ;;i, 179S. Sir las/ vnluwi.)
No. 1701. .-lA' ,) CT Foil TlIK nKTTIMl IlKtiLLATI.N'G THE StKEETS .\NI> MaUKEISOF
TiiE Town ok Coll.mbia ; .*ND for other I'IRPOSUS thkkbi.n me.\-
TIONED.
WIIERKAS, the onimis.^ionprs of the streets aiiil markets of" the town
of Columbia have, by their petition to tlie Le^islatiire of this State, set
Preamble. fortli, that ^tic powers invested in them t>y the Act of Assembly, passed in
December, in the year of our [..ord one thousan<l seven hundred and ninety-
seven, appointing them to their office, are not sufficiently extensive and
complete, and not fully calculated for the well tjoveming and regulating
the streets and markets of the said town; and whereas, the said commis-
sioners have, in iheir said petition, prayed for the repeal of the said law:
I. Be it therefore enacted, by the honorable llie Senate and House
of Representatives, now met and sitting in tJeneral Assembly, and
Elccton to be ^^ '''^ authority of the same, That on the first Monday in April
held. next, and on the first Monday in April in every year thereafter, an
election, by ballot, for seven eonmiissioners of the streets and markets,
shall lie held at some convenient and jmblic place in Columbia; and that
all free white inhabitants of ihc said tow'n, who shall have paid a tax of
one dollar the preceding year, towards the support of government in this
State, shall be entitled to vote for the said commissioners; «nd that Simon
Taylor, Swanson Lunsford and Samuel Green, shall be, and tliey are here-
by appointed, managers for the firsi election, and are hereby directed to
conduct and manage the said election, and prochtim the same, and give
notice, in writing, to the per.vins elected, of their apjiointmcnt.
II. Be it further enacted. That the commissionei's so elected ns before
CommisBionerH ''''''^''^"^'' *l''i". <*' their first meetini;, a|>point a chairman from amoni; their
to choose a body, and shall, each of them, befiire entering on the duties of their office,
chairman nnd ,,,|j,. j|,j, following oath : " As commissioner of the streets and markets of
the town of Columbia, I will ei|ually and iiiipartially, to the best of mv
skill and ability, exercise the trust reposed in me, and will use my best
endeavoi-s to carry into efTecl the purposes for wliidi I have been appoint-
ed : So help me tiod." And the said eonmiissioners, or any three of
them, shall have |>ower hi appoint managers for each succeeding elcclioii
of commissioners of the town of Cidumbia. Anil in case of the death, rr
signalion, or removal out of town, of any commissioner, llie said coinini
sioners shall have jiower, and they are hereby direcled, lo appoint a ihiv
for, an<l managers lo conduct, the eleclioii for another coinmissioiier lo fill
such vacancy occasioned as aforesaid. And it shall be ihe duly of such
managers to give ten days noiice. at least, previous lo such election.
Vniiie.l with Ihe '"• Whereas, the juilces of It ichland county have herelolbre direcleil
•iiiiic pnwerMiw and ordered ihal llie persons liabh- lo work on llie roads, living wilhiii ihe
«.>mnii»»ionon. l„,„,„Is of Columbia, should work on the streets of the si-id town, nnd ex-
ciised them from woikim; elsc-where : He it therefore enacted. Thai the
OF SOUTH CAROLINA. 333
commissioners of the streets and markets of the saitl town shall be, anil A. D. 1798.
they are hereby, vested with all the powers, within the limits of the said ^-^''^i''"^'-'
town, that are by law vested in commissioners of the roads where county
courts are not established ; and the inhabitants of the said town shall be,
and they are hereby, excused from working on the public roads without
the limits of the said town : That the said commissioners shall have power p^^^^ ,g ^
to fine and expel all keepers of gaming tables, within the said town, from press gambling
the bounds thereof ; and to grant tavern licenses, and licenses for retailing ""'*§''''"' '"''^"-
spirituous liquors, within the limits of the said town, and to receive the'
fees for the same.
IV. A/id be it further enacted, That the said commissioners shall have
power to make, establish, and pass all such rules and regulations, within To make rules,
the said town, as they may deem proper and requisite for the promotion '^^^" " '"'"'' ^'
of the quiet and safety of the inhabitants of the said town, and for the regu-
lation of the streets and markets ; provided such rules and regulations be
not repugnant to the existing laws of the State or of the United States ;
and shall have power to impose, recover and collect, in a summary way,
before any two or more of the said commissioners, such fine or fines, on
and from any person or persons who may infringe the by-laws, rules and
regulations, passed and enacted by the said commissioners. Provided,
that no fine or penalty for one and the same offence, shall exceed ten
dollars.
V. Be it further enacted, That the said commissioners shall have power,
and are hereby directed and required, to appoint a clerk of the market ofToappoj,,,^
the said town of Columbia, who shall (in addition to any daties which by tlerk of the
the rules and regulations of the said commissioners may be imposed on '"'"^'«^'-
him) record the marks and brands of all cattle which may be butchered
and brought to the market in Columbia; and shall have such fees and per-
quisites, and such salary, as the commissioners shall deem reasonable and
sufficient.
VI. Be it further enacted. That the said commissioners shall be, and
they are hereby, vested with the right to sell any timber and timber trees, nj^,. gpn (j„,.
or other trees, growing or lying on the unsold lots and squares of land, berand timber
and on the streets of the said town of Columbia, and to restrain all persons ""''^''^'
from cutting and using the same, except under a written order from them,
or from such officer as they may appoint to take the charge and care of the
same ; and such persons as shall transgress the rules and regulations which
the said commissioners shall establish for the preserving and securing of
the said timber, shall be subject to such fines or penalties as the said cora-
missioners may impose ; provided, the said fine or fines do not, for one
and the same offence, exceed ten dollars. Provided nevertheless, that the
door-keeper, or keeper of the State-house, or such other person who shall
undertake to supply fire-wood for the Senate and House of Representa-
tives, shall not be liable to the above restriction.
VH. Be it further enacted. That the funds arising from the tax on the
inhabitants, in lieu of the working on the public road, and fines ou persons Funds, how to
keeping naming houses and gaming tables, for tavern licenses and been- be appropriated
ses for retailing of spirituous liquors, from the rent of stalls in the market,
and for recording, by the clerk of the market, the marks and brands of
cattle butchered and sold in the said market, and from the sale of the
wood and timber in the said town, and from fines and forfeitures, shall be
applied in keeping in repair the said market, and in opening and keeping
in good order such streets of the town of Columbia as they shall judge for
the convenience and utility of the inhabitants of the said town, and for the
payment of the salary of the clerk of the market, and such other officer as
334 STATUTES AT LARGE
A.D. 179". tjiey ffiay appoint to carry into effect this Act ; and tlio sui-plusage, if any,
^-^"'^'"^ shall be accounted for l>y the said commissioners, yearly, and paid over to
the triisioss of the ColiiiiiMa Academy, to he applied hy them in sucli man-
ner as they may ileem beneficial for the interest of said Academy.
VIII. Be it farther eiuu-ted, Tliat so much of the Act, passed in De-
Formi-r An cember, one thousand seven hundred and ninety-seven, which relates to
i.|iialiil. the appointing and empowering the commissioners of the streets and mar-
kets of the town of Cohimbia, shall be, and the same is hereby, repealed.
IX. And wherea'-', the inhabitant.s of the town of Cohimbia have experi-
enced great iuconvoiiienccs from the want of a public burial ground : Be
„ . , . it further enacted by the authority aforesaid. That the commissioners of
lobe lafj out. Columbia shall, immediately after the passing of this Act, lay out a piece
of ground, which shall not exceed a scjuare of four acres, and which said
lot shall be vested in the commissioners of the streets, as trustees in behalf
of the inhabitants ; who are hereby authorized, when their funds are com-
jietent tlieieunto, to erect a building thereon, for the purpose of public
worship, and that the residue of the said lot shall be fiee for all the inhabi-
tants to bury their dead therein, as also for the burial of all strangei-s who
may die in the said town.
Tliis n nnlilic ^' ^'^ it further enacted, Tiiat this law shall bo taken and deemed as a
Aci. public .\ct in all courts in this State, and given in evidence as such, with-
out special pleading.
tn llin Sisnnte FIousp, the Iwcniv-firet <lny of Uecemlier, in llie year of our LonI oiip
thousand seven liundrcd and ninety-eight, and in the twenty-third M'lirnt' ihi- Ituli>|u>ii.
dence of the United Slates \i( America.
.TOHN WARD, President of the. Sevate.
WM. JOHNSON, Jr. Speaker oftheHimseofRepre.ienlatiies.
No. 1702. AN ACT to establish the Boundaries of tiii: Town ok Camdkn.
WHEREAS, in and by an Act of the Legislature of this State, Wil-
liam Lang, .James Kershaw, .John Kershaw, .lames Chesnut and Samuel
Matliis, were a])pointed commissioners to survey, lay out, and ascertain
the boundaries of the town of Camden, and were diivc ted to report a plan
rrcnmhic. thereof, to the end that the same might be established by law ; and where-
as, the said commissioners have accoidingly reported a plan thereof, and
suggested that a consiilerable degree of benefit would accrue ti>thc inhabi-
tants of the said tciwn, if the limits were extended so as to include the
lands lying between I'inetree creek and the southern and eastern patt of
the town, from a post oak, near the bridge, on the Charleston road, to
where De Kalb street contimied intersects Little Pinctroe creek ; and
have riicomniended that two certain streets, the one called Wyly-street,
and the other calh'<l Mulberry-street, (rciiresenfcd by the plan annexed to
the said report,) be established as a part cif the said town:
I. Be it therefore riKirled, by tlu; honorable the Senate and House of
Representatives, now met ami silting in General Assembly, and by tho
,, , ,., authority of the same, That the plan so roliirned by the said rommission-
lloundu of ihe ■'' ,,,,,, «t ,, ' ,, i i i i
town of Cam- ers, inclurhng W yly and .Mullieriy stieets, agreeable to the said plan, lie,
'*'■"• an<l is hereby established as, the plnn of the said town. And that the
OF SOUTH CAROLINA. 335
lands lying between Pinetree creek and the southern and eastern part of '\"- I'-'S.
the town, from a post oak near the bridge on the Charleston road, to where ^-^"^''^^^
Do Kalb street continued intersects Little Pinetree creek, agreeable to
the plan returned by the said commissioners, be, and are hereby declared
to be, within the jurisdiction of the town of Camden and the corporation
thereof; so that the boundaries of the said town shall be as follows, that is
to say : beginning where De Kalb street intersects Little Pinetree creek,
thence down the old bed of the creek to a post oak on the bank of the
creek, below the bridge aforesaid, marked with three notches and a cross,
thence across the creek in a direct line north eight degrees west, until
it intersects Mulberry-street, on the west side of Broad-street, thence
along Mulberry-street, on the south side thereof, until it intersects Wyly-
street, at a post on the west side of it, thence along Wyly-street, on the
west side thereof, until it intersects Boundary-street, at a post on the north
side of it, thence along Boundary-street, on the noith side thereof, until it
intersects Mill-street, at a post on the east side of it, thence down Mill-
street, on the east side thereof, until it intersects De Kalb street, at a post
on the north side of it, and thence along the north side of De Kalb street,
to the beginning.
II. An7l be it further enacted by the authority aforesaid, That the sur-
veyor sreneral be, and he is hereby, directed to record in his office, the said ,, " ff Vlf
,, el -11 ■£•111 town to De
plan and report; and that a copy oi the said plan, ceitifaed by the surveyor recoideil.
general, be anne.xed to this law, and recorded therewith in the office of
the secretary of state, to be in future referred to, if necessary, in any dis-
pute that may hereafter arise with regard to the boundaries of the said
town of Camden.
In the Senate House, the twenty-first day of December, in the yearof our Lord one thousand
seven hundred and ninety-eight, and in the twenty-third year of the Independence
of the United States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker of the House of Representatives.
AN ACT TO PRF.VENT CERTAIN StRKETS IN BeAUFORT PROM BRING JiJo. 1703.
STOPPED OR OBSTHUCTED.
WHEREAS, representations have been made to the Legislature, by
the inhabitants of the town of Beaufoit, stating as a grievance that sundry
grants have been improperly obtained for the lands lying in front of some '^'^"' "'
of the streets in the said town ; and whereas, the parties holding such
grants have, by their petitions, stated that they were fairly obtained, and
have been bought by them for valuable considerations :
I. Be it therefore enac'ed, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That from and after the passing of this Act, the streets to be
streets in the said town, which run northwardly and southwardly, and which extended, and
extend to Bay-street, shall be, and they are hereby, continued and extended "jj'if";'^,"^'"''''
in such manner as for ever hereafter to be open and free, to the river, lying
in front of the said to\vn, and to" be at all times accessible to all persons ;
and that all the land lying directly and immediately in front of the said
streets, down to the channel of the said river, whether the same be covered
336 STATUTES AT LARGE
A. I). 1798. vvitli the waters of tlie said river or not, shall for ever hereafter be consid-
^-'^'^"'"^•^ ered as the property of, and belonging to, the said town, and shall never
be granted by any Governor of this State, or be otherwise vested in any indi-
vidual 01 individuals or any body corporate, unless it be by an Act of the
Legislature passed for that purpose. And every grant which may at any
time hereafter be obtained for any part of the said land shall be ijiso facto
void.
IL And be it further enacted by the authority aforesaid. That it shall
and may be lawful to and for the commissioners of the streets, for the time
Powers of the being, of the town of Beaufort, in tlieir own names, but for and in behalf
commissioners of the said town, to commence a suit or suits against any person or persons
claiming title to and being in possession of lands lying in front of the
streets of the said town, and claimed as part thereof ; and should a verdict
or verdicts be obtained against the said commissioners, it shall and may be
lawful for the juiy giving such verdict, and they are hereby required, to
assess the value of the said lands, with such improvements as may be
thereon at the time of passing this Act, and the said lands, with such im-
provements as may be thereon at the time of passing this Act, shall be
vested in and be considered as part of, and belonging to, the said town of
Beaufort, on payment or tender of the sum at which they shall be valued
by the jury aforesaid ; and the commissioners of the streets, for the time
being, of the said town of Beaufort, are hereby vested with full power and
authority, and are hereby required, within three months after any verdict
shall be obtained against them, in any suit commenced as aforesaid for
the purpose of trying the right to the lands abovementioned, to assess the
lots in the said town of Beaufort, according to their value respectively, to
raise the amount of the sum specified in the said verdict, together with the
costs of suit: and the said commissioners, or a majority of them, after the
proprietors of the said lots shall be cited before them, to shew cause why
execution should not issue, shall have power, if no such cause shall bo
shewn, immediately to issue execution from under their hands and seals,
or from and under the hands and seals of a majority of them, to sell the lot
or lots of such proprietors, giving thirty days notice of such sale.
In the Senate House, the twenly-firstday of December, in theyearofour Loril one thousand
seven hundred and ninety-eight, and in llie twenty-third year of the Independence
of the United States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker of the House of Representatives.
No. 1704. AN ACT to vest the powers of superintending the Public Roads of the
Counties of Kershaw, Fairfield, Chester, York and Union, in Commis-
sioners, instead of the County Courts.
(Passed December 21, 1798. See last volume.)
OF SOUTH CAROLINA.
AN ACT TO VEST IN THE ClARENDOX OrPHAN SoCIETY ALL THE No. 1705.
ESCHEATED PllOPERTY OP THE CoUNTY OF ClARE^DON, FOR THE PUR-
POSE OF ENDOWING AND SUPPORTING A ScHOOL IN THE SAID CoUNTY ;
AND ALSO FOR VESTING ESCHEATED PROPERTY IN OrANGIOBURGH DIS-
TRICT, IN Trustees, for the like purposes.
WHEREAS, the inhabitants of the county of Clarendon, hy their pe-
tition, setting forth that the establishment of a public school in the said VieamUe.
county would be productive of general utility, and tend to the hajjpiness of
society, good order and government:
I. Bf it therefore enacted by the honorable the Senate and house of Rep-
resentatives, now met and sitting in General Assembly, and by the au- Escheated pro-
thority of the same, That all the property which hath heretofore or may pfty in Clar-
hereafler escheat to this State, within the limits of Clarenduu county, ^''|:"J'l"J'J,'Ji'jJJi_
(provided the same do not exceed ten thousand dollars,) shall be, and tlie missiuiiera.
same is hereby, vested in the trustees hereafter appointed, and for the pur-
poses hereinafter mentioned ; and the said trustees for the receiving and
disposal of the same, aie hereby vested with all the powers heretofore
vested in the person or persons appointed escheators in the several dis-
tricts throughout this State, so far as the same concerns that part of the
State which is included in the present limits of Clarendon county.
H. And be it enacted by the authority aforesaid, That Richard Richardson,
senior, James Davis, Thomas Nightingale .Tohnson, John Peter Richard- ^
son, Samuel Montgomery, senior, Mathew James and James Burchill porated.
Richardson, shall be, aiid they are hereby appointed, trustees for the pur-
poses of establishing and conducting a public school in Clarendon county,
with full power and authority, fiom time to time, to make, constitute and
establish such by-laws, rules and orders, as to them shall seem necessary
and convenient for the better regulation, government, well-ordering and
directing of themselves as trustees aforesaid, as well as of the said public
school so to be established. And the said trustees, and their successors,
shall for ever hereafter be a body politic and corporate, in deed and in
name, and by the style of " The 'J'rustees of the Public School of the
Clarendon Orphan Society ;" and by the said name shall have perpetual
succession of officers and members, and a common seal, with power to
change, alter and make new the same as often as the said corporation shall
judge expedient.
III. And be il further enacted hy the authority aforesaid, That it shall
and may be lawful for the said coiporation to take, retain, and hold for May receive
ever, any charitable donations, devises or bequests, of lands or personal >;hnriiable do-
property, and to appropriate the same to the purposes of said corporation ."""""'*•
and by its name to sue and be sued, implead and be impleaded, answer
and be answered unto, in any court of law or equity in this State.
IV. And be it further enacted, by the authority aforesaid, That the said
public school in Clarendon county shall be under the management and How and when
direction of the aforesaid trustees, or a majority or board thereof, to be eiJcf o'likers
chosen, appointed and perpetuated as follows: The said trustees and their ami fill vacan-
successors shall meet on the second Monday in May in every year, at any "='**■
place so to be appointed by the said trustees, between the hours of ten
o'clock in the morning, and three o'clock in the afternoon, (after due no-
tice being given by the trustees at least eight days before.J and the majority
of those so met shall elect by ballot a president and such other officers
VOL. v.— 43.
33S
STATUTES AT LARGE
To keep an ac
count of tbeir
proceedings.
Trustees for
establishing
schools in
Orungeburgh
district.
May purcliase
and hold lauds
or other pro-
perty, and re-
ceive dona-
tions.
Trustees how
perpetuated,
and how to
elect officers.
as tliey shall think necessary foi- the ensuing year. And on the tleath,
resignation, or removal from the State, by residence, of any trustee or offi-
cer, the president, or in his absence the next presiding officer, shall, in a
convenient place, and within two months after due notice, convene the said
trustees, and, in the manner aforesaid, so supply and fill up all vacancies
that may so take place from time to time.
V. And be it further enacted by the authority aforesaid. That the afore-
said trustees shall keep an accurate account of all their proceedings in
regard to the property granted as aforesaid, which, whenever required so
to do, they shall lay before the Legislature for their information.
VL Be it further enacted by the authority aforesaid, That Henry
Dana Ward, Col. Jacob Rumph, James Stewart, James Carmichael, David
Coalter, William Fitzpatrick, Jacob Seibels, Alexander Bell, Hargrove
Arthur, Robert Stark, Charles Brown, Aaron Smith, Joseph Vince,
Charles Goodwin and Tarleton Brown, shall be, and they are hereby ap-
pointed, trustees for the purposes of establishing schools and other semina-
ries of learning in the district of Orangeburgh ; and that the said trustees,
and their successors, shall, for ever hereafter, be one body politic and cor-
porate, in deed and in name, by the style of " The Trustees for establishing
Public Schools in the district of Orangeburgh ;" and by the said name
shall have perpetual succession of officers and members, and a common
seal, with power to alter, change and make new the same, as often as the
said corporation shall judge expedient.
VH. And be it further enacted by the authority aforesaid, That the said
corporation shall be capable in law to purchase, have, hold, receive, enjoy,
possess and retain to itself, in perpetuity, or for any term of years, any
lands, tenements, or hereditaments, or other property of what kind or na-
ture soever, and to sell, alien, or lease the same as they shall think proper :
And also that it shall and may be lawful for the said corporation to take
and hold for ever, any charitable donations, devises or bequests of land or
personal property, and to appropriate the same to the purposes of the said
corporation ; and by its said name to sue and be sued, implead and be im-
pleaded, answer and be answered unto, in any court of law or equity in
this State : Provided always, that all such purchases, donations, derises and
bequests of lands or personal property, and the property vested by virtue
of this Act in the said trustees, shall not e.\ceed the sum of twenty thou-
sand dollars.
VIU. And, be it further enacted by the authority aforesaid. That the said
schools shall be under the management and direction of the aforesaid trus-
tees, or a quorum of them, to be chosen, appointed and perpetuated in the
following manner, that is to say : the said trustees, and their successors,
shall meet on the first Monday in May in every year, at Orangeburgh, or
such other place as shall be appointed by a majority of them, between the
hours of nine in the morning and three in the afternoon, and the major
part of those so met shall elect by ballot a president and such other offi-
cers as they shall think necessary for the year ensuing. And on the death,
resignation or removal from the State of any trustee or trustees, the presi-
dent, or in his absence the next presiding officer, shall, within three months
thereafter, cause the other trustees to be summoned to meet at Orange-
burgh aforesaid, or such other place as the president, or piesiding officer,
shall appoint, giving at least thirty days notice : and the trustees who
shall meet, not less than seven being present, or a majority of those so
met, shall choose by ballot another trustee or trustees, in the place or pla-
ces of any one or more so dying, removing or resigning ; and in case of
the death, removal or resignation of the president or other officer, the pre-
OF SOUTH CAROLINA. 339
silling officer shall convene the trustees in the same manner as the presi- A. I). 1798.
ilent is herein before directed, and the trustees, being met, shall proceed ^-^'^'-"^w
to the election of a president or other officer, in the same manner as pre-
scribed at their annual election : Provided that such president, or other
officer, shall only continue m office untd the next annual election.
IX. And he it further enacted by the authority aforesaid, That the said
trustees, or a majority of them, shall have full power and authority, from
time to time, to make, constitute and establish such and so many by-laws, g|,„i| i,.,..
rules and orders, as to them shall seem necessary and convenient, for the power lo make
better regulation, government, well ordering and directing themselves as ''>"'""'' '•^'^•
trustees aforesaid, and the schools so to be established by viitue of this Act,
and all officers, professors, or other persons by them employed, or to be
employed, in and about the same, and of all students in the said schools,
and for the better managing and transacting all things necessary for
and concerning the government of the same schools, and the same bv-
laws, rules and orders, to put in force and e.Kecution accordingly, and the
same again at their will and pleasure to revoke, alter, change or annul ;
all which by-laws, rules and orders, so to be made as aforesaid, shall be
binding on each and every of the trustees, and on all officers, professors
and other persons by them employed, and on all students in the said
schools, and shall be, from time to time, by each and eveiy of them, inva-
riably and puDCtually observed, according to the tenor thereof, under the
several pains, penalties and disabilities therein to be expressed, fixed, ap-
pointed or declared : Provided that the same shall be reasonable, and not
contrary or repugnant to the laws of this State, or of the United States.
X. And he it further enacted by the authority aforesaid. That seven of
the said trustees, assembled together for that purpose, public notice of such .Seven trustees
meeting being given by the president or presiding officer, at least thirty o quorum.
days previous thereto, shall be capable in law of doing, executing, perform-
ing and carrying into effect all the powers, duties and authorities, by this
Act vested in them.
XI. And he it further enacted by the authority aforesaid, That the said
trustees shall be, and are hereby declared to be, escheatoi-s for the disti ict Trustees ap-
ofOrangeburgh, and that all the lands or other property which has already P?""^'' '^^'
or shall hereafter escheat, in the district of Orangeburgh, not exceeding
the value of twenty thousand dollars, shall be, and are hereby, vested in
the said trustees, for the purposes aforesaid.
XII. And he it further ejiacted by the authority aforesaid, That the afore-
said trustees shall keep an accurate account of all their proceedings, in To keep an ac-
regard to the property hereby vested in them, which, whenever required so ''''"'"■
to do, they shall lay before the Legislature for their information.
XIII. And be it further enacted by the authority aforesaid. That this Act ™. .
shall be deemed a public Act, and judicially taken of as such, without spe- public Act.
cial pleading ; and that the same shall or may be given in evidence, on any
issue to be tried in any court of law in this State.
In the Senate House, the twenty- first day of December, in the year of our Lord one tliou-
sand seven hundred and ninety-eight, and in the twenty-third year of the Inde.
pendeiice of the United .States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker of th^ Hovse nf Representatives.
STATUTES AT LARGE
No. 1706. AN ACT to establish an uniform and more convenient System of
Judicature.
(Passed December 21, 1798. See last volume.)
No. 1707. AN ACT to raisi; supplies and to make appropriations for the
YEAR ONE THOUSAND SEVEN HUNDRED AND NINETY-EIGHT ; AND FOR OTHER
PURPOSES THEREIN MENTIONED.
I. Be it enacted, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same, That a tax, for the sums and in the manner hereinafter men-
tioned, shall be raised, and paid into the public treasury of this State for
the use and service thereof.
II. A7id be it further enacted by the authority aforesaid. That the half
of one dollar per centum ad valorem shall be paid in specie or paper medi-
um on all lands granted within this State, under the several regulations
heieinafter expressed, that is to say : Class No. 1 shall contain all tide
P , . swamp of the first quality, not generally affected by salts or freshes,
on lands. which shall be rated at twenty-six dt)llars per acre ; all tide swamp of the
second quality, not generally affected by the salts or freshes, which shall be
rated at seventeen dollars per acre; all tide swamp of the third quality,
not generally affected by salts or freshes, which shall be rated at eight
dollars and one half per acre ; all pine barren land adjoining such swamps,
or contiguous thereto with respect to the benefit of water carnage, which
shall be rated at two dollars per acre ; all pnme inland swamp, cultivated
and uncultivated, which shall be rated at an average of thirteen dollars per
acre ; all inland swamp of the second quality, which shall be rated at eight
dollars and one half per acre ; all inland swamp of the third quality, which
shall be rated at four dollars jaer acre ; pine barren land, adjoining or
contiguous thereto, which shall be rated at one dollar per acre ; and all
Bait marsh, or inland swamp, clearly proved to the collectors to be incapa-
ble of immediate cultivation, which shall be rated at one dollar per acre.
Class No. 2 shall comprehend all high river swamps and low grounds,
cultivated and uncultivated, including such as are commonly called second
low grounds, lying above the flowing of the tides, and as high up the coun-
try as Snow Hill on Savannah river, and the fork of Broad and Saluda rivers
on the Congaree, Graves's Ford on the Wateree, and the boundary line on
the Pedee ; the first quality of which shall be rated at thirteen dollars per
acre ; the second quality at eight and one half dollars per acre ; arrd the third
quality at four dollars per acre; excepting such as may be clearly proved
to the collectors to be incapable of immediate cultivation, which shall be
assessed at one dollar per acre. Class No. 3 shall comprehend all high
river swamp and low grounds, lying above Snow Hill, the fork of Broad
and Saluda rnvers, Graves's Ford, and the old Indian boundary line, which
shall be rated at three dollars per acre. Class No. 4 shall comprehend
all high lands without the limits of St. Philip's and St. Michael's parishes,
within twenty miles of Charleston, and on John's Island and James's
Island, which shall be rated at four dollars per acre. Class No. 5
OF SOUTH CAROLINA. 341
shall comprehend all lands on the Sea islands, (Slann's island included,) A.D. 1793.
or lying on or contiguous to the seashore, usually cultivated, or capable of ^-^""^■"^^^
cultivation, in corn or indigo, not within the limits prescribed in class No.
4, which shall be rated at four dollars per acre. Class No. G shall com-
prehend all oak and hickory high lands lying between Snow Hill, the fork of
Broad and Saluda rivers, Graves's Ford, or the new boundary line on Pe-
dee, and not included in the limits or description of the two next preceding
classes, numbers four and five, which shall be rated at three dollars per acre.
Class No. 7 shall include all pine barren lands not included in the classes
numbered 1, 4 and 5, which shall be rated at twenty cents per acre. Class
No. 8 shall comprehend all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first
quality of which shall be rated at one dollar and one half per acre ;
the second quality, at one dollar per acre; and the third quality at
forty cents poi' acre. Class No. 9 shall comprehend all oak and hickory
high lands above the old boundary line, the first quality of which shall
be rated at one dollar and twenty cents per acre ; the second quality,
at sixty cents per acre ; and the third ijuality, at twenty cents per acre.
Class No. 10 shall include all lands within the parishes of St. Philip and
St. Michael, which shall be assessed in the same manner and upon the same
principles as houses and lots in Charleston, and in a relative proportion to
lands in the country.
III. And be it further enacted by the authority aforesaid. That seventy-
five cents per head shall be levied on all slaves ; the sum of two dollars per R^te of taxing
head on all free negroes, mulattoes, and mestizoes, between the ages of slaves, (kc.
sixteen and fifty years ; and the half of a dollar per centum ad valorem on
all lands, lots and buildings within any city, village, or borough ; and on all
stock in trade, factorage, employments, faculties and professions, (except-
ing clergymen, schoolmasters, schoolmistresses and mechanics,) — to be
ascertained and rated by the assessors and collectors throughout the State,
according to the best of their knowledge and information ; to be paid in
specie or paper medium.
IV. And, he it further enacted by the authority aforesaid. That all negroes
and other slaves who are employed on any lands leased by any person or slaves employ-
persons of the Catawba Indians, shall be, and they are hereby made, lia-^'' "" Indian
ble to the payment of this tax. But nothing in this Act contained shall
be construed to impose any tax upon the property or estate of any religious
society, or the South Carolina Society, the Winyaw Indigo Society, or Exceptions,
the Fellowship Society, or the estate of the late Doctor De la Howe,
devised for charitable purposes, or the Clarendon and Cainden Orphan
Societies.
V. And be it further enacted by the authority aforesaid, That every per-
son entitled to any taxable property or estate in this State, who resides Absentees dou-
without the limits of the United States, shall, for the use of this State, pay'"''^ taxed.
a double tax on the same. But this clause shall not be construed to extend
to the property of any person sent, or hereafter to be sent, abroad in the
employment of this State or of the United States, until one year after the
expiration or determination of his commission ; or to the property of any
young man sent abroad for his education, until he attains the age of twen-
ty-three years ; or to the property of any person now absent from the
United States, unless such person has been absent for one year.
VI. And be it further enacted hy the authority aforesaid, That the enqui-
rers, assessors and collectors appointed by law shall do and perform all and Compeiisation
singular the duties of their offices, according to the Act entitled " An Act assessors, &c.
for declaring the powers and duties of the enquirers, assessors and collec-
342 STATUTES AT LARGE
A.l).17a8. tora of the taxes, and other persons concerned therein ;" and that on closing
^-^'~^'''^*^ their accounts with the treasury, and not before, they shall receive five per
cent, on the aniountcollected, excepting the collectors of St. Philip's and St.
Michael's parishes, who shall receive in like mannertwo and a half per cent.
VII. And be it farther ouictcdhy the authority aforesaid. That the asses-
Rpturnsof sors, enquirers, and collectors respectively, shall begin their enquiry on the
former taxes j^^^j j^y gf February next ; and that where all the collectors who were ap-
pointed for any parish or county are dead, and the tax returns not closed
with the commissioners of the treasury, the collector who shall thereafter be
appointed is hereby directed and ordered to demand receipts or to admin-
ister an oath, or to procure other satisfactory proof from the inhabitants of
the county or parish, in order to ascertain whose taxes might be still due,
and to enable the public to discover what sums of money might be due by
the deceased tax collectors ; and if the executors or administrators of any
deceased tax collector neglect or refuse to produce the accounts of the de-
ceased, or to give all the information in their power on the subject, the trea-
surers are hereby ordered to proceed according to law against the estates
of the deceased tax collectors.
VIII. And be it further enacted by the authority aforesaid. That all per-
~. , . sons in any wise liable to pay the taxes hereby imposed, shall, on the first
ment of taxes, day of February next, give in a true and just return of all slaves, and of
the quality and quantity of all lands, as directed or required by this Act,
which they may hold or be intitled unto, either in his, her or their own
right, or in the right of any ])erson or persons whomsoever, either as
guardian, trustee, attorney, agent, executor, administrator, or otherwise
howsoever ; and shall, on or before the first day of April next, pay their
taxes to the collector of that parish, county or district where the party
making such return, either by himself or his or her family, may reside the
greater part of the year. And the said assessors and collectors shall
pay the same, and settle their accounts with the treasury, on the first day
of June next.
IX. And be it further enacted by the authority aforesaid. That all the
Appropriation, interest on the paper medium which shall be due on or before the fiist
Wednesday in March next, shall be, and is hereby, appropriated to make
up any deficiency of money that may happen under this Act.
X. And be it further eaactoZ by the authority aforesaid. That the tax
What shall be collectors throughout the State shall receive no paymentof taxes but in gold
[a'-es^'' or silver coin made current in this State, the paper medium issued under
the authority of the Legislature, bank paper redeemable in the first in-
stance with gold and silver at the bank of the United States, the branch
thereof in Charleston, or the bank of South Carolina, or certificates for the
pay of the members of the Legislature, or of the Solicitors, for their atten-
dance on the Legislature.
XI. And whereas, enormous tracts of land within this State have lately
Land owned by Ijcen sold in the Northern States and in foreign countries, and the owners
persons out of thereof are supposed at present to pay no tax whatever; Be it therefore
the istate. enacted by the authority aforesaid. That it shall be the duty of, and it is here-
by enjoined on, all tax collectors to enquire for all such land, and collect the
tax and arrears of tax thereon ; and if the taxes thereon, and the arreais of
taxes thereon, shall not be fully paid at or before the time hereinbefore
appointed for the payment of the general tax, then the tax collectors shall
foithwith proceed to sell the same, agreeably to the mode prescribed by law
for selling the property of those who make default in paying their taxes.
XII. Andbe it further enacted by the authority aforesaid. That the com-
missioners of the treasury shall be, and they are hereby, required to furnish
OF SOUTH CAROLINA. 313
copies of this Act to each of the collectors appointed by law, throughout A.l). 17'.is.
this State, within one month after the passing of this Act, and their rea- ^-^'"">^^^-'
sonable expenses occasioned tliereby shall be reimbursed.
XIII. And be it further enacted by the authority aforesaid. That the
instalment of the paper medium which will be due on the first Wednesday,
in March next, shall not be required to be paid as directed by the Act en-jiun^J^ when to
titled " An Act for raising supplies for the year one thousand seven hun-be paid,
dred and ninety-three," but shall be paid on the first Wednesday in
March, which will be in the year of our Lord one thousand eight hundred
and four: Provided always nevertheless, that no person shall be
entitled to the benefit of this clause who shall not give an additional secu-
rity, if required by the treasurer of Charleston, and in all cases when he is
not fully satisfied of the sufficiency of the former security, and in all cases
where default has been made in paying what has heretofore been due, or
which shall be made in paying the interest to grow due in March next.
XIV. And be it further enacted^ by the authority aforesaid. That the
sums to be raised and collected under and by virtue of this Act shall be, Appropriation,
and are hereby, appropriated to the following purposes, to wit : a sum not
exceeding sixty-five thousand five hundred dollars, to the payment of the
civil list as estimated in the statement No. 1 hereunto anne.\ed ; a sum
not exceeding thirty-two thousand five hundred dollars to the payment of
the contingent accounts and extraordinaries as estimated in the statement
No. 2; and the surplus of which shall remain in the treasury after satisfy-
ing the aforesaid appropriations shall and may be applied by the treasureis
as is or may be directed by law.
ESTIMATE
Of supplies wanted for the support of Government, for the year one thou-
sand seven hu7idred and ninety-eight, and to discharge demands inctirred
in the year one thousand seven hundred and ninety-eight.
STATEMENT NO. I.
SALARIES, AS SETTLED BY LAW.
For the Governor, ...... $2,572 00
For the Secretary to the Governor, - - - . . 430 00
For four Judges of the Superior Courts of Law, $2,572 each, - - 10,288 00
For one Judge of the Court of Equity, $2,144, . . - . 2,144 00
For the Attorney General, for giving advice to the Governor and other puh-
lic officers, in matters of public concern, in addition to his other duties, - 860 00
For three Circuit Solicitors, $430 each, .... 1,290 00
For the Treasurer in Charleston, for salary as Treasurer, and for transacting
the business of the Loan Office, and Clerk, . . - 2,658 00
For the Treasurer in Columbia, for his salary, .... 1,29000
For the Clerk to the Treasurer in Columbia, - • - - 400 00
For the Clerkofthe Senate, and the Clerk of the House of Representatives,
each $1230, ....... $2,460 Oo
For two Doorkeepers and two Messengers, each $216, ... 864 00
For the keeper of the State House, at Columbia, his salary, fixed at - 130 00
For the Powder receiver and Arsenal store-keeper in Charleston, - . 216 00
For Ditto ditto at Abbeville Court House, - - 86 00
For the Transient poor, payable to the City Council of Charleston, - 4,280 00
For the State Printer's salary, - - . . . 686 00
For the contingent fund, subject to the Governor's draft, - - 4,300 00
For the expenses of the members of the present session, - - 7,000 00
344 STATUTES AT LARGE
A D. 1798. For the Treasurer of Charleston, for performing the duties of the commission-
'^-^'^v^^fc^ er of pubHc accounts, to be tranaferretl to him, for which purpose he is
)\ere\vith invested with all the powers, and enjoined lo perforin all the du-
ties, heretofore directed by law respecting the commissioner of public
accounts, -..-...
For the Pilot for the bar and harbor of Georgetown, - - -
For the I'ort Physician, ......
For nine Brigade Inspectors, each $216, - - - -
Forthe Clerk of the Court of Columbia, ....
For the Adjutant General, for the year 1799, ....
For the Rev. Mr. Dunlap, for preaching before the Legislature,
For the commissions on receiving taxes, ....
For Annuities, - - - - - - " -
STATEMENT NO. 2.
$63,057 00
For contingent accounts of the lower division of the Treasury, payable by the
Treasurer ofCharleston, ...... 8,531 99
For ditto ditto, payable by the Treasurer in Columbia, • - - 10,630 94
For building a laboratory and magazine in Beaufort, ... 2,50000
For Do do do. in Georgetown, - - - 8,000 00
For Do. do do. in Camden, a sum not exceeding - 8,000 00
For purchasing 50011 stand of arms, ..... 40,00000
For Buildinga fort in Beaufort harbour, .... 1,50000
For Do. do. for the defence of the bay and harbour of Winyaw and bar.
hour of Georgetown, ..... 6,00000
For the payment of Ilolman Freeman's demand, ... 1,17160
Do. of George L. Roger Heriot's demand, for lOOstand of arms, - 750 00
For a sum not exceeding $2000, to be subject to the draft of his Excellency the
Governor, in payment of the Militia who were called into service on the
sea coast, during the present year, .... 2,IX)0 00
For the payment of the claim of Charles Pinckney, agreeably to joint resolution
of the Legislature, . - - - - - 410 39
For the payment of the claim of Thomas Martin, agreeably to joint resolution
of the Legislature, - • - - - - 841 50
For payment of the claim of John Coiipland, per ditto, ... 32 12
For do. do of Hill & Hayne, per ditto, - • - 1,362 96
XV. And be it further enacted by the authority aforesaid, That the sum
of seven thousand and eighty pounds be appropriated for the purpose of
procuring the following articles, to wit :
Fur repairing Fort Mechanic and building a guard house, magazine, and furnace
therein, - - . . - . - . £ 60O
Making carriages, and mounting twenty pieces of cannon, ... 1000
Repairing the Arsenal and tiling the Guard House, - . ■ 800
Six hundred Tents, -..-... 3000
Twelve hundred camp kettles, --.... 300
Three thousand five hundred canteens, .... - 500
Medicine chests, ....... 35Q
Purchasing two ions of four pound shot, ..... 50
Casting other shot, ....... 200
Thirty thousand flints, ...... JOO
Six ammunition waggons, ...... 180
Presents for Indians. ....... 100
OF SOUTH CAROLINA. 3i5
XVI. And be it further enacted hy the autliority aforesaiil, That the A-O-nns.
treasurers shall not hereafter draw any order or check, or make any draft ^-^''^'"^'^
on any tax collectors in this State, in favor of any person having any ^u paympnts
claim or demand on the treasury of this State ; nor shall the treasurers to be ut ihe
make payment to any person having any claim on the State, even though "'''''^'"'y-
allowed by law and provided for by the Legislature, but at the treasury in
Charleston or at the treasury in Columbia ; and no tax collector shall re-
ceive or take in payment of taxes due by any person any order, draft or
check of either of the treasurers.
XVII. And be it further cnaeted by the authority aforesaid. That the
treasurers in Charleston and Columbia shall procure to be printed so Blank returns
many blank tax returns adapted to the nature of the taxes which the Le- '° '"' 'i"'ni3hed.
gislature shall from time to time impose, as will be necessary under this
Act ; and the said treasurers shall furnish each tax collector in their
divisions respectively with so many of the said blanks as will enable him to
perform the duties required under this Act. And each and every tax col-
lector shall, and he is hereby authorized and required to, demand and take
from each and every person making a tax return, two copies of such return
signed and sworn to as the law directs, to be made out on the said blanks.
XVIII. And: be it further enacted by the authority aforesaid. That it
shall be the duty of each and every tax collector throughout this State, to Rciurn of gen-
make out a duplicate of the general return which he is by law directed to «"'' mxtobe
make to the treasurer, and to inclose the same, together with the duplicate Legislature!
of the tax returns by this Act directed to be taken from the individuals of
their respective counties and parishes, in a packet directed to the Speaker
of the House of Representatives and sealed up ; which packet each and
every tax collector is hereby required to transmit to the speaker at Colum-
bia on or before the first day of the annual meeting of the Legislature, to
the intent that by the due examination thereof by committees to be ap-
pointed for that purpose, any improper conduct in any of the aforesaid
tax collectors may be detected. And shoidd any lax collector fail to jier-
form the duties required by this and the next preceding clause, he shall
forfeit and pay the sum of one hundred dollars, to be recovered of him by
any person sueing for the same in any court having competent jurisdiction.
XtX. And be it furtJicr enacted by the authority aforesaid, That it shall
be the duty of the treasurers to report to this house at their annual session Defaulters how
every instance of default in any tax collector in their divisions respective- to be proceeded
ly ; and to instruct the attorney general or solicitors respectively, to prose- "="'"■'"■
cute such defaulter as soon as any instance of default shall occur. And it
shall also be the duty of the said treasurers respectively, strictly to en-
force the means which they are by law authorized to make use of, to
compel the tax collectors to the due performance of their duties ; and in
case any treasurer shall fail to make use of such means, he shall be held
to make good any loss which the State shall sustain thereby.
XX. Whereas, General Richard Winn, by his p<tition, hath rejjresent-
ed that during his absence from this State, on public business, he made Case of Rich-
defaidt in the payment of the interest due on the ptiper medium to the""* ^^'"i"-
loan office, in consequence whereof two tracts of land, situate in Fairfield
county, mortgaged to the commissioners of the loan ofl'ice for securinsr the
payment of the principal sum and interest of the said paper medium, were
sold by the commissioners of the treasury, and bought in and are now held
by the said commissioners for the State ; Be it therefore enacted, That if
the said Richard Winn, at any time within twelve months after the ])assing
of this Act, shall pay all arrears of the principal and interest of the said
paper medium, heutofme required to be paid by anv Act or Acts of the
VOL. v.— 44.
34G
STATUTES AT LAKGE
A. I). 1793. Legislature of this State, and shall (if demanded) give such additional
^-''"^^"^^^ security as shall be required by the commissioner of the treasury in
Charleston, then the said lands, sold as aforesaid, shall be restored, but
subject to the original mcjrtgage, in tiust for the public; and the said
Richard Winn shall be entitled to the same benefit as if no default bad
been made as aforesaid.
XXI. And be it further enacted by the authority aforesaid, That if any
Tax collectors ^^^ collector or collectors shall make any distinction or discrimination of
to make no dis- persons in issuing execution, the taxes of such persons (in addition to the
crimination. jjgjj vvhich the State has on the individual's property) shall be considered
as thereby assumed by such collector or collectors ; and the treasurers at
Charleston and Columbia are directed and enjoined, in the different depart-
ments, to debet such collector or collectors, so misbehaving, with all such
arrearages of tax, and to issue execution immediately tlierefor against each
and every of them, and lodge such execution with the sheriff of the district
in which such collector or collectors resides or shall have property. And
if any sherift'or sheriffs, in whose hands such execution shall be lodged,
shall make any distinction or discrimination of persons, in serving the said
executions, or shall retain the same for a longer time than two months,
without making a return thereof, he is hereby made chargeable with the
same, in addition to the lien which the State has over the collectors and
individuals so originally in arreat for taxes as aforesaid.
XXII. And, he it further enartrd by the authority aforesaid, That no
Taxes to bed' P'^rson holding any office of profit under this State, or having any demand
counted I'nim against the State, shall be entitled to receive any sum of money which
creditors of the ^riay be due to him from the State until his taxes are first paid and satis-
fied ; and the treasurers are hereby positively directed, before they shall
pay to any person holding any office of profit in this State, or having such
demand, the sum that may be due to him, to require of him a leceipt from
the tax collector where such person resides or ought to pay his tax, stating
that his taxes aie paid and satisfied. And upon neglect or refusal of any
person holding any such office or having such demand, to produce such
receipt, the treasurers are hereby directed not to pay such person the sum
or sums of money which may be duetohim, until satisfactory proof is madeto
them that such taxes have been paid, or the party agrees to discount the
same. And if the treasurers should pay to any person holding an office or
having a demand as aforesaid, any sum which may be due to him, without
having such receipt produced or discount made, as is above required, he is
hereliy declared to be liable for all losses vvhich may arise to the State
therefrom.
XXIII. And he it further enacted by the authority aforesaid. That the
tax collectors of St. Philip's and St. Michael's, Charleston, shall, monthly,
and on the fiist Monday in every month, from and after the first day of
February next, upon oath, make due and true return of all monies which
shall have been received by them during the preceding month.
XXIV. Ami he it further enacted hy the authority aforesaid. That the
sum of five pounds be paid to eacli of the following persons, as one year's
allowance, making in all four hundred and twenty dollars, in addition to
the other pensioners, to wit : David Kerr, five pounds ; Nathan Lusk, five
pounds; Andrew Pickens, five pounds ; Henry Carter, five pounds ; Dolly
Loper, five pounds ; Joseph Corbett, five pounds ; Mary Gowen, five
pounds ; Daniel McElduff, five yiounds ; Bethel Lamb, five pounds ; David
Jackson, five pounds ; Eleanm- Rogers, five pounds ; Samuel Leard, five
pounds; James Brewer, five (jounds ; Mourning Tyler, five pounds;
Precilla Lyles, five pounds; William Carter, five pounds; Ann Cannon,
In CharlesloD
returns to be
made monllilv
OF SOUTH CAROLINA. 347
Kve pounds : Andrew Adams, five pounds; James Swan, five pounds; A. D. 1798.
and Sarah Hodge, five pounds. ^--^-v-^w/
XXV. And be it further cnacled hy the SMthority athvesmc]. That in case
of necessity tlie Governor be empowered to commission the necessary Gun-boats lo be
officers, and fit out three gun boats now belonging to the State, and '''"''* ""'■
that provision will be made for the expenses of the same by the Legisla-
ture, at their next meeting, and also for the expenses of the engineers'
department ; which accounts shall be examined by the treasurer, and re-
ported to the Legislature at their next meeting.
XX VL Ami he it further enacted by the authority aforesaid, That an
indent be issued to Doctor George Cartel- for the sura of fourteen hundred caae of George
and sixty-four dollars, with interest from the first of April, 1783, deducting Carter.
therefrom such sum as may have been drawn for by the said George Carter
on the late commissioner, John Lewis Gervais, Esq. ; and the treasurer is
hereby directed to issue indents as aforesaid, to the amount so drawn for,
to such person or persons in whose favour such order or orders weie
drawn.
XXVn. And he it further enacted, by the authority aforesaid, That the
tax collector, for the time being, for Williamsburgh county, be, and he is Estate of Roger
hereby, authorized and directed to grant to John Gordon, the administra-
tor for the estate of Ros;er Gordon, until the first day of October next, for
the purpose of paying up the taxes due on the said estate; that the said
estate ^all be relieved from the imposition of a double tax ; and that the
computation of his tax be limited to the year seventeen hundred and
ninety-one.
XXVHL And, be it further enacted, by the authority aforesaid, That the
following tax cnllectors, viz : Edward Trescot, Stephen Lee, James Gar- Certain default-
vey, Thomas W. Waters, James R. Stewart, Joseph Sadler, James G. !"S ">^<="""<^-
Eden, Thomas Williams, John Cassels, Eleazer Alexander, Benjamin
Carter, William B. Stukes, who have neglected to make their returns,
agreeably to law, be, and they are hereby, required to make an excuse, by
affidavit, before some person competent to administer the same, stating their
reasons for such neglect ; which affidavit they shall, within six months
after the passing of this Act, transmit to the treasurer of the district in
which such tax collectors shall respectively reside ; and the treasurers re-
spectively are desired to transmit to the Legislature, at their next sitting,
together with their other official documents, the said affidavits, that the
Legislature may determine on the purport of the same. And if any of the
tax collectors shall neglect to make and transmit the above required affida-
vits, within the time prescribed, that the treasurers shall direct the attorney
general or solicitors, without delay, to sue for and recover from the said
tax collectors the penalty annexed to their having neglected to make their
returns, in the manner prescribed by law. Provided, nothing herein con-
tained shall be con.strued to prevent the treasurers, or either of them, from
pursuing any measures against the said tax collectors, or any of them, that
the law directs.
XXIX. And be it further enacted by the audiority aforesaid. That the
tax collectors in the election districts throughout this State, where county P"*"" '*"•
courts are not established, shall be, and they are hereby, authorized and
directed to collect the poor tax of their respective election districts ; and
they shall be allowed the usual commissions for so doing.
In the Senate House, the iweuty-first day of December, in the yearof our Lord one thousand
seven hundred and ninety-eight, and in the twenty-third year of the Independence
ef the United States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Sjieaker of the House of Representatives.
STATUTES AT LARGE
No 1708. AN ACT to lkssen the skcuuity at present bequirkd by law
pitoM THE Commissioner OP Locations for Georgetown District;
AND lOR OTIIEIt Pl'llPOSKS THEREIN MENTIONED.
WHEREAS, llie sum required by law as a security from tlie commis-
Prenmble. sioiier of location for the district of Georgetown, is so great, and the profits
of his office so small, that no person well qualified to hold the said office
will accept of the same :
L Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
Amount of se- authority of the same. That the commissioner of location for the district of
curity reduced. Georgetown shall, hereafter, instead of the security of ten thousand pounds
at present required by law, give, himself, his bond in the sum of five hun-
dred dollars, and one good security in the sum of two hundred and fifty
dollars.
II. And be it enacted by the authority aforesaid, That the tax collector
Tax collector, f'-"" ''^^ election district of Winyaw shall, hereafter, instead of the security
now given by him, according to law, give his own bond in the sum of four
thousand dollars, and four securities, each in the sum of two thousand dol-
lars ; which said securities shall be approved of by the commissioners who
approve of the securities given by the sheriff of the said district, in the
manner prescribed by law.
In the Senate House, the eighteenth day of December, in the year of our Lord one thousand
seven hundred and ninety-nine, and in the twenty -fourth year of the Independence of
the United States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Sjieaker of the House of Representatives.
No. 1709. AN ACT to enable Francis Marion Dwight to change his present
NAME TO that OP FrANCIS MaRION.
WHEREAS, Francis Marion Dwight hath petitioned the Legis-
p ,, lature to change his present name to that of Francis Marion, in order that
he may be enabled to take and receive a considerable legacy left to him
by the late General Francis Marion, upon that express condition :
I. Be it therefore enacted, by the honorable the Senate and House of
Repiesentatives, now met and sitting in General Assembly, and by the
F. M. Dwight authority of the same. That the said Francis Marion Dwight be, and he is
name of Fran- l^ereby, authorized to change his present name to that of Francis Marion ;
cis Marion. and that he shall hereafter be known and distinguished in law, and in all
transactions in law, wherein he may be bound and obliged, or wherein any
person or persons may be bound and obliged to him, by no other name but
that of Francis Marion.
In the Senate House, the eigtiteenlh day of December, in the year of our Lord one thou-
sand seven hundred and ninety-nine, and in the twenty-fourth year of the Indepen-
dence of the United States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker of the House of Rejyresenlativts.
OF SOUTH CAROLINA.
AN ACT to protect Slaves, belonging to third persons, from being No. 1710.
distrained for Rent not due by tlieni.
(Passed December 18, 1799. See last volume.)
AN ACT TO PKRMIT THE HoNORABLK E. H. BaV TO LEAVE THE No. 1711.
Staie.
WHEREAS, the Hon. E. H. Bay, one of the associate judges of the
State, has requested permission to leave the State for some time :
I. Be it there/lire enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That the said E. H. Bay be, and he is hereby,
authorized to leave the State for any time not exceeding one year.
In tlie Senate House, the eighteenth day of December, in the year of our Lord one
thousand seven hundred and ninety-nine, and in tlie twenty-fourth year of the Inde-
pendence of the (Jnited States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speal^cr of the House of Representatives.
AN ACT TO onLioB the Treasurkrs of this Statu t) give security jj^ 1712.
FOR the faithful DISCHARGE OP THI': DUTtES OF THKIR OFFICE.
I. Be it enacted, by the honorable the Senate and House of Representa-
ives, now met and sitting in General Assembly, and by the authority of the
same. That each and every treasurer hereafter to be elected or appointed,
shall, before they enter upon any duty of their offices, enter into bond
or bonds, with one or more good and sufficient securities, to be approved
of by the Governor or Commander-in-chief for the time being, payable to
the State, and conditioned well and faithfully to discharge the several
duties of their offices ; and that the bond or bonds to be given by the trea-
surer in Charleston and his securities shall be joint and several, and shall
be in the penalty of sixty thousand dollars : and that the bond or bonds to
be given by the treasurer in Columbia and his securities shall also be joint
and several, and shall be in the penalty of thirty thousand dollars ; and that
the bonds so to be given shall be deposited in the office of the secretary of
State, there to remain of record, subject to the order of the Legislature.
In the Senate House, the eigiiteenth day of December, in tlie yearof our Lord one Uiousand
seven hundred and ninety-nine, and in the twenty-fourth year of the Independence
of the United States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speal-er of the House of Representatives.
STATUTES AT LARGE
No. 1713. AN ACT to authorize the City Council of Cliarleston to impose and
levy a tax on the lots on Sullivan's Island, to defray the cost of
erecting a Pest House on the north-east point of James's Island.
(Passed December IS, 1799. Sec last tvlumc.)
No. 1714. ^4^^^ ACT to appoint Commissioners to i.av out SriiEETS on Sul-
livan's Isi.ANO ; AND FOR OTHER PUnPOSES TilEREIN MENTIONED.
I. Be it enaeted, by the honorable the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and it is hereby enacted by the authority of the same,
. . That Col. Lewis Morris, William Henry Desaussure, Frederick Rut-
appointed to ledge, Jacob Sass and William Robertson, Esquires, or a majority of
lay out the them, be, and they are hereby appointed, commissioners to lay out such
livan's Island """'ber of streets on Sullivan's Island as the said commissioners shall
deem proper and convenient : Provided nevertheless, that such streets
shall not interfere with any dwelling-houses or kitchens already erected.
And the commissioners are hereby vested with full powers to carry into
effect the above purposes, and otherwise to regulate the police of the said
Island.
II. And he it farther enacted by the authority aforesaid, That the said
commissioners shall assess the inhabitants of the said island, possessed of
lots thereon, for the expense of surveying and laying out the streets afore-
said ; and that they be authorized to collect or sue for the said assessments
so to be made.
III. And he itfurther enacted by the authority aforesaid. That if any
person shall keep, or suffer to be kept, any gaming table, or permit any
Fine for keep, game or games to be played in his, her or their houses, on the said island,
ing gaming ta- on the Sabbath day, such person or persons, on conviction thereof before
sTh"''f" "" ^'^y court having jurisdiction, shall be fined in the sum of fifty dollars, to
be sued for on behalf of, and to be recovered for the use of, the State.
In the Senate House, the eighteenth day of December, in the year of our Lord one thou-
sand seven hundred and ninety-nine, and in the twenty-fourth year of the Inde-
pendence of the United States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker of the House of Representatives.
No. 1715. AN ACT TO release Pierce Butler, Esquire, from his Executor-
ship, TO which he WAS APPOINTED BV THE LAST WILL AND TESTA-
MENT OF THE LATE ALEXANDER GiLLON, EsQUIRE.
WHEREAS, Pierce Butler, Esquire, hath set forth by his petition to
the Legislature, that by the last will and testament of the late Alexander
OF SOUTH CAROLINA. 361
Gillon, Esquire, he was appointed one of his executors, and that he was A. D. 171)9.
induced, from a desire of being serviceable to the widow and infant child- ^-^^^'~'*^^
ren of a deceased friend, to administer upon the estate of the said Alex-
ander Gillon, esquire ; but from the complicated affairs of the said estate,
the general ill-health of the said Pierce Butler, Esquire, and his usual ""'"^
absence from the State for several months every year, he finds that he
cannot be of such service to the widow and children of the deceased as he
once expected, while he is subjected to many inconveniences of a serious
nature, on account of the said executorship : among others not less inju-
rious to him, there is one in particular, that as the said Alexander Gillon,
Esquire, in his life time, became bound by his obligation in behalf of the
State, to the late duke of Luxemburgb, which obligation is now in the
hands uf the republic of France, as the said Pierce Butler hath been in-
formed ; so that the said Pierce Butler, Esquire, cannot visit Europe or
the said republic upon business ('which he finds he must be obliged shortly
to do,) without being in danger of being arrested on account of the said
obligation. And in as much as the said Pierce Butler has not admin-
istered on the estate of the deceased Commodore Gillon, nor ever had
or taken the property, books or papers of the deceased into his posses-
sion,
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the pierce Butler
authority of the same. That Pierce Butler, Esquire, be, and he is hereby, released,
released from his executorship to which he was appoidted under the last
will and testament of the late Alexander Gillon, Esquire ; and also from
all the losses, liabilities and expenses or inconveniences to which he may
have been or hereafter might become liable or exposed to by law as exe-
cutor of the last will and testament of the said Alexander Gillon, Esquire,
deceased, whether the said liability should arise in consequence of any
public or private transactions of the late Alexander Gillon, Esquire, in his
life time.
In the Senate House, the eigliteenth day of Deceiaber, in the year of our Lord one
thousand seven hundred and ninety-nine, and in the twenty-fourth year of tlie In-
dependence of tlie United States of America.
JOHN WARD, President of the Seriate.
WM. JOHNSON, Jr. Speaker of the Hov.se of Representatives.
AN ACT to permit William Telfair and Elizabeth his wife, the rep- No. 1716.
resentatives of the late Artemas Elliott Ferguson and John Moul-
trie, to bring certain Negro Slaves into this State.
(Passed December IS, 1799. See last volume.)
AN ACT TO LIMIT THi; PERIOD FOR WHICH JUSTICES OF THE QuoRUM No. 1717.
AKD Justices of the Peace shall remain in office; and for
OTHER purposes THEREIN MENTIONED.
WHEREAS, it is directed by the seventh section of the amendments
of the Constitution of this State, that in future all commissions of the peace Preamble.
3o2 STATUTES AT LARGE
A. L). 1799. expire at fixei.l periods, to be declared by law; and whereas, no general
law has been passed by the Legislature on that subject :
I. Be it therefore enacted, by the honorable the Senate and House of
, .. . Representatives, now met and sitting; in General Assembly, and by the
Justices to con- \ ■ ,. , rr., „ .'^ •'^ . . •' „
tinue in office authority ot the same, i hat all and every appomtment oi justices oi
four years. quorum and of the peace, hereafter to be made, shall continue for four
years, and from thence for thirty days after the end of the session of the
Lesfislature, at, during or next after the time of which such appointment
shall expire.
II. And be it further enacted by the authority aforesaid, That all and
. every appointment of justices of the quotum and of the peace, made at
pointnients' de- '^'^y ^"16 previous to the twentieth day of December, in the year of our
clared void. Lord one thousand seven hundred and ninety eiglit, shall, and the same is
hereby declared to, be totally null and void, from and immediately after
the passing of this Act.
III. And he it farther enacted, by the authority aforesaid. That all ap-
™ j. p pointnients of any justice of quorum or of the peace, made on the said
cembeil79S, to twentieth day of December, in the year of our Lord, one thousand seven
continue till hundred and ninety-eight, shall continue unto the twentieth day of Decem-
' ber, in the year of our Lord one thousand eight hundred and two, and
from then ifntil thirty days after the session of the Legislature, at, during
or next after which such appointment shall expire.
No parish ^^' ■^''■^ ^c it further enacted by the authority aforesaid, That there
county or dia- shall not, at any time after the passing of this Act, be appointed to any
trict to have a parish or county or district hereinafter mentioned, any erreater number of
greater number ■. r ^ n •* i-,..,,
than specified, justices 01 the quorum or ot the peace than is herein particularly speci-
fied, that is to say :
For the parishes of St. Philip and St. Michael, ten justices of the quo-
rum and ten of the peace.
For the parish of St. James, Santee, three justices of the quorum and
three of the peace.
For the parish of^St. John, Berkley, four justices of the quorum and
BIX justices of the peace.
For the parish of St. Thomas, throe justices of the quorum and three
justices of the peace.
For the parish of St. Stephen, three justices of the quorum and three
justices of the peace.
For the parish of St. George, Dorchester, four justices of the quorum
and four justices of the peace.
For the parish of St. Andrew's, three justices of the quorum and three
justices of the peace.
For St. Luke's, three justices of the quorum and four justices of the
peace.
For St. Paul's, five justices of the quorum and seven justices of the
peace.
For Prince William's, three justices of the quorum and six justices of
the peace.
For St. Peter's, three justices of the quorum and four justices of the
peace.
For St. Helena, Port Republic, three justices of the quorum and four
justices of the peace.
For St. John's, Colleton, three justices of the quorum and three justices
of the peace.
For St. Bartholomew's, five justices of the quorum and ten justices of
the peace.
OF SOUTH CAROLINA. 3i3
For St. James's, Goose-creek, three justices of the quorum and fourjus- A.V) 1799
tices of the peace. ^..i^'v^^.'
For the parish of Christ-church, two justices of the tjuoruni and three
of the peace.
For tlie parish of All Saints, three justices of the quorum and four of
the peace.
For Prince George's, Winyaw, five justices of the quorum and seven
justices of the peace.
For Kingston county, three justices of the quorum and five ju.stices of
the peace.
For Liberty county, five justices of the quorum and seven justices of
the peace.
For Williamsburgh, five justices of the quorum and seven justices of tlie
peace.
For Orange county, five justices of the quorum and ten justices of the
peace.
For Winton county, six justices of the quoium and ten justices of the
peace.
For Lexington county, four justices of the quorum and eight justices of
the peace.
For Lewisburgh county, four justices of tlie quorum and four of the
peace.
For each of the counties of Edgefield, Greenville, Abbeville and Lau-
rens, seven justices of the quorum and eighteen justices of the peace.
For all other counties throughout the State, five justices of the quorum
and fifteen justices of the peace respectively.
V. And be it further enacted by the authoiity aforesaid, That if any
justice of the peace or justice of the quorum shall be convicted of any Justices con-
mal-practice in his office, before any court of justice having conipeteiit^J.^'^'j;^"'^!™* '
jurisdiction, his office shall be of course vacated, and he .shall be for ever punished,
incapable of holding or exorcising the office of justice of the quorum or
of the peace, in this State.
VL And be it further enacted by the authority aforesaid. That if any justices to
person appointed a justice of the quorum or a justice of the peace, shall q'^'ify within
not qualify according to law within twelve months after his appointment, ~ "'°" "'
he shall not be permitted to qualify or act under that appointment.
VIL And be it further enacted by the authority aforesaid. That justices To be elected
of the quorum and of the peace shall in future be elected or appointed hy "s heretofore.
the Legislature as heretofore.
Vin. And be it further enacted by the authoiity aforesaid. That where .y, r
any former district shall have been divided in two or more districts by an districts are di-
Act entitled " An Act to establish an uniform system of judicature," passed ^iJcd, Justices
in December, in the year of our Lord one thousand seven hundred and (|,ev reside,
ninety-eight, the justices of the peace appointed for the former district
shall be, and they are liereby appointed, magistrates for the district within
which they reside.
_IX. And be it further enacted by the authority aforesaid. That all ma-^[*|'^|''„*^J'^;;;'-
gistrates under the age of thirty-five years, who are not otherwise exempted emjvt irom mili-
by law, shall be liable to do militia duty. *»<* <^"ty-
In the Senate House, the eighteenth day of December, in the year of our Lord one thousand
seven hundred and ninety-nine, and in the twenty-fourth year of the Independence
of the United States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker of the House of Rcprescitatives.
VOL. v.— 45.
STATUTES AT LARGE
Xo. 1718. AN ACT' to revise and amend an Act entitled "An Act to establish
an nniform and more convenient system of Judicature."
(Passed December 18, 1799. .See last volume.)
No. 1719. AN ACT TO ai'thouize David CAMrBEH. to place a Dam across
Edisto River.
WHEREAS, David Campbell has petitioned the Legislature for leave
Preamble. '° place a dam across Edisto river, at or near a canal leading to the mills
of the said David Campbell ; and whereas, it is found that the same can
be done without injury to the citizens of this State .
L Be. It enacted by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the
David Camp- authority of the same, Tliat the said David Campbell is hereby authorized
to placp a dam to place a dam at or near the canal leading to his mills, not to exceed in
across Edisto height three feet above low water mark, with a good and suiRcient slope
""''■ of three hundred feet, and booms above and below the same ; upon the
condition that the said David Campbell, his heirs, executors, administrators
or assigns, shall and do at all times keep the said dam, slope and booms in
good and sufficient repair, so that no obstruction or impediment be uffiir-
ded thereby to rafts, boats and fish passing up and down the said river, or
to the overflowing of any lands, not his own, adjacant thereto.
n. And he it further enacted by the authority aforesaid. That any person
or persons who shall conceive him, her or themselves to be injured by the
Remedy for in- g^;J Jam, shall state, on oath, the particular nature of the injury he, she or
dain. they complam of, before any one justice of the quorum, resident in Colle-
ton or Orangeburgh districts, who shall have power to sunmiou a jury of
any twelve men, freeholders, residing within twenty miles of the said dam,
to tiy the same ; and tlie said justice of the quorum is hereby empowered
to summon the said jury, and to compel their attendance, under a penalty
not exceeding twenty dollars, to be recovered in any court of record ; also
to compel the attendance of all necessary witnesses in the said trial, under
a penalty not exceeding ten dollars ; and if a majority of the said freehold-
ers should be of opinion that the said dam is an obstruction or injury to
the party complaining or people living on the said river, then and in that
case the said justice of thequorum shall have power, and is hereby directed
and empowered, to cut the said dam, and fully clear the rivei of all ob-
structions from the same, at the cost and expense of the said David Camp-
bell, his lieirs, executors, administrators or assigns, and to levy by execution
the expenses of removing such obstruction, on the propeity of the said
David Campijell, his lieirs, executors, administrators or assigns ; unless the
holders of the said property, for the benefit of whicli said dam is to be
built, shall choose to remove, and shall in manner aforesaid remove, the
said dam, within twenty days after the deterniination of sucli jury that the
same shall be removed.
In the Sonato House, tlic eiirlucenth day of Decemhftr, in the year of our Lord one tliou-
sand seven hundred and ninety-ninn, and in the twenty-fourth year of the Indepen-
dence of the United States of Anicrii-a.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker of tJke House of Rcprexetitatives,
OF SOUTH CAROLINA.
an act' gitantino tub rights and privileges of dr.nlzensiiip to no. 1720.
Alien Friknds, residing, or intending to remove, within the
LIMITS OF THIS StATE.
I. Be it enacted, by the honorable the Senate and House of Rejiiesen-
tatives, now met and sitting in General Assembly, and by the authority , _
of the same, That from and immediately after the passing of this Act, all come denizens,
free white persons, (alien enemies, fugitives from justice, and persons ban-
ished from either of the United States, excepted,) who now are, or hereaf-
ter shall become, residents in this State, shall, on taking and subscribing
the oath or affirmation of allegiance before one of the judges of the court
of common pleas, be deemed denizens, so as to enable such persons to
purchase and hold real property within this State, and in all other respects
to entitle such person to the like protection from the laws of this State as
citizens are entitled unto.
n. And. be it further enacted by the authority aforesaid, That the judge
before whom such oath shall be taken, shall certify the same, in which cer-
tificate, when given to a family, shall be inserted the name and age of each, Crmficate.
together with the place of their nativity and former residence, all which shall
be declared on oath by the head of each family; and when given to a single
person, his or her plare of nativity and former residence shall be inserted ;
which certificate shall be recorded in the office of the secretary of State
either in Charleston or Columbia, within sixty days.
in. Be it enacted by the authority aforesaid. That any person or per-
sons neglecting to record their certificates aforesaid within the time limited
by this Act, shall be deprived of any benefit to be deiived from the same.
IV. Be it further enacted by the authority aforesaid. That the secretary Fee.
of the State shall be authorized to demand for recording each certificate
for one person, twenty-five cents ; and fora family not exceeding three, fifty
cents ; and exceeding that number, one hundred cents for any record afore-
said. Provided that nothing herein contained shall be construed to confer
on any denizen the right of voting at any election for members of either p. •
branch of the Legislature, or for any public officer of this State, or of being
eligible as a member of either branch of the Legislature, or to any office
of tru-st or profit in this State.
In the Sen.-ite House ttie twenty -first Aay of December, in the year of our Lord one thou-
sand seven hundred and ninety-nine, and in the twenty. fourth year of the Indejien-
dence of the United States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker of the House of Representatives.
AN ACT TO regulate the pay of the Members of the Leoisla- Vo. I72I.
ture, during their attendance upon the same ; am) also of the
Circuit Solicitors.
WHEREAS, the present pay of the members of the Legislature, at the I'reamble.
rate of seven shillings per day, is evidently indequate to the defraying ol'
356 STATQTES AT LARGE
A.l>. 17'j9. their expenses duiing their attendance upon their duties as members ol'the
^^^~^''""*'^ same :
I. Therefore he it enacted, by the honorable the Senate and the House of
Comptnsation Representatives, now met and sitting in General Assembly, and by the
t'he'Le"i3la- °^ authority of the same, That from and after the next general election of
ture. members of the Legislature, the members of the Legislature who shall
hereafter assemble under the Constitution of this State, shall be entitled to
receive out of the public treasuiy, as a compensation for their expenses,
the sum of two dollars and a half per day during their attendance, and
going to and returning from the legislature, allowing each member to trav-
el at the rate of thirty-five miles per day.
II. And be it further enacted, by the authority aforesaid. That the cir-
cuit solicitois who shall hereafter attend on any future Legislature, shall
severally be entitled to receive out of the public treasury, in addition to
their fixed salary, the sum of two dollars and a half for each day during
such their attendance.
In the Senate House, the twenty-first day of December, in the year of our Lord one
thousand seven hundred and ninety -nine, and in the twenty-fourth year of the Inde-
pendence of the United States of America.
.JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker of the House of Representatives.
Of the Solici
tors.
No. 1722. AN ACT to explain an Act entitled "An Act to regulate the
opening of Dams across Rice grounds, and the 7>iaking and keeping
up Dams for reservoirs of water," passed on the elevenih day of
March, in the year of our Lord one thodsajid seven hundred
and eighty-six ; and for other purposes therein mentioned.
WHEREAS, doubts have arisen under the said Act :
I. Be it enacted, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same. That nothing contained therein shall be construed to autho-
rize any person or persons to keep water at any time on any lands other
than his, her or their own.
II. And whereas, by the second section of an Act entitled " An Act to
einpower commissioners therein named, to cut, sink and keep in repair
drains and water passages in Cacaw Swamp, in the parish of St. Paul's, it
is provided that a majority of the commissioners therein appointed, or
their successors, shall have power to nominate three disinterested freehold-
ers of the parish, who shall fix and ascertain, upon oath, the value of all
the swamp lands lying in the neighbourhood of the said canals, or cither of
them, and the ratio or proportion in which they will be benefited by the
same, and also the ratio or proportion in which the negroes belonging to
the owners of the said lands, and liable to work on the said drains and ca-
nals, ought to be assessed, according as theirlands may be benefitted thereby,
and shall deliver to the said commissioners the valuation and ratio so made,
under their hands and seals ; and whereas, the said commissioners, in pur-
suance of the aforesaid Act, have from time to time appointed freeholders
OF SOUTH CAROLINA. 35
for the foregoing purposes, who being uninterested in the issue of the un- A. 1). 1799.
dertaking, and amenable to no penalty, have forborne to fulfil the duties ^-^'^^^^''•^
prescribed thereby ; for remedy whereof, Be it enacted by the authority
aforesaid, that the duties, powers and authorities delegated to the said
freeholders, shall be, and they are hereby, transferred to the commissioners
for siuking tlie said drains, who shall be sworn to the due performance
thereof.
III. And he it further enacted by the authority aforesaid. That the said
commissioners shall be vested with all the powers and authorities of the
commissioners of the high roads; and they, or a majority of them, are
hereby empowered, at any time from and after the passing of this Act, to
call out and employ all the male slaves residing or employed on any lands
within the limits of the aforesaid drains or canals, for carrying into effect
the above purposes.
In the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand seven hundred and ninety-nine, and in the twenty-fdurth year of the Inde-
pendence of tlie United States of America.
JOHN WARD, Prendent of the Senate.
WM. JOHNSON, Jr. Speaker of the House of Representatives.
AN ACT TO VEST IN THE Rev. Simon Fklix O'Gallagher, Pastor, No. 1723.
A.VD OTHEKS COMPOStNU THE VeSTRY OF THE INCORPORATED RoMAN
Catholic Church of Charleston, the right of the State in
A certain lot of land supposed to be escheated.
WHEREAS, the Reverend Simon Felix O'Gallagher, minister and
pastor, and James Moles, John Sutton, Samuel Corbett, Patrick Byrnes,
Francis Mulligan, Edmuud Mead Phelon, Christopher M'Donald and
Richard Brenan, vestry, of the incorporated Roman Catholic church of Preamble.
Charleston, in behalf of themselves and other the members of the said
church, have, by their petition to the Legislature, represented that Joseph
Mincon, late of the city of Charleston, deceased, a member of, and much
attached to, the said church, was, in his life time and at the time of his
death, possessed of some personal property, and also of a lot of land, situ-
ate on the north side of Queen-street, between Union-street and the Bay,
containing in front on the said street, twenty-five feet nine inches, and in
depth, eastwardly and westwardly, fifty-two feet six inches, and northward-
ly on the back line nineteen feet six inches ; and which said lot of land is
butting and bounding noithwardly on land belonging to Thomas Roper,
Esq., eastwardly on lands of Theophilus Elsworth, southwardly on Queen-
street aforesaid, and westwardly on a lot now or lately belonging to the
estate of Thomas Odinsell Elliott, Esq. ; and which said lot of land, it is
suggested, has, from a default of heirs, become escheated to the State.
And whereas, it appears from the said petition, and the affidavits accom-
panying the same, that it was the intention of the said Joseph Mincon to
have made his will and to have bequeathed and devised the whole of his
estate, both real and personal, to the use of the said church, and that he
was only prevented from the execution of his purpose by the suddeness
358 STATUTES AT LARGE
A. 1). 1799. of his death. And wliereas, it Would be unbecoming the liberality of the
^-''''"^^'^ Legislature to avail itself of an accident, to the injury of the said church :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That all the right, title, interest or claim, whicli has
&,c'"to'tlie''" ' ov may accrue to the State, in the said lot, by escheat or otherwise, be, and
Catholic the same are hereby, vested in the said Simon Felix O'Gallagher, minister
Church. gjjj pastor, and James Moles, John Sutton, Samuel Corbett, Patrick
Byrnes, Francis Mulligan, Edmund Mead Phelon, Christopher M'Donald
and Richard Brenan, composing the vestry of the said incorporated Roman
Catholic church, in trrist for the use and benefit of the said chui'ch.
II. And be it further enacted by the authority afoiesaid, That the said
Minister and Simon Felix O'Gallagher, pastor, and Charles Crawly, James IMoles, John
vestry appoint- Sutton, Samuel Corbett, Patrick Bvrnes, Francis Mulligan, Edmund Mead
ed escheators. pj^gi^,^^ Christopher M'Donald a'nd Richard Brenan, be, and they are
hereby appointed, escheators, and vested with all the powers and authori-
ties vested by law in the escheators of this State, so far as the same may
be necessary towards prosecuting the right of the State to the lot above
mentioned. Provided nevertheless, that nothing in this Act contained
shall be construed to prejudice the rights of any person or persons claiming
under the said Joseph Mincon, either by descent or purchase.
In the Senate House, the twenty-first day of December, in the year of our Lord one
thousand seven hundred and ninety-nine, and in tlie twenty-fourth year of the Indepen-
dence of the United Slates of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Sjieaker of the Ho>^se of Representatives.
No. 1724. AN ACT to prevent the opening of Streets, Lanes, Alleys and Courts,
within the City of Charleston, without permission specially obtained.
(Passed December 21, 1799. See last volume.)
No. 1725. AN ACT to incorporate the Baptist Church at the head of Enoree river,
by the name of " The Head of Enoree Baptist Society."
(Passed December 21, 1799. See last volmne.)
No. 1726. AN ACT to incorporate the Charleston Water Company.
(Passed December 21, 1799. See last volume.)
STATUTES AT LARGE
AN ACT to establish certain Roads and Ferries ; and for other purj50ses No. 1727.
therein mentioned.
(Passed December 21, 1799. See last volume.)
AN ACT TO E.N'ARLE THE AcRlClLTURAL SoCIETY OF SoUTH CAROLINA Nq. 1728.
TO DISPOSE OF THE EsTATE OP THE LATK Dr.. JoHN DeLAHOWE, IN
THE MANNER THIREIN MK?iTIO>ED.
WHEREAS, John Delahowe, late of Abbeville county, in the district
of Ninety-six, physician, deceased, in and by his last will and testament,
devised and bequeathed all of his estate to the Agiicultural Society of
South Carolina, in trust for the purpose of establishing and supporting, on
his plantation in the said county, a seminary for the education and support Preamble,
of orphans, or the children of poor people; but did not give the said soci-
ety power to sell the same, for the said purpose. And whereas, it appears
from the best and most unquestionable information, that the benevolent
intentions of the testator must be frustrated, unless that Society be empow-
ered to sell a part of the same, and vest the proceeds of the sale in such
funds as will produce an income sufficient to maintain the institution con-
templated by his will ; inasmuch as by far the greater part of his estate
consisted of lands in the said county of inferior value and fertility, which
cannot be rented out to advantage by any one, but more especially by that
Society, as it is established in a part of the State very remote from Abbe-
ville county. And whereas, the said Society have prayed to be discharged
from that trust, if they should not be empowered to sell a part of the said
estate, and there is reason to expect that if this power be not granted to
them, the chaiitable wishes of the testator may be wholly defeated : There-
fore, for remedy thereof, and in order to render the laudable views of the
testator as extensively and certainly beneficial as his liberal mind had con-
templated, and for the purpose of supporting his said will, and carrying the
same into effect, according to the true spirit thereof:
I. Be it enacted, by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the The trustees
authority of the same. That the said Society shall have full power and empowered to
./.,,. 11 t *1 IT. poll tVlo OCtotCT
lawful authority to sell and convey away, upon such terms and conditions,
and at such time or times, and place or places, as they may deem most advan-
tageous to their trust, the whole of the estate, real and personal, whereso-
ever and whatsoever, of the said Dr. John Delahowe, (excepting a tract to
contain fifteen hundred acres of land, to be reserved for the school, inclu-
ding the spot and improvements upon the plantation called Lethe, whereon
the testator died ;) and that the monies arising from such sales, and all other
monies belonging to or to be collected for the said estate, shall be vested
in the stock of the United States, or of this State, or of the Branch Bank,
or South Carolina Bank, in Charleston ; and that the annual interest or
sell the estate.
360 STATUTES AT LARGE
A. D. 1799. clear income thei'eof shall be applied and appropriated according to the
^-^"""""''•^ trust and terms of the said testator's will.
In tne Senate House, the twenty-first day uf Deceniher, in the year of our Lord one thousand
se.ven liundred and ninety-nine, and in the twenty-fourth year of tlie Independence of
the United States of America.
JOHN WARD, Presidmt of the Senate.
WM. JOHNSON, Jr. Sjjeaker of the House of Representatives.
No. 1729. A'N ACT to kstablish the ofi-ice of a Comptroller op the Revenue
AND FlN.\NCES OF THE StaTE ; AND FOR OTHER PURPOSES THEREIN
mentioned.
I, „ ,, WHEREAS, the financial system of this State is in many respects cx-
I leajnhle. . ' . i i r J l
treinely detective : in remedy tnereot,
I. Be it enacted by the honorable tlie Senate and the House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same, That acoraj)troller of the treasurer be, and he is hereby, appoint-
Comptroller g^^ whose duty it shall be to superintend, adjust and settle all the former
his duties' de" accounts of the treasurers and tax-collectors of this State, (not heretofore
fined. settled and adjusted,) to superintend the collection of the future revenue,
and the settlement, adjustment and preservation of the public accounts; to
direct and superintend prosecutions for all delinquencies of any officers
heretofore or hereafter to be employed in the collection of the revenue, and
the enforcement of all or any execution or executions, issued or to be
issued, for arrearage of taxes and suits for any debts which may be due to
the State; he shall decide on the official forms of all papers to be issued
for collecting the public revenue, and the manner and form of keeping the
accounts of the persons employed therein ; he shall prepare and report, at
every session of the Legislature, estimates of the public revenue and pub-
lic expenditure, and shall at the same time render fair and accurate copies
of all the treasurers' monthly reports, and a true and accurate account of
the actual state of each department of the ti-eas'i! y ; and that the books of
the treasurers of this State shall, at all seasonable times, be open to the in-
spection and examination of the said comptroller, as shall also the books
and accounts of all other person or persons concerned in the collection or
safe keeping of any of the public monies or funds of this State.
IL Be it enacted by the authority aforesaid. That it shall be the spe-
cial duty of the said comptroller, immediately on his entering upon the
Law officers to fluties of his office, to require of the several law officers of this State, ha-
make a return ... , c /. ^i . i- • . j • .
to the Conip- '^'"'g '" charge the recovery oi any ot the public monies, a true and just
troller. account of the same, and a full and accurate statement of the proceedings
thereon, together with the reason within his or their kiun\ ledge why the
recovery of the same has been impeded.
ni. Andhe it enacted by the authority aforesaid, That the right of im-
Ther'irhf f parlance, in suits which have been brought in behalf the State, or which
parlance taken shall or inay hereafter be brought or prosecuted by the comptroller, by vir-
away from such [yg ^f ],jg office, against all or any person or persons who have neglected
reaimiiU>n. '^ to account for public monies received by them, or which may hereafter be
OF SOTTTII CAROLINA. 3G1
receiveJ by thoni, shall he, and the same is heveUy, taken away ; any law, ■^•'•- '■'■'^
usage or custom to the contrary, uotwithstarnling.
1\^. .l«rZ ic /C ewnr/c.^? by the authority aforesaid, That the said comp-
troller shall have, and he is hereby vested with, full power and authority, co„,,,„.oiierto
during the recess of the Legislature, to suspend from office all and every suspend any
tax-collector who has been appointed since December, one thousand seven tax collector,
hundred and ninety-one, or who .shall hereafter be appointed by the Legis-
lature of this State, who .shall neglect or refuse faithfully to perform the
duties of his said office : Provided always, that such suspension shall be
previously approved of by his excellency the governor for the time being,
who shall be, and be is hereb}', authorized to substitute and appoint fit and
proper person or pi'rsons to execute the duties of the per.<on or persons
so suspended, during the recess of the Legislature.
V. And he it enacted by the authority aforesaid. That from snd
after the passing of this Act, it .shall be the duty of the treasurei-s, and
each of them is hereby required, at the end of every month, to report to the „'pon their
comjjtroller an accurate statem.ent of the cash transactions of the treasury; cash transac-
and it shall be the duty of the said coinptroller, once in every month, and commvoUer.
at such other times as he shall deem necessary, to examine the cash in the
treasury at Charleston; and once in every year, and oflener if he thinks
it necessary, to examine and count over the cash in the treasury at Colum-
bia. He shall personally superintend the transfer of money and papers
from tlie office of the treasurers to their successors, and report to the Le-
gislatnre thereon at their next session.
VL And be it enacted by the authority aforesaid, That it shall be
the duty of the comptroller to draw either general or special warrants „
.1 11 1111 1 • 1 c 11 ■ Comptroller to
upon the treasury, when he shall be thereto required, tor all monies ex- ,|fa,^.\varpints
ceeding one hundred dollars, which by law are directed to be paid out of upon the trea-
the treasury of this State ; and that no greater sum shall be drawn out of ^"jj^jjg"'^^;^;,,^
the treasury, but by such general or special warrants; which warrants loO dollars.
shall express on what accounts such money is due by the State ; and the
treasurers, after making a proper entry of each warrant, shall keep the .same
regularly filed in his office ; and that it shall be the duty of the said comp-
troller to take a leceipt and copy for eveiy warrant so issued by him, and
to keep the .lame regularly filed or entered in his office.
VII. And be it enacted by the authority aforesaid, That the trea-
surer on receiving any monies from a tax collector, or any other person, on Treasurer (m
account of this State, shall give him therefor two receipts, one of which it receiving mu-
shall be the duty of the tax collector, or such other person, forthwith to '"^i^^JJ™" i^'*"
transmit in the safest and most expeditious manner to the comptroller ; give two Ve-
and in case any tax collector or any other such person shall refuse to do ™'P's-
the same, he shall forfeit and pay a sum not exceeding one hundred dol-
lars, nor less than ten dollars, to be recovered in a summary manner by
warrant under the hand and seal of the said comptroller.
VIII. And he it enacted by the authority aforesaid. That the said Comptroller to
comptroller shall perform the duties of the commissioner of public accounts, do the duties
as heretofore performed by the treasurer in Charleston, beside the duties g^pf™™^y'°jy
aforesaid presciibed, and shall reside during the sitting of the Legislature
at Columbia.
IX. And be it enacted, by the authority aforesaid, That the said comp-
troller shall be elected by both branches of the Legislature of this State, Shall continue
shall be commissioned by the governor for the time being, shall commence '" ""''^^ '""
the duties of his office from and after the first day of March next, and'
continue in office for two years from that time, and receive for his services
an annual salary of two thousand dollars.
VOL. v.— 4C.
362 STATUTES AT LARGE
A.r». I79f>. VI. A/id he it enacted by the authority aforesaid, Tliat all accounts
'""^-'^-''^ again:<t the State shall be transmitted to one of the treasurers, who shall
Accounts to be send thern to the comptroller on or before the first day of October in every
traiisinitted to year ; and it shall be the duty of the said comptroller to examine the said
the complrol- ■' ^ , ., •',^., ^.,,.
l^r. accounts, and transmit thein to the Legislature, with his report, as soon as
may be after the commencement of their session.
XL And be it eaacted hy the authority aforesaid. That the said comp-
troller shall not only perform all the duties prescribed by this Act, but all
other duties to be enjoined by any future Act of the Legislature of thia
State.
XIL And be it enacted hy ihe authority aforesaid. That tlie treasurers
of Charleston and Columbia shall, under the direction of the comptroller
airoTii-'i the aforesaid, cause to be opened in their respective offices, on the first day of
st.iteto be le- April ne.Kt, books for the registry of all legal debts and demands of every
gistered. denomination, kind or nature whatsoever, which any person or persons
whomsoever now hath against this State, (the funded debt of the State, and
all accounts barred by law, excepted, j which said books shall be kept open
for the purposes aforesaid until the first day of October, one thousand
eight hundred and one ; and that all persons having any legal demands
against the Stale, who shall neglect or refuse to deliver in and register the
same on or before the said finst day of October, one thousand eight hun-
dred and one, shall, from and after that day, be for ever barred and exclu-
ded, as creditors of the State ; and that it shall be the duty of the said
comptroller, from time to time, to state to the Legislature the nature and
extent of the said claims so registered, and the practicability of providing
adequate funds for the immediate and absolute dischaige of the said regis-
tered demands, or the funding thereof, and providing for the punctual pay-
ment and discharge of all annual interest thereon.
XIII. And he it cnrictcd hy the authority aforesaid. That no former
treasurer, whose accounts hath not been settled under the inspection of the
comptroller, shall be eligible to the office of comptroller.
XIV. And be it enacted by the authority aforesaid. That the comptroller
Comptroller to shall, before he enters on the duties of his office, give bond for the faithful
give bond. discharge of the duties thereof, with one or more securities, to be approved
of by the governor for the time being, in the sum of thirty thousand dol-
lars.
XV. And be it enacted by the authority aforesaid. That the comptroller
Shall keep a shall, immediately after entering on the duties of his office, open a book
book, and re- or books, in which he shall register all the aggregates of taxable property
gisterall taxa- ^j' j^^jg State, of every description: and to enable the said comptroller
ble property. „,, ' ,-i • n' i.i i i-ii
more fully to carry this law into eltect, he is hereby authorized and re-
quired to claim and receive all the tax returns, which may be either in 2)os-
seasion of the treasurers or of the clerk of the house of representatives,
and to keep the same in his office.
XVI. And he it enacted by the authority aforesaid. That it shall be the
He shall exam- '^'''y "^ ''^''' ^^^'^ comptroller to examine and compare the returns from the
ine and com- different parishes, counties and districts, and wherever he shall have rea-
pare returns, g^,^ from such examination, to believe that the lands in any of the parishes,
and proceed ' . ,. ,. ' . , ,, ,, i ,• • i ] i in
Mgainst coUec- counties or districts as aforesaid, aie not fully and fairly leturned, lie shall
tors where immediately give notice thereof to the tax-collector of such ])arisli, county
returns T district, and direct an immediate enquiry to be made therein ; and in
case it shall appear to him that the said tax collector hath been knowingly
and wilfully concerned in the making a false return oi returns, then the
said comptroller shall proceed against such tax collector, in the manner
that th» treasurers are directed to proceed against tax collectors in case of
OF SOUTH CAROLINA. S63
their not returning to thera just and true accounts of all monies received -■^- ''■ •'''■'-•
by them, as directed by the first clause of the " Act declaring the poweis, ^-^""^^'^'^^
and duties of the enquirers, assessors and collectors of the taxes, and other
persons concerned therein," passed the twenty-seventh day of February,
one thousand seven hundred and eighty-eight.
In the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand seven hundred and ninety-nine, and in the twenty-fourth year of tlie Inde-
pendence of the United States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker of the House of Representatives.
AN ACT to incorporate the Upper Long Cane Society, m Abbeville No. 1730.
District.
(Passed December 2) , 1799. Set' last volume.)
AN ACT to compensate the heirs and devisees of Peter Porcher, de- No. 1731.
ceased, for certain property therein mentioned.
(Passed December 21, 1799. See last volume.)
AN ACT TO VEST IN THE Camdkn Orphan Society, and in othkr No. 1732.
Charitable Societies therein ME^■TIONED, the escheated pkop rtv
THEREIN MENTIONED.
WHEREAS, the establishment of public schools is beneficial to the Preainhle.
State, and ought to be encouraged :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That all such property as hath heretofore escheated,
or may hereafter escheat, to this State, in the said county, or within the r'j^Jj'J^.j'^^g.,gj
present limits thereof, on account of property which, by an Act entitled in the Camden
"An Act to appoint escheators, and to regulate escheats," hath escheated*-*''!'''''" ^'"^''
to this State, shall be, and the same is hereby, vested in the Camden
Orphan Society, for the purpose of promoting the beneficial purpose of
the said society, and for endowing and supporting a school in the town of
t Camden, in the said county : Provided, the same do not exceed the sum
' of nine thousand dollars. And for receiving and disposing of the same
property, the said Camden Orphan Society are hereby vested with all the
powers heretofore vested in the person or persons heretofore appointed
escheators in the several districts throughout this State, so far as the same
364 STATUTES AT LARGE
A.I).17Si9. concerns that part i_)f the Slate wliicli i.> includetl in tlie present limits of
^-^"^'^^"^ Kershaw county.
II. And be ft. further enacted by the authority aforesaid, That the said
Saia society to Camtlen Orplian Society be, and the said society is hereby, vested with a
cat^on'ofsTh" discretionary power of directing the application of the said property, in
property. such manner and way as shall seem to the said society best calcidated to
answer tlie beneficial purposes of this Act.
III. And be It further enacted by the authority aforesaid. That the said
Kmpoworedto Camden Orphan Society be, and the said society is hereby, empowered
draw lotitries. ^^ j .authorized to establish and proceed to draw and finally conclude, one j
or more lottery or lotteries, for the purposes aforesaid. Provided, that
there shall not be raised, by means theieof, a sum exceeding seven thou-
sand dollars.
IV". And be it further enacted by the authority aforesaid, Tliat all such
Escheated property as hath heretofore escheated, or may hereafter escheat, to this
property in State, ill the county of Lancaster, under the operation of the above re-
countv'vest^d cited .\ct, shall be, and the same is hereby, vested in the trustees iiere-
in trustees, lor afier appointed, for the purpose of endowing and supporting a school m
endoY„ga j|^g ^^-^^ county of Lancaster ; which said trustees, or any three of them,
^^ shall have, and ihey are hereby vested with, all the powers vested in the
person or persons a])pointed escheaiors in the several districts throughout
this State, so far as th.- same concerns that part of the State included
within tlie present bounds of the said county of Lancaster : Pro-
vided, the said propeity shall not exceed the value of nine thousand
dollars u u
V. And be it further enacted by the authority aforesaid. That the Kev.
John Brown, Dr. Samuel C. Dunlap, Jr. John Ingram, John Montgom-
I?med"fo?' try and William Nesbit, shall be, nnJ they are hereby appointed, trustees
I.ancaMer, to for the purpose of receiving and disposing of the escheated property within
direct the ap. jj^^ ^^jj ^unty of Lancaster; and that ihey, or any three of them, shall
esSed have, and they are hereby vested with, a discretionary power of directing
property. thg application of the escheated propeity in the said county of Lancaster,
in such manner and way as to them shall seem most conducive to the ben-
eficial purposes of this Act. ■ , rrt A
VI. And be it further enacted by the authority aforesaid, Ihat the said
And tokeei, an Camden (Jrphan Society, and the said trustees for the said county of Lan-
rccountofihe caster, shall keep an accurate account of all their proceedings in regard to
property so ^j^^ property granted as aforesaid, which, whenever lequired so to do,
S '° thev shall lay the same before the Legislature, for their information
VII. And be it further enacted by the authority aforesaid, Ihat all such
n , liionertv as hath heretofore escheated, or which may hereafter escheat, to
Se"ted""op. this State, in the counties of Union, Yoik and Chester, or within the pre-
erty vested in ^^^^ 1),^^;,^ thereof, which by an Act entitled " An Act to appoint escheat-
AlexTdrit ors and to regulate escheats," hath escheated, or may escheat, to this State,
College. b1,.,ii be, and the same is hereby, vested in the trustees of Alexandria Col-
letre for the purposes of promoting ihe beneficial purposes of the co lege,
and for endowing and supporting said college ; provided, the same do not
exceed the sum of nine thousand dollars. And for receiving and disposing
of the said property, the said trustees are hereby vested with all the
powers heretofore vested in the person or persons heretofore appointed
escheators in the several districts throughout this State so far as ti.e same
concerns that part of the State at present included in the limits of Union,
York and Chester counties.
VIU And be it further enacted by the authority aforesaid, I hat ttie saitl
trustees of Alexatulria College be, an.l the saidtiustees are hereby, vested
OF SOUTH CAROLINA. :JG5
with a (Jiscietiuimi-y power to direct the appHcatiun of the said properly, in ■'^- "• '"'''■••
such manner and way as shall seem to the said trustees best calculated to ^-'•'"^^"^-'
promote the interest of Alexandria College.
IX. A/id be it enacted by the authority aforesaid, Tliiit the said trustees of
Alexandria College shall keep an accurate account of all their proceed- Said trustees to
ings, in regard to the property hereby vested in them, which, whenever ""^"^P "" "'=■
required so to do, they shall lay before the Legislature for their inspec-''""'" ""
lion.
X. A/id be it enacted by the authority aforesaid, That all such
property as hath heretofore escheated, or may hereafter escheat, to the Escheats witli-
State, by virtue of the aforesaid Act to appoint escheators and regulate Yy|f|i,^'|,'|^'^u^^^^^^^
escheat.-;, within the election district of Williamsburgh, shall be, aiTd the vested in the
same is hereby, vested in the trustees for the establishment of the Williams- w'-n?"* "/"'f,
burgh Academy ; which said trustees, or a majority of them, are hereby Academy. °
vesteil with all the powers given to the escheators by the Act aforesaid, so
far as the said powers relate to the escheated property within the said dis-
trict; provided, that the property so vested shall not exeeed the amount
of ten thousand dollars.
XL And he it enacted by the authority aforesaid, That the said trustees
are hereby vested with ample poweis to sue for and recover the same, in P"^'"'* ""d
the name of " The Trustees of the Williamsburgh Academy;" and may said'lrustees.
direct and apply the said property, after the same shall be recovered by-
law, or given up to them, in such manner as the said trustees, or a major-
ity of them, shall think best, for the benefit of the said academy ; and the
said trustees shall also keep regular and accurate journals and accounts of
all their proceedmgs in regard to the property vested in them as aforesaid ;
which accounts of their proceedings shall always be liable to the inspec-
tion of the courts of common pleas and of the Legislature, when called
for.
XIL And be it enacted by the authority aforesaid. That all sucli prop-
erty as hath heretofore escheated, or may hereafter escheat, to the State, ?^'^''^^'.^ "■.''''•
by virtue of the aforesaid Act to appoint escheators and regulate escheats, o" Colleton"^'
within the district of Colleton, shall be, and the same is hereby, vested in vested iu trus-
the trustees hereiuafter to be appointed, for the establishment of a school "^?*^ '?'' ^
, . , T . 1 * 1 • 1 ■ . n 1 1 school.
in the said district ; which said trustees, or a majority or them, are hereby
vested with all the powers given to the escheators by the Act aforesaid,
so far as the said powers relate to the escheated property within the said
district ; provided, that the property so vested shall not exceed the amount
of ten thousand dollars.
XIIL And be it enacted by the authority aforesaid, That General John
M'Pherson, Thomas Osborn, Paul Hamilton, O'Brien Smith, William B- J^p^esclreat-
Mitchell, John Glaze, Benjamin Postell, Dr. James Perrv, William Post- ed property.
ell, Benjamin Perry, Thomas Waring, of Pine Hill, William Hayne, and
Dr. Matthew O'Discoll, be, and they are hereby appointed, trustees for
the purposes of receiving and disposing of the property above specified,
within the district of Colleton ; and the said trustees, or a majority of
them, are hereby vested with ample powers to sue for and recover the
same ; and they may direct and apply the said property, after the same
shall be recovered by law or given up to them, in such manner as the said
trustees, or a majority of them, shall think most conducive to the benefit of
t)ie said school ; and the said trustees shall also keep regular and accurate
journals and accounts of all their proceedings in regard to the property
vested in them as afijresaid ; which accounts of their proceedings shall
always be liable to the inspection of the courts of common pleas or equity,
and of the Legislature, when called for.
366 STATUTES AT LARGE
A.D. irya. XIV. And be it further enacted by the authority aforesaid, That in all
^~-^'~^'"^~' cases where vacancies may happen in any of the boards of trustees estab-
Vacancies lislied by this Act, the remaining trustees shall have power to fill up the said
among trustees yjgjj,^(,[gg j^, {[^g game manner commissioners of the high roads now fill up
how to be • .1 • 1 J
Fupplied. vacancies in their boards.
XV. And he it enacted by the authority aforesaid. That all the
Escheats in St escheated property in the two parishes of Saint Philip and Saint Michael,
Philip and St. iiow escheated, or which shall hereafter escheat, to this State, situated
Michael vested ;^ jj^g g^jj parishes, not exceeding fifty thousand dollars, shall be.
Council of ''nd the same is hereby, vested in the City Council of Charleston, for the
Charleston, for benefit of the Orphan House of Charleston; and the said City Council
the Orphan" shall be, and they are hereby, vested with all the powers necessary for
House. escheating, selling, and appropriating the said property for the benefit
of said Orphan House.
In the Senate House, the twenty-first day of December, in the year of our Lord one thousand
seven hundred and ninety-nine, and in the twenty-fourth year of the Independence
of the United Stales of America.
JOHN WARD, President of the Senate.
\VM. JOHNSON, Jr. Speaker of the House of Representativci.
No. 1733. AN ACT respecting the Division Line between the Parishes
OF St. James, Goose Creek, and St. George, Dorchester.
WHEREAS, the inhabitants of the upper part of the parishes of St.
Preamble. James, Goose Creek, and St. George, Dorchester, are subjected to
many inconveniences from the division line between the said parishes not
being fully ascertained and established :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
CommiBsioners amhQi-ity of the same, That Robert Thornly, Abraham Rumph, Hugh
appoin e . St:r;i;,j Winters, Gideon Browning and Zachariah Dehay, or any three of
them, be, and they hereby appointed, commissioners for running the division
line between the parishes of St. James, Goose Creek, and St. George,
Dorchester; and they, or any three of them, arc hereby vested with full
powers to employ one or more suivoyors, as they shall judge necessary,
for running the aforesaid line; and to allow to such surveyor or surveyors
such compensation for his or their services as the said commissioners, or
any three of them, .shall deem adequate for their services.
H. And be it further enacted by the authority aforesaid. That the twenty-
Partof former third clause of " An Act to alter and amend an Act respecting the high
Acts repealed, ^.^^^jg ^^^ bridges, passed the 22d of March, 1785, and fur laying out sev-
eral new roads, and establishing sundry ferries, therein mentioned," passed
the 27th day of February, 17SS ; and the sixth clause of "An Act declaring
the powers and duties of the enquirers, assessors and collectors of the
taxes, and other persons concerned therein," passed in the same session,
be, and the same are hereby, repealed.
HI. And be it further enacted by the authority aforesaid. That the
commissioners hereby appointed shall proceed forthwith in the business
committed to them ; and they are hereby directed, when the same shall be
OF SOUTH CAROLINA.
completed, to make a full report of their proceedings, with an accurate
survey annexed to the same, to this house, in order that the said survey
may be placed on record.
In the Senate House, the twentv-first day ofDeceniber, in the year of our Lord one thousand
seven hundred and ninety-nine, and in the twenty-fourth year of the Independence
of the United Stales of America.
JOHN WARD, President of the Senate.
W!M. JOHNSON, Jr. Speaker of tlie House of Represcntathcs
AN ACT TO iNvtsT John English, Jr. son of Robkrt EKGLit^u, No. 1734.
Di:CE.\SED, WITH SUCH PART OF HIS FATHKr's ESTATE, IN THIS StATE,
as remains undisposed of by the commissiosers of confiscated
Estates.
WHEREAS, John English, Jr. son of Robett English, deceased, hath,
by his petition to the Legislature, stated, that the estate of his father hath „ ,.
been confiscated, and all of it sold and disposed of that was thought
worthy of the notice of the commissioners of confiscated estates ; and
prayed that such part thereof as remains undisposed of, should be restored
to and invested in him :
L Be it therefore enacted, by the honorable the Senate and House
of Representatives, now met and sitting in General Assembly, and by
the authority of the same. That all the estate and property which
was of and belonged to the said Robert English, at the time of the
passing of the Confiscation Act, now remaining unsold and undisposed ^^^"^^^^^^^^^5^
of by the commissioners of confiscation, be, and the same is hereby, re- John English,
stored to and vested in the said John English, Jr. and his heirs and as-
signs, forever ; any law to the contrary notwithstanding. Provided,
nothing herein contained be construed to exonerate or discharge the said
estate from the just debts of the said Robert English, should any aiise or
appear against him. Provided also, nothing herein contained be construed
to guarantee to the said John English the said property or any part there-
of, but merely to give to the said John English the right of the State of,
in and to the said property that remains unsold and undisposed of And
provided also, that nothing herein contained be construed to deprive any
person or persons of any right or title that they may have acquired to the
said property, or any part thereof, by possession, or that they may have
acquired in and by virtue of the Act of the Legislature of this State enti-
tled "An Act for settling the titles of the inhabitants of this Province to
tbeir possessions in their estates within the same, and for limitation of
actions, and for avoiding suits in law."
In the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand seven hundred and ninety -nine, and in the tw^enty-fourtiiyearofthe Independence
of the United States of America,
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker of the House of Representatives.
STATUTES AT LARGE
No. 1735. AN ACT to incorporate a Company for opening a Canal from
River to Chapel Biidge.
Back
River to Chapel
(Passed December 21, 1799. Sec last rolvme.)
No. 1736. AN ACT to autuorizk the Treasuufrs to pay certain pr:Rso>s
THKRI IV MENTIO.M'D, THKIR ANNUITIES, AMI HEGUI.AIING PAYMENT TO
ANNUriANTS.
WHEREAS, it is fouinl that .Toseph Crofts, Mouniiiig Tyler, Mary
Going, Daniel iM'ElklerfF, Henry Casten, Dorothy Loper, Priscilla Liles,
William Carter, Nathan Lusk, Eleanor Rogers, James Swan, David KeiT,
John Calhoun, David Jackson, Thomas Davidson, Andrew Pickens, of
Pienmlile. Abbeville, Samuel Laird, James Breves, Ann Cannon, and Sarah Hodge,
are respectively entitled to a certain sum of money due to them for annu-
ities, which have not been paid in consequence of a resolution passed on
the tenth day of May, in the year of our Lord one thousand seven hun-
dred and ninety-four, directing the commissioners of the treasury not to
pay annuties in future, without the particular order and direction of the
Legislature : n i rr)
1. Br. it therefore enacted by the honorable the Senate and house of Rep-
resentatives, now met and sitting in General Assembly, and by the au-
thority of the same. That the treasurers be, and they are hereby, authorized
and dliected to cause to be paid, in the manner herein after mentioned, to
each of the persons aforesaid, an annuity or sum of five pounds in specie,
Treasurers to ^^ j^^ calculated from the year one thousand seven hundred and ninety-
pav ce.tam '"'-^,^j.gg_ ^^^^^ ^j^^;,. p^aucing certificates to the treasurers of their being by
law entitled to such annuties : Provided, that the said persons have not
heretofore received any compensation on account of their respective annu-
ties ; in which case the sum or sums paid them on account thereof shall be
deducted from that which they may become entitled to receive under and
by virtue of this Act.
H. And he il further enacted by the authority aforesaid. That the said
treasurers be authorized and directed to cause to be paid, in the manner
piiTto A." herein after directed, to Agnes Campbell, formerly Duff, the sum of twen-
Campbcirand ty-five pounds, in full of the arrears of annuity due to her previously to
M. Henderson. ^^^. ^^^^ marriage ; and also the sum of fifteen pounds to Margant Hen-
derson, due her for arrears of her annuity previous to her late marriage,
in. And whereas, it has but too frequently happened that public credi-
O dersin favor '^"''s h^^° been the prey of the designing speculator, and it is highly proper,
o/anmiUan'ts?'^ as far as possible, to guard the unfortunate ; Be it therefore enacted by the
how to be paid, authority aforesaid, that the treasurers be, and they are hereby, authorized
and required to draw orders on the tax collectors of the district in which
each of the annuitants entitled to the public bounty may reside, in his or
her favor, for the amount which may be due ; and the tax collector on
whom such order is drawn is hereby authorized and required to pay out of
the public monies then in his hands, or from the first public monies he .shall
receive, the amount of such order to the drawer only, and not to his other
OF SOUTH CAROLINA. 369
agent, attorney or assignee ; and if the said collector, having public money A. I). I7l>3.
in his hands, shall refuse or delay to pay the said order as aforesaid, or "^-"''v-^.^
shall purchase the said annuity or order, then and in that case he shall
forfeit and be liable to pay double the amount to the said person in whose
favor the order was drawn, to be recovered by bill, plaint or indictment, in
any court having sufficient jurisdiction, wherein no imparlance or dilatory
plea shall be allowed ; and that the offender or offendf-rs shall, on convic-
tion thereof, be committed to close confinement until the same be paid.
IV. And be i/J'urt/ic>- enacted hy the authority aforesaid, Ihat the treasu-
rers shall not draw any order in favor of any annuitant, until he or she Treasurers not
shall have produced, or cause to be produced, a certificate signed by one f° ^''"'^ "',''''"
member of the Legislature and two magistrates, that the person in whose nuitants, un-'
favor the order is to be drawn, is still living, and stating in what district he 'ess living.
or she resides.
In the Senate House, the twenty-first day of December, in the 3'ear of our Lord one tliou-
sand seven hundred and ninety-nine, and in the twenty-fourth year of the Indepen-
dence of tlie United States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker of the Hovse of Represerrlitlhes,
AN ACT supplementary to an Act entitled "An Act to establish an No. 1737.
uniform and more convenient system of Judicature,"
(Passed December 21, 1799. See last volume.)
AN ACT TO RAISR SUPPLIES AND MAKE APPROPRIATIONS KOR THE YEAR No. 173S
ONE THOUSAND SEVEN HUNDRED AND NINETY-NINE ; AND FOR OTHER PUR-
POSES THEREIN MENTIONED.
I. Be it enacted, by the honorable the Senate and the House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same, That a tax, for the sums and in the manner hereinafter men-
tioned, shall be raised, and paid into the public tieasury of this State for
the use and service thereof.
n. And be it enacted by the authority aforesaid. That the sum of twen-
ty-five cents per centum ad valorem shall be paid in specie or paper medi-
um on all lands granted within this State, under the several rea;ulations
hereafter expressed, that is to say : Class No. 1 shall contain all the tideI''a'^o''">'""'0"
swamp of the first quality, not generally affected by the salts or freshes,""
which shall be rated at twenty-six dollars per acre ; all tide swamp of the
second quality, not generally affected by the salts or freshes, which shall be
rated at seventeen dollars per acre; all tide swamp of the third quality,
not generally affected by the salts or freshes, which shall be rated at
eight and one half dollars per acre ; all pine barren land adjoining such
swamps, and having the benefit of water caniage, which shall be rated
VOL. v.— 47.
370 STATUTES AT LARGE
A.U. ITiO. at two ili)lkub per acre ; all prime inland swamp, cultivated and uncul-
^•-^''y^-^ tivated, which shall be rated at an average of thirteen dollars per acre ;
all inland swamp of the second quality, which shall be rated at eight
and one half dollars per acre ; all inland swamp of the third quality, which
shall be rEited at four dollars per acre ; pine barren land, adjoining f)r
contiguous thereto, which shall be rated at one dollar per acre; and all
salt marsh, or inland swamp, clearly proved to the collectors to be incapa-
ble of immediate cultivation, which shall be rated at one dollar per acre.
Class No. 2 shall comprehend all high river swamps and low giounds,
cultivated and tmcultivated, including such as are commonly called second
low grounds, lying above the flowing of the tides, and as high up the coun-
try as Snow Hill on Savannah river, and the fork of Broad and Saluda rivers
on the Congaree, Graves's Ford on the Wateree, and the boundary line on
the Pedee ; the first quality of which shall be rated at thirteen dollars per
acre ; the second quality at eight and one half dollars per acre ; and the third
quality at four dollars per acre ; excepting such as shall be clearly proved
to the collectors to be incapable of immediate cultivation, which shall be
assessed at one dollar per acie. Class No. 3 shall comprehend all high
river swamp and low grounds, lying above Snow Hill, the fork of Broad
ajid Saluda rivers, Graves's Ford, and the old Indian boundary line, which
siiall be rated at three dollars ])er acre. Class No. 4 shall comprehend
all high lands without the limits of St. Philip's and St. Michael's parishes,
within twenty miles of Charleston, and on John's Island and James's
Island, which shall be rated at four dollars per acre. Class No. H
shall comprehend all lands on the Sea islands, (Slann's island included,)
.or lying on or contiguous to the seashore, usually cultivated, or capable of
cultivation, in corn, indigo or cotton, not within the limits prescribed in class
No. 4, which shall be rated at four ilollars per acre. Class No. 6 shall com-
prehend all oak and hickory high lands lying below Snow Hill, the folk of
Broad and Saluda rivers, (iraves's Ford, and the new boundary line on
Pedee, not included in the limits or descri])tion of the two next precedintf
classes, numbers four and five, which shall be rated at three dollars per acre.
Class No. 7 shall include all pine barren lands not included in the classes
numbered 1, 4 and -5, which shall be rated at twenty cents per acre. Class
No. 8 shall comprehend all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first
quality of which shall be rated atone and a half dollar per acre; the
second quality, at one dollar per acre ; and the third quality at forty
cents per acre. Class No. 9 shall comprehend all oak and hickory high
lands above the old Indian boundary line, the first quality of which shall
be rated at one <lollar and twenty cents per acre; the second quality, at
sixty cents per acre ; and the third (piality, at twenty cents per acre. Class
No. 10 shall include all the lands within the parishes of St. Philip and
St. Michael, which shall be assessed in the same manner and upon the same
principles as houses and lots in Charleston, and in a relative projiortion to
lauds in the country.
III. A/id be it enacted by the authority aforesaid, That fifty cents
per head shall bo levied on all slaves ; the sum of two dollars per
Rate of taxing; i n <• ^ ^ i • i i ,■
slaves &,c. head on all tree negroes, mulattoes, and mestizoes, between the ages oi
sixteen and fifty years; and the sum of twenty-five cents on every hun-
dred dollars of the value on all lands, lots and buildings within any city
village, or borough ; and fifty cents ])er centum on all stock in trade, fac-
torage, eiiq)loyments, faculties and professions, (clergymen, schoolmasters,
schoolmistresses and mechanics excepted,) — to be ascertained and rated
by the assessors and collectors throughout the State, according to the best
, Absentees dou-
OF SOUTH CAROLINA. ' 371
of tlieir knowledge and information ; to be paid in specie or paper medium. A.I). \'W.
IV. A)id be it enacted by tlio authority aforesaid, That all negroes ^-^'~^^"^»^
and other slaves who are employed on any lands leased by any person or
persons of the Catawba Indians, shall be, and tl)ey are hereby made, lia-ed''Jn''n,d^au''^'
ble to the payment of this tax. But nothing in this Act contained shall Imuls.
be construed to impose any tax upon the property or estate of any relisious
society, or the South Carolina Society, the Winyaw Indigo Society, the
Fellowship Society, the estate of the late Doctor De la Howe, devised
for charitable purposes, and that part of the real estate of the late Thomas Exceptions.
Wadsworth which was devised for the establishment of a school on the
Clarendon Higli Hills of Santee, or Camden Orphan Society, or the Co-
lumbia Academy.
V. And be it further enacted by the authority aforesaid. That every per-
son entitled to any taxable property or estate in this State, wlio resides
without the limits of the United States, shall, for the use of this State, pay ^i^^'^J'Jgfi^
a double tax on the same. But this clause sliall not be construed to extend
to tlie property of any person sent, or hereafter to be sent, abroad in the
employment of this State or of the United States, until one year after the
e.xpiration or determination of his commission ; or to the property of any
young man sent abroad for his ed\ication, until he attains the age of twen-
ty-three years ; or the property of any person now absent from the
United States, unless such person has been absent for one year.
VI. And be it enacted by the authority aforesaid. That the enqui-
rers, assessors and collectors appointed by law shall do and perform all and
singular the duties of their offices, according to the Act entitled " An Act „ °",',nu;fgrg'"'
for declaring the powers and duties of the enquirers, assessors and collec-asEessors, &c.
tors of the taxes, and other persons concerned therein ;" and that on closing
their accounts with the treasury, and not before, they shall receive five per
cent, on the amount collected, excepting the collectors of St. Philip's and St.
IMichael's parishes, who shall receive but two and a half per cent, on the
same.
VII. And. be it enacted by the authority aforesaid. That the asses-
sors, enquirers, and collectors respectively, shall begintheir enquiry on the „ ,
first day of February next ; and that where all the collectors who were ap- former taxes
pointed for any parish or county are dead, and the tax returns not closed '" ^^ nmde.
with the commissioners of the treasury, the collector who shall be thereafter
appointed is'hereby directed and ordered to demand receipts or to admin-
ister an oath, or to procure other satisfactory proof from the inhabitants of
the county or parish, in order to ascertain whose taxes might be still due,
and to enable the public to discover what sums of money might be due by
the deceased tax collector ; and if the executors or administrators of any
deceased tax collector neglect or refuse to produce the accounts of the de-
ceased, or to give all the information in their power on the subject, the trea-
surers are hereby ordered to proceed according to law against the estates
of the deceased tax collectors.
VIII. A7id be it enacted by the authority aforesaid, That all per-
sons in any wise liable to pay the taxes hereby imposed, shall, on the first Tj^g of pay-
day of February next, give in a true and just return of all slaves, and of ment of taxes,
the quality and quantity of all lands, as directed or required by this Act,
which they may hold or be intitled unto, either in his, her or their own
right, or in the right of any person or persons whomsoever, either as
guardian, trustee, attorney, agent, executor, administrator, or otherwise
howsoever ; and shall, on or before the first day of April next, pay their
taxes to the collector of that parish, county or district where the party
making such return, either by himself or his or her family, may reside the
372 STATUTES AT LARGE
A. D. 1799. greater part of the year. And that the said assessors and collectors shall
^"^^^'"'"'^ pay the same, and settle their accounts with the treasury, on the first day
of June next.
IX. And belt enacted hy the authority aforesaid, That it shall be the
duty of every tax collector in this State when he makes his general return
of taxes, to annex thereto a list of all the taxable property in his district
which has come to his knowledge, and is not returned to him, describing
such propertyin the most parlicularmannerhecan, andannexingthereto the
narae or names of the owner or reputed owner or owners of such property.
X. And be it f«rtttoZ by the authority aforesaid. That the tax coUec-
What shall be tors throughout the State shall receive no payment of taxes but in gold
received for or silver coin made current in this State, the paper medium issued under
the authority of the Legislature, bank paper redeemable in the first in-
stance with gold and silver at the bank of the United States, the branch
thereof in Charleston, or the bank of South Carolina, or certificates for the
pay of the members of the Legislature, or of the Solicitors, for their atten-
dance onthe Legislature.
XL And whereas, many large tracts of land within this State have lately
Land o.vned by been sold in the Northern States and in foreign countries, and the owners
fhe^Si'^e""'"'^ thereof are supposed at present to pay no taxes whatever; Therefore be it
enacted by the authority aforesaid. That it shall be the duty of, and it is here-
by enjoined on, all tax collectors to enquire for all such land, and to collect
the tax and arrears of tax thereon; and if the said tax and arreais of tax
thereon siiall not be fully paid at or before the time hereinbefore appoint-
ed for the payment of the general tax, then the tax collectors shall fojth-
with proceed to sell the same, agreeably to the mode prescribed by law for
selling the property of those who make default in paying their taxes.
XIL And be it enacted by the authority aforesaid. That the treasu-
rers shall not hereafter draw any order or check, or make any draft
(J, IjJ'y^J^g" ' on any tax collectors in this State, in favor of any person having any
treasury. claim or demand on the treasury of this State ; nor shall the trea.surers
make payment to any person having any claim upon the State, even though
allowed by law and provided for by the Legislature, but at the treasury of-
fice at Charleston or at Cnlumbia, except as is provided in the Act entitled
" An Act to authorize the treasurers to pay certain persons therein men-
tioned their annuities, and regulating payment to annuitants." And no
tax collector shall receive or take in payment of taxes due by any person
any order, draft or check of either of the treasurers.
XIII. And be it enacted, by the authority aforesaid. That the tiea-
Blank returns sureis in Charleston and Columbia shall procure to be printed so many
\o be furnished, blank tax returns adapted to the nature of the taxes which the Legis-
lature shall from time to time impose, as will be necessary under this
Act ; and the said treasurers shall furnish each tax collector in their
divisions respectively with so many of the said blanks ns will enable him to
perform the duties required under this Act. And each and every tax col-
lector shall, and he is hereb)- authorized and required to, demand and take
from each and every person making a tax return, two copies of such return
signed and sworn to as the law directs, to be made out on the said l)lanks.
XIV. And be it enacted by the authority aforesaid. That it shall
Return of sen- be the duty of each and every tax collector throughout the State to
eriil tax to be make out a duplicate of the general rettirn which he is by law directed to
LegillRtuVe' make to the treasurer, and to inclose the same, together with the duplicate
of the tax returns by this Act directed to be taken from the individuals of
their respective counties and parishes, in a packet directed to the Comp-
troller sealed up ; which packet each and every tax collector is hereby re-
OF SOUTH CAROLINA. 373
quiretl to transmit to the treasurers respectively, on or before the first day A.D.nDH.
of October, in each and every year, to the intent that by the due examina- ^•-^''^'''^'^
tion thereof by the comptroller, any improper conduct in the tax collectors
may be detected. And should any of the tax collectors aforesaid fail to
perform the duties required by this and the next preceding clause, he shall
forfeit and pay the sum of one hundred dollars, to be recovered of him by
any person sueing for the same in any court having competent jurisdiction.
XV. And be it enacted by the authority aforesaid. That it shall
be the duty of the treasurers to report to this house at their annual Defaulters how
session every instance of default in any tax collector in his division, to be proceeded
and to instruct the attorney general or solicitors respectively, to prose- ^=*'°^'"
cute such defaulter as soon as any instance of default shall occur. And
it shall be the duty of the said treasurers respectively, strictly to en-
force the means which they are by law authorized to make use of, to
compel the tax collectors to the due performance of their duties ; and in
case any treasurer shall fail to make use of such means, he shall be held
to make good any loss which the State shall sustain thereby.
XVI. And be it enacted by the authority aforesaid. That the tax
collectors of St. Philip's and St. Michael's, in Charleston, shall, monthly, I" Charleston,
and on the first Monday in every month, from and after the first day of raade"mo'nthW.
February ne.\t, upon oath, make due and true returns of all monies which
shall have been received by them during the preceding month.
XVII. And be it enacted by the authority aforesaid. That if any
tax collector or collectors shall make any distinction or discrimination of
persons in issuing executions, the taxes of such person (in addition to the ^"^ '^°"'"^'°!!''
lien which the State has on the property of such person,) shall be considered crimination,
as thereby assumed by such tax collector or collectors ; and the treasurers of
Charleston and Colunrbia are directed and enjoined, in their different depart-
ments, to debet such tax collector or collectors, so misbehaving, with all such
arrearages of tax, and to issue execution therefor rmmediately against each
and every of them, and tolodge such execution with the sheriff" of the district
in which such collector or collectors reside or shall have property. And
if any sheriff' or sheriffs, iir whose hands such execution shall be lodged,
shall make any distinction or discrimination of persons, in levying the said
executions, or shall retain the same for a longer time than two months,
without making a return of the same, he is hereby made chargeable with
the said executions in additioir to the liability of the collectors and individ-
uals so originally in arreat for taxes as aforesaid.
XVIII. And be it enacted by the authority aforesaid. That no per-
son holding any office of profit under this State, or having any demand
against this State, shall be entitled to receive any sum of money which 1'*='^^">l'^ dis-
may be due to him from the State until his taxes are first paid and satis- pr^JjJofg ^""^^
fied ; and the treasurers ai-e hereby positively directed, before they shall State.
pay to any person holding any office of profit or having such demand,
the sum that may be due to him, to require of him a receipt from the
tax collector where such pei-son resides or ought to pay his tax, stating
that his taxes are paid and satisfied. And upon neglect or refusal of any
person holding any such office or having such demarrd, to produce such
receipt, the treasui-ers are hereby directed not to pay such person the sum
or sums of money which may be due tohiin, until satisfactory proof is madeto
them that such taxes have been paid, or the parties agree to discount the
same. And if the treasurer should pay to any person holding anj' office or
having any demand as aforesaid, any sum which may be due to him, without
having such receipt produced or discouut made as is above required, he is
hereby declared to be liable for all losses which may arise to the State
therefrom.
374 STATUTES AT LARGE
A.n.iTiin. XIX. And be it enacted by the authority aforesaid, That the inslal-
^-'^"'^'^*^ ment oftlie paper medium which shall be due on the first Wednesday in
March next, shall not be required to be paid by the Act entitled " An Act
for raising supplies for the year one thousand seven hundred and ninety-
ment of taxes four," but shall be paid on the first Wednesday in March, which will be in
the year of our Lord one thousand eight hundred and five; but all the in-
terest to become due on the said paper medium shall be annually paid in,
and when received shall be destroyed by burning, under the inspection of
a committee ofthe Legislature : Provided always nevertheless, that no per-
son shall be entitled to the benefit of this clause who shall not give an addi-
tional security, if required by the treasurer of Charleston, in all cases where
he is not fully satisfied of the sufficiency of the former security, and in all
cases where default has been made in paying what has heretofore been
due, or which may be made in paying the interest to grow due in March
next.
XX. And be it enacted by the authority aforesaid, That the tax collec-
Poor tax. '"''s throughout this State, in their several parishes and election districts
respectively, shall be, and they are hereby, authorized and directed to
collect the poor tax in their several parishes and election districts ; and
they shall be allowed the usual commissions for so doing.
XXL And: he it enacted by the authority aforesaid. That the com-
p . j. , . missioners ofthe treasury shall be, and they are hereby, required to furnish
Act tcTbe fur- copies of this Act to each ofthe collectors appointed by law throughout
nished. this State, within one month after the passing of this Act, and their rea-
sonable expenses occasioned thereby shall be reimbursed.
XXIL And be it enacted, by the authority aforesaid. That the pay
Magazine hereinafter to be provided for the support and maintenance of the maga-
gunid. zine guard, be restricted to that of the pay of an officer, a sergeant and six
men ; and that the sum of fifteen hundred dollars be, and the same is here-
by, appropriated for the payment of the said guard, under the direction of
the comptroller.
XXIIL And he it enacted by the authority aforesaid. That from and
after the first day of July next, no person or company shall, on any pre-
No banking to tence whatever, issue or re-issue any note or notes in the nature of bank
the'pa'per me" notes, or Otherwise, on the credit of the paper medium of the State ; and
dium. such notes aforesaid as may now be in circulation, bottomed on the paper
medium, shall be immediately called in ; and the treasurers and tax collec-
tors are hereby forbidden, under the penalty of losing their offices and
forfeiting the sum of one thousand dollars, from receiving such notes as
herein mentioned, in payment of taxes or duties; and every bank, or per-
sons associated as bankers, issuing or re-issuing such notes, shall forfeit and
pay the sum of ten thousand dollars, which shall be recovered by action in
any of the courts of law in this State. And that it shall be the duty ofthe
comptroller to enquire into and examine whether such notes are in circu-
lation, and give information accordingly to the attorney general, whose duty
it shall be to bring suit or suits accordingly.
XXIV. Ami be it enacted by the authority aforesaid, That all the public
Public arms to arms which now are or hereafter shall be purchased on behalf of this
be distributed. State, shall, by order of his l']scellency the Governor, be equally distribu-
ted among the several brigades of the inilitia of the State ; and that the
several and respective brigadier generals shall and may allow the said
arms to be sold for costs and charges among the men of his brigade, and
cause the money arising from such sale to be paid into the treasury, to be
appropriated for the purchase of other arms, to be distributed in manner
aforesaid : Provided nevertheless, that no one man shall be permitted to
OF SOUTH CAROLINA. 375
piucliuso inure than what shall bo suflicient to arm himself of the arms A.I). ITiH).
aforesaid. v.^'-v^^^
XXV. Whereas, there are many wealthy citizens of this State who
derive very considerable revenues from monies which produce an interest,
and who do not contribute a due proportion to the public exigencies of the at^intercst.
same ; Be it therefore enuctcd by the authority aforesaid, that each and
every enquirer, assessor and collector throughout this State shall, on their
enquiry for the returns ofthe taxes of this State for the year one thousand
seven huudit'd and ninety-nine, administer the following oath to all such
persons as may be liable to pay the same, viz : "1, A. B., do solemnly swear
^ur affirm, as the case may be,) that the account which I now give in is a
just and true account of the quantity and quality of the lands and number
of slaves, and the sum or sums of money which have produced me an in-
terest since the first day of October, one thousand seven hundred and nine-
ty-nine, in any manner whatsoever, which I am possessed of, interested in,
or entitled to, either in my own right or the right of any other person
whomsoever, either as guardian, e.\ecutor, attorney, agent or trustee, or in
any other manner whatsoever, according to the best of my knowledge or
belief; and that 1 will give a just and true answer, according to the best of
my knowledge, to all questions that may be asked me touching the same ;
and this I swear witliout any equivocation or mental reservation whatso-
ever, so help tne God :" and upon every sum or sums of money at interest
over and above what such person pays interest for, except where such in-
terest money is received by any widow or orphan having no other means
of livelihood, and shall not exceed one thousand dollars, the said enquirer,
assessor or collector, or enquirers, assessors or collectors, to whom the
same shall be returned, shall assess the sum of twenty-five cents per cent,
on every hundred dollars, to be recovered in like manner in case of default
as the collectors are authorized by law heretofore to do on the return of
lands and slaves.
XXVI. A)ul be ilfurther enacted by the authority aforesaid. That in case
any person or persons shall refuse or neglect to make the return of his, Penally,
her or their monies producing interest as aforesaid, they shall be liable to
sulfer the same forfeitures and pay the same penalties as are authorized by
law ill case of their refusing or neglecting to make his, her, or their return
of lands and slaves.
XXVII. Be it further enacted by the authority aforesaid, That the seve-
ral and respective tax collects ijs in this State shall place their warrants
against any person or persons who shall make default of payment of their iect"ax execu-
taxes, for collection in the hands of the sheriff of the districts respectively, lions.
and in the hands of no other person or persons whomsoever; and the sheriffs
shall be entitled on the service of such warrants to the usual mileage on
the service of executions.
XXV^lll. And be it farther enatted by the authority aforesaid, That
John S. Cripps, Esq. foreign agent, be authorized and required, in the
name of the State, within thirty days after the passing of this Act, to draw
bills at sight for the money appropriated for the payment of the debt due
to Stuckhuyser, and now lying in the hands of Simps(.)n & Davidson of
London ; and that the said money be lodged in the treasury of this State ;
and also for the sum of forty thousand dollars granted in the year one
thousand seven bundled and ninety-seven, remitted to England for the pur-
chase of arms ; and that the said sum of forty thousand dollars be deposi-
ted in the treasury subject to the governor's orders, for the purchase of
arms ; provided the said sum shall not have been already applied to that
purpose on behalf of the State.
STATUTES AT LARUE
ESTIMATE NO. I.
The Governor, -.-....
Secretary to the Governor, , - - -
Six Judges of [he Superior Court of I.aw, each §2,572, ...
Three Judges of the Court nf Equity, each $2,144, ...
Attorney General, for giving advice to the Governor and other public offi-
cers, in matters of public concern, in addition to his other duties,
Three Circuit SoHcitors, $300 each, .....
Treasurer in Charleston, for salary as Treasurer, and for Iransacling the
business of the Loan Office, and Clerk, ....
Treasurer in Columbia, for his salary, - - - . -
Clerk to the Treasurer in Columbia, - . ■ . .
Clerk to the Senate, anti Clerk to the House of Representatives, each $1230,
Two I\Iessenger8, each $21G, .....
Two Doorkeepers, each $216, - . . . .
Keeper of the State House, &:c. at Columbia, his salary, fixed at $130,
Arsenal keeper and Powder receiver in Charleston, - . -
Ditto Ditto ditto at Abbeville Court House,
Stale Printer's salary, ......
Expenses of the members of the Legislature for the present session,
Pilot for the bar and harbor of Georgetown, ....
Port Physician, .......
Nine Brigade Inspectors, each $216, - - . . .
Clerk of the Court at Columbia, . . . . -
Adjutant General, .......
Comptroller, .......
For Clerk to Comptroller, and stationary, ....
Arsenal keepers and powder receivers for Camden, Georgetown and Beaufort,
each $50, . . . - . . 150 00
Sheriff of Richland, for attending on the Court at Columbia, . . 60 00
ESTIMATE NO 2.
Contingent accounts of the lower division of the Treasury, payable by tho
Treasurer in Charleston, ...... 6,343 00
Contingent accounts of the upper division of the Treasury, payable by the
Treasurer in Columbia. ...... 6,788 27
Transient poor, payable to the City Council of Charleston, . . 4,280 00
Contingent fund, subject to the Governor's draft, ... 4,300 00
Rev. Mr. Dunlap, lor preaching before the Legislature, - - . 90 GO
Annuities, ........ 4,500 00
For building Court Houses and Goals in twenty districts, each $5,000, . 100,000 00
For repairs to the Court House and Gaol for (Jeorgclown district, - . 1,500 00
Do. do. for Orangeburgh district, . . . 800 00
Do. do. for Reaufort district, - - - 500 00
Do. do. for Camden district, . . . 1,490 00
For repairs to the Treasurer's and Secretary's office, Charleston, . - 2,000 00
Do. do. Treasurer's office in Columbia and the state house, . 2,000 00
George Keckley, - - . - . - . 122 45
Daniel Evans, $12 86 cents, Peter S. Arthur, $11 .50 cents, Geo. and R. Heriot,
$25, ........ 49 36
Magazine Ciuard for ("harleston in 1798, .... 2,700 00
For Martha Fleming, admiijistralrix of John Fleming, for damages recovered
of him in North Carolina, - - - . . Ill 50
For Andrew Adams, a disabled soldier, - - - - . 22 00
For James Douglass, for work done to tho representatives room, - - 365 08
OF SOUTH CAROLINA. 377
For John Langlon, for preporingnn Index to the Register's book in Georgetown, 200 00 A.D.lTill).
For Colleton Goal and Court House, ..... 10,;iOO 00 v-i^-v"**^
For Henry Geddes, for verdict obtained in his favor against Treasurers, - S318 40
For printing additional copies of laws of 1798, a sum not exceeding - 400 00
For John Jiestaux, lor negro executed, .... - 12240
For Joshua Cantor, for a negro executed, .... 122 45
For Beaulort Society, $2100 — with interest, agreeably to law of 21st De^cinber
1792, in regard [hereof.
XXIX. And he it enacted hy the authority aforesaid, That the several
sums hereinafter mentioned shall be appropriated for the several purposes , • ..
c ^^ ■ ■ c 1 ,- ■ , * ^ c 1 1 ,• -r. • Appropriation,
lollowing, to wit : tor aeiraying the expenses or the civil list, as per Jistiraate
No. 1 herein before mentioned, a sum not exceeding fifty thousand two
hundred dollars ; for defraying the contingent and extraordinary expenses
of government, as per Estiinate No. 2, herein before mentioned, a sum not
exceeding one hundred and forty thousand dollars; and that the said several
sums shall be paid out of the funds following, namely : the general taxes
of the Slate, such balance of interest as shall remain to this State on the
debt due by the United State, after paying the interest due on the funded
debt of this State, and the aniount that may be paid on the principal of
the debt due to this State by the United States, and all aiTears of debts,
duties and taxes whatsoever payable to this State, and not otherwise ap-
propriated.
XXX. And he it further enacted by the authority aforesaid. That what-
ever balance may remain in the treasury of this State, after paying the
appropriations above mentioned, shall be applied as hereinafter directed,
to the purchase or redemption of the funded debt of this State.
Ill the Senate House, the twenty first day of December, in the year of our Lord one
thousand seven huodred and ninety-nine, and in the twenty-fourth year of the In-
dependence of the United States of America.
JOHN WARD, President of the Senate.
VVM. JOHNSON, Jr. Speaker of the House nf Representatives.
AN ACT to establish certain Roads and Ferries ; and for othei purpo- No. 1739.
ses therein mentioned.
(Passed December 20, 1800. See last volume.)
AN ACT further to revive and extend an Act entitled " An Act to pro- No. 1740.
hibit the importation of Negroes until the first day of January, one
thousand seven hundred and ninety-nine, until the first day of January,
one thousand eight hundred and one," to the first day of January, one
thousand eight hundred and three.
(Passed December 20, ISOO. See last volume.)
VOL. v.— 48.
STATUTES AT LARGE
No. i74]. AN ACT to incorporate the Georgetown Library Society.
(Passed December 20, 1800. See last volume.)
No. 1742. yl^V ACT FOR .tLTliHINO AND AMKNDING AN AcT PASSED THE 16th DAY
OF December, 1797, entitled ^' An Act fur opening the Navigation of
Saluda River."
WHEREAS, the death and removal of several of the commissioners
named in the said Act, have rendered it ahnost impracticable to form
Preamble, boards or meetings to carry the purposes of the same into effect ; and
whereas, the confining of the commissioners to distinct limits on the said
river, in clearing the .same, as far as relates to that space from the mouth
of the said river to the old Indian boundary line, will impede the progress
of this very beneficial measure :
I. Be it therefore enacted, by the honorable the Senate and the House
of Representatives, now met and sitting in General Assembly, and by
the authority of the same, That Samuel ftlays, Thomas Anderson, Major
Commissioners William Moore, Joseph Kennedy, Alexander Boling Stark, Luke Smith,
appointed for Francis Huggins, Elisha Brooks, John Dyser, M^illiamCalk, Julius Nich-
SahKlafiver °'^' ^^■' ^'''"J Creswell, John Cunningham, Joel Lepscomb, James Dy-
sen, Robert Creswell, John Hunter, John Merrivvether, sen. James Goudy,
James M'Cracken, Thomas Willoughby Waters, James Caldwell and
William Caldwell, be, and they are hereby appointed, commissioners for
the purpose of clearing out and making navigable Saluda river, from the
mouth thereof as far up as tlie old Indian boundary line.
II. And be it further enacted by the authority aforesaid, That in case
Vacancies, how (jf jj^g death, removal or resignation of any one oi more of the said com-
missioners, that it shall and may be lawful for the remainder of the said
commissioners, and they are hereby autliorized and empowered, to fill
up any such vacancy or vacancies, at any one of their boards or meetings.
Provided, that there be at such board or meeting thirteen commissioners
present.
III. And, he it firther enacted by the authority aforesaid, That seven
Seven to be a commissioners shall constitute a quorum to effect the purposes of the
■I'"""'"- said Act.
IV. And be it further enacted by the authority aforesaid, That the
Pert of former first clause of the said Act, as far as relates to clearing and making naviga-
Act repealed. \^\f., Saluda river, from the mouth theieof to the old Indian i)ouudary line,
be, and the same is hereby, repealed.
In the Senate House, the twentieth day of December, in the year of our Lord one
thousand eight hundred, and in t!ie twenty-filtli year of the Independence of the
United States of Amrricn.
.lOHN WARD, President of' the Senate.
THEODORE GAILLARD, Speaker of the
House of Keprcscntatiies.
OF SOUTH CAROLINA.
AN ACT To AUTHORIZE AND OBLIGE THE KeEPKRS OP GaOI.S IN THIS No. 1743.
State to rickivh, and keep in safe custody, all prisoners com-
mitted UNDKR THE AUTHORITY OP THE UnITED StATES ; AND TO OBLIGE
Sheriffs to provide blankets for criminals confined tn tiieir
respective gaols.
WHEREAS, the Congress of the United States, at their session begun
and holden on the fourth day of March, Anno Domini one thousand seven
hundred and eighty-nine, did lesolve that it be recommended to the Legis-
latures of the sevei'al States to pass laws making it expressly the duty of
the keepers of their gaols to receive, and safe keep therein, all prisoners
committed under the authority of the United States, until they shall be Preamble,
discharged by due course of the laws thereof, under the like penalties as in
case of prisoners committed under the authority of such States respec-
tively ; the United Slates to pay for the use and keeping of such gaols at
the rate of fifty cents per month, for each prisoner that shall, under their
authority, be committed thereto, during the time such prisoner shall there-
in be committed ; and also to support such of said prisoners as shall be
committed foroflfences: And whereas, the Legislature of this State have
full confidence that the Congress of the United States will make provision
for the support of poor prisoners committed for debt, as otherwise the hu-
manity of the people of this State will be taxed to supply their necessities,
which may become expensive and burthensome :
L Be it therefore enacted, by the honorable the Senate and the House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That the keepers of gaols in the several districts '^^■'^- prisoners,
throughout this State be, and they are, required and directed to receive J.°''j^(;Jj°j '^
into tlieir several and respective gaols all such prisoners as shall be com-
mitted to such gaols, or any of them respectively, under the authority of
the United States, and there to keep in safe custody all such prisoners
which are or shall be so committed, until they shall be discharged by due
course of the laws of the United States ; under the like penalties as in case
of prisoners committed under the authority of this State, and upon the
terms expressed in the resolution of Congress aforesaid.
n. J^«rZ Z<e ;> en(;c/f<^ by the authority aforesaid, That every sheriff shall
provide, at the expense of the State, a sufficient number of blankets for the criminals,
use of the prisoners confined in their respective gaols ; and that every
prisoner so confined, on a criminal charge, shall be furnished with at least
two blankets during the winter season.
In the Senate House, the twentieth day of December, in the yearof our Lord one thousand
eight hundred, and in the twenty-fifth year of the Independence of the United
States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Spcal<cr of the
House of Representatives.
STATUTES AT LARGE
No. 1744. j\^]\j ACT to prevent Neij-ro Slaves, and other persons of colour, fVur
being brought into or entering this State.
(Passed December 20, 1800. Sec last voiu?)ie.)
No. 1745. AN ACT respecting Slaves, Free Negroes, Mulattoes and Mestizoes;
for enforcing the more punctual performance of Patiol duty ; and to
impose certain restrictions on the emancipation of Slaves.
(Passed December 20, 1800, See last volume.)
No. 1746. ^^ ACT to lkgalize thk several Juries dhaw\ at the last Cir-
cuit Court at Chester District, to serve at the next Spring
CiRcoiT ; .\ND to prescribe the mode op giving the proceedings
OP THE late County Courts in evidench in the Courts op Law
AND Equity in this State.
WHEREAS, at the last circuit court held at Chester court house, in
and for the district of Chester, the juries drawn to serve at the next Spring
circuit court, in the courts of general sessions and common pleas in that
district, were not drawn accordino: to law, owing to the indisposition of
the judge who presided there on the last circuit, who, not having been able
to reach the courthouse in time to draw the said juries, the same were
drawn by an infant (inder the age prescribed by law, in the presence of
the clerk and sheriff of the said district only ; in order, therefore, to rem-
edy and avoid the inconveniencies and evils that may arise from such
proceedings, and to render legal the juries so drawn :
I. Be it c?iacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in CTcneral Assembly, and by the authority of the
The juf'^s same. That all the juries so drawn as aforesaid, by the clerk and sheriff,
lawful. without the presence of the judge presiding on that circuit, are hereby
declared, to all intents and purposes, lawful juries, to sit, try and deter-
mine all matters in the said courts for the said district, at the next spring-
circuit, that may be brought before them respectively; and that no chal-
lenge, either to the array, the pannel or the poll, shall be admitted against
such juries, or any of them, on account of their having been drawn in the
manner they were ; any act, matter, clause, usage, custom or law, to the
contrary notwithstanding.
II. And be it further enacted by the authority aforesaid. That whenever
Clerks and '^^ shall so happen that none of the judges of the courts of common law in
sheriffs mny this Stale shall attend and hold any court of any district in this State,
draw juries. during the time appointed by law for the holding of such court, then and
in every such case it shall and may be lawful to and for the clerk and
sheriff of such district to draw, in open court, and in the presence of one
OF SOUTH CAROLINA. 3S1
justice of the peace, on the last day of the term, the necessary juries for A.D.lfiOO.
the next sitting of sucli courts, in manner and form as is or may be by law ^-^^v^»-'
provided; wliicli juries sliall be adjudged as good and valid in law to all
intents and-jnirposes whatsfiever.
III. Whereas, the times (ixed by law for the holding and sitting of the
court of equity in Charleston is inconvenient ; for remedy whereof, Be '^couitnfequltv
enacted by the authority aforesaid. That the sitting and holding of the for Charleston,
court of equity for the district composed of the united districts of Charles- ^''""'''"' ^"j'
ton, Colleton and Beaufort, at Charleston, shall be on the fourth Monday to sit. '
in April, and second Monday in October, in every year, in lieu of the days
heretofore appointed by law.
IV. Whereas, considerable irregularities, incidental to courts of inferior
jurisdiction, have crept into the proceedings of the county courts formerly
established, and lately abolished, in this State ; and whereas, great losses,
expenses imd delays, may accrue to many of the citizens of this State
thereby : for remedy whereof, Be it further enacted by the authority
aforesaid. That all the proceedings in the said county courts shall be jj.^.^ jj^i.
deemed, held and taken as firm in law as if the proceedings had been con-ceedingsofthe
ducted and cairied on according to the method prescribed by the acts'^o""'?' courts
1- ,!• iTr^ci made good in
relating to county courts, or those relating to the proceedings oi any ot the \^y,_
superior courts of law in this State ; and that a transcript from the minute
books of such courts shall be good and legal evidence in all trials in any
of the courts of law or equity in this State, when it may be necessary to
give such proceedings in evidence. Provided, that such transcript
be regularly and duly certified under the hand of, and sworn to by, the clerk
or keeper of the said proceedings and records of the county courts so
abolished, who hath, by law, the custody thereof; any law, usage or cus-
tom to the contrary notwithstanding.
V. And. he it further enacted by the authority aforesaid. That it shall
and may be lawful to and for any two justices, whereof one shall be ofTwo justices to
the quorum, to administer to any person the oath or oaths of office, which '"''V'"'^'^L
is, are, or may be required by law to be taken by such person ; any law,
usage or custom to the contrary thereof in any wise notwithstanding.
In the Senate House, the twentieth day of December, in the yenrof our Lord one tliousand
eight hundred, and in tlie twcnty-lifth year of the Independence of the United
States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speaker of the
House of Rejfresentat.ives.
AN ACT TO ENTITLE THE SEVEUAL PEKSONS THEREIN MENTIONED TO No. 1747.
RECEIVE FliOM THK TREASURY CERTAIN SUMS THEREIN SPECIFIED, AS
PENSIONERS.
I. Be it enacted, by the honorable the Senate and the House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same. That Major Brown, widow of Joseph Chandler Brown, together
with her four children, and Ava Culliatt, widow of Adam Ctilliatt, and her
child, now an infant, shall respectively be entitled to receive, each of them,
from the treasury of this State, twenty-one dollars and thirty cents, for
382 STATUTES AT LARGE
A.D.lSOn. every year during the widowhood of the said widows ; and nine dollars
^-^"^'""'^^ each year, for each and every of their said children, until they shall re-
spectively arrive to the age of twelve years, should they so long live.
II. And he it further enacted by the authority aforesaid. That Tho-
mas Miller, Andrew M'Allister, and Michael Finney, Paul Smith and
John Pollock, Jr. shall respectively be entitled to receive, from the treasury
of the State, an annual pension of twenty-one dollars and thirty cents,
during the term of their natural lives.
In the Senate House, the twentieth day of Deeemher, in the year of our Lord one thousand
eight hundred, and in the twenty-tiflh year of the Independence of tlie United States
of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speal^er of the
House of Representatives.
No. 1748. AN ACT in addition to the Militia Laws of this State.
(Passed December 18, 1799. See last volume.)
No. 1749. AN ACT to alter and ami5nd an Act entitled " An Act to pre-
vent certain Streets in Beaufort from being stopped or ohstructed,"
A;ND TO RESTRICT THE OWNIOKS OF LOTS ON THE Fi;ONT OF THE SAID
S rKEETS FROM BUILDING THEREON.
WHEREAS, the Act for preventing certain streets in Beaufort from
being obstructed, passed the twenty-first day of December, in the year of
our Lord one thousand seven hundred and ninety-eight, has never been
carried into effect, and is found to operate injuriously to certain citizens
owning lots on the bay of the said town, opposite to the streets, inasmuch
as they have built, at considerable expense, certain wharves and houses
thereon, previously to the passing the said Act: And whereas, it is the
wish and desire of several of the citizens of the said town to retain their
right to tlie said lots, and not to receive compensation therefor, as directed
by the said Act : And whereas, it is conceived that this privilege would
meet the approbation of the citizens of the said town ; provided, the own-
ers of such lots, who prefer the retaining the said lots to receiving com-
pensation therefor, be restricted from erecting any buildings thereon, and
be confined to improve the same merely as wharves :
L Be it therefore enacted., by the honorable the Senate and the House of
Representatives, now met and sitting in General Assembly, and by the
. . authority of the same. That the said Act, to prevent certain streets in
repealed. Beaufort from being stopped or obstructed, passed on the twenty-first day of
December, in the year of our Lord one thousand seven hundred and ninety-
eight, be, and the same is hereby, repealed, so far as it relates to such
persons as are willing and desirous to retain their right to lots opposite
OF 8UUTH CAROLINA. 3S3
the streets in the town of Beaufort, and not to receive compensation A. U. I800.
tiierefor, as directed by tlie said Act of Assembly, passed the twenty-first ^-^'"v"^.^
day of December, one thousand seven hundred and ninety-eight ; upon the
express condition that they shall signify such tiieir intention within six
months from and after the passing of this Act, in writing, to the commis-
sioners of tlie streets ; and shall liereafter be restricti d, for ever, from
erecting any buildings thereon ; and shall be, and are hereby, confined to
making no other improvements thereon than wharves, so as to leave the
beads of said streets open and unobstructed.
In tlie Senate House, the twentieth day of December, in the year of our Lord one thousand
eight hundred, and in tlie twenty-liftii year of tlie Independence of the United
States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Sj,eake>i of the
House of Representatioes.
an act to prevknt the obstkuction to the p.l.-isage of flsh up no. 1750.
Saluda River.
WHEREAS, sundry persons, inhabitants of Pendleton and Greenville
districts, as by their petition to the Legislature is set forth, have experi-
enced great inconveniencies by the obstruction to the passage of fish up
Saluda river ; for remedy whereof,
L Be it enacted, by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the
authority of the same. That every person who hath, or may hereafter
erect, any dam, ledge,' or other obstruction, across Saluda river, or any
part thereof, shall, by the first day of March next, provide a good and
sufficient slope, at least sixty feet wide, for the passage of fish up the said
river ; and upon neglect thereof shall forfeit and pay to any person who
shall inform and sue for the same, before any justice of the peace, the sum
of twenty dollars for every twelve hours during which such obstruction
shall continue after the time aforesaid.
Ill the Senate House, the twentietli day of December, in the year of our Lord one
thousand eight hundred, and in the twenty-fifth year of American Independence.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speaker of the
House of Representatives.
AN ACT to incorporate the John's Island Society, of the Parish of No. 1751.
St. John's, Colleton.
(Passed December 20, ISOO. Sec last volume.)
STATUTES AT LARGE
No. 1752. AN ACT to establish .\n Inspection AiVd Warehouses at the
PLACES THEREIN MENTIONED.
WHEREAS, it hath been represented to the Legislature by the peti-
Preamble. ''°" *^^ Sundry inhabitants of Pendleton district, that it would tend very
much to their convenience and the public good, to have an inspection and
warehouse for tobacco established at the confluence of Little Generostee
and Savannah river, and also at the confluence of Savannah and Kcewee
rivers :
L Be it therefore enacted, by the honorable the Senate and House of
, . Representatives, now met and sitting in General Assembly, and by the au-
tablishedat the thority of the same. That an inspection, and one or more warehouses for
mouth of Little the storage of tobacco, shall be established and erected at or near the
creek on Sa- niouth of Little Generostee creek, on Savannah river, on the lands of Da-
vannah river, vid Moffatt, as soon as conveniently may be after the jiassing of this Act ;
which inspection fjiall be subject to all the regulations, restrictions and
conditions set forth and expressed in and by an Act entitled "An Act for
regulating the inspection and exportation of loh icro," passed the thir-
teenth day of March, one thousand seven hunded and eighty-nine.
IL And be it enacted by the authority aforesaid. That John Moffatt,
„ . . Alexander White, Leonard Simpson, Nathan Lusk and Moses Liddle,
Commissionera , „ , i i i i ■ i ■ ■ r ■
appointed. shall be, and they are hereby apponited, commissioners to hx upon the
most convenient place at or near the mouth of the said Little Generostee
creek, for the purposes aforesaid ; and that they shall have full power to
choose one or more inspector or inspectors for the said inspection, and
make such additional rules and regulations to those prescribed by the
aforesaid Act, as by them may be deemed expedient and necessary.
HL And he it enacted by the authority aforesaid, That an inspection and
warehouse for the inspection of tobacco, shall be erected at the confluence
tablishedatihe of Toogalo and Koewee rivers, on the lands of Samuel Earle ; and that
confluence of Major Thoinas FaiTar, Obadiah Triinmier, Thomas Stiibbliiig, W'm Gest,
Koewee rivers ^""^ Samuel Earle, be, and they are hereby appointed, commissioners of the
said inspection, and that they shall have full power and authority to choose
one or more inspector or inspectors for the said inspection, and make such
rules and regulations as by them may be deemed necessary and expedient ;
and that the said insjiection shall be subject to the regulations, restrictions
and conditions of the aforementioned Act, passed the thirteenth day of
March, one thousand seven hundred and eighty-nine.
IV. And lie it enacted by the authority aforesaid. That an inspection,
and one or more waiehouses, for the inspection and storage of tobacco,
Inspection es- g^^]] ^^d may be established in the village of Winnsborough, as soon as
Winnsboro'. conveniently may be after the passing of this A<'t ; which inspection shall
be subject to all the regulalions and restrictions set forth and expressed in
and by the aforesaid Act entitled " An Act for regulating the inspection
and exportation of tobacco," passed the thirteenth day of March, one thou-
sand seven hundred and eiqhty-nine.
V. And be it enacted, by the authority aforesaid. That .John Bell, John
Harrison, Jesse Havis, Nicholas Peay and Robert Ellison be, and they are
appoSnted"""" '^^''^^'y appointed, commissioners to fix upon the most proper and conve-
nient place in the said village of Winnsborough, on which to build the
same, and to superintend the erection and building of the said inspection
and warehouses, and shall have full [lower and authority to choose .one or
more inspector or inspectors for the said inspection, tand to make such
OF SOUTH CAROLINA. 3S5
by-laws aiul regulations respecting the same (not repugnant to the aforesaid A-U. 1800.
Act,) as by them may be deemed necessary and expedient. ^-^"^r^^y
In the Senate House, the twentieth day of Uecemher, in the year ol'oiir Lord one thou-
sand eight hundred, and in the twenty-fifth year of tlie Independence of llie I'nited
States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, SpeaJcer of the
House of Representatives.
AN ACT TO AUTHORIZE THE TREASURER TO FUND A CERTIFICATE No. 1753.
TIIEKEIN MENTIONED.
WHEREAS, the honorable Tliomas Bee has petitioned the Legislature,
setting forth, that on the twenty-seventh day of September, in the year of
our Lord one thousand seven bundled and ninety-eight, he obtained froin
Simeon Theus, Esq., late treasurer and loan officer, a certificate for the
sum of eight hundred and twenty-eight dollars, eighty-eight cents, which he
has neglected to have funded according to the requisitions of law :
1. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That it shall and may be lawful for the treasurer in
Charleston, and he is hereby authorized, to fund the above mentioned cer-
tificate, conformably to the Acts of the General Assembly of this State for
making provision for the domestic debt of this State, and deliver the same,
BO funded, to the said Thomas Bee.
in tlip Senate House, the twentieth day of Decemher, in the year of our Lord one thou-
sand eight hundred, and in llie twenty-fifth year of the Independence of the United
States of America.
JOHN WARD, Preside7d of the Senate.
THEODORE GAILLARD, Speaker of the
House of Representatives.
AN ACT FOR THE BENEFIT OF JaNE SoMMERVILLE. No. 1754.
WHEREAS, Jane Sommerville, by herpetition to the legislature, hath
represented, that she is the natural daughter of a certain James Sommer-
ville, late of Lancaster county in this State, who died some years ago
intestate, and without heirs, leaving a small personal estate, subject to the "''''"'""'<'•
law concerning escheats ; representing also her indigent condition, and
praying that the residue of the said estate, after payment of all just demands
against the same, may be vested in her; and whereas, all the escheated
property in the said county, now district, of Lancaster, which hath escheated
to this State, hath been vested in certain trustees for the purpose of en-
dowing and supporting a school, by an Act passed the twenty-first day of
December last; and whereas, it hath been further represented, that the said
VOL. v.— 49.
38G STATUTES AT LARGE
A. I), isno. trustees are willing and desirous tliat tlie said Jane Sommerville should have
--'''"^^'"^^ the benefit of the residue of the estate aforesaid, if the same can be legal-
ly tr;in.sterred to her ; therefore,
1. Bi' it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and it is hereby enacted by
the authority of the same. That it shall be lawful to and for the Reverend
John Brown, Doctor Samuel C. Dunlap, Jr. John Ingram, John ]Mont-
gomery and William Nesbit, the trustees appointed for the purpose afore-
said, or any three of them, to convey to the said Jane Sommerville the
residue of the estate of the said James Sommerville, deceased, remaining
after payment of all just demands against the same, for the use and beneht
of the said Jane Sommerville and her heirs.
In the Senate House, the twentieth day of December, in tlie year o(' our Lord one thou-
sand eight hundred, and in the twenty-fillh .\car of the Independence of the United
StaXes of America.
JOHN WARD, Prendent of the Senate.
THEODOUE GAILLARD, Sjieakcr of the
House of Repn'seululices.
No. 1755. -AN ACT to raisk supplies and mare appropuiations for the year
OF oi'u Lord one thousand eight hundred.
L Be it enacted, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by .the authority
of the same, That a tax, for the sums and in the manner hereinafter men-
tioned, shall be raised, and paid into the public tieasury of this State for
the use and service thereof.
H. And he it further enacted by the authority aforesaid, That twenty-
five cents per centutii ad valorem shall be paid in specie or paper medi-
um on all lands granted within this State, under the several regulations
hereinafter expressed, that is to say : Class No. 1 shall contain all tide
Rateoftaxatloog^yg^p of the first quality, not generally affected by the salts or freshes,
which shall be rated at twenty-six dollars per acre ; all tide swamp of the
second quality, not generally affected by salts or freshes, which shall be
rated at seventeen dollars per acre; all tide swamp of the third quality,
not generally affected by the salts or freshes, which shall be rated at
eight dollars and one half per acre; all pine barren lands adjoining such
swamps, and having the benefit of water carriage, which siiall be rated
at two dollars per acre ; all prime inland swamp, cultivated and uncul-
tivated, which shall be rated at an average of thirteen dollars per acre ;
all inland swamp of the second quality, which shall be rated at eight
and one half dollars per acre ; all inland swamp of the third quality, which
shall be rated at four dollars per acre ; pine barren land, adjoining or
contiguous thereto, which shall be rated at one dollar per acre ; and all
salt marsh, or inland swamp, clearly proved to the collectors to be incapa-
ble of immediate cultivation, which shall be rated at one dollar per acre.
Class No. 2 shall comprehend all high river swamps and low gi'ounds,
cultivated and uncultivated, including such as are commonly called second
OF SOUTH CAROLINA. 387
low grounds, lying above tlie flowing of the tides, and as liigli up the coun- ^-^^ '"''*'•
try as Snow Hill on Savannah river, and the fork of Broad and Saluda rivers
on the Congaree, Graves's Ford on the Wateree, and the boundary line on
Pedee; the first quality of which shall be rated at thirteen dolhirs per
acre ; the second quality at eight and one half dollars per acre ; and the third
quality at four dollars per acre ; excepting such as may be clearly proved
to the collectors to be incapable of immediate cultivation, which shall be
assessed at one dollar per acre. Class No. 3 shall comprehend all high
river swamp and low grounds, lying above Snow Hill, the fork of Broad
and Saluda rivers, Graves's Ford, and the old Indian boundary line, which
shall be rated at three dollars per acre. Class No. 4 shall comprehend
all high lands without the limits of St. Philip's and St. Michael's parishes,
within twenty miles of Charleston, and on John's Island and James's
Island, which shall be rated at four dollars per acre. Class No. .5
shall comprehend all lands on the Sea islands, (Slann's island included,)
or lying on or contiguous to the seashore, usually cultivated, or capable oi'
cultivation, in corn, indigo or cotton, not within the limits prescribed in class
No. 4, which shall be rated at four dollars per acre. Class No. 6 shall com-
prehend all oak and hickory high lands lying below Snow Hill, the fork of
Broad and Saluda rivers, Graves's Ford, and the new boundary line on
Pedee, and not included in the limits or description of the two next preced-
ing classes, numbers 4 and 5, which shall be rated at three dollars per acre.
Class No. 7 shall include all pine barren lands not included in the classes
numbered 1, 4 and 5, which shall be rated at twenty cents per acre. Class
No. S shall comprehend all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first
quality of which shall be rated atone and a half dollar per acre; the
second quality, at one dollar per acre ; and the third quality at forty
cents per'acre. Class No. 9 shall comprehend all oak and hickory high
lands above the old Indian boundary line, the first quality of which shall
be rated at one dollar and twenty cents per acre ; the second quality, at
sixty cents per acre ; and the third quality, at twenty cents per acre. Class
No. 10 shall include all lands within the parishes of St. Philip's and
St. Michael's, which shall be assessed in the same manner and upon the same
principles as houses and lots in Charleston, and in a relative proportion to
lands ill the country.
III. And be it further enacted by the authority aforesaid. That
fifty cents per head shall be levied on all slaves ; two dollars per Rate of taxing
head on all free negroes, mulattoes, and mestizoes, between the ages of ^'*^®^' *^'^"
sixteen and fifty years ; and twenty-five cents ad valorum on every hun-
dred dollars of the value of all lands, lots and buildings within any city,
village, or borough ; and fifty cents per centum on all stock in trade, fac-
torage, employments, faculties and professions, (clergymen, schoolmasters,
schoolmistresses and mechanics excepted,) — to be ascertained and rated
by the assessoi-s and collectors throughout the State, according to the best
of their knowledge and information ; to be paid in specie or paper medium.
IV. And be it farther enacted- by the authority aforesaid, That all negroes
and other slaves who are employed on any lands leased by any person or slaves employ-
persons of the Catawba Indians, shall be, and they are hereby made, lia-'''^ "" Indian
ble to the payment of this tax. But nothing in this Act contained shall be
construed to impose any tax upon the property or the estate of any reliarious
society, or the South Carolina Society, the Winyaw Indigo Society, or the
Fellowship Society, or the estate of the late Doctor De la Howe, devised k'^'^''P""'"'
for charitable purposes, and that part of the real estate nf the late Thomas
Wadsworth which was devised for the establishment of a school on the
383 STATUTES AT LARGE
A. U. 1800. C)meni3uii High Hilb of Santee, oi Camden Orphan Society, or the Co-
^-^"^^'"^"-^ lunibia Academy.
V. And be it. further enacted by the authority aforesaid, That every per-
ble taxed' ^"' *°'* entitled to any taxable property or estate in this State, who resides
without the limits of the United States, shall, for the use of this State, pay
a double tax on the same. But this clause shall not be construed to extend
to the property of any person sent, or hereafter to be sent, abroad in the
employment of this State or of the United States, until one year after the
expiration or determination of his commission ; or to the property of any
young man sent abroad for his education, until he attains the age of twen-
ty-three years ; or to the pi'operty of any person now absent from the
United States, unless such person has been absent for one year.
Powers and VI. And be itjurt/ier e/iacted hy the aathoiity atoresaid, That the enqui-
compensiuion i-g,s assessors and collectors appointed bv law shall do and perform all and
OI enquirers, . ' , - . r- , ■ n^'^'^ -• i « •,!,,, «
assessors, &c. suigular the duties ot their othces, according to the Act entitled An Act
for declaring the poweis and duties of the enquirers, assessors and collec-
tors of the taxes, and other persons concerned therein ;" and that on closing
their accounts with the treasury, and not before, they shall receive five per
cent, on the amount collected, excepting the collectors of St. Philip's and St.
Michael's parishes, who shall receive m like manner two and an half per
cent.
VII. And. be it further enacted by the authority aforesaid. That liie asses-
Returnsof sors, collectors and enquirers, resj5ectively, shall begin their enquiry on the
former taxes first day of February next ; and where all the collectors who were ap-
te be made. pointed for any parish or county are dead, and the tax returns not closed
with the commissioners of the treasury, the collector who shall be thereafter
appointed is hereby directed and ordered to demand receipts or admin-
ister an oath, or to procure other satisfactory proof from the inhabitants of
the county or jiarish, in order to ascertain whose taxes might be still due,
and to enable the public to discover what suras of money might be due by
the deceased tax collectors ; and if the executors or administrators of any
deceased tax collector neglect or refuse to produce the accounts of the de-
ceased, or to give all the information in their power on the subject, the trea-
surer is hereby ordered to proceed accoi-ding to law against the estates
of the deceased tax collectors.
Vlll. And be it further enacted by the authority aforesaid, That the tax col-
What shall be lectors throughout the State shall receive no payment of taxes but in gold
taxes. or silver coin made current in this State, the paper medium issued under
tlie authority of the Legislature, bank paper redeemable in the first in-
stance in gold and silver at the bank of the United States, the branch bank
thereof in Charleston, or the bank of South Carolina, or certificates for the
pay of the members of the Legislature, or of the Solicitors, for their atten-
dance on the Legislature.
IX. And be itfirthcr enacted by the authority aforesaid, That all persons
in any wise liable to pay the taxes hereby imposed, shall, on or before the
Time ofnav- ^'^^ '^^^ "'^ ]March next, give in a true and just return of all slaves, and of
ment of taxes, the quality and quantity of all lands, as directed and required by lliir Act,
which they may hold or be entitled unto, either in his, her or their own
right, or in the right of any person or persons whomsoever, either as
guardian, trustee, attorney, agent, executor, administrator, or otheiwise
howsoever; and shall, on or before the first day of April next, pay
their taxes to the c.lllector of that collection district where the party
making such return, either by himself or his or her family, may reside the
greater part of the year. And that the said as.sessors and collectors shall
pay the same, and settle their accounts with the treasury, on the first day
of June next.
OF SOUTH CAROLINA. 389
X. And be itfurlhcr enacted by the authority aforesaid, That it shall be the ^- "• "^^'O-
duty of every tax collector in this State when he makes his general return ^-'^~v-"*»-^
of taxes, to annex thereto a list of all the taxable property in his district Property not
which has come to his knowledge, and is not returned to him, describing retur"'^"-
such propertyin the most particularmannerhecan, andannexingthereto the
name or names of the owner or reputed owner or owners of such property.
XI. And be it further enacted by the authority aforesaid. That every
person who shall make any return of any taxable property to any of the
tax collectors of this State, shall specify in such return not only the parish
or district in which the lands returned are situated, but also the parish or
district in which any slaves returned are employed or reside.
XIL And whereas, enormous tracts of land within this State have lately
been sold in the Northern States and in foreign countries, and the owners
thereof are supposed at present to pay no tax whatever; Be ittlterejore,^.,^
enacted by the authority aforesaid. That it shall be the duty of, and it is hei'e- persons out of
by enjomed on, all tax collectors to enquire for all such land, and to collect '^^ State.
the tax and arrears of tax thereon ; and if the taxes thereon and the arrears of
taxes thereon shall not be paid at or before the time hereinbefore appoint-
ed for the payment of the general tax, then the tax collectors shall foith-
with proceed to sell the same, agreeably to the mode prescribed by law for
selling the property of those who make default in paying their taxes.
XIII. And be it further enacted by the authority aforesaid. That the trea-
surers shall not hereafter draw any order or check, or make any draft All payments
on any tax collector in this State, in favor of any person having any JrJ^guL
claim or demand on the treasury of this State ; nor shall the treasurers
make payment to any person having any claim upon the State, even though
allowed by law or provided for by the Ijegislature, but at the treasury of-
fice at Charleston or Columbia, e.xcept as is provided in the Act entitled
"An Act to authorize the treasurers to pay certain persons therein men-
tioned their annuities, and regulating payment to annuitants." And no
tax collector shall receive or take in payment of taxes due by any person
any order, draft or check of either of the treasurers.
XIV. And be it further enacted by the authority aforesaid, That the trea-
surers in Charleston and Columbia shall procure to be printed so many Blank returns
blank ta.x returns adapted to the nature of the taxes which the Legis-'" ''^f""'"'^''^'''
lature shall from time to time impose, as will be necessary under this
Act ; and the said treasurers shall furnish each tax collector in their
divisions respectively with so many of the said blanks as will enable him to
perform the duties required by this Act. And each and every tax col-
lector shall, and he is hereby authorized and required to, demand and take
from each and every person making a tax return, two copies of such return,
signed and sworn to as the law directs, to be made out on the said blanks,
of all the property owned by him, her or them, on the first day of October
last.
XV. And be it further enacted by the authority aforesaid. That it shall
be the duty of each and every tax collector throughout the State to Return oi'Ren-
make out a duplicate of the general return which he is by law directed to ^^jg"',Qj'j,g®
make to the treasurer, and to inclose the same, together with the duplicate Legislature,
of the tax returns by this Act directed to be taken from the individuals of
their respective counties and parishes, in a packet directed to the comptrol-
ler and sealed up ; which packet each and every tax collector is hereby re-
quired to transmit to the treasurers respectively, on or before the first day
of October, in each and every year, to the intent that by the due examina-
tion thereof by the comptroller, any improper conduct in the tax collectors
may be detected. And should any of the lax collectors aforesaid fail to
390 STATUTES AT LARGE
A. U.1300. peit'orm the duties required by tliis and the next preceding clause, lie shall
'^^'^"^j"'^-^ forfeit and pay the sum of one hundred dollars, to be recovered of him by
any person sueiiig for the same in any court having competent jurisdiction,
XVI. A/id be it further enacted by the authority aforesaid, That itsball
to°be"proceed'ed ^^ '•^^^ ''"'■3' °f '•'^^ treasurers to report to this house at their annual
against. session every instance of default in any tax collector in his division,
and to instruct the attorney general or solicitors respectively, to prose-
cute such defaulter, as soon as any instances of default shall occur. And
it shall be the duty of the said treasurers resjiectively, strictly to en-
force the means which they are by law authorized to make use of, to
compel the tax collectors to the due performance of their duties ; and in
case any treasurer shall fail to make use of such means, he shall be held
to make good any loss which the Stale shall sustain thereby.
XVII. And he it fiirtlier enacted by the authoiity aforesaid. That the tax
In Charleston collectors of St. Philip's and St. Michael's, in Charleston, shall, m<mthly,
returns to be and on the fiist Monday in every month, from and after the first day of
made monthly. J^l^rch next, upon oath, make due and true returns of alimonies which
shall have been received by them during the preceding month.
XVIII. And be it further enacted by the authority aforesaid. That if any
tax collector or collectors shall make any distinction or discrimination of
Tax collectors persons in issuing executions, the taxes of such person (in addition to the
to make no dis- lien which the State has on the property of such person,) shall be considered
erimma ion. ^_, thereby assumed by such tax collector or collectors ; and the treasurers of
Charleston and Columbiaare directed and enjoined, in their different depart-
ments, to debet such tax collector or collectors, so misbehaving, with all such
arrearages of tax, and to issue executions therefor immediately against each
andevery of them, and to lodge such executions with the sheriff of the district
in which such collector or collectors reside or shall have property. And
if any sheriff or sheriffs, in whose hands such execution shall be lodged,
shall make any distinction or discrimination of persons, in levying the said
executions, or shall retain the same for a longer time than two months,
without making a return of the same, he is hereby made chargeable with
the said executions, in addition to the liability of the collectors and individ-
uals so originally in arreat for taxes as aforesaid.
XIX. And be it further enacted by the authority aforesaid. That no per-
Taxestobedis-son holding any office of profit under this State, or having any demand
counted "om Qgrainst the State, shall be entitled to receive any sum of money which
creditors of the = ir ,^ ■, ,■ "^ ,• ■■,•'-, .
State. may be due to him trom the State until Ins taxes are hrst paid and satis-
fied ; and the treasurers are hereby positively directed, before they shall
pay to any person holding any office of profit or having such demand,
the sum that may be due to him, to require of him a receipt from the
tax collector where such person resides or ought to pay his tax, stating
that his taxes are paid and satisfied. And upon neglect or refusal of any
person holding any such office or having such demand, to produce such
receipt, the treasurers are hereby directed not to pay such person the sum
or sums of money which may be (luetohim, until satisfactory proof is madeto
them that such taxes have been paid, or the parties agree to discount the same.
And if the treasurer should pay to any person holding any office of profit or
having any demand as aforesaid, any sum which may be due to him, without
having such receipt produced or discount made as above required, he is
hereby declared to be liable for all losses which may arise to the State
therefrom.
XX. And be it fur/her enacted, by the authority aforesaid. That the instal-
ment of the pa- ""^"'^ of the paper medium which shall be due on the first Wednesday in
per medium. March next, shall not he required to be paid as directed by the Act entitled
OF SOUTH CAROLINA. 391
"An Act for raising supplies for the year one tliousand seven hundrecl A. D. 1800.
and ninety-four," but shall be paid on the first Wednesday in March, which ^--^"v-"^-'
will be in tiie year of our Lord one thousand eight hundred and six.
Provided always nevertheless, that no person shall be entitled to the benefit
of this clause who shall not give an additional security, if required by the
treasurer at Charleston, in all cases where he is not fully satisfied of the
suflBciency of the foiTiier security, and in all cases where default has been
made in paying what has heretofore been due, or which may be made in
paying the interest to grow due in March next.
XXL And be it further enacted by the authority aforesaid, That the tax col-
lectors throughout the State, in their several parishes and election districts ^'""' ""'•
respectively, shall be, and they are hereby, authorized and required to
collect the poor tax in their several parishes and election districts ; and
they shall be allowed the usual commissions for so doing.
XXIL Andbe it further enacted by the authority aforesaid. That the com-
missioners of the treasury shall be, and they are hereby, required to furnish copies of this
copies of this Act to each of the collectors appointed by law throughout Act to be fur-
this State, within one month after passing this Act, and their reason- "'^"'^°'
able expenses occasioned thereby shall be reimbursed.
XXIIL And be it further enacted by the authority aforesaid. That the pay
hereinafter to be provided for the support and maintenance of the maga- Magazine
zine guard, shall be restricted to that of the pay of an officer, a sergeant ^"^"^
and six men ; and that the sum of two thousand two hundred dollars be,
and the same is hereby, appropriated for the payment of the said guard,
under the direction of the comptroller.
XXIV. And be it further enacted by the authority aforesaid. That no
person or company shall, on any pretence whatever, issue or re-issue any No banking to
note or notes in the nature of bank notes, or otherwise, on the credit of**," a""^^'"' "n
the paper medium of the State ; and such notes aforesaid as shall now bedium.
in circulation, bottomed on the paper medium, shall be immediately called
in; and the treasurers and tax collectors are hereby forbidden, under the
penalty of losing their offices and forfeiting thesum of one thousand dollars,
from receiving such notes as are herein mentioned, in payment of taxes or
duties ; and every bank, and persons associated for banking, issuing or re-
issuing such notes, shall forfeit and pay the sum of ten thousand dollars,
which shall be recovered by action in any of the courts of law in this State.
And that it shall be the duty of the comptroller to enquire into and exam-
ine whether such notes are in circulation, and give information accordingly
to the attorney general, whose duty it shall be to bring suit or suits accord-
ingly-
XXV. And be ilfurther enacted by the authority aforesaid, That all the
public arms which now are or hereafter may be purchased on behalf of this Public anus to
State, shall, by order of his Excellency the G-overnor, be equally distribu- be distributed,
ted among the several brigades of the militia of the State ; and that the
several and respective brigadier generals shall and may allow the said
arms to be sold for costs and charges among the men of his brigade, and
cause the money arising from such sale to be paid into the treasury, to be
appropriated for the purchase of other arms, to be distributed in manner
aforesaid : Provided nevertheless, that no one man shall be permitted to
purchase more than what shall be sufficient to arm himself of the arms
aforesaid.
XXVL Whereas, there are many wealthy citizens of this State who
derive very considerable revenues from monies which produce an interest. Tax on money
and who do not contribute a due proportion to the public exigencies of the ^' interest,
same ; Be it therefore enacted by the authority aforesaid, that each and
392 STATUTES AT LARGE
A.D. IBOO. every enquirer, assessor and collector throughout the State shall, on
^-^'^'~^~' their enquiry for the retanis of the taxes of this Stale for the year one
thousand eight hundred, administer the following oath to all such per-
sons as may be liable to pay the same, viz: "1, A. B., do solemnly swear
("or affirm, as the case may be,) that the account which I now give in is a
just and true account of the quantity and quality of the lands, and the
number of slaves, and the sum or sums of money which have produced
me an interest since the first day of October, eighteen hundred, in any
manner whatsoever, which lam possessed of, interested in, or entitled to,
either in my own right or in the right of any other person whomsoever,
either as guardian, executor, attorney, agent or trustee, or in any other
manner whatsoever, according to the best of my knowledge or belief; and
that 1 will give a just and true answer, according to the best of my knowl-
edge, to all such questions as shall be asked me touching the same ; and
this I swear without any kind of equivocation or mental reservation whatso-
ever, so help me God :" and upon every sum or sums of money at interest
actually received, over and above what-each person pays on account of
intei'est, except where such interest money is received by any widow,
orphan or unmarried woman, having no other means of livelihood, the said
assessor, enquirer or collector, or enquirers, assessors or collectors, to whom
the same shall be returned, shall assess the sum of twenty-five cents on
every hundred dollars which shall have produced an interest of seven per
cent., and a proportional sum on all other sums of money drawing less
than seven per cent., to be recovered in like manner, in case of default, as
the collectors are authorized by law heretofore to do on the returns of
lands and slaves.
XXVII. And he it furtlicr cnacicd by the authority aforesaid. That
Penalty. jj, gj^gg ,^^y person or persons shall neglect to make a return of his, her
or their monies producing interest as aforesaid, they shall be liable to
suffer the same forfeitures and pay the same penalties as are authorized by
law in case of their refusing or neglecting to make return of his, her, or
•their lands or slaves.
XXVIII. Be it further enacted by the authority aforesaid, That the seve-
Sherifls to col-ral and respective tax collectors in this State shall place their warrants
lect tax execu- against any person or persons who shall make default of payment of their
'""'^" taxes, for collection in the hands of the sheriffs of the districts respectively,
and in the hands of no other person or per.sons whomsoever; and the sheriffs
shall be entitled on the service of such warrants to the usual mileage on
the service of executions.
XXIX. And be it further enacted by the authority aforesaid. That the tax
collectois shall take the sheriff's receipt for such executions as shall have
been issued for taxes, which receipts they shall respectively produce in
settlement with the treasurer. And it shall be the duty of the treasurer to
transmit to the comptroller, without delay, a certified copy of all such
receipts, to the end that the comptroller may be enabled to inspect the con-
duct of the sheriffs therein.
XXX. And whereas, sundry bori'owers of the paper medium loan have
Land bought in not paid the interest due on the sums borrowed by them, and sales have
[jy ihe State lo [jeen made of the lands mortgaged to secure said loan, and the treasurers
have bought in the said lands for defect of bidders, and the same remain
on the hands of the State, unpioductive ; Be it C7iactcd by the authority
aforesaid, That the treasurer shall be, and is hereby, authorized and direct-
ed to cause all the lands bought in as afoiesaid to be put up to sale, in the
districts in which they severally lie, by the sheriffs of the said districts, on
a public sale day, after giving three months notice thereof, and shall sell
OF SOUTH CAROLINA. 393
the same to the highest bidder; and such purchaser shall pay one fourth A.n.ison.
part of the purchase money in cash, at the time of tlie sale, and the remaining v-^'^'"'"'-'
three fourths in one and two years ; for the performance of which he shall
give his bond and mortgage of the premises, and also personal security,
to be approved of by the sherifl' and three commissioners residing in such
district, to be nominated by the treasurer. Provided, that no sale of tho
said mortgaged lands shall take place when any person interested in the
same shall tender one third part of the sum due, together with the expen-
ses incurred, and give bond, mortgage and security, as is herein before
directed, for the balance due, payable in one and two years, previous to
the day of sale ; and that the said mortgaged property shall thereupon
vest in the party so paying and giving .security as aforesaid.
XXXI. And be it fartlier enacted by the authority aforesaid. That it
shall be the duty of the treasurer, in the monthly reports which he is re- Monthly re-
quired to make to the comptroller, to state the amount of all sums of money P<'"a-
which he shall or may receive or pay away on behalf of the State, particu-
larizing the person and his office of whom he receives and to whom he
pays, as well as on what account he has received, and for what purposes
he has paid, such sums.
XXXII. And he it further enacted by the authority aforesaid. That it
shall bathe duty of the treasurers, at any time when required by the Tieasurois to
comptroller, severally and respectively, to produce to him a satisfactory Jf''"""' ,'." .
statement of the cash on hand, and shall promptly furnish him with official
information, duly certified, whenever applied to do so, relative to any
matter connected with the revenue and finances of the State, of every de-
nomination and description, within their several and respective depart-
ments or divisions.
XXXIII. And be it farther enacted by the authority aforesaid. That it
shall be the duty of the treasurers to pay the salaries of all the public offi-
cers on the civil list, quarterly, and not earlier.
XXXIV. And be it further enacted by the authority aforesaid, That it
shall be the duty of the treasurers, and they are hereby directed, severally,
to raise an account in the treasury books, in every instance, for the several
appropriations made by the Legislature, so that the appropriations of
money, and the application thereof, conformably thereto, may appear
clearly and distinctly on the treasury books.
XXX v. And whereas, the foreign debts of this State have all been paid
off except two, one of them to Strickhouser, and the other claimed by the
representatives of the Prince of Luxembourg, amounting in the whole, by ^°''^'B° i^^'"-
estimate, to about one hundred and fifty thousand dollars, which peculiar
circumstances prevent the payment of at this time ; and whereas, there
remains in the treasury, over and above the appropriations made by jaw,
a much larger sum than the above, great part of which has arisen from an
Ordinance of the thirteenth of March, one thousand seven hundred and
eighty-nine, entitled " AnOrdinancefor fundingand ultimately discharo^in^
the foreign debt of this State," imposing a tax of one quarter of a dollar
per head on each negro slave in the State, for the purpose of, and sacredly
pledged for, the payment of the foreign debt ; so that the said Act hatii
answered the purpose for which it was passed, and there is no necessity
to continue the imposition of the said ta.\ any longer on the citizens ; but it
is essential to the maintenance of the good faith of this State, that the said
sum of one hundred and fifty thousand dollars should be set apart sacredly
for the payment of the two beforementioned debts, as soon as the same carr
be done with justice and propriety: Be it enacted by the authority afoiesaid,
That the sum of one hundred and fifty thousand dollars, now ui the treasui v
VOL. v.— 50.
394
STATUTES AT LARGE
OidinancR of
]78'J repealed.
Unappropria-
ted money in
t!iH treasury.
Gaol I'lind in
Charleston.
Lieutenant
Governor act-
ing a3 Govern
or, to be paid
the salarv.
Securities of
lax collectors.
bo, and the same is hereby, set apart and sacredly pledged forlhepaynienlof
the two before mentioned debts, whenever such payment can be made con-
sistently with justice and safety to the State, underthe direction of the legisla-
ture. And that the same may be made productive, so as to meet the growing
interest of those debts, the treasurer of the lower division is hereby author-
ized and directed to lay out the sum nloresaid as .speedily as can be
done with advantage to the State, under the direction of the comptroller
and of the standing committee of the Legislature, in the purchase of
the funded debt of this State or of the United States, which shall be
preserved and remain pledged and set apart for the payment of the two
debts aforesaid. And the ordinance of the thirteenth day of March, one
thousand seven hundred and eighty-nine, entitled "An Ordinance for fund-
ing, and ultimately discharging, the foreign debt of this State," shall be,
and the same is hereby, repealed.
XXXVL And be it enacted by the authority aforesaid, That the treasurers
shall forthwith open in their respective books an account in the name of the
State of Soutli Carolina, in which account they shall enter the amount of
all sums now in the treasury unappropriated : and in like manner shall
enter all sums of the same nature that shall herenfter be received by them
respectively ; which sums are hereby placed under the superintendance of
the comptroller, to be applied at such time and in such manner, for the
purposi's aforesaid, as be and the said standing committee ef the legisla-
ture shall in their discretion think fit, by drafts, to be made by the comp-
troller ou the treasury. And the said ccmiptroller is hereby required to
render, annually, to the Legislature, a full account of his transactions.
XXXVII. And he it enacted by the authority aforesaid, That tiie treasu-
rer of Charlest(ni be, and he is hereby, authorized and directed to sell so
much of the funded debt of the State as has been purchased by the treasu-
rers with the suras heretofore appropriated by law for the building a
gaol in Charleston and kept as a gaol fund, for so much as the same will
bring, giving the preference to the State as a purchaser in such sale ; and
that the amount of the money which shall be produced by the sale of such
stock shall be paid over to the commissitmers for building a gaol in Charles-
ton, who shall proceed to erect and buiUl a suitable gaol for the district of
Charleston with the said sum of money, together with the sum of five
thousand dollars, part of the sum of one hundnd thousand dollars appro-
priated by the tax Act of one thousand seven hundred and ninety-nine, for
the purpose of erecting court houses and gaols in this State.
XXXVIII. And whereas, some doubts having been entertained that the
Lieutenant Governor and his private secretary were not entitled to the
sal iry appropriated by law for the payment of the Governor and Com-
mander-in-chief of this State and of his private secretary, notwithstanding
the administration of the government devolved on the Lieutenant Gov-
ernor on the death of the late Governor, and the comptroller suspended
the payinent of such salaiy till the pleasure of the Legislature could be
known ; Be it enacted by the authority aforesaid, That the treasurer shall
be, and he is hereby, authorized and required to pay lo his Excellency
.John Drayton the salary allowed by law to the Governor and Commander-
in-chief of the State, for such time as he administered the government, as
Lieutenant Governor, after the death of the late Governor, out of the pro-
vision made by law on this subject; and also to the private secretary of the
Governor the salary jirovidi'd by law for him.
XXXIX. Andheit enacted by the authority aforesaid, Thtit the securities
of the several tax collectors, who may be hereafter appointed in this State,
shall be approved of by the commissioners who approve of the securities
OF SOUTH CAROLINA. 395
given by the sheriflTs of the several di.slricts in whicli they may be appoint- A.l). 180O.
ed respectively. \..t^~v~^*~y
XL. And he it enacted by the authority aforesaid, Tliat the several
sums hereinafter mentioned shall be, and are hereby, appropriated for the Appidpiiafion.
several purposes foUowina;, to wit : for defiaying the expenses of the civil
list, as per estimate (No. 1) number one, hereunto annexed, a sum not ex-
ceeding seventy thousand eight hundicd and thirty-five dollars ; for
defraying the contingent and extraordinary expenses of government, as
per estimate (No. 2) number two, hereunto annexed, a sum not exceeding
forty-five thousand seven hundred and eighty-one dollars, eighty-six cents.
And that the said several sums shall be paid out of the funds following,
namely, the general taxes imposed by tiiis Act, and all arrears of debts,
duties and taxes whatsoever, which have been collected or may be collected
for the use of the State, and not otherwise appropriated by law.
XLL And he it enacted by the authority aforesaid, That the balance
of interest which now remains or shall hereafter remain to this Stale Fundeil debt to
on the debt due by the United Slates, after paying the interest due on the ^^ ''""S'''^ '"•
funded debt of this State, and the amount of the principal which may be
paid on the principal of the debt due to this State by the Ll^nited States,
shall be, and the same is hereby, appiopriated to the purchase or redemp-
tion of tlie funded debt of this State, by the treasurer of the lower division,
under the direction of the comptroller and standing committee of the
Legislature ; and all balances of cash which may remain in the treasury
of this State after paying the appropriations made by law, shall and may
be applied, in the same manner, to the same use and purpose.
ESTIMATE
Of supplies loanted fur the support uf Government, for tlie year ISOO, and
to discharge dejtiands incurred in the year 1800.
STATEMENT NO. I.
Salaries, and other annual expenses, as settled hy law.
The Governor's salary, ...... $2,572 00
Secretary to the Governor, .... 43O ()()
Six Judgesof the Courts of Law, each $2,572, .... 15,43200
Three Judges of the Court of Equity, each $2,144, - - - 6,432 00
Attorney General, for giving advice to llie Governor and other public offi-
cers, in matters of public concern, in addition to his other duties, - 860 00
The Circuit Sohcitors, (three) eacli $500, .... 1,50000
Clerk of the Court at Columbia, - - - - - 140 00
Clerk of the Court at Charleston, - . - - - 140 00
Sheriff of Richland, lor attending on the Constitutional Court at Columbia, - 50 00
Expenses of the members of the Legislature at the present session, and pay
of the .Solicitors attending the Legislature, - - - 12,000 00
Clerkto the Senate, and Clerk to the House of Representatives, each $12.10, 2,460 00
Two Messengers, each .4216, ..... 432 00
Two Doorkeepers, each $216, ..... 432 OO
Keeper of the State House, at Columbia, his salary, fixed at $130, - 130 00
Comptroller's salary, ...... 2,000 00
Comptroller's clerks, and stationary, ----- 1,600 00
Treasurer in Charleston, for salary as Treasurer, and for transac'.ing the
businessof the Loan Office, and clerks, . - . . 2,658 00
Treasurer in Columbia, for his salary, ----- 1,29000
Clerk to the Treasurer in Columbia, - - • . - 400 OH
Adiutant General, --.---- 1,500 00
396
STATUTES AT LARGE
Nine Brigade Inspedors, each $216, ..... $1,944 00
Arsenal keeper and Powder receiver in Charleston, - - . 216 00
Diiio Ditto ditto at Abbeville Court House, • . 50 00
Arsenal keepers and powder receivers for Camden, Georgetown and lieanfort,
each $30, - . - . . . . 150 00
('ontingent fnnd, subject to the Hovernor's draft, he to submit an annual
account of expenditure, . - - . - 6,000 00
Port Physician, salary, - . . - - - 600 00
Stale Printer's salary, ...... 1,15800
Pilot for bar and harbor of Georgetown, . _ . - 322 00
Annuities, -...-... 4,500 00
Transient poor, payable to the City Council of Charleston, . . 4,280 00
Salary ofthekeeper of the lazarettoof the port of Charleston, - . 257 00
171,935 00
ESTIMATE NO. 2.
Extraordinaries and Cuntingent Accounts.
Contingent accounts of the lower division, payable by the Treasurer
Charleston, as reported on by the Comptroller, and agreed to by the Leg
lature, ......
(-.'ontingent accounts of the upper division of the Treasury, payable by tli
Treasurer in Columbia, as reported on by the Comptroller, and agreed
by the Legislature, . - . • .
For Frederick Crider, . . - . -
For the immediate purchase of swords and pistols, to arm the Militia,
For the purchase of a Library for the use of the Legislature,
For the fitting tip desks and places of deposit for the papers of the House of
Representatives, .....
Rev. Mr. Dunlap, for preaching before the Legislature, .
Magazine Guard, near Charleston, a captain, sergeant, and six privates, pay
and subsistence, . . - -
Orangeburgh Ga<Jl and Court House, repairs,
Beaufort District Court House, repairs,
WiUiam Rowe, Lieutenant of Cavalry, pay roll for guarding Duesto, a prisone:
from Riddlesperger's to Orangeburgh, and at the gaol until his execution,
James Gillespie and Thomas Godfrey, employed by the Executive, .
A casement fnr the Secretary's office, in Columbia,
Repairs to the Magazine and Barracks on Charleston Neck,
Index to Register's ofitce in Charleston, to be performed under the direction
and appointment and inspection]of the Register,
For expenses for carrying into effect the Quarantine laws.
Engineer's department, for amount of accoumts in the Engineer's departmeni
ordered by the House to be referred to the Comptroller to be examined,
and, if properly vouched, to be paid out of the treasury, under h
direction, ......
Robert Murphy, agreeably to joint resolution, a sum not exceeding.
Benjamin LangstafT, for a negro executed,
John Pearson, for a negro executed, , . - ,
James B. Richardson, for a negro executed,
Jacob Sass, for certain work in Senate House, agreeably to their order,
Thomas Pace, for the apprehension of Duesto, on his compliance with th
conditions stated in joint resolution of the Legislature,
Le Vacher St. Marie, for repairs to his quarters on Charleston Neck,
James Kershaw's account, salary from Nov. 1798 to Nov. 1799, $86 ; foi
rent of Arsenal, $60, - . - . -
Andrew Adams, a soldier disabled m the service of the Stale,
5,995 34
3,531 56
86 00
3,000 00
1,000 00
100 00
90 00
2,200 00
800 00
800 00
248 50
382 79
60 00
500 Ot)
1000 00
1000 00
22,427 10
150 00
122 44
122 44
122 44
1,336 00
200 00
26 00
146 00
22 00
OF SOUTH CAROLINA. 397
Arrears of pension to Martha Anderson and her children, - - 162 75 A. D. 1801.
James Douglas, agreeably to joint resolution, for balance of his account for v-^'^v^^--'
repairs to the State House, ..... 200 OO
$45,781 3G
tn the Senate House, the twentieth day of December, in the year of our Lord one
thousand eight hundred, and in the twenty-fifth year of the Independence of the
United States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speaker of the
House of Representatives.
AN ACT supplementary to an Act entitled " An Act to prevent No. 1756.
Negro Slaves and persons of Colour from being brought into or
entering this State."
f'Passed December 19, ISOl. See last volume.)
AN ACT TO PREVENT THE FoRGlNG, AND UTTERING, KNOWING THK SAME No. 1757.
TO BE Forged, CERTAIN instruments in writing, therein mentioned.
I. Be it enacted, by the honorable the Senate and House of Repre-
sentaltives, now met and sitting in General Assembly, and by the authority
of the same, That if any person, from and after the passing of this Act, „ ^ ,
• ,, . , • ■ ■ c^ ^- 1 1 1 /• r- • rersons lound
shall, within this State, falsely make, forge or counterfeit, or cause or pro- guilty of forge-
cure to be falsely made, forged or counterfeited, or willingly act or assist in ■'.v, to be deem-
the false making, forging or counterfeiting, of any deed, will, testament, *" ^ °"^'
bond, writing obligatory, bill of exchange, promissory note for payment
of money or delivery of goods, bank note for payment of money of any in-
corporated or unincorporated bank or company within this State or any of
the United States, or any indorsement or assignment of any bill of ex-
change or promissory note for payment of money, or of any bank note
for payment of money of any incorporated or unincoi-porated bank or
company within this State or any of the United States, or any acquittance
or receipt, either of money or goods, or any acceptance of any bill of ex-
change, or the number or principal sum of any promissory note or bank
note, for the payment of money, of any coiporated or incorporated bank or
company in this State or any of the United States, or the number or prin-
cipal sum of any accountable receipt for any note, bill or other security
for payment of money, or any warrant or order for payment of money or
delivery of goods, with intention to defraud any person or persons residing
or being within this State or any of the United States, or any bank or
company, corporated or unincoi-porated, within this State or any of the
United States, or the president or any other officer of any such bank or
company ; then every such person, being lawfully thereof convicted
39S STATUTES AT I.ARGE
A.l). IROl. according to the due coarse of law, shall be deemed guilty of felony, and
"'""^'^'"^"^^ shall suffer death as a felon, without benefit or clergy.
II. A/id he it further e/uictfil by the autliority aforesaid, That if any per-
son, from and after the passing oft his Act, shall, within this State, utter or
publish as true, any false, forged or counterft-ited deed, will, testament.
Any person bond, writing obligatory, bill of exchange, promissory note for payment of
found guilty of money or delivery of goods, bank note for payment of money of any in-
IJ'"h""^ '"if* corporated or unincorporated bank or company within this State or any of
deemed a ielon. the United States, or any indorsement or assignment of any bill of ex-
change or promissory note for payment of money, or of any bank note for
payment of money of any incorporated or unincorporated bank or compa-
ny within this State or any of the United States, or any acquittance or
receipt, either for money or goods, or any acceptance of any bill of ex-
change, or the number or principal sum of any accountable receipt for any
promissory note or bank note for payment of money, of any incorporated
or unincorporated bank or company within this State or any of the United
States, or the rmmber or principal sum of any accountable receipt, note,
bill, or other security for paynnMit of money, or any wariant or order for
payment of money or delivery of goods, with intention to defraud any per-
son or persons residing or being within this State or any of the United
States, 01 any bank or company, corporated or unincorporated, within this
State or any of the United States, or the president or any other officer of
any such bank or company ; the said person so uttering the same as afore-
said, knowing the same to be false, forged or counterfeited, then every
such person, being thereof lawfully convicted according to due course of
law, shall be deemed guilty of felony, and shall suffer death as a felon,
without benefit of clergy.
In the Senate House, the nineteenth day of December, iu the year of our Lord one tlioiisand
eiglit hundred and one, and iu the twenty-sixth year of the Independence of the Igni-
ted States of Anier
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speaker of the
House of Representatives,
No. 1758. AN ACT TO establish the Office op Commissioner of Locatioxs.
1. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
th'e same, That a commissioner of locations, in each circuit district, shall
be recommended by a majority of the members of the legislature of such
district, and shall be commissioned by the Governor for the time being ;
and in case the members of any district, or a majority of them, shall fail
to recommend any fit and proper person as commissioner of locations, the
Governor for the time being shall commission any person whom he may
think fit.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and one, and in the twenty-sixth year of the Independence of
the United States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speaker of the
House of Representatives.
OF SOUTH CAROLINA.
AN ACT to incorporate tlie South Carolina aiiJ State Banks. No. 1759.
(Passed December 19, 1801. See last volume.)
AN ACT to repeal the Act entitled "An Act to establish a Company No. 1760.
for the opening the Navigation of Broad and Pacolet Rivers."
(Passed December 19, 1801. See last volume.)
AN ACT to establish a Court of inferior jurisdiction in the City of No. 1761.
Cliarleston, and to extend the jurisdiction of Magistrates throughout
tlie State, except those resident in the City of Charleston.
(Passed December 19, 1801. See last voluvie.)
an act to vest in thr commissioners of the higu roads and no. 1762.
Bridges, throughout the Stati:, the sole right of granting and
ISSUING LiciNSES to Taveun Kekpkrs, Retailers op Spirituous
Liquors, and keeit.rs of Billiard Tables.
WHEREAS, doubts have arisen with respect to the person or persons
in whom the right of granting and issuing licenses to tavern keeners, re- Preamble,
tailers of spirituous liquors, and keepers of billiard tables, is vested, and
the laws now in force not being deemed sufficiently explicit upon that sub-
ject:
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au- „
thority of the same. That from and after the passing of this Act, the sole to grant Ucen"
right and exclusive power of granting and issuing licenses to retailers of^^s,
spirituous liquors, tavern keepers, and keepers of billiard tables, be, and
the same is, vested in the commissioners of the high roads and brido-es, or
a majority of them, in their respective districts and parishes throughout
the State.
IL And he it enacted by the authority aforesaid. That the said commis-
sioners of the roads, or a majority of them, thmughout this State, shall, at „„j ,„ ^^^
any stated meeting, and at nc' other time, hear all applications for licenses plications,
to keep taverns and retail spiriiuousliquors within their respective districts
and parishes ; and shall reject such applications, or grant such licenses for
one year, as to them shall seem meet and proper : and every retailer of
spirituous liquors to whom such license or licenses are to be granted, shall
give bond and security, according to law, to the chairman of the board of
400 STATUTES AT LARGE
A. D. 1801. conimissioneis, or person authorized by the board, previous to his receiving
^-^'^"'"^''^ the said license or licenses. And every person who shall obtain a license
to keep tavern, shall give bond, with two sufficient securities, iu the sum of
one hundred pounds, payable to the commissioners where such licenses
shall be obtained, for the use of the said district or parish, that such person
shall keep clean and wholesome meat and drink and lodging for travel-
lers, and the usual provender for horses. And that all licensed retailers
who do not keep also taverns and entertainment for travellers, pay fifteen
dollars for their license ; and that he, she or they, shall not retail les.s than
a quart of spirituous liquors; except in the districts of Charleston, Beau-
fort, Colleton and Georgetown, in which districts the licensed retailers last
above mentioned shall pay for their licenses twenty dollars, and be sub-
ject to the restrictions aforesaid.
III. And he it. enacted by the authority aforesaid. That the sole and ex-
clusive power r)f receiving the monies to be paid for licenses by tavern
Money fo'' ''- keepers, retailers ofspirituous liquors, and keepers of billiard tables, be also,
Jaid^out in re. and the same is hereby, vested in the commissioners of the high roads and
pairing roads, bridges ; any heretofore law, usage or custom to the contrary notwithstand-
ing : which monies, when so received, shall be applied by the said commis-
sioners to the repairs of the roads and bridges in their respective districts
and parishes throughout the State.
IV. And. he it enacted by the authority aforesaid, That each and every
,y. person applying for a license or licenses to keep taverns or retail spirituous
be paid. liquors, shall pay, on his receiving said license, the sum of eight dollars for
said license, to the chairman of the board, or person authorized thereby,
together with two dollars, fees for the issuing said license and taking bond
as aforesaid.
V. And he it enacted by the authority aforesaid, That any peison or
persons who shall retail spirituous liquors or keep tavern without a license
tai'nnK ^without °'' licenses from said board of commissioners, shall forfeit and pay the sum
license. of one hundred dollars, to be recovered in any district court in this State.
VI. And he it enacted by the authority aforesaid, That each and every
person applying for a license or licenses to keep a public billiard table or bil-
liard tables, shall pay, on his receiving said license or licenses, the sum of fif-
ty dollars, to the chairman of said board, or person authorized thereby, to-
gether with two dollars, fees for the issuing said license ; and any person
,,,, . or persons who shall keep a billiard table or billiard tables without a license
What sum to be r. . , . , "^ t r ■ • i n p c ■ i ,
paid for licen- or licenses trom the said board or commissioners, snail lorieit and pay the
sing billiard s\im of three hundred dollars, to be recovered in any district court in this
State. The forfeiture in all ca.ses to be thus disposed of; one half to the
informer, and the other half to the board of commissioners in their respec-
tive districts or panshes, and to be applied by them to the repairs of the
roads and bridges throughout the State, or to the maintenance of the poor
in such districts which may not require the application of the same to the
repairs of the roads and bridges in such district : Provided always, that
nothing contained in this Act shall be construed to extend to lessen the
powers at present granted by law, and now exercised by the corporation
of Charleston, or the commissioners of the town of Columbia, or the com-
missioners of the streets of Georgetown, or of the corporation of Camden,
or any other incorporated towns ; and that any regulations, conformably to
iheir present powers, which the city council of Charleston may deem re-
quisite to enforce or prescribe, in relation to the granting of licenses to
tavern keepers, retailers of spirituous liquors, and keepers of billiard ta-
bles within the city of Charleston, shall be deemed lawful and valid ; any
thing in this Act to the contrary notwithstanding : and also that all similar
regulations by law pei milled to be made by the commissioners of the town
tables.
OF SOUTH CAROLINA. 401
of Cdlumliia, or the coimii^sioners of the streets of Georgetown, or of the A-H.lsoi.
coiporation of Camden, or any other incorporated town, shall be deemed '^-^'~^j'~^~^
lawful and valid ; any thing in this Act to the contrary thereof in any wise
notwithslan<ling. Provided also, that nothing contained in tliis law shall
prevent any person from selling or retailing spirituous liquors, not less than
one quart, distilled on his own plantation, of the growth and produce of this
State, and to be carried away from the same.
VII. And he if enacted by the authority aforesaid. That the commission- jj^^^ f^^ Ij.
ers of the streets and markets of the town of Columbia shall have the censing billiard
power of srrantinq licenses to all keeijers of billiaid tables within the limits ["'^'f? m Co-
"„ , .', ^ , , , ' . . , „ ,,11 • lumbia, how to
ot the said town, and that the money arising theretrom shall be ajjjiropria- be applied.
ted to sinking wells, and laid out in the purchase of a fire engine, for the
use of the inhabitants of the said town.
In ihe Seualo House, the nineteenth day of December, in the year of our Lord one
thousand eight hundred and one, and in the twenty -sixth y^ ar of tho Independence of
Ihe United States of America.
JOHN WARD, Presidciil of the Senate.
THEODORE GAILLARD, Speaker of the
House of RepreserUatives.
AN ACT lo EsTAULisn .\ Towa' is the kouk of Tugaloo a.nd No. 1763.
IvEowioE Rivers.
WHEREAS, Samuel Earle hath petitioned the Legislature to lay out
and establish a town in the fork of Tugaloo and Keowee rivers :
I. Be it therefore enacted, by the honorable the Senate and House of
Reptesentatives, now met and silting in General Assembly, and by the Andersonville
authority of the same. That a town shall be, and the same is hereby, estab-
lished on the lands of Samuel Earle, lying in the fork of Tugaloo and
Keowee rivers, in the district of Pendleton ; which town shall be known
and distinguished by the name of Andersonville.
II. A7id be it enacted by the authority aforesaid. That General Robert
Anderson, Colonel John Bayles Earle, and Samuel Earle, be, and they are ^ """^ted"""'
hereby appointed, commissioners to lay off the said town, and form such
rules and regulations respecting the same, as to them, or a majority of
them, may be deemed requisite and convenient.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and one, and in the twenty-sixth year of the Independence of
(he United States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speaker of the
House of Representatives.
AN ACT TO INCRKASE THE STORAGE OF ToBACCO AT HaMMO.N'D's, CaMP- No. 1764.
bell's and Pickens's Warehouses.
I. Be it enacted, by the hf)norable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
VOL. v.— 51.
402
STATUTES AT LARGE
Rates ofstore-
age iiicreasetl.
the same, That from and after the first day of January next, the rates of
storage of tobacco at Hammond's, Campbell's and Pickens's wareliouses,
be, and they are hereby, iiicreased ; and that the proprietors of the said
warehouses be entitled and authorized to receive the sum of one shilling
and four pence for the first four months, for the storage of each and every
hogshead of tobacco that shall be stored in either of the said warehouses :
and also the sum of seven pence for every month each and every hogshead
of tobacco shall remain therein longer than the time aforesaid ; any law to
the contrary thereof in any wise notwithstanding.
Ill the Senate House, the nineteenth day of Decemher, in the
sand eight hundred and one, and in tlic t«cnt_v-sixth
of the United States of America.
■of our Lord one thou-
r of the Independence
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Sj>eaf,er of the
House of Represefitatiies.
No. 1765. AN ACT to .authorize the Treasurer to deliver to Pktkk Tre-
ZEVANT A BOND AND MORTGAGE THEREIN MENTIONED.
1. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the saine, That the treasurer is hereby directed and required to deliver to
Peter Trezevant, who hath intermarried with the daughter and only legal
representative of Robert Farquhar, deceased, a certain bond and mortgage,
executed by the said Robert Farquhar to the commissioners of confiscated
estates, for the purchase of a bouse and lot, sold by the said commissioners
as the property of William Russell, and purchased by the said Robert
Farquhar, who was a just creditor of said William Russell to a larger
amount than the sum due on said bond and mortgage.
In the Senate House, the nineteenth day of December, in the year of our Lord one tliou-
sand eight hundred and one, and in the twenty-sixth year of the Independence
of the Cniled States of America.
JOHN WARD, President of the ScJWt.e.
THEODORE GAILLARD, Speaher of the
House of Pepresentntire.i.
No. 1766. AN ACT to provide for the drawing and legalizing a Jury to
SEKVE AT the NI'XT SpRING CiRCUIT FOR SuMTER DISTRICT, AXn
LEGALIZING THE JlJHY LATELY DRAWN fS OrANGIvBURGH DISTRICT.
WHEREAS, by the destruction of the public i-ecords and minutes of
the court of Sumter district, by fire, which consumed the clerk's office
and all the papers therein contained, the names of the jurors drawn regu-
larly at the last November court were thereby burned and lost. In order,
therefore, to remedy and avoid the inconveniencies and evils that may arise
OF SOUTH CAROLINA. 40.J
from a delay of justice, for the want of a jury to serve in the courts of •' "'Sio'-
sessions and common pleas for Sumter district, at llie next Spring circuit : ^-^~v^""«-'
I. Be it tlienfore enacted, by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the authority
the same, That it shall be lawful for the clerk of the said district court of
Sumter district, torequire, by a summons underhis hand and seal, theattend-
ance of four justices of the peace, whereof two shall be of the quorum, to be S'leriffand
and appear at the court house of said district, on the fifteenth day of January juries lor
next ; and that the cleik and sheriff of the said district shall then and there Sumter,
proceed to draw, in the presence of the said justices aforesaid, a lawful
number of jurors, from the jttry box of said district, according to the di-
rections or references contained in an Act of Assenildy of this .State, passed
on the ISth day of December, in the year of our Lord one thousand seven
hundred and ninety-nine, entitled "An Act for the establishment of an
uniform and more convenient system of judicature." Which said jurors,
so drawn, are hereby declared, to all intents and purposes, lawful jurors,
to sit, try and dutermine all loatters in the said courts for the said district,
at the next spring circuit, that may be brought before them respectively ;
and that no challenge, either to the array, the pannel, or the poll, shall be
admitted against such juries, or any of them, on account of their having
been drawn in the manner above provided ; any Act, matter, clause, usage,
custom or law to the contrary notwithstanding.
IL And be it furtlier enacted by the authority aforesaid. That the said
clerk of the court of the district of Sumter, aforesaid, be, and he is hereby, Jurors to at-
autlioi'ized and required to issue a writ of venire facias, directed to the ! ' °° ?«"*'•
said sheriff' of Sumter district, who shall summon the jurors so drawn as
aforesaid, to appear and serve at the said court ; and that all jurors so to be
summoned, and failing to attend agreeably to such summons, shall be, and
they are hereby declared to be, subject to the penalties prescribed by law
against defaulters in like cases.
in. And whereas, doubts have arisen whether the jury drawn to serve
the next court for Orangeburgh district, were legally drawn ; Beit there- '""S^burgh.
fore enacted by the authority aforesaid, That the jury so drawn for the dis-
trict aforesaid, shall be considered as a legal jury, and aie hereby declared
to be l^alizcd.
(nthe Seriate House, tlie nineteenth day of December, in the year of our l.onl one thousand
eie;ht hundred and one, and in the twenty-sixth year of the Independence of the
United States of America.
.JOHN WARD, President of the Senate.
THEODORE C4AILLARD, Speal-er of the
Hoi/.ie of Repre.tcvlatiees.
AN ACT TO ESTABLISH A Coi.I.EGE AC C.H.UMBIA. No. 1767.
WHEREA.S, the proper education of youth contributes greatly lo the
prosperity of society, and ought always to be an object of legislative atten- Prenmhle.
tion ; and whereas, the establishment of a college in a central part of the
State, where all its youth may be educated, will highly promote the in-
struction, the good order and the harmony of the whole community :
L Be it therefore enacted, by the honorable the .Senate and the House of
Representatives, now met and sitting in General Assembly, and by the
404 STATUTE.^ AT LAKG E
A.[). I8;u. authurity of thu same, That his Excellency the Governor, liiis Honor the
^-^''~^''~^*^ Lieutenant Governor, the honorable the President of the Senate, and the
Trustees ap- Speaker of the House of Repiesentatives, the honorable the Associate
four"^ear7 J"dges of the Couitof Equity, shall be, ex-officio, together with General
• ■ ■ Charles C. Pinckney, H. W. Desaussnre, Thomas Taylor, the Reverend
D. E. Dunlap, the Reverend Mr. John Brown, of Lancaster, \\'ade Hamp-
ton, John Chesnnt, James B. Richardson, Dr. Isaac Alexander, Hcni v
J^ana Ward, the Rev. Samuel W. Yongue, William Falconer, and Burtlee
Smyth, be trustees, to continue in office for the term of four years from the '
passing of this Act, and at the expiration of the said four years, and eveiy
four years thereafter, the legislatuie to nominate thirteen trustees to suc-
ceed the said- thirteen persons above named, one body politic and corpo-
rate, in deed and in law, by the name of " The Trustees of the South
Carolina College;" and that by the said name they and their successors
.shall and may have perpetual succession, and be able and capable iii law
to have, receive, and enjoy, to them and their successors, lands, tenements
and hereditaments, of any kind or value, in fee, or for life or years, and
personal property of any kind whatsoever, and also all sums of money of
any amount whatsoever, which may be granted or bequeathed to them for
the purpose of building, erecting, endowing and supporting the said col-
lege in the town of Columbia.
IL jlrarZ Zie if («ffc(!(^ by the authority aforesaid, That there shall be a
Trustees 10 stated meeting of the said trustees on the first Wednesday in December
meot. in each year, during the session of the Legislature ; and that the presi-
dent of the said ct)llege, and four of the said trustees, shall have full power
to call occasional meetings of the board whenever it shall appear to them
necessary ; and thatat all stated meetings the president of the board (jf trus-
tees aforesaid and ten of the trustees shall be the number to constitute a
quorum, and to fill up, by ballot, any vacancies that may occur in the said
trustees, except tliose who are heieby declared to be trustees cx-officio ;
and the president and six of the other trustees shall be the number to con-
stitute an occasional meeting ; and the said trustees, or a quorum of them,
being regularly convened, shall be capable of doing or transacting all the
business and concerns of the said college ; but more particularly of elect-
ing all the customary and necessary officersof the said institution, of fixing
their several salaries, of removing any of them for neglect or misconduct
in office, of prescribing the course of studies to be pursued by the stu-
dents ; and, in general, of framing and enactmg all such ordmances and
by-laws as shall appear to them necessary for the good government of the
said college : Provided the same be not repugnant to the laws of this
State nor of the United Stales.
I II. And be it enacted by the authority aforesaid, That the head of the
'^'^''^ ^'"Jpo^^'said college shall be styled "The President," and the masters thereof
demand pro- 'shall be styled " The Professors ;" but professors, while they lemain such,
fessors. shall never be capable of holding the office of trustee; and the president
and professors, or a majority of them, shall be styled " The Faculty of the
College ;" which faculty shall have the power of enforcing the ordinances
and by-laws adopted by the trustees for the government of the pupils, by
rewarding or censuring them, and finally, by suspending such of them as,
after repeated admonitions, shall continue disobedient or lefractory, until
a determination of a quorum of trustees can be had; but that it shall be
only in the power of a quorum <if liustees, at their staled meeting, to ex-
pel any student of the said college.
IV. And he it enacted by the authority aforesaid. That the trustees of
the said college shall and may have a common seal for the business of
OF SOUTH CAHOLINA. 405
themselve-i and their successors, with liberty to change or alter the same, '^- "• '801.
from time to time, as they shall think proper ; and that, by their aforesaid "-^"v-^-'
name, they and their successors shall and may be able to irajdead and be I'owcrs of the
impleaded, answer and be answered unto, defend and be defended, in all '"'="'''^'
courts of law within this State : and to grant, bargain, sell or assign, any
lands, tenements, hereditaments, goods or chattels ; and to act and do all
things whatsoever, for the benefit of the said college, in as ample a manner
as any person or body politic or corporate can or may by law.
V. And be it enacted by the authority aforesaid, That the trustees of
the said college are hereby authorized and empowered to draw out of tiie Money appro-
treasury of this State the sum of fifty thousand dollars, to be appropriated f^'n'f-^ *?[
to the purpose of erecting a building of brick or stone, and covered with college,
tile or slate, suitable to the accommodation of the students of the said col-
lege, and suitable for fully carrying on the education of the said students,
and for the erection of such other buildings as may be necessary for the
use of the said college ; and that the comptroller be authorized and em-
powered, upon application of the said trustees, to pay over to said trustees
the sum of six thousand dollars, yearly and every year, to be appropriated
to the purpose of paying the salaries of the faculty of the said college, and
for the further support of the same ; and that the trustees of the said col-
lege shall be accountable for the proper appropriation of the said monies,
to the comptroller, who shall report thereon annually to the legislature.
VI. A.-'d be it enacted by the authority aforesaid. That this Act shall be ,^,.^
deemed a public Act, and as such shall be judicially taken notice of, with- public Act.
out special pleading, in all the courts of law or equity within this State.
VII. And be it further enacted, by the authority aforesaid. That the said
trustees, with the concurrence of the commissioners of Columbia, shall be Trustees to
empowered to make choice of any square or squares, yet unsold, in tliR or s^quares^iif
town of Columbia, for the purpose of erecting said college, and the build- Columbia.
ings attached thereto, having strict reference to every advantage and con-
venience necessary for such institution.
In the Senate, the nineteenth day of December, in the year of our Lord one thousand
eight hundred and one, and in the twenty si.xth year of the Independence of the
United States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speaker of the
House of Representatives.
AN ACT TO AUTHORIZE THE TREASURER TO DULIVER TO CERTAIN No. 1768.
PKRSONS, THEKUIN MiiNTIONKD, NEW InDENT.*, IN LIEU OF THE ORIGINAL
ONES WHICH H.AVE BEEN LOST.
I. Be it enacted, by the honorable the Senate and house of Representa-
tives, now met and sittirj j la G-eneral Assembly, and by the authority of jufients to be
the same. That the treasurer is hereby authorized to deliver to Edward delivered.
Denny, three general indents ; one number twelve hundred and sixty-six,
(No. 1266) for twenty-eight pounds, thirteen shillings and two pence half-
penny ; one other indent, number two thousand eight iiundred and seven,
(No. 2S07) for four pounds, five shillings and eight pence half-penny ; also
STATUTES AT LARGE
one other indent, number one huntlieJ and sixty-seven, (No. 167) for six
pounds, five shillings and eight pence half-penny ; also to William Means,
one indent number twelve hundred and ninety-four, (No. 1294) for fifty-
two pounds, two shillings and ten pence faithmg ; also to James Means,
one indent, numbei twelve hundred and ninety-five, (No. 1295) for eighty-
three pounds, eleven shillings and five pence ; also to George Story, one
indent, number thirteen hundred, (No. 1300) for the sum of fifty-two
pounds ; also one indent to Henry Story, number thirteen hundred and
one, (No. 1301) for ninety-three pounds, three shillings and six pence ;
also to James Story, one indent, number thirteen hundred and three (No.
1303) for twenty-two pounds, seventeen shillings and one penny ; and one
other indent, number two hundred and thirty-one, (Nu. 231) for eleven
pounds, fourteen shillings and three pence farthing ; also to Edward Arm-
strong, one indent, number two thousand seven hundred and twenty-two,
(No. 2722) for fifty-nine pounds, five shillings and eight pence half-penny ;
and one other indent, number two hundred and nineteen, (No. 219) for
twenty-one pounds, eight shillings and six pence three farthings; also
to Nicholas Harris, one indent, number two thousand eight hundred and
ninety-one, (No. 2891) for forty-one pounds, eleven shillings and five pence :
also to issue for the benefit of the legal representatives of the late Colonel
John James, one indent, number sixteen (No. 16) for the sum of one hun-
dred and forty-seven pounds ; and that the treasurer do allow the interest
due on the said indents, in lieu of indents of the above descriptions, which
are said to have been lost : Provided, that the persons above mentioned
shall, before they be permitted to receive such new indents, give bond and
good security to the treasurer, to be approved of by the comptroller, to
indemnify the State against any subsequent production of the original in-
dents, and any claim or claims which any person or persons whosoever
may have therein.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and one, and in the twenty-sixtli year of the Independence of
the United Slates of America.
JOHN WARD, President of the Senate.
THEODORE GAIL LARD, Speaker of the
House of Representatives.
No. 1769. AN ACT to establish the Roa<ls and Ferries therein mentioned.
(Passed December 19, ISOl. See last volume.)
No. 1770. AN ACT TO KSTABi.isn AN Inspection of Tobacco at or near the
MOUTH OF Little Rivek, in the District of Abbeville.
WHEREAS, it has been represented to the legislature by a number of
the inhabitants of Abbeville distiict, that it would be much to their conve-
nience that an inspection of tobacco should be established at or near the
mouth of Little river :
OF SOUTH CAROLINA. 407
I. Be it therefore enacted, hy l\\e honorable the Senate ami House of A. D. 1801.
Representatives, now met and sitting in General Assembly, and by the ^•^''^''^'^-^
authority of the same. That an inspection and warehouse, for the inspec-
tion and reception of tobacco, shall be established and erected on the lands '"^P™''°" ""<'
of Daniel Ramsay, near the mouth of Little river, in the distjict of Abbe- he erected on
ville, which shall be subject to all the rules, regulations, restrictions and Uaniel Ram-
conditions mentioned, set forth and expressed in and by an Act of the '"'-^ ^
Legislature of this State, entitled " An Act regulating the inspection and
exportation of tobacco," passed the thirteenth day of March, one thousand
seven hundred and eighty-nine.
n. And be it further enacted by the authority aforesaid, That John
Matteson, Daniel Ramsay, John Marties, Joseph Barksdale and Captain Commiseionera
Peter Merany be, and they are hereby appointed, commissioners to fix aPPO'n'<"l-
upon the most convenient place on the said land for the said inspection
and warehouse ; and the said commissioners, or a majority of them, shall
have the power to choose an inspector for the said inspection and ware-
house, and make such regulations for carrying into effect this Act, as they
or a majority of them shall deem necessary.
In the Senate House, the nineteenth day of December, in the year of our Lord one
thousand eiglit hundred and one, and in the twenty-sixth year of the Independence
of the United Slates of America.
JOHN WARD, President of the Senate.
THEODORE GAH.LARD, Sj>eaher of the
House of Representatives.
AN ACT TO ESTABLISH A CKRTAIN NEW DISTRICT THEREIN MENTIONKP. No. 177],
L Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of the Kmgston coun-
same. That Kingston county, comprehending its present limits, shall com- j^orry dfstrict
pose a new circuit court district, which shall be known and distinguished
by the name of Horry district, and shall be included in the eastern circuit.
II. And be it further enacted by the authority aforesaid. That a court
of general sessions and common pleas shall be holden at the court house. Time of hold-
which shall hereafter be built in and for the said district, on the twenty- '"^ '^°"'^'^"
second day of March and October, in each year ; and that it shall be the
duty of the attorney general to attend the said courts respectively, and pro-
secute such actions and indictments which may arise within the limits of
the said district, as he is now bound by law to prosecute in the other dis-
tricts in the eastern circuit; the said courts to sit for any term of time not
exceeding five days.
III. A7id be it further enacted by the authoiity aforesaid. That until a
new court house shall be built, the courts of general sessions and common
pleas shall be holden at Georgetown as heretofore.
I^'. And be it further enacted by the authority aforesaid. That John Gra-
ham, senior, Samuel Foxworth, William Williams, Thomas Livingston,
Robert Conway." William Hemmingway, William Verun, Thomas Fear- ^p°|;';^'^7""'
well and Samuel Floyd, be, and they are hei-eby appointed, commission-
ers ; and that the said commissioners, or a majorily of them, shall fix upon
B convenient place for erecting a court house and gaol for the said district.
408 STATUTES AT LARGE
A. U. 1801. and contract for the building the same, witliin the sum liereinafter men-
"-^'"^^"^'^ tioned.
V. And be it further enacted, by the authority aforesaid, That the name
of the village in the said district shall be changed from that of Kingston to
Convvayborough ; and all lots unsold, or liabk- to be escheated therein, be
sold by the commissioners aforesaid, and applied to the use of the poor of
the aforesaid Hony district; any law to the contrary notwithstanding.
VI. And be ilj'urthcr enacted by the authority albresaid, That the sum
of five thousand dollars be appropriated for building a gaol and court house
in Horrv district, and that the same be provided for in the tax bill.
lu llie Senate House, (he nineteenth day of December, in the year of our Lord one lliou-
sand eight hundred and one, and in the twcniy-si.xtli year of llie Independen'.L of
the United States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Spcal-er of the
House of Representatives.
No. 1772. AN ACT to EST.IBLISH the OFFICK of CoMPTIiOLl.EIl GKNliKAL; TO
P.JOVIDE FOR THE MORE PUNCTUAL COLLECTION OF TaXES AND DeBTS
DUE TO THE State; and for the better admimstration of the
Public Revenues.
WHEREAS, the revenue of this State hath in times past suffered con-
siderable derangement for want of an officer to superintend, regulate and
Preamble. co„trol the same, whereby very large sums of money have been lost to the
State, to the great diminution of the revenue, and inciease of the public
burthen ; to the end, therefore, the better to provide for the due collection
and more regular administration of the revenues of this State,
I. Be it enacted, by the honorable the StuBte and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same, That a comptroller of the treasury be, and he is hereby, appoint-
ed, whose duty it shall be to superintend, adjust and settle all the former
Comptroller accounts of the treasurers and tax collectors of this State, not already set-
his'dulies'de- ''^'^ "' adjusted ; to superintend the collection of the future reve.nue, and
fined. the settlement, adjustment and preservation of the public accounts ; to di-
rect and superintend prosecutions for all delinquencies of all officers here-
tofore or hereafter to he employed in the collection of the revenue, and
the enforcement of all or any executif>n or executions, is.-:ued or to be
issued, for arrearages of taxes, and suits for any debts which may be duo
to the State ; he shall decide on the official forms of all papers relative to
the collection of the public revenue, and shall determine on the proper
means to be adopted for the safe keeping thereof, and the manner and form
of keeping the accounts of persons em))loyed therein ; he shall prepare,
and report at every session of the legislature, estimates of the public reve-
nue and public expenditures; anil shall, at the same time, render fair and
accurate copies of all the treasurcrs's monthly reports, and a true and accu-
rate account of the actual stale of each department of the treasury : and
the books of the treasurers of this State shall, at all seasonable times, be
open to the inspection and examination of the said comptroller ; as shall
OF SOUTH CAROLINA. -lOg
also the books and accounts of all otlier person or persons concerned in the '*I'- 1*""'-
collection or safe keeping of any of the public monies or funds of this •~-^''^^~'^-'
State.
II. And he it further cfnactcd\yj the authority aforesaid, That the right
of imparlance, in suits which have been brought in behalf uf the State, or .
which shall or may be hereafter brought or prosecuted by the comptroller, parlance taken
by virtue of his office, against all or any person or persons who have ne- away,
glected to account for public monies received by them, or which may
hereafter be received by them, shall be, and the same is hereby, taken
away ; any law, or usage, or custom to the contrary, n >tvvithstanding.
III. And he it enacted by the authoiity aforesaid. That the said comp-
troller shall have, and he is hereby vested with, ftill power and authority, Comptroller
during the recess of the legislature, to suspend from office all and every ">»>" sHspend
tax collector who has been appointed since December, one thousand seven "",?^
hundred and ninety-one, or who sliall hereafter be appointed by the legis-
lature of this State, who shall \\-ilfully neglect or refuse to perform the
duties of his said office : Provided always, that such suspension shall be
previously approved of by his Excellency the Governor for the time being,
who shall be, and he is hereby, authorized to substitute and appoint a fit
and proper person or persons to execute the duties of the person or per-
sons so suspended during the recess of the legislature.
IV. And he it further enacted by the authority aforesaid, That from and
after the passing of this Act, it shall be the duty of the treasurers, and each Treasurers lo
of them is and they are hereby required, at the end of every month, to re- report their
port to the comptroller an accurate statement of the cash transactions ofj^j^^^g'^^g*^"
the treasury, of every description. And it shall be the duty of the said Comptroller,
comptroller, twice in every year, and at such other times as he shall deem
necessary, to examine the cash in the treasury at Charleston and Columbia.
He shall personally superintend, except in the event of his being sick and
thereby rendered unable to attend, the transfer of money and papers from
the office of the treasurers to their successors, and report to the legislature
thereon at their next session.
V. And he it further enacted by the authority aforesaid, That it shall be
the duty of the comptroller to draw either general or special warrants _ , n ,
upon the treasury, when he shall be thereto required, for all monies, of what- jraw \^arrant3.
ever amount, which by law are directed to be paid out of the treasury of
this State ; and that no sum shall be drawn out of the treasury but by
such general or special waiTants ; which warrants shall express on what
paiticular account such money is due by the State ; and the treasurers, af-
ter making a proper entry of each warrant, shall keep the same regularly
filed in their respective offices ; and it shall be the duty of the said comp-
troller to take a receipt and copy for every warrant so issued by him, and
to keep the same regularly filed or entered in his office.
VI. And be it further enacted by the authority aforesaid. That the trea-
surer, on receiving any monies from a tax collector, or any other person or Treasurer to
assessor of this State, shall give him therefor two receipts, one of which give two re-
it shall be the duty of the tax collector, or such other person, forthwith to <^e;pis to tax
^ -^ . 1 % 1 T ■ -^ 1 . , collectors.
transmit, in the satest and most expeditious manner, or by the post, to the
comptroller ; and in case any tax collector, or any other public officer, shall
refuse or neglect to do the same, he shall forfeit and pay a sum not exceed-
ing one hundred dollars, nor less than ten dollars, to be recovered by due
course of law.
VH. And be it further enacted by the authority aforesaid. That the said
comptroller shall perform the dutiesof the commissioner of public accounts
as heretofore performed by the treasurer at Charleston, besides the duties
VOL. v.— 52.
410 STATUTES AT LARGE
A.l>.lhtoi. aforesaid prescribed, aiiJ shall reside during the sitting of the legislature
^-'""^''"^'^ at Columbia.
VI It. And he itfurtlier enacted by the authority aforesaid, That the said
Shall com- comptrolUr shall be elected by both branches of the legislature of this
m.'ni-e hi« du- gt^tp^ shall be commissioned by the governor for the time being, shall com-
Aa.y of .March, mence the duties of his office from the first day of March then next ensuing
his election, and shall continue in office for two years from that time, and
receive for his services an annual salary of two thousand five hundred
dollars.
IX. A7id he it further enacted by the authority aforesaid. That all accounts
against the against the State shall be transmitted to one of the treasurers, who shall
State to be r^n- send them to the comptroller on or before the first day of October in every
d3red 111 bv the ygjjj. . ^^^ j^ shall be the duty of the comptroller to e.xaraine the said
October. accounts, and transmit them to the Legislature, with his report, as soon as
may be after the commencement of their session.
He shall do the -^- j4w(^ he it further enacted by tlie authority aforesaid, That the said
duties pre- comptroller shall not only perform all the duties prescribed by this Act,
and future '^ ^^^ ^^ other duties to be enjoined by any future Act of the Legislature of
Acts. this State.
XL And he it further enacted by the authority aforesaid. That the comp-
troller shall, befiirehe enter upon the duties of his office, give bond for the
Comptroller to faithful discharge of the duties thereof, with one or more securities, to be
approved of by the Governor for the time being, in the sum of thirty thou-
sand dollars.
XII. And he it further enacted by the authority aforesaid, That no for-
mer treasurer, whose accounts hath not been settled under the inspection
of the comptroller, shall be eligible to the office of comptroller.
XIII. And he itjurther enacted by the authonty aforesaid. That it shall
be the duty of the said comptroller to examine and compare the returns
exanfine" tax '"from the diffiirent parishes, counties and districts, and wherever he shall
returns. have reason, from such examination, to believe that the lands in any par-
ishes, counties or districts as aforesaid, aie not fully and fairly returned, he
shall immediately give notice thereof to the tax-collector of such parish,
county or district, and direct an immediate enquiry to be made therein ;
and in case it shall appear to him that the said tax collector hath beau
knowingly and wilfully concerned in the making a false return or return.s,
then the said comptroller shall proceed against such tax collector in the
manner the treasurers are directed to proceed against tax collectors in case
of their not returning to them just and true accounts of all monies received
by them, as directed by the first clause of the " Act declaiing the powers
and duties of the enquirers, assessors and collectors of taxes, and other
persons concerned therein," passed the twenty-seventh day of February, in
the year of our Lord one thousand seven hundred and eighty-eight.
XIV. A7id he it further enacted by the authority aforesaid. That the tax
collectors shall take the sheriffs receipt for such executions for taxes as
t(>*take°'h'erifl? t'^^Y "^^y have lodged with him ; which receipt they shall produce in set-
receipt for tax tlement with the treasurer; and it shall be the duty of the treasurer to
executions. tiansmit, without delay, to the comptroller, certified copies of all such re-
ceipts, to the end that he may be enabled to inspect the conduct of the
sheriff thereon.
,., XV. And he i<y«rtA<?r iwac^f J by the authority aforesaid, That- it shall
report to the be the duty of treasurer, in the monthly reports which he is required to
comptroller the iriake to the comptroller, to state the amount of every sum of money
r"ceived°and'* ' which he may receive or pay away in behalf of the State, particularizing
paid away, the person and his office of whom he receives and to whom he pays, as
OF SOUTH CAROLINA. 411
also on what account he has received, and for what purpose he has paid, A.D.lsoi.
such suras. ^..^''•v-^'*^
XVI. And be it further enacted by the authoritv aforesaid. That the , , . ,
I 11 11 ■ 1 1 111 ^11 a"tl to luniish
treasurers shall, at all times when thereto required by the comptroller, pi'o-j,j„, ^^it^, s[ate-
duce to him satisfactory statements of the cash in hand, and furnish him nientsoicash
promptly with official information, duly certified, relative to any inattei con- '° """'*•
nected with the revenue and finances of this State, within their respective
divisions or departments.
XVII. And be it further enacted by the authority aforesaid, That the Salaries to be
salaries of all the public officers on the civil list shall be paid quarterly, and l'""* quarterly,
not earlier.
XVIII. And be it further enacted by the authority aforesaid, That the
treasurers shall, severally, open an account in their books for every appro- „],euaicounts
priation of money made by the legislature, so that all payments made liy f<'r monies ap-
them under and in conformity to such appropriations, may appear clearly P"'''""''' '
specified and defined in their books.
XIX. And be it further enacted hy the authority aforesaid, That it shall
be the duty of the treasurers to report to the legislature at their annual ^^^^j j^^ ^.^j ^^
session every instance of default in the tax collectors of their respective the legislature
divisions, and to state particularly the means which they may have made ^'' ''''';'""'""
use of against such defaulters, so that the legislature may be fully informed
of any omission of duty, wheresoever and by whomsoever, in the punctual
and due collection of taxes ; and it shall be the indispensible duty of the
treasurers respectively to enforce all legal means against defaulting collec-
tors ; in failure whereof, they shall be lit Id to make good, respectively, any
loss which the State may sustain thereby, and be moreover liable to be
deemed guilty of a violation of their official duty.
XX. And whereas, it has been customary with the treasurers to keep
accounts cun-ent between their offices, for which at present there is no ne- Tn^p^TZ °°*
cessity, and from which embarrassments have arisen ; Therefore be it enac- counts current
ted by the authority aforesaid, that in future it shall not be lawful for them l>etween tlieir
to keep any such account, but each shall be separately liable and account-
able for the transactions in his office only.
XXI. And be it further enacted by the authority afi>resaid, That the
comptroller and treasurers, respectively, shall keep open and attend in Offices to be
their offices from nine o'clock in the morning until two in the afternoon, on cjj[I,\i]'o" '"'™
every day, (Sundays, the fourth of July, Christmas and the two next suc-
ceeding days, excepted.)
XXII. And be it further enacted by the authority aforesaid. That an
exact copy of any entry from the books of either of the treasurers, certified Copies of en-
by the comptroller, shall be received and admitted as evidence in any action treasury books
or suit already instituted or to be hereafter instituted in any court of law f" be evidence
or equity within this State, in as ample a manner as if the original books of'" '^''"'"'^"
the treasurers were produced.
XXIII. Whereas, in consequence of the purchase of stock to cover the
debts due to Struyckhuyser and Luxemburgh, an interest has already (-.„„p,i.pll^r ,o
arisen, and, previous to the said demands being called for, will hereaflei ac- purchase fund-
crue on the said stock; Be it therefore enacted by the authority aforesaid, ^"^ '''''"■
that it shall be the duty of the comptroller to invest the said interest mn-
ney now lying in the treasury, and what may hereafter arise on the said
stock, in the purchase of the funded debt of this Stale, or of tiie United
States, on the best terms in his power to procure the same, subject to the
provision of the law in relation to the principal of said debt.
XXIV. And be it further enacfedhy the authority aforesaid, That when-
ever the public exigency shall, in the opinion of the comptroller, &c. re-
412 STATUTES AT LAEGE
A.D. isoi. quire that any sum or sums of money which may be in the treasury in
^^"^"^^"^^^ Charleston shall be removed to the treasury in Columbia, or that any sum
Comptroller or sums of money which may be in the treasury in Colimibia should be
authorized to removed to the treasury in Charleston, that then, and in such case, the
from on™trea- comptroller of the revenue and finances of the State shall be, and he is
.suiytotlie hereby, authorized and lequired to cause a transfer or transportation and
other. removal of such sum or sums of money, to and from one treasury office
to the other, in such manner as he shall deem most proper and convenient,
and shall have power and authority to call upon his Excellency the C4ov-
ernor of the State for au order, and upon application the Governor is
required to grant an order, for an escort or guard sufficient for the safe
keeping and protecting, during the transporting, such sum or sums, to and
from one office of the treasury to the other.
In the Senate House, the nineteenth of December, in the year of our Lord one thou-
sand eight hundred and one, and in the twenty-sixth year of the Independence of tiie
United States of America.
JOHN WARD. President oj the Senate.
THEODORE GAIL LARD, Speaker of the
House of Representatives.
No. 1773, AN ACT to prevent Sheriffs from being proceeded against by
Attachment or uule of Court, after a certain time.
I. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same. That no sheriff shall hereafter be liable to be served with any
rule to shew cause, or attachment, at any time after two years from the ex-
piration of his office ; and all former sheriffs, after two years from the pas-
sing of this Act.
In the Senate House, tlie nineteenth day of Decemljor, in the year of our Lord one thou-
sand eight hundred and one, and in llie twenty-sixUi year of tlie Independence of the
United States of America.
JOHN WARD, President of the Setutle.
THEODORE GAILLARD, SpeaJcer of the
House of Representatives.
No. 1774. AN ACT to exonerate Clement C. Brown from the payment op
interest on a certain Bond therein mentioned.
1. Be it enacted, by the lionoiable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the
authority of the same, That Clement C. Brown be, and he is hereby, en-
tirely exonerated from the payment of the interest on a certain bond
OF SOUTH CAROLINA. 413
executed by the said Clement C. Brown to the treasurers of this State, for A.U. IROI.
the sum of one hundred and twenty pounds. \..^'~v^^y
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and one, and in the twenty-sixth year of the Independence of tlie
United States of America.
JOHN WARD, President of the Senate.
THEODORE GAIL LARD, Speaker of the
House of Representatives.
an act to grant further time for registering liquidated no. 1775,
Demands against the State.
WHEREAS, in and by an Act of the legislature entitled "An Act to
establish the office of comptroller of the revenue and finances of the State, p . ,
and for other purposes therein mentioned," it is, amongst other things, en-
acted, " That all persons having any legal demands against the State, who
shall neglect or refuse to deliver in and register the same, on or before the
first day of October, in the year of our Lord one thousand eight hundred
and one, shall, from and after that day, be for ever barred and excluded as
creditors of the State; and whereas, it is manifested by sundry petitions
presented to the legislature at the present session, that a rigid adherence to
the terms of the above mentioned Act would be highly injurious to many
of the bona fide creditors of this State, who from various causes have
omitted to register their claims within the time prescribed as aforesaid.
1. Be it therefore enacted, by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the au- j-^^^g extended
thority of the same. That the treasurers of Charleston and Columbia, for registering
under the direction of the comptroller, shall cause to be again opened, in c'aims against
their respective offices, the books formex'ly kept open by them for the re-
gistry of all legal debts due by the State ; which said books shall be kept
open for the sole purpose of enabling the holders of all evidences of the
liquidated debt of this State, ("not heretofore provided for, funded or regis-
tered,) to register the same: Provided, that such registry be made on
or before the first tlay of October next ; and that from and after that day,
all persons interested, who shall have neglected or refused to avail them-
selves of the advantages of this Act, shall be, from thence forth, for ever
barred and excluded as creditors of the State ; and that all claims so to be
registeied, shall be paid or provided for in like way and manner as the le-
gislature shall or may enact in relation to the present registered debt of the
State ; and that so much and such parts of the Act first recited, passed the
twenty-first day of December, one thousand seven hundred and ninety-
nine, as is repugnant to this law, be, and the same is hereby, lepealed.
[n the Senate House, the nineteentli day of December, in the year of our Lord one thou-
sand eight hundred and one, and in the twenty-sixth year of the Independence of the
United States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speaker of the
House of Representatives.
STATUTES AT LARGE
No. 1776. AN ACT to authorize Willtam Soranzo Quince to change his
PRESENT NAME TO THAT OF WiLLIAM SoRANZO Ha.SELL.
WHEREAS, William Soranzo Quince has petitioned the legislature
to change his present name to that of William Soranzo Hasell :
I. Be it therefore enacted, by the honorable the Senate and House of
vy o Q • , Representatives, now met and sitting in General Assembly, and by the
name chan'^ed. authority of the same. That the said William Soranzo Quince be, and he
is hereby, authorized to change his present name to that of William Soran-
zo Hasell ; and that he shall hereafter be known and distinguished in law,
and in all transactions in law, wherein he may be bound or obliged, or
wherein any person or persons may be bound or obliged to him, by no
other name than that of William Soranzo Hasell.
In the Senate House, the nineteenth day of December, in the year of our Lord one thousand
eight hundred and one, and in the twenty-sixth year of the Independence of the
United States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Sj^eaker of the
House of Representatives.
No. 1777. AN ACT to incorporate the Antipoedo Baptist Church, in the town
of Georgetown.
(Passed December 19, ISOl. See last volume.)
No. 1778. AN ACT to exonerate John Simpson prom the payment of a
CERTAIN OBLIGATORY WRITING, THEREIN MENTIONED.
WHEREAS, John Simpson, by his petition to the legislature hath
prayed to be released and exonerated from a certain obligatory writing,
Preamble, enteied into by him to Robert Dunlap, late county treasurer for Lancaster
county, to refund the value of a log court-house, as it stood at the date of
said writing, provided the same should be established by law ; and it ap-
pearing leasonable, just and equitable, that he, the said John Simpson,
should be exonerated therefrom :
L Be it therefore enacted, by the honorable the Senate and House
of Representatives, now met and sitting in General Assembly, and by
J. Simpson j]^g authority of the same. That he, the said JohnSiinpson, shall be, and he
is hereby, released and exonerated from the payment of the said obligatory
writing, or any part thereof. And the commissioneis of roads, or of the
OF SOUTH CAROLINA. 415
poor, (as the case may he,) for said district, are hereby directed to deliver A. D. 1801.
the above mentioned writing to the aforesaid John Simpson. v^^'v''^.^
In the Senate House, the nineteenth day of Decemher, in the year of our Lord one tliousand
Beven hundred and one, and in the twenty-sixth year of the Independence of the
United States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speaker of the
House of Rejiresentatives.
AN ACT TO BELIEVE Ralph Spence Philips from the penalties Nq. 1779.
OF THE Act entitled " An Act for disposing of certain Estates, and
banishing certain persons, therein inentioned"
WHEREAS, it appears that Ralph Spence Philips is the son of Major
Ralph Philips, and the residuary legatee and devisee of his estate, and
that the said Major Ralph Philips had his estate confiscated by the Legis- preamble,
lature of this State. And whereas, it appears that a tract of six hundred
acres of land on Savannah river, belonging to the said Major Ralph Philips,
was sold by the commissioners of confiscated estates to Messrs. Bourdeaux
and Newman, for ihe sum of two thousand two hundred and fifty pounds,
in indents, still unpaid ; and also two tracts of fifty acres each, adjoining
the old district of Ninety-six, were sold by the said commissioners to John
Sharps, for the sum of one hundred and ten pounds, in indents, which have
been paid :
I. -Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That the comptroller of this State is hereby directed nroperty of
to transfer and deliver up to the said Ralph Spence Philips the bond and R. Philips
mortgage of the said Iract of six hundred acres of land on Savannah river, "'"^'"''^
made and entered into by the said Bourdeaux and Newman, to be dis-
posed of as he, the said Ralph Spence Philips, shall think proper.
n. Be it further enacted by the authority aforesaid. That the trea-
surer at Charleston be directed to issue a certificate to the said Ralph
Spence Philips for the fifth part of one hundred and ten pounds, and that
the said treasurer be directed to register the same in the manner pre-
scribed by law.
III. And be it enacted by the authority aforesaid. That the said Act en-
titled " An Act for disposing of certain estates, and banishing certain per-
sons, therein mentioned," so far as the same relates to the said Major Ralph
Philips and his heirs and assigns, shall be, and the same is hereby,
repealed.
In the Senate House, the nineteenth day of December, in the year of our Lord one thousand
eight hundred and one, and in the twenty-sixth year of the Independence of the
United States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speaker of the
House of Representatives.
Terms of ad-
mission to the
bar aUered.
STATUTES AT LARGE
No. 1780. AN ACT to amend an Act entitled '^ An Act for rcgnlat'mg the ad-
mission of Aitnrnies and Solicitors to practice in the Courts of this State."
WHEREAS, it hath been represented that many of the youth of this
State have been sent by their parents or guardians into our sister States,
Preamble, there to be instructed in the science of the law ; and whereas, by the ex-
isting laws of this State the said persons, though otherwise fully qualified
to practice in our courts, are restricted fiom such privilege :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au-
thority of the same, That every person, being a citizen of this State, who
hath been or hereafter shall or may be sent by his parents or guardians
into any of our sister States, there to be instructed in the science of
the law, and who shall or may serve a regular clerkship, or read law in the
office or under the immediate direction or instruction of any practising
attorney in any of the superior courts of law or equity of any of our sister
States, for and during the term of four years, or for the said terra of four
years partly in any of our sister States and partly in this State, on their re-
spectively undergoing an examination to the satisfaction of the judges of
the respective courts of law and equity in this State, in the manner provi-
ded in and by the Act hereby intended to be amended, passed the nine-
teenth day of December, in the year of our Lord one thousand seven
hundred and ninety-six, shall be, and they are hereby declared, fit and
competent to be admitted to the bar of this State ; and shall, upon applica-
tion, be admitted and enrolled in the usual form ; any thing in the said Act
hereby intended to be amended, to the contrary notwithstanding. Provi-
ded always nevertheless, that all poisons claiming to be admitted under
the authority of this Act, to the bar of this State as aforesaid, shall, respec-
tively, prefer with their petitions for admission a certificate under the
hand of some practising attorney, in whose office or under whose direc-
tion and instruction the applicant may have studied law, certifying the
actual and precise time during which the said applicant may have so read
law under his direction ; and also a certificate under the hand of the clerks
and the seals of the superior courts of law and equity in the State in which
the said practising attorney may reside, accrediting his certificate as afore-
said, and specially certifying that the said attorney is a practitioner in the
courts of law and equity in the State in which such certificate shall or may
be granted or obtained.
In the Senate House, the nineteenth day of December, in the year of our Lord one thousand
eight hundred and one, and in the twenty-sixth year of the Independence of the
United States of America.
JOHN WARD, Presidetit of the Senate.
THEODORE GAILLARD, Sjieaher of the
House of Representatives
No 1781. AN ACT to authorize certain persons therein mentioned lo bring cer-
tain Negro Slaves into the State.
(Passed December 19, 1801. Sec last volume.)
OF SOUTH CAROLINA.
AN ACT FOR THE ESTABLISHMKNT OF A ToBACCO InSPUCTIOX, AND No. I'/S'^.
Wakehouse or Wakehouses, in the Town of Dorchester, Saint
George's Parish.
WHEREAS, it has been represented to the Legislature that it would
be for the advantage of the State at large that an inspection of tobacco be
established in the town of Dorchester, St. George's parish :
1. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the A tobacco in-
authority of the same, That an inspection, and warehouse or warehouses, [1^^^^^°"^*°^)'^^ '
for the inspection and reception of tobacco, shall be established and erec- lown of Doi-
ted in the said town of Dorchester, St. George's parish, which shall be '^'"^■°'^'''
subject to all regulations, restrictions and conditions, mentioned, set forth
and expressed in and by an Act of the Legislature of this State entitled
"An Act for regulating the inspection and exportation of tobacco," passed
the thirteenth day of March, one thousand seven hundred and eighty-nine.
II. And he it further enacted by the authority aforesaid, Tliat Major
Isaac Walter, Captain William Rouse, John Carr, James R. Stewart and*-"™™'** j""^"
Samuel Prior, be, and they are hereby appointed, commissioners, to fix
upon the most convenient place in the said town of Dorchester, for the
said inspection and warehouse or warehouses, and to make such regula-
tions for carrying into effect this Act, as they, or a majority of them, shall
deem necessary.
Tn tlie Senate House, the nineteenth day of December, in the year of our Lord one
tiiousand eight hundred and one, and in the twenty-sixth year of the Independence
of tlie United States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, S/^raAcr of the
House of Representatives.
AN ACT to appoint Coinmissioners to assess such parts of a lot of No. 17S3.
land in Charleston, as are necessary to widen East Bay Street, and
to permit the City Council to enjoy the same as a public street, on
the payment of the sum assessed as its value.
(Passed December 19, 1801. See hist r.olumc.)
AN ACT TO RAisn SUPPLIES and To make appropriations for the year No. 1784.
ONE THOUSAND EIGHT HUNDRED AND ONE ; AND FOR OTHER PURPOSES
THEREIN MENTIONED.
I. Be it enacted, by the honorable the Senate and the House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same. That a tax, for the sums and in the manner hereinafter men-
VOL. v.— 53.
on lands
413 STATUTES AT I.AIK^E
A.It i;ioi. tioiieil, shall bo raised, and paid into the public lieasury of this Slate for
^■"^"^^"^"^ the use avid service thereof.
II. And he it further ennetcd by the authority aforesaid, That iwriity-
Riiteoitiixuiiou five cents per centum ad valorem be paid in specie or paper medi-
um on all lands granted within this State, under the .several regulations
heieinafter expressed, that is to say : Class No. 1 shall contain all tide
swamp of the first qiiality, not generally affected by the salts or freshes,
which shall be rated at twenty-six dollars per acre ; all tide swamp of the
second quality, not generally affected by the salts or freshes, which shall be
rated at seventeen dollars per acre; all tide swamp of the third quality,
not generally affected by the salts or freshes, which shall be rated at eight
and a half dollars per acre ; all pine barren lands adjoining such swamps, or
contiguous thereto with respect to the benefit of water can'iage, which shall
be rated at two dollars per acre ; all prime inland swamp, cultivated and
uncultivitcd, which shall be rated at an average of thirteen dollars per
acre ; all inland swamp of the second i|uality, which shall be rated at eight
and a half dollars per acre ; all inland swainp of the third quality, which
shall be rated at four dollars per acre; pine barren land, adjoining or
contiguous thereto, which shall be rated at one dollar per acre ; and all
salt marsh, or inland swamp, clearly proved to the collectors to be incapa-
ble of immediate cultivation, which shall be rated at one dollar per acre.
Class No. 2 shall comprehend all high river swamps and low grounds,
cultivated and uncultivated, including such as are commonly called seci>nd
low grounds, lying above the flowing of the tides, and as high up the coun-
try as Snow Hill on Savannah river, and the fork of Broad and Saluda rivers
on the Congaree, Graves's Ford on the Wateree, and the boundary line on
Pedce ; the first quality to be rated at thirteen dollars per acre ; the second
quality at eight and a half dollars per acre ; and the thir<l quality at four
dollars per acre ; excepting such as may be clearly proved to the collec-
tors to be incapable of immediate cultivation, which shall be assessed at
one d<jllar per acre. Class No. 3 shall comprehend all high river swamp
and low grounds, lying above Snow Hill, the fork of Broad and Saluda riv-
ers, Graves's Ford, on the Wateree river, and the old Indian boundary line,
which shall be lated at three dollars j)er acre. Class No. 4 shall comprehend
all high lands without the limits of St. Philip's and St. Michael's parishes,
within twenty miles of Charleston, and on John's Island and James's
Lsland, which shall be rated at four dollars per acre. Class No. ^
shall comprehend all lands on the Sea islands, (Slann's island included,)
or lying on or contiguous to the seashore, tisually cultivated, or capable of
cultivation, in corn, cotton or indigo, not within the limits prescribed in class
No. 4, which shall be rated at four dollars per acre. Class No. 6 shall com-
prehend all oak and hickory high lands lying below Snow Hill and the fork
of Broad and Saluda rivers, Graves's Ford, and the new boundary line on
Pedee, and not included in the limits or descrij)tion of the two next preced-
ing classes, numbers 4 and 5, which shall be rated at three dollars per acre.
Class No. 7 shall include all pine barren lands not included in the classes
numbered 1, 4 and 5, which shall be rated at twenty cents per acre. Class
No. i^ shall comprehend all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first
quality of which shall be rated at one and a half dollars per acre ; the
second quality, at one dollar per acre; and the third quality at forty
cents per acre. Class No. 9 shall comprehend all oak and hickory high
lands above the old Indian boundary line, the first (juality of which shall
be rated at one dollar and twenty cents per acre ; the second quality, at
sixty cCTits per acre ; and the third quality, at twenty cents per acre. Cla.ss
OF SOUTH CAROLINA. 4 1 'J
Nu. 10 shall iiicliRle all laiuls within the parishes nf St. Phihjj's aiiJ '\l>l"i"
St. Michael's, whicli shallhe assessed in the same manner anil upon the same ^-^""^^""^-^
])rinciples as houses and lots in Charleston, and in a relative pnjporti(jn to
lands iu the country.
III. And be it farther enacted hy the authority aforesaid, That fifty
cents per head shall he levied upon all slaves ; the sum of two dollars per riute of uixin"-
head on all free negroes, mulattoes, and mestizoes, between the ages of slaves, iVc.
sixteen and fifty years; and twenty-five cents ad valorum on every hun-
dred dollars of the value of all lands, lots and buildings within any city,
village, or borough ; and fifty cents per centum on all stock in trade, fac-
torage, employments, faculties and professions, (clergymen, schoolmasters,
schoolmistresses and mechanics excepted,) — to be ascertained and rated
by the assessors and collectors throughout the State, according to the best
of their knowledge and information ; to be paid in specie or ])aper medium.
IV. And be it further enacted, by the authority aforesaid. That all negroes
and other slaves who are employed on any lands leased by any person oj- fc>'aves employ-
persons of the Catawba Indians, shall be, and they are hereby made, lia- lands.
l)le to the payment of this tax. But notliing in this Act contained shall be
construed to impose any tax upon the property or the estate of any religious
society, or the South Carolina Society, the Winyaw Indigo Society, or the
Fellowship Society, or of the estate of the late Doctor De la Howe, devi-
sed for charitable purposes, and that pait of the estate of the late Thomas Exceptions.
Wadsworth which was devised for the establishment of a school, or the
Clarendon High Hills of Santee, or Camden Orphan Societies, or the
Columbia Academy, or the lands and funds owned by the Free School of
Dorchester, or the public lands held by the corporation of Charleston, or
the lands and funds of any society applicable to the education or mainte-
nance of public schools.
V. And, be it further enacted by the authority aforesaid. That every per-
son entitled to any taxable property or estate in this State, who resides '^''^''""'''sdou-
withont the limits of the United States, shall, for the use of this State, pay "''" "'^^'*"
a double tax on the same. But this clause shall not be construed to extend
to the ]iroperty of any person sent, or hereafter to be sent, abroad in the
employment of this State or of the United States, until one year after the
expiration or determination of his commission ; or to the properly of any
youug man sent abroad for his education, until he attains the age of twen-
ty-three years ; or the property of any person now absent from the United
States, unless such person has been absent for one year.
VI. And be it further enacted by the authoiity aforesaid. That the enqui-
rers, assessors and collectors appointed by law shall do and perform all and ^"^^'^ an^
singular the duties of their offices, according to the Act entitled " An Act of Tq^ufrers""
for declaring the powers and duties of the enquirers, assessors and collec- assessors, &c.
tors of the taxes, and other persons concerned therein ;" and that on closing
their accounts with the treasury, and not before, they sliall receive seven
and a half per centum on the amount collected, excepting the collectors of
St. Philip's and St. Michael's parishes, who shall receive in like manner
three and an half per centum.
VII. And be it further enacted by the authority aforesaid. That the asses-
sors, collectors and enquirers, respectively, shall begin their enquiry on the Returns of
first day of February next ; and where all the collectors who were ap- '"'''"er taxes
pointed for any parish or county are dead, and the tax returns are not closed '" ^ '"aae-
with the coinmissioners of the treasury, the collector who shall be thereafter
appointed is hereby directed and ordered to demand receipts or admin-
ister an oath, or to procure other satisfactory proof from the inhabitants of
the county or parish, in order to ascertain whose taxes might be still due,
420 STATUTES AT LARGE
A. D. 1801. jiijii ii, enable the public to discover what sums of" money might be due by
'^■^'"^'"^^ the deceased tax collectors ; and if any of the executors or administrators
of any deceased tax collector neglect or refuse to produce the accounts of
the deceased, or give all the information in their power on the subject,
the treasurer is hereby ordered to proceed according to law against the
estates of the deceased tax collectors.
Vlll. And be it further enacted by the authority aforesaid, That the tax col-
Wh;u shall lie ]p(.^,j,,g throughout the State shall receive no payment of taxes but in gold
taxes. or silver coin made current in this State, the paper medium issued under
the authority of the Legislature, bank jiaper redeemable in the first in-
stance in gold or silver at the bank of the Unived States, the branch
thereof in Charleston, or the bank of South Carolina, or the State Bank, or
certain certificates for the pay of the members of the Legislature, or the
Solicitors, for their attendance in the Legislature.
IX. A/ul be it further enacted by the authority aforesaid, That all
mem of 'taxes persons liable to pay the taxes hereby imposed, shall, on or before the
first day of iSIarch next, give in a true and just return of all slaves, and
of the quality and quantity of lands, as directed and required by this
Act, which they may hold or be entitled unto, in his, her or their own
right, or in the right of any person or persons whomsoever, either as
guardian, trustee, attorney, agent, executor, administrator, or otherwise
howsoever; and shall, on or before the first day of May next, pay
their taxes to the collector of that collection district where the party
making such return, either by himself or his or her family, may reside the
greater part of the year. And that the said assessors and collectors shall
"pay the same, and settle their accounts with the treasury, on the first day
of July next.
X. And whereas, tracts of land within this State have been sold in
Land owned by some of the United State-s and foreign countries, and tlie owners there-
the'state""""'^ of are supposed at present to pay no tax whatever; Be it therefore
enacted by the authority aforesaid, That it shall be the duty of, and it is here
by enjoined on, all tax collectors to enquire for all such land, and collect
tax and arrears of taxes thereon ; and if the taxes thereon and thearreaisof
taxes thereon siiall not be paid at or before the time hereinbefore appoint-
ed for the payment of the general tax, then the tax collectors, after giving
twelve months notice in the State CTazette, shall proceed to sell the same,
or so much thereof as will be sufficient to pay the taxes and the arrears of
taxes and the costs incurred, of those who make default in paying their
ta.xes.
XL Aitd be it farther enacted' by the authority aforesaid, That the
Comptroller lie, and he is hereby, authorized and required publicly to
call on the commissioners in the several districts throughout the State
who have received monies for the construction and repairs of public build-
ings, and the commissioners of Columbia, to render an account to him of the
application of such monies, which accounts shall be laid before the legisla-
ture, at the next session.
XIL And he it further enacted hy the authority aforesaid, That the trea-
All payments surers shall not hereafter draw any order or check, or make any draft
toheatihe ^^ ^^y (^jj collector in this State, in favor of any person having any
claim or demand on the treasury of this State ; nor shall the treasurers
make payment to any person having any claim against the State, even though
allowed by law or provided for by the Legislature, but at the treasury of-
fice at Charleston or Culumbia, except as is provided in the Act entitled
" An Act to authorize the treasurers to pay certain persons therein men-
tioned their annuities, and regulating payment to annuitants," And no
OF SOUTH CAROLINA. 421
tax collector shall receive or take in payment of taxes due by any person A. D. 1801.
any order, draft or check of either of the treasurers. v-^'-v~^w
XIII. And be it farther enacted by the authority aforesaid, That the
treasurers in Charleston and Columbia shall procure to be printed so ^^ j,g furnished,
many blank tax returns adapted to the nature of the taxes which the
legislature shall from time to time impose, as will be necessary under this
Act ; and the said treasurers shall furnish each tax collector in their
divisions respectively with so many of the said blanks as will enable him to
perform the duties required by this Act. And each and every tax col-
lector shall, and he is hereby authorized and required to, demand and take
from each and every person making a tax return, two copies of such return,
signed and sworn to as the law directs, to be made out on the said blanks,
of all the property owned by him, her or them, on the first day of October
last.
XIV. And he it fiirtlter (nactedhy ihe ?ui\hor\\.y <i.?oYeia\A, That it shall „ . ,
be the duty of each and every tax collector throughout the State to makeeial tax to be
out a duplicate of the general return which he is by law directed to make maile to the
to the treasurer, and to inclose the same, together with the duplicate of the "
tax returns by this Act directed to be taken from the individuals of their re-
spective counties, parishes and districts, in a packet directed to the comptrol-
ler and sealed up ; which packet each and every tax collector is hereby re-
quired to transmit to the treasurers I'espectively, on or before the first day
of October, in each and every year, to the intent that by the due examina-
tion thereof by the comptroller, any improper conduct in the tax collectors
may be detected. And should any of the tax collectors aforesaid fail to
perform the duties required by this and the next preceding clause, he shall
forfeit and pay the sum of one hundred dollars, to be recovered of him by
any person sueing for the same in any court having competent jurisdiction.
XV. And be. it further enacted by the authority aforesaid, That it shall
be the duty of the treasurers to report to the house at their annual P'^,'^"'""'^'''?^
•' . ,- n ^ , • ^ „ • 1 • T ■ • to he proceeded
session every instance oi default m any tax collector in his division, against.
and to instruct the attorney general or solicitors respectively, to prose-
cute such defaulters, as soon as any instance of default shall occur. And
it shall be the duty of the said treasurers respectively, strictly to en-
force the means which they are by law authorized to make use of, to
compel the tax collectors to the due performance of their duties ; and in
case any treasurer shall fail to make use of such means, he shall be held
to make good any loss which the State shall sustain thereby.
XVI. And be itfurtlier enacted by the authority aforesaid. That it shall be
the duty of every tax collector in this State when he makes his general re- property not
turn of taxes, to annex thereto a list of all the taxable property in his district returned,
which has come to his knowledge, and is not returned to him, describing
such propertyin the most particularmannerliecan, and annexingthereto the
name or names of the owner or reputed owner or owners of such property.
XVII. And be it further enacted by the authority aforesaid. That any
person who shall make any return of any taxable property to any of the
tax collectors of this State, shall specify in such return not only the parish
or district in which the lands returned are situated, but also the parish or
district in which any slaves returned are employed or reside.
XVIII. And be it further enacted by the authoiity aforesaid. That the tax
collectors of St. Philip's and St. Michael's, in Charleston, shall, monthly, In Charleston,
and on the fiist Monday in every month, from and after the first day of ujade'monthfv
March next, upon oath, make due and true returns of all monies which
shall have been received by them during the preceding month.
XIX. And be it further enacted by the authority aforesaid, That if any
422 STATUTES AT LARGE
A.l>. 1"01. tax collector or collectors sli all make any distinction or tli.scrimination of
^~-'^~v'^-^ persons in issuins; executions, the taxes of such person (in addition to the
lien which the State has on the property of sucli person,) shall be considered
to'make no'd'ia- ^^ thereby assumed by snch tax collector or collectors ; and the, treasurers at
crimination. Charleston and Columbia are directed and enjoined, in their different depart-
ments, to debet such tax collector or collectoi's, so misbehaving, with all such
ari'earages of tax, and to issue executions therefor immediately against each
andevery ofthem,andtolodge such executions with the sherift'ofthe district
in which such collector or collectors reside and shall have property. And
if any sheriff or sheriffs, in whose hands such execution shall be lodged,
shall make any distinction or discrimination of persons, in levying the said
execution, or shall retain the same for a longer time than two months,
without making a return of the same, he is hereby made chargeable wuh
the said execution, in addition to the liability of the collectors and individ-
uals so originally in arrear for taxes as aforesaid.
XX. And he it further enacted by the authoi'ity aforesaid. That no per-
Tuxesto bedis-son holding any ofKce of profit under this State, or having any denianil
counted from against the State, shall be entitled to receive any suin of money which
State. may be due to him from the State until his taxes are first paid and satis-
fied ; and the treasurers are hereby positively directed, before they shall
pay to any person holding any office of profit or having such demand,
the sum that may be due to him, to require of him a leceipt from tlie
tax collector where such person resides or ought to pay his tax, stating
that his taxes are paid and satisfied. And upon neglect or refusal of
any person holding such office or having such demand, to produce such
receipt, the treasurers are hereby directed not to pay such person the sum
or sums of money which may be duetohini, until satisfactory proof is madeto
them that such taxes havebeenpaid, ovthepartiesagreetodiscountthesarac.
And if the treasurer should pay to any person holding any office of profit or
having any demand as aforesaid, any sum which may be due to him, without
having such receipt produced or discount made as above required, he is
hereby declared to be liable for all losses which may arise to the State
therefrom.
XXI. And he it further enacted by the authority aforesaid, That the
Time of pay- instalments on the paper medium which shall be due on the first Wednes-
mentof the pa- , -Ari in i •! i -i t ii ,*
per medium, day in March next, shall not be required to be paid as directed by the Act
entitled " An Act for raising supplies for the year one thousand seven
hundred and ninety-four," but shall be paid on the first Wednesday in
March, which will be in the year of our Lord one thousand eight hundred
and seven. Provided, that no person shall be entitled to the benefit
of this clause who shall not give additional security, if required, to the
treasurer at Charleston, in all cases where he is not fully satisfied of the
sufficiency of the former security, and iu all cases where default has been
made in paying what has heretofore been due, or which may be made in
paying the interest to grow due on the first day in March next.
XXIL And heitfurther enacted by the authority aforesaid, Thatthetax col-
Ponr tajL. lectors throughout the State, in their several parishes and election districts,
shall be, and they are hereby, authorized and required to collect the poor
tax in the several parishes and election districts ; and they shall be allow-
ed the usual commissions for so doing.
XXllL And he it further enacted by the authority aforesaid, That the
Mutilated pa- mutilated paper medium bills now lying in the treasury in ('harleston, to
per medium [j^g amount of fifteen thousand five hundred and sixty-five dollars seventy-
liurnt. three cents, be burnt and destroyed ; and that it shall be the duty of the
treasurer in Charleston, some time befoi c the meeting of the ensuing legis-
OF SOUTH CAROLINA. 423
lature, in the presence of tlie comptroller and a majority of the standing A. 1). 1801.
committee of the legislature, to burn and destroy the said mutilated bills, to '--^'"^»'"^~'
the amount before specified.
XXIV. Andbe it further enacted hy the authority aforesaid. That the com-
missioner* of the treasury shall be, and they are hereby, required to furnish Co|)ies of this
copies of this Act to each of the collectors appointed by law throughout A"^[ '° ''"^ '"'"
this State, within one month after passing this Act, and their reason-
able expenses occasioned thereby shall be reimbursed.
XXV. And be it Jurther enacted hy the nuthority ai'oresead, That the pay
hereinafter to be provided for the support and maintenance of the ™aga- ^^^^.j^'"®
zme guard, shall be restricted to that of an officer, a sergeant, and six men;
and that the sum of two thousand and two hundred dollars be appropriated
for the payment of the said guard, under the direction of the comptroller.
XXVI. And be it further enacted by the authority aforesaid. That no
pei'son or company shall, on any pretence whatsoever, issue or re-issue any ^° banking to
note or notes in the nature of bank notes, or otherwise, on the credit of (i,g pape,. ,„e.
the paper medium of the State ; and such notes aforesaid as shall be in Jinni.
circulation, bottomed on the paper medium, shall be immediately called
in; and the treasurers and tax collectors are hereby forbidden, under the
penalty of losing their offices and forfeiting theSura of one thousand dollars,
from receiving such notes as are hereby forbidden, in payment of taxes or
duties; and every bank, and persons associated for banking, issinng or re-
issuing such notes, shall forfeit and pay the sum of ten thousand dollars,
which shall be recovered by action in any of the courts of law in this State.
And that it shall be the duty of the comptroller to enquire into and exam-
ine whether such notes are in circulation, and give information accordingly
to the attorney general, whose duty it shall be to bring suit or suits accord-
i''giy;
XX VII. Andbe it further ew«cfe(^ by the authority aforesaid, That all the
public arms which now are or hereafter may be purchased on behalf of this Pulilic aims to
State, shall, by order of his Excellency the Governor, be equally distribu-
ted among the several brigades of militia of this State ; and that the
several and respective brigadier generals shall and may allow the said
arms to be sold for costs and charges among the men of his brigade, and
cause the money arising from such sale to be paid into the public treasury,
to be appropriated for the purchase of other arms, to be distributed in
manner aforesaid : Provided nevertheless, that no one man shall be per-
mitted to purchase more than what shall be sufficient to arm himself of
the arms aforesaid.
XXVIII. Whereas, there are many wealthy citizens of this State who
derive very considerable I'evenues from monies which produce an interest. Tax on money
and who do not contribute a due proportion to the public exigencies of the
same ; -Be it therefore enacted by the authority aforesaid, that each and
every enquirer, assessor and collector .shall, on their enquiry for their
returns of the taxes of this State for the year one thousand eight hundred
and one, administer the following oath to all such persons as may be liable
to pay the same, viz: "I, A. B., do solemnly swear for affirm, as the case
may be,) that the account which I now give in is a just and true account
of the quantity and quality of the lands, and the number of slaves, and
the sum or sums of money which have produced me an interest since the
first day of October, one thousand eight hundred and one, in any man-
ner whatsoever, which I am possessed of, interested in, or entitled to,
either in my own right or in the right of any other person whomsoever,
either as guardian, executor, agent, attorney, trustee, or in any man-
ner whatsoever, according to the best of my knowledge or belief; and
424 STATUTES AT LARGE
A. D 1801. that 1 will give a just and true answer, according to the best of my knowl-
^-^'"^^'^^^ edge, to all such questions as shall be asked me touching the same ; and
this I swear without any kind of equivocation or mental reservation whatso-
ever, so help me God :" and upon every sum or sums of money at interest
actually received, over and above what each person pays on account of
interest, except where such interest money is received by any widow,
orphan or unmarried woman, having no other means of livelihood, the said
assessor, enquirer or collector, or enquirers, assessors or collectors, to whom
the same shall be returned, shall assess the sum of twenty-five cents on
every hundred dollars which shall have produced an interest of seven per
cent., and a proportional sum on all other sums of money drawing less
than seven per cent., to be recovered in like manner, in case of default, as
the collectors are authorized by law heretofore to do on their returns of
lands and slaves.
XXIX. And be it further enacted by the authority aforesaid. That
Penalty. jn case any person or persons shall neglect to make a return of his, her
or their monies producing interest as aforesaid, they shall be liable to
suffer the same forfeitures and pay the same penalties as are authorized by
law in case of their refusing or neglecting to make return of his, her, or
their lands or slaves.
XXX. And be it further enacted by the authority aforesaid, That the
Sheriffs to col- several and respective tax collectors in this State shall place their warrants
lect tax execu- j^ggjjjg). ^^^ person or persons who shall make default of payment of their
taxes, for collection in the hands of the sheriff's of the districts respectively,
and in the hands of no other person or persons whomsoever; and the sheriffs
shall be entitled on the service of such warrants to the usual mileage on
the service of executions.
XXXI. And he it further enacted- by the authority aforesaid. That the tax
collectois shall take the sheriff's receipt for such executions as shall have
been issued for taxes, which they shall respectively produce in set-
tlement with the treasurer. And it shall be the duty of the treasurer to
transmit to the comptroller, without delay, a certified copy of all such
receipts, to the end that the comptroller may be enabled to inspect the con-
duct of the sheriffs therein.
XXXII. And whereas, sundry borrowers of the paper medium loan have
Land bought in not paid the interest due on the sums borrowed by them, and sales have been
by the State to j^^gjg of the lands mortgaged to secure said loan, and the treasurers have
bought in the said lands for defect of bidders, and the same remain on the
hands of the State, unproductive; jBe it therefore enacted by the authority
aforesaid. That the treasurer shall be, and is hereby, authorized and direct-
ed to cause all the lands bought in as aforesaid to be put up to sale, in the
districts in which they severally lie, by the sheriffs of the said districts, on
a public sale day, after giving three months notice thereof, and shall sell
the same to the highest bidder ; and such purchaser shall pay one fourth
part of the purchase money in cash, at the time of the sale, and the remaining
three fourths in one and two years ; for the performance of which he shall
give his bond and inortgage of the premises, and also personal security,
to be approved of by the sheriff' and three coinmissioners residing in such
district, to be nominated by the treasurer. Provided, that no sale of the
said mortgaged lands shall take place when any person interested in the
same shall tender one third part of the sum due, together with the expen-
ses incurred, and give bond, mortgage and security, as is herein before
directed, for the balance due, payable in one and two years, previous to
the day of sale ; and that the said mortgaged property shall thereupon
vest in the party so paying and giving security as aforesaid.
OF SOUTH CAROLINA. 1^5
XXXIII. And whereas, many tracts of land wliich aie under mortgage A.l). isol.
to the State, will shortly be brought to sale ; to prevent their being sold ^-*''^^'"'*^
at prices beneath their value, Be it enacted by the authority aforesaid, that .
the comptroller is hereby authorized and required to p-jt up for sale, in ia„j^ l,ow to be
the districts where they respectively lie, by the sheiiffs of the said districts sold.
on a public sale day, after three months publicnotice thereof; and the same
shall be sold to the highest bidder under the direction of commissioners
to be appointed by the comptroller, and approved of by the Governor or
commander-in-chief for the time being ; and the comptroller shall furnish
the commissioners aforesaid with the amount of deiits for which the said
lands are mortgaged ; and it shall and may be lawful for the said commis-
sioners to cause to be bid in, on account of the State, any of those lands
which may not be bid up to the amount of the debt for which they may have
been mortgaged, or which they may think have not been bid to their value;
provided, that in no case shall the commissioneis aforesaid be authorized to
bid any such lands, on account of the State, to an amount greater than the
debt for which they may have been mortgaged, with int. test calculated
thereon.
XXXIV. And he it enacted by the authority aforesaid. That it shall
be the duty of the treasurer, in the monthly reports which he is required Monilily re-
to make to the comptroller, to state the amount of all sums of money which P'"'^-
he shall or may receive or pay away on behalf of the State, particu-
larizing the person and his office of whom he receives and to whom he
pays, as well as on what account he has received, and for what purposes
he has paid, such sums.
XXXV. And be it further enacted by the authority afoi'esaid. That it
shall bathe duty of the treasurers, at any time when requiied by the ''''■^''^•■'"'■e's to
comptroller, severally and respectively, to produce to him a satisfactory (J^^^pj^gHg^
statement of the cash on hand, and shall promptly furnish him with official
information, duly certified, whenever applied to do so, relative to any
matter connected with the revenue and finances of the State, of every de-
nomination and description, within their seveial and respective depart-
ments and divisions.
XXXVI-. And he it further enacted by the authority aforesaid. That it
shall be the duty of the treasurers to pay the salaries of all public officers
on the civil list, quarterly, and not earlier.
XXXVII. And be it further enacted by the authority aforesaid. That it
shall be the duty of the treasurers, and they are hereby directed, severally, appropriations,
to raise an account in the treasury books, in every instance, for the several
appropriations made by the Legislature, so that the appropriations of
money, and the application thereof, conformably thereto, may appear
clearly and distinctly on the treasury books.
XXXVIII. And be it enacted, by the authority aforesaid. That tiie treasu- Unapnronria-
rers shall forthwith open in their respective books an account in the name of ted money in
the State of South Carolina, in which account they shall enter the amount •'''' "''^''^"'■y'
of all sums now in the treasury unappropriated : and in like manner shall
enter all sums of the same nature that hereafter shall be received by them
respectively; which sums are hereby placed under the superintendance of
the comptroller, to be applied at such time and in such manner, for the
purposes aforesaid, as he and the said standing committee of the legisla-
ture shall in their discretion think fit, by drafts, to be made by the comp-
troller on the treasury. And the said comptroller is hereby required to
lender, annually, to the Legislature, a full account of his transactions.
XXXIX. Andbe it enacted, by the authority aforesaid. That the securities Securities of
of the several tax collectors, who mav be hereafter appointed in this State, """^°"^'''°''*-
VOL. v.— 54.
426 STATUTES AT LARGE
A.u. laoi. shall tie approved of by the commissioners who approve of the securities
^■"■^"^"^^ given by the sheriffs of the several districts in which they may be appoint-
ed respectively.
XL. And he it further enacted by the authority aforesaid, That the several
Appropriation, sums hereinafter mentioned shall be, and are hereby, appropriated for the
several puiposes followinij, to wit : for defraying the expenses of the civil
list, as per estimate (No. 1) number one, hereunto annexed, a sum not ex-
ceeding seventy-two thousand two hundred and seventy-eight dollars ; for
defraying the contingent and extraordinary expenses of goveiiiment, as
per estimate (No. 2) number two, hereunto annexed, a sum not exceeding
two hundred and eighty-two thousand three hundred and ninety-seven
dollars, fifty-eight cents. And that the said several sums shall be paid out
of the funds following, namely, the general taxes imposed by this Act, and
all arrears of debts, duties and taxes whatsoever, which have been collected
or may be collected for the use of the State, and not otherwise appropria-
ted by law.
XLL And he h further enacted by the authonty aforesaid. That the bal-
Fmirferl debt to ^"'^s of interest which now remains or shall hereafter remain to this State
be bouglu in. on the debt due by the United Slates, after paying the interest due on the
funded debt of this State, and the amount of the principal which may be
paid on the principal of the debt due to this State by the United States,
shall be, and the same is hereby, appropriated to the purchase or redemp-
tion of the funded debt of this State, by the treasurer of the lower division,
under the direction of the comptroller and standing committee of the
Legislature ; and all balances of cash which may remain in the treasury
of this State after paying the appropriations made by law, shall and may
be applied, in the same manner, to the same use and purpose.
XLIL And he it enacted by the authority aforesaid. That the comp-
W. 15. Farr. trolller be, and he is hereby, authorized to deliver up to John Splatt Cripps,
the security of William Branford Farr, late tax collector of St. Andrew's,
his bond to the State, on the payment of the penalty thereof, and on such
payment to execute a receipt and release to the said John S. Cripps, as ad-
ministrator of the said Farr, for all arrears of taxes due by him as tax col-
lector aforesaid.
LXIIL And be it further enacted by the authority aforesaid, That the
, amount of registered debt, as reported by the comptroller, shall be redeem-
debu ed on the following principles, viz: each and every proprietor of the evi-
dences of the debt so registered, on producing the same to the comptroller,
shall be entitled to receive his warrant on the treasury in Charleston for
the full amount of the principal and one half of the amount of the interest
due on each certificate up to the time of presenting the same.
LXIV. And he il further enacted h\ xhe authority aforesaid, That if at
a meeting to be had by the comptroller with the standing committee of
debtl""^ '^''"' t'"5 Legislature, on the first Monday in April next, after a review of the
funds of the treasury, it shall to them seem convenient and proper to call
jn and redeem any portion or part of the six per cent, debt of this State
then in circulation, it shall and may be lawful, and the comptroller is here-
by directed, to give public notice that on the first day of July, in the year
one thousand eight hundred and two, such part as may be agreed on, so as
the same does not exceed one half of the said six per cent, debt with the
interest up to that period, will be paid at the tieasury in Charleston; and
that no payment shall be made of the said reimbursement of the said six
per cent, debt but to the proprietor or proprietors of the evidences of the
debt, or their altornies, duly authorized for that purpose ; and to prevent
OF SOUTH CAROLINA. 427
frauds upon the public, it shall be the tluty of the treasurer to iiidorse on '^•'^- 1°'^'-
the back of each stock certificate the payments so mado. v-^'-v^i^
LXV. And he. it fiirlhcr enacted by the authority aforesaid, That an Act
entitled " An Act nrescribiu!!, on the part of this State, the times, places
1 *..,!• , ■ (* • ■ 1 *"i P Former Act re-
and manner of holding elections for representatives in the Loiigress otpp^jg,!
the United States," passed on the twenty-first day of December, in the
year of our Lord one thousand seven bundled and ninety-two, be, and the
same is hereby, repealed.
LXVI. And whereas, it is expedient that the State of South Carolina
should make a purchase of the patent right of Messrs. Miller and Whit-
ney, to the making, using and vending, wilhin the limits of this State, of a foi!'!,''°r''cha«°n°
certain new invention of a machine, commonly called a saw gin, for clean- Whitney's coi-
ing the staple of cotton from the seed ; and whereas, it is proper that the tonsaw-gin.
Legislature oftliis State should provide for the payment of the same ; Be
it therefore enacted by the authority aforesaid. That the comptroller of the
revenue and finances of this State shall be, and he is hereby, authoiized
and required to draw his warrant in favour of the said Miller and
Whitney, or either of thera, or their order, or to the executors or ad-
ministrators of either of them, or their order, on either of the treasurers
of this State, for the sum of twenty thousand dollars, payable at sight ; and
the said comptroller is further authorized and required, at the same
time, to draw on either of the treasurers of this State, three several other
warrants, for ten thousand dollars each, payable to the said Miller and
Whitney ; the first warrant on the first day of September next; the second
of these waiTants payable on the first day of September, which will be in
the year of our Lord one thousand eight hundred and three ; and the re-
maining warrant to be made payable on the first day of October, eighteen
hundred and four : to the payment of which several orders or wai rants,
amounting in the whole to fifty thousand dollars, the good faith of this
State is hereby pledged. Provided nevertheless, that the said Miller &
Whitney shall, before the drawing of such warrants, as above directed by
the comptroller, make and execute a deed of assignment, bargain and sale,
and release to the said comptroller, for and on behalf of the State of South
Carolina, of their patent right to the exclusive making, using and vending
the said new invention of the saw-gin within the limits of this State, and
of all other improvements, alterations and amendments, witiiin the limits
aforesaid, which they or either of them shall make or discover, in the con-
struction of the said machine, founded upon the principles of the invention
of the saw gin : and provided also, that the said Miller &: Whitney shall,
by their said deed, agree to refund all such sums of money, obligations, or
notes of hand, as they or either of them, or their agent, may have received,
for their licence or licenses to use the said inventions, from any citizens
or other persons within the limits of this State ; and shall also engage and
agree to make and deliver to the said comptroller for the State, two of the
said machines of the most approved size and construction ; one of wliich
shall be lodged in Charleston in the office of Secretary of State, and the
other in the office of Secretary of State in Columbia. And provided also,
that nothing herein contained shall be intended, or meant to be intended,
to give to any citizen, or other person or persons within the limits of this
State, the right of making or selling for exportation, or of exporting bevond
the limits of the United States, any of the machine aforesaid, or of any
parts thereof.
XLVIL And he it enacted by the authority aforesaid. That a tax
of fifty cents shall be, and is hereby, laid upon each and every saw, or an:T^'' °° ^*"'-
niilar row of teeth, in each and every saw gin, for ginning of cotton, wilhin
428 STATUTES AT LARGE
18U1. {],ij. .State, to 1)6 paid by the owner or owners of sucli gins, who have used
^-^'"^^'^^ the same since the first day of October last, or who shall use the said gins
before the first day of April next ; and the several tax collectors through-
out this State are hereby authorized and empowered to assess, levy and
collect the said tax, in like manner as other taxes are by law assessed,
levied and collected.
ESTIMATE
Of supplies wanted for the support of Government, for tlie year ISOl, ajid
to discharge demands incurred in the year ISOl.
ESTIMATE NO. 1.
SALARIES AND OTHER EXPENSES, AS SETTLED By LAW.
The Governor's salary, --.... $2,572 00
Secretary to the Governor, .... 430 00
Six Jmiges of the Courts of Law, each $2,572, - . . . 15,432 00
Three Judges of the Court of Equity, each $2,144, - - . 6,432 00
Attorney General, for giving advice to the Governor and other puitlic offi-
cers, in matters of public concern, in addition to his other duties, . 860 00
Three Circuit Solicitors, each $500, - . - - - . 1,500 00
Clerk of the Court at Columbia, ..... 140 00
Clerk of the Court at Charleston, - - - - - 140 00
Sheriff of Richland, for attending on the Constitutional Court at Columbia, . 50 00
Sheriff of Charleston, for attending the Constitutional Court at Charleston, - 50 00
Expenses of the members of the Legislature at the present session, and pay
of the Solicitorsattending the Legislature, - • - 10,500 00
Clerk of the Senate, and Clerk of the House of Representatives, each $1230, 2,460 00
Two Messengers, each $216, ..... 432 00
Two Doorkeepers, each $216, . - - - - 432 00
For extra services to Benjamin Hicks, messenger to the Senate, - - 50 00
Keeper of the State House, at Columbia, his salary, fixed at $130, - 130 00
Comptroller's salary, ...... 2,500 00
Comptroller's clerks, and stationary, . - - . - 1,600 00
Treasurer in Charleston, for salary as Treasurer, and for transacting the
business of the Loan Oflice, and clerks, .... 2,65800
Treasurer in Columbia, for his salary, - - - . - 1,290 00
Clerk to the Treasurer in Columbia, - - - - 400 00
Adjutant General, ..---.. 1,500 00
Nine Brigade Inspectors, each $216, - . . - . 1,944 00
Arsenal keeper and Powder receiver in Charleston, - - - 216 00
Ditto Ditto ditto at Abbeville Court House, - . 50 00
Arsenal keepers and powder receivers for Camden, Georgetown and Beaufort,
each $50, ....... 150 00
Contingent fund, subject to the Governor's draft, he 10 submit an annual
account of expenditure, ..... 6,00000
Port Physician, salary, - - - - - - 600 00
State Printer's salary, ...... ],158 00
Pilot for bar and harbor of Georgetown, .... 322 00
Annuities, -.-.---- 4,500 00
Transient poor, payable to the City Council of Charleston, - - 4,280 00
Salary of the keeper of the lazaretto of the port of Charleston, - - 500 00
For expenses for carrying into effect the Quarantine law, - - lOtX) 00
$72,278 00
OF SOUTH CAROLINA. 429
A. U. 1801.
ESTIMATE NO. 2. ^--'-v-^
Extraordinaries and Contingent Accounts.
Contingent accounts of the lower division, payable by the Treasurer in
Cliarleston, as reported on by the Comptroller, and agreed to by the Legis-
lature, ....... $8,782 21
Contingent accounts of the upper division of the Treasury, payable by the
Treasurer in Columbia, as reported on Ly the Comptroller, and agreed to
by the Legislature, --.... 11,14000
Compensation to Simon Taylor, ingrossing Clerk in the absence and sickness
of two solicitors, eleven days — at four dollars each, - - - 68 00
For purchasing cases for depositing and safe keeping the records of the Court
of Equity in Charleston, and fitting up the Equity Chamber, - - 300 00
For Mary Norton, for her negro slave executed for larceny, - - 122 44
Fur Daniel Smith, compensation for extra service as assessor in Charleston, - 120 00
For building a court house at Columbia, for the use of the district of Richland,
and for the use of the Judges when sitting at Columbia, - - 4,900 00
For Dr. Robert Pringle, to reimburse him so much recovered from him by Mrs.
Kingsley, the widow of Zephaniah Kingsley, for dower in lots confiscated
and sold, i261 8s. 3d., - - - - - - 1,120 50
The Rev. Mr. Reid, for performing divine service during the session, - 100 00
For the erection of a college and suitable buildings at Columbia for the accom-
modation of the officers and students of the college, to be drawn out of
the treasury as occasion requires, - . - . . 50,000 00
For repairs to the state house, and out buildings at Columbia, in aid of the
balance in their hands, ...... 800 00
For the opening of Broad River — to be drawn out of the treasury by the com-
missioners, on the Comptroller's warrant, .... 10,00000
For finishing the Magazine and Arsenal at Georgetown, agreeably to the esti.
mate of the commissioners, ..... 1,500 00
For repairs of the gaol in the town of Beaufort, to Robert Barnwell, Thomas
Talbird and John Rhodes, commissioners, .... 500 00
For Henry Rutledge, compensation for a negro named Frank, executed for a
crime, agreed to be paid, but not provided form last year's estimate, . 122 44
For the State House, due James Douglass, .... 168 48
Amos Pilsbury, administrator of Edward Tash, for a negro executed, - 122 44
Thomas Wash, for taxes over-paid by him to the tax collector of Abbeville, ■ 18 00
Julius iMartin, as compensation for wound received whilst acting as a guard at
Laurens gaol, - - - - . . . 39 50
For repairs to the quarters ofCapt. Lavacher, (at the Magazine in Charleston,) 200 00
Adrian Proveau, for arrear of salary as keeper of the Lazaretto, . . 95 60
Jacob Sass, for a carpet provided for the Senate Room, ... 140 00
For repairs of the Lazaretto in Charleston harbour, and building a cistern, . 800 00
Pension to Andrew Adams, - - - . . . 22 00
Samuel Oraelvery, as additional pay for building Chester gaol, - . 500 00
John S. Crippes, agreeably to a joint resolution, being excess ever-paid by him
to the Comptroller, as the security of Cudworth & Waller, - - 268 85
For the purchase of the registered debt, agreeably to provision of the Act, - 109,915 'li
John Calvert's account against the Senate, . . . . 83 75
James Douglas, for repairs to Senate Chamber, - - . - 6 00
For the purchase of swords and pistols, for the Cavalry, ... 15,00000
For the purchase of brass field pieces, muskets and bayonets, - - 30,000 00
His Excellency the Governor, to reimburse him the expense of his house hire
in Columbia, ....... 250 00
For payment of a debt due Baron Vanderwych, a sura not exceeding - 2,500 00
For survey of Saluda River, by order of commissioners appointed by law, - 66 50
For building a goal and court house in Horry district, - . - 5,000 00
430 STATUTES AT LARGE
A. D. 1801 . First and second instalments to Mr. Whitney, on the purchase of the right to
' For the share of the State in the State Banli, in 6 per cent, stock, $300,000
In the Senate House, the nineteeiitli day of December, in the year of our Lord one thou
sand eiglit hundred and one, and in the tweuty-sixtli year of tlic Independence of tin
United States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speakar of ih.
House of Rejjrcsejitat ives .
Election d:
trict.'i.
No. 1785. AN ACT prescribing, o\ the p.\rt of this Statk, the timks, ri.v-
CKS AND MANNER OP HOLDING ElkCTIONS FOK REPRESENTATIVES 1\
THE Congress of the Unitkd States.
WHEREAS, by the census of the inhabitants of the United States.
Preamble, taken in conformity to the constitution and law thereof, it appears that this
State is entitled to elect eight members of the House of Representatives
of tlie United States :
I. Be it therefore enacted, by the honorable the Senate and House oi
Representatives, now met and sitting in General Assembly, and by tlio
authority of the same, That this State shall be, and is hereby, divided into
eight districts, for the purpose of electing representatives from this Stati'
to the Congress of the United States; of which the district of Charleston
shall constitute one district; that the united districts of Beaufort, Barn-
well and Edgefield, shall constitute one election district; that the united
districts of Georgetown, Horry, Marion, Darlington and Marlborough,
shall constitute one election district ; that the united districts of Orange-
burgh, Colleton and Richland, shall constitute one election district ; tliat
the united districts of Sumter, Kershaw, Lancaster, Fairfield and Chester
field, shall constitute one election disti ict ; that the united districts of Abl k •
ville, Laurens and Newberry, shall constitute one election district ; that tlie
united districtsof Chester, Spartanburg, Union and York, shall constitute one
Each district to election district; and that the united districts of Pendleton and Greenville,
send one Rep- shall constitute one election district. And each of the said eight distrieN
Congress. shall send one representative from this State to the House of Represents
tives of the United States, who shall be chosen by the persons qualified te
vote for members of the House of Representatives ofthis State.
II. And he it further enacted liy the authority aforesaid. That the next
election of representatives from this State to Congress .shall be held on the
fiist Monday of February next, and the day following, by thesanie niaiia-
Mode 0/ con- gers, and at the same places, and to be conducted in the same manner, as
tion''"^ *'^'' the elections of members for the State legislature. And after the day last
aforesaid, the said elections shall always be held at the same times ami
places, and be regulated and conducted by the same managers, and in the
same manner, as the elections of members of the State legislature ; and the
person who, at any of the said elections, .shall have the greatest number of
votes in any of the aforesaid districts, shall be the member for that district
OF SOUTH CAROLINA, 431
to the House of Represeutatives in the Congress of the United States A. D. 1803.
from this Slate. v.<^-v-^.x
III. And he it further enacted. That the managers in the several
election districts throughout this State, shall, within twenty days after
any election, transmit the ballots by them respectively taken, to Columbia, gp^t^o^^olym.
safely and securely enclosed in paper, sealed with their seals, and direct- bia.
ed to the Governor or Commander-in-chief of the State, or to the sec-
retary of this State, by a person by them to be employed particularly for
that purpose, who, at the time of receiving the said packet, shall take an
oath before some magistrate, "Safely to convey and deliver such packet,
agreeable to the directions, (sickness and unavoidable accidents except-
ed,) and in case of sickness, that he will deliver the same in good order,
and tlie seals unbroken at the time of such delivery, to some other person
to he conveyed to Columbia." And the Governor, or the Secretary of
State, (as the case may be,) on the receipt of any such packet shall cause
to be administered to the person delivering the same, the following oath :
" I, A. B. do solemnly swear, (or affirm, as the case may be,) that the pa-
per or packet now delivered by me, with the contents, were placed in my Oath.
hands by the managers of the election district of (or by
in case he hath received the same from the messenger first intrusted,)
and that the said packet hath not been delivered out of my custody to any
perscjn since the same was delivered to me ; nor hath such paper or packet
been opened by me, or any other person, to my knowledge, or with my
connivance or consent : so help me God." Which paper or packet so de-^.
T 1 1 11 1 -111,-! c II tompensalion
Jivereci snail be receivea by the (governor or Secretary ; and the several to persons con-
persons who shall be employed in conveying the said packets to Columbia ^''y'"? ballots
from the several election districts in this State, shall be entitled to receive
and shall bo paid three dollars per diem, for coming to and going from
Columbia, allowing forty miles for each day's journey.
IV. And be it further enacted, That the Governor or commander-in-
chief for the time being, or in case of his sickness, death, or absence, the
Lieutenant Governor, on the fourth Monday in February next, for the first When and by
election to be held by virtue of this Act, and on every first Monday in 06-"''!°'"*^°'^^^^
1 r "^i T , • 1 1, -^ 1 ■ 1 -^ to be counted,
cember next after each succeeding election, shall cause the said returns to
be publicly opened, examined and counted, in his presence, at Columbia,
by three or moie commissioners to be by him, and under his hand and seal,
appointed for that pui-pose ; and shall ascertain the number of votes given
at the diflerent elections for every person, and what eight persons shall
have, respectively, the greatest number of votes in the said several dis-
tricts, and shall then deposit the original poll of each of the said eight
districts in the office of Secretary of State; and after having ascertained
what eight persons have been elected as before directed, he shall notify by nroclai'med°bv''
proclamation, that those persons have been duly elected members of the the Governor.
House of Representatives in the Congress of the LTnited States, from this
State : Provided, that if both the Governor and Lieutenant Governor
should be absent from Columbia, the Secretary of the State, together with
three commissioners to be appointed as herein before directed, shall and
may open and count the votes, and ascertain the eight persons elected as
aforesaid, and transmit the result thereof to the Governor, or, in case of his
absence or death, to the Lieutenant Governor, to be notified by proclama-
tion as aforesaid : Provided also, that the three commissioners to be ap-
pointed as aforesaid, shall, in all cases, before they proceed to act in the
premises, take an oath before some magistrate, "that they will faithfully
and impartially, and to the best of their skill, discharge the duties required
of them by this Act."
432
STATUTES AT LARGE
How to pro-
ceed when a
person
iV.U. 180i. V. And he it further enacted, That the managers of the said elections
^•~'^~^''~^'^^ be, and they are hereby, required, the next day after the poll shall be closed,
Votes to be '-0 count over, in a public manner, the ballots which shall be given in the
counted by the respective election districts, for the respective candidates or persons bal-
electlonr °^ loted for ; and the said managers shall kee]) an account, in writing, of the
number of votes which each candidate shall have ; and shall also transmit
to the Governor, with the ballots, a duplicate of such account.
VI. And be it further enni:ted. That in case the said jjerson should be
returned for two or more districts, he may, within twenty days after due
notice shall be given him thereof, choose for which district he will serve ;
and on his making such choice, or neglecting so to do within the said term,
turned for two the Governor or commander-in-chief shall direct another election to be
tr' Ts"^*' ^'^' '"^l'^> within twenty days thereafter, for the vacant district or districts, to be
conducted as is before directed by this Act ; and the Governor and com-
mander-in-chief shall proceed in the same manner where the member
elected in any of the said eight districts refuses to serve, or omits to signi-
fy to the Governor or commander-m-chief within twenty days after he has
received due notice of his election, his intention of serving ; and in case
of the death of any person elected, or if his seat shall become vacant by
any other means, or if two or more persons shall have equal votes for the
same district, the Governor or commander-in-chief shall order a new elec-
tion, as the case may require, to be conducted as is herein before prescribed.
In the Senate House, the eighteenth day of December, in the year of our Lord one
thousand eight hundred and two, anil of the Independence of the United States of
America the twenty-seventh.
JOHN WARD, President of the Senate.
ROBERT STARK, Sjyeaher of the House of Representatives.
No. 1786. AN ADDITJOMAL ACT for the morr effecti'ai. preveni
Gajung.
Games not to
be played at.
IN order the more effectually to prevent gaming at taverns, inns, stores
for the retailing spirituous liquors, and other public houses; and also in
streets, high-ways, woods and race-fields, which must often be attended
with quarrels and controversies, the impoverishment of many people and
their families, and the ruin of the health and corruption of the morals and
manners of youth, who in such places frequently fall in company with
lewd, idle, disorderly and dissolute persons, who have no other way of
maintaining themselves )iut by gaming :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That if any person or persons shall, at any time
after the passing of this Act, play at any tavern, inn, store for the retailing
spirituous liquors, or in any other public house, or in any street, high-way,
or in any open wood, high-way, race-field or open place, at any game or
games, with cards or dice, or at any gaming table, commonly called A B
C or E O, or any gaming table known or distinguished by any other letters
or by any figures, or rowlcy powley table, or at rovge ct iitiir, or at any
faro bank, or at any other gaming table or bank of the same or the like
OF SOUTH CAROLINA. 13.?
kinil, undei any denomination whatsoever ; except tiie games of billiards, A.U. liiUJ.
bowls, backgammon, chess or draughts; or shall bet on the sides or hands •"^^^"^'-^
of such as do game ; any justice of the peace or of the quorum may, upon Games that
view, or information upon oath made before him, bind over to appear at"'''^ be plnvej
the next court of sessions of the district in which such play shall be carried
on, all and singular the said persons who shall so play or bet ; and shall re-
quire him or them to give security for his or their appearance thereat ; and
on his or their failure to give such security, shall commit him or them to
the common gaol of the said district; and shall also bind over the keeper
or keepers of such taverns, inns, retail stores or public places, to appear at Penalty for bet-
the said ensuing court of sessions ; and every person so playing, upon being J"^^"''?"'''^"^'
convicted thereof upon indictment, shall forfeit the sum of twenty-five dol-gamiug place,
lars ; and every person so keeping such tavern, inn, retail store or public
place, shall, upon being convicted thereof upon indictment, forfeit the sum
of fifty dollars for each and every offence.
II. And be it further enacted by the authority aforesaid. That all and
every keeper or keepers, exhibitor or exhibitors, of either of the gaming „ ,
tables commonly called A B C or E O, or of any other table distinguished gaming tables
and known by any other letters, or by any figures, or rowley powley, or <» be treated as
rouge et noir, or of a faro bank, or of any other gaming table or bank f,f ^fif'^s.
the same or the like kind, under any other denomination whatsoever, shall
be deemed and treated as vagrants; and moreover, it shall and may be law-
ful for any justice of the peace, by warrant under his hand, to order any
such gaming table to be seized, and publicly burnt or destroyed.
III. And be it enacted by the authority aforesaid. That nothing con- This Act not
tained in this Act shall extend, or be construed to extend, to repeal or '° '■^P'^''' J"''®''
make void any law or act, or part of any law or act, now in force in this same subject.
State, relative to gaming, or the prevention and punishment thereof.
In the Senate Honse, the eighteenth day of December, in the year of our Lord one thou-
sand eight hundred and two, and of the Independence of the United .States of
America, the twenty-seventh.
JOHN WARD, President of the Senate.
ROBERT STARK, Speaker of the House of Representatives.
ACT ACT to alter and amend an Act entitled " An Act to prevent No. 1787.
Negro Slaves and persons of colour from being brought into or en-
tering this State :" and also an Act supplementary to the Act afore-
said ; and for other purposes therein mentioned.
('Passed December 18, 1802. See last volume.)
AN ACT TO EMPOWER THE Commissioners of the Tobacco In.spec- No. 1788.
TioN IN Charleston to receive into the warehouses there, on
STORE, cotton AND OTHER ARTICLES, ON THE CGKDITION THEREIN MEN-
TIONED.
WHEREAS, it appears by the memorial of the commissioners of the
tobacco inspection in Charleston, that from the great decrease in the crops Preamble.
VOL. v.— 55. ^
4:J4 STATUTES AT LARGE
A.D.IiKW. of t(jl)acco ill tliis Stato, so small a quaiility of tliat article is brouglit to
^-'^"''"^^ tiie Cliailestoii inspection as to fender the funds arising theiefrom totally
inailequato to meet the expenses of the institution, and to pay the expen-
ses already incurred, without other sources. And whereas, tlie said com-
missioners, conceiving that they are not authorized by the law under which
they act to rent or hire out any of the warehouses under their care and
superintendance, have prayed the legislature that their powers may be
enlarged, and that they may be permitted to rent out one or more of the
tobacco warehouses, as they may deem necessary, (always reserving suf-
ficient store room for tobacco,) for the purposes of storing of cotton, or any
other article, and to affix such rent or storage as they may think adequate,
and to collect the same, or to appoint the inspector or inspectors of toliacco
to receive and pay the same into the hands of commissioners, in aid of
defraying the necessary expenses of the institution :
I. Be it tliereforc enacted, by the honorable the Senate and House of
Representatives, now met and silting in General Assembly, and by the
authority of the same. That the powers and duties of the commissioners
store™ in" the ^of the tobacco inspection in Charleston, and of the inspector and inspectors
tobacco ware- there employed, shall be, and the same are hereby, enlarged and extended
houses. g(^ f^j. jjg jy enable the said commissioners to receive into the tobacco ware-
houses, or any part thereof, on store, cotton or other articles of produce,
or any articles of merchandize or otherwise, according to their discretion,
from any person or persons whomsoever, on the best terms that can be
obtained for the same, not exceeding the usual rates of storage in Charles-
ton, and to apply the monies arising therefrom to the same purposes as
are directed in and by an Act entitled " An Act for regulating the inspec-
tion and exportation of tobacco, and for other purposes therein mentioned."
And the inspector and inspectors aforesaid are hereby directed and re-
quired to collect and pay into the hands of the commissioners aforesaid the
amount of the storage that may arise as aforesaid, in the same manner as
they are directed in and by the aforesaid Act with respect to the storage
of tobacco. Provided always nevertheless, that all such cotton, or other
articles, that may be received on store, shall be received on the express
condition that the same, or any part thereof, may, at any time, be removed,
at the discretion of the commissioners aforesaid, whenever, in their opinion,
the whole or any part of the said warehouses may be wanted for the pur-
pose of stoi'ing tobacco.
In the Senate House, the eighteenlh ilny of neccmlier, in llie year of onrl.oni one thon-
santl eight hundred and two, and in ihc twpnty-sevcnth year nf the Independenrc of
the United States of America.
JOHN WARD, President of the Scuate.
ROBERT STARK, SpeaA-er of the House of Representatives.
No. 1780. AN ACT to incorporate the Marlboi-ough Academy, the Philomatic
Society of Marion District, and the Jefferson Monticello Society of
Fairfield District.
(Passed December IS, 1802. See last vnhima.)
OP SOUTH CAROLINA.
an act to prevem' thk iinnecessaijy attendance ol' witnesses in no. 1790.
Courts of Justice.
WHEREAS, a great delay of justice is experienced by compelling
witnesses to bonds and notes to attend the courts of justice, and prove the
same :
T. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That from and after the fifteenth day of February
next, the absence of a witness to any bond or note shall not be deemed a
good cause, by any court of justice, for postponing a trial respecting the
same ; but that the signature to such bond or note may be proved by other
testimony ; unless the defendant, at the time of filing his or her plea, shall
swear, or affirm, according to the form of his religious profession, that the
signature of the bond or note in suit is not his or hers ; nor in case the
defendant or defendants should be executors or administrators, shall the
cause be postponed for want of the subscribing witness to the bond or
note in suit, but the signature may be proven by other testimony ; unless
one of the executors or administratoi's, who are defendants, shall swear, or
affirm, as aforesaid, at the time of filing his or her plea, that they have
cause to believe the signature to such bond or note is not the testator's or
intestate's, as the case may be. Provided always, that nothing herein
contained shall prevent the court from postponing such trial, if in their
opinion a sufficient cause shall be assigned for such postponement.
In the Senate Houpe, tlie eigliteeijth day of December, in tlie year of our Lord one lliousand
eight Inmdred and two, and in tlie twenty-seventh year of the Independence of the
United States of America.
JOHN WARD, President of the Senate.
ROBERT STARK, Speaker of the House of Rej/renentatives.
AN ACT to incorporate the State Bank; and imposing certain lestrictions j«Jq_ 1791.
on the Directors, Officers and Servants of Banks in this State.
(Passed December 18, 1S02. Sec last volume.)
AN ACT TO AUTHORIZE THE DRAWING OK JuRIES FOR HoHRV DISTRICT; No 1792.
AND FOR OTHER PURPOSES THEREIN MENTIONED.
1. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same. That it shall be lawful for the clerk of Horry district to require,
by a summons under his hand and seal, the attendance of four justices,
whereof two shall be of the quorum, to be and appear at the courthouse of
the said district on the second Monday in February next, and that the clerk
436 STATUTES AT LARGE
A.u.icoa. a„^i sherifTof tlie said district shall tlien and there proceed to draw, in the
^-^'^^''^'•^ presence of the justices aforesaid, a lawful number of jurors from tiie
1 ■ r . H jury box of the said district, accordingto the directionsor references contain-
IV, how to be *^'^ in a" Act of Assembly of this State, passed on the eia;hteenth day of
(liawn. December, in the year of our Lord one thousand seven hundred and ninety-
nine, entitled " An Act for the establishment of an uniform and more con-
venient system of judicature ;" which jurors so drawn are hereby declared,
to ail intents and purposes, lawful jurors, to sit, try and determine all mat-
ters in the said courts for the said district, aUhe next spring circuit, that
may be brought before them respectively ; and that no challenge, either
to the array, the panuel or the poll, shall be admitted against such jurors,
or any of them, on account of their having been drawn in the manner
above provided ; any act, matter, clause, usage, custom or law to the con-
trary notwithstanding.
IL And be it further enacted hy ihe authority aforesaid, That the said
clerk of the court of the district of Horry aforesaid be, and is hereby.
Jurors to be authorized and required to issue a writ of venire facias, directed to the
summoned. sheriff of Horry district, who shall summon the jurors so drawn as afore-
said to appear and serve at the said court; and that all jurors so to be
summoned, and failing to attend agreeably to such summons, shall be, and
they are hereby declared to be, subject to the penalties prescribed by law
against defaulters in like cases.
HL And be it further enacted, That all suits and prosecutions now de-
pending in Georgetown district, where the defendant or defendants shall
reside or may have been arrested within the limits of Horry district, shall
be transferred to the said last mentioned district for trial and determina-
tion.
IV. And be it further enacted. That Richard Green, Samuel Foxworth,
and Henry Durant, be, and they are hereby appointed, commissioners for
the purpose of taking bond and security from the clerk and sheriff of the.
said district of Horry, according to law.
V. And be it further enacted. That the office of register of mesne con-
veyance shall be vested in the clerk of the said district court for the time
being.
VL And be it further enacted by the authority aforesaid. That it shall
be the duty of the sheriff of the district aforesaid to procure a jury list,
agreeably to the Act of the legislature prescribing the mode of obtaining
jury lists, to be made and completed ten days previously to the time here-
by fixed for drawing a jury for the district aforesaid.
In the Senate House, tlie eighteenth day of December, in the year of our Lord one thousand
eiglit Iiundred and two, and in the twenly-sevuuth year of the Independence of th<
United States of .Vnierica.
JOHN WARD, President of the Semite.
ROBERT STARK, Speaker of the House (f Representatives
No 1793. AN ACT to confirm the by-laws of the Protestant Episcopal Ciiurcli ol
St. Philip in Charleston, and to enable the Congregation thereof to alter
the same, or substitute new by-laws, under certain restrictions.
(Passed December 18, 1802. See last volume.)
OF SOUTH CAROLINA.
AN ACT TO AUTHomzK Josiah Pendarvis, togi-.ther with his issuf., No. 1794.
TO CHANGE THEIR PRESENT SURNAME OP PeNDARVIS TO THAT OF BeDON.
WHEREAS, Josiah Pendarvis has petitioned the Legislature to change „
his present surname, together with that of his present and future issue, to
Bedon :
L Be it therefore enacted, hy the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That the said Josiah Pendaivis, together with his Name o( J. Pen-
present issue, be, and they are hereby, authorized to change their present ^^''g^.^^^"S®
surname to that of Bedon ; and that he and they shall hereafter be known
and distinguished in law, and in all transactions in law, wherein he or they
may be bound or obliged, or wherein any person or persons may be bound
or obliged to him or them, by no other surname than that of Bedon.
Ill the Senate House, the eigiiteenthday of December, in the year of our Lord one thousand
eight hundred and two, and in the twenty-seventh year of the Independence of the
United States of America.
JOHN WARD, Vresklvnt of the Senate.
ROBERT STARK, Sjieaker of the House of Representatives.
aiv act authorizing the commissioners for disposing of the public no. 1795.
land in the town of columbia to deliver up certain bonds therein
mentioned, and to convey certain squares to the trustees of thk
South Carolina College.
WHEREAS, the board of trustees of the College of South Carolina,
in locating- the spot which appeared to them the most proper for the site I'renniblu.
of the above mentioned college, have discovered that parts of the squares
comprised therein have been sold to private persons, who are willing to
relinquish their purchases :
1. Be it therefore enacted, by the honorable the Senate and House
of Representatives, now met and sitting in General Assembly, and by
the authority of the same. That upon the several persons hereinafter men-
tioned, who have purchased lots or squares in the town of Columbia, or p 1.1
their legal representatives, producing to the commissioners for disposing cancelled.
of the public land in the town aforesaid, cerlificates from the board of
trustees of the college aforesaid, that they have executed to them full and
sufficient conveyances, in fee simple, of the squares and lots hereinafter
particularly described, the commissioners aforesaid are hereby authorized
and directed to cancel the following bonds, to wit : the bond of George
Wade, for the purchase of two acres, making part of the square bounded
by Richardson, Divine, Sumter and Green-streets; also the bond of Wil-
liam Cunnington, for the purchase of the square bounded by Sumter,
Green, Marion and Mediumstreets ; also the bond of Thomas Rhett Smith,
for the purchase of the square bounded by Sumter, Blossom, Marion and
Divine streets : also the bond of Ezekiel Pickens, for the purchase of the
square bounded by Marion, Divine, l>ull and Green streets; and also the
438 STATUTES AT LARGE
A. U.180J. Ijoiul of Bartlee Smyth, for the purchaso of the square bounded by Marion,
^-^'"^'^^*'"^ Green, Bull and Medium streets.
II. Be it farther enacted by the authority aforesaid, The commis-
Conveyance sioners aforesaid shall be, and they are hereby, authorized and directed
for the college, jq convey to the trustees aforesaid, in fee simple, the square bounded by
Sumter, Divine, Marion and Green streets, in the town aforesaid ; also the
square bounded by Marion, Blossom, Bull and Divine streets ; and the
half square, adjoining Wade's purchase, bounded by Richardson, Divine,
Sumter and Green streets, as aforesaid.
III. And be it further enacted by the authority aforesaid. That the trus-
tees aforesaid shall be, and they are hereby, authorized and empowered to
stop up or enclose all or any part of Green, Marion or Divine streets,
which are included within and bounded by Bull, Blossom, Sumter and
Medium streets.
IV. And he it further enacted hy ihe authority aforesaid. That until the
salaries of the faculty of the said college shall commence, the comptroller
be authorized and empowered, upon application of the said trustees, to
pay to them or their order, towards purchasing a philosophical and math-
ematical apparatus and library for the said college, the annual sum appro-
priated by law for such college.
in the Senate House, the eighteenth day of Decenilicr, in tlie year of our Lord one thousand
eight hundred and two, and in the twenty-seventh year of the Independence of llie
United States of America.
JOHN WARD, President of the Senate.
ROBERT STARK, Sj^eaker of the House of Representatives.
No. 1796. ^iV ACT TO purmit the Honorable Elihu Hall Bav to leave
THE State.
WHEREAS, the Honorable Elihu Hall Bay, one of the associate
judges of the State, has requested permission to leave the State :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That the said Elihu Hall Bay be, and he is hereby,
authorized to leave the State, for any time not exceeding one year.
In the Senate House, the eighteentli day of December, in the year of our Lord one thou-
sand eight hundred and two, and of tlie Independence of tlio I'nited States of
America the twenty-seventh.
JOHN WARD, President of the Senate.
ROBERT STARK, Speaker of the House of Representatives,
No. 1797. AN ACT to incorimratc the several Societies therein mentioned.
(Passed December 18, 1802. See last voluvic.)
OF SOUTH CAROLINA.
AN ACT IN FAVOR OF John Kershaw, and the other represknta- No. 1798.
TivEs OF Colonel Joseph Kershaw, late of the Town of
Camden, deceased.
WHEREAS, a certain James Carey took and carried away from the
said Josepli Kershaw, in his life time, some time in the year of our Lord
one thousand seven hundred and eighty-two, several valuable slaves, the Preamble,
property of the said Joseph Kershaw, from the city of Charleston in this
State, to the island of Jamaica, so that the said Joseph Kershaw, or any
person or persons, for his use, hath never yet recovered the said slaves, or
either of them ; and whereas, also, two slaves, one named Cato, and the
other named Quash, which were the property of the said James Carey,
are now in the possession of the said representatives of the said Joseph
Kershaw ; and that although the estate of the said James Carey was gen-
erally confiscated, yet the said two slaves, named Cato and Quash, were
never sold by the commissioners of confiscated estates, because they
thought that the claim of the said Joseph Kershaw, to retain, as a recom-
pence, the said two last mentioned slaves, just and equitable; and whereas,
also, the said representatives have by their petition, prayed this legislature
to relinquish in their favor the claim of the State to the said two slaves :
I. Be it therefore enacted, by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the authority
of the same. That all the right, title and interest of this State, of, in and Two slaves
to the two slaves named Cato and Quash aforesaid, by virtue of an Act of^^^^^^f J"
the legislature of this State, commonly called the confiscation Act, be, andshaw.
the same is hereby, vested in the said representatives of the said Joseph
Kershaw ; any law to the contrary in any wise notwithstanding.
[n the Senate House, the eighteenth day of December, in the year of our Lord one thou-
sand eight hundred and two, and of the Independence of the United States of
America, the twenty-seventh.
JOHN WARD, President of the Senate.
ROBERT STARK, SjwahcroftheHouseofRepresentuln-cs.
AN ACT to incorporate the " Ahee yetnmini nhne ehyonim" or the No. 1799.
Society for the relief of Orphans and Children of indigent parents.
(Passed December ] 8, 1802. See last volume.)
AN ACT TO restrain the operation of the Escheat Laws in re- Nq. 1800.
LATION TO BaRNEND DiEKSON, HIS HEIRS AND ASSIGNS.
WHEREAS, Bamend Dierson, a native of the electorate of Hanover,
in Germany, but now a citizen of the United States, and resident in the ^"^"°'^-
440 STATUTES AT LARGE
A. D. 1802. city of Cliarlestoi) in this State, grocer, hath petitioned the legislature of
^-^""'^"^^^^ this State to vest in him certain lands which he purchased and became
possessed of before he became a citizen of the United States, and which
are liable to be escheated :
I. Be it therefore enacted by the authority aforesaid. That all and singu-
Cnnveyanceto ^^'' '^^^ lands purchased by the said Barnend Dierson, in fee simple or
B. Dierson. otherwise, while an alien, shall be, and they are hereby, vested in the said
Baniend Dierson, his heirs and assigns, as fully and amply, to all intents
and purposes, as if he had been a citizen of the United States at the time
of the purchase thereof; any law, usage or custom to the contrary thereof,
in any wise notwithstanding; subject, nevertheless, to such mortgages and
other incumbrances as they would in that case have been liable to.
In the Senate House, the eighteenth day of December, in the year of our Lord one thou-
sand eight linndred and two, and in the twenty-seventh year of the Independence of
tlie United States of America.
JOHN WARD, President of the Senate.
ROBERT STARK, Speaker of tJte House of Represe/Uutivcs,
No. 1801. AN ACT 10 authorize the Trusteks of the Maklborough Acade-
my TO RAISE THE SUM OF TwO THOUSAND FiVE HuNDRED Doi.I.ARS
BY Lottery.
WHEREAS, a petition hath been presented by the members of the
INIarlborough Academy, stating that their funds are insufficient to carry
into effect the establishment of an academy, and praying for leave to raise
the sum necessary by lottery :
I. Be it therefore enacted, by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the authori-
ity of the same, That Tristram Thomas, William Pledger, Robeitson
Carloss, John Rodgers, and Edward Croseland, be, and they are hereby,
vested with full power and authority to make, and proceed to the drawing
and concluding of, a lottery, for the purpose of effecting the aforesaid es-
tablishment. Provided, they do not by the said lottery gain more than the
net sum of two thousand five hundred dollars.
In the Senate House, the eigliteenth day of December, in the year of our Lord one thou-
sand eight hundred and two, and in the twenty-seventh year of tlie Independence of
the United States of America.
JOHN WARD, President of the Senate.
ROBERT STARK, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
AN ACT TO REPEAL THE AcTS OF CONFISCATION AM> AMErjCEMENT, No. 1S02.
SO FAR AS THE SAME RELATE TO THE EsTATE, ReAL AND PERSONAL,
OP THE LATE HeNRY AND RoWLAND RuGELY.
WHEREAS, the trustee foi the creditors of the late Henry and Row-
land Rugely, hath petitioned the legislature of this State to repeal the Acts Preamble,
of confiscation and amercement, so far as the same relate to the estate, real
and personal, of the late Henry and Rowland Rugely, deceased ; and it
appears that the said estate is msufficient to pay the deUts, and that the
State cannot be injured by a repeal thereof; and it also appears by the
certificates of the comptroller and the treasurer for Charleston, that no part
of the said estate hath been disposed of by the commissioners of foifeited
estates :
1. Be it therefore enacted, by the Senate and the House of Represen-
tatives, now met and sitting in General Assembly, and by the ai'thori-j.^j^i,^Cjjj^
ty of the same. That from and after the passing of this Act, the Acts of lys exempted
confiscation and amercement, so far as the same lelate to the confiscation f™" cmitisca-
and amercement of the estate, real and personal, of the said Henry and
Rowland Rugely, their heirs and devisees, shall be, and the same are here-
by, repealed ; any law, usage or custom to the contrary theieof, notwith-
standing. Provided, that nothing in this Act contained shall be construed
so as to affect any property heretofore sold under or by virtue of the Act
commonly called the confiscation Act.
In the Senate House, the eighteenth day of December, in the year of our Lord one thou-
sand eight iuindred and two, and in the twenty-seventh year of the Independence o(
the United States of America.
JOHN WARD, President of the Senate.
ROBERT STARK, Speaker of the House of Representatives.
I tion.
AN ACT TO RAISi: SIIPPLILS AMD MAKE APPROPP.H riONS lOK THi: YEAR No. 1803
ONE THOUSAND EIGHT HUNDRED AND TWO ; AND FOR OTHER PURPOSES
THERI.IN MENTIONED.
I. Be it enacted, by the honorable the Senate and the House of Repre-
sentatives, now met and sitting in C4eneral Assembly, and by the authority
of the same. That a tax, for the sums and in the manner hereinafter men-
tioned, shall be raised, and j^aid into the public tieasury of this State for
the use and service thereof.
H. And be it enacted by the authority aforesaid, That twenty-five
cents per centum ad valorem be paid in specie or paper medium on allKuteofia.xmior
lands granted within this State, under the several regulations heiein-"" '^"''^•
after expressed. Class No. 1 shall contain all tide swamp of the first
quality, not generally affected by the salts or freshes, which shall be rated
at twenty-six dollars per acre; all tide swamp of the second quality,
not generally affected by the salts or freshes, which shall be rated at
seventeen dollars per acre: ail tide swamp of the third quality, not gen-
erally affected by the salts or fieshes, which shall be rated at eight and a
VOL. v.— .56.
412 STATUTEri AT LARGE
A. U. 1802. half (Ji)llnrs per acre ; all pine barren lands adjoining such swamps, or con-
'~-^'"'*'"^"^ tiguous thereto with respect to tlie benefit of water carriage, which shall
be rated at two dollars per acre ; all ]i rime inland swamp, cultivated and
uncultivated, which shall be rated at an average of thirteen dollars per
acre ; all inland swamp of the second quality, which shall be rated at eight
and an half dollars per acre ; all inland swamp of the third quality, which
sliall be rated at four dollars per acre ; pine barren land, adjoining or
contiguous thon-to, which shall be rated at one dollar per acre ; and all
salt marsh, or inland swamp, clearly proved to the collectors to be incapa-
ble of immediate cultivation, which shall be rated at one dollar per acre.
Class No. 2 shall comprehend all high river swamps and low grounds,
cultivated and uncultivated, including such as are commonly called second
low grounds, lying above the flow of the tides, and as high up the coun-
try as Snow Hill on Savannah river, and the fork of Broad and Saluda rivers
on the Congaree, Gi-aves's Ford on the Wateree, and the boundaiy line on
Pedee ; the first qunlity to be rated at thirteen dollars per acre; the se-
cond quality at eight and an half dollars per acre ; the third quality at four
d(5llars per acre ; excepting such aa hny be clearly proved to the collec-
tors to be incapable of immediate cultivation, which shall be assessed at
one dollar per acre. Class No. 3 shall comprehend all high river swamps
and low grounds, lying above Snow Hill, the fork of Broad and Saluda riv-
ers, Graves's Ford, on the Wateree river, and the old Indian boundary line,
which shall be rated at three dollars per acre. Class No. 4 shall comprehend
all high lands without the limits of St. Philip's and St. Michael's parishes,
within twenty miles of Charleston, and on John's Island and James's
Island, which shall be rated at four dollars per acre. Class No. H
shall comprehend all lauds on the Sea islands, (Slami's island included,)
or lying on or contiguous to the seashore, usually cultivated, or capable of
cultivation, in corn, cotton or indigo, not within the limits prescribed in class
No. 4, which shall be rated at four dollars per acre. Class No. 6 shall com-
prehend all oak and hickory high lands lying below Snow Hill and the fork
of Broail and Saluda rivers, Graves's Ford, and the new boundary line on
Pedee, and not included in the limits or description of the two preced-
ing classes, numbers 4 and 5, which shall be rated at three dollars per acre.
Class No. 7 shall include all pine barren lands not included in the classes
numbered 1, 4 and .5, which shall lie rated at twenty cents per acre. Class
No. S shall compieliend all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first
quality of which shall be rated at one and an half dollars per acre ; the
second quality, at one dollar per acre ; the third quality at forty cents
per acre. Class No. 0 shall comprehend all oak and hickory high
lands above the old Indian boundary line, the first quality of which shall
be rated at one dollar and twenty cents per acre ; the second quality, at
sixty cents per acre ; and the third quality, at twenty cents per acre. Class
No. 10 shall include all lands within the parishes of St. Philip's and
St. Michael's, which shall be assessed in the same manner and upon the same
principles as houses and lots in Charleston, and in a relative proportion to
lands in the country.
HI. Aad be it enacted by the authority aforesaid, That fifty cents
per head shall be levied upon all .slaves ; the sum of two dollars per
I"'" ° &""""' ''" '^" fr'J'J negroes, mulattoeg, and mestizoes, between the ages of
sixteen and fifty years ; and twenty-five cents ad valorum on every hun-
dred dollars of the value of all lands, lots and buildings within any city,
village, or borough ; and fifty cents per centum on all stock in trade, fac-
torage, employments, fucullics and professions, (clergymen, schoolmasters.
OF SOUTH CAROLINA. iVJ
sclioolmistresses and meclianics excepted,) — to lie ascertained and rated A.U. IbOJ.
by the assessors and collectors throughout the State, according to the best ^'^'"^'^^"^
ot'their knowledge and information ; to be paid in specie or paper medium.
IV. A/id be il enacted by the authority aforesaid, Tliat all negroes
and other slaves who are employed on any lands leased by any person or yi^ves employ-
persons of the Catawba Indians, shall be, and they aie heieby made, lia-ed on Indian
ble to the payment of this tax. But nothing in this Act contained shall be'"'"'''"
construed to impose any tax upon the property or the estate of any relijrious
society, or the South Carolina Society, the Winyaw Indigo Society, or the
Fellowship Society, or of the estate of the late Doctor De la Howe, devi-
sed for charitable purposes, and that part of the estate of the late Thomas Exceptions.
Wadsworth which was devised for the estaldishment of a school, or the
Clarendon High Hills tif Sanlee, oi Camden Orphan Societies, or the
Columbia Academy, or the lands and funds owned by the Free School at
Dorchester, or the public lands held by the corporation of Charleston, or of
the lands and funds of any society applicable to the educaiion and mainte-
nance of public schools.
V. And he it enacted by the authority aforesaid. That every person enti-
tled to any taxable property or estate in this State, who resides with- A[,,<,n,,,p5 jqu-
out the limits of the United States, shall, for the use of this State, pay able taxed,
double tax on the same. But this clause shall not be construed to extend
to the property of any person sent, or hereafter to be sent, abroad in the
employment of this State or of the United States, until one year after the
expiration or determination of his commission ; or to the property of any
young man sent abroad for his education, until he attains the age of twen-
ty-three years ; or the property of any person now absent from the United
States, unless such person has been absent for one year.
VI. And he it enacted by the authority aforesaid, That the tax collec-
tors throughout this State shall receive no payment of taxes but in gold \vj,at shall be
or silver coin made current in this State, the paper medium issued under lecelved for
the authority of the Legislature, bank paper redeemable in the first in- """^^'
stance in gold or silver at the bank of the United States, the branch
bank thereof in Charleston, the bank of South Carolina, the State Bank,
or certain certificates for the pay of the members of the Legislature, or
the Solicitors, for their attendance on the Legislature.
VH. And he it enacted, by the authority aforesaid. That the instal-
ment on the paper medium which shall be due on the fiist Wednes-™.- ^
day in INIarch next, shall not be requiicd to be paid as directed by the Act ment of the pa-
entitled "An Act for rai.sing supplies for the year one thousand seven P^'' "^'i"""'
hundred and ninety-four," but shall be paid on the first Wednesday in
March, which will be in the year of our Lord one thousand eight hundred
and seven. Provided, that no pi ison shall be entitled to the benefit
of this clause who shall not give additional security, if required, to the
treasurer at Charleston, in all cases where he is not fully satisfied of the
sufficiency of the former security, and in all cases v\ here default has teen
made in paying what has heretofore been due, or which may be made in
paying the interest to grow due on the first day in March next.
VIIL And he it eriaeted by the authority aforesaid. That the mutila-
ted paper medium bills now lying in the treasury in Charleston, to the mmji^ipj p^.
amount of ten thousand two bundled and eight pounds, be burnt and per medium
destroyed ; and that it shall be the duty of the treasurer in Charleston, | "'* '" '"'
some time befoie the meeting of the ensuing legislature, in the presence
of the comptroller and a majority of the standing committee of the legisla-
ture, to burn and destioy the said mutilated bills, to the amount before
specified.
441 STATUTES AT LARGE
A.I). IBui. jx. And be it further enacted. That the following persons be appointed
^""""^'""^^ said standing committee : the President of the Senate, the Honorable
St^iiilin; com- W. A. Deas, and John Blnko, Theodore Galliard, John Dawson, junior,
"'"«''• John Cord Prioleau.
X. And be it enacted by the authority aforesaid. That the corn-
Copies of this missiouers of the treasury shall be, and they are hereby, required to furnish
iiished ^ "^ copies of this Act to each of the collectors appointed by law throughout
this State, within one month after passing this Act, and their reason-
able expenses occasioned thereby shall be reimbursed.
XI. And be it enacted by the authority aforesaid. That the treasurer of
the lower division of the treasury, under the direction of the comptroller
P»p2i- medium general, and in his presence, and in the presence of the Governor, Presi-
dent of the Senate, Speaker of the House of Representatives, and any
three of the judges of the courts of law ot equity, or in the presence of a
majority of the persons above named, shall, as soon as convenient after the
passing of this Act, cause all the paper medium of this State now resting to
the credit of the State, in the treasury of the lower division, to be burnt
and destroyed, and to report to the Legislature the amount of said medi-
um which may be so burnt and destroyed ; and that the comptroller gen-
eral shall be, and he is hereby, authorized to draw his warrant or wai rants,
as the exigence of the Commonwealth may from time to time require,
on the State Bank, or any other bank with whom he may agree for the
discount and payment of such warrant or warrants, for such sum or sums
of money as may be requisite to supply the amount of said paper medium
so de.stroyed and burnt. Provided always, that the rate or discount on
the warrant or warrants so to be issued shall not exceed the sum of seven
per centum per annum, payable annually, to be calculated from the re-
spective periods when such warrant or warants shall be actually paid and
discharged.
XIL And he it enacted by the authoritv aforesaid, That the comptroller
,,.,, , be authorized to recall or suspend tlie pavment of his warrant foi any
Miller anrl ... ,. i,-i^" i i j
Whitney. appropriation neretotore made lor tlie payments due or to become due to
-Miller and Whitney, any law to the contrary notwithstanding, until the
event of existing disputes between the State and said Miller and Whitney
is concluded; and that notice be given to the public of this restriction.
Xin. And be it enacted by the authority aforesaid. That the pay here-
inafter to be provided for the support and maintenance of the magazme
"lufrd""" guard, shall be restricted to that of an officer, sergeant, and six men; and
that the sum of two thousand two hundred dollars be appropriated for the
])ayment of the said guard, under the direction of the comptroller general.
XIV. And be it enacted by the authority aforesaid, That the bal-
ance of interest which now remains or hereafter shall remain to this State
Funded debt in |^,j (j^p debt due by the United States, after paying the intere.st due on the
° ' *'inded debt of this State, and the amount of the principal which may be
paid on the principal of the debt due to this State by the L^nited States,
shnll be, and the same is hereby, appropriated to the purchase or redemp-
tion of the funded debt of this State, by the treasurer of the lower division,
under the direction of the comptroller and standing committee of the
Legislature ; and all balances of casli which may remain in the treasury
of this State after paying the appropriations made by law, shall and may
be applied, in the same manner, to the same use and purpose.
Keeisiered ^ V. And he it enacted by the authority aforesaid, That the amount of the
registered debt, as reported by the comptroller general, shall be funded, on
the following principles, that is to say; ihe jirincipal of all such sums shall
bear an interest of six per centum per annum, and the interest shall bear
an interest of three per centum per annum ; and that the treasurer t>f the
OF SOUTH CAROLINA. 445
lower division, under tlie direction of the comptroller, shall issue liis ceitifi- ■*■ D. 1802.
Gates for the same. v..<<'"v-^-^
XVI. And he it further enacted by the authority aforesaid. That if al
any meeting to be had by the comptroller with the standing cf)mmittee of Six per cent,
the Legislature, after a review of the funds of the treasury, it shall to them '^'^''''
seem convenient and proper to call in and redeem any portion or part of
the six per cent, debt of this State then in circulation, it shall and may be
lawful, and the comptroller general is hereby directed, to give three
months public notice that, on the first Monday in April next, such part of
the said six per cent, as may be agreed on to be redeemed, so as the same
does not exceed one half of the said six per cent, debt, with interest up to
that period, will be paid at the treasury in Charleston; and that no pay-
ment shall be made of the said reimbursement of the said six percent,
debt but to the proprietor or proprietors of the evidences of the debt, or
their altornies, specially authorized foi- that purpose; and to prevent frauds
upon the public, it shall be the duty of the treasurer to indorse on the back
of each stock certificate the amount of payments so to be made.
XVIL And whereas, there are many wealthy citizens of this State who
derive very considerable revenues from monies which produce an interest,
and who do not contribute a due proportion to the public exiffencies of the „
r I I _c5 Tax on money
same ; Be it therefore enacted by the authority aforesaid, that each and at interest,
every enquirer, assessor and collector shall, on their enquiry for their
returns of taxes of this Stale for the year one thousand eight hundred
and two, administer the following oath to all such persons as may be
liable to pay the same : " L A. B., do solemnly swear (ov affirm, as the case
may be,) that the account which I now give in is a just and true account
of the quantity and quality of the lands, and the number of slaves, and
the sum or sums of money which have produced me an interest, on the
first day of October, one thousand eight hundred and two, in any man-
ner whatsoever, which I am possessed of, interested in, or entitled to,
either in my own right or in the right of any other person whomsoever,
either as guardian, executor, agent, attorney, trustee, or in any man-
ner whatsoever, according to the best of my knowledge or belief; and
that 1 will give a just and true answer, according to the best of my knowl-
edge, to all such questions as shall be asked me touching the same ; and
this I swear without any kind of equivocation or mental reservation what-
soever, so help me God." And upon the principal sum of every sum or
sums of interest money actually received, over and above what each person
pays on account of interest, except where such interest money is received
by any widow, orphan oi unmarried woman, having no other means of
livelihood, the said assessor, enquirer or collector, or assessors, enquirers,
and collectors, to whom the same shall be returned, shall assess the sum of
twenty-five cents on every hundred dollars which shall have produced an
interest of seven per cent., and a proportional sum on all other sums of
money drawing less or more than seven per cent.; to be recovered in like
manner, in case of default, as the collectors are authorized by law hereto-
fijre to do on their returns of lands or slaves.
XVIIL And he it enacted, by the authority aforesaid, That in case any Property not
person or persons shall neglect to make a return of his, her or their monies'''''"'"^
producing interest as aforesaid, they shall be liable to and suffer the same
forfeitures and pay the same penalties as are authorized by law in case of
their refusing or neglecting to make return of his, her, or their lands or slaves.
XIX. Beit c»«rte(^ by the authority aforesaid. That the enquirers, as- Powers and
sessors and collectors ap})ointed by law shall do and perform all and sin- compensation
gular the duties of their offices, according to the Act entitled " An Act for°gjg"^ojg''^'g
declaring the powers and duties of the enquirers, assessors and collectors
446
STATUTES AT LARGE
Returns of
former taxe:
to be made.
Time of pay-
ment of taxe:
of the taxes, and of other persons concerned therein ;" and that on closing
their accounts with the treasurer, and not before, they shall receive seven
and a half per centum on the amount collected, excepting the collectois of
St. Philip's and St. Michael's parishes, who shall receive in Hke manner
three and an half per centum.
XX. And be it enacted by the authority aforesaid, That the assessors, col-
lectors and enquirers, respectively, shall begintheir enquiry on the first day
of February in each and every year; and where all the collectors who were
appointed for any parish or county are dead, and the tax returns not closed
with tlie commissioners of the treasury, the collector who shall be thereafter
appointed is hereby directed and ordered to demand receipts or admin-
ister an oath, or to procure other satisfactory proof from the inhabitants of
the county or parish, in order to ascertain whose taxes might be still due,
and to enable the public to discover what sums of money might be due by
the deceased tax collectors ; and if any of the executoi"s or administrators
of any deceased tax collector neglect or refuse to produce the accounts of
the deceased, or give all the information in their power on the subject,
the treasurer is hereby ordered to proceed according to law against the
estates of the deceased tax collectors.
XXr. And be it further enacted by the authority aforesaid, That all
persons liable to pay any tax hereafter to be imposed by any law of this
State, sliall, on or before the first day of March in each and every year,
give in a true and just return of all slaves, and of the (juality and quantity
of lands, as may be directed and required by said laws, which they
may hold or be entitled unto, in his, her or their own right, or in the
right of any person or persons whomsoever, either as guardian, trus-
tee, attorney, agent, executor, administrator, or otherwise howsoever ;
and shall, on or before the first of May ensuing, pay their taxes to the
collector of that collection district where the party making such return,
either by himself, his or her family, may reside the greater part of the
year. And that the assessors and collectors shall annually pay the
same, and settle their accounts with the treasurer, on the first day of July
next ensuing.
XXi I. And be it further enacted by the authority aforesaid. That it shall be
the duty of every tax collector in this State when he makes his general re-
turn of taxes, to annex thereto a list of all the taxable property in liis district
which has come to his knowledge, and is not returned to iiim, describing
such propertyin the most particularmannerhecan, andannexingthereto the
name or names of the owner or reputed owner or owners of such property.
XXIII. And be it further enacted by the authority aforesaid. That any
person who shall hereafter make any return of any taxable property to any
of the tax collectors of this Stale, shall specify in such return not only the
parish or district in which the lands returned are situated, hut also the
kind thereof, and particularly whether the same be inland swamp or lands
on the sea islands, or within twenty miles of Charleston, or high river
swamp lying above the flowing of the tides, but also the parish or district
in which any slaves returned are em))loyed or reside.
XXIV. And whereas, tracts of land within this State have been sold in
Land owned I))- some of the United States and foreign coimtiies, and the owners there-
of are supposed at present to pay no taxes whatever; Be it therefore
enacted, by the authority aforesaid, That it shall be the duty of, and it is here-
by enjomed on, all the tax collectors, annually to enquire for all such land,
and collect tax and arrears of taxes thereon ; and if the taxes thereon and
arreais of taxes thereon shall not be paid at or before the times to bo ap-
pomlcd for the payment of the general tax, then the tax collectors, after
persons out of
the State.
OF SOUTH CAROLINA. 447
giving twelve months notice in the State Gazette, shall proceed to sell and A. 1). 1802
convey the same, in fee simple, in portions or lots, not exceeding six hun- ^-^""^^"^-^
dred and forty acres each, or so much thereof as will be sufficient to pay
the taxes and arrears of taxes, and the costs incurred, of those who make
default in paying their taxes.
XXV. And he it farther enacti'd by the authority aforesaid, That the
Comptroller be, and he is hereby, authorized and required publicly to
call upon the commissioners in the several districts throughout this State
who have received monies for the construction and repairs of public build-
ings, and the commissioners of Columbia, to render an account to him of the
application of such monies ; which accounts shall be annually laid before the
legislature.
XXVI. And be itfurther enacted by the authority aforesaid, That the trea-
surers shall not hereafter draw any order or check, or make any draft '^" P''y't"'°'*
on any tax collector in this State, in favor of any person having any treasury,
claim or demand on the treasury of this State ; nor shall the ti'easurers
make payment to any person having a claim against the State, even though
allowed by law or provided for by the Legislature, but at the treasury of-
fice at Charleston or Columbia, except as is provided in an Act entitled
" An Act to authorize the treasurers to pay certain persons therein men-
tioned their annuities, and regulating payments to annuitants." And no
tax collector shall hereafter receive, or take in payment of taxes due by any
person, any order, draft or check of either of the treasurers.
XXVIl. And be itfurther enacted by the authority aforesaid. That the
treasurers in Charleston and Columbia shall annually procure to be printed gj^^^l^ eturns
so many blank tax returns adapted to the nature of the taxes which the le-to be furnished,
gislature shall from time to time impose, as will be necessary, and the said
treasurers shall annually furnish each tax collector in their divisions re-
spectively with so many of the said blanks as will enable him to perform
the duties required by law. And each and every tax collector shall, and
he is liereby authorized and required to, demand and take from each and
every person making a tax return, two copies of such return, signed and
sworu to as the law directs, to be made out on the said blanks, of all the
property owned by him, her or them, on the first day of October preceding,
in every year.
XX VIII. And be itfurther enacted by the authority aforesaid. That it shall
he the duty of each and every tax collector throusfhout the State annually Return of gen-
to make out a duplicate of the general return which he is by law directed made to the
to make to the treasurer, and to inclose the same, together with the dupli- Legislature,
cate of the tax returns which by this or any future tax Act may be directed
to be taken from individuals of their respective counties, parishes and dis-
tiicts, in a packet directed to the comptroller and sealed up; which packet
each and every tax collector is hereby required to transmit to the treasu-
rers respectively, on or before the first day of October, in each and every
year; to the intent that by the due examination thereof by the comptroller,
any improper conduct in the tax collectors may be detected. And should
any of the lax collectors aforesaid fail to perform the duties required by
this and the next preceding clause, he shall forfeit and pay the sura of one
hundred dollars, to be recovered by any person sueing for the same in any
court having competent jurisdiction.
XXIX. And be itfurther enacted by the authority aforesaid. That it shall
be the duty of the treasurers to report to the house at their annual Defaulters, how
session every instance of default in any tax collector in his division, '° ^? proceeded
1 . *^ I ,. . 1 against.
and to instruct the attorney general or solicitors respectively, to prose-
cute such defaulters, as soon as anv instance of default shall occur. And
448 STATUTES AT LARGE
A. t). 1803. j[ gjj^u ijg f|,g ji^jy (jf jijg gj;j treasurers respectively, strictly to eii-
^-^'"^^""**^ force the means which they are hy law authorized to make use of, to
compel the tax collectors to the due performance of their duties ; and any
treasurer failing to make use of such means, he shall be held to make good
any loss which the State shall sustain thereby.
XXX. And he it further enacted by the authotity aforesaid. That the tax
'" ^"liY'r'be' collectors of St. Pliilip's and St. Michael's, in Charleston, shall, monthly,
made monthly, and on the first Monday in every month, from and after the first day of
March in each and every year, upon oath, make due returns of all monies
which shall have been received by them during the preceding month.
XXXI. And be k further enacted by the authority aforesaid, That if any
tax collector or collectors shall make any distinction or discrimination of
^"make no'dis- persons in issuing executions, the taxes ofsuch persons (in addition tc the lien
crimiaation. the State has on the property ofsuch person or persons) shall be considered
as thereby assumed by such tax collector or collectors ; and the treasurers at
Charleston and Columbia are directed and enjoined, in their diH^erent depart-
ments, to debet such tax collector or collectors, so misbehaving, with such
arrearages of tax, and to issue executions therefor immediately against each
andevery ofthem, and to lodge such executions with the sherift'ofthe district
in which such collector or collectors reside and shall have property. And
if any sheriff or sheriffs, in whose hands such executions shall be lodged,
shall make any distinction or discrimination of persons, in levying the said
executions, or shall retain the same for a longer time than two months
without making a return of the same, he is hereby made chargeable with
the said executions, in addition to the liability of the collectors and individ-
uals so originally in arrear for tax as aforesaid.
XXXiI. And be it further enacted by the authority aforesaid. That no
Taxes to be dis- person holding any office of profit under this State, or having any demand
counted irom agaJngt the State, shall be entitled to receive any sum of money which
creditors ol the = , . ^ , r^ •, , ■ /. ■ i i
State. may be due to him from the State until his taxes are first paid and satis-
fied ; and the treasurers are hereby positively directed, before they shall
pay any person holding any office of profit or having such demand,
the sum that may be due to him, to require of him a receipt from the
tax collector where such person resides or ought to pay his taxes, stating
that his taxes ate paid and satisfied. And upon neglect or refusal of any
person holding such office or having such demand, to produce such receipt,
the treasurers are hereby directed not to pay sucii person the sum or sums
of money which may be due to him, until satisfactory proof is adduced to
them that such taxes have been paid, or the parties agree to discount the same.
And if the treasurer should pay to any person holding any office of profit or
having any demand as aforesaid, any sum which may be due to him, without
having such receipt produced, or satisfactory proof, or discount made as
above required, he is hereby declared to be liable for all losses which
may arise to the State therefrom.
XXXIII. And be it further enacted by the authority aforesaid. That tin-
tax collectors throughout the State, in their several parishes and districts.
Poor tax. shall be, and they are hereby, authorized and required to collect the poor
tax in the several parishes and districts ; and they shall be allowed the
usual commissions for so doing.
XXXIV. And be it further enacted hy the authority aforesaid. That all the
Public arms to Public arms which now are or hereafter may be purchased on behalf of this
be distributed. State, shall, by order of his Excellency the Governor, be equally distributed
among the several brigades of militia of this State ; and that the several
and respective brigadier generals shall and may allow the said arms to bo
sold for costs and charges among the men of his and their brigades, and
OF SOUTH CAROLINA. i*'^
cause the money arising from such sale to be paid into the public treasiiry, Vi!J^^
to be appropriated for the purchase of other arms, to be distributed in
manner aforesaid : Provided nevertheless, that no one man shall be per-
mitted to purchase more than what shall be sufficient to arm himself of
the arras aforesaid.
XXXV. And be it further enacted by the authority aforesaid. That the
several and respective tax collecMrs in this State shall place their warrants sheriffs to col-
against any person or persons who shall make default of payment of their lect tax execu-
taxes, for collection in the hands of the sheriffs of the districts respectively, "°"^'
and in the hands of no other person or persons whatsoever; and the sheriffs
shall be entitled on the service of such warrants to the usual mileage for
the service of executions.
XXXVI. And he it further enacted by the authority aforesaid, That the tax
collectors shall take the sheriff's receipt for such executions as shall have
been issued for taxes, which they shall respectively produce in bet-
tleraent with the treasurer. And it shall be the duty of the treasurer to
transmit to the comptroller, without delay, a certified copy of all such
receipts, to the end that the coraptiollermay be enabled to inspect the con-
duct of the sheriffs therein.
XXXVII. And whereas, sundry borrowers of the paper medium loan
have not iiaid the interest due on the sums borrowed bv them, and sales have
, ',,.,,, 1 • 1 1 J 1 .. Land boueht m
been made of the lands mortgaged to secure said loan, and the treasu- 1,,. ,i,|, state to
rers have bought in said lands foi defect of bidders, and the same re- be sold.
main on the hands of the State, unjiroductive ; Be it therefore enacted by the
authority aforesaid. That theyshallbe, and arehereby, authorized anddirect-
ed to cause all the lands bought in as aforesaid to be put up to sale, in the
districts in which they severally lie, by the sheriffs of the said districts, on
a public sale day, after giving three months notice thereof, and shall sell
the same to the highest bidder ; and such purchaser shall pay one fourth
part of the purchase money in cash, at the time of the sale, and the remaining
three fourths in one and two years ; for the performance of which he shall
give his bond and mortgage of the premises, and also personal security,
to be approved of by the sheriff and three commissioners, residing in such
district, to be nominated by the treasurers. Provided, that no sale of
the mortgaged lands shall take place when any person interested in the
same shall tender one third part of the sum due, together with the expen-
ses incurred, and give bond, mortgage and security, as is herein before
directed, for the balance due, payable in one and two years, previous to
the day of sale ; and that the said mortgaged property shall thereupon
vest in the party so paying and giving security as aforesaid.
XXXVIII. And he it further enacted by the authority aforesaid. That
the comptroller is hereby authorized and required to cause all lands which Mnrto-ased
are mortgaged to the public, to be put up for sale, in the districts where they land,'ho» to be
respectively lie, by the sheriffs of the said districts, on a public sale day, ^°'''-
after three months public notice thereof; and the same shall be sold to
the highest bidder, under the direction of commissioners to be appointed
by the comptroller and approved of by the Governor or commander-in-
chief for the time being ; and the comptroller shall furnish the com-
missioners aforesaid with the amounts of debts for which the said lands
are mortgaged ; and it shall and may be lawful for the said commis-
sioners to cause to be bid in, on account of the State, any of those lands
which may not be bid up to the amount of the debt for which they may have
been mortgaged, or which they may think have not been bid to their value;
provided, that in no case .-hall the commissioners aforesaid be authorized to
bid in any such lands, on account of the State, to an amount greater than the
VOL. v.— 57.
[
450
STATUTES AT LARGE
Treasurers t(
account tn
Comptroller.
Acr.ounts of
appropriation;
Unappropria-
ted money in
the treasury.
Securities of
tax collectors.
Appropriation!
debt for which they may have been mortgaged, with interest calculated
thereon.
XXXIX. And be it. yurther enacted by the authority aforesaid. That it shall
be the duty of the treasurer, in the monthly reports which he is required
to make to the comptroller, to state the amount of all sums of money which
he shall or may receive or pay away on behalf of the State, particu-
larizing the person and his office of whom he receives and to whom he
pays, as well as on what account he has received, and for what purposes
he has paid, such sums.
XL. And lie it further enacted by the authority aforesaid. That it
shall be the duty of the treasurers, at any time when required by the
comptroller, severally and respectively, to produce to him a satisfactory
statement of the cash on hand, and shall promptly furnish him with official
information, duly certified, whenever applied to to do so, relative to any
matter connected with the revenue and finances of the State, of every de-
noinination and description, within their seveial and respective depart-
ments and divisions.
XLL And he it further enacted by the authority aforesaid, That it
shall be the duty of the treasurers to pay the salaries of all public officers
on the civil list, quarterly, and not earlier.
XLIL And be it further enacted by the authority aforesaid, That it
shall be the duty of the treasurers, and they are hereby directed, severally,
to raise an account in the treasury books, in every instance, for the several
appropriations made by the Legislature, so that the appropriations of
money, and the application thereof, conformably thereto, may appear
clearly and distinctly on the treasury books.
XLIIL And he itfurthei' enacted by the authority aforesaid. That the trea-
surers shall forthwith open in their respective books an account in the name
of the State of South Carolina, in which account they shall enter the amount
of all sums now in the treasury una[)propriated, and in like manner shall
enter all sums of the same nature that shall hereafter be received by them
respectively; which sums are hereby placed under the superintendance
of the comptroller, to be applied at such times and in such manner, for
the purposes aforesaid, as he and the standing committee of the legisla-
ture shall in their discretion think fit, by drafts, to be made by the comp-
troller on the treasury. And the said comptroller is hereby required to
render, annually, to the Legislature, a full account of his transactions.
XLIV. And he it further enacted by the authority aforesaid. That the se-
curities of the several tax collectors, who may be hereafter appointed in
this State, shall be approved of by the commissioners who approve of the
securities given by the sheriffs of the several districts in which they are
appointed respectively.
XLV. And he it further niartcd, That the following sums be respec-
tively appiopriated for the salaries of public officers and other expenses of
government :
For the salary of the Governor, two thousand five hundred and seventy-
two dollars.
For the salary of the Secretary of the Governor, four hundred and thir-
ty dollars.
For the salaries of the six Judges of the courts of law, each, two thou-
sand five hundred and seventy two dollars — in the whole, fifteen thousand
four hundred and thirty-two dollars.
For the salaries of the three Judges of the Court of Equity, each, two
thousand one hundred and forty-four dollars — in the whole, six thousand
four hundred and thirty-two iloUars.
OF SOUTH CAROLINA. 461
For the salary of the Attorney General, for giving advice to the Gover- A.D. 1802.
nor and other public officers, in matters of public concern, in addition to ^^-^"'^'"^^^
his other duties, eight hundred and sixty dollais.
For the salary of three Circuit Solicitors, each, five hundred dollars — in
the whole, fifteen hundred dollars.
For the salary of the Comptroller, two thousand five hundred dollars.
For the salaiy of the Comptroller's clerks, and the stationary requisite
for his office, one thousand six hundred dollars.
For the salary of the Treasurer of Charleston, as Treasurer and for
transacting the business of the Loan Office, and Clerks, two thousand six
hundred and fifty-eight dollars.
For the salary of the Treasurer in Columbia, one thousand two hundred
and ninety dollars.
For the salary of the Clerk of the Treasurer in Columbia, four hundred
dollars.
For the salary of the Clerk of the House of Senate, and the salary of
the Clerk of the House of Representatives, each, twelve hundred and
thirty dollars — in the whole, two thousand four hundred and sixty.
As compensation for the Clerk of the Court at Columbia, one hundred
and forty dollars.
As compensation for the Clerk of the Court at Charleston, one hundred
and forty dollars.
As compensation for the Sherift' of Richland, for attending on the Con-
stitutional Court at Columbia, fifty dollars.
As compensation for the Sheriff" of Charleston, for attending the Consti-
tutional Court at Charleston, fifty dollars.
As compensation for two Messengers, each two hundred and sixteen
dollars — in the whole, four hundred and thirty-two dollars.
As compensation fiir two Doorkeepers, each two hundred and sixteen
dollars — in the whole, four hundred and thirty-two dollars.
For the extra services of Benjamin Hicks, Messenger to the Senate,
fifty dollars.
For the keeper of the State House at Columbia, one hundred and
thirty dollars.
For the salary of the Adjutant General, one thousand five hundred dollars.
For the salaries of nine Brigade Inspectors, each two hundred and six-
teen dollars — in the whole, one thousand nine hundred and forty-four dollars.
As compensation for the Arsenal keeper and powder receiver, in the
city of Charleston, two hundred and sixteen dollars.
As compensation for the Arsenal keepers and powder receivers of Ab-
beville, Camden, Georgetown aTid Beaufort, each fifty dollars — in the
whole, two hundred dollars.
For the salary of the Port Physician of Charleston, six hundred dollars.
For the salary of the State Printer, one thousand one hundred and fifty-
ty-eight dollars.
As compensation for the Pilot for the bar and harbour of Georgetown,
three hundred and twenty-two dollars.
For Annuities, four thousand five hundred dollars
For the Transient Poor, payable to the City Council of Charleston, four
thousand two hundred and eighty dollars.
For the salary of the keeper of the Lazaretto of the port of Cliarles-
ton, five hundred dollars.
For the expenses for carrying into effect the Quarantine Law, one thou-
sand dollars.
As a contingent fund subject to the Governor's draft, he submitting an
annual account of the expenditure thereof, six thousand dollars.
452 STATUTES AT LARGE
A.l). 1S02. For the expenses of the Members of the Legislature at the present ses-
•^.^-v^-^ sion, and pay of the Solicitors fur their attendance, eleven thousand six
hundred dollars.
As compensation to James Davidson, for a negro executed, one hundred
and twenty-two dollars and forty-four cents.
As compensation to Stephen Mazyck, for a negro executed, one hun-
dred and twenty-two dollars and forty-four cents.
For the purchase of books for a joint library for both branches of the
Legislature, one thousand dollars.
For the discharge of the contingent expenses of the upper division,
three thousand one hundred and fifty dollars forty-seven cents.
For the dischaige of the contingent expenses for the lower division, four
thousand two hundred and thirty-two dollars three cents.
As compensation to Barbara and Thomas Holmes, eight hundred and
sixty-eight dollars, agreeably to resolution of both houses.
For the pension of Andrew Adams, twenty-two dollars.
For the rent of the Governor's house in Columbia, two hundred and
fifty dollars.
To the Rev. Mr. Reed, for performing divine service during the session,
one hundred dollars.
For the claim of Benjamin Binehara, Sheritt'of Kershaw district, two
hundred and forty dollars forty-six cents.
For alteration of the seats in the House of Representatives, and the
purchase of carpet, one thousand dollars, subject to the Speaker's
draught.
For Eugene Brenan, for lands sold him by Sheriff of Edgefield, to which
this State had no title, one hundred and twelve dollars thiity-six cents.
For William Jeter, ditto, one hundred and thirty-one dollars twenty-
three cents.
XL VL Be it enacted by the authority aforesaid. That Susannah Towns-
and shall be, and she is hereby, entitled to receive from the treasury of this
To»nsend°aad ^^^^^ 'he sum of eighty dollars thirty-five cents, for three years and nine
Rhodes. months arrearages of pension, which she was entitled to as widow of John
Stephens, who was killed in the late war.
And that John Rhodes be, and he is heieby, entitled to receive from the
treasury of this State the arrearages of pension due to Eliza Rhodes, at
the time of her death, on his giving satisfactory proof that he is the legal
representative of the said Eliza Rhodes.
In the Senate House, the eighteenth day of December, in the yearof our Lord one tliousand
eight hundred and two, and of the Indepeinlcnce of the United States of America
the twenty-seventh.
JOHN WARD, President of the Senate.
ROBERT STARK, Si)eaker of the House of Representatives.
No. 1S04.
^AT ACT SUPPLEMENTARY TO AN AcT ENTITLED "An Act for dcclarillg
the poiocrs and duties of the Enquirers, Assessors and Collectors of the
Taxes, and, of other persons concerned, tlicrein."
L Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same, That the enquirers, assessors and collectors of the taxes, on clo-
OF SOUTH CAROLINA. 453
sing their accounts with the treasurer, and net before, shall receive seven ^-D. IR03.
and an half per centum on the amount collected ; excepting the collectors "--^^"^''"^-^
of St. Philip's and St. Michael's parishes, who shall receive three and a Compensation
half per cent on the amount collected by them. to taxcollec-
II. Be it enacted by the authority aforesaid, That the assessors, collec-
tors and enquirers respectively, shall begin their enquiry on the first day of
February in each and every year. And when all the collectors who were ap- gi"''t'i,'e"^fiJst of
pointed for any parish or county are dead, and the tax returns are not closed February,
with the commissioners of the treasury, the collector who shall be thereafter
appointed is hereby directed and ordered to demand receipts or admin-
ister an oath, or to procure other satisfactory proof from the inhabitants of
the county or parish, in order to ascertain what ta.xes might be still due,
and to enable the public to discover what sums of money might be due by ^eed when col-
the deceased tax collector; and if any of the executors or administrators lectors are
of any deceased tax collector neglect or refuse to produce the accounts of'^
the deceased, or give all the information in their power on the subject,
the treasurer is hereby ordered to proceed according to law against the
estate of the deceased tax collector.
III. And be it enacted by the authority aforesaid. That it shall be the
duty of the tax collectors, in their districts respectively, when thereunto 9°"<='=""'^ '°
required by the comptroller general, to issue executions for all arrears of tjong,
taxes certified by the said comptroller general to be due the State.
IV. And be it enacted by the authority aforesaid. That all persons
liable to pay any tax hereafter to be imposed by any law of this State, Returns to be
shall, on or before the first day of March in each and every year, give in a "'^^'^ "" '''^ 1^'
true and just return of all slaves, and of the quality and quantity of lands, merv year.
and monies at interest, as may be directed and required by the said laws,
which they may hold or be entitled unto, in his, her or their own right, or
the right of any person or persons whomsoever, either as guardian, trus-
tee, attorney, agent, executor, administrator, or otherwise howsoever ;
and shall, on or before the first of May ensuing, pay their taxes to the
collector of that collection district where the party making such return, fifs-l["f"ji'ay.
either by himself, his or her family, may reside the greater part of the
year. And that the said assessors and collectors shall annually pay the
same, and settle their accounts with the treasurer, on the first day of July
next ensuing.
V. And be it enacted by the authority aforesaid. That it shall be the
duty of every tax collector in this State, when he makes his general re- Property not
turn of taxes, to annex thereto a list of all the taxable property in his district returned,
which has come to his knowledge, and not returned to him, describing
such property in the most particular manner he can, and annexing thereto
the name or namesjof the owner or owners, or rejiuted owner or owners, of
such property.
VI. And be it further enacted by the authority aforesaid, That any person
who shall hereafter make any return of any taxable property to any The place
of the tax collectors of this State, shall specify in such return not only the J^ s^[ua'teTfo ^
parish or district in which the lands returned are situated, but also the be specified,
kind thereof, and particularly whether the same be inland swamp or lands
on the sea islands, or within twenty miles of Charleston, or high river
swamp lying above the flowing of the tides, and the parish or district in
which any slaves returned are employed or reside.
VII. And whereas, tracts of land within this State have been sold in , , j ,
c , TT • 1 t. 1 r- • • 11 1 Land owned by
some 01 the United States and loreign countries, and the owners tliere- persons out of
of are supposed at jircsent to pay no taxes whatever; _Bc ?z i;/;cve/orc the State.
enacted by the authority aforesaid. That it shall be the duty of, and it is here-
454 STATUTES AT LARGE
A.D. 1R03. by enjoined on, all the tax collectors, annually to enquire for all such land,
^-^^^•'"^'^ and collect taxes and arrears of taxes thereon ; and if the taxes thereon and
arreais of taxes thereon shall not be paid at or before the times to be ap-
pointed for the payment of the general tax, then the tax collectors, after
giving twelve months notice in the State Gazette, shall proceed to sell and
convey the same, in fee simple, in portions or lots, not exceeding six hun-
dred and forty acres, or so much thereof as will be sufficient to pay the
taxes and arrears of taxes, and costs incurred, of those wiio make de-
fault in paying their taxes. Provided, that nothing contained in this Act,
or any law heretofore passed, shall attect any person or persons who have
obtained subsequent grants not exceeding six hundred and forty acres, and
who have actually settled the same, or shall settle the same within six
months from the passing of this Act, and have paid taxes therefor smce
the date of their grants.
Comptroller to Vlll. And be it enacted by the authority aforesaid. That the Comptrol-
call on com- ler general be, and he is hereby, authorized and required publicly to call
missioners to ypQ,] (be commissioners in the several districts throughout this State who
account for r • , , ,, , p . ■ r , i
monies in tlieir nave received, or shall hereafter receive, monies tor the construction and
hands. repairs of public buildings, and the commissioners of Coluinbia, to render
an account to him of the application of such monies ; which accounts shall
be annually laid before the legislature.
IX. And be it enacted by the authority aforesaid. That the tiea-
All payments surers shall not hereafter draw any order or check, or make any draft
to be at the on any tax collector in this State, in favor of any person having any
treasury. claim or demand on the treasury of this State ; nor shall the treasurers
make payment to any person having a claim against the State, even though
allowed by law or provided for by the Legislature, but at the treasury of-
fice at Charleston or Columbia; except as is provided in an Act entitled
" An Act to authorize the treasurers to pay certain persons therein men-
tioned their annuities, and regulating payments to annuitants." And no
tax collector shall hereafter receive, or take in payment of taxes due by any
person, any order, draft or check of either of the treasurers.
X. And be it enacted by the authority aforesaid. That the treasurers in
Blank returns Charleston and Columbia shall annually procure to be printed so many
to be furnished, i^j^ij]^ tax returns adapted to the nature of the taxes which the lea;islature
shall from time to time impose, as will be necessary, and the said treasu-
rers shall annually furnish each tax collector in their divisions respectively
with so many of the said blanks as will enable him to perform the duties
required by law. And each and every tax collector shall be, and he is
hereby, authorized and required to demand and take from each and
every person making a tax return, two copies of such return, signed and
sworn to as the law directs, to be made out on the said blanks, of all the
property owned by liini, her or them, on the first day of October preceding,
in every year.
XL A?i,d be it enacted by the authority aforesaid, That it shall be the
Return of gen- duty of each and every tax collector throughout the State annually to
made"to the^ make out a duplicate of the general return which he is by law directed to
Legislature. make to the treasurer, and to inclose the same, together with the duplicate
of the tax returns which by this or any other future Act may be directed
to be taken from individuals of their respective counties, parishes and dis-
tricts, in a packet directed to the comptroller and sealed up; which packet
each and every tax collector is hereby required to transmit to the treasu-
rers respectively, on or before the first day of October, in each and every
year; to the intent that by the due examination thereof by the comptroller
general, any improper conduct in the tax collectors may be detected. And
OF SOUTH CAROLINA. 465
should any of the lax collectors aforesaid fail to peifonn the duties required '^- !>• JS03.
by this and the next preceding clause, he shall forfeit and pay the sum of ^-^"^^^^^
one hundred dollai s, to be recovered by any person sueing for the same in
any court having competent jurisdiction.
XII. And be it enacted hy the authority aforesaid, That it shall be the
duty of the treasurers to report to the house at their annual session every (^''[^^"'^"'gj'j.j
instance of default in any tax collector in his division, and to instruct the against.
attorney general or solicitors respectively, to prosecute such defaulters, as
soon as any instance of default shall occur. A nd it shall be the duty of the
said treasurers respectively, strictly to enforce the means which they are
by law authorized to make use of, to compel the tax collectors to the due
performance of their duties ; and any treasurer failing to m.ake use of such
means, he shall be held liable to make good any loss which the State shall
sustain thereby.
XIII. And be it enacted by the authority aforesaid. That the tax col-
lectors of St. Philip's and St. Michael's, in Charleston, shall, monthly, J",J|'^'*/','JJ"{|"'
and on the fiist Monday in every month, from and after the first day of made monthly.
March in each and every year, upon oath, make due returns of all monies
which shall have been received by them during the preceding month, and
pay the same into the treasury.
XIV. And be it further enacted by the authority aforesaid, That if any
collector or collectors shall make any distinction or discrimination of per- Tax collectors
sons in issuing; executions, the taxes of such persons (in addition to the lipf, '''.'"?..■"' °'^'
, ,, , -^ , PI ' ^ 1 1, 1 ■ 1 , cnmmation.
the btate has on the property oi such person or persons) shall be considereu
as thereby assumed by such tax collector or collectors ; and the treasurers at
Charleston and Columbia are directed and enjoined, in their different depart-
ments, to debet such tax collector or collectors, so misbehaving, with
such arrearages of tax, and to issue executions therefor immediately against
each and every of them, and to lodge such executions with the sheriff, orcor-
oner when the sheriff is interested, of the district in which such collector
or collectors shall reside or shall have property. And if the sheriff or sheriffs,
coroner or coroners, in whose hands such executions shall be lodged, shall
make any distinction or discrimination of persons in levying the said exe-
cutions, or shall retain the same for a longer time than two months without
making a return of the same, he i.s hereby made chargeable with the said
executions, in addition to the liability of the collectors and individuals so
originally in arrear for tax as aforesaid.
XV. And be it enacted by the authority aforesaid, That no person
holding any office of profit under this State, or having any demand Taxes to be dis-
against the State, shall be entitled to receive any sum of money which ■^""l'.'*''' f™,™,
miy be due to him from the State until his taxes are first paid and satis- gtaie.
fied ; and the treasurers are hereby positively directed, before they shall
pay any person holding any office of profit or having such demand,
the sum that may be due to him, to require of him a receipt from the
tax collector where such person resides or ought to pay his taxes, stating
that his taxes are paid and satisfied. And upon neglect or refusal of any
person holding such office or having such demand, to produce such receipt,
the treasurers are hereby directed not to pay such person the sum or sums
of money which may be due to him, until satisfactory proof is adduced to
them that such taxes have been paid, or the parties agree to discount the same.
And if the treasurer should pay to any person holding any office of profit or
having any demand as aforesaid, any sum which may be due to him, without
having such receipt produced, or satisfactory proof, or discount made as
above required, he is hereby declared to be liable for all losses which
may arise to the State therefrom.
456 STATUTES AT LARGE
A. U. 1803. XVI. And be it enacted by the authority aforesaid, That the tax
^"^'"^'"^'^ collectors throughout the State, in their several parishes and districts.
Poor tax. shall be, and they are hereby, authorized and required to collect the poor
tax in the several parishes and districts ; and they shall be allowed the
usual commissions for so doing.
XVll. Aiid, be it further enacted by the authority aforesaid. That all the
p ... public arms which now are or hereafter may be purchased on behalf of this
bedistiilmted. State, shall, by order of his E.xcellency the CTOvernor, be equally distributed
among the several brigades of militia of this State ; and that the several
and respective brigadier generals may allow the said arms to be sold for
costs and charges among the men of his and their brigades, and cause
the money arising from such sale to be paid into the public treasury, to be
appropriated for the purchase of other arms, to be distributed in manner
aforesaid : Provided nevertheless, that no one man shall be permitted to
purchase more than what shall be sufficient to arn) himself of the arms
aforesaid.
XV III. And belt further enacted by the authority aforesaid, That the
~ several and respective tax collectors in the State shall place their warrants
Tax execu- , 1 i i n i i ,- i p ,- i •
tioiia to be against any person or persons who shall make detault or payment ot their
lodged with taxes, for collection in the hands of the sheriffs, or coroners when the she-
coroners. ° *''ff is interested, of the districts respectively, and in the hands of no other
person or persons whomsoever; and the sheriffs and coroners shall be enti-
tled, on the service of such warrants, to the usual mileage for the service of
executions.
XIX. And be it enacted by the authority aforesaid. That the tax collec-
CoUectors to tors shall take the sheriffs or coroners receipts for such executions as shall
take receipts have been issued for taxes, which they shall respectively produce in settle-
Uons"*^'' "™"' '"^"'- ^^'''^ ''^® treasurer: and it shall be the duty of the treasurer to trans-
mit to the comptroller, without delay, a certified copy of all such receipts,
to the end that the comptroller may be enabled to inspect the conduct of
the sheriffs and coroners.
XX. And whereas, sundry borrowers of the paper medium loan have
not paid the interest due on the sums borrowed by them, and sales have
been made of the lands mortgaged to secure said loan, and the treasurers
have bought in the said lands for defect of bidders, and the same remain
as the property of the State, unproductive ; Be it therefore enacted, by the
Lands bought authority aforesaid. That the treasurers aforesaid shall be, and they aie
in by the treas- jjgreby, authorized and directed to cause all the lands bought in as afore-
per medium said to be put up to sale in the districts in which they severally lie, by the
loan to be sold, sheriffs of the said distr'icts, on a public sale day, after giving three months
notice thereof, and shall sell the same to the highest bidder, who shall pay
one-fourth part of the purchase money in cash, at the time of the sale, and
the remaining three-fourths in one and two years ; for the performance of
whrch he shall give his bond and mortgage of the premises, and also per-
sonal security, to be approved of by the sheriff and three commissioners
residing in such district, to be nominated by the treasurers. Provided,
no sale of the mortgaged lands shall take place when any person interested
in the same shall, previous to the day of sale, tender one-third part of the
sum due, together with expenses incurred, and give bond, mortgage and
security, as is heiein before directed, for the balance due, payable in one
and two years ; and that the said mortgaged property shall thereupon vest
in the [)arty so paying and giving security as aforesaid.
XXI. And be it enacted liy the authority aforesaid. That the comptrol-
ler general is hereby authorized and required to cause all the lands which
are mortgaged to the public, except the lands contemplated in the clause
OF SOUTH CAROLINA. 457
immediately i)ieceding, to he put up to sale in the districts wljere they le- A.D.lsua.
spectively lie, by the sheriffs of the said districts, on a public sah- deny, after ^•^''^'"'^^
three months public notice thereof; and the same shall be sold to the Lands luoii-
highest bidder, under the directions of commissioners to be appointed by Si^Keu to the
the comptroller and approved of by the Governor or Commander-in-chief sold, and may
for the time being. And the comptroller shall furnish the commissioners •"= l)id in on
aforesaid with the amounts of the debts for which the said lands are "iort-g'(^°"_" °
gaged; and it shall and may be lawful for the said commissioners to cause
to be bid in, on account of the State, any of those lands which may not be
bid up to the amount of the debt for which they may have been mortgaged,
or which they think have not been bid to their value. Provided, that in no
case shall the commissioners aforesaid be authorized to bid in any such
lands, on accnunt of the State, to an amount greater than tbe debt for which
they may have been mortgaged, with interest calculated thereon.
XXII. And be it cnacled by the authority aforesaid. That all lands here-
tofore mortgaged to the Stale, which have been exposed to sale for de- M"i'tgaged
fault of payment, and have been bought in for the State, by the directions j^'",^ 1^°"^^^
of the comptroller general or commissioners thereunto aalhorized by law, oi ilip State to
shall be, under the direction of the said comptroller, sold to the highest ^"^ ^°'''-
bidder, by the sheriti's of the districts wherein the lands respectively lie,
upon the terms, credits and conditions heretofore established bylaw. And
where the amount of the sales, as abive directed, shall not satisfy and dis-
charge the debt, with interest thereon, due to the State, the comptroller |yj(„.fgu„fg
general shall proceed to sue and recover from the principal and securities and securities
to the bonds given by the mortgagors of the said lands, the balances which '° ^"°
may be respectively due thereon.
XXIII. And be it furl/ier c««r/e<Z by the authoiity aforesaid, That the
right and title of tbe State in all lands for which grants have passed the
proper offices, and have been signed by the Governor of the State for the The right of
time being, but which have not been delivered to the grantees for default "'^ S.""^ i"
of payment of the purchase money reserved by law to the State, shall be^Q^g^plI"
sold at public sale, in the same manner, and upon the same terms, credits
and conditions, as the lands last hereinbefore mentioned. Provided always,
and be it enacted by the authority aforesaid, that it shall and may be law-
ful for tbe person or persons in whose names any grant of land has been
made out as aforesaid, at any time before the first day of October next, to 9'',"'"""' '? '"',
I , , If 1 1 ■ , • 1 delivered to the
tender ana pay the money due lor such grant, and to receive the said giant, owni^rson their
which the secretary of the State is hereby authorized to deliver, upon theP".""'? the
party's producing a ceitificate, from one of the treasurers, that the payment J",°"^-^q
has been made. Provided, that the quantity of land contained in such
grant shall note.-iceed six hundred and forty acres : and provided also, that
all grants heretofore made, and not containing more than six hundred and
forty acres, shall not be affected by the grants so retained for want of the
payment of the bounty money.
XXIV. And be it further enacted hy the authority aforesaid. That the
comptroller shall be, and he is hereby, authorized and directed to pay the '-''""t"™"^''.
specie certificates, chargeable on the respective estat(;s comprised in the ppode certi"i-
preceding clauses of this Act, so far as the funds of such estaies respec- f atec.
lively, already in the tieasury, added to the sum at which said estates re-
spectively have been, or may be, bought in, shall amount to.
XXV. And be it further enacted by the authority aforesaid. That in all
cases where any sheriff" of this State shall have heretofore legally sold, '""'ft^'^^^'exlcme
hereafter shall legally sell, any tract or tracts of land, and such sheriff' is titles to land
now dead, resigned, or removed from office, or hereafter shall die, resign, ^"'"^ ^y '»'■"">''
or be removed from office, before such sheriff" shall have made and execii-
VOL. v.— 58.
Moi
thiy re-
jtor
s to be
mad
e bv the
treasurers to
the
coinptrol
ler.
Treasurers,
■458 STATUTES AT LARUE
A. U. 18113. ted title tlievefur to the purchase!-, it shall and may be lawful to and for the
^~^'~^^~^^ succei^or in office of such sheriff" upon the terms of such sale being com-
plied with, to make and execute good and sufficient title to the purchaser,
for the land so sold.
XXVI. And be it enacted by the authority aforesaid, That it shall be
the dutv of the treasurer, in the monthly reports which ho is required to
make to the Comptroller, to state the amount of all the sums of money
which he shall or may receive or pay away on behalf of the State, particu-
larizing the person and his office, of whom he receives, and to whom he
pays, as well as oti what account he has received, and for what purposes
he has paid, such sums.
XXVII. And be it enacted by the authority aforesaid. That it shall be the
Hhe"n req'iured J^ty of the treasurers, at any time when required iiy the comptroller, seve-
to state the rally and respectively, to produce to him a satisfactory statement of the
"'""""' °'^'^^*'' cash on hand ; and shall promptly furnish him with official information,
duly certified, whenever apjjlied to to do so, relative to any matter con-
nected with the revenue and finances of the State, of every denomination
and description, within their seveial and respective departments and di-
visions.
Salaries to be XXVIII. And be it enacted by the authority aforesaid. That it shall be
paid quarterly, the duty of the tieasurers to ]iay the salaries of all public officers on the
civil list quarterly, and not earlier.
XXIX. And be it enacted by the authority aforesaid, That it shall be the
Accounts to be j]yt f the treasurers, and they are hereby directed, severallv, to raise an
rai-ed for mo- •' . , i i • • ,• i "i
ney nppropria- account in the treusury books, in every instance, tor the several appropria-
•s''- tions made by the legislature, so that the appropriations of money and
apy)lication thereof conformably thereto, may appear clearly and distinctly
on the treasury bonks.
, XXX. And be it enacted by the authority aforesaid. That the treasurers
Accounts to be shall, forthwith, open, in their respective books, an account in the name of
opened forall the State of Soutli Carolina ; in v\hich account they shall enter the amount
sums unuppro- „f ^j] gumg now in the treasury unappropriated ; and in like manner shall
enter all sums of the same nature that shall hereafter be received by them
respectively ; which sums are hereby placed under the superintendence of
the comptroller, to be applied, at such times and in such manner, for the
purposes afniesaid, as he and the standing committee of the legislature
shall, in their discretion, think fit, by drafts to he made by the complioller
on the treasury; and the said comptroller is hereby required to render,
annually, to the legislature, a full account of his transactions.
XXXI. A>td. be it enacted by the authority aforesaid. That the se-
ta3rcol'lecto°s purities of the several tax. collectors, who may lie hereafter appointed in
this State, shall be approved of by the commissioners who approve of the
securities given by the sheriffs of the several districts in which they are
appo inted lespectively.
XXXII. And be further it tnacted by the authoiity aforesaid, That in
''"*?^^'.'"?^™' future the tax collector of Barnwell district be authorized to receive and
collect all the taxes within the limits of the said district.
XXX III. And be itfurther enacted by the authority aforesaid, That all acts.
Repealing clauses, provisions and parts of acts, repugnant or contrary to the true
clause. intent and meaning of this Act, be, and the same are hereby, repealed.
In the Senate House, the sevenlocnthdny of Decemher, in the year of our Lord one thou-
sand eight hundred and threr. and of the Independence of the United States of
America the twenty -eighth.
JOHN GAILLAKD, rre.^ident of the Senate.
\ ROBERT STARK, Sjicaker of the House of Representatives.
OF SOUTH CAROLINA.
AN ACT TO AunioRizE the production of Opfic:; Coi'ies of Grants No. 18C5.
I.\ EVIDKNCC, UND1;R CERTAIN KESTi<ICTIONS.
WHEREAS, the courts of law in this State have decided, that office
copies of grants of land cannot be produced in evidence, without first prcBnible
proving the loss of tlie origmals, by reason whereof many of the good citi-
zens of this State are placed in the hazard of losing their lands, although
justly entitled to thera, because, during the revolution a very large portion
of the citizens lost a part, and in many instances the whole, of iheir titles,
deeds and papers ; and others have, by accident, lost their original grants.
And whereas, it generally has been difficult, and it is daily becoming more
difficult, to prove such loss, because tlie witnesses capable of proving the
same are already dead or far advanced in life :
I. Bi; it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the office copies of
autliority of the same. That it shall be lawful, at any time hereafter, m grmts to be
every court of this State, for any party, plaintiff or defendant, to produce*^' '^'"'®'
in evidence, a copy certified by the Secretary of State and surveyor-gene-
ral, of any grant and plat of land issued under the authority of this State,
or certified copies of grants, under the authority of the State of North
Carolina : Provided, that the person or persons so applying to produce an
office copy of a grant in evidence, swear that the original grant is lost, de-
stroyed, or out of his, her or their power to produce ; and that he, she or
they, have not destroyed, mislaid, or in any way willingly, previous to that
time, put it out of his, her or their power to produce the same, with an in-
tention to produce an office copy of the same in evidence : And provided
also, that nothing herein contained shall be construed to depiive any party
in possession of the original grant, of any advantage he would have had or
derived from possessing the same, in case this Act had never been passed.
In the Senate House, the seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and three, and of the Independence of the United States of
America tlie twenty-eiglitli.
JOHN GAILLARD, President of the Senate.
ROBERT STARK, Sjieaker of the House of Representatives.
AN ACT TO AUTHORIZE RicHARD Andki;ws Rapley, Julius Nichols, No. 1806.
Henry Wilson and John Bowik, to sell and dispose of all the
Lands, Town Lots and Buildings of the College of Cambridge.
WHEREAS, it hath been represented by petition, that the surviving
trustees of the College of Cambridge find it impossible to form a boanl,
in consequence of the death, removal, and remote residence of some of the
trustees :
L Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au-
thority of the same. That Richard Andrews Rapley, Julius Nichols, Henry
460 STATUTES AT LARGE
A. D. 18(13. VVilsoti and Jdliu Bowie, be, and they are hereby, authorized and empow-
'-■^'"^'^"^~' ered to sell and dispose of all the lands, town lots, buildings, and other pro-
perty belonging to the college of Cambridge, on a credit of one and two
years ; and to pay and discharge all the debts, dues and demands which
may be due and owing by the said college ; and to apply the surplus, if any
there should be, towards the establishment of grammar schools within the
district of Abbeville.
In the Senate House, the seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and three, and of tlie Independence of the United Slates of
America tlie twenty-eighth.
JOHN GAILLARD, President of the Senate.
ROBERT STARK, Speaker of the House of Representatives.
No. 1S07. AN ACT directing the Secretary of State to give up the bond of
Thomas Gough, given for building and keeping in order a Bridge
over Pon Pon River at Jacksonborough, and to vest the Ferry in
Leslie Gough, for fourteen years.
(Passed December 17, 1803. See last rohime.)
No. 1808. AN ACT to continue for fourteen years an Act entitled "An Act
to incorporate certain Mechanics, Manufacturers and Handicrafts of
the City of Charleston, by the name of the Charleston Mechanic
Society ;" and to alter and amend the same.
(Passed December 17, 1S03. See last volume.)
No. 1809. AN ACT appointing Commissioneks to kun out the lines of the
SEVERAL Election Districts thekein mentioned ; and to ascertain
the dividing line between Orange and Winton Counties.
WHEREAS, the dividing lines between the election districts of Saint
Preamble. Matthew's and Saxegotha have never been ascertained and marked out,
by reason of which great inconveniencies have arisen, the managers of
elections not knowing whose votes to receive, and in carrying into execu-
tion the road laws of this State :
1. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
Commissioners authority of the same. That Alexander B. Stark, John Hill, Doctor Jamie-
son, Jacob Rumph, Jr. and Benjamin Hart, be, and they are hereby
appointed, commissioners, and they, or a majority of them, are hereby in-
vested with full power to run, iiinrk out, and blaze the same, in the follow-
OF SOUTH CAROLINA. 46]
ing manner, that is to say: the old dividing line between the parishes of A. D.1803.
St. Matthew's and Orange shall be continued until it strikes Beaver ^-^■"^/'"^w
creek, if the same can be found ; otherwise a line shall be run from the
head of Four Hole Swamp, N. 45'^ W. until it strikes Beaver creek on its
main branch ; and shall be known and considered as the dividing line be-
tween the said parishes of St. Matthew's and Orange ; and Beaver creek,
from where the said line strikes its main branch, down to its entrance into
the Congaree river, shall be the dividing line between St. Matthew's and
Saxegotha. The dividing line between Orange and Saxegotha shall com-
mence where the line dividing St. Matthew's from Orange parishes shall
strike the main branch of Beaver creek ; and the old dividing line, if it can
be found, shall be pursued ; otherwise it shall run from thence S. 54'^ W.
until it strikes the road in the fork of Edisto leading from Orangeburgh to
Cambridge, and (for the purpose of ascertaining the line between Oi ange
county and that part of Winton county which lies north of South Edisto,)
from thence the same course until it strikes South Edisto river.
n. And be it further enacted by the authority aforesaid, That the said
commissioners, or a majority of them, shall proceed in running out the Their powers
lines aforesaid, on or before the first day of June next, and that they em- ^"'' •'"''^s-
ploy a surveyor to run out, and persons to blaze the same, on the most
reasonable terms they can, to be paid by the State ; and that they return a
plot thereof into the surveyor general's office of this State, who is hereby
directed to record the same, and file the original in the secretary's office
at Columbia.
in. And be it further enacted by the authority aforesaid, That the lines
so run out shall be hereafter the limits of the parish of St. Matthew's or
Lewisburg county, and Orange parish or county, and Lexington county ;
and the tax collectors, commissioners of the roads, and other officers, shall
notice the same as the limits of their respective precincts.
In the Senate House, tlie seventeenth day of December, in the year of our Lord one
thousand eight hundred and three, and of the Independence of the United States of
America the twenty-eightii.
JOHN GAILLARD, President of the Senate.
ROBERT STARK, Speaker of the House of Representatives.
AN ACT TO AUTHORIZE THE TREASURER AT COLUMBIA TO DELIVER No. 1810.
TO William Zimmrrman the ckrtificates therein mentioned.
WHEREAS, William Zimmerman, by his petition to the legislature,
hath set forth that on the twenty-eighth day of July, in the year of our
Lord one thousand seven hundred and ninety-nine, he caused to be regis- „
tered in the books of the treasurer at Columbia two indented certificates
of this State, of the tenor and descriptions following, that is to say : one
certificate granted to Shadrach Williamson, for eight pounds eight shil-
lings and ten pence one farthing ; the interest of which, calculated to the
first of October, one thousand eight hundred, amounting to seven pounds
seven shillings and one penny three farthings ; one other certificate,
granted to Samuel Perritt, for four pounds nineteen shillings and
three pence halfpenny, with the interest calculated to the time aforesaid,
amounting to four pounds thirteen shillings and seven pence three farth-
462 STATUTES AT LARGE
A. D. 1803. ings. And whereas, the said William Zimmerman hath stated to the
^-^^^""^^ legislature that he hath lost the original certificates aforesaid, and prays
that the treasurer at Columbia be authorized and directed to deliver to
him new certificates of the descriptions of those so by him as aforesaid
lost :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
Treasurer to authority of the same, That the treasurer at Columbia be, and he is here-
certificates to by> authorized and directed to deliver to the said William Zimmerman two
Wm. Zimmer- newcertificates of the descriptions of thfise above mentioned, in lieu of those
"'""■ so by him as above mentioned, said to be lost. Provided, that the said
William Zimmerman shall, before he be permitted to receive such new
certificates, give bond with security, to the treasurer, to indemnify the State
against the demand or demands of any person or persons hereafter holding
and possessing the said original certificates, and against any claim or claims
against the State on that account.
In the Senate House, tlie sevenlepntll day of December, in the year of our Lord one thousand
eight hundred and three, and of the Independence of the United States of America
the twenty-eighth.
JOHN GAH^LARD, President of the Senate.
ROBERT STARK, Speaker of the House of Representatives.
No 1811. AN ACT to alter part of an Act entitled " An Act respecting Slaves,
Free Negroes, Mulattoes and Mestizoes; for enforcing the more punc-
tual performacce of Patrol duty ; and to impose certain restrictions
on the emancipation of Slaves."
(Passed December 17, 1803. See last vo/unic)
No. 1812. AN ACT to amend an Act entitled "An Act establishing a Tobacco
Inspection in the City of Charleston."
(Passed December 17, 1803. See last volume.)
No. 1813. AN ACT TO alter the place op holdi:vg Elictions for Members
OF THE Li:gislature, in the Election Districts therein men-
tioned.
WHEREAS, by the Act of Assembly passed on the seventh day of
March, in the year of our Lord one thousand seven hundred and eighty-
Prearab o. j^j,^g^ ^^^ managers of the elections for members of the Legislature for the
parish of Christ Church, shall hold the same at the house of James Gotier
OF SOUTH CAROLINA. 463
Eden ; but by reason of the death of the said James Gotier Eden, the oc- A. 1). 1803.
cupation of the said house has become abandoned, and the holding of elec- ■-<''"y~«w^
tions at the same inconvenient :
I. Be it. Iherrfore enacted, by the honorable the Senate and Honse of
Representatiues, now jnet and sitting in General Assembly, and by the
authority of the same. That in all future elections for members of tlie ^'""^."^ *""'
legislature for the parish of Christ Church, the managers of elections shall ti'o„sm Christ
hold and conduct the same at the Independent Church in the said parish, Church parish,
on the first day of the said elections, and at the Episcopal Church in the
said parish, on the second day of the said election.
II. A)id he it further enacted by the authority aforesaid. That so much
of the said above recited Act as relates to the holding of elections in and
for the parish of Christ Church, be, and the same is hereby, repealed.
III. Be it furtlier enacted by the authority aforesaid. That all elections
for the district of Fairfield, for members of the Senate and House of Re- Fair6eld dis-
presentatives, shall, in future, be held on two and the same days, at Fair-"'^'''
field court-house, and at the house at present in the occupation of Ezekiel
Wooley, at a plantation called Sutton's Old Place; and managers shall be
appointed for holding the elections at each of the places aforesaid ; and
the suid managers shall meet, the day after, at the court-house of Fairfield,
to count over the votes and declare the election.
IV. Be it enacted by the authority aforesaid. That all elections for
the district of York for members of the Senate and House of Represen- York district,
tatives, shall, in future, be held on two and the same days, at the three fol-
lowing places, that is to say ; at York court-house, and at the house of
William Elliott, on the Indian land, and at Dill's mill, on King's creek.
And managers shall be appointed for holding the elections at and for the
places aforesaid ; and the said managers shall meet, the day after the said
elections, at the court-house for York district, to count over the votes and
declare the election.
V. And be it e?iacted by the authority aforesaid. That so much of
an Act passed the seventh day of March, one thousand seven hundred Williamsburg,
and eighty-nine, be, and the same is hereby, repealed, so far as relates to
fixing the general election at Kingstree and the house of George White, in
Williamsburgh election district.
In the Senate House, the i^eventeenth day of Deceinl)er, in the year of our Lord one thou-
sand eight hundred and three, and of the Independence of the United States of
America the twenty-eighth.
JOHN GAILLARD, President of the Senate.
ROBERT STARK, Speaker of the House of Representatives.
AN ACT to alter and amend the several Acts respecting the importa- No. 1814,
tion or bringing into this State, from beyond seas, or elsewhere,
Negroes and other Persons of Colour; and for other purposes
therein mentioned.
(Passed December 17, 1803. See last volume.)
STATUTES AT LARGE
No. 1815. AN ACT TO aid the kstablishment of the South Carolina College;
AND to amend an Act ENTITLED " An Act to establish a College at
Cohnnhia."
I. Be it enacted, by the Iionoiable the Senate and House of Representa-
tives, now met and sitting in General Assemely, and by the authority of
the same, That if at any stated or other meeting, to be held by tlie trustees
of the South Carolina College, any less number than a quorum, as estab-
lished by the said Act, shall attend, the members so attending shall have
power to appoint a chairman, and to meet and adjourn, from time to time,
as the majority shall think fit.
II. And he it further enacted by the authority aforesaid, That if at any
stated or other meetmg of the said board, the president shall not attend, it
shall and may be lawful for the number of eleven at a stated meeting, or
the number of seven at an occasional meeting, to elect a president j'^"
tempore ; and the meeting so constituted shall be vested with all the powers
which an occasional or stated meeting may respectively exercise ; any
thing in the said Act to the contrary notwithstanding.
III. And whereas, sundry persons, proprietors of those two squares of
land situate upon and circumscribed by Medium and Pendleton, Sumter
and Bull streets, have signified their assent to relinquish to the said trus-
tees their right and interest in the said two Squares, upon being compensa-
ted by an exchange of other lands, or otherwise ; Tie it further enacted by
the authority aforesaid, That the commissioners of the town of Columbia
shall convey and assure to the said trustees, the said two squares of land,
or so much thereof as the purchasers shall voluntarily relinquish ; and
shall make such compensation to the said purahasers, by exchange or
otherwise, as shall be agreed upon by and between them and the said
purchasers ; and that it shall be lawful for the said trustees to enclose the
said two squares, with the squares lying next to the southward thereof, in
one enclosure, notwithstanding the intervening streets.
Trustees meet-
ing, altliough
not a quorum,
may transact
business.
In the absence
of the president
trustees may
appoint a pre-
sident pro tern.
Two squares
of land to be
conveyed to
the trustees.
In tiie Senate House, the seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and three, and of the Independence of the United States of
America the twenty-eighth.
JOHN GAILLARD, President of the Senate.
ROBERT STARK, Sjteaher of the House of Rejnesentatives.
No. 1S16. AN ACT to relieve the inhabitants of Charleston district from the uneijual
duty of serving on Juries, and to make their duty uniform with that
of the citizens of other districts.
(Passed December 17, 1803. See last volume.)
OF SOUTH CAROLINA.
AN ACT TO AI.TF.R AN1> AMEND AN AcT F.NTITLKU " A/l Act conCfrtling No. 1817.
Est rays."
WHEREAS, the present Act entitled " An Act concerning Estrays," Preamble,
is tound to be inconvenient :
I. Be it tlicrcfore enacted, by the honorable the Senate and House of
Repiesentatives, now met and sitting in General Assembly, and by the
authority of the same, That from and after the passing of this Act, if any Estrays taken
estray shall be found wandering in or about the plantation of any freehold- ^.,',|!,jj,gj ^^j
er or settled resident, he, she or they are hereby authorized and empow- appraised.
ered to take the same into possession, and shall advertise the same within
three days thereafter, in three or more public places in the said county or
parish wherein the said persou or persons, so taking up the said estray,
may reside ; and the said person or persons shall, within ten days after ad-
vertising as aforesaid, take such estray to the nearest magistrate ; excepting
hogs, sheep, neat cattle or goats, which shall be appraised at the place ta-
ken up. And the said magistrate shall cause the same to be appraised, on
oath, by three pioper persons in the vicinage, who shall certify such their
appiaisement under their hands ; which certificate shall also contain an
accurate description of the colour, size, age, bi'ands and marks, of said
estray; all which bi'ing d'lne, the said magistrate shall enter the said cer-
tificate at large in his toll book ; and shall, within ten days thereafter, send
a duplicate of the said certificate to the clerk of the court of the district in
which the said estray shall be taken up; except in the districts of Charles-
Ion and Beaufort, who shall enter the same at large in a book to be kept
by him for that purpose, which shall always be subject to the examination
of any person requiring to examine the same. And for making the said Compensation
entry, for each horse, mare, ass and mule, shall receive fifty cents ; and for!." ™»fis'™;e3
each head of neat cattle, and for each head of hogs, and sheep or goats, he
shall be entitled to receive twelve and a half cents, to be paid him by the
person who shall take up the same.
n. And he it enacted by the authority aforesaid, That where no owner
shall appear and prove his property within six months after the posting up
the advertisement aforesaid, it shall be lawful for the magistrate before ^'l'.''''-^''.'° ''^
whom such estray shall be brought, and he is hereby required, to cause the claimed within
same to be publicly advertised for ten days, and sold on a credit of six six niontha.
months; and the purchaser shall give his note, with approved security, to
the magistrate, in the name of the commissioners of the roads in the dis-
trict or parish wherein such estray shall be taken up ; which note the said
magistrate shall deliver immediately to the said commissioners of the roads
for the parish or district in which such estray shall be taken up, who shall
have power, in default of payment, to sue for and recover the same. And
provided, any person doth put in a just and lawful claim to such estray at
any time after the sale and before the note becomes due, the commissioners
of the roads are hereby directed to give up the note to the claimant, on his
paying the customary fees ; but if no such owner shall appear, the com-
missioners of the roads shall cause ihe amount of the same to be collected,
and appropriated to the repairs of the high roads and bridges in the dis-
trict, county or parish where such estray shall be taken up. And in case
any part of the monies aforesaid remains unappropriated, in the hands of
the commissioners of the roads, they shall pay over the same to the com-
missioners of the poor.
III. A7)d be it enacted by the authority aforesaid, That all stray horses,
VOL. v.— 59.
40G STATUTES AT LARGE
A.U.m):i. asse.s iinj mules, besides tlie atove nutice, shall bo advertised m the ga-
zette nearest to the place where such estiay shall be taken up, for which
the jjiinter shall be entitled to one dollar, which shall be paid by the taker
up of such estrays, or taken out of the sales of the same. And for all
other eatrays, the notice required in the first clause above shall be suffi-
cient.
1\'. A//d />e // enacted hy the authority aforesaid. That the magistrate
shall be allowed three quarters of a dollar, and no more, on any horse, ass
Compensaiioii or mule, concerning which he shall proceed as afmesaid ; and the same on
and"constabl?8. ^ ''^"' "^^ ^"y ot'i^r estrays ; but on a single estray of the kind last men-
tioned, he shall have one quarter of a dollar ; and the constable employed
by the magistrate shall receive half a dollar for every estiay by him sold ;
except for neat cattle, hogs, sheep or goats, for which he shall receive ten
cents, and six cents for every mile which he shall necessaiily ride while
employed as aforesaid, about any estray ; the same to be paid by the own-
er, or from the monies collected on the notes aforesaid.
V. Be it enacted by the authority aforesaid. That if any person or
persons shall take up any horse, mare or gelding, ass or mule, he, she or
up may be put 'l^ey may be allowed to put them to modeiate labour, as a compensation
to moderate la- for keeping the same ; and shall be liable to an action for damages by thu
■ owner of any such estray, for any abuse thereof, if the said owner shall
claim the said estray within the time prescribed in this Act.
VI. And be it further enacted, That each and every person who shall
take into his or her possession, any estray, and neglect to pursue the di-
Penalty fornot rectious of this Act, Or shall convert to his or her use any such estray,
pursuing the shall be liable to a fine of twenty dollars, to be recovered, upon information,
directions of . ^ r ,,.•'..,.. „ , • i ■ o
this Act. '" 3"y court oi record having jurisdiction of the same, in this State, to
be given to the informer ; and shall also be liable to an action on the case
by the owner of any such estray, for damages, notwithstanding.
[n the Senate House, the seventeentli day of December, in the year of our Lord onr
thousand eight hundred and tliree, and of the Independence of the United States of
America the twenty-eighth.
JOHN GAILLARD, President of the Senate.
ROBERT STARK, Speaker of the House of Represeniatives,
No. 1818. AN ACT to authorize the selling of the several Court Houses
AND Gaols thekei.n mentioned.
WHEREAS, by the abolition of the county courts heretofore establish-
ed in this State, the court houses and gaols, before that time erected in the
several counties, for the use thereof, became, in many instances, of no use
, , or public utility ; and whereas, also, the officers of the said county courts
Preamble. r , , ,• • , r ■ • i i • i 'j
had, at the abolition thereot, in many instances, demands against tlie said.
counties, for services performed, unsatisfied, for which hitherto there has
been no provision made :
I, Be it therefore enacted, by the honorable tlie Senate and House of
Sheriffs an- Representatives, now met and sitting in General Assembly, and by the
pu'bl'ic''bu\'ld^-^'' authority of the same, That the sheriffii of the several districts within this
Ings. State, in which are any court houses, gaols, or other public buildings, lato
OF SOUTH CAROLINA. 167
the property of any county court of tliis State, not at present occupleJ, nor •'^- '*■ ""'''•
in any wise made use of by any of the piesent district courts within this ^-^"'""^^^
Stale, nor in any other njanner disposed of by law, except Lancaster and
Fairfield, and also except the court house and gaol of Newberry, be, and
they are hereby, severally authorized and required to expose to public
sale, on some public sale day, in like manner as if the same had been levied
upon by 9. fieri facias, the said several court houses, gaols and other public
buildings, within their respective districts as aforesaid, upon a credit of
twelve months ; the purrliaser givmg bond, with sufficient security, to l)e
approved of by the sheriff of such districts, payable to the treasurers of the
said State f'>r the time being, or their successors in office.
11. And be it further enacted by the authority aforesaid. That eacii and ev-
ery of the said county court officers of the counties in which such building Compiiqllcr to
or buildinsjs shall as aforesaid be sold, havinar anv demands for services per- ^'^"''; "'^i
r- T ^n 1 1 • c 1 1 • I! n 1 11 county- otticers.
termed under the authority 01 the said county courts, unsatisfied, shall
cause to be laid before the comptroller general a fair and accurate state-
ment of such demands, certifi(>d from the records of the said county courts
by the keeper thereof, and accompanied with an affidavit of such officer,
that such account is just and true, on or before the first day of October
next. And the said comptroller general shall, and he is hereby directed
to, examine all such accounts, and should he be satisfied of their authen-
ticity, to direct the treasurers of the said State, or either of them, in whose
hands, possession or power, are any of the monies arising as aforesaid
from the sales of the said courthouses, gaols and other public buildings, to
pay and satisfy all such accounts so audited and passed by him as afore-
said, as far as the said monies will extend : Provided, that the monies so
to be drawn from the treasury, and paid as aforesaid, arise from the sale of
the public l)ui!dings in such district in which such demand is due and un-
satisfied, and not otherwise.
in. And be it further enacted by the authority aforesaid, That should
there be, in any case, after satisfying every such demand as aforesaid, an Monies arising
overplus of monies arising from the sale of the pulilic buildings in any dis- f'"'"'''"*'*'? "f
trict as aforesaid, that such overplus shall be paid to the commissioners of [^^g l,o,,,
the poor for such district. But should there not arise from the sale of the appropriated,
public buildings in any district as aforesaid, a sufficient sum of money to
pay and fully satisfy all such accounts and demands of the officers of such
district as aforesaid, then and in that case it shall be the duty of the said
comptroller general, and he is hereby directed, to apportion the said monies
in average to the several demands certified and authenticated as aforesaid,
and direct the said treasurers, or either of them, to pay the several persons
having demands as aforesaid, their due average and proportions thereof.
IV. And he it further enacted, by the authority aforesaid. That all monies
arising from the sale of the gaol of the late county court of Fairfield, underjiouies arisiu»
this Act, shall be applied and paid towards the discharge of a certain bond '''O"' .'''.e s^'e
given by the justices of the late county court of Fairfield, to James Brown, "ani^how
for building the courthouse of the said county; any thing in this Act appropriated,
contained to the contrary thereof notwithstanding.
V. Whereas, the county court house and gaol in the district of Lancas-
ter have been sold bv the commissioners appointed to superintend the 1-='"'^'^^' "•"
,,.,.,,. „,*.,,.. , - 1 i . ^ , , . conn hunse
public buildings 01 the said district, and the monies thence arising remain and gaol.
in their hands unappropriated ; Tie it therefore enacted, by the authority
aforesaid. That the said commissioners shall immediately pay over all
such monies as are in their hands as aforesaid to the treasury of this State,
to be appropriated, under the direction of the comnlroller general, in the
468 STATUTES AT LARGE
A. 0.1803. sanie manner as is proviJed for the munios arising from the sale of the
^"^'"^''^ other county court houses and gaols in this State.
VI. And whereas, also, by the late arrangement of the districts of this
Sheriffs lo sell State, the couit houses and gaols of the former districts became, in
public build- many instances, useless and unnecessary to the administration of justice ;
Be it therefore enacted by the authority aforesaid, That the sheiiffs of the
several districts as at present established, in which are any such court
houses, gaols or other public buildings, heretofore occupied by the former
district courts of this Stale, but at present in no manner employed by any
of the district courts or courts of equity, shall cause the same to be sold, in
the same manner and upon the same terms as aforesaid, and the monies
Exception. thence arising to be paid into the tieasury of this State; except the house
built at Pinckneyville, for the gaoler of Pinckney district, the right of
which is hereby vested in Elizabeth Bankhead and her heirs, forever.
In the Senate House, the seventeenth day of December, in the year of our Lord one ihuusund
night hundred and three, and in the twenty-eighlh year of the Independence of the
tfnitod ritatesof America.
JOHN GAILLARD, President of the Senate.
ROBERT STARK, Spcaher of the House of Representatives:
No. 1819. -•IjV ACT FOR rue better kegulating the Streets and Markets in
THE TuWN OF \Vl,\^SHoRnLGH ; AND FOR OTHER I'UurOSES THEREIN
MENTIONED.
WHEREAS, the inhabitants of the town of W'innsborough have, by
Preamble, their petition to the legislature of this State, set forth, that the powers vest-
ed in the commissioners of the streets of the said town, by the Act of As-
sembly, passed in March, one thousand seven hundred and eighty-seven,
are not sufficiently extensive and complete, and not fully calculated for
the well governing and regulating the streets and markets of the said town.
And whereas, the inhabitants of the^said town have, in their said petition,
prayed the repeal of the said law :
1. Be it therefore enacted, by the honorable the Senate and House of
. Representatives, now met and sitting in General Assembly, and by the
hefd for"com- authority of the same. That on the first Monday in April next, and on the
niissioners. first Monday in April in every year thereafter, an election, by ballot, for
five commissioners of the streets and markets, shall be held at some con-
venient and public place in the town of Winnsborough, and that all free
white male inhabitants of the said town, of the age of twenty-one years,
who have been citizens of this State for two years, and who have resided
in the said town twelve months previous to the said election, shall be en-
titled to vote for the said commissioners ; and that James Becket and Wil-
liam M'Creight shall be, and they are hereby appointed, managers of the
first election ; and are hereby directed to conduct and manage the said
election, and proclaim the same, and give notice in writing to the persons
elected of their appointment.
n. And. be it further enacted by the authority aforesaid, That the com-
missioners so elected as before directed, or any three of them, siiall have
power to appoint managers for each succeeding election of commissioner.^
OF SOUTH CAROLINA. 469
of the town of Winnsboiough. And in case of the death, resignation or A. D. 1803.
removal out of town, of any commissioner, the said commissioners shall ^-^'^^'^^^
have full power, and they are hereby directed, to appoint a day for, and Manajers of
managers to conduct, the election for another commissioner to fill such va- ^"'="'?'''''"g
cancy occasioned as aforesaid. And it shall be the duty of such mana- pJin't'ed.*^''"
gers to give ten days notice, at least, previous to such election.
III. And be k further macted by the authority aforesaid. That the com-
missioners of the streets and markets of the said town shall be, and they Commissioners
are hereby, vested with all the powers, within the limits of the said town, ""^^^^^ "'''*> ^^^
, 11 1 ■ • f ^ T 1 . • , , powers of com-
tnatare by law vested m commissioners or the roads; and the inhabitants missioners of
of the said town shall be, and they are hereby, excused from workino' on '"^^s.
the public roads without the limits of the said town.
IV. And Ih' it farther enacted by the authoritv aforesaid. That the said ,,
• • 1 11 1 I . . 1- 11- /• May ffrant h-
commissioners shall have power to grant tavern licenses, and licenses for censes.
retailing spirituous li(juors, within the limits of the said town, and to re-
ceive the fees for the same.
V. And be it furtktr enacted by the authority aforesaid, That the said
commissioners shall have power to make, establish and pass, all such rules
and regulations, within the limits of the said town, as they may deem pro- ru?eV™id're
per and requisite for the promotion of the quiet and safety of the inhabi- lations.
tants of the said town, and for the regulation of the streets and markets,
public springs or fountains of water, and performance of patrol iluty, with-
in the limits of the said town : Provided, such rules and regulations be not
repugnant to the existing laws of this State or of the United States : and ^'^^ "'"-^ '""
shall have power to impose such nne or fines on any person or persons who escecdiu'^ 20
may infringe the by-laws, rules and regulations passed and enacted by the dollars,
commissioners. Provided, that no penalty or fine for one and the same
offence shall exceed twenty dollars ; to be recovered in any court having
jurisdiction.
VI. And- be it further enacted by the authority aforesaid. That the funds jj^^ ^.^^ {nnia
arising from the fines and forfeitures that may be incurred by the inhabi- arising from
tants from tavern licenses, and licenses for retailing spirituous liquors, shall *'"''* *"<! licen-
be applied in keeping in repair the market, and in keeping in good order applied.
the public springs or fountains of water, and in opening and keeping in
good order such streets in the town of Winnsborough as they shall judge
for the convenience and utility of the inhabitants of the said town, and for
the payment of the salary of a clerk of the market, and such other officers
as they may appoint to cany this Act into effect.
VII. And be it further enacted by the authority aforesaid. That so much
of the Act passed in March, one thousand seven hundred and eighty-seven, '''"^' "^ ^ '*"'"
which relates to the appointing and empowering commissioners of the pealed,
streets in the town of Winnsborough, shall be, and the same is hereby,
repealed.
VIII. And be it furtJter enacted by the authority aforesaid, That this law
shall be taken and deemed as a public Act in all courts of this State, and -pijjg ^^^ ^
given in evidence as such, without special pleading. public Act,and
IX. And be it enacted by the authority aforesaid. That this Act shall con- '" ^^°^ ''"■'=®
tinue and be of force for fourteen years, and from thence until the next
meeting and sitting of the legislature.
In the Senate House, the seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and three, and of the Independence of the United .States of
America the twenty-eighth.
JOHN GAILLARD, President of tfie Senate.
ROBERT STARK, Speaker of the House of Representatives.
STATUTES AT LARGE
No. IS20. AN ACT to incorporate the Town of Beaufort; and for other purposes
theiein mentioned.
fPassed December 17, 1803. Sec last volume.)
No. 18-21. ACT ACT to establish certain Roads and Ferries ; and for other
purposes therein mentioned.
(Passed December 17, 180-3. See last volume.)
No. 1822. AN ACT to raisb supplies pop. tuK year one thousand eight hun-
dred AND THREE ; AND FOR OTHER PURPOSES THEREIN MENTIONED.
I. Be it enacted, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same. That a tax, for the sums and in the manner hereinafter men-
tioned, shall be raised, and paid into the public treasury of this State, for
the use and service thereof.
II. And be it enacted by the authority aforesaid. That twenty-five
cents per centum ad valorem be paid in specie or paper medium on all
Kate of taxa- lands granted within this State, uiider the several regulations heiein-
tiou on lands, after expressed. Class No. 1 shall contain all tide swamp of the first
quality, not generally affected by the salts or freshes, which shall be rated
at twenty-six dollars per acre ; all tide swamp of the second quality,
not generally affected by the salts or freshes, which shall be rated at
seventeen dollars per acre; all tide swamp of the third qualitj', not gen-
erally affected by the salts or freshes, which shall be rated at eight and a
half dollars per acre ; all pine barren lands adjoining such swamps, or con-
tiguous thereto with respect to the l>enefit of water carnage, which shall
be rated at two dollars per acre ; all prime inland swamp, cultivated and
uncultivated, which shall be rated at an average of thirteen dollars per
acre ; all inland swamp of the second quality, which shall be rated at eight
and a half dollars per acre ; all inland swamp of the third qualitj', which
.shall be rateil at four dollars per acre; pine barren lands, adjoining or
contiguous thereunto, which shall be rated at one dollar per acre ; and all
salt marsh, or inland swamp, clearly proved to the collectors to be incapa-
ble of immediate cultivation, which shall berated at one dt)llar per acre.
Class No. 2 shall comprehend all high river swamps and low grounds,
cultivated and uncultivated, including such as aie commonly called second
low grounds, lying above the flow of the tides, and as high up the coun-
try as Snow Hill on Savannah river, and the fork of Broad and Saluda rivers
on the Congaree, Graves's Ford on the Watcree, and the boundary line on
Pedee ; the first quality to be rated at thirteen dollars per acre ; the se-
cond quality at eight and a half dollars per acre ; the third quality at four
dollars per acre ; excepting such as may be clearly proved to the coUec-
OP SOUTH CAROLINA. 471
tors to be incapable of immeJlate cultivation, which shall be assessed at A.D.1&03.
one dollar per acre. Class No. 3 shall comprehend all high river swamps ^■^'■~«'"^-'
and low grounds, lying above Snow Hill, the fork of Broad and Saluda riv-
ers, Graves's Ford on the Wateree, and the old Indian boundary line,
which shall be rated at three dollars per acre. Class No. 4 shall comprehend
all high lands without the limits of St. Philip's and St. JNIichael's parishes,
within twenty miles of Charleston, and on John's Island and James's
Island, which shall be rated at four dollars per acre. Class No. ."J
shall comprehend all lauds on the Sea islands, (Slann's island included,)
ir lying on or contiguous to the seashore, usually cultivated, or capable of
cultivation, in corn, cotton or indigo, not within the limits prescribed in cla.ss
No. 4, which shall be rated at four dollars per acre. Class No. 6 shall com-
prehend all oak and hickory high lands lying below Snow Hill and the fork
of Broad and Saluda rivers, Graves's Ford, and the new boundary line on
Pedee, and not included in the limits or description of the two preced-
ing: classes, numbers 4 and 5, which shall be rated at three dollars per acre.
Class No. 7 shall include all pine barren lands not included in the classes
numbered 1, 4 and .5, which shall be rated at twenty cents per acie. Class
No. S shall comprehend all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first
quality of which shall be rated at one and a half dollar per acre ; the
second quality, at one dollar per acre ; the third quality at forty cents
pel' acre. Class No. 9 shall comprehend all oak and hickory high
lands above the old Indian boundary line, the first quality of which shall
be rated at one dollar and twenty cents per acre ; the second at sixty cents
per acre ; and the third quality, at twenty cents per acre. Class No. 10
shall include all lands within the parishes of St. Philip's and St. Michael's,
which shall be assessed in the same manner and upon the same principles as
houses and lots in Charleston, and in a relative proportion to lands in the
country.
III. And be it enacted by the authority aforesaid. That fifty cents
per head shall be levied upon all slaves ; the sum of two dollars per
head on all free negi'oes, mulattoes, and mestizoes, between the ages ofgj^^^gg ^(,_ °
sixteen and fifty years ; and twenty-five cents ad valorum on every hun-
dred dollars of the value of all lands, lots and buildings within any city,
village, or borough ; and fifty cents per centum on all stock in trade, fac-
torage, employments, faculties and professions, (clergymen, schoolmasters,
schoolmistresses and mechanics excepted,) — to be ascertained and rated
by the assessors and collectors throughout the State, according to the best
of their knowledge and information ; to be paid in paper medium or specie.
IV. And, he it enacted by the authority aforesaid. That all negroes
and other slaves who are employed on any lands leased by any person or . .
persons of the Catawba Indians, shall be, and they are hereby made, lia- ed on Indian
ble to the payment of this tax. But nothing in this Act contained shall be lauds.
construed to impose any tax upon the property or the estate of any relisfious
society, or the South Carolina Society, the Winyaw Indigo Society, or the
Fellowship Society, or of the estate of the late Doctor De la Howe, devi-
sed for charitable purposes, and that part of the estate of the late Thomas Exceptions.
Wadsworth which was devised for the establishment of a school, or the Clar-
endon, or the High Hills of Santee, or the Camden Orphan Societies, or
the Columbia Academy, or the lands and funds owned by the Free School
at Dorchester, or the public lands held by the corporation of Charleston, or
of the lands and funds of any society applicable to the education or main-
tenance of public schools.
V. And be it further enacted by the authority aforesaid, That every person
472 STATUTES AT LARGE
A. D. 1803. entitled to any taxable property or estate in this State, who resides with-
^■^■"^^""^^ out the limits of the United States, shall, for the use of this State, pay a
double tax on the same. But this clause shall not be construed to extend
ble'wxeZ **''"^° tbe property of any person sent, or hereafter to be sent, abroad in the
employment of this State or of the United States, until one year after the
expiration or determination of his commission ; or to the property of any
young man sent abroad for his education, until he attains the age of twen-
ty-three years ; or the property of any person now absent from the United
States, unless such person has been absent for one year.
VI. And he it enacted by the authority aforesaid. That the tax coUec-
, „ , tors throughout this State shall receive no payment of taxes but in e;old
What shall be ., ». , . • .i.- o. . .1 J • j i
received for orsuver com made current in this btate, tlie paper mediums issued under
taxea. the authority of the Legislature, bank paper redeemable in the first in-
stance in gold or silver at the bank of the United States, the branch
bank thereof in Charleston, the bank of South Carolina, the State Bank,
or certain certificates for the pay of the members of the Legislature, or
the Solicitors, for their attendance on the Legislature.
VIL Be it enacted by the authority aforesaid, That the inslal-
T'me of nav- f"^"'''^ ^^ ^^^ paper medium which shall be due on the first Wednes-
mentof the pa- day in March next, shall not be rer|uired to be paid as directed by the Act
der medium, entitled "An Act for raising supplies for the year one thousand seven
hundred and ninety-four," but shall be paid on the first Wednesday in
March, which will be in the year of our Lord one thousand eight hundred
and seven. Provided, that no person shall be entitled to the benefit
of this clause who shall not give additional security, if required, to the
treasurer at Charleston, in all cases where he is not fully satisfied of the
sufficiency of the former security, and in all cases where default has been
made in paying what has heretofore been due, or which may be made in
paying the interest to grow due on the first day of March next.
VIIL And, be it enacted by the authority aforesaid. That the commis-
raissioners of the treasury shall be, and they are hereby, required to furnish
Copies of this copies of this Act, and of the Act supplementary to an Act entitled " An
nished. " -^^^ ^'^^ declaring the powers and duties of the enquirers, assessors and
collectors of the taxes, and of other persons concerned therein," to each of
the collectors appointed by law throughout this State, within one month
after passing this Act, and their reasonable expenses occasioned thereby
shall be reimbursed.
IX. And be it etiactcd by the authority aforesaid, That the comptroller
be authorized to recall or suspend the payment of his warrant for any
Miller and appropriations heretofore made for the payments due or to become due to
Miller and Whitney, any law to the contrary notwithstanding, until the
event of existing disputes between the State and the said Miller and Whit-
ney is concluded; and that notice be given to the public of this restiiction.
X. And he it enacted by the authority aforesaid. That if at any meeting
to be had by the comptroller general with the standing committee of
debt!"^"^^" ■ the Legislature, after a review of the funds of the treasury, it shall to them
seem convenient and proper to call in and redeem any portion or part of
the six per cent, debt of this State then in circulation, it shall and may be
lawful, and the comptroller general is hereby directed, to give three
months public notice that, on the first Monday in April next, such part of
the said six per cent, as may be agreed on to be redeemed, so as the same
does not exceed one half of the said six per cent, debt, with interest up to
that period, will be paid at the treasury in Charleston; and that no pay-
ment shall be made of the said reimbursement of the said six percent,
debt but to the proprietor or proprietors of the evidences of the debt, or
OF SOUTH CAROLINA. 173
their altornies, specially autborized for that purpose; and to prevcntfrauds ^■^- l^"-^-
upon the public, it shall be the duty of the treasurer to indorse on the back ^-<''"v~''»-'
of each stock cerlificate the amount of payments so to be made.
XI. And he it enacted, That the following persons be, and they areg,„i,jji,^ ^o,,,.
hereby appointed, a standing committee, to cairy into execuiion the pro-mittee.
visions of this Act, referred to them : the President of the Senate, the
Honorable W. A. Deas, John Blake, Theodoie Gaillard, John Dawson,
jr., and John Cords Prioleau.
XII. And he it enacted by the authority aforesaid, that each and every
enquirer, assessor and collector shall, on their enquiry for theii- return of Returns to be
taxes of this State for the year one thousand eight hundred and three, 1"'"''^'°''""^'''"
administer the following oath to all such persons as may be liable to pay oath. ' ''
the same, viz ; " I, A. B., do solemnly swear for affirm, as the case may be,)
that the account which 1 now give in is a just and true account of the
quantity and quality of the lands, and the number of slaves, on the first
day of October, one thousand eight hundred and three, in anv man-
ner whatsoever, which I am possessed of, interested in, or entitled to,
either in my own right or in the right of any other person whomsoever,
either as guardian, executor, agent, attorney, trustee, or in any man-
ner whatever, according to t!ie best of my knowledge or belief; and
that 1 will give a just and true answer, according to the best of my knowl-
edge, to all such questions as shall be asked me touching the same ; and
this I swear without any kind of equivocation or mental reservation what-
soevei." And upon the principal sum of every sum or sums of interest
money actually received, over and above what each person pays on account
of interest, except where such interest money is received by any widow,
orphan or unmarried woman, the said assessor, enquirer or collector, or
assessors, enquirers and collectors, to whom the same shall be returned,
shall assess the sum of twelve and one half cents on every hundred dollars
which shall have produced an interest of seven per cent., and a propor-
tional sum on all other sums of money drawing less or more than seven
per cent. ; to be recovered in like manner, in case of default, as the collec-
tors are authorized by law heretofore to do on their returns of lands or
slaves.
XIII. And be it enacted by the authority aforesaid. That in case any
person or persons shall neglect to make a return of his, her or their monies Property not
producing interest as aforesaid, they shall be liable to and suffer the same feturned.
forfeitures and pay the same penalties as are authorized by law in case of
their refusing or neglecting to make a return of iiis, her, or their lands or
slaves.
IutheSonateHou.se, the seveuteeuili ilay of Deceuiber, in the year of our Lord one thousand
eight hundred and three, and of the Indepfndcnop of the United .States of America
the twenty-eigiith.
JOHN GAILLARD, President of the Senate.
ROBERT STARK, Speakei- of the Housenf Eejoesentalires.
AN ACT TO MAKE ApPIiOPlilATIONS POR THE VI:AR ONE TlloLSA>D JVfo. 1S23.
EIGHT HIINDRED AND THREE.
I. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and bv the aulhoritv of
VOL. v.— 60.
474 STATUTES AT LARGE
A.I). If!03. the same, That the following .sums be respectively approjiriatcd for the
^-^""^^''^^ salaries of public officers and other expenses and purposes of government :
For the salary of the Governor, two tlvusand five hundred and seventy-
two dollars.
For the salary of the Secretary of the Goveruoi', four hundred and thir-
ty dollars.
For the salaries of the six Judges of the couils of commim law, each
two thousand five hundred and seventy-two dollars — in the whole, fifteen
thousand four hundred and thirty-two dollars.
For the salaries of the three Judges of the Court of Equity, each two
thousand one hundred and forty-four dollars — in the whole, six thousand
four hundred and thirty-two dollars.
For the salary of the Attorney General, for giving advice to the Gover-
nor and other public officers, in matters of public concern, in addition to
his other duties, eight hundred and si.xty dollais.
For the salaries of three Circuit Solicitors, each five hundred dollars — in
the whtde, fifteen hundred dollars.
For the salary of the Comptroller-general, two thousand five hundred
dollars.
For the salaiies of the Coraptroller-general's clerks, and the stationary
requisite for his office, one thousand six hundred dollars.
For the salary of the Treasurer of Charleston, as Treasurer and for
transacting the business of the Loan Office, and Clerks, two thousand six
hundred and fifty-eight dollars.
For the .salary of the Treasurer in Columbia, one thousand two hundred
and ninety dollars.
For the salary of the Clerk of the Treasurer in Columbia, four hundred
dollars.
For the salary of the Clerk of the Senate, and the salary of the Clerk
of the House of Representatives, each twelve hundred and thirty dollars ;
in the wliole, two thousand four hundred and sixty dollars.
As compen.sation for the Clerk of the Court at Columbia, one hundred
and forty dollais.
As compensation for the Clerk of the Court at Charlestfm, one hundred
and forty dollars.
As compensation for the Sheriff of Richland district, for attending on
the Constitutional Court at Columbia, fifty dollars.
As compensation for the Sherift' of Charleston district, for attending the
Constitutional Court at Charleston, fifty dollars.
As compensation for two Messengers to the Legislature, each two hun-
dred and sixteen djilars — in the whole, four hundred and thirty-two
dollars.
For the keeper of the State House at Columbia, one hundred and
thirty dollars.
For the salary of the Adjutant General, one thousand five hundred dollars.
For the salaries of nine Brigade Inspectors, each two hundred and six-
teen dollars — in the whole, one thousand nine hundred and forty-four dollars.
As compensation for the Arsenal keeper and powder receiver, in the
city of Charleston, two hundred and sixteen dollars.
As compensation for the Arsenal keepers and powder receivers of Ab-
beville, Camden, Georgetown and Beaufort, each fifty dollars — in the
whole, two hundred dollars.
For the salary of the Poit Physician of Charleston, six hundre<l (l)llars.
For the salary of the State I'rintei-, one thousand one hun<lied ami filty-
fy-eighl dollars.
OF SOUTH CAROLINA.
As compensation foi tlie Pilot for the bar and harbour of Georgetown,
tlirte hundred and twenty-two dollars.
For Annuities, four thousand five hundred dollars.
For the Transient Poor, payable to the City Council of Charleston, four
thousand two hundred and eighty dollars.
For the salary of the keepei- of the Lazaretto of the poit of Charles-
ton, five hundred dollars.
For the expenses of carrying into effect the Quarantine Law, one thou-
sand dollars.
As a contingent fund subject to the Governor's draft, he submitting an
annual account of the e.vpenditure thereof, six thousand dollars.
For the expenses of the Members of the Legislature at the present ses-
sion, and pay of the Solicitors for their attendance, eleven thousand six
hundred dollars.
For the purchase of books for a joint library for both branches of the
Legislature, one thousand dollars.
As compensation for two Doorkeepers to the Legislature, eaih two
hundred and sixteen dollars — in the whole, four hundred and thirty-two
dollars.
For the rent of the Governor's house in Columbia, two hundred and
fifty dollars.
For tiie Rev. Mr. Reed, for performing divine service during the session,
one hundred dollars.
For certain repairs and alterations in the House of Representatives, two
hundred and sixty-seven dollars and seventy cents.
George Waring, for two maps and plans of the town of Columbia, fur-
nished the Legislature, one hundred dollars.
Judge Trezevant, his account against the State as late solicitor, one thou-
sand three hundred and fifty dollars and forty-nine cents.
Richard Graham for pension, twenty-two dollars.
James Nipper for pension, twenty-two dollars. '
Dennis O'Brien for pension, twenty-two dollars — to commence from the
period when the lesolution passed the Legislature in their favor respec-
tively.
Boiling Bishop, for a wound received in the service of the State, two
hundred dollars.
William Fullerton's account, twenty-six dollars ten cents.
Doctor Ramsay, according to a joint resolution, one hundred and sixty
dollars and eighty-five cents.
James Hughling, for ditto, one hundred and twenty-two dollars forty-
five cents.
Elijah Clark, for a negro executed, one hundred and twenty-two dollars
aud forty-five cents.
The Honorable William James, late solicitor, eight hundred and thirty-
three dollars and fourteen cents.
Robert Hutchinson, for guaiding Laurens gaol, thirty-three dollars.
Sampson Butler, foi furnishing provisions to the guard at Edgefield gaol,
seventy-seven dollars and sixty-two cents.
John Caleb, for his claim against the State, for land sold him, to which
the State had no title, including his taxed costs, three thousand four hun-
red and sixteen dollars and twenly-five cents.
For the discharge of the contingent expenses of the upper division,
six thousand nine hundred and twenty-four dollars eighteen cents.
For the dischats;e of the contingent expenses for the lower division, six
thousand one hundred and thirty-three dollars eighty cents.
*^^ STATUTES AT LARGE
A.I). K.oa. [[_ A //(I Zip it c/tacted by the authority ciforesaiJ, That the treasurer of
the lowjr (livisidii of the treasury, under the direction of the Comptroller
rn|ior mrdium general, and in his presence and in the presence of the Governor, Presi-
i.ibpbiinii. dent of the Senate, Speaker of the House of Representatives, and any
three of the Judges of the Courts of Law or Equity, or in the presence
of a majority of the persons above named, shall, as soon as convenient af-
ter the ])assing of this Act, cause all the paper medium of this State, now
resting to the credit of the State in the treasury of the lower division, and
all that m;iy be received previously to the next sitting of the Legislature ;
provided, the same shall not exceed the sum of forty-four thousand seven
hundred and eighty-five dollars sixty-six cents, to be burned; and to report
to the Legislature the amount of the medium which may be burned.
For the payment of Robert Ware's claim, three hundred and seventy-
four dollars.
For Richard Clarke, for covering the Court House at Richland with
the best Carnaervon slates instead of shingles, one thousand and fifty dol-
lars.
For Robert Marion, trustee for Francis Marion, for his proportion for a
negro executed for burglary, sixty-one dollars twenty-two cents.
For Jesse Vaugh, for his proportion as prosecutor for said negro so
executed, sixty-one dollars and twenty-two cents.
For John Woodward, for claim against the State, for a tract of land pur-
chased by him under a mortgage to the loan office, and of which he has
been dispossessed by due course of law, one hundred and forty-seven dol-
lars eighty-nine cents.
For making repairs to the Secretary's office in Charleston, twelve hun-
dred dollars.
For Benjamin Haile, for arranging and putting in complete order the
records of the court of the late Pinckney district, one hundred and fifty
dollars.
For John Hampton, on account of his claim against the State for six
and one half shares in the Broad and Pacolet Rivers, when the said John
Hampton shall execute good and sufficient titles to the State for the said
shares, fifteen hundred dollars.
HI. And be it enactcdhy the authority aforesaid. That the pay herein-
after to be provided for the support and maintenance of the magazine
Magazine guard, shall be restricted to that of an officer, sergeant and six men ; and
that the sum of two thousand two hundred dollars be appropriated for the
payment of the said guard, undei the direction of the comptroller general.
IV. And be it enacted by the authority aforesaid. That the balance of
interest which now remains, or heieafter shall remain, to this State, on the
Funded debt to debt due by the United States, after |5aying the interest due on the funded
e joug t up. ^^Y,[ of this State, and the amount of the princijial which may be paid on
the principal of the debt due to this State by the United States, shall be,
and the same is hereby, appropriated to the purchase or redemption of
the funded debt of this State, by the treasurer of the lower division, under
the direction of the comptroller general and the standing committee of the
legislature, appointed by an Act entitled " An Act to raise supplies for the
year one thousand eight hundred and three." And all balances of cash
which may remain in the treasury of this State, after paying the appropri-
ations made by law, shall and may be applied, in the same manner, to the
same use.
V. And be it further eiiitcted by the authority aforesaid. That the comp-
troller genernl be, and he is hereby, authorized and directed to discharge
(he debt liue lo iho heirs or rcpiesonlativcs of Mr. Slreckheiscn, according
OF SOUTH CAROLINA. 477
to the contract, by paying the same to the person or persons who may A.D. 1R04.
be authorized to receive the same, agreeably thereto ; and the compti oiler ^-""v™^,/
is hereby further directed to require from said agent, at the final discharge Debt due to M.
of said debt, the contract aforesaid, duly cancelled; and the comptroller ?^^'''"^.'S'''^''^'=n'°
general is hereby further authorized and directed to sell, at the current '^ ''^'
market price, all or any part of the stock pledged for the payment of this
debt, as may be necessory for the purpose.
VI. And he it further enacted by the authority aforesaid, That the account
of James Taylor be, and the same is hereby, refeiTed to the comptroller Alsoaccountof
general ; and it shall be the duty of the said comptroller general, after"''^'"^^ Taylor,
examining the said account, to issue his warrant on the treasury for the
])ayment of whatever balance may be due on the same, to Colonel Thomas
Taylor, or any other person lawfidly authorized to receive the same, out
of any unappropriated monies in the treasury.
(n the Senate House, the seventeenth day of December, in the year of our Lord one thou-
.sand eight hundred and three, and of the Independence of the United States of
America the twenty-eighth.
JOHN GAILLARD, President of the Senate.
ROBERT STARK, Speaker of the House of Representatives.
AN ACT to establish four Circuits for the Courts in the upper districts No. 1824,
of this State.
(Passed December 21, 1S04. See last volume.)
AN ACT TO CONSTITUTE THE ClERK OF OrANGEBURGH DISTRICT Re- No. 1825.
GISTER OF INIeSNE CONVEYANCES FOR THE SAID DISTRICT.
1. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same, That the present clerk of Orangeburgh district, and his succes-
sors in that office, shall be, and hereby is constituted, register of mesne
conveyances for the said district ; and shall do and perform all the duties,
be liable to the same pains and penalties, and be entitled to the same fees
and perquisites now enjoined, inflicted and allowed the registers of mesne
conveyances in the other districts, by virtue of any law now offeree in this
State.
In the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand eight hundred and four, and of the Independence of the United States of
America tiie twenty-ninth.
JOHN WARD, President of the Senate.
W. C. PINCKNEY, Speaker of the House of Representatives.
STATUTES AT LARGE
No. 1S26. AN ACT to establish VVilliamsbuigh County, according to its present
limits, into a Circuit Court District.
(PasseJ December 21, 1804. Sec last volume.)
No. 1827. AN ACT to erect and establish Lexington County into a Circuit Court
District ; and for other purposes therein mentioned.
(Passed December 21, 1804. See last volume.)
No. 1828. AN ACT to increase the number op Justices op thk Quorum and
OF THi; Peace in several of the DisTiiioTS op this State.
Additional
number of
Justices.
WHEREAS, it is expedient and necessary to increase the number of
justices of the quorum and justices of the peace in several districts in this
State :
1. Be it therefore enacted, by the honorable the Senate and House
of Representatives, now met and sitting in General Assembly, and by
the authority of the same, That from and immediately after the passing of
this Act the number of justices of the quorum and justices of the peace in
the several districts in this State, hereafter mentioned, shall be increased
in manner following, that is to say :
For the district of Fairfield, three justices of the quorum, in addition to
the number already allowed by law.
For the district of Edgefield, three justices of the quorum and three
justices of the peace, in addition to the number already allowed by law.
For the district of Chester, one justice of the quorum and one justice
of the peace, in addition to the number already allowed by law.
For the district of Union, two justices of the quorum, in addition to the
number already allowed by law.
For the district of York, two justices of the quorum and one justice of
the peace, in addition to the number already allowed by law.
For the district of Greenville, three jiistice.s of the quorum and four jus-
tices of the peace, in addition to the number already allowed by law.
For the district of Sparlanburgh, two justices of the quorum and two
justices of the peace, in addition to the number already allowed by law.
For the district of Richland, ime justice of the quorum and two justices
of the peace, in addition to the number already allowed by law.
For the district of Winton, two justices of the quorum and three justices
of the peace, in addition to the number already allowed by law.
For Lewisburgh, in the district of Orangeburgh, one justice of the
quorum, in addition to the number already allowed by law.
For St. John's, Colleton, one justice of the quorum and one justice of
the peace, in addition to the number alrea<ly allowed by law.
For Pendleton, five justices of the quorum and twelve justices of the
peace, in addition to the number already allowed by law.
OF SOUTH CAROLINA. 479
For the parishes of St. Philip's and St. Michael's, two justices of the A. D. i!;o4.
quorum and three justices of the peace, in addition to the number already ^-^''^'"^-^
allowed bj' law.
For Newberry district, two justices of the quorum and three of the
peace, m addition to the number already allowed by law.
For r^aurens district, two justices of the quorum and four of the peace,
in addition to the number ali-eady allowed by law.
For the parish of Prince William, one justice of the peace, in addition
to the number already allowed by law.
For Abbeville district, four justices of the quorum, in addition to the
number already allowed by law.
For the election district of Williamsburgh, two justices of the quorum
and two of the peace, in addition to those already allowed by law.
For the parish of St. Luke, one justice of the quorum and two of the
peace, in addition to those already allowed by law.
For the election district of Kingston, two justices of the peace, in addi-
tion to the number already allowed by law.
For the district of Marion, two justices of the quorum and two of the
peace, in addition to the number already allowed by law.
For St. George's, Dorchester, one justice of the quorum and one of the
pence, in addition to the number already allowed by law.
For the district of Kershaw, one justice of the quorum and one of the
peace, in addition to the number allowed by law.
For the parish of St. James, Goose Creek, one justice of the quorum and
two of the peace, in addition to those allowed by law.
For the parish of All Saints, four justices of the quorum and five justices
of the peace.
For Prince George, Winyaw, one justice of the peace, in addition to
those alieady allowed by law.
For St. Paul's parish, two justices of the quorum and one j'istice of the
•peace, in addition to those already allowed by law.
For Lancaster district, two justices of the quorum, in addition to those
now allowed by law.
IL And lie it enacted by the authority aforesaid. That Darlington
district shall have one justice of the quorum and cue justice of the peace,
in addition to the number now allowed by law.
For the parish of St. Bartholomew's, two justices of the quorum and
three of the peace, in addition to those now allowed by law.
IIL And be it further enacted, by the authority aforesaid. That the
treasurers of the upper and lower divisions of the treasury, the clerks of justices ex
the several courts of record in this State, the ordinaries, registers of mesne officio.
conveyance, and notary publics, shall be, and they are hereby declared to
be, ex-officio, justices of the quorum, so far as relates to the duties of their
respective offices, in addition to the several justices of the quorum hereto-
fore appointed ; any law, usage or custom to the contrary notwithstanding.
In the Senate House, the twenty-first day of December, in the year of our Lord one ihousund
eight hundred and four, and in tlie twenty-ninth year of the Independence of the
United States of America.
JOHN WARD, President of the Senate.
W. C. PINCKNEY, Speaker of the House of Representatives.
STATUTES AT LARGE
No. 1829. AN ACT concerning the line of division between tliis State and the
State of North Carolina.
(Passed December 21, JS04. Sec Vol. I. p. 415.)
No. 1830. AN ACT to authorize the City Council of Charleston, with the con-
sent of Congress, to impose and levy a duly on the tonnage of ships
and vessels, for the purpose therein mentioned.
(Passed December 21, 1804. See last volume.)
No. 1831. AN ACT for extending tlie incorporation of the Saint Andrew's
Society.
('Passed December 21, 1804. See last volume.)
No. 1832. AN ACT to appoint Commissionkrs to cause to be run out and
MARKED THE DIVISION LiNE BETWEEN THE DISTRICT OP CHESTER-
FIELD AND THE DlSTRICr OF DaRLINGTON ; AND FOR OTHER PURPOSES
THEREIN MENTIONED.
WHEREAS, it is necessary and properthat the line of division already
fixed by law between the district of Chesterfield and the district of Dar-
lington, in the State aforesaid, should be run out and marked :
I. Be it therefore enacted, by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the authori-
ty of the same. That William Falconer, Major J. Dewlt, on the pait and
behalf of the district of Chesterfield, and Captain John Norwood and
Alexander M'Intosh, on the part and behalf of the district of Darlington,
or a majority of them, be commissioners, to have full power to cause
the said line of division, as now fixed by law, between the said districts,
to be run out and marked ; and to procure and employ svirveyors and axe
men to assist them in running and marking the same.
II. And be it fdrtlicr enacted by the authority aforesaid. That the legis-
lature will provide the necessary expenses to be incurred by carrying tlie
foregoing Act into eifect.
[n the Senate House, December the twenty-first, in the year of our Lord one thousand
eight hundred and four, and of the Independence of the United States of America
ilie twenty-ninth.
JOHN WARD, President of the Senate.
W. C. PINClvNEY, Speaker of the House of Representutive.i.
OF SOUTH CAROLINA.
AN ACT APPROPRIATING THE SUM OF OnE THOUSAND TwO HuNDRI D No. 1833
Dollars for the purchase of Abraham; and for other puuposi.s
theuein mentioned.
WHEREAS, a certain negro man named Abraham, bt-longing to Mr.
William Kirk, lias rendered certain meritorious services to this State, for
which he ought to lie revvaided :
I. Be it therefore enacted, by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the authority
of the same. That the Comptroller general be, and he is hereby, autho-
rized and directed to issue his warrant, directed to the treasurer of
Charleston, to pay over to him the sum of one thousand two hundred dol-
lars ; and the said sum, when received, to apply to the purchase of the
said negro man Abraham; and to take and receive fiom his present mas-
ter, William Kirk, a receipt for the same, expressing to be the full consid-
eration for the said negro Abraham ; and the said receipt to record in the
office of the Secretary of State; and on the recording thereof, the said negro
man Abraham shall be, and he is hereby declared to be, emancipated, and
for ever set free ; any law, usage or custom to the contrary in any wise
notwithstanding.
lu the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand ei;^ht hundred and four, and in the twenty-ninth year of the Independence of
the United States of America.
JOHN WARD, President nf the Sejiate.
W. C. PINCKNEY, Speaker of the House of Representatives.
AN ACT to incorporate the several Religious Societies therein No. 1S34.
mentioned.
(Passed December 21, 1804. See last volume.)
AN ACT to vest in James H. Ancrum and his heirs and assigns, for No. 1835.
a term of years, the Bridge called Rantole's Bridge and causeway,
to fix the rates of toll thereof, and for other purposes therein men-
tioned ; and for establishing certain other Femes and Bridges ; and
appointing certain Commissioners of Roads in this State.
(Passed December 21, 1801. See last volume.)
VOL. v.— 61.
Documenls of
the Court of
ordinarv-
STATUTES AT LAKGE
No. 1836. AN ACT to compel persons having any papers up the late
County Courts, appertaining to the Office of Ordi>arv, to
deliver the same to the respective Judges of the Couhts of
Ordinary.
WHEREAS, much inconvenience has arisen, and daily does accrue, to
the citizens of this State, by reason of the papers and records of the late
county courts, appertaining to the ordinary's office, lemaining in the offices
t)f the clerks of the district courts within this State :
I. Be it tlt.ercfore enacted, by the honorable the Senate and House of
Repiesentatives, now met and silting in General Assembly, and by the
authority of the same. That the clerks of the several districts courts within
this State, and all persons having any papers, books or records of the late
county courts, relating or appertaining to business of the courts of ordina-
ry, be, and they are hereby, directed and required to deliver ovei to the
judge of the couits of ordinary, in his respective districts, all such papers
and books, exclusively relating to or appertaining to the said courts of ordi-
nary, and not containing any of the minutes or records of the late county
courts ; any law, usage or custom to the contrary notwithstanding.
II. And be it farther enacted by the authority aforesaid. That the seve-
(.^i.ral oidinaries for the districts of Pendleton, Greenville, Laurens, Spartan-
burgh, Newberry and Lancaster, be, and they are hereby, respectively
directed to attend at the court house of their several districts, on the first
Monday in every month in every year, from and after the first day of Feb-
ruary next, from the hour of ten in the morning till four in the evening,
then and there to receive and transact any business that may be offered,
appertaining to their ofiices.
III. And he it further enacted by the authority aforesaid. That should
any ordinary for the aforesaid districts fail or neglect to comply with the
injunctions above enacted, he or they shall, for every such oftbnce, forfeit
and pay the sum of twenty dollars, to be recovered by any person who
shall sue for the same in any court of law having competent jurisdiction.
Office hour;
certain dis-
tricts.
Penalty.
? Senate House, tlie twenty-fir
sand eialit hundred and fou
Anieriea the twenty-ninth.
lay of Deeember, in the year of our Lord one thou-
nnd of the Indei>endence of the United States of
JOHN WARD, President oj the Senate.
W, C. PINCKNEY, Speaker of the House of Rejircscntatives,
No 1837. AN ACT to indemnify Samuel Harris for the loss of a Negro,
killed working on the Roads, in the public service.
WHEREAS, Samuel Harris has set forth in his petition to the legisla-
ture, that the only negro man slave which he owned, w«s accidentally
killed whilst working on the public roads ; and it is just and reasonable
that he should be compensated therefor :
1. Be it therefore enacted, by the Senate and the House of Represen-
tatives, now met and sitting in General Assembly, and by the authority
OF SOUTH CAROLINA. 4S
of the same, That the comptroller is hereby authorized and directed to A. D. 1804.
issue a waiTant, directed to the treasurer at Columbia, authorizing him to ^-^^•■'~'*'^
pay to the said Samuel Harris the sura of four hundred dollars, to indem-
nify him for the loss of his said negro.
In the Senate House, December tlie twenty-first, iu tlie year of our Loril one ilmu-
sand eight hundred and (uur, and of the Independence of the United States ul"
America tlie twenty-nintii.
JOHN WARD, President of the Senate.
W. C. PINCKNEY, Speaker uf the House of Representalkcs.
AN ACT TO RA!S!: SUPPLIES FOR THi: YKAR ONE THOUSAND EIGHT HUN- No. 1838.
DRED AND FOUR ; AND FOR OTHER PURPOSES THERI I.V MKNTIONED.
I. Be it enacted, by the honorable the Senate and House of Re]n-e-
sentatives, now met and sitting in General Assembly, and by the authority
of the same, That a tax, for the sums and in the manner hereinafter men-
tioned, shall be raised, and paid into the public tieasury of this State, and
for the use and service thereof.
n. And be it enacted^ by the authority aforesaid. That twenty-five
cents per centum ad valorem be paid in specie or paper medium on all
lands granted within this State, under the several regulations heiein- '^a'e of tax.-i-
after expressed. Class No. 1 shall contain all tide swamp of the first "'"" "" '*"''^-
quality, not generally affected by the salts or freshes, which shall be rated
at twenty-six dollars per acre ; all tide swamp of the second quality,
not generally affected by the salts or freshes, which shall be rated at
seventeen dollars per acre; all tide swamp of the third qualitv, not gen-
erally affected by the salts or freshes, which shall be rated at eight and an
half dollars per acre ; all pine barren lands adjoining such swamps, or con-
tiguous thereto with respect to the benefit of water caniage, which shall
be rateil at two dollars per acre ; all prime inland swamp, cultivated and
uncultivated, which shall be rated at an average of thirteen dollars per
acre ; all inland swamp of the second quality, which shall be rated at eight
and an half dollars per acre ; all inland swamp of the third quality, -which
shall be rated at four dollars per acre ; pine barren lands, adjoining or
contiguous thei'eunto, which shall be rated at one dollar per sere ; and all
salt marsh, or inland swamp, clearly proved to the collectors to be incapa-
ble of immediate cultivation, which shall be rated at one dollar per acre.
Class No. 2 shall comprehend all high river swamps and low giounds,
cultivated and uncultivated, including such as are commonly called second
low grounds, lying above the flow of the tides, and as high up the coun-
try as Snow Hill on Savannah river, and the fork of Broad and Saluda rivers
on the Congaree, Graves's Ford on the Wateree, and the boundary line on
Pedee ; the first quality to be rated at thirteen dollars per acre ; the se-
cond quality at eight and a half dollars per acre ; the third quality at four
dollars per acre ; except such as may be clearly proved to the collec-
tors to be incapable of immediate cultivation, whidi shall be assessed at
one dollar per acre. Class No. 3 shall comprehend all high river swamps
and low grounds, lying above Snow Hill, the fork of Broad and Saluda riv-
ers, Graves's Ford on the Wateree, and the old Indian boundary line.
484 STATUTES AT LARGE
A. I). 1S04. which shall be rated at three dollars per acre. Class No. 4 shall comprehend
^-'^'"^'^^*^ all high lands without the limits of St. Philip's and St. Michael's parishes,
within twenty miles of Charleston, and on John's Island and James's
Island, which shall be rated at four dollars per acre. Class No. .')
shall comprehend all lands on the Sea islands, (Slann's island included,)
>v lying on or contiguous to the seashore, usually cultivated, or capable of
cultivation, in corn, cotton or indigo, not within the limits prescribed in class
No. 4, which shall be rated at four dollars per acre. Class No. 6 shall com-
prehend all oak and hickory high lands lying below Snow Hill and the fork
of Broad and Saluda rivers, Graves's Ford, and the new boundary line on
Pedee, and not included in the limits or description of the two preced-
ing classes, mmibers 4 and 5, which shall be rated at thiee dollars per acre.
Class No. 7 shall include all pine barren lands not included in the classes
numbered 1, 4 and 5, which shall be rated at twenty cents per acre. Class
No. 8 shall comprehend all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first
quality of which shall be rated at one and a half dollars per acre ; the se-
cond quality, at one dollar per acre ; and the third quality at forty cents
per acre. Class No. 9 shall comprehend all oak and hickory high lands
above the old Indian boundary line, the first quality of which shall be rated
at one dollar and twenty cents per acre ; the second quality at sixty cents
per acre ; and the third quality, at twenty cents per acre. Class No. 10
shall include all lands within the parishes of St. Philip's and St. Michael's,
which shall be assessed in the same manner and ujion the same principles as
houses and lots in Charleston, and in a relative proportion to lands in the
country.
III. And he it enacted by the authority aforesaid. That fifty cents per
head shall be levied upon all slaves ; and the sum of two dollars per
Rata of taxing ijgad on all free negroes, mulattoes, and mestizoes, between the ages
' * of fifteen and fifty; and twenty-five cents ad valorum on eveiy hun-
dred dollars of the value of all lands, lots and buildings within any city,
village, or borough ; and fifty cents per centum on all stock in trade, fac-
torage, employments, faculties and professions, (clergymen, schoolmasters,
schoolmistresses and mechanics e.\cepted,) — to be ascertained and rated
by the assessors and collectors throughout the State, according to the best
of their knowledge and information ; to be paid in paper medium or specie.
IV. And he il enacted by the authority aforesaid. That all negroes
and other slaves who are employed on any lands leased by any person or
ed''on\ndia'n°^"P'''^""*' °^ ^'"^ Catawba Indians, shall be, and they are hereby made, lia-
landa. ble to the payment of this tax. But nothing in this Act contained shall be
construed to impose any tax upon the property or the estate of any relisious
society, or the South Carolina Society, the Winyaw Indigo Society, the
Fellowship Society, or of the estate of the late Doctor De la Howe, devi-
. sed for charitable purposes, and that part of tiie estate of the late Thomas
xcep ions. WA^dsworth which was di^vised for the establishment of a school, or the Clar-
endon, or the High Hills of Santee, or the Camden Orphan Societies, or
the Columbia Academy, or the lands and funds owned by the Free School
at Dorchester, or the public lands held by the corporation of Charleston, or
of the lands and funds of any society applicable to the education or main-
tenance of public schools.
V. And be it enacted by the authority aforesaid, That every person
entitled to any taxable property or estate in this State, who resides with-
Ahsentppsdoii-ont the limits of the United States, shall, for the use of this State, pay a
double tax on the same. But this clause shall not be construed to extend
to the property of any person sent, or hereafter to bo sent, abroad in the
OF SOUTH CAROLINA. 485
employment of this State or of the United States, until one year after the A.D.lKiM.
expiration or determination of his commission ; or to the property of any ^-^"^''"^'^
young man sent abroad for his education, until he attains the age of twen-
ty-three years ; or the property of any person now absent from the United
States, unless such person has been absent for one year.
VI. And be it enacted by the authority aforesaid. That the tax collec- Y^r|,„t shall be
tors throughout this State shall receive no payment of taxes but in gold received I'or
or silver coin made current in this State, the paper medium issued under "'^''•*-
the authority of the Legislature, bank paper redeemable in the first in-
stance in gold or silver at the bank of the United States, the bi'anch
bank thereof in Charleston, the bank of South Carolina, the State Bank,
or certain certificates for the pay of the members of the Legislature, or
the Solicitors, for their attendance on the Legislature.
VII. And he it enacted by the authority aforesaid, That each and every
enquirer, assessor and co-lector shall, on their enquiry for their return of the
taxes of this State for the year one thousand eight hundred and four, ad- Returns of all
minister the following oath to all such persons as may be liable to pay any nJade "on oath?
of said taxes, viz: "I, .\ B, do solemnly swear (or affirm, as the case may
be) tliat the account which I now give in is a just and true account of the
quantity and quality of the lands, and the number of slaves, on the first
day of October, one thousand eight hundred and four, in any man-
ner whatsoever, which 1 was possessed of, inteiested in, or entitled to,
either in my own right or in the right of any other person whomsoever,
either as guardian, executor, agent, attorney, trustee, or in any man-
ner whatsoever, according to the best of my knowledge or belief; and
that I will give a just and true answer, according to the best of my knowl
edge, to all such questions as shull be asked me touching the same ; and
this I swear without any kind of equivocation or mental reservation what-
soever." And upon the principal sum of every sum or sums of interest ■p^^ on money
money actually received, over and above what each persons pays on account at interest.
of interest, except where such interest money is received by any widow,
orphan or umnarried woman, the said assessor, enquirer or collector, or
assessors, enquireis or collectors, to whom the same shall be returned, shall
assess the sum of twelve and one half cents on every hundred dollars which
shall have produced an interest of seven per cent., and a proportionable
sum on all other sums of money drawing less or more than seven per cent;
to be recovered in like manner, in case of default, as the collectors are
authorized by law heretofore to do on their returns of lands or slaves.
VIII. And he it enacted by the authority aforesaid. That in case any
person or persons shall neglect to make a return of his, her or their monies Property not
producing interest as aforesaid, they shall be liable to and suffer the same returned.
forfeitures and pay the same penalties as are authorized by law in case of
their refusing or neglecting to make a return of his, her, or their lands or
slaves.
IX. And he it enacted by the authority aforesaid. That the instal-
ments on the iiaper medium which shall be due on the first Wednes- „. .
.1" . ., ,. jiiA Tune of pay-
day in March next, shall not be required to be paid as directed by the Act n,ent of the pa-
entitled "An Act for raising supplies for the year one thousand seven der medium,
hundred and ninety-four," but shall be paid on the first Wednesday in
March, which will be in the year of our Lord one thousand eight hundred
and seven. Provided, that no person shall be entitled to the benefit
of this clause who shall not give additional security, if required, to the
treasurer at Charleston, in all cases where ho is not fully satisfied of the
sufficiency of the former security, and in all cases where default has been
made in paying what has heretofore been due, or which may be made in
paying the interest to grow due on the first day of March next.
486
STATUTES AT LARGE
Standiii:
mittee.
Sale of lands
postponed.
Times for ma-
king returns
and paying
taxes.
Mortgaged
lands bought
in on account
of the State to
be sold.
X. And he it enacted by the authority aforesaid, That the commis-
sioners of the treasury shall be, and they are hereby, required to funiish
copies of this Act, and of the Act su])pleraentary to an Act entitled " An
Act for declaring the powers and duties of the enquirers, assessors and
collectors of the taxes, and of other persons concerned therein," to each of
the collectors appointed by law throughout this State, who have not yet
been furnished with such supplementary Act, within one month after
passing this Act, and their reasonable expenses occasioned thereby shall
be reimbursed.
XI. And be it enacted by the authority aforesaid, That the balance of
interest which now remains, or hereafter shall remam, to this State, on the
debt due by the United States, after paying the interest due on the funded
debt of this State, and the amount of the principal which may be paid on
the principal of the debt due to this State by the United States, shall be,
and the same is hereby, appropriated to the purchase or redemption of the
funded debt of this State, by the treasurer of the lower division, under the
direction of the comptroller and standing committee of the legislature ; and
all balances of cash which may remain in the treasury of this State, after
paying the appropriations made by law, shall and may be applied, in the
same maimer, to the said use and purpose.
XII. And be it enacted, by the authority aforesaid. That the following
persons be, and they are hereby appointed, a standing committee to carry
into execution the provisions of this Act, referred to them : the President
of the Senate, John Drayton, John Blake, Heiny Deas, John Dawson, Jr.
and Wm. Lee.
XIII. And be it fii.rtlur enacted by the authority aforesaid, That the
Comptroller be, and he is hereby, required to postpone making sale of the
lands directed to be sold by the twenty-third clause of an Act entitled
" An Act supplementary to an Act entitled an Act for declaring the powers
and duties of the enquirers, assessors and collectors of the taxes, and other
persons concerned tlierein," until the first day of January, one thousand
eight hundred and six.
XIV. And be it further enacted, by the authority aforesaid, That from and
after the passing of this Act, all persons liable to pay any tax hereafter to
be imposed by any law of this State, shall, on or befoie the first day of
February in each and every year, give in a just and true return of all
slaves, and of the quality and quantity of lands, and monies at interest, as
may be directed and required by said laws, which they may hold or be
entitled unto in his, her or their own right, or the right of any person or
persons whomsoever, either as guardian, trustee, attorney, agent, executor,
administrator, or otherwise howsoever ; and shall, on or before the first of
May ensuing, pay their taxes to the collector of the collection district
where the party making such return, either by himself, his or her family,
may reside the greater part of the year. And that the said assessors or
collectors shall annually pay the same, and settle their accounts with the
treasurers, on the first day of June next ensuing, so far as respects the tax
collectors of the lower division of the treasury.
XV. And whereas, sundry borrowers of the paper medium loan have
not paid the interest due on the sums borrowed by them, and sales have been
made of the lands mortgaged to secure the said loan, and the treasurers
have bought in the said lands foi defect of bidders, and the same remain
as the property of the State, ntipioductive ; and in other cases the property
so sold has been purchased in by the mortgagors and others, who have
not complied with the terms or conditions of the said sales; Beit therefore
enacted by the authority aforesaid. That the treasurers aforesaid shall be,
OF SOUTH CAROLINA. 487
and they are lieieby, authorized and directed to cause all the lands bought A.D. 1804.
in as aforesaid on account of the State, and also all the lands purchased ^-^">'~*^^
in by the mortgagers or other persons whomsoever who have not complied
with the conditions of the former sales of the said property, to be put up
to sale, in the districts in which they severally lie, by the sherifl's of the
said districts, on a public sale day, after giving three months notice thereof,
and shall sell the same to the highest bidder, who shall pay one fourth
of the purchase money in cash, and the lemainina; three fourths in one and
two years ; for the performance of which he shall give his bond and mort-
gage of the premises, and also personal security, to be approved of by
the sheriff' and three commissioners, residing in such districts, to be nom-
inated by the treasurers. Provided, no sale of the mortgaged lands shall proviso,
take place when any person interested in the same shall, previous to the
day of sale, tender one third part of the sum due, together with expenses
incurred, and give bond, mortgage and security, as is hereinbefore direct-
ed, for the balance due, payable in one and two years ; and that the said
mortgaged property shall thereupon vest in the party so paying and giving
security as aforesaid.
XVI. A/iiI he il enacted by the authority aforesaid. That on all sales
made in pursuance of the next preceding clause, and under the authority™ , .
thereof, the purchaser shall, immediately after the said property shall be sales,
knocked off' to him, pay into the hands of the sheriff" making the said sale
a sum which shall at least be equal to ten per cent, upon the amount of
his purchase, towards the payment thereof; and if he should fail or ne-
glect to make such payment, the sheriff" shall immediately set up the same
propei'ty for public sale, upon the spot; and shall not, upon such re-sale,
or any other sale of the same property made by virtue of this Act, receive
the bid of the first purchaser or his agent. And that the sheriff" shall, in
all his advertisements of property sold by virtue of this Act, on account of
the paper medium loan, give notice that he will require the payment of
the said ten per cent. ; to the end that no persons inclined to purchase at
the said sales may be ignorant thereof.
XVII. And he it further enacted, by the authority aforesaid, That if any
purchaser after paying the percentage aforesaid, shall fail or neglect to Forfeiture on
comply with the terras of the sale, all the money so paid shall be forfeited not. o™:
to the State ; and shall be applied first to pay the costs and charges accrued {he'te^ms of
or due upon the said sale ; and the surplus, if any, shall be applied towards such sales.
paying the debt. And the sherifli' making the sale shall not at any re-sale
of the same property, upon the same account, receive or take notice of any
bid made by the first or any other former purchaser.
XVIII. And he it further enacted by the authority aforesaid, That if any
person shall at any re-sale made by the sheriff" on account of the first or„
any former purchaser having failed or neglected to pay the percentage when lands
aforesaid, or to comply with the terms and conditions of the sale, such per- 'e-sold.
son shall himself be bound by his purchase, and shall comply with this Act,
and the terms and conditions of such re-sale, and shall not be allowed to
say, set up, or pretend, that he bought the same as agent for the first or any
former purchaser. Provided always, that it shall be publicly proclaimed
by the crier at such sale, that the same was to be on account and risque
of the first or some former purchaser; and that the conditions and terms of
the sale shall, in like manner, be proclaimed by him immediately before the
property is set up.
XIX. Andhc it enacted by the authoiity aforesaid. That the twentieth Former clause'
clause of the Act entitled " An Act supplementary to an Act entitled an repealed.
Act for declaring the powers and duties of the enquirers, assessors and col-
488 STATUTES AT LA ROE
A. D. 1804. lectors of the taxes, and of other persons concerned therein," passed the
^-^■"^"''^^ seventeenth day of December, one thousand eight hundred and three, be,
and the same is hereby, repealed.
XX. And he k further enacted. That in case of any re-sale made under
Defaulters lia- ^^^ authority of the preceding clauses of this Act, on account or by reason
ble for any of the non-payment of the ten percent hereby required to be paid, or on
defic-ieiu-y by account of the non-compliance with the conditions and terms herein be-
fore prescribed, the person or persons for whose default the said re-sale
shall be made, shall be, and he, she and they is and are hereby declared,
liable fir any deficiency which may happen between the first and any sub-
sequent sale of the said jjroperty ; and the treasurers are hereby autho-
rized and directed to commence suits for the recovery of any such defi-
ciency.
XXI. And he itfarthrr enacted by the authority aforesaid, That it shall
be the duty of the tax collectors in this State to make, on the first Monday
Poor tax. -^ September nest, to the commissioners of the poor, in the parish or dis-
trict in which any poor tax shall be by the said tax collectors respectively
collected, a return of such poor tax, in like manner as they make their re-
turns of the public tax to the treasurers of this State.
XXII. And he it further enacted by the authority aforesaid. That the
Transient poor comptroller general be, and he is hereby, required and directed annually
fund ofCharles- jy g^jj ^^ j|^g treasurer of the City Council of Charleston to render an
account on oath to him of the application of such monies as are appro-
priated for the support of the transient poor, and for other purposes ; and
that the account so rendered be laid before the Legislature.
XXIII. And he it further enacted by the authority aforesaid. That the
Tax collectors several tax collectors in each fiscal division of the State shall exhibit in
erty'lyln'''in'''' ^°™^ column of their return the number of acres of land lying within their
other divisions, respective divisions, and the number of acres lying elsewhere, and for
for which taxes ^yijig], taxe ; shall be paid them ; in like manner they shall exhibit in other
columns the number of negroes within their divisions, and of those else-
where, and where or which taxes shall be paid them ; and in other separate
columns exhibit the amount of taxes in their respective divisions, on every
different article taxed by law ; and the treasurers of each division, and the
comptroller, shall preserve these columns in their aggregate of taxes to be
laid beibre the next Assembly.
In the Senate House, the twenty-first diiy of Deceniiier, in tlie year of our Lord one
thousand eight hundred and four, and the twenty-nintli year of the Sovereignty and
Independence of the United States of America.
JOHN WARD, President of the Senate.
W. C. PINCKNE Y, Sjjcaker of the Hovse of Rejiresentatives.
No. 1839. AN ACT to make Appropriations for the year one thousand eight
HUNDRED AND FOUR.
I. Be it enacted, by the honorable the Senate and House of Represen-
. . tatives, now met and sitting in General Assembly, and by the authority of
Appropriations ^j^^ ^ame, That the following sums be respectively appropriated for the
salaries of public oflBcers, and other expenses and purposes of govern-
ment.
OF SOUTH CAROLINA. 4S9
Fur the siilary of the Governor, two thousand five hundred and seventy- *• '• "="■'•
two dollars. v-^-v-^^
For the salary of the Secretary of the Governor, four hundred and tliir-
ty dollars.
For the salaries of the six Judges of the courts of common law, each
two thousand five hundred and seventy two dollars — in the whole, hftcen
thousan<] four hundred and thirty-two dollars.
For the salaries of the three Judges of the Court of Equity, each two
thousand one hundred and forty-four dollars — in the whole, six thousand
four hundred and thirty-two dollars.
For the salary of the Attorney General, for giving advice to the Gover-
nor and other public officers, in matters of public concern, as a full re-
compense for the discharge of all the public duties incident to his office,
as Attorney General, one thousand dollars.
For the salaries of three Circuit Solicitors, each, in lieu of all charges
against the State, for the performance of every public duty appertaininq; to
their respective offices, five hundred dollars — in the whole, fifteen hundred
dollars.
For the salary of the Comptroller-gsneral, two thousand five hundred
dollars.
For the salaiies of the Comptroller-general's cleiks, and the stationary
requisite for his office, one thousand six hundred dollars.
For the salary of the Treasurer of Charleston, as Treasurer and for
transacting the business of the Loan Office, and Clerks, two thousand six
hundred and fifty-eight dollars.
For the salary of the Treasurer in Columbia, including clerks, and every
contingency of said office, one thousand six hundred and ninety dollars.
For the salary of the Clerk of the Senate, and the salary of the Clerk
of the House of Representatives, each twelve hundred and thirty dollars ;
in the whole, two thousand four hundred and sixty dollars.
As compensation for the Clerk of the Court at Columbia, one hundred
and forty dollars.
As compensation for the Clerk of the Court at Charleston, one hundred
and forty dollars.
As compensation for the SheriH' of Richland district, for attending on
the Constitutional Court at Columbia, fifty dollars.
As compensation for the Sheriff of Charleston district, for attending the
Constitutional Court at Charleslon, fifty dollars.
As compensation for two Messengers to the Legislature, each two hun-
dred and sixteen dollars — in the whole, four hundred and thirty-two
dollars.
For the keeper of the State House at Columbia, one hundre<! and
thirty dollars.
[ For the salary of the Adjutant General, one thousand five hundred
dollars.
For the salaries of nine Brigade Inspectors, each two hundred and six-
teen dollars — in the whole, one thousand nine hundred and forty-four
dollars.
As compensation for the Arsenal keeper and ])owder receiver, in the
city of Charlestoii, two hundred and sixteen dollars.
As compensation for the Arsenal keepers and powder receivers of Ab-
beville, Camden, Georgetown and Beaufort, each fifty dollars — in the
whole, two hundred dollars.
For the salary of the Port Physician of Charleston, six hundred dollars.
VOL. v.— 62.
490 STATUTES AT LARGE
A. U. 1604. Yor the contiiict of the State Printer, one thousand one huiulred and
^-^"""^"^-^ fifty-eight dollars.
As comi)ensation foi the Pilot for the bar and harbour of Georgetown,
thrte handled and twenty-two dollars.
For Annuities, six thousand five hundred dollars.
For the Transient Poor, payable to the City Council of Charleston, four
thousaiid two hundred and eighty dollars.
For the salary of the keeper of the Lazan tto of the port of Charles-
ton, five hundred dollars.
For the expenses of canying into effect the Quarantine Law, one thou-
sand dollars.
As a contingent fund subject to the Governor's draft, he submitting an
annual account of the expenditure thereof, six thousand dollars.
For the expenses of the Members of the Legislature at the present ses-
sion, and pay of the Solicitors for their attendance, eleven thousand six
hundred dollars.
As compensation for two Doorkeepers to the Legislature, each two
hundred and sixteen dollars — in the whole, four hundred and thiity-tvvo
dollars.
For the rent of the Governor's house in Columbia, two hundred and
fifty dollars.
For the Rev. Mr. Reid, for performing divine service during the session,
one hundred dollars.
To aid in supporting the transient poor of Georgetown, the sum of five
hundred dollars, to be paid to tlie commissioners of the poor for the parish
of Prince George, Winyaw, and to be laid out and expended by them for
the use of the transient poor; the said commissioners to publi.sh annually,
in the Georgetown Gazette, the names of all such tiansient poor, and the
sum laid out for each, as may have been relieved by this fund ; and an
account on oaih to be retuiued to the comptroller, and by him suhmitled to
the legislature. . ,
For rebuilding the gaol and finishing the court house m bumpter dis-
trict, three thousand dollars. .
Cox & Sheppard, for their account against the State for printing, hlty-
eight dollars twenty-eight cents.
For repairing the Guard House in the City of Charieston, a sum not
exceeding three thousand dollars.
For the discharge of the contingent expenses of the upper division, a
sum not exceeding seven thousand six hundred and fifty dollars nine cents.
For the dischaige of the contingent expenses of the lower division, a
sum not exceeding four thousand six hundred and twenty-foui dollars and
seventy cents. ^ r„ i e
For the City Guard, payable to the City Council of Charleston, tour
thousand dollars.
For repair to the Gaol of Georgetown, a sum not exceeding two
thousand six hundred and seventy dollars.
For the discharge of the late Comptroller General's three several war-
rants for ten thousand dollars each, to Messrs. Miller & Whitney, thirty
thousand dollars.
For the purchase of Abram, twelve hundred dollars.
For arrears of annuity to Jane Crawford, sixty-five dollars.
For repairs of the State House at Columbia, a sum not exceeding nine
thousand four bundled and fifty dollars. .
For building the court house and gad in Williamsburgh district, a sum
not exceeding five thousand dollars.
OF SOUTH CAROLINA. 41*1
For biiilJiiig a court lumse and gaol in Lexington district, a sum not ex- A. 1). I80J.
cecding five thousand dollars.
For compensation to .Samuel Harris, four hundred dollars.
Fir Hubert Rees' demand, as late sheriff of Sumpter, two liundred and
fifty-two dollars ten cents.
For arrears of annuity to Joseph Morris, two hundred and thirty-five
dollars ten cents.
William Lloyd, for pension, twenty-two dollars.
Henry Gray, for a negro e.xeciited, one hundred and twenty-two dollars
forty-five cents.
The executor or administrator of the estate of Richard Wither, for a
negro executed, one imndred and twenty-two dollars forty-five cents.
Moses Lander, for pension, twenty-two dollars.
Benjamin Tyler, for pension, twenty-two dollars.
James Harbisson, for arrears of annuity, four hundred and fifty dollars.
William Copeland, for seivices during the late war, five hundred and
forty-four dollars and fifty cents.
II. And he it enacted by the authority aforesaid, That the treasurer of
the lower division of the treasury, under the direction of the Comptroller Paper medium
general, and in his presence and in the presence of the Governor, Piesi-'" ''^ '"'""•
dent of the Senate, Speaker of the House of Representatives, and any
three of the Judges of the Courts of Law or Equity, or in the presence
of a majority of the persons above named, shall, as soon as convenient af-
ter the ])assing of this Act, cause all the paper medium of this State, now
resting to the credit of the State in the treasury of the lower division, and
all that niav be received previously to the next sitting of the Legislature,
provided, the same shall not exceed the sum of sixteen thousand eight
hundred and seventy-two dollars eighty-five cents, to be burned; and to
report to the Legislature the amount of the medium which may be
burned.
III. And he it further enacted, That the pay hereinafter to be provided
for the support and maintenance of the magazine guard, shall be re- Magazine
stricted to that of an officer, sergeant and six men ; and that the sum ofS"" •
two thousand two hundred dollars be appropriated for the payment of the
said guard, under the directinn of the comptroller general.
IV. And he it enacted by the authority aforesaid. That the balance of the
interest which now remains, or hereafter shall remain, to this State, on the
debt due by the United States, after paying the interest due on the funded be bought up.
debt of this State, and the amount of the principal which may be paid on
the principal of the debt due to this State by the United States, shall be,
and the same is hereby, appropriated to the purchase or redemption of
the funded debt of this State, by the treasurer of the lower division, under
the direction of the comptroller general and the standing committee of the
legislature, appointed by an Act entitled " An Act to rai^e supplies for the
year one thousand eight hundred and four." And all balances of cash
which shall remain in the treasury of this State, after paying the appropri-
ations made by law, shall and may be applied, in the same manner, to the
same use.
V. And he it further enacted by the authority aforesaid. That the comp-
troller general be, and he is hereby, authorized and dii-ected to discharge ri=r,. .i,,^ . m
i_jLi 11' • f..,- 1 uebt due to M.
the debt due to the heii-s or representatives of Mr. Streckheisen, according Streekheisento
to the contract, by paying the same to the person or persons who may ^^ P^''^-
be authorized to receive the same, agreeably thereto ; and the comptroller
is hereby further directed to require from said agent, that at the final dis-
charge of said debt, the contract aforesaid, duly cancelled ; and the comp-
492 STATUTES AT LARGE
A. D.1H04. troller general is hereby further authorized and directed to sell, at the
^^^^^'-^ current market price, all or any part of the stock pledged for the payment
of this debt, as may be necessory for the purpose.
tn the Scuatr. House, the twenty-first day of December, in the year ot'our Lord one tliousand
eight hundred and four, and of the Sovereignty and Independence of the United
States of America the twenty-ninth.
JOHN WARD, President of the Senate.
W. C. PINCKNEY, Speaker of the House of Reprcsentatnc .
No. 1840. AN ACT to authorize and dikect the Tri-.asurkrs to receive the
PAY BILLS OF THE MeMBERS OP THE LEGISLATURE AND SOLICITORS, FOR
THE PRESENT SESSION, IN PAYMENT OF TAXES, OR TO PAY THE SAME
OUT OF THE UNAPPROPRIATED MONIES IN THE TREASURY ; AND TO MAKE
APPROPRIATIONS FOR THE RI.PAIRS OF THE GaoL IN OrANGEBURGH
District.
T. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority
of the same. That the President of the Senate and Speaker of the House
Pay bills of ^f Representatives respectively are hereby authorized and required to sign,
Legislature. '" behalf of the members in either house, respectively, bills or warrants
for the usual pay allowed to the members of the legislature and the solici-
tors, for their attendance at the present sessions ; and that the treasurers
be, and they are hereby, authorized and directed to receive the aforesaid
drafts in payment of taxes, crto pay the same out of the unappiojniated
monies of the State.
H. And he it furtlier enacted by the authority aforesaid. That the sum
of twenty-five dollars be appropriated for the Reverend George Reid, for
,, . . nreachin" before the Legislature ; the sura of thirty-five dollars to the
tertam appro- ' =>,, o„,.' ,,, 111 <-,
priutions. messenger, and the sum 01 thirty-nve dollars to the doorkeeper 01 the
Senate ; and the sum of thirty-five dollars to the messenger, and the sum
of thirty-five dollars to the doorkeeper of the House of Representatives ;
and the sum of one hundred dollars to the clerk of each house respectively ;
and the sum of one hundred dollars to the private secretary of the governor,
for performing the duties of the secretary of state, absent with leave — for
their attendance on the present session, in manner and form as is herein-
before directed.
HI. Andhe it fnrtlicr cr)actedh''jy\\e.m\'Ci\ox\\.^ aforesaid. That a sum not
exceeding two hundred dollars be allowed, out of the unappropriated
monies in the treasury, and be paid to the commissioners for repairing the
gaol of Orangeburgh destrict.
In the Senate House, the sixteenth day of May, in the year of our Lord one thou-
sand eight hundred and four, and of the Independence of the United States of
America the twenty-eighth.
JOHN GAIL LARD, President of the Senate.
ROBERT STARK, Speaker of the House (f Representatives
OF SOUTH CAROLINA.
an act to supply thic defects occasioned by thk loss op the no. 1841.
Great Si:al op this Stat.; afpixed to grants for land within the
SAME.
Whereas, much inconvenience may arise, and great injury accrue
to the citizens of this State, by reason that very many grants for lands Preamble
within this State have not the great seal of the State to the same, and
therefore may be considered in our courts of law as wanting that hitrh
degree of evidence which may be deemed necessary to authenticate such
grants ; for remedy whereof,
I. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same. That from and immediately after the passing of this Act, no
erant for lands lyina; within the limits of this State, heretofore issued, shall »,
f . 1111,1 • 1 • ■ 1 ■ 1 • i. ^ , No grant to he
be impeached or tieclar&d void m any court within this btate, for or by void for want of
reason that such grant shall not have the great seal of the State affixed •'"= £■■<"»' s^*'-
thereto ; but such grant, being in all other respects fairly and regularly
completed, perfected and authenticated, (although the grent seal of the
State may be wanting ihereto) shall be deemed and taken as good and
legal evidence of a grant, in any court within this State ; any law, usafe
or custom to the contrary thereof in any wise notwithstanding.
n. And whereas, the affixing of the great seal of this State to grants for
lands is inconvenient, and apt to cause the destruction of the same ; Be it Sma\l seal to
t/iert^ore enacted hy the aulhority aforesaid. That from and immediately '"' *®''^'' '■°
after the passing of this Act, it shall be the duty of the Secretary of State
to affix to all grants hereafter to be issued, the small seal usually affixed
by him to the commissions of public officers ; and every grant so seal-
ed shall be, and is hereby declared to be, as fully authenticated as if the
great seal of the State had been affixed thereto; any law, usage or custom
to the contrary thereof in any wise notwithstanding.
In the Senate House, the fourteenth day of December, in the year of our Lord one tliou-
eand eiglit hundred and five, and in the thirtieth year of the Independence of the
United States of America.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
AN ACT to alter and amend an Act entitled "An Act to incorporate No. 1842.
the Town of Beaufort ; and for other purposes therein mentioned."
(Passe<l December 14, 1805. See last volumi.)
\
STATUTES AT LARGE
No. 1843. AN ACT td ratify and confirm the acts and proceedings of per-
sons HERKToPORE ACTING AS TRUSTEES OF THE Coi.LEGf. OF CO-
LUMBIA.
Former pro-
ceedings con-
firmed.
Associate
judges made
trusrees.
Time of meet-
ing of trustees
changed.
College may
confer degrees.
Trustees to be
elected by
joint ballot.
WHEREAS, it has been recently discovered that there exists a variance
between the enrolled Act entitled " An Act to establish a College at Co-
lumbia," of record in the office of the Secretary of State, and the printed
copy thereof, promulgated by authority of the State, for the informatitm of
the public; by reason whereof divers persons named in said printed copy,
but who are not mentioned in the original Act, were required to act as
trustees of said college, and did accordingly interfere and act as such:
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That all and every Act heretofore done, assented to
or concurred in, by each and every person named as trustees in the printed
copy of the Act entitled " An Act to establish a College at Columbia,"
passed the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and one, from the promulgation thereof until the pass-
ing of this Act, which would have been legal and valid had the said
persons been named or appointed trustees in and by the enrolled Act
aforesaid, shall be, and the same are hereby declared to be, ratified and
confirmed, and held to be as firm and effectual in law, in as full and ample
a manner as if their several and respective names had been inserted in
said Act.
IL. And he it further enacted by the authority aforesaid. That the associ-
ate justices of the court of common pleas for the time being, shall be, and
they are hereby declared, ex-officio, to be trustees of the said college.
HL And he it enacted by the authority aforesaid. That the stated
meetings of the trustees of the said college shall, and the same is hereby
declared to, be changed from the first Wednesday in December to the
fourth Monday of November in each year.
IV. And he it enacted by the authority aforesaid, That the said college
shall have full and ample power to confer degrees on students or such other
persons as may be deemed qualified to receive the same.
V. And. be it exacted by the authority aforesaid. That such part of the
said Act as directs a nomination of trustees by the legislature be, and the
same is hereby, repealed ; and that in cases in which heretofore the legis-
lature might have nominated trustees, that the same shall be elected by a
joint ballot of both branches of the legislature, and that the persons having
the highest number of votes on such ballot, shall be, and are hereby de-
clared to be, trustees of the said college.
In tlic Senate House, the fourteenth day of December, in the year of our Lord one thou-
sand eight hundred and five, and in the thirtieth year of the Sovereignty and Inde-
pendence of the United States of .imerica.
ROBERT BARNWELL, President of the Sctiatc.
JOSEPH ALSTON, S2)eaker of the House of Representatives.
OF SOUTH CAROLINA.
AN ACT REh.\TiVK Tu THE EsTATK OP THE l.ATi: Dr. JdHN De La HoWE. No. 1844.
WHEREAS, the late Dr. John De La Howe, by his last will and tes-
tament, vested certain real estates, in the district of Abbeville, in the
Agricultural Society of this State, for the uses and purposes set forth in the Preamble,
said will ; and whereas, the said trustees have petitioned the legislature to
accept of their resignation of the said trust:
L Be if. therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the Resignation of
authority of the same, That the legislature of this State do hereby accept '*"' "'"stees
,- , ■ ■ . ,. , , , ° , , ., 1 • • '-accepted.
oi the resignation ot the said trustees, and that all powers, authorities and
duties \ested in or imposed upon the said trustees, do for ever hereafter
cease and determine.
II. And be it further enacted by the authority aforesaid, That Colonel
Joseph ColhouB, Peter Gibert, Andrew Norris, the Rev. Moses Wad- Other trustees
dell and Ezekiel Colhouii, be, and they are hereby appointed, trustees for *PP°""'^''"
the purposes of carrying into effect the said last will and testament of
the said Dr. John De La Howe ; and that they are hereby vested with as
full and ample powers, privileges and authorities, as the said Agricultural
Society, by the said last will and testament of the said Dr. John De La
Howe, was vested with.
HL And be it further enacted by the authority aforesaid. That in case
of the death or resignation of any of the commissioners hereinbefore How vacancies
named, that the others or survivors shall have, and they are hereby vested"''^ '" ^^ filled,
with, full power and authority to fill up and supply any vacancy or va-
cancies so occurring. Provided always, that the said commissioners do
annually account before the ordinary of x\bbeville district, in the way and
manner in which executors and administrators are by law required to
account.
In the Senate House, the fourteenth day of December, in the year of our Lord one
thousand eight hundred and five, and in the thirtieth year of the Independence of
tlie United States of America.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Speahcr of the House of Rcjtresentatives.
AN ACT to incorporate the Trustees of the Pineville Academy. No. 1845.
(Passed December 14, 1S05. See last volume.)
AN ACT to incorporate the Botanic Society of South Carolina. No. 1846.
(Passed December 14, 1809. See last volume.)
STATUTES AT LARGE
No. 1S47. AN ACT to authcjrize Thlpmas P. Carnes to practice in the Courts
OF Law and Equity in this State.
WHEREAS, by a clause of an Act, entitled "An Act to alter and
amend the several Acts for establishing and regulating circuit courts
throughout this State," passed the twenty-first day of December, in theyear
of our Lord one thousand seven hundred and ninety-two, it is enacted,
that no person hereafter shall be permitted to practice as an attorney or
solicitor in any of the courts of this State, whose known and established
residence shall nnt be within the same. And whereas, Thomas P. Carnes,
of the State of Geoigia, who had been iidmitted to practice in the said
courts previous to the passing of the said Act, hath petitioned the Legis-
lature to exercise his former privileges :
1. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That the said Thomas P. Carnes be, and he is here-
by, authorized to practice in tlie courts of law and equity in this State; any
thing in the before recited clause to the contrary notwithstanding.
In the Senate House, the fourteenth day of Deeember, in theyear of our Lord one thousand
eight hundred and five, and in the thirtieth year of the Independence of the United
States of America.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Siicakcr of the House rf Representatives.
No. 1848. AN ACT to prevent the opi ration of the limitation Act on the
Lands of the late Thomas Wadswokth, Esquire, deceased.
WHEREAS, the late Thos. Wadsworth, in and by his last will and tes-
tament, did devise certain lands, situated in difl'eicnt parts of this State,
for the express purjjose of supporting a free school in Laurens district,
which cannot be effected in the manner contemplated by the deceased,
and which in fact may ultimately be prevented, by the operation of the
said Act :
I. Be it therefore enacted by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That the operation of the Act of limitation shall be,
and the same is hereby, suspended so far as it may relate to or aflect the
aforesaid lands of the said Thomas Wadsworth, deceased, so devised for
purposes before mentioned.
In the Senate House, the fourteenth day of l)i cemljer, in the year of our Lord one thousand
eight hundred and five, and in the thirtieth year of tlic Independence of tlic United
States of America
ROBERT BARNWELL, President of the Senate.
.rOSEPH ALSTON, Speaker of the House of Representatives.
OF SOUTH CxVROLINA. 497
AN ACT TO AUTHORizK Elihu Hall Bay, one of the Assocute No. 1849.
Justices of the State, to li:avf, tiik same for twelve mon ins.
WHEREAS, Elihu Hall Bay, Esq., hath petitioned the legislature for
permission to leave the State for twelve months. And whereas, it is un-
certain when the said Elihu Hall Bay may depart therefrom :
I. Be if therefore enacted, by the honorable the Senate and House of Reji-
resentatives, now met and sitting in General Assembly, and by the authori-
ty of the same, That the said Elihu Hall Bay be, and he is hereby,
authorized to leave the State for the term of twelve mouths, to be calcula-
ted from the time of his departure.
In tlie Senate House, the fourteenth day of December, in the year of our Lord one thousand
eight hundred and five, and in the thirtieth year of the Independence of the United
Slates of America.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Sjurder of the House of Rej,resentat/res.
AN ACT TO AUTH lliIZE the drawing of Juuirs FOR W^ILLIAMSBURGH No. 1S50.
District; and to carry i^to effect the Act of the Lkgislature
ENTITLED " An Act to BTect and establish Lexington County into a Cir-
cuit Court District, and for altering the sitting of the Courts in Horry
District;" and for otiiek purposes therein mentioned.
hat times
le courts i
L Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same. That the courts in the southern circuit shall sit at the following ti,,
times, at the places now by law established, that is to say : at Oiange- t'.'e southern
burgh, for Orangeburgh district, on the serond Monday in March and Oc-g-J'''"" '"'^ '°
tober in every year; for Barnwell district, on the third Monday in March
and October in every year ; for Edgefield, on the fourth Monday in March
and October in every year ; for Newberry, on the first Monday after the
fourth Monday in March and October in every year; at Granby, for Lex-
ington, on the second Monday after the fourth Monday in March and Octo-
ber in every year.
H. Be it enacted by the authority aforesaid. That the court of Wil-
hamsburgh district shall be holden in future at Williamsburgh court house, iian,si,urgh to
on the twenty-first days of March and Octolier in every year, and shall he holden at
continue to sit for any time not exceeding five days ; and that the court of J^ '''i'','"^''^"''S''
Horry district shall in future be held at the court house, in the district of
Horry, on the twenty seventh days of March and October in every year;
and shall continue to sit for any time not exceeding four davs.
in. Be it enacted by the authority aforesaid, That the sherig^ who
shall be elected for Lexington district, and the sheriff who shall be elected Sheriffs to
for Williamsburgh distiict, be, atid they are hereby, authorized and le- "'*'"= j"0'''»t»-
quired immediately after they shall be elected and commissioned, to make
a jury list from the tax return of their respective district': of the preceding
VOL. v.— 63.
•1-»S STATUTES AT LARGii
A.I). I!;(i.',. yL-ur, ;ii,ni'f;il,ly In Irivv ; iiiitl tlje suul slieritt's respectively, and tlie respec-
tive i-h^rUs who sliull he appi)iiitecl and commissioned tiir liie said districts
of Le.vinirlon and VV'illianibbuigii, siiall forthwith draw from the said juiy
hst, jurors to serve at the courts of common pleas and general sessions to
be holden in and for the said districts of Lexington and Williamsburgh,
at the times and places herein before appointed, in like manner as jurors
are now drawn to serve in the courts of common pleas and general ses-
sions in this State.
SiieriiTa, clerks ^^'^^ -'■^"'^ ^'^ '' enacted by the authority aforesaid. That the sheriffs,
and coroners lo clerks and coroners in and for the said districts of Lexington and William-
be commission hm-gh^ shall be appointed and commissioned in the same manner as those
officers have hitherto been appointed in the other districts of this State.
, V. And be it enacted by the authority aforesaid. That the office ofor-
iii''toii°ohe or-'^'"^'y '""' registi-r of niense conveyances shall be, and is hereby, vested
dinurv and re- in the clerk of the courts of common pleas and general sessions of ihe said
gister. district of Lexington.
Clerk f Wl ^'^' ^'"^ ic ;> t^actoZ by the authority aforesaid, That the office of re-
liamsburgh to gister of mesne conveyances shall be, and is hereby, vested in the clerk of
be reffjsterof the said courts of common pleas anil general sessions of tlie said distiict of
mesne convey- ait-it i i
ances. Wilhamsburgli.
VIL And be it enactid by the authority aforesaid. That the clerks of the
said courts of Lexington and Williamsburgh be, and they aie hereby, au-
Clerks to issue (_jj.j,.;2t,J and required to issue a writ oi venire facias, directed to their
writs of venire • i -A- i i i. i ■ i ,• ■ -,
facias. respective slierins, who shall summon tlie jurors so drawn as atoicsaid, to
appear and serve at the said courts ; and that all jurors so summoned and
failing to attend agreeably to such summons, shall be, and they are hereby
declared to be, subject to the penalties prescribed by law against defaulters
ill like cases.
VI II. And be it enacted by the authority aforesaid. That all suits and
.Soils dencnd- pt'O-socutions depending in the courts of common pleas and general ses-
iiii; in said dis- sions at Orangcburgh, wherein the defendants reside in the district of Lex-
tricts, where to i|,n(|,„ shall be removed to the courts of the said distiict of Lexington,
be determined. , i , c i, i • i i i n • i • i
and be there nnally determined ; ano that all suits and prosecutions de-
pending in the couits of common pleas and geneial sessions at Georgetown,
wherein the defendants reside in the district of Willianisbargh, shall be
removed to the courts of the said district of Williamsburgh, and be there
finally iletermined ; and that all recognizances entered into for the appear-
ance of any person or persons at Orangeburgh, in cases which shall be
tiau.sferred to Lexington, and all recognizances which shall be entered
into for the ajipearance of any person or persons at Georgetown, in cases
which shall bo transferred to VVillianisburgh, shall be continued and be
biuiling on the parties for their appearance at the sitting of the said courts
of Lexington and Williamsburgh respectively.
IX. And. be it enacted by the authority aforesaid. That Theodore Gour-
,, . ^. ..din, .Tames Carapbell and John Nessmith, E.squiies, be, and they are
totakeboiul hereby appointed, commissioners for the purpose of taking bond and secu-
aiul security j.jjy f|-,im the clerk and .slieiitt" npjiointed and elected for the said district
clerks and she- "^ Wrilianisbui'gh ; and thai .rohii .James Haig, Alexander Bell, Joseph
riiTa. Culpepper, Hargrove Ailhui- and Jacob Seibels, be, and they are hereby
apjiointed, commissioners for the purpose of taking bond and security from
the clerk and sheriff' who may be appointed and elected for the said dis-
trict of [.lexington.
X. .4«y/ A*- ?V (■»rtc/i'v/ by tin' aiithoiiiy aforesaid. That it shall be the duty
ralioattoTrdtlic of the attorney general to altcud ihe said courts of Willianiburgh district
courts at Wil- respectively, and there prosecute all actions and indictments which may be
liamsburgh. necessary within the limits of the said district.
OF SOUTH CAROLINA. i'M
XI. And ic /« efflarfr(Z by the authority aforesnid, That all jurors di'awn \-l>. isrs.
for the next succeeding courts, (where the time tor holding such courts has ^-'••■■^*'"^*-^
been altered by this Act,) and all persons bound in recognizance for their Jurors and per-
appearances at such courts, shall be bound to ajipear and serve at such ^""'' ''""".'"
time and place as is fixed by this Act for the respective holding of such shalf be bound
courts ; and that all writs and processes issued from and out of the said '" appear at
courts, and returnable thereto on the day heretofore appointed for the ^g. ^"^^<^<"" '*•
turn of the same, shall be returnable to the said courts respectively, fifteen
days next before their respective times of silting as appointed by this Act.
XII. Whereas, some doubts exist as to the propriety and legality of
making out the jury list at the last sitting of the court of common pleas Jurors drawn
and general sessions of th^j peace at Orangeburgh, in and for the distiict?' <Jr""se-
^ i^ o o ' _ bur" b declared
of Orangeburgh ; Be it t/icrefore enacted hy the authority aforesaid, That lawTul.
the jurors drawn from the said lists are hereby declared to all intents and
purposes lawful juries, to sit, try and determine all suits and indictments,
depending and to be tried in the said courts, for the said distiict, at the
next spring circuit, anil that no challenge either to the array, the pannel
or poll, shall be admitted against such juries on account of their having
been drawn from such lists ; any act, matter, clause, usage, or custom, or
law, to the contrary thereof, in any wise notwithstanding.
tn the Senate House, the fourteenth day of December, in the year of our Lord one thou-
sand eight hundred and five, and intlie tliirtieth _\ear of the Sovereignty and Indepen-
dence of the United States of America.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Represcnldi^ves,
AN ACT to fix the rates of storage of Cotton in Charleston. No. 1851.
(Passed December 19, 1805. See last volume.)
AN ACT to repeal an Ordinance of the City Council of Charleston No. 185-2.
('Passed December 19, 1805. See last volume.)
AN ACT TO KNABLE JUSTICES OF THE Pe.\OE AND OF THK QlIORUM TO No. 1853.
COMPEL THE ATTENDANCE OF WITNESSES BEFORE THEM, IN THE TRIAL
op CAUSES SMALL AND MEAN.
I. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same, That it sliall and may be lawful to and fi)r any justice of the
I
500
STATUTES AT LARGE
j\.l). 1805. peace and quorum of this Stale, to issue a summons, Jirected to any per-
''~^'~^'~^''^ son or persons whose testimony may be necessary for the investigation of
Justices may any cause which shall be depending before him or them ; which said sum-
summon wit- nions shall be signed by the justice or justices who shall issue the same.
II. And he it enacted by the authority aforesaid, That all constables are
hereby authorized and required duly to execute all summonses and other
Summons to precepts whatsoever, to them or either of them directed, by any justice or
be obeyed, on justices of this State; and every person who siiall, at any time or times
hereafter, be duly summoned to attend and give evidence before any of
the justices, relative to matters cognizable by justices of this State, and
shall refuse and neglect so to do, such person shall be subject to the same
penalties, and liable to be proceeded against in the same manner, by pro-
cess from such justice or justices, signed as aforesaid, as if such person
had refused to give evidence when thereunto required lawfully in any dis-
trict court of this State.
penalty.
In the Senate House, the nineteentli day of December,
sand eight hundred and five, and in the thirtielli
United States of America.
in the year of our Lord one thou-
/ear of tlie Independence of the
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker oj the House of Representatives.
No. 1854. AN ACT for the incorporation of Georgetown.
(Passed December 19, 1S05. See last volume.)
No. 1855. AN ACT to incheask the compensation allowed to Shi:riffs by
Law, I'oR the custody and dieting of thi;ir Prisoxeus.
WHEREAS, by the increased price of provisions throughout the State,
the fees now allowed by law to sheriffs for the detention and maintenance
of prisoners committed to theit custody, have become insufficient :
1. Be it therefore enacted, by the Senate and House of Representatives,
now met and sittingin General Assembly, and by the authority of the same,
That for each prisoner confined and dieted in any gaol of this State, thir-
ty-seven and a half cents per diem be allowed to the sheriff wlio shall have
charge thereof, in lieu of all other claims on the part of said sheiiff, for
such detention and provision.
In the Senate House, the nineteentli day of December, in the year of our Lord one thou-
sand eight hundred and five, and in the thirtieth year of the Independence of the United
States of America
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
^^V ACT TO CEDE TO THE UnITED StATES VARIOUS FoRTS AND FoR- No. 1S56.
TIFICATIONS, AND SlTES FOR THE ERECTION OF FoRTS.
I. Be it enacted, by the honoiable the Senate and House of Representa- p^^fg fonfca-
tlves, now met and sitting in General Assembly, and by the authority of tioiis, and sites
the same, That there shall be, and hereby is, sfranted to the United States''','',,''"'^''™'''"?
« . 1, 1 -1 -1 1 , • /^ , • n I «■ Ti • 01 lorls, ojrantea
ol America, all the right, title and claim oi this State to the lollovving to the irnited
forts, fortifications, and sites for the erection of forts, in manner following : States.
All the lands reserved for fort Moultrie on Sullivan's island ; provided,
the same shall not exceed five acres, with all the forts, fortifications and
buildings thereon, together with the canal leading from the cove on the
back of the fort, nearly up to the same, as deUneated on the plan of
Charleston harbour by Col. Senf, and is in the secretary of state's office at
Columbia.
The high lands and part of the marsh belonging to fort Johnston, as de-
lineated on the said plan of Charleston harbour; provided, the same shall
not exceed twenty acres, including the present site of fort Johnston.
The land on which fort Pinckney is built, and three acres around the
same.
A portion of the sand bank marked C, on the south easternmost point
of Charleston, as delineated on the said plan of Charleston harbour, not
exceeding two acres. A quantity of land not exceeding four acres, for a
battery or fort, and necessary buildings, on Dr. Blythe's point of land at
the mouth of Sampit river.
The small island in Beaufort river, called Mustard island, opposite
Paris's island, and a tract of land on St. Helena island, opposite the same,
not exceeding seven acres of land, as being a commanding ground suitable
for a principal fort.
n. A/id be it further enacted by the authority aforesaid, That the follow-
ing persons, viz : Col. Thomas Grayson, Captain John Jenkins and Wil- Commissioners
liam Elliott, Brigadier General Read, the Intendant of Charleston for the appointed to
locate tlie said
sites.
time being. Col. Daniel Stevens, Joseph Alston, Brigadier General Con
way, and Major Savage Smith, or any two of them, be, and they are here-
by appointed, commissioners, and authorized to locate, by proper metes
and bounds, at the expense of this State, so far as the charges of survey-
ors shall be incurred, all or any the above mentioned sites ; and who shall
return into the office of the Secretary of this State, on or before the first
day of January, in the year of our Lord one thousand eight hundred and
seven, fair plats of survey, and accurate descriptions of the said lands,
forts, fortifications and sites, so ceded, setting forth the limits and bounds
of the same.
III. And he it furl]/ er e/iacted by the authority aforesaid. That if the
United States shall not, within three years from the passing of this Act, and United States
notification thereof by the Governor of this State to the executive of the '".'T''.'"''.''"^
United States, repair the fortifications now existing thereon, or build such iions within
other forts or fortifications as may be deemed inost expedient by the exe- 'h^'^ years,
cutlve of the United States on the same, and keep a garrison or garrisons
therein ; in such case this grant or cession shall be void and of no effect.
IV. And he it further c/Mcted, That all process, civil or criminal, issued
under the authority of this State or any officer thereof, shall and may be process civil
served and executed on any part of lands and sites, forts and fortifications, or criminal,
so ceded by this Act, and on any person or persons there being and impli- '"".^ •"= served
cated in matters of law : Provided always, that the lands, sites, forts and i'nnd3'^o''cede'd.
fortifications so ceded, shall forever be exempt from any tax to be paid to
502 STATUTES AT LARGE
A. D. 1805. this State : And provided also, the United Stales shall, before possession
^-^'''^''"^~' be taken of the said sites so to be laid out by the above commissioners,
some of which are private proper'y, give and pay due compensation to the
owners and proprietors of the same.
Ill the Senate House, the nineteenth Jay of December, in the year of our Lord one thou-
sand eight hundred and tive, and in the thirtieth year of tlte United States of
America.
ROBERT BARNWELL, F resident of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
No. 1857. AN ACT to open the Navigation of certain Rivers therein mentioned,
and for cutting a Canal across North Island.
(Passed December 19, 1805. See last volume.)
No. 1858. ^iV ACT T.i EXEMPT THE OFFICERS AND ClERKS OF THE SfATE AND
OTHER Banks fijom sekvixg as Jurors.
WHEREAS, it hath been represented to the legislature, that the com-
pelling of the officers and clerks of the State Bank, South Carolina Bank,
and National Branch Bank, to attend and serve as jurors, has been found
to be productive of considerable interruption and injury to the interest of
the said institutions:
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That from and immediately after the passing of
this Act, the officers and clerks of the said Banks shall be exeinpted from
attending and serving as jurors in any of the courts of this State ; any
law to the contrary notwithstanding.
In the Senate House, tlie nineteenth day of December, in the year of our Lord one tliousand
eight hundred and 6ve, and in the thirtieth year of tlie Independence of the United
States of America.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
No. 1859. AN A('T to incorporate the several Societies tlierein mentioned ; and
for other purposes therein mentioned.
(Passed December 19, 1S05. See last volume.)
OF SOUTH CAROLINA.
^iV ACT FOR THE rUMSUMENT OF CiRTAIN CrIMES AGAINST THE StATE No. 1860.
OF South Carolina.
I. Be it enacted, by the honorable the Senate aud House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same. That from and immediately after the passing of this Act, every „
person or persons who shall or may be, either directly or indirectly, con- nected with
cerned or connected with any slave or slaves in a state of actual insurrec-?'^^'^^'''?'='"'>l
tion within this State, or who shall, in any manner or to any extent, excite, iie^adiud^ed
counsel, advise, induce, aid, comfort or assist any slave or slaves to raise, or guilty of trea-
attempt to raise, an insurrection within this State, by furnishing them with ^'"''
any written or other passport, with any arms or ammunition, or munition of
war, or, knowing of their assembhng for any purpose tending to treason or
insurrection, shall afford to them shelter or protection, or shall permit his,
her or their house or houses to be resorted to by any slave or slaves for any
purpose tending to treason or insurrection as aforesaid, shall, on conviction
thereof in any court having jurisdiction thereof, by confession in open
court, or by the testimony of two witnesses, be adjudged guilty of treason
against the State, and suffer death.
II. And he it enacted by the authority aforesaid, That any person
or persons who shall hereafter write or publish any inflammatory wri- fenaltv on
ting or words, or deliver publicly any iijflammatory discourse, tending jjjjjg^^'^,^^^
to alienate the affection or seduce the fidelity of any slave or slaves in this writing or
State, shall, on conviction in any court having jurisdiction thereof, by con- "'''™^-
fession in open court, or by the testimony of two witnesses, be adjudged
guilty of a high misdemeanor, and suffer such punishment, not extending
to life or limb, as shall be adjudged by the judge or judges presiding in
the court or couits before whom such tiial or trials may be had.
III. And in order to enforce the provisions of this Act, Be it enacted
by the authority aforesaid, Tliat all persons accused of writing, publishing. How pprsons
or speaking the writing, words or discourses, hereby interdicted, shall be accused are to
indicted therefor in any court having competent jurisdiction ; in which in-^* 'J™Jf''
dictment the writing, words or discourse published, held or made, shall be
plainly and distinctly set forth and charged ; and the finding of such in-
dictment by the grand jury shall be held and taken in law that the words
so charged are, under the provisions of this Act, of a seditious aud trea-
sonable nature, so as to authorize the arraignment, trial and conviction
of the person or persons accused: Provided always, nevertheless, that
the said person or persons, so accused, shall be entitled to all the benefits
and advantages of others accused of treason, so far only as extends to the
production of evidence and right of challenge ; but not so far as to plead
that the offence for which he, she or they may be indicted, is not herein
and hereby sufficiently and explicitly set forth.
fii the Senate House, the nineteenth day of December, in the year of our Lord one
thousand eight hundred and five, and in the thirtieth year of llie Independence of
the United States of America.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
STATUTES AT LARGE
No. 1861. AN ACT to enable John Barklev to change his name to that op
John Bankston.
WHEREAS, John Barkley hath petitioned the legislature to change
his present name to that of John Bankston :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That the said John Barkley be, and he is heieby,
authorized to change bis present name to that of John Bankston ; and that
he shall hereafter be known and distinguished in law, and in all transac-
tions in law wherein he may be bound or obliged, or wherein any person
or persons may be bound or obliged to him, by no other name but that of
John Bankston.
In the Senate House, the nineteenth day of December, in the year of our Lord one thousand
eight hundred and five, and in tiie thirtieth year of the Independence of the United
States of America.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, SjJcakeroftheHovseofReprcsrntatirrs.
No. 18G2. AN ACT to remove ckrtain doubts relative to the title of John
ROSBOROUGH to A CERTAIN LOT OF LAND AT CHESTER CoURT HoUSE.
WHEREAS, John Rosborough, by his petition preferred to the Gen-
eral Assembly of this State, hath set forth that he is vested in a lot of one
fourth of an awe of land at Chester court house, under the title of the
sheriff of Chester district, who sold the same as the property of Thomas
Anderson, deceased, who emigrated from Ireland, and had never become
a citizen, in conformity with the existing laws in such case made and pro-
vided ; and whereas, doubts have arisen respecting the validity of his
title in consequence thereof:
I. Be it enacted therefore, by the honorable the Senate and House of
Representatives, now met and sittmg in General Assembly, and by the
authority of the same. That should it appear that the said Thomas Ander-
son, at the time of his being seized in the lot aforesaid, was an alien, the
same shall in no manner or way affect the validity of the title to the lot afore-
said, but that the saine shall be as valid to all intents and purposes as if he,
the said Thomas Anderson, had been a natural born citizen ; any law,
usage or custom to the contrary thereof in any wise notwithstanding.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and five, and in the thirtieth year of the Independence of the
United States of America.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
AN ACT TO AUTHORIZE THE AGRICULTURAL SoCIETY OF SoUTH CAROLINA No. 1863.
TO RAISE A CERTAIN SUM OF MONEY BY MEANS (JP A LOTTERY.
WHEREAS, the Agricultural Society of South Carolina, hath present-
ed a memorial to the leeislature, setting forth the objects of their institu- _ , ,
n , I , ^ • 1 " • 1 1 , • • Preamble,
tion, and that they have incurred considerable expenses in prosecuting
their designs of introducing useful improvements in husbandry and agri-
culture, and have prayed the aid of the legislature to enable them to raise
a sum of money by means of a lottery ; and whereas, it appears that the
exertions of the said society are of a laudable nature, and are likely to
prove conducive to the public good :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That the said Agricultural Society shall be, and g^^j^" *"y*)j_
they are hereby, authorized and empowered to raise, by means of a lotterv oiized to draw
or lotteries, to be conducted in any manner which the said society, or a^'^''^''^-
majority of them, may think most advisable, a sum of money not exceeding
si.x thousand dollars, to be applied to the use and benefit of the said
Society.
Ill the Senate House, the nineteenth day of December, in the year of our Lord one thousand
eight hundred and five, and in the thirtietli year of the Independence of the United
States of America.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker of the Hovse of Representatives.
AN ACT to authorize the City Council of Charleston to ascertain and No. 1S64.
define the wards within that City ; to appoint an Escheator ; and for
other purposes therein mentioned.
(Passed December 19, ISOS. See last volume.)
AN ACT to repeal an .'\ct of the General Assembly of this State en- No. 1865.
titled " An Act for the better regulating the streets and markets of
the Town of Columbia, and to incorporate the said town."
(Passed December 19, 1S05. See last cohime.)
AN ACT to establish certain Roads, Bridges and Ferries ; and for No. 18C6.
other purposes therein mentioned.
(Passed December 19, 1805. See last volume.)
VOL. v.— 64.
Comm
appointed,
STATUTES AT LARGE
No. 1867. A/V ACT for appointi.ng Commissionkhs to ascertain and run out
THE DIVIDING LINES BETWEEN OkaNGE AND LEWISBUi:Gll CoUNTlES,
AND ALSO THE LINES BETWEEN OkANGi: CoUNTY AND LeXINGTON
District.
WHEREAS, many inconvenieiicies daily arise by reason that the divi-
I'reaiuble. ding lilies between the counties of Orange and Lewisbuigh, and Orange
and Saxegotha, have never hitherto been properly ascertained and marked
out :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That John Thomas, Alexander B.Stark, Benjamin
Hart, Doctor Jamison and Jacol) Rumph, junior, be, and they are hereby
appointed, commissioners; and they, or a majority of them, are hereby
vested with full powers and authority to run, mark out and blaze the said
lines, in following manner, that is to say : the old dividing line between
the parishes of St. Matthew's and Orange shall be continued until it strikes
Beaver creek, if the same can be found ; but if the said old dividing line
cannot be found, then and in that case aline shall be run from the head of
Four Hole swamp, running north, forty-five degrees west, until it strikes
Beaver creek on its main branch ; which line shall lie taken and considered
as the dividing line between the said parishes of St. Matthew's and Orange ;
and Beaver creek, from where the said line strikes its main branch, down
to its entrance into the Cougaree river, shall be taken and considered as
the dividing line between St. Matthew's and Saxegotha ; and the dividing
line between Orange and Lexington shall commence where the line divi-
ding St. Mathew's from Orange parish sliall strike the main branch of
Beaver creek, and the old dividing line, if it can be found, shall be pursu-
ed ; but in case the said old dividing line cannot be found, then and in that
case the line shall run to the head of the main branch of Beaver creek,
and from thence a direct line to the mouth of Cedar Pond branch, where
it intersects North Edisto river, thence up North Edisto river until it
strikes the line of Edgefield district.
n. And he it further enacted by the authority aforesaid, That the said
commissioners shall have full power and authority to employ a surveyor,
axe men, and such persons as may be necessary to assist them in ascer-
taining and running out the said dividing lines, upon the most reasonable
terms they can, to be paid by the State.
In the Senate House, the nineteentli day of December, in the year of our Lord one ihonsMnd
eiglit hundred and five, and in the thirtieth year of the Independence of the United
States of America.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Sj>cakcr of the House of Representatives.
Their powers
and duties.
No. 1868. AN ACT to incorj)orate the South Carolina Insurance Comjiany.
(Passed December 19, 1805. See laM volume.)
OF SOUTH CAROLINA.
^.V ACT ro am;;nd an Act entitled " An Act to apjminl Escheators No. 1S69.
and to regulate Escheats."
WHEREAS, in and by the Act entitled " An Act to appoint escheators
and to regulate escheats," it is enacted, that escheators shall be appointed
by the joint ballot of the Senate and House of Representatives, and com-
missioned by the Governor or Commander-in-chief, who shall execute the .,
duties of their office in person, and not by depuiy, and give bond, and take
the oath in the said Act mentioned and recited. And whereas, the Legis-
lature of the State have heretofore given and bestowed on divers coipora-
tions in this State, instituted and established for charitable and other
laudable purposes, portions of such property as hath or may hereafter es-
cheat, and to which the State hath or may become entitled unto as escheats,
with liberty to said corporations, respectively, to act as escheators ; and it
being impossible for corporations to act in person, or to take the oath pre-
scribed as aforesaid,
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That in all cases wherein the State hath heretofore
or shall hereafter relinquish or cede to any body corporate or politic, any „ . rcfr-
pait or portion of property which hath or may hereafter revert to the State tain corpora-
as escheated pmperty, that the said corporations respectively shall have, ''""^ ^''l*''*"
and are hereby declared to have, full power and authority in relation to
the property so ceded, to nominate and appoint escheators, who, on giving
bond in the sum required in and by the aforesaid Act, and taking the oath
therein prescribed, shall be commissioned as escheaturs aforesaid, (with
limited power and authority as aforesaid) by the Governor and commander
in-chief for the time being ; and the escheators to be appointed and com-
missioned shall execute their office in proper person, and not by deputy,
and be vested with all the powers and authority with which escheators in
and by the Act aforesaid are declared to be invested with ; any thing in
the said Act to the contrary thereof in any wise notwithstanding.
Ill the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and five, and in the thirtieth year of the Independence of the
United States of America,
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
AN ACT to enable Budcade Matthews and Mary Ekelsale to bring No. 1870,
into this State certain Negro Slaves fi-om the Bahama Islands.
(Passed December 19, 1805. Se.e last volume.)
STATUTES AT LARGE
No. 1871. AN ACT to enforce the due observance of the Military law, so far
as the same relates to Captains Jacob Drayton and William
Rouse.
(Passed December 19, 1505. See last volume.)
No. 1872. AN ACT TO .authorize thk Treasurer to pay to David R. Wil-
liams THE amount of A GKNEHAL InDENT AND A SuRPLUS CERTIFI-
CATE.
WHEREAS, David R. Williams hath petitioned the legislature to
make some provision for the payment of a general indent of the State of
South Carolina, number one hundred and ninety-nine, book E, for forty-
nine pounds, and a surplus certificate, signed by John Neuville, Esquire,
dated the ninth day of July, one thousand seven hundred and ninety-two,
for ninety-two dollars and sixteen cents, which were lost.
1. Be it therefore enacted, by the honorable the Senate and House of Rep-
resentatives, now met and sitting ill General Assembly, and by the authority
of the same. That Felix Warley, Esquire, treasurer of the lower division,
be, and he is hereby, authorized and required to pay the amount or market
value of the said certificate and indent, upon the said David R. Williams
making oath that they were his property, and are lost. Provided neverthe-
less, that the said David R. Williams give bond and security to the treasu-
rer of the State aforesaid, in double the amount thereof, to indemnify the
State against the same.
(n the Senate House, the nineteenth day of December, in the year of our Lord one Ihou-
sanil eight hundred and five, and in the thirtieth year of the Independence of the
I'nited States of America.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
No. 1873. AN ACT to prevent the obstbuctionb to the passage op Fish it
THE EnoREE and certain OTHER RiVERS.
Obstructions to
L Be it enacted, by the lionorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
be'reraoved."'" the same. That every person who now hath, or may hereafter erect, any
dam, hedge or other obstruction across Enoree river, or any part thereof,
so as to prevent the passage of fish up said river, shall, by the first of Oc-
tober next, provide a good and sufficient slope or sluice, at least twenty
feet wide, for the passage offish up the said river, the said slope or sluice
to be kept free from any trap, weir or other obstruction which might im-
pede or prevent the passage of fish up or through such slope or sluice
OF SOUTH CAROLINA. 509
aforesaiil ; and upon neglect thereof, shall forfeit and pay to any person A.D. ISOS.
who shall inform and sue for the same, before any justice of the peace, the ^-^'■■"''~^-'
sum of twelve dollars for every twelve hours during which such obstruc- Penalty fornot
tion shall continue after the time aforesaid, until the first day of March '""°^'"S '*''""•
next ; and such slopes or sluices shall, in like manner, be kept open from
the last day of January until the first day of May, inclusive, in every year
thereafter, under the penalties aforesaid.
II. And he it further enacted, That the said Enoree river shall be kept How farthe
open as aforesaid, from Reuben Gun's mill down to the confluence of the Enoree and
aforesaid river and Broad river ; and also that Broad river be kept open ^''''''a '"'ers
■ .1 111 1 • /■ • 1 , 'i- are to be kept
m the same manner, and under the same penalties as aforesaid, to the dis-open.
tance of four hundred yards below the confluence of the said Broad and
Enoree rivers.
III. And he it further enacted. That Benjamin Herndon, John M'Mor-
ress, William Calmes, ,Tohn Pucket, John Farrar, George Mosely and
Ebenezer Moss, be, and they are hereby appointed, commissioners to view appoin'ted""^"^'
and superintend the slopes or sluices aforesaid ; and they, or any three of superintend the
them, are hereby authorized and empowered to adjudge the sufliciency or ^|,°''^^ '"'■ j'"''
insufficiency of the slopes or sluices aforesaid ; and the justice of the peace vera,
before whom any such suit may be brought, is hereby authorized to sum-
mon any three of the aforesaid commissioners who may be most conveni-
ent, and who do not otherwise attend, to view and report to him the suffi-
ciency or insufficiency of the slopes or sluices complained of, who shall
give his judginent accordingly.
IV. And he it further enacted, hj the authority aforesaid. That if any
person or persons shall put traps or any kind of obstruction in the Cataw- tawba rhcrslo
ba or Broad rivers, so as not to leave a free passage of fifty feet in the be kept open.
principal channel of the rivers aforesaid, then and in that case every per-
son so offending shall forfeit and pay to the informer, for every twelve
hours twelve dollars, to be recovered before any justice of the peace.
In the Senate House, the nineteenth day of Deceraber,in the year ofour Lord one thou-
sand eight hundred and five, and in the thirtieth year of the Independence of the
United States of America.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Sj^eaker of the House of Representatives.
AN ACT TO AUTHORIZE CERTAIN COMMISSIONERS TO LOAN OUT THE No. 1874.
PRINCIPAL SUMS ARISING FROM THE SALE OF THE LoTS IN CoTs'WAY-
BOROUGH ; AND DIRECTING THAT UNTIL THE GaOL OF HoRRY DIS-
trict be complkted, persons accused op the commission of
Crimes in the said District, shall be committed to the Gaol
OF Georgetown.
I. Be it enacted by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same. That so much of the clause of an Act entitled " An Act to estab-
lish a new district therein mentioned," passed on the nineteenth day of
December, one thousand eight hundred and one, as relates to the appro-
510 STATUTES AT LARGE
A. T). 1805. priation of the money arising from the sale of certain lots in Conwaybo-
^-^^^"""^^ rough, be, and the same are hereby, repealed ; and that Henry Durant,
Benjamin Gauze, Anthony Pawlev and Edward Connor, be, and thev are
Proceeds of i ^ • , , • ''• / , ,, • • j i .t,
lots in Conway- "sreby appointed, commissioners to supply the vacancies occasioned by the
borough, how death of Samuel Foxworth, and the resignation of William Verreen, Wil-
tobe disposed jj^ju Williams and John Graham, and in addition to the commissioners ap-
pointed under the aforesaid Act, and passed in the year of our Lord one
thousand eight hundred and one ; and they, or the majority of them, be,
and they are hereby, authorized and empowered to continue the sale of the
said lots, and to receive the money arising from such sale, and to jiut to
and keep at interest the principal sums arising fi-om such sale, and to ap-
propriate the interest arising therefrom to the educating of poor orphan
children, and the cliildren of poor parents who are not able to educate
them.
II. And be it enacted hy the authority aforesaid. That all persons whom
it may be necessary to commit to gaol for the commission of any crime
within the limits of Horry district, be committed to the gaol of George-
town district, as heretofore, until the gaol of Horry district be completed.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and five, and in the tliirtieth year of the Independence of tiie
'United States of America.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, SjKaker of the House of Representatives.
No. 1S75. AN ACT to raisi; supplies for thu year one thousand eight hun-
dred AN'D FIVE ; AND FOR OTHER PURPOSES THEREIN MENTIONED.
I. Be it enacted, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same, That a tax, for the sums and in the manner hereinafter men-
tioned, shall be raised, and paid into the public treasury of this State, and
for the use and service thereof.
n. And be it enacted by the authority aforesaid. That twenty-five
Rate of taxa- cents per centum ad valorem be paid in specie or paper medium on all
lion on lands, lands granted within this State, under the several regulations heiein-
after e.\pressed. Class No. 1 shall contain all tide swamp of the first
quality, not generally aflected by the salts or freshes, which shall be rated
at twenty-six dollars per acre ; all tide swamp of the second quality,
not generally affected by the salts or freshes, which shall be rated at
seventeen dollars per acre; all tide swamp of the third quality, not gen-
erally affected by the salts or freshes, which shall be rated at eight and a
half dollars per acre ; all pine barren lands adjoining such swamps, or con-
tiguous thereto with respect to the benefit of water carnage, which shall
be rated at two dollars per acre ; all prime inland swamp, cultivated and
uncultivated, which shall be rated at an average of thirteen dollars per
acre ; all inland swamp of the second quality, which shall be rated at eight
and a half dollars per acre ; all inland swamp of the third quality, which
shall be rated at four dollars per acre ; pine barren lands, adjoining or
contiguous thereto, which shall be rated at one dollar per acre ; and all
salt marsh, or inland swamp, clearly proved to the collectors to be incapa-
OF SOUTH CAROLINA. 511
ble of immediate cultivation, which shall berated at one dollar per acre. A.U.ls.us.
Class No. 2 shall comprehend all high river swamps and low grounds, ^-^''^•'"^^-'
cultivated and uncultivated, including such as are commonly called second
low grounds, lying above the flow of the tides, and as high up the coun-
try as Snow Hill on Savannah river, and the fork of Broad and Saluda rivers
on the Congaree, Graves's Ford on the VVateree, and the boundary line on
Pedee ; the first qvudity to be rated at thirteen dollars per acre; the se-
cond quality at eiglit and a half dollars per acre ; the third quality at foul
dollars per acre ; except such as may be clearly proved to the collec-
tors to be incapable of immediate cultivation, which shall be assessed at
one dollar per acre. Class No. 3 shall comprehend all high river swamps
and lowgrounds, lying above Snow Hill, the fork of Broad and Saluda riv-
ers, Graves's Ford on the Wateree, and the old Indian boundary line,
which shall be rated at three dollars per acre. Class No. 4 shall couipiehend
all high lands without the limits of St. Philip's and St. Michael's parishes,
within twenty miles of Charleston, and on John's Island and James's
Island, which shall be rated at four dollars per acre. Class No. .'5
shall comprehend all lauds on the Sea islands, (Slann's island included,)
or lying on or contiguous to the seashore, usually cultivated, or capable of
cultivation, in corn, cotton or indigo, not within the limits prescribed in class
No. 4, which shall be rated at four dollars per acre. Class No. 6 shall com-
prehend all oak and hickory high lands lying below Snow Hill and the fork
of Broad and Saluda rivers, Graves's Ford, and the new boundary line on
Pedee, and not included in the limits or description of the two preced-
ins: classes, numbers 4 and 5, which shall be rated at three dollars per acre.
Class No. 7 shall include all pine barren lands not included in classes
numbered 1, 4 and 5, which shall be rated at twenty cents per acre. Class
No. S shall comprehend all oak and hickory iiigh lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first
quality of which shall be rated at one and a half dollars per acre ; the se-
cond quality, at one dollar per acre ; and the third quality at forty cents
per acre. Class No. 9 shall comprehend all oak and hickory high lands
above the old Indian boundary line, the first quality of which shall be rated
at one dollar and twenty cents per acre ; the second quality at sixty cents
per acre ; and the third quality, at twenty cents per acre. Class No. 10
shall include all lands within the parishes of St. Philip's and St. Michael's,
which shall be assessed in the same manner and upon the same principles as
houses and lots in Charleston, and in a relative proportion to lands in the
country.
HI. And be it enacted by the authority aforesaid. That fifty cents per
head shall be levied upon all slaves ; and the sum of two dollars per Rate of taxing
head on all free negi"oes, mulattoes, and mestizoes, between the ages slaves, &,c.
of fifteen and fifty ; and twenty-five cents ad valorum on every hun-
dred dollars of the value of all lands, lots and buildings within any city,
village, or borough ; and fifty cents per centum on all stock in trade, fac-
torage, employments, faculties and professions, (clergymen, schoolmasters,
schoolmistresses and mechanics excepted,) — to be ascertained and rated
by the assessors and collectors throughout the State, according to the best
of their knowledge and information ; to be paid in paper medium or specie.
IV. And. he it enacted, by the authority aforesaid. That all negroes
and other slaves who are employed on any lands leased by any person or Slaves employ-
persons of the Catawba Indians, shall be, and they are hereby made, Jia-P'' "," I"'*'»"
ble to the payment of this tax. But nothing in this Act contained shall be
construed to impose any tax upon the property or the estate of any religious
society, or the South Carolina Society, the Winyaw Indigo Society, or the
512 STATUTES AT LARGE
A. U. 1805. Fellowship Society, or of the estate of the late Doctor De la Howe, devi-
^-^'~^'~"*^ seJ for charitable purposes, and that part of the estate of the late Thomas
Exceptions. Wadsworth which was devised for the establishment of a school, or the Clar-
endon, or the High Hills of Santee, or the Camden Orphan Societies, or
the Columbia Academy, or the lands and funds owned by the Free School
at Dorchester, or the public lands held by the corporation of Charleston, or
of the lands and funds of any society applicable to the education or main-
tenance of public schools.
V. And he it. enacted by the authority aforesaid. That every person
Absentees dou- entitled to any taxable property or estate in this State, who resides with-
ble taxeil. ^^^ jj^^ limits of the United States, shall, for the use of this State, pay a
double tax on the same. But this clause shall not be construed to extend
to the property of any person sent, or hereafter to be sent, abroad in the
employment of this State or of the United States, until one year after the
expiration or determination of his commission ; or to the property of any
young man sent abroad for his education, until he attains the age of twen-
ty-three years ; or the property of any person now absent from the United
States, unless such person has been absent for one year.
VI. And be it enacted, by the authority aforesaid, That the tax collec-
What shall be tors throughout this State shall receive no payment of taxes but in gold
received lor ^^ silver coin made current in this State, the paper medium issued under
the authority of the Legislature, bank paper redeemable in the first in-
stance in gold or silver at the bank of the United States, the branch
bank thereof in Charleston, the bank of South Carolina, the State Bank,
or certain certificates for the pay of the members of the Legislature, or
the Solicitors, for their attendance on the Legislature.
Vn. And be it enacted by the authority aforesaid, That each and every
Returnsof all enquirer, assessor and collector shall, on their enquiry for their return of
made on oath? taxes of this State for the year one thousand eigiit hundred and five, ad-
minister the following oath to all such persons as may be liable tn pay any
of said taxes, viz: "I, A B, do solemnly swear (or affirm, as the case may
be) that the account which I now give in is a just and true account of the
quantity and quality of the lands, and the number of slaves, on the first
day of October, one thousand eight hundred and five, in any man-
ner whatsoever, which 1 was possessed of, interested in, or entitled to,
either in my own right or in the right of any other person whomsoever,
either as guardian, executor, agent, attorney, trustee, or in any man-
ner whatsoever, according to the best of my knowledge or belief; and
that I will give a just and true answer, according to the best of my knowl-
edge, to all such questions as shall be asked me touching the same ; and
this I swear without any kind of equivocation or mental reservation what-
Tuxon money soever." And upon the principal sum of every sum or sums of interest
at interest. money actually received, over and above what each persons pays on account
of interest, except where such interest money is received by any widow,
orphan or unmarried woman, having no other means of livelihood, and
where such interest money does not amount to more than one thousand
dollars, the said assessor, enquirer or collector, or assessors, enquireis
or collectors, to whom the same shall be returned, shall assess the sum of
twelve and one half cents on every hundred dollars which shall have pro-
duced an interest of seven percent., and a proportionable sum on all other
sums of money drawing less or more than seven per cent; to be recovered
in like manner, in case of default, as the collectors are authorized by law
heretofore to do on their returns of lands or slaves.
Preperty not VHL And he it enacted by the authority aforesaid. That in case any
person or persons shall neglect to make a return of his, her or their monies
OF SOUTH CAROLINA. 513
producing interest as aforesaid, they shall be liable to and suffer the same A. 1). 1805.
forfeitures and pay the same penalties as are authorized by law in case of ^■^^v^>^
their refusing or neglecting to make a return of his, her, or their lands or
slaves.
IX. And be it enacted by the authority aforesaid, That the instal-
ments OH the paper medium which shall be due on the first Wednes-
day in March next, shall not be required to be jiaid as directed by an Act'^^""" °^ pay-
entitled " An Act for raising supplies for the year one thousand seven jgr mediumf^*
hundred and ninety-four," but shall be paid on the first Wednesday in
March, which will be in the year of our Lord one thousand eight hundred
and seven. Provided, that no person shall be entitled to the benefit
of this clause who shall not give additional security, if required, to the
treasurer at Charleston, in all cases where he is not fully satisfied of the
sufficiency of the former security, and in all cases where default has been
made in paying what has heretofore been due, or which may be made in
paying the interest to grow due on the first day of March next.
X. And be it enacted by the authority aforesaid. That the commis-
sioners of the treasury shall be, and they are hereby, required to furnish .
copies of this Act, and of the Act supplementary to an Act entitled " An Act lo be fur-
Act for declaring the powers and duties of the enquirers, assessors and nished.
collectors of the taxes, and of other persons concerned therein," to each of
the collectors appointed by law throughout this State, who have not yet
been furnished with such supplementary Act, within one month after
passing this Act, and their reasonable expenses occasioned thereby shall
be reimbursed.
XI. And be it e?iacted by the authority aforesaid. That the Comp-
troller be, and he is hereby, required to postpone making sale of theg^^lg^f l^^jg
lands directed to be sold by the twenty-third clause of an Act entitled " An postponed.
Act supplementary to an Act entitled an Act for declaring the powers and
duties of the enquirers, assessors and collectors of the taxes, and of other
persons concerned therein," until the first day of January, one thousand
eight hundred and seven.
XII. And be it enacted by the authority aforesaid. That from and
after the passing of this Act, all persons liable to pay any taxes hereafter
to be imposed by any law of this State, shall, on or before the first day of kiag retymg
February in each and every year, give in a just and true return of all and paying
slaves, and of the quantity and quality of lands, and monies at interest, as"^^^^'
may be directed and required by the said laws, which they may hold or be
entitled unto in his, her or their own right, or the right of any person or
persons whomsoever, either as guardian, trustee, attorney, agent, executor,
administrator, or otherwise howsoever ; and shall, on or before the first of
May ensuing, pay their taxes to the collector of that collection district
where the party making such return, either by himself, his or her family,
may reside the greater part of the year. And that the said assessors or
collectors shall annually pay the same, and settle their accounts with the
treasurer, on the first day of June next ensuing, so far as respects the tax
collectors of the lower division of the treasury.
XIII- And whereas, sundry borrowers of the paper medium loan have
not paid the interest due on the sums borrowed by them, and sales have been Morteaeed
made of the lands mortgaged to secure the said loan, and the treasurers lands bought
have bought in the said lands for defect of bidders, and the same remain'""" account
as the property of the State, unproductive ; and in other cases the property be sold,
so sold has been purchased in by the mortgagors and others, who have
not complied with the terms or conditions of the said sales ; Beit therefore
enacted by the authority aforesaid. That the treasurers aforesaid shall be,
VOL. v.— 65.
.514
STATUTES AT LARGE
Forfeiture on
not com-
plying with
the terms of
such Bales.
Terms of sale
when lands
Defaulters lia-
ble for any
deficiency by
Riich sales.
and they are lieieby, authorized and directed to cause all the lands
hiiught ill as aforesaid on account of the State, and all the lands purchased
in by the mortgagers or other persons wliomsoever wlio have not complied
with the conditions of the former sales of tlie said property, to be put up
to sale, in the districts in which they severally lie, by the sherift's of the
said districts, on a public sale day, after giving three months notice thereof,
and shall sell the same to the highest bidder, who shall pay one fourth
ot the purchase money in cash, and the remaining three fourths in one and
two years ; for the performance of which he shall give his bond and a mort-
gage of the premises, and also personal security, to be approved of by
the sheriff and three commissioners, residing in such districts, to be nom-
inated by the treasurer. Provided, no sale of the mortgaged lands shall
take place when any person interested in the same shall, previously to the
day of sale, tender one third part of the sum due, together with expenses
incurred.
XIV. And be it. enacted by the authority aforesaid, That on all sales
made in pursuance of the next preceding clause, and under the authority
thereof, the purchaser shall, immediately after the said property shall be
knocked off to him, pay into the hands of the sheriff making the said sale
a sum which shall at least be equal to ten per cent, upon the amount of
his purchase, towards the payment thereof; and if he should fail or ne-
glect to make such payment, the sheriff shall immediately set up the same
property for public sale, upon the spot ; and shall not, upon such re-sale,
or any other sale of the same property made by virtue of this Act, receive
the bid of the first purchaser or his agent. And that the sheriff shall, in all
his advertisements of the property sold by virtue of this Act, on account of
the paper medium loan, give notice that he will require the payment of
the said ten per cent. ; to the end that no persons inclined to purchase at
the said sales may be ignorant thereof.
XV. And he it enacted by the authority aforesaid. That if any pur-
chaser, after paying the percentage aforesaid, shall fail or neglect to
comply with the terms of the sale, all the money so paid shall be forfeited
to the State ; and shall be applied first to pay the costs and charges accrued
or due upon the said sale ; and the surplus, if any, shall be paid into the
treasury of this State, in aid of the revenue thereof.
XVI. And be it enacted by the authority aforesaid, That if any
person shall at any re-sale made by the sheriff' on account of the first or
any former purchaser having failed or neglected to pay the percentage
aforesaid, or to comply with the terms and conditions of the sale, such per-
son shall himself be bound by his purchase, and shall comply with this Act,
and the terms and conditions of such re-sale, and shall not be allowed to
say, set up, or pretend, that he bought the same as agent for the first or any
former purchaser. Provided always, that it shall be publicly proclaimed
by the crier at such sale, that the same was to be on account and risque
of the first or any former purchaser ; and that the conditions and terms of
the sale shall, in like manner, be proclaimed by him immediately before the
propel ty is set up.
XVII. And he it enacted by the authority aforesaid. That in case of any
re-sale made under the authority of the preceding clauses of this Act, on ac-
count or by reason of the non-payment of the ten per cent, hereby required
to be paid, or on account of the non-compliance with the conditions and
terms herein before prescribed, the person or persons fi)r whose default the
said re-sale shall be made, shall be, and he, she and they isand are hereby de-
clared, liable for any deficiency which may happen between the first and any
subsequent sales of the said property ; and the treasurers are hereby autho-
ed and directed to commence suits for the recovery of any such deficiency.
i OF SOUTH CAROLINA. 510
XVIII. And he it enacted by the authority aforesaid, That it shall 'i-I'-J««5.
be the duty of the tax collectors of this State to make, on the first Monday p^"^''^'""'^^
in September next, to the commissioners of the poor, in the parish or dis-
trict in which any poor tax shall be by the said tax collectors respectively
collected, a return of such poor tax, in like manner as they make their re-
turns of the public tax to the treasurers of this State.
XIX. And. he it enacted by the authority aforesaid. That the comptrol-
ler general be, and he is hereby, required and directed annually to call Transient poor
on the treasurer of the City Council of Charleston to render an ac-!"""""-''^''^^^"
count on oath to him of the application of such monies as are appro-
priated for the support of the transient poor, and for other purposes ; and
that the account so rendered be laid before the Legislature.
XX. And he it enacted by the authority aforesaid, That the several
tax collectors in each fiscal division of the State shall exhibit, in some,
column of their return, the number of acres of land lying within their (^ ^^^i".„'^pf„p,
respective divisions, and the luimber of acres lying elsewhere, and for erty lying in
which taxe-! shall be paid them : in like maimer they shall exhibit in other ?''''"','!'\"1"'"^'
, , , ^ £• ■ , ■ , • 1- • • 1 r 1 1 tor which taxea
columns the number of negroes withm then- divisions, and of those else- ure paid them.
where, and where, on which taxes shall be paid them ; and in other separate
columns exhibit the amount of taxes in their respective divisions, on every
different article taxed by law ; and the treasurers of each division, and the
comptroller, shall preserve these columns in their aggregate of taxes to be
laid before the next Assembly.
XXI. And he it further enacted hy the authority aforesaid, That the Jj,'J,'fgJ{f "J-' '"
inhabitants in the fork of Edisto, shall henceforth pay their taxes to the Edisto to pay
tax-collector of Orange Parish, whose power and authority shall hereafter ['"' '° ''j'^ '^'''"
extend throughout the fork, up to the lower line of Edgefield district. Orange parish.
XXII. And he it enacted by the authority aforesaid. That the tax collec-
tors for the parishes of St. Philip's and St. Michael's, Charleston, shall, on
the first Monday in the months of April, May and June, in each and every
year, make the following return to the treasurer of the lower division, to
wit: "I, A. B. do solemnly swear (or affirm) that the sum of flol" madeTy''tax
lars, by me now paid, is all the money which I have received on account coUeGtora.
of the general tax, since my last return." And on the first Monday in J uly,
in each and every year, the said tax collectors for St. Philip's and St. Mi-
chael's, Charleston, and each and every collector in the upper division of
the treasury of this State, and on the first Monday in June, in each and
every year, each and every collector in the lower division of the treasury
of this State, shall compleatly and finally close their several and respective
returns, by paying over the full balance which may have been received
by them, and producing to the treasurer of the said upper and lower divi-
sions of the treasury of this State, respectively, the sheriff's receipts for
all executions lodged by them against defaulters ; and if the 3heriH"'s re-
ceipt, so produced, shall not satisfactorily account for the full balance due
on the said return, then, and in such case, the treasurers in each division
respectively, shall be, and they are hereby, directed to enforce the means
pointed out by the Act entitled " An Act declaring the duties and powers
of the enquirers and assessors of taxes, and other persons concerned
therein," passed in the year of our Lord one thousand seven hundred and
eighty-eight. And the said several tax collectors, upon closing their said
returns, shall respectively take the following oath or affirmation, to wit :
"I, A. B., do solemnly swear (or affirm) that the retjn I now make, is a
just and true return of all the taxable property made for the collection dis-
trict of , and that the sum of dollars, by me now paid, is the
whole of the monies which I have received fir the general taxes of the
616 STATUTES AT LARGE
A. U. 1805. said district, since my last return;" which said oath or affirmation the
'^-^''^■^~'*-^ treasurer sliall impose, and cause to be endorsed on the said return.
XXIII. A?id be it enacted by the authoiity aforesaid, That every person
Persons sellin" liable to pay the tax hereby imposed, and who is required to malve a return
taxable proper- by the preceding clause of this Act, shall, in his or her said return, particu-
ty required to ]j,.|y account for any property by him or her sold since the return of the
make a return •' J ft J J ,i, i- i v,
thereof. precedmg year, by stating whether the same was sold by him or her be-
fore or subsequent to the first of October, then next preceding, and to
whom, that the comptroller-general, by an examination thereof, may be
enabled to ascertain whether the tax due thereon has been paid ; and in
case any person shall fail or neglect to do so, he, she or they shall be lia-
ble for a double tax thereon, in the same manner as he, she or they would
have been, had he, she or they not dispossessed themselves thereof.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and five, and of the Independence of the United States of America
tlie thirtieth.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
No. 1876. AN ACT to m.\ke ArpBopRiAxioNs for the year one thous.and eight
HUNDRED AND FIVE.
L Tie it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
Appropriations jj^^ same, That the following sums be respectively appropriated for the
salaries of public officers, and other expenses and purposes of government.
For the salary of the Governor, two thousand five hundred and seventy-
two dollars.
For the salary of the Secretary of the Governor, four hundred and thir-
ty dollars.
For the salaries of the six Judges of the courts of common law, each
two thousand five hundred and seventy-two dollars — in the whole, fifteen
thousand four hundred and thirty-two dollars.
For the salaries of the three Judges of the Court of Equity, each two
thousand one hundred and forty-four dollars — in the whole, six thousand
four hundred and thirty-two dollars.
For the salary of the Attorney General, for giving advice to the Gover-
nor and other public officers, in matters of public concern, as a full re-
compense for the discharge of all the public duties incident to his office,
as Attorney General, one thousand dollais.
For the salaries of four Circuit Solicitors, each, in lieu of all charges
against the State, for the performance of every public duty appertaining to
their respective offices, five hundred dollars — in the whole, two thousand
dollars.
For the salary of the Comptroller-general, two thousand five hundred
dollars.
For the salaiies of tlie Comptroller-general's clerks, and the stationary
lequisite for his office, one thousand si.x hundred dollars.
For the salary of the Treasurer of Charleston, as Treasurer and for
transacting the business of the Loan Office, and Clerks, two thousand six
hundred and fifty-eight dollars.
OF SOUTH CAROLINA. 517
Foi' the salary of the Treasurer in Columbia, including clerks, one A. U.1S05.
thousand six hundred and ninety dollars. v.^'-v-^-^
For the salary of the Clerk of the Senate, and the salary of the Clerk
of the House of Representatives, each twelve hundred and thirty dollars ;
in the whole, two thousand four hundred and sixty dollars.
As a compensation for the Clerk of the Court at Columbia, one hundred
and forty dollars.
As a compensation for the Clerk of the Court at Charleston, one hundred
and forty dollars.
As a compensation for the Sheriff of Richland district, for attending the
Constitutional Court at Columbia, fifty dollars.
As a compensation for the Sheriff of Charleston district, for attending
the Constitutional Court at Charleston, fifty dollars.
As a compensation for two Messengers to the Legislature, each two
hundred and sixteen dollars — in the whole, four hundred and thirty-two
dollars.
For the keeper of the State House at Columbia, one hundred and
thirty dollars.
For the salary of the Adjutant General, one thousand dollars.
For the salaries of nine Brigade Inspectors, each two hundred and six-
teen dollars — in the whole, one thousand nine hundred and forty-four
dollars.
As compensation for the Arsenal keeper and powder receiver, in the
city of Charleston, two hundred and sixteen dollars.
As compensation for the Arsenal keepers and powder receivers of Ab-
beville, Camden, Georgetown and Beaufort, each fifty dollars — in the
whole, two hundred dollars.
For the salai-y of the Port Physician of Charleston, six hundred dollars.
For the contracts of the State Printer, a sum not exceeding one thou-
sand one hundred and fifty-eight dollars.
As compensation for the Pilot for the bar and harbour of Georgetown,
three hundred and twenty-two dollars.
For Annuities, six thousand and five hundred dollars.
For the Transient Poor, payable to the City Council of Charleston, four
thousand two hundred and eighty dollars.
For the salary of the keeper of the Lazaretto of the port of Charles-
ton, five hundred dollars.
For the expenses for carrying into effect the Quarantine Law, one thou-
sand dollars.
As a contingent fund subject to the Governor's draft, he submitting an
annual account of the expenditui-e thereof, six thousand dollars.
For the expenses of the Members of the Legislature at the present ses-
sion, and pay of the Solicitors for their attendance, thirteen thousand and
five hundred dollars — if so much be necessary.
As compensation for two Doorkeepers to the Legislature, each two
hundred and sixteen dollars — in the whole, four hundred and thirty-two
dollars. And as compensation for two Messengers, each two hundred and
sixteen dollars — in the whole, four hundred and thirty-two dollars.
For the rent of the Governor's house in Columbia, two hundred and
fifty dollars.
For the Rev. Mr. Reid, for performing divine service during the ses-
sion, one hundred dollars.
For aid in supporting the transient poor at Georgetown, the sum of two
hundred and fifty dollars, to be paid to the commissioners of the poor for
the parish of Prince George, Winyaw, and to be laid out and expended
518 STATUTES AT LARGE
A.D. 1805. by them for the use of the transient poor ; the said commissioners to pub-
"^^''^'^^^ lish annually, in the Georgetown Gazette, the names of all such transient
poor, and the sum laid out for each, as may have been relieved by this fund ;
an account on oath to be returned to the comptroller, and by him submitted
to the legislature.
For the discharge of the contingent expenses of the upper division, a
sum not exceeding five thousand thrse hundred and seventy-tvv'o dollars
and sixty-three cents.
For the discharge of the contingent expenses of the lower division, a
sum not exceeding three thousand four hundred and fifteen dollars and
thirty-eight cents.
For the City Guard, payable to the City Council of Charleston, four
thousand dollars.
For building a wall round the gaol in Charleston, and repairing the gaol,
a sum not exceeding nine thousand dollars.
For building a gaol and repaiiing the court house in Barnwell district,
five thousand dollars.
To John Kiikpatrick, for a certificate issued to George Ridley, for
fifty-six pounds, and indorsed by the treasurer of the upper division, as
registered, but which was neglected ; to be paid with interest thereon,
agreeably to the terms of the register.
To the commissioners of the public buildings in Newberry district, for
the payment of Thomas Haskett and George Schoppart's account, two
hundred dollars.
For the opening of Saluda river, ten thousand dollars.
For the opening of Broad river, four thousand dollars.
For the opening of Savannah river, ten thousand dollars.
For the opening of Big Pedee river, from Britten's ferry to the place
where the North Carolina line crosses the said river, four thousand dollars.
For the opening of the Wateree river, between Camden and its conflu-
ence with the Congaree river, two thousand dollars.
For the opening a cut through North Island, twenty thousand dollars.
For the commissioners of the tobacco inspection in Charleston, to dis-
charge the arrears due by that institution, three thousand dollars.
Alexander Dickey, for an indent, amounting to four pounds fifteen shil-
lings and eight pence, with interest.
Gabriel Fridig, for a negro executed, one hundred and twenty-two dol-
lars, forty-four cents.
Nathaniel Malone, for a negro executed, one hundred and twenty-two
dollars and forty-four cents.
John Bynum, late sheriff" of Orangeburgh district, three hundred and
forty-one dollars, fifty-two cents.
For James McDowell's demand, as per resolution, three hundred and
sixty-one dollars, eighty cents.
Margaret Martin, for pension, twenty-two dollars.
Celey Taylor, for pension, twenty-two dollars.
Samuel Beekinan, fi)r amount of dower, with cost, recovered by Mrs.
Cape, on a house and lut sold to him free from incumbrances by the com-
missionersof confiscated estates, with interest from the seventh of Decem-
ber, one thousand eight hundred and four, thr«e hundred and ninety-four
dollars, forty-five cents.
Charles J. Colcock, for balance of his account as solicitor, one thousand
six hundred and forty dollars, fifty-four dollars.
Daniel O'Haia, when he shall produce proper documents proving him-
self to be the acting and proper attorney of the trustee of Mrs. Ann Buyck,
and shall have given bond and security to the treasurers to indemnify the
OF SOUTH CAROLINA. 519
State, and keep it safe from the payment of a bond given by Alexander A. D. 1805.
Gillon, for fifteen thousand guilders ; and also from the payment of an v^"'V"^»'
indent issued to Peter Buyck, C, No. 705, for three hundred and thirty-five
pounds, five shillings and seven pence sterling; five thousand three hundred
and eight dollars.
John Beaty, for riding express from Horry district to Charleston, twen-
ty four dollars.
II. And be it further enacted by the authority aforesaid, That the pay
hereinafter to be provided for the support and maintenance of the maga- Magazine
zme guard, shall be restricted to that of an officer, sergeant and six men ; §"»''<'•
and that the sum of two thousand two hundred dollars be appropriated
for the payment of the said guard, under the direction of the comptroller
general.
III. And be if further e?iacted by the authority aforesaid, That the treasurer Paper medium
of the lower division of the treasury, under the direction of the comptroller t" be burnt.
general, and in his presence and in the presence of the Governor, Presi-
dent of the Senate, Speaker of the House of Representatives, and any
three of the Judges of the Courts of Law or Equity, or in the presence
of a majority of the persons above named, shall, as soon as convenient af-
ter the passing of this Act, cause all the paper medium of this State, now
in the treasury, or that may be received previoiisly to the next sitting of
the Legislature, provided the same shall not exceed the sum of seven
thousand two hundred and ninety-eight dollars and fifty-seven cents, to be
burned ; and to report to the Legislature the amount of the medium
wliich may be burned.
IV. And be it enacted by the authority aforesaid. That the balance
of the interest which hereafter shall remain to this State, on the debt Funded debt to
due by the United States, after paying the interest due on the funded B°"£n' "P-
debt of this State, and the amount of the principal which may be paid on
the principal of the debt due to this State by the L^nited States, shall be,
and the same is hereby, appropriated to the purchase or redemption of
the funded debt of this State, by the treasurer of the lower division, under
the direction of the comptroller general and the standing committee of the
legislature.
V. And be it further enacted by the authority aforesaid. That the treasu-
rer on receiving any monies from a tax collector, or any other person of Treasurer to
this State, shall give him or her two receipts for the same ; and in case f 'T'^ '"'" ''''•
,1, 1 ^ r • 1 1 • : ■ ceiptsformo-
any treasurer shall neglect to turnish such person with two receipts as nies received
aforesaid, he shall forfeit and pay a sum not exceeding two hundred dol- by him.
lars, nor less than fifty dollars, to be recovered in any court having juris-
diction thereof, by the comptroller general.
VI. And be it enacted^ by the authority aforesaid, That the following:
persons be, and they are hereby appointed, a standing committee to carry stand'n?
into execution the provisions of this Act, referred to them, viz: John committee.
Ward, John Blake, John Drayton, John Dawson, Jr., Henry Deas, and
AVilliam Lee.
For the payment of John Colhoun, forty-two dollars and fifty-five
cents.
For the payment of the claim of Daniel O'Hara, attorney for the trustee
of Mrs. Buyck, five thousand three hundred and eight dollars.
For a gown for the President of the Senate and Clerk theieof, two hun-
dred and seventy-seven dollars and twenty-one cents.
For building a steward's house, appertaining to the State College in Co-
kimbia, a sum not exceeding si.x thousand dollars.
For finishing the court house in Columbia, a sum not exceeding five
hundred dollars.
520 STATUTES AT LARGE
A. D. 1805. Por payment of Thomas Lee's account, formerly solicitor of tlie south-
^^'"^'"^^ ern circuit, eight hundred and eighteen dollars and fifty-six cents.
For re-printing the laws from the year seventeen hundred and ninety-
one, to the year eighteen hundred and four, both inclusive, and for making
an index to the said laws, three thousand seven hundred dollars.
Fo» the repairs of the court house and gaol of Kershaw district, a sum
not exceeding five hundred dollars.
For compensation to William Rice, sheriff of Union district, for his
trouble in selling the public buildings in Union district, foity-one dollars.
For Craddock Burnell, for a negro executed for house breaking, one
hundred and twenty-two dollars and forty-seven cents.
For the repairing the gaol of Newberry district, three hundred dollars.
For the purpose of indemnifying John Rusk, for losses sustained in
building the public gaol of Pendleton district, the sum of five hundred dol-
lars.
For paying William Copeland the interest on a certain claim for public
services rendered during the late American war, the sum of three hundred
and thirty-eight dollars.
For paying William M'Clure for services rendered during the late
American war, two hundred and eighty-nine dollars and fifty-eight cents,
and three and one half per cent, thereon from the twenty-sixth day of
March, one thousand seven hundred and eighty-four ; the sum of five hun-
dred and nine dollars and thirty-eight cents.
For indemnifying Daniel Wilbanks, for losses sustained in building
Greenville court house and gaol, the sum of three hundred dollars.
For indemnifying Mary Kincaid and others, representatives of James
Kincaid, deceased, for lands lost by a suit at law, and costs of the law suit ;
which lands were purchased by the said James Kincaid in his life time at
.sheriff's sale, under a mortgage for the loan of paper medium, the sum of
two hundred and seventy-eight dollars and twenty -two cents.
VIL And be it further enacted by the authority aforesaid. That a sum
. . not exceeding fifteen hundred dollars be appropriated for the payment of
for the adjust- '^6 expenses attending the adjustment of the claims respecting the boun-
ment of bound- daries between this State and the State of North Carolina; and that the
this^Sta'rand ^'"^ of six dollars per day be allowed therefrom each of the commissioners
N. Carolina, appointed on the part of this Slate, for the time for which they may have
been, or may hereafter be, employed in the execution of the duties of their
appointment.
In the Senate House, the nineteenth day of December, in the year of our Lord one thousand
eiglit hundred and five, and in the thirtieth year of liie Independence of the United
States of America.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatitis.
No. 1877. AN ACT to suspend forevek the sale of certain Lands therein
MENTIONED.
WHEREAS, it hath been represented, by sundry petitions, that great
hardship and injury would result to a number of the inhabitants of this
ream e. g^g^jg^ jjy ^]^^ gg^jg ^f certain lands, directed to be sold by an Act entitled
OF SOUTH CAROLINA. 3-U
"An Act supplementary to an Act entitled an Act for Jeclaiiiig the pow- A. D. 1806.
ers and duties of the enquirers, assessors and collectors of the ta,\es, and ^-^''v"^'-'
of other persons concerned therein :"
I. Be it therefore enacted, by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the authority g^|g „(• certain
of the same. That the sale of all the lands contained within the bounds of lands suspen-
the several grants made to Thomas Aikins, lying in the district of Orange-
burgh ; and the sale of all the land contained within the bounds of the grant
made to John Milling and Henry Hunter, lying within the district of Fair-
field, fwhich said grants have been withheld for default in the payment of
the purchase money by the grantees,) be, and are hereby, for ever sus-
pendeil ; any thing in the said Act entitled " An Act supplementary to an
Act entitled an Act for declaring the powers and duties of the enquirers,
assessors and collectors of the taxes, and of other person concerned there-
in," to the contrary thereof in any wise notwithstanding.
II. A/id be it farther enacted by the authoiity aforesaid. That the sheriff
of Orangeburg district, and the sherifl" of Fairfield district, be, and they <^r»»te to be
are hereby, ordered to return, forthwith, the several grants for lands in the'^""'"'"
names of the said Aikins, Millmg and Hunter, now in their possession re-
spectively, into the secretary's office of this stale.
In the Senate House, the twentieth day of Deceujher, hi the year ot oiii Lord one thnu-
SHnd eight hundred and six, and in tlie thirly-Jirst year of the Independence of tiie
United Slates of America.
WM. SiMlTH, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Represeutatircs.
AN ACT TO ALTER AND AMEND TIIE SI VEKAL AcTS HERHTOl'^OUE PASSED No. 1878.
KEGULATING THE ADMISSION OF AtTOKNIES, CoUNSELLOUS AND SoLICI-
TOltS TO PRACTISE IN THE CoURTS OP LaW AND ElJUITY IN THIS
State.
L Be it enacted, by the honorable the Senate and House of Rep-
lesentatives, now met and sitting in General Assembly, and by the au-
thority of the same. That in future every person, being a citizen of the How attornies
United States, and residing in this State, who shall have attained the age ^j°'," °!j|.^'^jj, 1^^.
of twenty-one years, and shall have been admitted to plead and practise as aHniitted in fu-
an attorney or solicitor in the superior courts of law and equity, in any of ""''^•
the United States, whose period of regular study previous to his admis-
sion, and that of his regular and actual practice afterwards, shall, together,
form the term of three years, if he shall have graduated in any regular
college or university of the United States, or in any regular foreign col-
lege or university, and if he shall not have so graduated, then if they
shall, together, form the term of four years, upon undergoing an exami-
nation to the satisfaction of the judges, in the manner provided in and bv
an Act of the General Assembly aforesaid entitled " An Act for regulating
the admission of attornies and solicitors to practise in the couits of law and
equity in this Slate," passed the 19th day of December, 1796, shall be, and
he is hereby declared fit and competent to be, admitted to plead and prac-
VOL. v.— 66.
522 STATUTES AT LARGE
A. D. 1806. tise in all the courts of law and equity of this State ; and shall, upon
^-^''^'~*^^ applicntion, be admitted to the bar, and be enrolled in the usual form.
II. And be it further enacted by the authority aforesaid, That in future
every person, being a citizen of the United States, and residing in this
aiiiiiiued to the State, who shall have attained the age of twenty-one years, and who shall
bar ill this have diligently read law in the office and under the directions of any regu-
'"'"*• lar practising attorney, or in the office and under the directions of any
judge of the superior courts of law or equity in this State, or any one of
the United States, or partly in this State and partly in any other state, for
the period of three years, if he shall have graduated in any regular collesfe
or university in this State, or of the United States, or in any regular foreign
university, and if he shall not have so graduated,! then for the period of
four years, upon undergoing an examination to the satisfaction of the
judges, in the manner provided by the Act of the General Assembly afore-
said entitled "An Act for regulating the admission of attornies, counsel-
lors and solicitors, to practise in the courts of law and equity in this State,"
shall be, and he is hereby declared fit and coinpetent to be, admitted to
plead and practise as an attorney, counsellor or solicitor, in all the courts
of law and equity in this State ; and shall, upon application, be admitted
to the bar, and be enrolled in the usual form. Provided nevertheless, that
no person shall be admitted as aforesaid unless he shall have served a reg-
ular and diligent clerkship in the office of a practising attorney in this
State, for and during the period of one year immediately preceding his
application to be admitted as aforesaid : And provided also, that nothing
herein contained shall repeal, or be construed to repeal, the last section of
the Act of Assembly aforesaid, entitled " An Act for regulating the admis-
sion of attornies, counsellors and solicitors, to practise in the courts of law
and equity in tins State."
III. And. be it further enacted by the authority aforesaid, That all Acts,
Former Acts, and parts of Acts, of the General Assembly, heretofore passed, which are
repuffnaiit to ' .^.i-a-imu ji i i 11
this Act re- repugnant to tins Act, shall be, and they are hereby, repealed.
pealed. IV. And whereas, it ajjpears that Enoch Hanford, Esq. has complied
with the terras of this Act in every respect, excepting that the clerkship
which he has served in this State was not immediately preceding the pre-
adiuitted'to the ^^"'^ '''"^'^ ' ^^^^ '•''^'' ^^'f*^'" having served such clerkship, being unable to ob-
bar. tain admission to plead and piactise as an attorney and solicitor in the
courts of law and equity of this State, under the then existing laws of the
State, he became a professor in the college of South Carolina, and has so
continued for the two years last past: And whereas, it would be a hard-
ship to require him to serve an additional clerkship of one year before his
admission as aforesaid ; Tie it therefore enacted, That the said Enoch Han-
ford shall be entitled to the benefits of this Act, upon his passing the ex-
amination prescribed by law.
lu the Senate House, the twentictli day of December, in the year of our Lord oue thousand
eight hundred and .=ix, ami in llie thirty-tirsl year of tlin Iiideii.Midenee of llie tJuited
States of America.
VV'M. SMITH, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
AN ACT to LEGALIZE THE TiTLKS AND GkANTS OF CURTAIN AllENS, No. 1879.
WHO HAVE SINCE BECOMK CiTIZRNS OR DeNIZENS.
WHEREAS, John George, James TodJ, Peter Keys, John M'Fall,
William Richards, and James Kennedy, have, by their petitions, represen-
ted to the Legislature of this State, that they were aliens born, and that
since they have come into the limits of this State they have obtained grants
of several tracts of land, or become purchasers thereof from citizens or
denizens of this State, or aliens, without having become themselves citizens
of the United States, or denizens of this State, by which the titles to their
lands are illegal and void, although they have since become citizens of the
United States, or denizens of this State :
L Be it therefore enacted by the honorable the Senate and House of Rep-
resentatives, That the said grants and titles to lands so obtained by the
above mentioned petitioners, he deemed and taken to be legal and valid in
law, and to vest such estate m said petitioners as they would have acquired
under the tenor and effect of said grants and said deeds, had they been
citizens of the United States at the time of obtaining such grant or grants,
or at the time such deed or deeds of conveyance were executed to them :
Provided nevertheless, That this Act shall not be construed to give any
of the rights of citizens or denizens to the above mentioned petitioners,
before the respective times of their admission as such, by taking the oath
of allegiance to the United States, or the oath of allegiance to this State
as citizens thereof.
Ill the Senate House, the twentieth day ofDecember, in the year of our Lord one thousand
sand eight hundred and six, and in the thirty-first year of the Independence of the
United States of America.
WM. SMITH, President of the Senate.
JOSEPH ALSTON, SpeaUr of tlie House of Representatives.
AN ACT TO knabi.e the Town Council op Georgetown to compel No. 1880.
THE ATTENDA.NCE OF WITNESSES BEFORE THEM; AND AUTHORIZING THR
SAID Town Council to convey, for the use of the Gaol in the said
TOWN, A PART OF THE STREET ON WHICH THE- SAID GaoL IS BOUNDED.
I Council
I. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of.,
the same, That it shall and may be lawful for the town council of George- ot^GeorgeTown
town to issue a summons, directed to any person or persons, being within """y summon
the limits of Georgetown, whose testimony may be necessary to carry j^fQ"""^^^^^-
effect any of the ordinances of the said town council ; which said summons
shall be signed by the intendant of the said town, or any one of the wardens
who may preside in his absence.
II. And be it further enacted by the authority aforesaid. That the con-
stables of the said town are hereby authorized and required duly to execute
all summonses and other precepts whatsoever, to them, oi either of them.
5-H STATUTES AT LARGE
A.I). 180i>. directed by the town couticil afore.said ; and any person who shall, at any
^-^^"^'"^^ time or times hereafter, be duly summoned to attend and give evidence be-
Constablesto fore the said town council, and shall neglect and refuse so to do, such pei-
ceot ""^ ^'''" '""' shall be subject to the same penalties, and liable to be proceeded
against in the same manner, by process from the said town council, signed
as aforesaid, as if such person had refused to give evidence when there-
unto lawfully required in any district court of this State.
III. And he it further enacted, by the authority aforesaifl. That the town
Land for the council of Georgetown are hereby authorized and empowered to convey,
usee ^S*°-fQr the use of the gaol of the said town, so much of the street on which
the said gaol is bounded, as they shall deem sufficient to enlarge the
yard thereof.
In the Senate House, the twentieth day of December, in the year of our Lord one thon-
sarid eight hundred and six, and in the thirty-first year of the Independence of the
United State.s of America.
WILLIAM SMITH, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
No. 188L AN ACT to require persons who purchased lots from the Com-
missioners OF the Town of Columbia to kugistek their titles;
AND for other PURPOSES THEREIN MENTIONED.
WHEREAS, by an Act entitled " An Act to appoint commissioners to
purchase land for the purpose of building a town, and for removing the
seat of governinent thereto," it is enacted that there shall be five commis-
sioners elected by the joint ballot of the Senate and House of Representa-
Preamble. tives. And whereas, when vacancies happened in the said board of com-
missioners, the Governor, from time to time, issued his commissions to
certain other persons, appointing such persons commissioners for carrying
the said Act into execution. And whereas, the number of commissioners
is not defined in the printed copies of the said Act, by reason of which in-
accuracy three persons did sometimes take upon themselves (being com-
missioned by the Governor as aforesaid) to put into execution the said
recited Act. And whereas, many sales of the public lots and squares in
the town of Coluinbia have been made by three or more of the persons
so commissioned by the Governor as aforesaid, and the consideration
money received by them ; to secure, therefore, all persons who have made
purchases of any of the lots or squares in the town of Columbia, and who
have paid for the same, and to prevent the great damage which may accrue
to persons who have so purchased of the commissioners aforesaid :
I. Be it enacted, by the honorable the Senate and House of Representa-
Titles to be tives, now met and sitting in General Assembly, and by the authority of
registered. ^q same, That all persons having or claiming any right, title or interest,
to or in any lot or lots, square or squares, of land in the said town of Colum-
bia, under the title or titles of the commissioners aforesaid, shall, within
twelve months from the passing of this Act, produce to the commissioners
hereafter to be appointed for carrying into full and complete effect the
OF SOUTH CAROLINA. 525
above recited Act, such title or titles as they may have received from the ^- ^- '^O*^-
aforesaid commissioners, to be registered in the office of the mesne con- ^-^""""^^^^
veyances of this district, except such as have already been registered ; to
the intent that such commissioners may certainly know, as well what lands
have been sold, as what persons intend to avail themselves of the provis-
ions of this Act.
II. And he it enacted by the authority aforesaid. That every person
who shall refuse or neglect to produce his or her titles for the purpose of ^"'' '^'
being registered as aforesaid, shall not be eHtitled to any benefit or advan-
tage of the provisions of this Act.
III. And whereas, the first commission was issued by the Governor on
or about the eleventh of June, one thousand seven hundred and ninety- Former bonds,
one ; Be it enacted by the authority aforesaid, That all bonds, notes and '-^'j.- declared
specialties, which shall have been given for the purchase of any lot or lots,
square or squares, bought of the commissioners so appointed by the Gov-
ernor as aforesaid, shall be held and deemed binding and valid, in law and
equity, and shall be delivered into the possession of the commissioners
hereafter to be appointed, and be sued for and recovered in any court of
law or equity, if default have failed in the payment thereof.
IV. And be it enacted by the authority aforesaid, That no title or titles
to any lot or lots, square or squares, of land in the said town of Columbia, Titles made by
registered as aforesaid, shall be impeached or held to be void for or by '""""' "^"'"j
reason of the said commissioners not having been elected by the joint ballot dared good.
of the Senate and House of Representatives, or because a less number
than five of the said commissioners may have signed the title or titles ; but
in every case where the said title or titles have been registered as afore-
said, such title or titles shall be held, deemed and taken as firm and effectu-
al, both at law and in equity, as if the same had been signed by commis-
sioners appointed by the jouit ballot of the Senate and House of Represen-
tatives, as by the said recited Act is required. Provided, that nothing in
this Act shall be construed to weaken or impair, in any degree, titles
which have been heretofore duly executed by the first commissioners first
appointed under and by virtue of tlie said Act.
V. And be it enacted by the authority aforesaid. That from and imme-
diately after the passing of this Act, his Excellency the Governor shall be, Governor to
and he is hereby, authorized and required to commission five fit and prop- "PP""?' ^''^
-■",,. /-ii 1 • 1 '^ i*^ commissioners.
er persons, and at all times to nil up such vacancies as may happen, who
shall be commissioners for the purpose of carrying into effect the said Act ;
which said commissioners, before entering upon the execution of their
duties, shall comply with all the other requisites of the said Act.
VI. Arid be it further enacted by the authority aforesaid. That it shall
be the duty of the comptroller general for the time being to examine into exa3iiie into '"
the accounts and proceedings of the said commissioners, and to report, and report the
annually, to the legislature, a true statement thereof; and to cause all the P™<^<'edings of
,,•' ,^.,., ,. , , commissioners,
bonds, notes and specialties due and owing, or as the same may become
due or owing, for the purchase of any lot or lots, square or squares, of land
in the town of Columbia, to be placed in the hands of the attorney general
and solicitors of the circuits respectively where the persons due or owing
the same may reside, for the recoveiy thereof; and also in like manner to
cause suits to be commenced for all such balance or balances as may be in
the hands of the respective commissioners, arising from the sales of any
lot or lots, square or squares, of land in the said town of Columbia, and for
which the said commissioners have not respectively accounted.
VII. And be it enacted by the authority aforesaid, That the said com-
52G STATUTES AT LARGE
A.D.lSOG. niissioneis shall, annually, report to the comptroller general the amount of
^-^''^*'^^*^ sales, and also their receipts and expenditures.
In the Sennte House, the nhieteenth day of Decemher, in ihe ypar of oar Lord one
thousand eig;ht huudrcd and six, and in the thirty-first year of llic Independence of
liie United States of America.
WILLIAM SMITH, President cf the Senate.
JOSEPH ALSTON, Sjyeaker of the House of Representatives,
No. 18S2. AN ACT to incorporate the several Societies therein mentioned ; and
for other purposes therein mentioned.
(Passed December 20, J 806. See last volume.)
No. 1SS3. '^-^ ACT TO COMPEL ci'.rtain Officers op the State to deposit, for
SAFE-KI!EPING, IN THE StATE BAjNK, THE MONIKS THEY HAVE RECEIV-
ED, OR MAY HERTAFTER R1:CEIVE, in TH::IR respective OFFICIAL
CHARACTERS.
I. He it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same, That the sheriff of Charleston district, the prothonotary of the
Certain public Court of common pleas and general sessions, and the master in equity, shall,
officers to de- weekly or monthly, deposit, for safe-keeping, the monies which they may
State Bank the receive in their respective official characters, whether the same shall be-
monies which long to the public or to an individual or individuals, in the State Bank
rL-ceive"*^ only ; and it shall be, and is hereby declared to be, the duty of the officer
depositing inonies as aforesaid to express, to the proper officer of the bank,
for whom and on whose account the said monies are deposited : and after
depositing such monies in the said bank, it shall not be lawful for the said
officers, or either of them, to draw the same, or any part thereof, out of
the said bank, except by order of court, or by checks expressing in favor of
whom, for whom, and on what account, the said monies ate drawn ; nor
shall it be lawful for the said officers, or either of them, to draw out of the
said bank the monies deposited as aforesaid, or any part thereof, except
for the purpose of immediately applying the same to the payment of him,
her or them, who may be entitled to receive the same.
II. Be it enacted by the authority aforesaid, That the officers aC)resaid,
Also the moil- ^nd each and every of them, shall deposit in the said State Bank, within
ies which they one month after passing this Act, the inonies which they have received
have received, j^^ their said respective official characters, and which have not been paid
by them to the persons entitled to receive the same ; and the deposits of
monies received by the said officers shall be made in like manner as de-
posits are required to be made in the preceding clause ; and the said
monies, received and required to be deposited, shall not be drawn out of
the said bank, except in the manner and for the purpose declared in the
said preceding clause.
OF SOUTH CAROLINA. 527
III. Be it enacted by the authority aforesaid, That on failure of com- A.IJ. lR(i6.
plying with each and every of the provisions of this Act, each and every ^-^''^'"'^'^
public officer so failing to comply therewith, on conviction thereof in any Penally,
court of competent jurssdiction, for each and every offence committed as
aforesaid shall forfeit and pay the sum of one thousand dollars, one half
of which shall go to the informer, and the other half to be paid into the
public treasury of the State, in aid of the revenue thereof.
In the Senate House, the twentieth day of Decemher, iu the year of our Lord one thou-
sand eight hundred and six, and in the thirty-first year of the Independence of the
United States of America.
WILLIAM SMITH, Present of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
AN ACT TO .-vuTuoRizii and oblige the Gaoler of Georgetown Dis- No. 1884.
TRICT TO RECEIVE, FOR SAFE-KEEPING, SUCH PERSON OR PERSONS AS MAY
BE APPREHENDED, ACCORDING TO LAW, IN THE DISTRICT OF WlLLIAMS-
BURGH ; AND FOR OTHER PURPOSES THEREIN MENTIONED.
I. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same, That in all cases where any person or persons shall be appre-
hended, according to law, in the district of Willlamsburgh, they, and each
of them, shall be committed to the gaol of Georgetown district for safe-
keeping, until the gaol, now building, or about to be built, in the district
of Williamsburgh, shall be finished, or put into a state fit for the reception
of prisoners. And the gaoler of the said gaol of Georgetown district shall
be, and is hereby, authorized and bound to receive such person or persons,
apprehended as aforesaid, in the said district of Williamsburgh, and shall
be, and is hereby, authorized to demand and receive such fee or fees for
the receiving and safe-keeping of any person or persons so apprehended
in the said district of Williamsburgh, as though the said person or persons
had been apprehended in the distiict of Georgetown.
Jn tlie Senate House, the twentieth day of December, in the year of our Lord one thousand
eight hundred and six, and in the thirty-first year of the Independence of the United
States of America.
WILLIAM SMITH, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Reprresentatioes.
AN ACT to establish certain Roads, Bridges and Ferries ; and for No. 1885.
other purposes therein mentioned.
(Passed December 20, 1806. See last voluinc.)
STATUTES AT LARGE
No. 1886. AN ACT to inchease the number of Justices of the Quorum and
OF THE Peace in several of the Districts op this State.
WHEREAS, it is expedient aiiJ necessary to increase the number of
leara e. jygtj^gg gf jhe Quorum and Justices of the Peace in several districts in
this State :
I. Be it therefore enacted, by the honorable the Senate and House of Rep-
The number of resentatives, now met and sitting in General Assembly, and by the authori-
justices of ihe [„ ^f [[jg game, That from and immediately after the passing of this Act,
quorum and , , ^ . . ^ , ,- . - ,» i • i
peace in- the number ot justices ot the quorum and justices or the peace, in the
creased. several districts in this State hereafter mentioned, shall be increased, in
manner following, that is to say :
For the district of Chester, two justices of the quorum, and two justices
of the peace, in addition to the number already allowed by law.
For the district of York, one justice of the quorum, in addition to the
number already allowed by law.
For the district of Newberry, one justice of the quorum, in addition to
the number already allowed by law.
For the district of Lancaster, one justice of the quorum, and one of the
peace, in addition to the number already allowed by law.
For the district of Fairfield, one justice of the quorum, and four justices
of the peace, in addition to the number already allowed by law.
For the district of Greenville, three justices of the quorum, and four
justices of the peace, in addition to the number already allowed by law.
For Abbeville district, four justices of the quorum, and two justices of
the peace, in addition to the number already allowed by law.
For St. Bartholomew's, one justice of the quorum, and two of the peace,
in addition to those already allowed by law.
For the district of Union, two justices of the quorum, in addition to the
number already allowed by law.
For the district of Spartanburgli, two justices of the quorum, and two
justices of the peace, in addition to the number already allowed by law.
For the district of Laurens, one justice of the peace, in addition to the
number already allowed by law.
For the district of Marion, two justices of the quorum, in addition to
the number now allowed by law.
For the parish of Prince William, one justice of the quorum, and four
justices of the peace, in addition to the number already allowed by law.
Lexington, one justice of the quorum, and two justices of the peace, in
addition to the number at present allowed, making in all five justices of
the quorum and ten of the peace, for the district.
For the district of Edgefield, four justices of the quorum, and two of
the peace, in addition to those already allowed by law.
For St. Peter's parish, one justice of the quorum, and two justices of the
peace, in addition to those already allowed by law.
For the county of Clarendon, in addition to the number allowed by law,
two justices of the quorum.
For Orange county, three justices of the quorum, and three of the peace,
in addition to the number already allowed by law.
For the parish of St. Helena, one justice of the quorum, and two of the
peace, in addition to those already allowed by law.
For St. James, Santee, one justice of the quorum, and two justices of
the peace, more than now allowed by law.
OF SOUTH CAROLINA. 529
One justice of the quorum, and two of the peace, in addition to those ^ D. 180G.
already appointed by law, for St. John's, Colleton. ^..^'"y-^_^
For Horry, one justice of the quorum, in aildition to tlie number alrea-
dy allowed by law.
For Prince Genrge, AVinyaw, two justices of the quorum, and three of
the peace, in addition to those already allowed by law.
For Saint George, Dorchester, one justice of the quorum, and one of
the peace, in addition to those now allowed.
n. A/id be it enacted by the authority aforesaid. That for the district of
Barnwell, there shall be four justices of the quorum, and six justicesof the
peace, in addition to the number already allowed by law.
In the Senate House, ihe twentietli day of December, in the year of our Lord one thou-
sand eight hundred and six, and in the tliirty-first year of the Independence of the
United .States of America.
WM. SMITH, President of t?ie Senate.
JOSEPH ALSTON, SpcaJ;er of the House of Representatives.
AN ACT TO RAISK Sl'PPLIES FOR THK YEAR ONE THOUSAND EIGHT HON- No.JSS7.
DRED AND SIX ; AND FOR OTHER PUKP0SE3 THERKIN M.-'INTIONED.
I. Be it enacted, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
aforesaid. That a tax, for the sums and in the manner hereinafter meti-
tioned, shall be raised, and paid into the public treasury of this State, and
for the use and service thereof.
II. And be it enacted by the authority aforesaid, That twenty-five
cents per centum ad valorem be paid in specie or paper medium on all
lands granted within this State, under the several regulations herein-
after mentioned. Class No. 1 shall contain all tide swamp of the first Kate of taxa-
quality, not generally affected by the salts or freshes, which shall be rated ''"° "" lauds,
at twenty-six dollars per acre ; all tide swamp of the second quality,
not generally affected by tlie salts or freshes, which shall be rated at
seventeen dollars per acre; all tide swamp of the third quality, not gen-
erally affected by the salts or freshes, which shall be rated at eight and one
half dollars per acre ; all pine barren lands adjoining such swainps, or con-
tiguous thereto with respect to the benefit of water carriage, which shall
be rated at two dollars per acre ; all prime inland swamp, cultivated and
uncultivated, which shall be rated at an average of thirteen dollars per
acre ; all inland swamp of the second quality, which shall be rated at eight
and one half dollars per acre; all inland swamp of the third quality, which
shall be rated at four dollars per acre ; pine barren lands, adjoining or
contiguous thereto, which shall be rated at one dollar per acre ; and all
salt marsh, or inland swamp, clearly proved to the collectors to be incapa-
ble of immediate cultivation, which shall be rated at one dollar per acre.
Class No. 2 shall comprehend all high river swamps and low grounds,
cultivated and uncultivated, including such as are commonly called second
low grounds, lying above the flow of the tides, and as high up the coun-
try as Snow Hill on Savannah river, and the fork of Broad and Saluda rivers
on the Congaree, Graves's Ford on the Wateree, and the boundary line on
Pedee ; the first quality to be rated at thirteen dollars per acre ; the second
VOL. v.— 67.
Sao STATUTES AT LAKGE
A.n. isoci. (juality at fight and one half dollars per acre; the thiid quality at four
^""'"^'"^^^ dollars prr acre ; excepting such as may be clearly proved to the collec-
tors to be incapable of immediate cultivation, which shall be assessed at
one dollar per acre. Class No. 3 shall comprehend all high river swamps
and low grounds, lying above Snow Hill, the fork of Broad and Saluda riv-
ers, Graves's Ford on the Wateree, and the old Indian boundaiy line,
which siiall be rated at three dollars per acre. Class No. 4 shall comprehend
all high lands without the limits of St. Philip's and St. Michael's parishes,
within twenty miles of Charleston, and on John's Island and James's
Island, which shall be rated at four dollars per acre. Class No. .5
shall comprehend all lands on the Sea islands, (Slann's island included,)
or lying on or contiguous to the seashore, usually cultivated, or capable of
cultivation, in corn, cotton or indigo, not within the limits prescribed in class
No. 4, which shall be rated at four dollars per acre. Class No. 6 shall com-
prehend all oak and hickory high lands lying below Snow Hill and the fork
of Broad and Saluda rivers, Graves's Ford, and the new boundary line on
Pedee, and not included in the limits or description of the two preced-
ing classes, numbers 4 and 5, which shall be rated at three dollars per acre.
Class No. 7 shall include all pine barren lands not included in classes
numbered 1, 4 and 5, which shall be rated at twenty cents per acre. Class
No. S shall comprehend all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first
quality of which shall be rated at one and one half dollars per acre ; the
second quality at one dollar per acre ; and the third quality at forty cents
per acre. Class No. 9 shall comprehend all oak and hickory high lands
above the old Indian boundary line, the first quality of which shall be rated
at one dollar and twenty cents per acre ; the second quality at sixty cents
per acre ; and the third quality at twenty cents per acre. Class No. 10
shall include all lands within the parishes of St. Philip's and St. Michael's,
which shall be assessed in the same manner and upon the same principles as
houses and lots in Charleston, and in a relative proportion to lands in the
country.
III. And he it enacted by the authority aforesaid. That fifty cents per
head shall be levied upon all slaves ; and the sum of two dollars per
^^^' ° ^^'"^ head on all free negroes, mulattoes, and mestizoes, between the ages
of fifteen and fifty ; and twenty-five cents ad valorum on every hundred
dollars of the value of all lands, and lots and buildings within any city,
village, or borough ; and fifty cents per centum on all stock in trade, fac-
torage, employments, faculties and professions, (clergymen, schoolmasters,
schoolmistresses and mechanics excepted,) — to be ascertained and rated ■
by the assessors and collectors throughout the State, according to the best
of their knowledge and information ; to be paid in paper medium or specie.
IV. And, be it enacted, by the authority aforesaid. That all negroes
and other slaves who are employed on any lands leased by any person or
Slaves employ. pgj.gy^jj of the Catawba Indians, shall be, and thev are hereby made, lia-
ed on Indian } n , ■ V. , • • i . a ■ i i h i
Innds. ble to the payment or this tax. But nothing in this Act contained snail be
construed to impose any tax upon the propeity of the estate of any relisrious
society, or the South CarolinaSociety, the Winyaw Indigo Society, or the
Fellow.ship Society, or of the estate of the late Doctor De la Howe, devi-
sed for charitable purposes, and that part of the estate of the late Thomas
Wadsworth which was devised for the establishment of a school, or the Clar-
endon, or the High Hills of Santee, or the Camden Orphan Societies, or
the Columbia Academy, or the lands and funds owned by the Free School
of Dorchester, or the public lands held by the corporation of Charleston, or
of the lands and funds of any society applicable to the education or inuiu-
OF SOUTH CAROLINA. 5J1
tenance of public schools ; but that no houses owned or erected on the A.O. IR(I6.
same by any private individuals, shall be exempted from paying taxes '^-^''^^^^^•^
thereon, according to their full value, to be rated by the assessor or asses-
sors, in the respective collection districts.
V. A/id be it enacted by the authority aforesaid, That every person
entitled to any taxable property or estate in this State, who resides with- Absentees <lou-
out the limits of the United States, shall, for the use of this State, pay able taxed,
double tax on the same. But this clause shall not be construed to extend
to the property of any person sent, or hereafter to be sent, abroad in the
employment of this State or of the United States, until one year after the
expiration or determination of his commission ; or to the properly of any
young man sent abroad for his education, until he attains the age of twen-
ty-thi'ee years ; or to the property of any person now absent from the Uni-
ted States, unless such person has been absent for one year.
VI. A>id he it enacted by the authority aforesaid. That the tax collec-
tors throughout this State shall receive no payment of taxes but in gold What shall be
or silver coin made current in this State, the paper medium issued under i"™e>ved for
the authority of the Legislature, bank paper redeemable in the first in-
stance in gold or silver at the bank of the United States, the branch
bank thereof in Charleston, the bank of South Carolina, the State Bank,
or certain certificates for the pay of the members of the Legislature, or
the Solicitors, for their attendance on the Legislature.
VII. A)id be it enacted by the authority aforesaid, That each and every
enquirer, assessor and collector shall, on their enquiry for their return of Returns of all
the taxes of this State for the year one thousand eieht hundred and six, ad- Pfop^fy '" [J®
1 .- 11 • ,11, ,111 made on oath,
minister the tollovving oath to all such persons as may be liable to pay any
of said taxes, viz: "I, A R, do solemnly swear (or affirm, as the case may
be) that the account which I now give in is a just and true account of the
quality and quantity of the lands, and the number of slaves, on the first
day of October, one thousand eight hundred and six, in any man-
ner whatsoever, which 1 was possessed of, interested in, or entitled to,
either in my own right or in right of any other person whomsoever,
either as guardian, executor, agent, attorney, trustee, or in any man-
ner whatsoever, according to the best of my knowledge or belief; and
that I will give a just and true answer, according to the best of my knowl-
edge, to all such questions as shall be asked me touching the same ; and
this I swear without any kind of equivocation or mental reservation what- 'p,,, g„ money
soever." And upon the priiuipal sum of every sum or sums of interest at interest.
money actually received, over and above what each person pays on account
of interest, the said assessor, enquirer or collector, or assessors, enquirers
or collectors, to whom the same shall be returned, shall assess the sum of
twelve and one half cents on every hundred dollars which shall have pro-
duced an interest of seven percent., and a proportionable sum on all other
sums of money drawing less or more than seven per cent; to be recovered
in like manner, in case of default, as the collectors are authorized by law
heretofore to do on their returns of lands or slaves.
Vin. And be it enacted by the authority aforesaid. That in case any
person or persons shall neglect to make a return of his, her or their monies I'roperiy not
producing interest as aforesaid, they shall he liable to and suffer the same '^*""""' '
forfeitures and pay the same penalties as are authorized by law in case of
their refusing or neglecting to make a return of his, her or theii lands or
slaves.
IX. And be it enacted by the authority aforesaid. That the instal-
ments on the paper medium which shall bo due on the fiist Wednes-
day in March next, shall not be required to be paid as directed by an Act
532
STATUTES AT LARGE
Copies of this
Act to be fur-
nished.
Sale of lands
posipon*^d.
Times for ma-
king returns
and paying
taxes.
Mortgaged
lands bought
in on aceonnt
of the State to
be sold.
etititled " An Act for raising supplies for the year one thousand seven
hundred and ninety-four," but shall be paid on the first Wednesday in
March, which will be in the year of our Lord one thousand eight hundred
and eight. Provided, that no person shall be entitled to the benefit
of this clause who shall nut give additional security, if required, to the
treasurer at Charleston, in all cases where he is not fully satisfied of the
sufficiency of the former security, and in all cases where default has been
made in paying what has heretofore been due, or which may be made in
paying the interest to grow due on the first day of March ne,\t.
X. And be il enacted by the authority aforesaid, That the commis-
sioners of the treasury shall be, and ihey are hereby, required to furnish
copies of this Act, and of the Act su])plementary to an Act entitled " An
Act for declaring the powers and duties of the enquirers, assessors and
collectors of the taxes, und of other persons concerned therein," to each of
the collectors appointed by law throughout this State, who have not yet
been furnished with such supplementary Act, within one month after
passing this Act, and their reasonable expenses occasioned thereby shall
be reimbursed.
XL Aad be it enacted by the authority aforesaid. That the Comp-
troller be, and he is hereby, required to postpone making sale of the
lands directed to be sold by the twenty-third clause of an Act entitled " An
Act supplementary to an-Act entitled an Act for declaring the powers and
duties of the enquirers, assessors and collectors of the taxes, and of other
persons concerned therein," until the first day of January, one thousand
eiglit hundred and eight.
XI L And he it enacted by the authority aforesaid, That from and
after the passing of this Act, all persons liable to pay any taxes hereafter
to be Imposed by any law of this State, shall, on or before the first day of
February in each and every year, give in a just and true return of all
slaves, and of the quality and quantity of all lands, and monies at interest, as
may be directed and required by the said laws, which they may hold or be
entitled unto in his, hercrtheirovvn right, or the right of any other person or
persons whomsoever, either as guardian, trustee, attorney, agent, executor,
administrator, or otherwise howsoever ; and shall, on or befure the first day
of May ensuing, pay their taxes to the collector of that collection distriot
where the party making such return, either by himself, his or her family,
may reside the greater part of the year. And that the said assessors or-
collectors shall annually pay the same, and settle their accounts with the
treasurer, on the first day of June next ensuing, so far as respects the tax
collectors of the lower division of the treasury.
Xin And whereas, sundry bovrowers of the paper medium loan have
not paid the interest due on the sums borrowed by them, and sales have been
made of the lauds mortgaged to secure the said loan, and the treasurers
have bought in the said lands for defect of bidders, and the same remain
as the property of the State, utiproductive ; and in other cases the propeity
so sold has been purchased in by the mortgagors and others, who have
not complied with the terms or conditions of the said sales; Beit therefore
enacted by the authority aforesaid. That the treasurers aforesaid shall be,
and they are hereby, authorized and directed to cause all the lands
bought in as afoiesaid on account of the State, and all the lands ])urchased
in by the mortgagers or other persons whomsoever who have not complied
with the conditions of the former sales of the said pi'operty, to be j)Ut up
to sale, in the districts in which they sevendly lie, by the sheriil's of the
said districts, on a public sale day, after giving three months notice theieof,
and shall sell the same to the highest bidder, who shall pay one fiuirlh
OF SOUTH CAROLINA. 533
of the purchase money in cash, and the remaining three fourths in one and A.IJ. 1806.
two years ; for the performance of which he shall give his bond and a mort- "--i^"^''"^^^
gage of the premises, and also personal security, to be approved of by
the sheriff" and three commissioners, residing in such districts, to be nom-
inated by the treasurer. Provided, no sale of the mortgaged lands shall Proviso.
take place when any person interested in the same shall, previously to the
day of sale, tender one third part of the sum due, together with the
expenses incurred.
XIV. And lie it enacted by the authority aforesaid. That on all sales
made in pursuance of the next preceding clause, and under the authority r<j""3 of such
thereof, the purchaser shall, immediately after the said property shall be
knocked off to him, pay into the hands of the sheriff making the said sale
a sum which shall at least be equal to ten per cent, upon the amount of
his purchase, towards tiie payment thereof; and if he should fail or ne-
glect to make such payment, the sheriff shall immediately set up the same
property for public sale, upon the spot ; and shall not, upon such re-sale,
or any other sale of the same property made by virtue of this Act, receive
the bid of the first purchaser or his agent. And that the sheriff shall, in all
his advertisements of the property sold by virtue of this Act, on account of
the paper medium loan, give notice that he will require the paj'ment of
the ten per cent. ; to the end that no persons inclined to purchase at the
said sales may be ignorant thereof.
XV. And he it enacted by the authority aforesaid, That if any pur-
chaser, after paying the percentage aforesaid, shall fail or neglect to „ot (.q,,!-
coraply with the terms of the sale, all the money so paid shall be forfeited plying with
to the State ; and shall be applied first to pay the costs and charges accrued g^^i'^'gales
or due upon the said sale ; and the surplus, if any, shall be paid into the
treasury of this State, in aid of the revenue thereof.
XVI. And, he it enacted by the authority aforesaid. That if any
person shall at any re-sale made by the sheriff" on account of the first or
any former purchaser having failed or neglected to pay the percentage Tfifms of sale
aforesaid, or to comply with the terms and conditions of the sale, such per- ^re re-sold,
son shall himself be bound by his purchase, and shall comply with this Act,
and the terms and conditions of such re-sale, and shall not be allowed to
gay, set up, or pretend, that he bought the same as agent for the first or any
former purchaser. Provided always, that it shall be publicly proclaimed
by the crier at such sale, that the same was to be on account and risque
of the first or former purchaser; and that the conditions and terms of
the sale shall, in like manner, be proclaimed by him immediately before the
property is set up.
XVII. A7ul he it enacted by the authority aforesaid, That in case of any
re-sale mide under the authority of the preceding clauses of this Act, on ac- \?^ for'anv '*'
count or by reason of the non-payment of the ten per cent, hereby required deficiency by
to be paid, or on account of the non-compliance with the conditions and ^"<^h sales,
terms herein before prescribed, the person or persons for whose default the
said re-sale shall be made, shall be, and he, she and they is and are hereby de-
clared, liable for any deficiency which may happen between the first and any
subsequent sale of the said property ; and the tieasurers are hereby autho-
rized and directed to commence suits for the recovery of any such de-
ficiency.
XVI II. And be it enacted by the authority aforesaid. That it shall po^r ,,,
be the duty of the tax collectors of this State to make, on the first Monday
in September next, to the commissioners of the poor, in the parish or dis-
trict in which any poor tax shall be by the tax collectors respectively
collected, a return of such poor tax, in like manner as they make their re-
534
STATUTES AT LARGE
Transient
poor fund of
Charleston.
Tax collectors
to return prop-
erty lyin^ in
other divisions,
for which taxes
are paid them.
Taxes in the
fork of Edisto.
Return to be
made by tax
collectors.
Oath to be
taken by the
collectors.
turns of the public tax to the treasurers of this State. And that it shall
also be the duty of the said tax collectors to make a duplicate return to
the comptroller general of the amount of the tax so collected and paid to
the commissioners.
XIX. And be it enacted by the authority aforesaid, That the comptrol-
ler general be, and he is hereby, required and directed annually to call
on the treasurer of the City Council of Charleston to render an ac-
count on oath to him of the application of such monies as are appro-
priated for the support of the transient poor, and for other purposes ; and
that the account so rendered be laid before the Legislature.
XX. And he it enacted by the authority aforesaid. That the several
tax collectors in each liscal division of the State shall exhibit, in some
column of their return, the number of acres of land lying in their respec-
tive divisions, and the number of acres lying elsewhere, and where, and for
which taxe shall be paid them ; in like maimer they shall exhibit in other
columns the number of negroes within their divisions, and of those else-
where, and where, on which taxes shall be paid them; and in other separate
columns exhibit the amount of taxes in their respective divisions, on every
article taxed by law ; and the treasurers of each division, and the comp-
troller, shall preserve these columns in their aggregate of taxes to be laid
before the next Assembly.
XXL And. be it farther enacted by the authority aforesaid, That the
inhabitants of the fork of Edisto, shall henceforth pay their taxes to the
tax-collectors of Orange Parish, whose power and authority shall hereafter
extend throughout the fork, up to the lower line of Edgefield district.
XXII. And be it enacted, by the authority aforesaid. That the tax collec-
tors for the parishes of St. Philip's and St. Michael's, Charleston, shall, on
the first Monday in the months of April, May and June, in each and every
year, make the following return to the treasurer of the lower division, to
wit: "L A. B. do solemnly swear (or affirm) that the sum of dol-
lars, by me now paid, is all the money which I have received on account
of the general tax, since my last return." And on the first Monday in July,
in each and every year, the said tax collectors for St. Philip's and St. Mi-
chael's, Charleston, and each and every collector in the upper division of
the treasury of this State, and on the first Monday in June, in each and
every year, each and every collectin' in the lower division of the treasury
of this State, shall compleatly and finally close their several and respective
returns, by paying over the full balance which may have been received
by them, and producing to the treasurer of the said upper and lower divi-
sions of the treasury i)f this State, respectively, the sherift''s receipts for
all executions lodged by them against defaulters ; and if the sherift's re-
ceipt, so produced, shall not satisfactorily account for the full balance due
on the said rs'turn, then, and in such case, the treasurers in each division
respectively, shall be, and they are hereby, directed to enforce the means
pointed out by the Act entitled " .\n Act declaring the duties and powers
of the enquirers and assessors of taxes, and other persons concerned
therein," passed in the year of our Lord one thousand seven hundred and
eighty-eight. And the said several tax collectors, upon closing their said
returns, shall respectively take the following oath or affirmation, to wit :
" L A. 13., do solemnly swear (or affirm) that the return I now make, is a
just and true return of all the taxable property made for the collection dis-
trict of , and that the sum of dollars, by me now paid, is the
whole of the monies I have received for the general taxes of the said
district, since my last return ;" which said oath or affirmation the treasurer
shall impose, and cause to be endorsed on the said return.
OF SOUTH CAROLINA. 535
XXIII. And be it enacted hy the authoihy ■dCoresaiA, That every person A. I). 1806.
liable to pay the tax hereby imposed, and who is required to make a return '^-'^■v"^'-^
by the preceding clause of this Act, shall, in his or her said retuin, particu- peraons selling
larly account for any property by him or her sold since the return of the taxable proper-
preceding year, by stating whether the same was sold by him or her be- '^ required to
fore or subsequent to the first of October, then next preceding, and to thereof,
whom, that the comptroller-general, by an examination thereof, may be
enabled to ascertain whether the tax due thereon has been paid ; and in
case any person shall fail or neglect to do so, he, she or they shall be lia-
ble for a double tax thereon, in the same manner as he, she or they would
have been, had he, she or they not dispossessed themselves thereof.
XXIV. And be it further ewarft';^ by the authority aforesaid. That the . .
comptroller general be, and he is hereby, required and directed, annually, of^mlbltc' "Jniil-
to call on the several boards of commissiimers of public buildings, and dings and in-
boards of commissioners for clearing, opening and rendering navigable the j o"''""
several rivers and creeks in this State, to render an account, on oath, to the Comptrol-
him, of the application of such monies as are appropriated for the erection '^f-
of public buildings, or the clearing, opening and rendering navigable the
rivers and creeks in this State; and that the accounts so rendered be laid
before the legislature.
XXV. And be it enacted by tiie authority aforesaid. That the treasu-
rers of Charleston and Columbia shall, under the direction of the comp- Claims against
troller general, cause to be opened in their respective offices, on the first . '^"'j '° ''^
day of April next, books for the registry of all outstanding claims against
the State, heretofore unregistered and provided for, of the nature of those
which were registered by virtue of the twelfth enacting clause of the Act
to establish the office of a Comptroller of the revenue and finances of this
State, and for other purposes therein mentioned, passed 21st day of De-
cember, 1799 ; which said books shall be kept open for the purposes afore-
said until the 1st October, 1808.
XXVI. And be it further enacted by the authority aforesaid, That the
comptroller general be, and he is hereby, authorized to sell a certain tract A tract of land,
of land, being part of the confiscated estate of Elias Ball, which was sold jiseated Rsta°e'
to the late John Bryan, and returned to the State; and also that he be, of Elias Ball,
and is hereby, authorized likewise to appoint a surveyor in behalf of the '°
State, in a suit now depending between the State and Robert Beaty.
XXVII. And be it further enacted by the authority aforesaid. That the
comptroller general be, and is hereby, authorized and directed to sell a* tract of land
tract of land of one hundred and eighty-eight acres, mortgaged to the paper jq'NcIi to bo
medium loan office by John O'Neil, and purchased for the State, and to sold.
apply the nett proceeds of such sale towards the payment of the bond of
the said O'Neil, instead of the sum now credited thereon, at which the
said land wets purchased.
In the Senate House, the twentieth day of December, in the year of our Lord one thousand
eight hundred and six, and of the Independence of the United Stales of America
the thirty-first.
WILLIAM SMITH, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
STATUTES AT LARGE
No. 1888. AN ACT to make Appropriations for the year one thousand eight
HUNDRED AND SIX.
I. Be it enacted, by the honorable the Senate anJ House of Represen-
.„ ... tatives, now met and sitting in General Assembly, and bv the aulhoritv of"
the same, 1 hat the tollowing sums be respectively appropnateil tor the
salaries of public officers, and other expenses and purposes of government.
For the salary of the Governor, two thousand five hundred and seventy-
two dollars.
For the salary of the Secretary of the Governor, four hundred and thir-
ty dollars.
For the salaries of six Judges of the courts of common pleas, each
two thousand five hundred and seventy-two dollars — in the whole, fifteen
thousand four hundred and thirty-two dollars.
For the salaries of three Judges of the Court of Equity, each two
thousand one hundred and forty-four dollars — in the whole, six thousand
four hundred and thirty-two dollars.
For the salary of the Attorney General, for giving advice to the Gover-
nor and other public officers, in matters of public concern, as a full re-
compense for the discharge of all public duties incident to his office, as
Attorney General, one thousand dollais.
For the salaries of four Circuit Solicitors, each, in lieu of all charges
against the State, for the performance of every public duty appertaining to
their respective offices, five hundred doUai-s — in the whole, two thousand
dollars.
For the salary of the Comptroller-general, two thousand and five hun-
dred dollars.
For the salaiies of the Comptroller-general's clerks, and the stationary
requisite for his office, one thousand six hundred dollars.
For the salary of the Treasurer of Charleston, as Treasurer and for
transacting the business of the Loan Office, and Clerks, two thousand six
hundred and fifty-eight dollars.
For the salary of the Treasurer in Columbia, including clerks, two
thousand dollars.
For the salary of the Clerk of the Senate, and the Clerk's salary of the
House of Representatives, each twelve hundred and thirty dollars ; in the
whole, two thousand four hundred and sixty dollars.
As a compensation for the Clerk of the Court at Columbia, one hundred
and forty dollars.
As a compensation for the Clerk of the Court at Charleston, one hundred
and forty dollars.
As a compensation for the Sheriff" of Richland district, for attending the
Constitutional Court at Columbia, fifty dollars.
As a compensation for the Sheriff" of Charleston district, for attending
the Constitutional Court at Charleston, fifty dollars.
For the keeper of the State House at Columbia, one hundred and
thirty dollars.
For the salary of the Adjutant General, fifteen hundred dollars.
For the salaries of nine Brigade Inspectors, each two hundred and six-
teen dollars — in the whole, one thousand nine hundred and forty-four
dollars.
As a compensation for the Arsenal keeper and powder receiver, in the
city of Charleston, three hundred dollars.
OF SOUTH CAROLINA. 537
As a compensation for the Arsenal keepers and powder receivers for ^- ^- 'St'B-
Abbeville, Camden, Georgetown and Beaufort, each fifty dollars — in the ^-^'^^'^^
whole, two hundred dollars.
For the salary of the Port Physician of Charleston, six hundred dollars.
For the contracts of the State Printer, a sum not exceeding one thou-
sand one hundred and fifty-eight dollars.
Asa compensation for the Pilot for the bar and harbour of Georgetown,
three hundred and twenty-two dollars.
As compensation for the pilot for the bar and harbor of Beaufort, three
hundred and twenty-two dollars.
For Annuities, six thousand five hundred dollars.
For the Transient Poor, payable to the City Council of Charlestoti, four
thousand two hundred and eighty dollars.
For the salary of the keeper of the Lazaretto of the port of Charles-
ton, five hundred dollars.
For the expenses of can ying into eflfect the Quarantine Law, one thou-
sand dollars.
As a contingent fund subject to the Governor's draft, he submitting an
annual account of the expenditure thereof, six thousand dollars.
For the expenses of the Members of the Legislature at the present ses-
sion, and pay of the Solicitors for their attendance, thirteen thousand five
hundred dollars — if so much be necessary.
As a compensation foi two Doorkeepers to the Legislature, eaih two
hundred and sixteen dollars — in the whole, four hundred and thirty-two
dollars. And as compensation for two Messengers, each two hundred and
sixteen dollars — in the whole, four hundred and thitty-tvvo dollars.
For rent of the Governor's house in Columbia, two hundred and fifty
dollars.
For the Rev. Mr. Reid, for performing divine service during the ses-
sion, one hundred dollars.
For aid in supporting the transient poor in Georgetown, the sum of
five hundred dollars, to be paid to the commissioners of the poor of
Prince George, Winyavv, to be laid out and expended by them for ihe use
of the transient poor ; the .said commissioners to publish annually, in
Georgetown Gazette, the names of all such transient poor, and ihe sum laid
out for each, as may have been relieved by this fund ; an account on oath to
be returned to the comptroller, and by him submitted to the legislature.
II. And be it fiirllier enacted by the authority aforesaid, That a sum not
exceeding three thousand dollars, be, and they are hereby, appropriated for Darlington
the purpose of re-building the court house for the district of Darlington ; cour' house to
and that Adam Marshall, Moses Sanders, Col. John Smith, John Sanders,
senior, Jesse Dubose, Timothy Dargan and Eli King, be, and they are
hereby appointed, coinmissioncrs to contract for and superintend the build-
ing thereof; and that the said court house be built of brick.
That a sum not exceeding three thousand dollars be appropriated fir
building a brick court house in Pendleton district.
For paying Dr. John Mitchell for an indent, three hundred and eighty-
six dollars and fifty-seven cents.
Mrs. Keziah Sally, administratrix of the estufe of John Sally, deceased,
for an indent No. 372, and half the interest due thereon, seven hundred
and thirty-two dollars, sixty-seven cents.
For repairs to be made on Edgefield gaol, thirty dollars.
For Joseph Hughes, late sheriflT of Union county, the sum of twentv-
one dollars and fifty-two cents.
That a sum not exceeding three thousand dollars be apijronriattd to
VOL. v.— 68.
538 STATUTES AT LARGE
A.n. ISOfi. build a brick court house for the district of Edgefield, and that William
^"^"^^^"^ Hagin and Betrjamin Frazer be, and they are hereby appointed, commis-
sioners to contract for and supeiintend the said building.
For repairs to the gaol of Union district, a sum not exceeding one thou-
sand dollars.
To Philip Hanghpaugh, the sum of fifty dollars.
To Philemon B. Waters, for repairing Newberry gaol, two hundred
dollnrs.
To John M. Verdier, for dower in confiscated land, for which judgment
was obtained against him, eight hundred and seventy dollars.
For repairing Kershaw gaol, a sum not exceeding five hundred dollars,
in addition to the sum heretofore allowed.
For Celia Taylor, pensions, three hundred and eighty-five dollars, fifty-
six cents.
For repairing the gaol of Colleton district, and making a well, to be
bricked, a sum not exceeding three huudred and fifty dollars.
To John Harris, for services performed as Sherifi'of Pendleton county,
one hundred and eighty-two dollars, eighty-seven cents.
To William Smart, to work for representatives chamber, two hundred
and five dollars.
For the discharge of the contingent expenses of the upper division, a
sum not exceeding five thousand four hundred and ninety-two dollars
and eighty-eight cents.
For the dischaige of the contingent expenses of the lower division,
four thousand eight hundred and fifty-five dollars and twenty-three
cents.
For the City Guard, payable to the City Council of Charleston, four
thousand dollars.
111. And be it further enacted by the authority aforesaid. That the pay
Magnzine hcremafter to be provided for the support and maintenance of the maga-
guard. zine guard, shall be restricted to that of an officer, sergeant and six men ;
and that the sum of two thousand two hundred dollars be appropriated
for the payment of the said guard, under the dircc,tii'n of the comptroller
general.
IV. .And he it further enacted by the authority aforesaid, That thetreasurer
of the lower division of the treasury, under the direction of the comptroller
Paper medium i ] ■ i_- i • " »i i- .1 r< d ■
to be burnt. general, and m his presence and in the presence 01 the Governor, Presi-
dent of the Senate, Speaker of the House of Representatives, and any
three of the Judges of the Courts of Law or Equity, or in the presence
of a majority of the persons above named, shall, as soon as convenient af-
ter the ])assing of this Act, cause all the paper medium of this State, now
in the treasury, or that may be received previous to the next sitting of
the Legislature, provided the same shall not exceed the sum of four thou-
sand six hundred and eighty dollars, to be burned ; and to report to the
Legislature the amount of the medium wiiich may be burned.
V. And he it enacted by the authority aforesaid. That the balance
of the interest which shall hereafter remain to this State on the debt
^""^"^'■'^'""'dne by the United States, after paying the interest due on the funded
~ debt of this State, and the amount of the principal which may be paid on
the principal of the debt due to this State by the L^nited States, shall be,
and the same is hereby, appropriated to the purchase or redemption of
the funded debt of this State, by the treasurer of the lower division, under
the direction of the comptroller general and the standing committee of the
legislature.
VL And he itfinthir eiuicled by the aulhmity aforesaid. That tlic trcapu-
OF SOUTH CAROLINA. i^39
rer on receiving any monies from the tax collector, or any other person of A.D.lBiiG.
this State, sliall irive iiini or her two receipts for the same : and m case „,"^"^'"^'''"^*^
, ^,, , c ■ , 1 • ' ■ i rensurer to
any treasurer shall neglect to lurnish sucli person with two receipts as ^1,.^ two re-
aforesaid, he shall forfeit and pay a sum not exceeding two hundred dol- ceipis for mo.
lars, nor less than fifty dollars, to be recovered in any court having juris- (J'^'J^r^'^'^'^'"^
diction thereof, by tlie comptroller general.
V^ll. And be it further enacted by the authority aforesaid. That the follow-
ing persons be, and they are hereby appointed, a standing commitlee to Standing
carry into execulion the provisions of this Act, referred to them, viz : John '^°'''"''"^®'
Ward, John Blake, John Drayton, John Dawson, Jr., Henry Deas, and
William Lee.
The Honorable Waddy Thomson, for balance of his accounts as Solici-
tor, fifteen hundred and twenty-one dollars and seventy-five cents.
For building a wall round the gaol in Georgetown, two thousand five
hundred dollars.
Henry Inglesby, for a gown for the Speaker of the House of Represen-
tatives, two hundred and forty-two dollars and twenty one cents ; and for
balance due for a gown for the Piesident of the Senate, thirty-tiiree dol-
lors and fifty-eight cents ; making in the whole two hundred and seventy-
five dollars and seventy-nine cents.
Isaiah Cunningham Fitten, for services rendered by his father as a sol-
dier in General Sumter's brigade, three hundred and fifty-two dollars and
fifty cents, with the interest that would have been due thereon had the
same been duly registered.
For the repairing the tobacco inspection stores at Charleston, five thou-
sand four hundred and ninety-one dollars.
Doctor Joseph Gantt, fur attending prisoners in Edgefield gaol, twenty-
five dollars and seventy-five cents.
The Honorable John F. Grimke, for one share in the Bioad River Com-
pany, when he shall produce to the comptroller general legal assurances of
the transfer of the said share from the original proprietor to himself, and
shall execute a good and sufficient release thereof to the State, two hundred
and thirty dollars and seventy-eight cents.
The executors of the estate of the late D. E. Dunlap, for balance of sal-
ary from the tenth of September, one thousand eight hundred and four, to
the fourth Monday of November of the same year, two hundred and fifty-
six dollars and twenty-five cents.
Reuben Long, executor of Hubert Rees, late sheriff of Sumter district,
ninety-six dollars and forty-two cents.
For bulling a president's house for the South Carolina College, eight
thousand dollars.
VIII. And he it further enacted by the authority aforesaid. That the sum Salaries of two
of twelve hundred dollars be annually appropriated for the salaries of two imors in the
tutors in the South Carolina College ; and that the trustees of the college '^°"'^^'''
be authorized to appoint such tutors.
For Sarah Sanders and Donald Frazer, for completing Abbeville goal,
four hundred and seventeen dollars.
For repairing Lancaster court house, and building stocks at the same,
one hundred and fifty dollars.
For repairing and completing Sumter court house, eight hundred and
fifty dollars.
In the Senate House, the tvventietli day of December, in the year of our I.ord one thou-
sand eight hundred and six, and in ihe Ihirly-first year of the Sovereignty and Inde-
pendence of the United States of America.
WILLIAM SMITH, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Represcntativeis,
STATUTES AT LARGE
No. 1SS9. AN ACT to amend an Act entitled " An Act for amending an Act
entitled An Act for regulating and ascertaining the rates of wharfage
of sliips and merchandize, and also for ascertaining the rates of storage,
in Charleston ;" and for repealing the first clause of the said Act,
or any other Acts as are repugnant thereto.
(Passed December 19, 1807. Sec last volume.)
No. 1890. AN ACT to authorize the Botanick Society of South Cakolina
TO kaise a certain sum bv Lotteky.
WHEREAS, Robert Pringle, Frederick Dalcho, Joseph Johnson, John
M. Davis, and John W. Ramsay, being the committee appointed for the
BotanickSociety of South Carolina, for the nianagement and direction of the
Botanick Garden, by their petition prayed that they might be authorized
to raise by lottery a sum not exceeding six thousand dollars, for the pur-
pose of carrying into effect the said establishment, and of rendering the
Botanick Garden an useful auxiliary to education :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sittmg in General Assembly, and by the
Botanic Soci- authority of the same. That the said Robert Pringle, Frederick Dalcho,
etv authorized Jgggplj Johnson, John M. Davis, and John W'itherspoon Ramsay, be
to draw a lot- 1 , '. . i i i, i r n i i ■ i
\ery. appomted commissioners, and shall nave lull power and authority, and
they are hereby fully authorized and empowered, to make and proceed to
the drawing and finally concluding of one or more lotteiies for the above
purposes: provided, they do not, by the said lotteries, gain more than the
nett sum of six thousand dollars.
Ill tlie Senate House, the nineteenth day of Deceniher, in the ycarof our Lord one thousand
eight hundred and seven, and of the Independence of the United States of America
the thirty-second.
WILLIAM SMITH, President of the Senate.
JOSEPH Af/STON, Speaher offheHovsrofReprcsrntntires.
No, 1891. .4N ACT <i)NCF.iiNi>G thm Town or Saxki;otiia.
VVHKREAS, the old town of Saxcgotha, on the south side of tiio
Conofaree river, in Lexington district, heretofore laid out and appropriateil
for such Germans and foreigners as would migrate U) and settle in tliis
'"'"■■ country, remains still subject to be granted for that |)urj)ose ; and wiiereas,
several of the proprietors of lots in the said town, and many other citizens
in the neighbourhood of the same, have, by their petition, prayed that the
said town should be coiiveiled to other use.s :
OF SOUTH CAROLINA. 541
I. Be it enacted, by the honorable the Senate and House of Repro- ^- ^- "^''^•
sentatives, now met and sitting in General Assembly, and by the au- '^^''^'^^•-'
thority of the same, That John Threewits, John Urehr, John Geiger, Commissioners
Abraham Geiger, Hargrove Arthur, Nicholas Hane, John Thomas, and "PPo-n'^J-
John P. Bond, Esijuires, aie hereby appointed commissioners, and are
vested with full power and authority to cause such number of lots in the
said town as have been granted, and now ownt^d iiy citizens of this State,
with a proportion of street and common, to be laid off in the most prefera-
ble and valuable part of the said town, for the propi ietors of lots witliin the
same; and to cause such part, so designed for the proprietors as aforesaid,
to be laid oft' in lots, preserving therein a number of lots in each square, and
such width in the streets as may be conformable to the original plan of
the said town, and giving to each proprietor his or her choice of a lot there-
in, according to tiie number of his or her lot in the said town.
II. And he it enacted by the authority aforesaid. That if any proprietor
of a lot or lots in the said town should be willing to release the same for Proprietors
the value thereof, to the said commissioners, for the use of this State, then "jj^-j'i.^^,^^^''
the said commissioners, or a majority of them, shall fix the value of such
lot or lots, not exceeding twenty dollars for any lot, and take a release
thereof, and shall thereupon gire to the proprietor a ceitificate, promising
to pay such propiietor, or his executors or administrators, a sum of money,
theiein to be expressed, and to be equal to the value of the said lot or lots,
as soon as the said money can be made out of the rent or profits of the land
in the said town ; and all the lands in the said town to which the State hath
the right, are hereby charged with the payment of the monies due by such
certificate; and if the principal and interest due on any such certificates is
not paid within five years after the date thereof, then the said commission-
ers, or the surveyors, or a majority of them, shall and may, if they have no
other means of raising the said monies, sell and release the said town in
fee, for such sum, in cash, as will be necessary to pay off the said certifi-
cates and the interest, and giving such credit for the residue, not exceed-
ing three instalments, as the said cnmmissioners may judge most advan-
tageous.
in. And be it enacted by the authority aforesaid. That the said com-
missioners shall have power, and are hereby required, to cause the residue 1''" '■.'^;'""^"'' °^
/. , . , , 1 ■ 1 II- ■ \ nie said town
ot the said town (that is to say, that part not belonging to proprietors,) totn be rented
be laid off into convenient fields, and to rent out the same, for the bestou'-
price that can be had for the same, and to apply the monies thereby arising
in extinguishing the claims of the proprietors who may release the title of
their lots to the said commissioners, and in paying the other expenses;
and after such claims are extinguished, and such expenses are paid, then
the said commissioners shall pay over the surplus of such rent to the
treasurer, for the use of the State.
IV. And he it further enacted by the authority aforesaid. That the com- |;°^'^™'^'f '™,'j[|
missioners appointed as aforesaid, or a majority of them, shall, at the next Legislature,
session of the legislature, make a report of such properly as the State may
be entitled to, and annually to report an accurate account of their pro-
ceedings in pursuance of this Act.
In the Senate House, the nineteenth day of December, in the year of our Lord one
thousand eight hundred and seven, and of tlie Independence of ihc United States
of America the thirty-second.
WILLIAM SMITH, Preside7U of the Senate.
JOSEPH ALSTON, Speaker of the House of Rejucsentatives.
STATUTES AT LARGE
No. 1S93. AN ACT to alter and amend an Act entitled " An Act concerning tlie
Cavalry and Artillery of this State ; and for other purposes therein
mentioned ;" passed the 16lh December, 1797.
(Passed December 19, 1807. See last volume.)
No. 1893. AN ACT to give the Militia Officers of this State, who have not taken
the oath required by the Act of the General Asseinbly, passed the
nineteenth day of December, one thousand seven hundied and ninety-
four, in the manner directed by said Act, further time to take the
said oath.
(Passed December 19, 1S07. See last volume.)
No. 1894. AN ACT to appoint Commissioners to assess such jiarts of lots of land
in Charleston as are necessary to widen Market-stieet, and to per-
mit the City Council to enjoy the same as a public street, on pay-
ment of the sum assessed as its value.
(Passed December 19, 1807. See last volume.)
No. 1895. -<^iV ACT for thk rkliep of Jesse Roundthee and ornE!:s, ownf.ks
OK Mill Dams on Horse Ckeek.
WHEREAS, Jesse Eoundtree hath, by his petition, represented to the
leefislature the great expense and inconvenience to which he is subjected
rreamhle. . '^ °„,.,'. ivi.i ii ni.-
m consequence of his bemg obliged to Iveep open a lock or tfood-gate in
his mill dam on Horse Creek, in the district of Edgefield, for the passage
of rafts through the said dam : For remedy whereof,
1. Jjc it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
Proprietors of the same, That every person now owning, or hereafter owning or building,
keeTa^n^sHTe ^"Y ™"'"' miH-Jam, or other dam or obstruction, across Horse Creek, in the
open for rafts', district of Edgefield, shall always, after the passing of this Act, have and
keep a good and sufficient slope, at least ten feet wide and tliree feet deep,
from high water mark, in every such dam, mill-dam or other obstruction ;
and in default thereof, a passage may be cut open by the direction of a
magistrate and freeholders, in the same manner and by the same mode of
proceeding as rice dams may l>y law be cut ; and the owner or possessor
thereof shall also be liable to be indicted, or to be sued by a special action
on the case.
OF SOUTH CAROLINA. ■')43
II. And be it Jurt/ter enacted hy the authority aforesaid, That so much A.D.lSd?.
of the Act entitled " An Act to establish the roads and ferries therein ^-^"""'^^-^
mentioned, to prescribe certain regulations respecting roads, and for other Former clause
purposes therein mentioned," passed at Columbia, on the twentieth day repealed.
of December, in the year of our Lord one thousand seven hundred and
ninety-six, as relates to keeping of good and sufficient flood-gales, locks
or other passages in the said dams, be, and the same is hereby, repealed.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and seven, and of the Independence of the United Slates of
America the thirty-second.
WILLIAM SMITH, President of the Senate.
JOSEPH ALSTON, Sj^eaker of the House of Rej>iese7itativcs,
AN ACT to authorize the different Boards of Commissioners of Roads No. 1896.
throughout the State to have the fines and other monies due, or which
may hereafter be due, to the said Boards of Commissioners (and
heretofore collected by Constables) collected by Sheriffs.
(Passed December 19, 1807. See last volume.)
AN ACT TO ADD John Simpson to the present ni'mbek of Justices No. 1897.
OF THR Peace for Charleston District.
WHEREAS, much inconvenience and delay may arise from the indis-
position or unavoidable absence of the Ordinary of Charleston district, as preamble
no other person than himself is authorized by law to administer the oaths
necessary to be taken in that office:
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That from and immediately after the passing of this John Smipson
Act, John Simpson, now a clerk in the said office, be added to the presentj„gtice of the
number of justices of the peace nominated and appointed for the district peace.
of Charleston, to act until the term fixed by law limiting the term at which
the authority of magistrates shall expire ; any law or usage to the contrary
thereof in any wise notwithstanding.
In the Senate House, the nineteenth day of December, in the year of our Lord one thousand
eight hundred and seven, and of the Independence of the United States of America
the thirty-second.
WILLIAM SxMITH, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatiies.
STATUTES AT LARGE
No. 1898. AN ACT explanatory of former Acts relative to the mode of deter-
mining the seniority of Officers in the Militia of this State ; and for
other purposes therein mentioned.
(Passed December 19, 1807. See last volvine.)
No. 1899. AN ACT to ciia-vge the name of John Cottingham to that of
John Ridgel.
WHEREAS, John Cottingham hath petitioned the legislature to change
his present name to that of John Ridgel :
I. Be if therefore enaeted, by the honorable the Senate and Honse of
Representatives, now met and sitting in General Assembly, and by the
ham'to tak "tlie authority of the same, That the said John Cottingham be, and he is here-
namc of John by, authorized to change his present name to that of John Ridgel ; and
Ridgel. jIj^j jjg g]ifiii hereafter be known and distinguished in law, and in all trans-
actions in law wherein he may be bound or obliged, or wherein any per-
son or persons may be bound or obliged to him, by no other name but that
of John Ridgel.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and seven, and in the thirty-second year of the Independence of
the United States of America.
ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
No. 1900. AN ACT to incorporate the Union Insurance Company.
(Passed December 19, 1807. See last volume.)
No. 1901. AN ACT to mark and dkpine the lines of division between the
DlSTlllCTS OF NkWBHRRV AND LaUKENS, AND THE DISTRICTS OF HoRRY
AND Georgetown, a^d appoint Commissioners therein mentioned.
WHEREAS, it is necessary and proper that the lines of division be-
Prcamble. twsen the distiicts of Newberry and Laurens, in the State of South Caro-
lina, should be run out, marked and defiired :
L Be it therefore enacted, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same. That the former line of division between the districts aforesaid,
OF SOUTH CAROLINA. 545
bo run out, niarkeil ami defineJ ; and that James Caldwell, James Law, A. D. 1807.
senior, and John Leval, Esq. be, and are hereby nominated and appointed, ^-^"""^"^^-^
as commissioners on the part and behalf" of the district of Newlierry, and Division liiw
William Dindap, William Burnsides, and Josiah Prater, senior, on the '"'"'"'? |
part and behalf of the di.stnct of Laurens, or a majority of them, be com-ry and Lau-
missioners to, and have full power to, cause the line of division, as nowicns.
fixed by law, between the said districts, to be run out, marked and defined,
and procure and employ surveyors and axe-men to assist in running, mark-
ing out and defining the same.
IL -4wtZ Zie it further vnactexl by the authority aforesaid. That Joseph
Blyth, Thomas Fearwell and Origin D. Dwight, Esqs. be, and they are Bg,^,,ppn
hereby appointed, commissioners to have the dividing linebetween George- Georgetown
town and Hurry districts run out, maiked and defined, agreeably to the""'' Horry,
provisions of an Act, passed the twelfth day of March, 1785, entitled "An
Act for the laying olfthe several counties therein mentioned, and appointing
commissioners to erect the public buildings ;" and thatthey be, and hereby
are, authorized to procure and employ, at the public expense, such survey-
ors and axe-mon as they may judge necessary, to assist in running, marking
out and defining the said dividing line between the districts aforesaid.
IH. And, he it further enacted by the authority aforesaid, That Reuben
Starke, Thomas Whitaker, John Woodward, junior, and Captain James ^^j between
Stewart, be, and tliey are hereby appointed, commissioners to run out the Kerisjinw and
dividing lines between the districts of Kershaw and Fairfield; and that ^'"''''''''''
the said commissioners be authorized to employ surveyors, axe-men and
chain carriers, to aid in running out, ascertaining and marking the said
lines, agreeably to an Act of the general assembly for that purpose madLe
and pi-ovided.
IV. And he it further enacted, by the authority aforesaid. That the legis-The State to
lature will provide for the necessary expenses to be incurred by carrying '''''^''}' '''^ '^*-
the foregoing Act into effect, '
[n the Senate House, the nineteenth day of December, in the j'ear ofourLord one thou-
sand ei^ht hundred and seven, and in tlie thirty-second year of the Independence
of tlie United States of Aiuerica.
WM. SMITH, President of the Senate.
.rOSf^PH ALSTON, Spealcr of the House of Repn^nlaiins.
AN ACT TO ALTKR THK DIVIUING I.I.Mi BKTWEEN LfXINCroX AND No. 1902.
(^RANGEBUiiGH DiSTHICTS.
1. Be it enacted, by the honmable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority
aforesaid. That Beaver creek and Upper Fall branch, and a line from the
head of L'pper Fall branch, running south sixty degrees west, to north
Edisto river, shall forever hereafter be the dividing line between Lexing-
ton and Orangeburgh districts ; and that Alexander B. Stark and Doctor
V. D. V. Jami.son, he, and they are hereby, appointed and required to run
out and mark the same, and to draw on the treasurer, not exceeding thirty
VOL. v.— 69.
546 STATUTES AT LARGE
A. D. 1807. Jollars, for their pay and the pay of the axe-men and others employed
^-^''^'"^^ about the same.
In the Senate House, the ninet.cnth day uf December, in the year of our Liiril one thou-
sand eight hundred and seven, and of tlie independence of the United States of America
the thirty-pecon<h
WM. SMITH, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Repre.mi/atives.
No. 1903. AN ACT to increasb the compensation op the Members of the
Legislature, by Act.
WHEREAS, doubts have arisen whether the resolution of the legisla-
ture, passed in the year eighteen hundred and five, increasing the pay of
the members of the legislature to three dollars per diem, be consistent
with the constitution in that case made and provided :
1. Be it there/ore enacted, by ihe Senate and House of Representatives,
now metiti General Assemlily, and by the authority of the same, That the
members of the legislature shall be entitled to receive out of the public
treasury, as a compensation for their expenses, a sum not exceeding
three dollars a day during their attendance on, going to, and returning from
the legislature, at the rate of thiity miles per day.
In the Senate House, the nineteenth day of December, in the year of our Lord one tliou-
sand eight hundred and seven, aiul of the Independence of the l.'niled States of
America the thirty-second.
WM. SMITH, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
No. 1904. AN ACT to incorporate the Beaufort Library Society, and also the
Newberry Library Society.
(Passed December 19, 1S07. See last volume.)
No. 1905. AN ACT to legalize titles to real property derived from or
THROUGH Aliens, and to enable Aliens, under certain condi-
tions THEREIN MENTIONED, TO HOLD, CONVEY AND DEVISE REAL PRO-
PERTY.
WHEREAS, many grants, conveyances and contracts of and relating
Preamble, jf, j-gg] property in this State, have been made and executed to divers per-
OF SOUTH CAROLINA. i47
sons who weie aliens at the dates of the said grants, conveyances or con- •■^•"- "*"'^'
tracts, but who subsequently thereto have become, or intend to become, ^-c"'^"'"'^'-'
citizens of the United States of America ; and whereas, many other
grants, conveyances and contracts, of and relating to red property in this
State, have heretofore been made and executed to aliens, who have trans-
ferred their titles, rights and interests to citizens, or to aliens who intend to
become citizens; and whereas, many other titles, or contracts to make titles,
to real property in this State, though not obtained dnectly from aliens, are
incumbered with mesne conveyances and titles derived throuijh them ; and
whereas, persons possessing real property under the above circumstances,
may, under the existing laws, be deprived thereof, the consequences of
which would not only produce much distress to the unfortunate sufferers,
but would tend to repress that spirit of enterprize and industry so condu-
cive to the wealth and prosperity of every community : for remedy thereof,
I. Be it enacted by the hotiorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of xitles derived
the same. That any citizen or citizens, alien or aliens, who has or have en- fromonhrough
tared into any honafide contract or contracts, or who hath or have received -'jl^j"^' "
any grant or grants, or other deed or deeds of conveyance for or relating
to any real property in this State, or whose titles are derived from fir
through aliens, either mediately or immediately, may and shall hold and
enjoy the same in fee simple, or for any less estate, according to the nature
of his, her or their contract or contracts, grant or grants, or other deed or
deeds of conveyance ; any law, usage or custom to the contrary thereof
in any wise notwithstanding : Provided, that every alien, previously to his
or her being entitled to avail him or herself of any of the benefits of this
Act, shall declare his or her intention to become a citizen of the United
States, agreeably to the Act of Congress in such case made and provided :
Provided also, that no alien entitled to real property under the foregoing
provisions, shall enjoy any other privilege of a citizen of the United States :
And provided further, that nothing contained in this Act shall be so con-
strued as to interfere with or at all invalidate any grants of real property
which may heretofore have been made by the legislature of this State unto
any person or persons, or unto any body or bodies corporate, or to affect
in any measure descents already cast.
H. And he it furtJier enacted by the authority aforesaid. That all per-
sons holding, or who shall hold, real property in this State, under the afore-
said provisions, shall be permitted and allowed, and they are hereby per- ''"sons liold-
mitted and allowed, to convey or devise the same to their child or children, u"(;]pr'ti,p'n'ro-
grand-child or grand-children, notwithstanding such child or children, visions of tliis
grand-child or grand-children, was or were born previously to the said per- '^'^^'^J' , j'' '"
sons conveying or devising the same, having acquired titles thereto under vise the same.
the terms of this Act ; and in case the person or persons holding real pro-
perty as aforesaid shall not alien or devise the same, then, that it shall be
divided and distributed among his, her or their relations, agreeably to the
Act of the General Assembly entitled "An Act for the abolition of the
rights of primogeniture, for the giving an equitalde distribution of the real
estates of intestates, and for other purposes therein mentioned," passed on
the nineteenth day of February-, in the year of our Lord one thousand
seven hundred and ninety-one, and the Acts amendatory thereof; any law,
usage or custom to the contrary thereof in any wise notwithstandius; : Pro-
vided nevertheless, that the said child or children, grand-child or children,
to whom conveyances or devises as aforesaid may be made, and also the
relations entitled as aforesaid to distributive proportions <il the real pn;-
perty of those who have not aliened or devised their real property, shall
5.4S STATUTES AT LARGE
A. I).1S07. become a resident or residents in this State, within twelve montlis after
^-^~-''^*^^ the date of the conveyances made unto him, her or them, or of the decease
ot the person or persons devising the same, or dying intestate as to such
real propcity, and also becoming a citizen or citizens of this State within
as short a period as he, she or they shall be enabled to become so under
the existing laws.
In the Senate House, (lie niiieteecitli dav of December, in ihc veai- ol our Lord one tliou-
sand ejglit hundred and seven, and in the thirty-secomi .\ear of llie Sovereignly and
Iiulependence of die United Slates of America.
W I L L I A M SMITH, President of the ^Senate.
JUSEPH ALSTON, Speaker of the House of RcprescidativLS.
No. 1906. AN ACT AurnoKiz/NG rui: Triistkes of thi: Newbeurv Acauf.mv,
AND THi; I\i>Kr'E -DENT Co^GKEGATIllN OF BeAUFOUT, TO RAiSE SUMS
OF Mo-.EY BY WAY OF LoTTERT.
WHEREAS, a memorial hath been presented by the Trustees of the
Preamble Newberry Academy, praying to be authorized to raise a ceitain sum of
money by way of lottery, for the support and advancement of the same :
I. Be it therefore enacted, by the honorable the Senate and House of
The trustees of Representatives, now met and sitting in General Assembly, and by the
Acadcmy^u^ authority of the same, That the trustees of the said academy, or their suc-
thorised to cessors in office, be, and are hereby, authorized and empowered to raise a
limnev by"lo°5 ^'■"" "^ moiiry by lottery or lotteries, whereof the nett proceeds shall not
tery. exceed the sum of thne thousand dollars.
II. And. he /VyJ^rtAfv ('//octoZ by the authority aforesaid. That Frederick
Managers of Nance, Frederick Gray, VVilliani Calnies, Benjamin Long, Wakei Good-
the said hittery man, Jos. Goodman, Major J. Hampton, John M'Moiris, Samuel Lindsay,
appointed. Francis Higgins and James Dyson, shall be, and are hereby nominated and
appointed, managers of the said lottery or lotteries, by the said trustees to
be raised for the purposes aforesaid ; and that they, the said managers, or
a majority of thein, be, and are hereby, authorized and empowered to
manage and conduct the said lottery or lotteries as they shall think most
expedient and advisable for the benefit and advancement of the said insti-
tution.
III. And whereas, the Independent Congregation of Beaufort have, by
Independent theii petition to the Legislature, set forth and shewn their inability to cat-
Congregaiion j-y jnto complete operation a religious establishment lately set on foot by
thorfzed'to ""' '"®"^" ^'"^ l""^yi"g f"'" their aid to enable them to raise a sum of money by
raise money by means of a lottery ; Be it therefore enacted by the authority aforesaid. That
lottery. (j^g ^j^jj Independent Congregatiim of Beaufort shall be, and they are
hereby, authorized and emjjowered to raise, by means of lotteiy or lotte-
ries, to be conducted in any manner which the said congregation, or a ma-
jority of them, may think most adviseable, a sum of money not exceeding'
three thousand eight hundred dollars, to be applied to the use and benefit
of the said Independent Congregation of Beaufort.
Inthi> Senate House, the nineteenth day of December, it! the year of our Lord one thousand
eisht hundred and seven, and of the Independence of the United States of America
Ihe thirty-second.
WILLIAM SMITH, President of the Senate.
.lOSEPlI ALSTON, Speaker of the House of Represcnlatius.
OF SOUTH CAROLINA.
AN ACT for the establishment of Roads, Bridges and Fenies ; and No. 1907.
for other purposes therein mentioned.
(Passed December 19, 1807. See last volume.)
AN ACT T^t RMSK Sl'PFI.IKS I'Olt Til!': YEAR ONE THOUSAND EIGHT HUN- No. 1908,
UP.ED AND SEVEN ; A^D I'OR OTHER PUKPOSES THEItKIN MENTIONED.
I. Be it enacted, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same. That a tax, for the sums and in the manner hereafter men-
tioned, shall be raised, and paid into the public treasury of this State, and
for the use and service thereof.
n. And be it eiiaeted. by the authority aforesaid. That twenty-live
cents per centum ad valorem be paid in specie or paper medium on all
lands granted within this State, under the several regulations heiein- ii„te of tnx.i-
after mentioned. Class No. 1 shall contain all tide swamp of the first ''"»"» lanJa-
quality, not generally affected by the salts or freshes, which shall be rated
at twenty-six dollars per acre ; all tide swamp of the second quality,
not generally affected by the salts or freshes, which shall be I'ated at
seventeen dollars per acre; all tide swamp of the third quality, not een-
erally affected by the salts or freshes, which shall be rated at eight and one
half dollars per acre ; all pine barren lands adjoining such sv/amps, or con-
tiguous thereto with respect to the benefit of water carnage, which shall
be rated at two dollars per acre ; all prime inland swamp, cultivated and
uncultivated, which shall be rated at an average of thirteen dollars per
acre ; all inland swamp of the second quality, which shall be rated at eight
and one half dollars jier acre ; all inland swamp of the third quality, which
shall be rated at four dollars per acre ; pine barren lands, adjoining or
contiguous thereto, which shall be rated at one dollar per acre ; and all
salt marsh, or inland swamp, clearly proved to the collectors to be incapa-
ble of immediate cultivation, which shall be rated at one dollar per acre.
Class No. 2 shall comprehend all high river swamps and low grounds,
cultivated and uncultivated, including such as are commonly called second
low grounds, lying above the flow of the tides, and as high up the coun-
try as Snow Hill on Savannah river, and the fork of Broad and Saluda rivers
on the Congaree, Graves's Ford on the Wateree, and the boundary line on
Pedee ; the first quality to be rated at thirteen dollars per acre ; the second
quality at eight and one half dollars per acre ; the third quality at four
dollars per acre ; excepting such as may be clearly proved to the collec-
tors to be incapable of immediate cultivation, whi' h shall be assessed at
one dollar per aci'e. Class No. 3 shall comprehend all high river swamps
and low grounds, lying above Snow Hill, the fork of Broad aial Saluda riv-
ers, Graves's Ford on the Wateree, and the old Indian boundary line,
which shall be rated at three dollars per acre. Class No. 4 ^ll:ll1 comprehend
all high lands without the limits of St. Philip's and St. Michael's parishes,
within twenty miles of Charleston, and on John's Island and James's
Island, which shall be rated at four dollars pei- acre. Class No. 5 shall
comprehend all lauds lying on the Sea islands, (Slann's island included,)
550 STATUTES AT LARGE
A.D.18n7. or lying on or contiguous to the seashore, usually cultivated, or capable of
^-^'~^'~^''^ cultivation, in corn, cotton or indigo, not within the limits prescribed in class
No. 4, which shall be rated at four dollars per acre. Class No. 6 shall com-
prehend all oak and hickcuy high lands lyina; below Snow Hill and the fork
of Broad and Saluda rivers, Graves's Ford, and the new boundary line cm
Pedee, and not included in the limits or description of the two preced-
ing classes, numbers 4 and 5, which shall be rated at three dollars per acre.
Class No. 7 shall include all pine barren lands not included in classes
numbered 1, 4 and 5, which shall be rated at twenty cents per acre. Class
No. S shall comprehend all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first quali-
ty of which shall be rated at one dollar and one half dollar per acre; and the
second quality at one dollar per acre ; and the third quality at forty cents
per acre. Class No. 9 shall comprehend all oak and hickory high lands
above the old Indian boundary line, the first quality of which shall be rated
at one dollar and twenty cents per acre ; the second quality at sixty cents
per acre ; and the third quality at twenty cents per acre. Class No. 10
shall include all lands within the parishes of St. Philip's and St. Michael's,
which shall be assessed in the same manner and upon the same principles as
houses and lots in Charleston, and in a relative proportion to lands in the
country.
III. And he it enacted by the authority aforesaid. That fifty cents per
Rats of taxin" '^'^^'^ shall be levied upon all slaves; and the sum of two dollars per
slares, i&c. head on all free negroes, mulattoes, and mestizoes, between the ages
of fifteen and fifty; and twenty-five cents ad valorum on every hundred
dollars of the value of all lands and lots and buildings within any city,
village, or borough ; and fifty cents per centum on all stock in trade, fac-
torage, employments, faculties and professions, (clergymen, schoolmasters,
schoolmistresses and mechanics excepted,) — to be ascertained and rated
by the assessors and collectors throughout the State, according to the best
of their knowledge and information ; to be paid in paper medium or specie.
IV. And be it enacted by the authority aforesaid, That all negroes
Slaves employ- ^nd Other slaves who are employed on any lands leased by any person or
ed on Indian persons of the Catawba Indians, shall be, and they are hereby made, lia-
landa. ^^ j^ jl^^ payment of this tax. But nothing in this Act contained shall be
construed to impose any tax upon the property of the estate of any religious
societ}', or the South Carolina Society, the Winyaw Indigo Society, or the
Fellowship Society, or of the estate of the late Doctor De la Howe, devi-
sed for charitable purposes, and that part of the estate of the late Thomas
Wadsworth which w;is devised for the establishment of a school, or the Clar-
endon, or the High Hills of Santee, or the Camden Orphan Societies, or
the Columbia Academy, or the lands and funds owned by the Free School
of Dorchester, or the pulilic lands held by the corporation of Charleston, or
of the lands and funds of any society applicable to the educai..ni or main-
tenance of public schools ; but that no bouses owned or elected on the
same by any private individuals, shall be exempted from paying taxes
thereon, according to their full value, to be rated by the assessor or asses-
sors in the respective collection districts.
V. Ami be it further enacted by the authority aforesaid, That every person
Absentees dou-®"'^''^'®'^' '° '^"y taxable property or estate in this State, who resides with-
ble tixeil. out the limits of the United States, shall, for the use of this State, pay a
double tax on the same. But this clause shall not be construed to extend
to the property of any person sent, or hereafter to be sent, abroad in the
employment of this State or of the United States, until one year after the
e.xpiration or determination of his commission ; or to the property of any
OF SOUTH CAROLINA. 551
young man sent abroad for his education, until he attains the age of twen- A. D.1807.
ty-three years ; or to the property of any person now absent from the Uni- ^•^'"v**-'
ted States, unless such person has been absent for one year.
VI. And be itfurther enacted by the authority aforesaid. That the tax col-
lectors throughout this State shall receive no payment of taxes but in gold ^i^^j ^li^ll l^
or silver coin made current in this State, the paper medium issued under received for
the authority of the Legislature, bank paper redeemable in the first in- '^^s.
stance in gold or silver at the bank of the United States, the branch
bank thereof in Charleston, the bank of South Carolina, the State Bank,
or certain certificates for the pay of the members of the Legislature, or
the Solicitors, for their attendance on the Legislature.
VIL And be it further enacted by the authority aforesaid. That each and
every enquirer, assessor and collector shall, on their enquiry for their return Returns of all
of taxes of this State for the year one thousatid eight hundred and seven, ad- property to be
minister the following oath to all such persons as shall be liable to pay any "^ e onon .
of the said taxes, viz : "LA B, do solemnly swear (or affirm, as the case
may be) that the account which 1 now give in is a just and true account of
the quality and quantity of the lands, and the number of slaves, on the first
day of October, one thousand eight hundred and seven, in any man-
ner whatsoever, which 1 was possessed of, interested in, or entitled to,
either in my own right or in the right of any other person whomsoever,
either as guardian, executor, agent, attorney, trustee, or in any man-
ner whatsoever, according to the best of my knowledge and belief; and
that I will give a just and true answer, according to the best of my knowl-
edge, to all such questions as shall be asked me touching the same; and
this I swear with<:iut any kind of equivocation or mental reservation what-
soever." And upon the principal sum of every sum or sums of interest.,,
,, ^ ^ '■ S , I *^i Tnx on money
money actually received, over and above what each person pays on account j^ interest.
of interest, the said assessor, enquii'er or collector, or assessors, enquirets
or collectiirs, to whom the same shall be returned, shall assess the sum of
twelve and one half cents on every hundred dollars which shall have pro-
duced an interest of seven per cent., and a proportionable sum on all other
sums of money drawing less or more than seven per cent; to be recovered
in like manner, in case of default, as the collectors are authorized by law
heretofore to do on their returns of lands or slaves.
VIIL And be it enacted by the authority aforesaid. That in case any
person or persons shall neglect to make a return of his, her or their monies Property not
producing interest as aforesaid, they shall be liable to and suffer the same "■^'""'^'i-
forfeitures and pay the same penalties as are authorized by law in case of
their refusing or neglecting to make a return of his, her or their lands or
slaves.
IX. And he it enacted by the authority aforesaid. That the instal-
ments on the paper medium which shall be due on the first Wednes- „, ,
-.-AT, ,11 1 -1 1 •! T Ti a' itne or pay-
day in March next, shall not be required to be paid as ihrected by an Act ,„ent of the pa-
entitled "An Act for raising supplies for the year one thousand seven per medium,
hundred and ninety-four," but shall be paid on the firi?t Wednesday in
March, which will be in the year of our Lord one thousand eight hundred
and nine. Provided, that no person shall be entitled to the benefit of this
clause who shall not give additional security to the treasurer in Charleston,
in all cases where he is not fully satisfied of the sufficiency of the former
security, and in all cases where default has been made in paying what has
heretofore been due, or which may be made in paying the interest to grow
due on the first day of March next.
X. And be it enacted by the authority aforesaid. That the commis-
sioners of the treasury shall be, and they are hereby, required to furnish
552 STATUTES AT LARGE
A. U. 1807. copies of this Act, and of ihe Act supplementary to an Act entitled " An
^■^'"^'"^^ Act for declaring the powers and duties of the enquirei s, assessors and
Copies of this collectors of the taxes, and of other persons concerned therein," to each of
A";} 'R ^^ '"'■ the collectors appointed by law throughout this State, who have not yet
been furnished with such supplementary Act, within one month after
passing this Act, and their reasonable expenses occasioned thereby shall
be reimbursed.
XI. And be it enacted by the authority aforesaid. That the Comp-
;, , ,. . troller be, and he is hereby, required to postpone making sale of all
postponed. lands directed to be sold by the twenty-third clause of an Act entitled " An
Act supplementary to an Act entitled an Act for declaring the powers and
duties of the enquirers, assessors and collectors of the taxes, and of other
persons concerned therein," until the first day of Jniiuaiy, one thousand
eight hundred and nine.
XII. And be it fnrtlcr enactedhy the authority aforesaid. That from and
after the passing of this Act, all persons liable to pay any taxes hereafter
kin^returas'^' ^^ ^^ imposed by any law of this State, shall, on or befoie the first day of
and paying February in each and every year, give in a just and true return of all
'"-'""*• slaves, and of the (|uality and quantity of all lands, and monies at interest, as
may be directed and required by the said laws, which they may hold or be
entitled unto, in his,herortheirown right, or the right of any other person or
persons whomsoever, either as guardian, trustee, attorney, agent, executor,
administrator, or otherwise howsoever ; and shall, on or before the first day
of May ensuing, pay their taxes to the collector of that collection district
where the party mailing such return, either by himself, his or her family,
may reside the greater part of the year. And that the said assessors or
collectors .shall annually pay the same, and settle their accounts with the
treasurer, on the first day of June next ensuing, so far as relates to the tax
collectors of the lower division of the treasury.
XIII. And whereas, sundry borrowers of the paper medium loan have
lands°bouffht ""' paid the interest due on the sums borrowed by them, and sales have been
in on account made of the lands mortgaged to secure the said loan, and the treasurers
of the State to have bought in the said lands for defect of bidders, and the same remain
as the property of the State, unproductive ; and in other cases the properly
so sold has been purchased in by the mortgagors and others, who have
not complied with the terms or cond itions of the said sales ; Be it tlierefore
enacted by the authority aforesaid. That the treasurers aforesaid shall be,
and they are hereby, authorized and directed to cause all the lands
bought in as aforesaid on account of the State, and all lands purchased
in by the mortgagers or other persons whomsoever who have not complied
with the conditions of the formersales of the said properly, to be put up to
sale, in the different districts in which they severally lie, by thesherifl's of the
said districts, on a public sale day, after giving three months notice thereof,
and shall sell the same to the highest bidder, who shall pay one fourth
of the purchase money in cash, and the remaining three fourths in one and
two years ; for the performance of which he shall give his bond and a inoit-
gage of the premises, and also personal security, to be approved of by
the sheriff and three commissioners, residing in such districts, to be nom-
Proviso. inated by the treasurer. Provided, that no sale of the mortgaged lands shall
take place when any person interested in the same shall, previously to the
day of sale, tender one third part of the sum due, together with the
expenses incurred.
XIV. And be it enacted by the authority aforesaid, That on all sales
Terms of eunh made in pursuance of the next preceding clause, and under the authority
thereof, the purchaser shall, immedialely aftei the said propeity shall be
OF SOUTH CAROLINA. o53
knocked off to him, pay into the hands of the sheriff making the said sale A.D. l8or.
a sum which shall at least be equal to ten per cent, upon the amount of ^-''"^'^''^
his purchase, towards the payment thereof; and if he should fail or ne-
glect to make such payment, the sheriff shall immediately set up the same
property for public sale, upon the spot ; and shall not, upon such re-sale,
or any other sale of the same property made by virtue of this Act, receive
the bid of the first purchaser or his agent. And that the sheriff shall, in all
his advertisements of the property sold by virtue of this Act, on account of
the paper medium loan, give notice tha! he will require the payment of
the said ten per cent. ; to the end that no persons inclined to purchase at
tlie said sales may be ignorant thereof.
XV. A/id he it fartlier enacted by the authority aforesaid. That if any
purchaser, after paying the percentage aforesaid, shall fail or neglect to f '"■''s'""'^ on
comply with the terms of the sale, all money so paid shall be forfeited plying with
to the State ; and shall be applied first to pay the costs and charges accrued the terms of
or due upon the said sale, and the surplus, if any, shall be paid into the
treasury of this State, in aid of the revenue thereof.
XVI. Andbe it further enacted by the authority aforesaid. That if any
person shall at any re-sale made by the sheriff on account of the first or
any former purchaser having failed or neglected to pay the percentage Terms of sale
aforesaid, or to comply with the terms and conditions of the sale, such pur-" ,i^
chaser shall himself be bound by liis purchase, and shall comply with this act,
and the terms and conditions of such re-sale, and shall not be allowed to
say, set up, or pretend, that he bought the same as agent f<ir the first or any
former purchaser. Provided always, that it shall be publicly proclaimed
by the crier at such sale, that the same was to be on account and risque
of the first or some former purchaser; and that the conditions and terms of
the sale shall, in like manner, be proclaimed by him immediately before the
property is set up.
XVII. And be it enacted by the authority aforesaid. That in case of any
re-sale made under the authority of the preceding clauses of this Act, on ac-
count or by reason of the non-payment of the ten per cent, hereby required Defaulters lia-
to be paid, or on account of the non-compliance with the conditions and defic'i'encTby
terms herein before prescribed, the j)erson or persons for whose default the such sales,
said re-sale shall be made, shall be, and he, she and they is and are hereby de-
clared, liable for any deficiency which may happen between the first and any
other subsequent sale of the said property ; and the tieasurers are hereby
authorized and directed to commence suits for the recovery of any such
deficiency.
XV] II. And be it enacted by the authority aforesaid. That it shall
be the duty of the ta.^ collectors of this State to make, on the first Monday „
. . . ^ roor tax.
in September next, to the commissioners of the poor, in the parish or dis-
trict in which any poor tax shall be by the said tax collectors respectively
collected, a return of such poor tax, in like manner as they make their re-
turns of the public tax to the treasurers of this State. And it shall
also be the duty of the said tax collectors to make a duplicate return to
the comptroller general of the amount of the tax so collected and paid to
the commissioneis.
XIX. And be it enacted by the authority aforesaid, That the comptrol-
ler general be, and he is hereby, required and directed annually to call transient
on the treasurer of the City Council of Charleston to render an ac- £1,"J^i"",q„_
count on oath to him of the application of such monies as are appro-
priated for the support of the transient poor, and for other purposes ; and
that the account so rendered be laid before the Legislature.
XX. A7id be it enacted, bv the authority aforesaid, That the several
VOL. v.— 70.
STATUTES AT LAUGE
Taxes in the
fork ofEclisto.
Return to t
made by ta
collectors.
Oath to be
taken by the
collectors.
Persons sellin;
taxable proper
ty required to
tax collectors in each ILscal division of the Stale shall exhibit, in some
column of his return, the number of acres of land lying within thi ir le-
spective divisions, and the inimber of acres lying elsewhere, and for
^vhich taxe shall be paid ihem ; in like maiintr they shall exhibit in other
columns tlie number of negroes within their divisions, and of those else-
where, and where, on which taxes shall be paid them; and in other separate
columns exhibit the amount of taxes in their respective divisions, on every
different article taxed by law ; and the treasurers of each division, and the
comptroller, shall preserve these columns in their aggregate of taxes to be
laid before the next Asseiribly.
XXL And, be it further enacted by the authority aforesaid. That the
inhabitants of the fork of Edisto shall henceforth pay their taxes to the
tax-collector of Orange Parish, whose power and authority shall extend
hereafter throughout the fork, up to the lower line of Edgefield district.
XXII. And he it enacted, by the authority aforesaid, That the tax collec-
tor for the parishes of St. Philip's and St. Michael's, Charleston, shall, on
the first Monday in the months of April, May and June, in each and every
year, make the following return to the treasurer of the lower division, to
wit: "I, A. B. do solemnly swear (or alHrm) that the sum of dol-
lars, by me now paid, is all the money which I have received on account
of the general tax, since my last return." And on the first Monday in July,
in each and every year, the said tax collector for St. Philip's and St. Mi-
chael's, Charleston, and each and every taxcollector in the upper division of
the treasury of this State, and on the first Munday in June, in each and
every year, each and every tax collector in the lower division of the trea-
sury of this State, shall completely and finally close their several and respec-
tive returns, by paying over the full balance which may have been received
by them, producing to the treasurer of the said upper and lower divi-
sions of the treasury of this State, respectively, the sheriff"'s receipts for
all executions lodged by them against defaulters ; and if the sherilf's re-
ceipt, so produced, shall not satisfactorily account for the full balance due
on the said nturn, then, and in such case, the treasurers in each division
respectively, shall be, and they are hereby, directed to enforce the means
poinled out by the Act entitled " An Act declaring the duties and powers
of the enquirers and assessors of taxes, and other persons concerned
therein," passed m the year of our Lord one thousand seven hundred and
eighty-eight. And the said several tax collectors, upon ck)sing their said
returns, shall respectively take the following oath or affirmation, to wit :
" I, A. B., do solemnly sweat (or affirm) that the return I now make is a
just and true return of all the taxable property made for the collection dis-
trict of , and that the sum of dollars, by me now paid, is the
whole of the inonies I have received for the general taxes of the said district,
since my last return ;" and which said oatli or affirmation the treasurer
shall impose, and cause to be endorsed on the said return.
XXIII. A7id be it enacted by the authoiity aforesaid. That every peison
liable to pay the lax hereby imposed, and who is required to makt' a return
■ by the preceding clause of this Act, shall, in his or her said return, particu-
larly account for any property by him or her sold since the return of tlie
preceding year, by stating whether the same was sold by him or her be-
fore or subsequent to the first of October, then next preceding, and to
whoin, that the comptroller-general, by an examination thereof, may be
enabled to ascertain whether the ta.x due thereon has been paid ; and in
case any person shall fail or neglect so to do, he, she or they shall be lia-
ble for a double tax thereon, in the same manner as he, she or they would
have been, had he, she or they not dispossessed themselves thereof.
OF SOUTH CAROLINA. 555
XXIV. And fx' it furf/ier cniirtcd hy the authority nfovesaid, That tlie A. D. 1807.
comptroller general be, and he is lierehy, required and directed, annually, "^-^^"'^"''^^
to call on the several boards of conimissioners of public buildings, and Commissioners
boards of commissioners for clearing, openins; and rendering navisfable the ,■ P''''''"^ !'"''"
, . , 1 . , • f> ° 1 1 (Imffs and in-
several rivers and creeks in this State, to render an account, on oath, to lanil navigation
him, of the application of such monies as are appropriated for the erection '""^"""t '"
of jHiblic buildings, or the clearing, opening and rendering navigable the |g^ "'"''
rivers and creeks of this State; and that the accounts so rendered be laid
before the legislature.
XXV. Whereas, the fifth clause of the Act entitled "An Act respecting
slaves, free negroes, raulattoes, and mestizoes, for enforcing the more punc-
tual performance of patrol duty, and to impose certain restrictions on the ■ ^ on planta-
^ . , ' * * . , tions with more
emancipation of slaves," passed 20th December, 1800, which imposes a than 30 slaves,
penalty or tax of one hundred dollars on every owner of a settled planta-'"''! without an
tion containing more than ten workers, who does not reside or keep there-
on a white man or overseer capable of doing patrol duty, is, in its opera-
tion, unequal and unjust : for remedy whereof. Be it rnacti-d by the
authority aforisaid. That from and after the first of January next, it shall
by the duty of every owner of a settled pilantalion, having thereon thirty
slaves, either to reside thereon six months in every year, or to keep there-
on a white man or overseer, cap;'.b!e of doing patrol duty; and incase
such owner or owners neglect or fail to leside thereon as aforesaid, or to
keep such white man or overseer on such jilantation for nine months in
each year, he, she or they shall be liable to the tax or penalty herein im-
posed, that is to say : for every plantation containing or having thirty
slaves, upon which the owner does not reside six months in the year as
aforesaid, or have a white man or overseer capable of doing patrol duty,
he or she shall be liable to and pay the tax or penalty hereinaftiT men-
tioned : for every plantation having thirty slaves thereon, without such
residence or overseer as aforesaid, thirty dollars : for every plantation
having more than thirty slaves thereon, without such residence or overseer
as aforesaid, in addition to the thirty dollars aforesaid, one dollar jier head
on each and every negro or slave exceeding that number.
XXVI. And be it enacted by the authority aforesaid. That it shall be
the duty of the several tax coll'ctors throughout this State to administer Oath to be
the following oath to every person who shall make a return of more than ''i^®" ''y I'lose
thirty slaves: "I, A B, do solemnly swear (or affirm, as the case may be,) more than 30
that I am not liable to pay the penalty hereby imposed for not having an slaves,
overseer, or residing on my plantation, as required by this Act: so help
me God." And in case any person or persons, leturning more than thirty
slaves, shall refuse to take the said oath, he, she or they shall be liable to
the penalty hereby imposed for every slave by him returned exceeding the
number of thirty.
XXVII. And be it enactfd by the authority aforesaid. That the fifth
clause of the Act entitled "An Act respecting slaves, mtilattoes and mes- pgrjof^ former
tizoes, for enforcing the more punctual performance of patrol duty, and to Act lepeuled.
impose certain restrictions on the emancipation of slaves," passed the
twentieth day of December, in the year of our Lord one thousand eight
hundred, which imposes a penalty or tax of one hundred dollars on every
owner of a settled plantation containing more than ten workers, who does
not reside or keep thereon a white man or overseer capable of doing pat-
rol duty, be, and the same is hereby, repealed.
XXVIII. Ajid be it furthir enacted hy the imthov'ity aforesaid, That the
comptroller-general be, and he is hereby, authorized to subscribe on loan
to the United States, under the Act of Congress of the eleventh of Feb-
456 STATU'J'KS AT LARGE
A.U.1807. ruary, in the year of our Lord one thousand eight hundred and seven,
the certificate of the United States three per cent, slock, which this State
holds, amounting to two hundred and forty-one thousand one hundred and
ninety-five dollars and sixty cents ; and to receive from the said loan office
in exciiange therefor, a certificate of six per cent, stocii, for one hundred
United States, and fifty-si.x. thousand seven hundred and seventy-six dollars and seventy-
five cents.
XXIX. And be. it enacted by the authority aforesaid. That the comp-
troller general be, and he is hereby, authorized to draw his warrant on the
deln'^'^'* treasury for the sums subscribed on the last register, as reported by him,
amounting to eighteen thousand eight hundred and ninety-fuur dollars and
fifty-one cents, with one half of the interest, calcitlated to the time of pay-
ing the same, on receiving the evidences of the said debt which shall be
cancelled.
XXX. Whereas, there ar'e in the treasury of this State many bonds,
secured by mortgages, belonging to confiscated estates, which estates are
Bonds and notoriously insolvent, and unequal to the payment of the certificates which
certafnmsol- have been issued to the creditors thereof; and it is not reasonable that
vent estates, to the State should have the trouble and be at the expense of collecting the
be given up to ggjj debts, when they cannot derive any benefit therefrom : Tie it therefore
enacted by the authority aforesaid. That the comptroller general be, and
he is hereby, authorized, with the sanction of the standing committee of the
legislature, to release and deliver over to the largest creditor, or to such one
as may be chosen by a majority of the creditors, in trust for the rest, all the
right, trtle and interest which the State has or claims rn or to the said bonds
and mortgages on such insolvent estates afoi'esaid, taking from such credi-
tor, to whom the same may be delivered, a bon<l, with sufficient security,
to divide and distribute all the funds which he may receive from the bonds
and mortgages delivered by virtue of this Act, among all the creditor-s of
such estate, in proportion to the amount of their several claims. Provided,
that the creditors of such insolvent estates shall release and discharge the
State from all liability to pay any sum or sums of money which may be
due on the certificates issued to such creditors, after the sale of such
property.
XXXI. Whereas, Samuel Mays has, by petition, prayed to be re-
J. Moore re- lieved as the security of Jonathan Moore, tax collector for Edgefield dis-
quired to give trict ; He it therefore enacted by the authority aforesaid, That the said
^oll'ec-or'for''^ Jonathan Moore, on or before the first day of Mai ch next, shall be bound,
Edgefield dis- and he is hereby required, to give bond and sufficient security, to be ap-
"■''^'' proved of as by law directed, for his future faithful performance of the
duty of tax collector fur Edgefield district aforesaid ; and in case he shall
neglect or refuse to give such bond and security as aforesaid, that the
Governor for the time being shall have power and authority, and he is
hereby required and directed, to appoint another tax collector for the said
district of Edgefield ; and the bond heretofore given by the said Jonathan
Moore, as tax collector aforesaid, shall be, and is herel)y declared to be,
null and void in law, save and e-xcept as a security or indemnity to the
State for all monies heretofore received by the said Jonathan ISIoore, as
tax collector aforesaid ; and that on the comptroller general being satisfied
that all arrears for taxes heretofore received by the said Jonathan Moore
have been or shall be fully paid, that then, and not before, he shall cause
the bond to which the said Samuel Mays is security as aforesaid, to be
cancelled.
XXXII. Whereas, the representatives of Charles Palmer have petition-
ed that he, the said Charles Palmer, and his heirs, executors and adrninis-
OF SOUTH CAROLINA. 557
trators, be relieved as security of Thomas G. Scott, tax collector of Prince A. U. 1807.
William's parish: Be il tJierefore enacted, hy the authorhy afuresaU], That ^--•'"v''^-'
the said Thomas G. Scott, on or before the first day of March next, shall T. G. Scott
be bound, and he is hereby required, to give bond and sufficient security, ''':1""''^'' '9
to be approved of as by law directed, for his future faithful perform- Ss|.,x collector
ance of tiie duly of tax collector for Prince William's aforesaid; and 'or Prince
in case he should neglect or refuse to give such bond and security as afore- '""'""s.
said, that the Governor for the time being shall have power and authority,
and he is hereby required and directed, to appoint another tax ccllectorfor
the said parish of Prince William's ; and the bond heretofore given by the
said Thomas G. Scott, as tax collector aforesaid, shall be, and is hereby
declared to be, null and void in law, save and except as a security or in-
demnity to the State for all monies heretofore received by the said Thomas
G. Scott, as tax collector aforesaid ; and the comptroller general, being
satisfied that all arrears for taxes heretofore received by the said Thomas
G. Scott have been or shall be fully paid, that then, and not before, he
shall cause the bond to which the said Charles Palmer is security as afoie-
said, to be cancelled.
XXXllI. A/id be ii further enacted by the authority aforesaid, That it shall
be the duty of the commisstoners of the poor in the seveial districts and Commissioners
paiishes within this State, unless otherwise directed by law, to render to °' ''"= P"'"' '°
the several boards of commissioners of roads, in their respective districts commissioners
or parishes, on the first Monday of April in every year, a correct account of roads,
of all monies received by them for the use of the poor, and the manner in
which the same has been applied ; and it shall be the duty of the said sev-
eral boaids of comniissioneis of the roads to cause such accounts to be
published in their respective districts or parishes, for the information of
the citizens.
In the Senate House, the uineteentl: day oi' December, in tiieyearof our Lord one tliousand
eight hundred and seven, and of the Independence of the United States of America
the thirty-second.
WILLIAM SMITH, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
AN ACT TO MAKE Appropriations for the year one thousand eight No. 1909.
HUNDRED AND SEVEN.
I. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same. That the following sums be respectively appropriated for the
salaries of public officers, and other expenses and purposes of government.
For the salary of the Governor, two thousand five hundred and seventy-
two dollars.
For the salary of the Secretary of the Governor, four hundred and thir-
ty dollars.
For the salaries of six Judges of the courts of common pleas, each
two thousand five hundred and seventy-two dollars — in the whole, fifteen
thousand four hundred and thirty-two dollars.
For the salaries of three Judges of the Court of Equity, each two
558 STATUTES AT LARGE
A. D. 1807. thousand one Inindi-etl and forty-four dollars — in the whole, six thousand
^■"^'"^''"^^ four hundred and thirty-two dollars.
For the salary of the Attorney General, for giving advice to the Gover-
nor and other public officers, in matters of puhlic concern, as a full re-
compense for the discharge of all public duties incident to his office, as
Attorney General, one thousand dollars.
For the salaries of four Circuit Solicitors, each, in lieu of all charges
against the State, for the performance of every pulilic duty appertaining to
their respective offices, live hundred dollars — in the whole, two thousand
dollars.
For the salary of the Comptroller-general, two thousand and five hun-
dred dollars.
For the salaries of the Comptroller-general's clerks, and the stationary
requisite for his office, one thousand six hundred dollars.
For the salary of the Treasurer of Charleston, as Treasurer, and for
transacting the business of the Loan Office, and Clerks, two thousand six
hundred and fifty-eight dolhu-s.
For the salary of the Ti'easur-er in Columbia, including clerks, two
thousand dollars.
For the salary of the Clerk of the Senate, and the Clerk's salary of the
House of Representatives, each twelve hundred and thirty dollars ; in the
whole, two thousand four huudred and sixty dollars.
As a compensation fir the Clei-k of the Court at Columbia, one hundred
and forty dollars.
As a compensation for the Clerk of the Court at Charleston, one hundred
and forty dollar-s.
As a compensation for the Sheriff of Richland district, for attending the
Constitutional Court at Columbia, fifty dollars.
As a compensation for the Sheriff of Charleston district, for attending
the Constitutional Court at Charleston, fifty dollars.
For the keeper of the State House at Columbia, one hundred and
thirty dollars.
For the salary of the Adjutant General, fifteen hundred dollars.
For the salaries of nine Brigade Inspectors, each two hundred and six-
teen dollars — in the whole, one thousand nine hundred and forty-four
dollars.
As a compensation for the Arsenal keeper and powder r-eceiver, in the
city of CharlestoiJ, thr-ee hundr'ed dollars.
As a compensation for the Arsenal keeper and powder receivers for
Abbeville, Camden, Georgetown and Beaufort, each fifty dollars — in the
whole, two hundred dollars.
For the salary of the Port Physician of Char-leston, six hundred dollars.
For the contracts of the State Printer, a sum not exceeding one thou-
sand one hundred and fifty-eight dollars.
Asa compensation i'm the Pilot for the bar and harbour of Georgetown,
three hundred and twenty-two dollars.
As a compensation for the pilot for the bar and harbor of Beaufort, three
hundr'ed and twenty-two dollars.
For Annuities, six thousand five hundr-ed dollars.
For the Transient Poor, payable to the City Council of Char-leston, four
thousaiid two hundred and eighty dollars.
For the salary of the keeper- of the Lazaretto of the port of Charles-
tim, five hundred dollar-s.
For the expenses of carrying into effect the Quarantine Law, one thou-
sand dollars.
OF SOUTH CAROl.lNA. 5.59
As a contingent fund subject to the Governor's draft, he submittin" an - -^- ^'- 'sor.
annual account of the expenditure thereof, six thousand dollars. ■>-^'y->wx
For the expenses of the Members of the Legislature at the present ses-
sion, and pay of the Solicitors for tlieii attendance, thirteen thousand and
five hundred dollars — if so much be necessarj\
As compensation for two Doorkeepers to the Legislature, each two
hundred and sixteen dollars — in the whole, four hundred and thirty-two
dollar^^. And as a compensation for two Messengers, each two hundred and
sixteen dollars — in the whole, four hundred and thirty-two dollars ; to be
paid at the adjournment of the legislature.
For the rent of the Governor's house in Columbia, two hundred and fifty
dollars.
For aid in supporting the transient poor in Georgetown, the sum of
five hundred dollars, to be paid to the commissioners of the poor of
Prince Gi-orge, Winyaw, to be laid out and expended by them for the use
of the transient poor; the said commissioners to publish annually, in the
Georgetown Gazette, the names of all such transient poor, and the sum laid
out for each, as may have been relieved by this fund ; an account on oath to
be returned to the comptroller, and by him submitted to the legislature.
For the discharge of the contingent expenses of the upper division, a
sura not exceeding four thousand four bundled and seventy-seven dollars
and seventy-eight cents.
For the discharge of the contingent expenses of the lower division, five
thousand seven hundred and eighty-seven dollars and eighty-two cents.
For the City Guard, payable to the City Council of Charleston, four
thousand dollars.
IL And hi- it furtlier enacted by the authority afoiesaid. That the pay
ln-reinafler to be provided for the support and maintenance of the maga- Ma^aziue
ZHie guard, sludl be restricted to that of an officer, sergeant and six men ; §"*''"•
and that the sum of two thousand and two hundred dollars be appropriated
for the payment of the said guard, undei' the diiectinn of the comptroller
general.
III. And hr it further enacted by the authority aforesaid. That the treasurer
of the lower division of the treasury, under the direction of the comptroller
general, and in his presence and in the presence of the Governor, Presi-to^^ebuimt.'"™
dent of the Senate, Speaker of the House of Representatives, and any
three of the Judges of the Courts of Law or Equity, or in the presence
of a majority of the persons above named, shall, as soon as convenient af-
ter the passing of this Act, cause all the paper medium of this State, now
in the treasury, or that may be received previous to the next sitting of
the Legislature, provided the same shall not exceed the sum of two thou-
sand and sixty-one dollars and foity-three cents, to be burnt; and to report
to the Legislature the amount of the medium which may be burnt.
IV. And be it enacted by the authority aforesaid. That the balance
of the interest which shall hereafter remain to this State on the debt
due by the LTiiited States, after paying the interest due on the funded J^g"]JjJy^lf('^y"°
debt of this State, and the amount of the principal which may be paid on
the principal of the debt ckie to this State by the United States, shall be,
and the same is hereby, appropriated to the purchase or redemption of
the funded debt of this State, by the treasurer of the lower division, under
the direction of the compti oiler general and the standing committee of the
legislature.
V. And he it further etiactedhy the authority aforesaid. That the treasu-„,
■ • • I- lU » ti ^1 f ' reasurer to
rer, on receivmg any monies from the tax collector, or any other person of give two re-
this State, shall give him or her two receipts for the same ; and in case ceipts.
560 STATUTES AT LARGE
A. U. 1807. any treasurer shall neglect to furnisli such person with two receipts as
"^■"^'^''"^'^ aforesaid, he shall forfeit and pay a sum not exceeding two hundred dol-
lars, nor less than fifty dollars, to be recovered, in any court having juris-
diction thereof, by the comptroller general.
VI. Anil be it further enacted by the authority aforesaid. That the follow-
Standing ing persons be, and they are hereby appointed, a standing commitiee to
committee. carry into execution the provisions of this Act, referred to them, viz : John
Ward, John Blake, John Drayton, John Dawson, Jr., Henry Deas, and
William Lee.
VII. And he it further enacted by the authority aforesaid. That the sum
Salaries of two of I^welve hundred dollai's be annually appropriated for the salaries of two
tutors in the tutors in the South Carolina College ; and that the trustees of the college
college. ijg authorized to appoint such tutors.
Thomas Lee, Esq. Comptroller-general, for his expenses in prosecuting
the suit against Benja'iiin Waring, ninety-one dollars and fifty-three cents.
Evander M'lver, clerk of the court of Darlington district, one hundred
and eighty-eis;ht dollars, fifty-five cents.
N. & J. Center, for two hundred and ninety-eight acres of land, taken
into the town of Colutnbia from the estate of Nathan Center, three thou-
sand and fifty-five dollars and forty cents, being the amount of valuation ;
and eight hundred and seventy five dullars and forty-eight cents, ititerest
thereon , in the whole, three thousattd nine hundred and thirty dollars,
eighty-eight cents.
Executors (jf Judith Becoat, for a negro executed, one hundred and
twenty-two dollars, forty-three cents.
James M'Dowell, as compensation for interest upon three thousand
pounds, the balance of the debt due to him by the State, allowed to him in
the year 1791, for the payinent of which an appropriation was then made,
but of which paytiient was not made until several years afterwards, two
thousand three hundred and fourteen dollars, thirty-seven and a half cents.
Executors of Piiilemon B. Waters, as provided for by resolution of the
Legislature, forty-seven dollars, forty-seven cents.
John Ward, as provided for by resolution, five hundred and twenty-two
dollars, eighty-nine cents.
John Blake, as provided for by resolution, one thousand and forty dol-
lars, ninety-seven cents.
Abraham Livingston, for pay due him in state troops, and provided for
by resolution, five hundred and sixty-four dollars, fifty cent«.
John IM'Creary, sheriff of Chester district, agreeable to resolution, two
hundred and eishty-eight dollars, eighty-five cents.
Balance due on contracts of the Governor for national defence, agreea-
bly to resolution, two thousand five hundred and tliirty-two dollars.
VIII. And whereas, James B. Richardson, Esquire, executor of the last
will and testament of James Sinclair, deceased, hath petitioned the Legis-
lature that certificates may issue for certain funded stock of this State,
whereof the said James Sinclair, in his life time, was possessed, in lieu of
Certificates to the original certificates fi)r the same, which are lost; Be it therefore enacted
Richard'^on. ^y t'^^ authority aforesaid. That the treasurer of the lower division be,
atid he is hereby, authorized and required to issue to the said James B.
Richardson certificates of the funded stock of this State, for the amount
of the said funded stock, to which it shall appear from the books of the
treasury that the said James Sinrbir, in his life time, was entitled, in lieu
of the oiigiiial certificates thereof, said to be lost : Provided, that the said
James B. Richardson give bond and security to the treasurer of the state
aforesaid, (to be approved of by the comptroller,) in double the amount
OF SOUTH CAROLINA. 6G1
tliereof, to iiiileniiiify the State against the same. As an indemnification A.1).I..07.
to William M'Cants, for a negro killed while working on the public road, '^^^^■'"^''^
four hundred dollais.
For tlin Rev. Mr. Reid, and the Rev. Mr. Biantley, for pt-rforming divine
service during the session of the Legislature, one hundred dollars each ;
in the whole, two hundred dollars.
For enlarging the magazine on Charleston neck, a sum not e.xceediiig
two thousand dollars.
William Vitih, trustee of Mrs. Ann Bnyck, foi amount of verdict, one
thousand and fifty dollars, with interest from the 7tli of March, ISOG, and
costs.
For payment of registered claims, by virtue of an Act entitled " An
Act to raise supplies for the year 1S06," eighteen thousand eight hundred
and ninety-four dollars and fifty-one cents, with one half of the interest
calculated thereon to the time of paying the same.
For repairing the gaol of Colleton district, one thousand dollars.
The honorable Elihu Hall Bay, as compensation for the trouble and ex-
pense attending the publication of his reports, twelve hundred dollars.
John Burns, for a negro executed, one hundred and twenty-two dollars,
forty-three cents.
John Sollee, fiir the use of his room, and furnishing wood and candles
for a detachment of infantry and artillery, fifty dollars.
Mr. Chancoine, or his successor in office, provided the said Mr. Chan-
coiue, or his successor in office, shall be, in the opinion of the attorney-
general, duly authoiized as the agent of the French government, to receive
the same, and to give a satisfactory release and acquittance therefor, two
hundred and twenty-four thousand livres, with one year's interest thereon,
equal to forty-five thousand two hundred and twenty-si.x dollars, sixty-six
cents, to be paid out of tlii' six per cent, purchased for that purpose, being
that part of the Luxemburgh debt claimed by the French government, by
the imperial decree of the ISth Brumaire, an treize.
IX. A>iJ be U farther enacted by the authority aforesaid, That the bal-
ance due by this State of the sum liquidated by their resolutions of the Setilement of
11th and 21st March 17S6, after deducting the payments of one hundred ''^^[''""=™''"''S
and ninety-one pounds, three shillings and ten pence, paid on the 17th De-
cember, 17SS, and the further paymeut of one thousand pounds to J. B.
Cuttiiig, as administrator of the Prince of Luxemburg, and also the sum
of forty-five thousand two hundred and twenty-six dollars, sixty-six cents,
herein before diiected to be pnid to the agent of the French government,
out of the stock above named, be paid to such person as shall, at the time
of paymeiit, be, in the opinion of the attorney-general, the lawful and regu-
lar administrator of the estate of the Prince of Luxemburg, accoiding to
the laws of this .State : Provided the same shall not be paid before the first
of March next.
X. And be it further enacted by the authority aforesaid. That it shall be
the duty of the attorney-general, as soon as shall be conveniently practica-p, •„ . „s ,„
ble, to file a bill of interpleader in the court of equity of this State, in the frigate S.
which he shall make defendants all such persons as shall state and render C"'*''"''"^-
their claims to the compttoller-general, on or befi)re the first day of Apiil
next, claiming as or in right of the legionaries or other persons who weie
on board the frigate South Carolina, and whose claims shall be conflicting.
But that in such suit it shall be indispensibly necessary to authorize a de-
cree against the State in favor of either of the parties interpleaded, that
such party shall not only have repelled the claim of his opponent, but
shall also have established in himself a peifect right, according to the rules
VOL. v.— 71.
562 STATUTES AT LARGE
A.D. 1807. Qf law and evidence ; and that when a deciee shall be given therein, in
^■^^~^'''^*^ favor of any such claimants, the comptroller-general do draw his warrant
on the treasury for the payment thereof.
XI. And be it furthir enacted by the authority aforesaid, That the comp-
troller geneial do order the payment of such sums as are due by tlie State
to stich other of the legionaries and other persons who were on board the
said frigate while in the service of the State, or to their assignees or au-
thorized agents ; provided he shall be satisfied of the identity of the
claimants, and of the authenticity and sufficiency of the assignments and
powers exhibited by the assignees oi attornies of such creditors of the
State ; and th;it in any case in which be shall see fit, he be authorized to
institute or join in any suit or feigned issue, necessary or advisable to try
the validity of any such claims, so that no future application to the legisla-
ture may be necessary ; and if the claimant in any such suit or issue be
successful therein, the comptroller general is hereby authorized to give
him a warrant therefor.
Elizabeth Casey, administratrix, and Josias Duckett, administrator, of
General Casey, for a mutilated three pound bill of the paper medium of
this State, No. 1845.^, on production and delivery of the said bill, with the
certificate of Thomas Jones that the same is genuine, twelve dollars,
eighty-five cents.
William Henry Pledger, for a negro executed, one hundred and twenty-
two dollars, forty-four cents.
Doctor John Hach, for attending, &c. John M'Cary, a State prisoner,
nine dollars, seventy-five cents.
James Robinson, for guarding the gaol of Chester district, in November,
3S01, eight dollars.
John Miller, foi amount of pension allowed from the year one thousand
seven bundled and eighty-six, to 1st January, 1S08, four hundred and
fifty dollars.
Benjamin Scott, for a negro executed, one hundre<l and tuenty-two dol-
lars, forty cents.
James Jamieson, for one year's jiension, fo Isl January, ISOS, twenty-
one dollars, forty-two cents.
XII. And, he itfurtlur enacted, by the authority aforesaid. That the sum
Appropriation ^c sjxty-five thousand dollars be, and the same is hereby, appropriated for
chase of arms, the purchase of arms of an uniform calibre, for the militia of this State ;
and that the comptroller general, the treasurer of the lower division, and
Jolin Elake, be, and they hereliy are, authorized and required to make the
said purchases, preserving always as near as possible the proportion of one
sabre and pair of pistols to ten muskets ; and that they be, and hereby are,
allowed a commission of one per cent, on the amount of pui chases by them
to be made, as a compensation for their services.
XIII. Andbeit further enacted by the authority aforesaid, That as soon as
Said arms to be '-'^® ^^''^ purchases are made the said amis shall be distributed amongst
distributed. the several regiinents of the State, in exact proportion to the number of
effective men composing them ; and the lieutenant-colonels of each regi-
ment, on the receipt of said arms, shall give public notice, of twenty days
at least, in as many diRe?rent places of the regiment as there ai-e companies
composing it, that on a certain day, and at a particular place in the most
central part of the said regiment, the said arms will be exposed to sale, for
cash, at ten dollars, to any jieison enrolled and liable to do inililia duty in
the said regiment; and shall continue the sale thereof until the whole bo
disposed of; and the several lieutenant-colonels in the State shall, at least
once in every year, render to the comptroller-general, on oath, a particular
OF SOUTH CAROLINA. 5^3
account of all the cash received by them on the sale of the said arms, and \^J,^^
pay the amount into the treasury ; which money, when paid into the trea-
sury, shall constitute a fund for further purchases of arms, to be made and
be disposed of on the same terms as is hereby directed.
XIV. And be it further enacted by the authority aforesaid. That as soon
as the arms hereby directed to be purchased are received and exposed to^^^^^J"/ *P'
sale by the lieutenant colonel of any regiment, any person entitled to vote muster'without
for members of the legislature of this State, and liable to do militia duty inarms, to be
the said regiment, who shall attend any company, troop, battalion, squad-
ron, or regimental muster, without the arms required by law for him to
have, shall forfeit and pay a fine of one and a lialf dollar, for every such
default, unless he shall swear, or otherwise make it appear, that all the
arras allotted to that regiment have been sold, or shall swear that he is too
poor to pay for such arms.
XV. And be it further enacted by the authority aforesaid. That a sum . . .
T <- 1 1 1 11 , T 1 -11 • Appropnation
not exceeding five thousand dollars be, and the same is hereby, appropria- f„r „,(,„„[ing
ted for the purpose of mounting the heavy cannon, field pieces and howitz- cannou.
ers, belonging to the State, and for repairing the carriages of such as require
repairs : and that the Governor be, and hereby is, authorized to carry the
same into eii'ect.
XVI. And be it further enacted, That the sum of te" tliousani^ 'lollars jjuj^^ jj^j.^^^
be, and the same is hereby, appropriated fin' the purpose of purchasing
military stores ; and that the comptroller, treasurer of the lower division,
and J. Blake, be authorized to make such purchases.
For defraying the balance due for completing Lexington court-house
and gaol, the sum of three hundred and fifty dollars.
For repairing and completing the South Carolina College, ten thousand
dollars.
XVII. And be it enacted by the authority aforesaid, That in case a ver-
dict shall be obtained in favor of Gabriel Manigault, in the suit directed ^j^^J|^"J",f ^'
between him and the State, it shall be the duty of the comptroller-general,
and he is hereby directed, to issue his warrant upon the treasury of the
lower division, in favor of Gabriel Manigault, for the amount of the value
of his land, according to the valuation established for locating the district of
Columbia, with interest from the time when the State took possession of
said land.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and seven, and of the Independence of the United States of
America the thirty-second,
WILLIAM SMITH, President nf the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives,
an act to authorize and direct the treasurers to receive the no, 1910.
Pay Bills of the Members of the Legislature and Solicitors
FOR the present SESSION, IN PAYMENT OF TAXES, OR TO PAY PlIE
SAME OUT OF THE UNAPPROPRIATED MONIES IN THE TREASURY ; AND
FOR OTHER PURPOSES THEREIN MENTIONED.
I. Be it enacted, by the honorable the Senate and House of Repiesen-
tatives, now met and silting in General Assembly, and by the authority of
564 STATUTES AT LARGE
A.D. 1S(I8. the same, That the Presiilent of the Senate and Speaker of the House of
^~^''~^''~'*-^ Representatives respectively, be, and they are hereby, authorized and re-
quired to sign, on behalf of the members in either house respectively, bills
or wairants for the usual pay allowed to the members of the Legislatuie,
and the solicitoi's for their attendance, at the present session ; and that the
treasurers be, and they are hereby, authorized and directed to receive the
aforesaid drafts in payment of taxes, or to pay the same out of the unap-
propriated monies in the treasury.
II. And be it further enacted by the authority aforesaid. That the fol-
Appropriations 10^^;,,^ appropriations be made :
For the Comptroller-general, as compensation for his travelling expen-
ses and attendance during the present session, six dollars per diem.
For the Secretary of State, as compensation for his travelling expenses
and attendance during the present session, six dollars per diem.
For the Clerk of each house, for their attendance during the present ses-
sion, each three hundred dollars — in the whole, six hundred dollars.
For the Doorkeepers and Messengers for each house, for their attendance
during the present session, each one hundred and eight dollars — in the
whole, four hundred and thirty-two dollars.
For the keeper of the state house, sixty dollars.
For house rent for the Governor, one hundred dollars.
To the administrators of Judith Bedout, for a negro executed, one hun-
dred and twenty-two dollars forty -three cents.
For repairing the jail of Richland district, eight hundred dollars ; and
that Benjamin Haile, William Taylor, Jr., and Daniel Faust, be manageis
of the same.
III. Be it further enacted by the authority aforesaid. That the sum of
three hundred and forty dollars be paid to William Lloyd, for amount of
arrears of pension from the year one thousand seven hundred and eighty-
seven to the first day of January one thousand eight hundred and five.
To the state printers, in addition to the amount of the contract for prin-
ting during the present year, three hundred dollars.
William Lewis, for the amount paid by him in part of the purchase of
six hundred and forty acres of land on Wateree creek, and the costs of
suit in three actions, instituted for the purpose of establishing his title
thereto under the State, two hundred and seventy-seven dollars and seven-
ty-nine cents.
The Rev. Mr. Brantley, for performing divine service during the present
session of the Legislature, twenty-five dollars.
For William Huggins, the sum of four hundred and fifty dollars, the
amount of twenty-one years's pensions, from one thousand seven hundred
and eighty-six, to one thousand eight hundred and eight.
For William Carter, the sum of two hundred and fifty-seven dollars
fourteen cents, the amount of twelve years's pensions, from one thousand
seven hundred and eighty-six, to one thousand seven hundred and ninety-
eioht.
In the Seuate House, the twenty-ninth day of June, iu the year of our Lord one thou-
sand eight hundred and eight, and of the Independence of the United States of
America the thirty-second.
WM. SMITH, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
AN ACT for the better anaiigemeiit of the sittings of the Courts of No. 1911.
Equity ; for the establishment of Courts of Appeal for the same ;
and for other purposes therein mentioned.
{'Passed December 15, 1808. See last volume.)
AN ACT AUTHORIZING THE MORE SPEEDY RKCOVERY OF ReNT; AND FOR No. 1912.
OTHER PURPOSES THBRKIN MENTIONED.
I. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of^v^jt^jif renle-
the same. That from and after the passing of this Act, all writs oi replevin \in, how re.
shall be returnable immediately; and it shall be the duty of the respective'"''"*'''^'
sheriffs, in whose offices they shall be lodged, to make return thereof, ac-
cordingly.
n. And, be it further enacted by the authority aforesaid. That from and
after the passing of this Act, the plaintiff or plaintiffs in all actions of re- piaintifT to de-
plevin, shall be bound to declare, within one month from the lodgment of dare within
the writ in the sheriff's ofKce, without any rule or notice for that purpose ; ""^ nionUi.
and on failure of the sheriff to make return thereof within the period
aforesaid, the plaintiff or plaintiffs is or are hereby authorized to substitute
the Siime as in cases of loss ; and in case the said plaintiff or plaintiffs shall
not declare within the period aforesaid, the defendant or defendants shall
be at liberty to enter up judgment of non pross, and proceed as in such
case is provided by law.
III. And be it further enacted by the authority aforesaid. That all ten-
ants, whether for life or years, by sufferance or at will, or persons coining
in under or by collusion with them, who shall hold over after the legal de- P'^i'il'.vn
termination of their estates, after demand made in writing for delivering (|,j„j„i|, ^^^
possession thereof by the person having the reversion or remainder therein, session for3
or his agent, such tenant or other person holding over for the space of'l''""H?''®'^
three months after such demand, shall forfeit double the value of the use made,
of the premises, lecoverable by action of debt or other legal action, or by
distress, as in cases of rent reserved and payable quarter yearly.
IV. And be it further enacted by the authority aforesaid. That in case
any tenant shall give notice in writing, of his intention to quit the premi-
ses, and shall not accordingly deliver up the possession at the time in such amTfor not'de-
notice contained, the said tenant, his executors or administrators, shall pay livering pos-
to the landlord double the rent which he would otherwise have been liable fission aeeord-
to pay, which shall be recoverable in manner aforesaid. Provided never-
theless, that nothing herein contained shall be construed to give such
tenant a right to discontinue or determine his tenancy by such notice, in
any other manner tlian according to the laws heretofore existing.
V. And be it further enacted by the authority aforesaid, That in all cases
of replevin, the security given by the plaintiff shall be bound and obliged, I'he security
not only for the return of the goods distrained, but also in case the said orreplevin^^^
goods shall be insufficient to satisfy the rent for which the distress is made, how bound.'
or in case the same shall be eloigned, for the full amount of the rent for
which the distress shall be made, and all costs of suit which may be
566
STATUTES AT LARGE
Repealing
clause.
A. n. 1S08. aJjudged against the plaintiff in the action ; and it shall be the duty of the
^-^"^'^^-^ sheriff executing the writ of replerin, to take bond and secunty according
to law, for such amount as shall be sufficient to cover all such sums.
VI. A/id be it further enacted by the authority aforesaid, That all laws
and parts of laws, and all usages and customs, repugnant hereto, be, and
the same are hereby, repealed.
In the Senate House, the seventeenth day of December, in the year of our Lord one thon-
sand eight liundred and eight, and in tlie iliirty-third year of tlie Sovereignty and
Independence of Uie United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
No. 1913. AN ACT providing for carrying into operation the provismns of
AN Act amending thk Constitution, and inthoducixg a reform
in the representation op this State, proposed uy the last and
ratified bv the present legislature.
WHEREAS, certain provisions are found necessary in order to carry
into effect the above Act:
I. Tie it therefore enacted, by the honorable the Senate and House of Rep-
How tax re- resentatives, now met and sitting in General Assembly, and by the authority
turns are to be of the same, That from and after the passing of this Act, it shall be the
™ "^'duty of each and every person or persons, his, her ortheir agent or agents,
in giving in his, her or their property, in their own right, or the right of
those whom he, she or they may represent, both leal and personal, which
shall appear liable to pay a tax under the provisions of the Act to raise
supplies for the year 1S03, and of all succeeding tax Acts, to make his, her
or their return or returns, on oath, to the tax collector of the parish, county
or district, in which he, she or they usually reside ; and on oath to desig-
nate and specify for what paiticular and respective election district of this
State each and every portion of his, her or their property, real or perso-
nal, liable to pay tax as aforesaid, is so returned ; and also to describe the
quantity and quality of all lands, and the number of all negroes, so returned
by him, her or them, in each particular and respective election district.
And in case any person or persons liable to pay a tax as aforesaid shall
refuse or neglect to give in his, her or their return, in manner and form as
above required, then, and in that case, it shall be the duty of each and
every tax collector of this State, and they aie hereby required, to proceed
against all such persons so refusing or neglecting, by a double tax.
IL And he it further enacted by the authority aforesaid, That it shall be
oUectorst^s duty of each and every tax collector in this State to collect, and on or
before the first day of June next, to render in the returns of his collection
district, to the treasurer of that division to which he belongs, taking care
tiie''firsr'dayof to specify and designate all the lands to them returned, which they, or the
June. parties returning them, are incapable of attaching to any particular election
district, so as to represent, under the head of undesignated property, all
lands not sufficiently described.
HL A/id be it further enacted by the authority aforesaid. That the re-
spective treasurers shall, in twenty days after receiving the returns of the
Tax
10 make re-
turns to thi
treasurers by
OF SOUTH CAROLINA. 667
several tax collectors as aforesaid, pass over and transmit the same to the A. 0.18(18.
comptroller ; and at the same time report to him the names of each and ^-^~v~""*-^
every tax collector who may fail in complying with the requisitions of this Treasurers to
Act ; and the comptroller shall forthwith commence and pursue such legal P"^'' °^'P' "?''
measures against all tax collectors who may be in default in making their r^urns'toThe
returns to the treasurers as aforesaid, as will be best calculated to compel comptroller,
them to an immediate compliance with the duties imposed upon them by
this Act.
IV. And be it furtlier enacted by the authority aforesaid. That the comp-
troller shall prepare, and at an early period of the next session of the Le- c- . i.
. , ^ 1.1 *' ' . , _ Comptroller to
gislature, anil at every subsequent session, present to them a correct and present a cor-
detailed statement of all the taxes, both real and personal, for which each '■^'=' *""<""'""'
of the respective election districts throughout this State shall be liable Legis^laturc.
under the provisions of the Act to raise supplies for the year 1808, and
under all subsequent tax Acts ; and it shall be moreover the duty of the
comptroller to furnish each and every tax collector throughout this State,
at the public expense, with a sufficient number of printed blank returns
prepared by him in conformity to the provisions of this Act ; and an oath P^r'^'^'-^u* j"
shall be administered by the respective treasurers to each and every tax witli blank re-
collectoi, on each and every tax return made by him, confirming the truth 'uras.
of the same ; and the respective treasurers shall indorse on each and every
such return a certificate that such oath hath been duly administered and
taken.
V. And he >t furtlter enacted by the authority aforesaid. That for the
purpose of carrying into effect the provisions of the above mentioned Act, persons to be
in regard to the taking the census of all free white inhabitants of this appointed to
State, a fit and proper person shall be appointed by joint resolution of both '" , '^"^'
branches of the Legislature, during the present session, in each and every
circuit court district throughout this State, for taking the same ; and in case
any person appointetl as above shall refuse to accept such appointment, or
a vacancy shall happen in any appointment previously accepted, by death,
resignation, or otherwise, the Governor for the time being shall forthwith
appoint some fit and proper person to fill such vacancy ; and it shall be the
duty of each and every person so appointed to make a faithful, accurate
and distinct census of all the free white inhabitants residing in each and
every election district contained within the circuit court district for which
he shall have been appointed, so far as the whole or any part of the several
election districts shall be contained therein ; and each and every person
appointed as aforesaid shall, in making a return of the census he shall be
appointed to take, designate and specify, on oath, (to be taken before and
certified by a justice of the quorum,) the number of free white inhabitants
residing in each and every election district, or part of an election district,
contained in the circuit district for which he shall have been appointed.
VL Andbe it furtlier enacted, by the authority aforesaid, That each and
every person appointed as aforesaid to take the census in the several cir- „ ,
cuit court districts in this State, shall, on or before the first day of August made by those
next, deliver their several returns at the respective offices of the secretary *^1'" '"'•^e '•'«
of state, carefully sealed, certified and directed to his Excellency the Gov-'^'^"^"*"
ernor, to wit : those residing in the upper division of the State, at the
office of the secretary of State in Columbia, and those residing in the
lower division of the State, at the office of the secretary of state in
Charleston.
VIL And he i7y« /■//«■;• e««cff(Z by the authority aforesaid. That the Gov-
ernor for the time being shall, as early as possible after the first day of
August next, examine what returns have been made, and it case it shall
5(J8 STATUTES AT LARGE
A. b. 1808. appear to him that any person or persons appointed to lake the census
^-'^"^'""*^^ aforesaid shall in any wise have failed in complying with the duties ini-
The said re- posed upon him or them by this Act, either in taking the census or in
turns to be ex- niakinc; a return of the sanit-, he shall forthwith cause the same to be taken
annned nv the , •-' , , . . (» i - a • i -• ]•
Governor. and returned pursuant to the provisions oi this Act, in every election dis-
trict or districts where such defaults shall or may be made.
VIII. And be il further enacted by the authority aforesaid, That each
Those who and every person so appointed and employed, and who shall have comple-
take the census fg J |.]-,y [g[j^j,^„ the census in the respective circnit court districts, shall
to be compen- . => ■ i r
sated therefor, receive a reasonable compensation thereror.
IX. And he it further enacted by the authority aforesaid, That each and
every person appointed to take the said census, shall, before entering on
Oaths to be the duties of his office, take, before some justice of the quorum, the follow-
who"take the^*^ '"S oath, to wit : L, " A. B. do solemnly swear, (or affirm, as the case may
census. be,) that I will honestly, truly, faithfully and impaitially, take a correct
census of all the free white inhabitants residing within the election
district, or part of the election district, contained within the
circuit court district : so help me God." And a certificate fiom the justice
of the quorum who shall administer the said oath, that the same hath been
duly taken before him, shall accompany, and be delivered in with, each
and every return of the census.
X. An<i be it enacted by the authority aforesaid. That the following oath
Oaths to be en- shall be taken before some justice of the quorum, and a certificate endorsed
dorsedon each by the said justice on the back of the return from each election district,
return made, purporting that the said oath hath been duly taken before him, previously
to such return being delivered in or received at the office of the secretary
of state, eitluu' in Columbia or Charleston, to wit : " I, A. B. do swear, for
affirm, as the case may be,) that this packet contains a just, true, correct
and impartial return of all the free white inhabitants residing in the
election district of , and part of the election tlistrict, contained
within the circuit court district, as taken by me : so help me God."
XL And, be it further enacted, by the aulhoiily aforeaid. That in case any
j)ersou who shall or may be appointed under this Act, for taking the ceii-
Oath to be sus in any part of this State, should, by sickness or other imperious and
sonTwho're- unavoidable cause, be prevented from delivering in, at the proper and re-
ceive returns spective office of the secretary of state, a return of the census so by hira
from those who fjiajg ill i^^^fing,. 5j„(] form as aforesaid, then, and in that case, he shall
take the cen- . , r ■ ^ c> \ ^ -i i i n ^
sus. transmit, by some iaitntul and responsible person, the return oi the census
which he shall have taken in the election district for which he was appoint-
ed ; and the person or persons by whoin any returns as aforesaid may be
transmitted, shall, on delivering the said return at the proper office of the
secretary of State, take, before the secretary of state or his deputy, (as the
case may be,) the following oath, to wit : " I, A. B. do swear, (or affiim, as
the case miy be,) that I received this sealed packet from the hands of C.
D. and that the same hath not been opened, or in any wise altered, or out
of my possession, since it was receiveil by me : so help me God."
XIL And be itfurther enacted by the authority aforesaid. That each aixl
Heads of fami- every head or master of a family shall, when summoned thereto by the
lies to make person appointed under this Act to take the census in his, her or their
pmj,_ election district, make, on oath, a correct return of all and every free white
person of which his family is composed, under the penalty of twenty dollars.
In the Senate House, llic .'^evcntepiith day of Decembrr, iu the veiir of our Lord one ihoii-
Siind eight luindred and ei^lil, iuid in ihe thirty-tliird year oflh<- Inileiiciidencc of the
United .States of .^nmrica.
SAMUEL WARREN, President (f the Senate.
THEODORE GAILLARD, Speaker of the House of Representatives.
OF SOUTH CAROLINA. 509
A.D l!il«.
AN ACT TO AIJTIIOKIZE THE CITIZENS OK THIS StATI:, I\ THI: SliVKKAL No. 1914.
Circuit Districts within the same, to i.li cr, by ballot, the
Sheriffs within thi:ir several and respective Disruicrs.
WHEREAS, it would be conducive to the welfare of the citizens of
this State, that in the several districts theieof the sheriffs should be elected Preamblp.
by the people, whose kiiovv!e:lge of characters, and other local circuinstan-
cesand advantages, would en;ible themtomake proper choices forsaid office :
I. B? it I hen fore cnactitJ , by the honoiahlethe Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same, That in future the sheriffs in the several circuit court districts
within this Slate shall be elected by the citizens within the same; and'*'"'""?'"''®
for that purpose an election shall be held oti the second Monday and tlie c,iiMe.
day followino, in January next, and on the second Monday and the day
following in January in every year thereafter, in such of the circuit court
districts as theie may then be vacancies ; to be conducted in the same
manner, by the sane ma'iagers, and to be lioklen at tiie same places, as
now are or hereafter shall be appointed by law for (he conducting, mana-
ging and holding elections for members of ihe Legislature, to elect sheriB's
for tiie several circuit court dislricts williinthis State, wherein any vacancy
shall or may hereafter happen in the office of sheriff', occasioned either by
death, removal out of the State, resignation, removal from or expiration of
office, or otherwise, of any person possessing the same; and if any circuit
court disirict shall include any part of an election district in which iheie
is no place of election established, the persons in such election districts
within the limits of such circuit court districts, shall and may vote at any
place cf election within the limits of such circuit court districts ; and it
shall be the duty of the said managers in the several circuit court districts
wherein such election may he liolden, to give twenty days notice theieof
by advertising the same in the gazette, if any be printed in the district
where such election is to be holderi ; and if no gazette be printed in such
districts, then, by advertising the same on the court house door, and at five
other public places within such distiic.t; and the said managers shall meet
at the court house of the district where such election shall be holden, on
the Thursday next after the election, to count over the votes, and declare
the election of the person who shall have the greatest number of votes ;
and shall certify lo the Governor such person elected, (unless such election
shall be contpsted in manner hereafter raenlioned ;) and upon such certi-
ficate being produced, the Governor shall immediately thereon commission
such person, upon his having first complied with all the requisitions now
attached to the office of sheriff'.
TL And 1'!'. it further enacted by the authority aforesaid. That if any
person shall be disposed to contest the election of any person so elected
sherilf, he shall, on the day on which the votes are counted over and the Ho« to pro
1 .- J I 1 • 'x* I I • • » *■ • • ■ 1^,1 ceed Ml CHses of
election declared, signity such his intention m writing so to do, to the man-^Pin^pig,]
agers, and the grounds on which he intends to contest the same ; and the elections,
said managers shall thereupon be, and they are hereby, authorized and
empowered to proceed to hear and determine such contested election,
upon the grounds so to them stated : Provided, that no manager shall be
permitted to sit upon the hearing and determining any contested election
wherein he may have been a candidate for the offiLe of sheriff'; and in
case such election shall not be declared void, the said inanngers shall
VOL. v.— 72.
570 STATUTES AT LARGE
A. D.1S08. certify to tlie Governor tlie person who is elected, who siiall be comniis-
^-^''^"''^"^ sionetl in manner aforesaid.
111. And be it further enacted by the authority aforesaid. That the Gover-
. nor shall have power, and he is hereby required, to fill up all vacancies in
be filled bv the ^'^'^ office of sheriff, that shall take place by the death, resignation, removal
Governor.' Out of the State, removal from or expiration of office, of any person pos-
sessing the same, or by any election of sheriff being declared void by the
managers as aforesaid, or where any two or more candidates shall have an
equal number of votes, to hold under such appointment until such time as
,„, . an election shall take place according to the provisions of this Act.
shall apply to ^^^ • And be it further enacted. That all laws regulating the elections of
the elections members to the General Assembly shall apply to the elections by this Act
tix\s^Kcu ^^ prescribed to be held for the office of sheriff
V. And be it enacted by the authority aforesaid, That all sheriffs
hereafter to be elected under and by virtue of this Act shall enter on the
Sheriffs when duties of their office on the second Monday in February next ensuing their
to enter on the election: and that no sheriff shall be commissioned until he shall have
dunes of their • i i i ■ • i-i i -r,- i i < .
offices. given bond and secuiity, in like manner as shenfls ate by law now bound
to do; and that the commissions of said sheriffs so to be elected shall be
for the lerm of four years, conformably to the constitution, to be computed
from the second Monday in February in the year in which said sheriff shall
be so elected.
In the Senato House, the firteeiith day ofDeremlier, in the year of our Lord one thousand
eii;ht hundred and eight, and in the thirty-third year uf the Independence of the
Ifnited States of America.
SAMUEL WARREN, President of the Senate.
THEODORE GAILLARD, Speaker of the House of Representatii...
No. 1915. AN ACT to vest in the Judgics of iiii. Courts or Commo.n Pleas
THK powers appertaining TO AND EXKRCJSED BV THE CoL'RTS OF
Equity, a.s to the .appointment op Guardians, so par as may
rixate to the hight of minoes in any estate to be divided un-
DER THE Act passed in the year of our Lord 1791 ; and for
OTHER PURPOSES AMENDATORY OF THE LAWS.
WHEREAS, by an Act entitled " An Act for the abolition of the rights
., of primogeniture, for giving an equal distribution of the real estates of
intestates, and for other purposes therein mentioned," passed the nine-
teenth day of February, in the year of our Lord one thousand seven hun-
dred and "ninety-one, the estates of intestates may be divided by an appli-
cation to the court of common pleas ; and whereas, the rights of minors
are often involved in such divisions, and no sufficient powers vested in the
said courts of common pleas to protect the said rights of minors:
I. Be it therefore enacted, by the honoiable the Senate and House of
Representatives, now met and sitting in General Asseinbly, and by tliii
authority of the same. That all the power and aulhoiity appertaining to
and exercised by the court of equity, as to the appointment of guardians
of the persons and estates of minors, be, and the same is hereby, vested in
OF SOUTH CAROLTNA. 5'1
the juJges of the courts of common pleas, or either of them, holding such A-"^- '^O**-
court, so far as the rights of minors may be concerned in any real or per- ^-''~^^'^-'
sonal property to be divided under the said Act of Assembly, passed on Judges of the
the nineteenth day of February, in the year of our Lord one thousand ^^"^"^[•°^^<^™J|_
seven hundred and ninety-one; as well as all other Acts relative to the ihorized to ap-
partition of estates, teal or personal, together with all other powers neces-P"'"' guardians
sary for carrying into effect the above recited Act; any law, usage, or cus-
tom to the contrary notwithstanding.
II. And be it enacted by the authority aforesaid, That whetiever it shall
be necessary to bring any prisoner into court, as a witness in any case, it Prisoners how
shall be lawful for the presiding judge to older such prisoner to be brought ["tI^''co'i"r't°aa'
into court, without the necessity of a urit of habeas corpus ; and when the witnesses,
said prisoner shall have given his evidence, to cause him to be remanded
to the custody of the officer to whose keeping he shall have been originally
committed ; any law, usage or custom to the contrary thereof in any wise
notwithstanding.
III. And be it farther enacted by the authority aforesaid. That the
judges of the court of common pleas shall be, and they ate hereby declared, Powers of the
in all cases of idiocv or lunacy which may hereafter occur, to be vested J' =f^I^
.,..,.. •' • , , •^- 1 • 1-1 ; 1 • 1 court of cem-
with jurisdiction concurrent with that exercised in like cases by the judges mon pleas in
of the court of equity ; and the judges of the several circuit courts of this '^"^^'"'f '<''™y
State be, and they are hereby declared to be, vested with the like powers'"
and authority which the judges of the court of equity, by law, or by the
style, usage and practice of the court of equity, now have and exercise,
cither as to enquiring into the lunacy or idiocy of any lunatic or idiot, or
as to the appointment of guardians of the person or pioperty of such luna-
tic or idiot, according to the usage and practice of tho court of equity in
like cases.
IV. And be it enacted by the authority aforesaid, That the sheriffs, in
future, shall not be authorized to charge or receive more than one dollar '^''"' ■"•'^""s
for his advertisements for the first sales day, or more than fifty cents for for advertising,
advertising of the same property at any subsequent sales day ; except in
Charleston, Richland and Georgetown districts, and in districts the court
houses of which are not more than forty miles from printing offices, in
which cases the sheriffs of said districts shall cause all property to be sold
by them to be advertised in the public gazettes most contiguous, at least
once a week, and be allowed to receive the cost of printing such adver-
tisement, and none other charge for advertising, and also advertise as
heretofore.
V. And be it enacted by the authority aforesaid, That in all cases
which may hereafter arise, or be now depending, wherein the rights of the Attorney gene-
State may be involved, it shall be the duty of the persons claimincr under '■'''''°'' .^"J"'':
»i c .. \ n ^1 ^.. IT ■ 1 • ■ tors to defend
the btate to call on the attorney general or solicitors, in their respective the right of the
districts, to defend the right of the State ; on failure whereof, the record State,
of such case shall not be adduced as evidence to substantiate any claim
against the State.
VI. And be it enacted by the authority aforesaid, That any person or
persons who may hereafter become purchasers of persona! property at any fheriff'-rs'a'les
sheriff's sale within this State, shall not be cumpelled to take a bill or bills not compelled
of sale for the property so purchased by him or them, nor to pay for any \°J^^^ bills of
bill of sale, without the purchaser should think proper to demand the bill
of sale, for the property so purchased by him or them ; any law to the con-
trary notwithstanding: and in case the purchaser should "demand a bill of
sale, then the sheriff shall charge therefor not more than two dollars.
VII. A?id be it enartcd by the authority aforesaid, That it shall in future
57-2 STATUTES AT LARGE
be ihe duty of the sheriffs to serve all writs of subpoena which may be de-
livered to them for service, and that ihey shall be entitled to receive the
same fees tlierefor as for the service of summary processes, and mileage
on each ticket.
Ill Iho Senate House, the seventeentli clay of December, in the vuar of our Lord one thou-
stiud eight hundred and eight, and thirty-third year of the Independence of the
United StatHs of America.
SAMUEL WARREN, Presidctit of the Senate.
JOSEPH ALSTON, Sjicaker of the House of Representatives.
No. 19 IG. AN ACT requiring the Major Geneials of Militia of this State to cause one
uniform system of evolutions to be adopted by the Cavalary within their
respective divisions; for perfecting the several officers of Militia
throughout this State in their military duty ; and for other purposes
therein mentioned.
(Passed December 17, 1S08. See last vohime.)
No. 1917. AN .\CT to incorporate the South Carolina Homespun Company.
(Passed December 17, 1S08. See last volmne.)
No. 1918. AN ACT to make provision by law for any child or childrkn that
MAY BE BORN SUBSEQMENT TO THE MAKING AND EXECUTING THE LAST
WILL AND TESTAMENT OF ANY PERSON, BUT PREVIOUS TO THE DECl:ASE
OF SUCH PERSON; AND AMRNDATORV uF THE ACT ABOLISHING THE RIGHTS
<iF PKIMiiGENITUKE.
WHEREAS, great and serious inconveiiiencies have arisen from the
unetjual distribution of pioperty amongst families, which, by right and the
Treaniblu. [j^s of consanguinity, have an equal claim, by reason of no provision hav-
ing been heretofore made by law for such child or children :
L Be it therffore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
Provision to be authority of the same. That from and immediately after the passing of this
made for chil- Act, that any child or children of any person, which m:iy be boin after the
dren bornafter making and executing the last will and ti^stanient, but previous to the
decease of such person, shall be, and is hereby, provided for in the same
manner as posthumous children are provided for in and by an Act of the
Legislature, passed the thiiteenth day of March, one thousand seven hun-
dred and eighty-nine, entitled "An Act directing the manner of granting
OF SOUTH CAROLINA. 673
probates of wills and letters of administration, and for other purposes A.D. ISO8.
therein meiiticinedi" any thing heretofore to the contrary thereof in any wise "-^''"v-x^
notwithstanding.
II. And he it further enacted, That so much of the Act entitled " An Act
for the abolition of the rights of primogeniture, and for giving an equitable Port of former
distribution of the real estate of intestates, and for other purposes therein '^'^' ■'''P''''''^''-
mentioned," passed the nineteenth day of February, in the year of our
Lord one thousand seven hundred and ninety-one, as enacts " that no per-
sonal estate which shall he acijuired by any person after the making of his
or her will, shall pass thereby, unless the said will be republished," be, and
is hereby, repealed ; and that such person shall not be considered as hav-
ing died intestate as to such personal property.
hi the t^enatc House, the fifteenth day of December, iti the year of our Lord one
thousund taght hundred and eight, and in ihe ihirtv-tbird yearof the Independence of
the United States of America.
SAMUEL WARREN, President of the Senate.
THEODORE G.MLLARD, Speaker of the House of Representatives.
AIS ACT TO VEST TWO TRACTS OP L.\ND ON EdISTO IsLAND IN THE No. 1919.
MEMBERS OF THE EPISCOPAL CllURCH OF EdISTO IsLAND.
WHEREAS, a petition has been presented to the Legislature by sun-
dry persons, inhabitants of Edisto Island, St. .John's Colleton, praying that „ ,,
two pieces of land in the said Island, which have escheated to this State,
may be given to the members of the Episcopal Church of Edisto Island ;
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That two tracts of land, containing about eighty Land vested in
acres, heretofore belonging to a Baptist church established on the said churcli''of ""^
island, and given by the Rev. Mr. Tilly, which said church has become Edisto Island,
extinct by the death or removal of all its memliers, shall be, and they are
hereby, vested in the members of the Episcopal church of Edisto Island
aforesaid, and their successors, forever, for the use of the said church.
Provided nevertheless, that nothing herein contained shall be construed to „
bar the right of any individual or society claiming the same lands; and pro-
vided, such claim be judicially established in some court of law or equity
in this State, within twenty-one years from and after the passing of this
Act ; and provided also, that the said congregation shall cause this Act to
be published in one of the gazettes of this State twice in each yearof the
term specified above.
In the Senate House, tlie (il^eenlh day of D.?cember, in the year of our Lord one thou-
sand eight hundred and eight, and of tiie Sovereignty and Independence of tiie
United States of America the thirty-third.
SAMUEL WARREN, Prcside7it of the Senate.
THEODORE GAILLARD, Speaker of the House of Representatives.
574
A.D.l
STATUTES AT LARGE
No. 1920. AN ACT for compelling all Mastkrs op Vkssels lodging Seamen
IN THK GAOLS OF THE SEAPORT TOWNS, TO GIVE SECURITY FOR TAKING
THEM AWAY, AND FOR THKIR MAINTENANCE.
WHEREAS, great injury has arisen from masters of vessels and others
lodging seamen in the gaols of this State :
I. Be it t/ierrfore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That from and after the passing of this Act, all
masters of vessels, and others, lodging seamen in the gaols of this State,
for desertion, shall, previously thereto, give bond with security to the
sheriff of the district, to be by him approved, in the sum of five hundred
dollars, for every seaman so lodged in any gaol in this State, with a con-
dition that he or they shall be bound to take away the said seaman or sea-
men from the gaol, and pay the e.xpenses thereof.
In the Senate House, the seventeenth day of December, in the year of our Lord one
thousand eight liundred and eiglit, and of the Independence of the United States
of America the thirty-third.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
No. 1921. AN ACT to alter and amend " An Act to incorporate Charleston;" and
for other purposes therein mentioned.
(Passed December 15, 1808. See last volume.)
No. 1922. AN ACT to suspend forever the sale of certain lands therkin
MENTIONED.
WHEREAS, great hardship and injury may result to many of the
P ble inhabitants of this State, by the sale of certain lands directed to be sold by
an Act entitled " An Act supplementary to an Act entitled An Act foi- de-
claring the powers and duties of the enquirers, assessors and collectors of
the taxes, and of other persons concerned therein."
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
Sale of lands authority of the same, That the sale of all the lands contained within the
suspended. bounds of the several grants exceeding si.\ hundred and forty acres, now
remaining within the Secretary's office of this State, and which have been
there detained for default in the payment of the purchase money by the
respective grantees, be, and the same are hereby, forever suspended ; any
thing in the said recited Act, or any other Act or Acts, to the contrary
thereof in any wise notwithstanding.
OF SOUTH CAROLINA. 575
II. And he it further enacted by the authority aforesaid, That the several A. D. 1803.
sheriffs in this State be, and they are hereby, commanded and required to ^^^^'^'^'"^^
return into the secretary's office all the grants of any such lands now in fum'^ramro'f
their possession respectively. such lands.
HI. Aud he it further enacted by the authority aforesaid. That the Sec-
retary of State shall on no pretence whatsoever deliver tlie grants of any Secretary of
of the aforesaid lands to the grantees, but shall, for ever hereafter, safely suclf grams?
keep all the grants of the said lands in his said office,
In the Senate House, the seventeenth day of December, in the yearnf our Lord one thou-
sand eight hundred and eight, and in the thirty-third year of the Sovereignty and
Independence of the United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Sjjcaker of the House of Representatives.
AN ACT to AMEND AN AoT ENTITLED "An Act to Cede to the United No. 1923.
States various Forts and Fortif cations, and sites for the erection of
Forts," PASSKD THE NINETEENTH DAY OF UeCEMBEK, 1805.
WHEREAS, by an Act passed the nineteenth day of December, one
thousand eight liundred and five, entitled " An Act to cede to the United
States various forts, fortifications, and sites for the erection of forts," it is Preamble,
enacted that a quantity of land, nut exceeding four acres, for a battery or
fort, and necessary buildings, on Doctor Blythe's point of land, at the
mouth of Sampit river, shall be ceded to the United States ; and whereas,
it is necessary to cede a greater quantity of land foi the purposes afore-
said :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That there shall be, and hereby is, granted to the Grant of land
United States of America, all the right, title and claim of this State to a fg^ a fort,
quantity of land, not exceeding six acres, on Doctor Blythe's point of land
at the mouth of Sampit river, adjoining and in addition to the quantity of
land, not exceeding,four acres, by the Act aforesaid granted to the United
States, for a battery or fort and necessary buildings.
II. And, he it niacted by the authority aforesaid. That Joseph Alston,
Savage Smith, Benjamin Huger, John Keith and Paul Trapier, or any Commissioners
three uf them, be, and they are hereby appointed, commissioners, and au- "PP^'^'ed.
thorized to locate, by proper metes and hounds, at the expense of this
State, so far as the charge^ of surveyors shall be incurred, the above men-
tioned quantity of land ; and who shall return into the office of the Secre-
tary of this State, on or before the first day of June, in the year one thou-
sand eight hundred and nine, a fair plat of survey and accurate description
of the said land so ceded, setting forth the limits and bounds t.f the same.
III. And he it further enacted by the authority aforesaid. That all the
provisions, restrictions and clauses contained in the aforesaid Act, applica-
ble and relative to the quantity of land, not exceeding four acres of land, on
Doctor Blythe's point of land, at the mouth of Sampit river, thereby ceded
to the United Slates, shall b(% and the same are hereby declared to be,
576 STATUTES AT LaUGE
A. U. 180S. applicable and relative to the quantity of land, not exceeding six acres, by
"^-^'"^"'"^^ this Act ceded and granted to the United States.
IV. A?id be it enacted by the authoiity aforesaid, Tliat five acres of
Land near the public lands near the town of Beaufort, including the site of Fort
Beaufori ceded Lyttleton, be ceded to the United States, for the purpose of erecting
a fort ; and tliat Colonel Colcock, Stephen Elliott and Samuel Law-
rence, be commissioners to locate the same ; and that the said com-
missioners be, and are hereby, vested with the powers, and are required
to perform the duties, prescribed by the preceding clause of this Act.
In the Senate House, the seventeenth day of Deuember, in the year of our Lord one thousaiid
eight hundred and eight, and in the thirty-tliird year of the Sovereignty and Inde-
pendence of the United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
No. 1924. AN ACT amending the Chatter of the Winyaw Indigo Society ; and
for other purposes therein mentioned.
(Passed December 15, ISOS. See last volume.)
No. 192.5. AN ACT to incorporate the several Societies therein mentioned.
(Passed December 17, 180S. See last volume.)
No. 1926. AN ACT TO enahle th;; Catawba Indians to makk leases op their
LANDS FOU LIFE OR LIVFS, OR TERMS OF YEARS ; A>'D FOR OTRER PUR-
POSES THKKEIN ME.NrMNKI>.
WHEREAS, it is expedient tliat the Catawba Indiatis should have the
Preamble, power to grant and make leases for life or lives, as well as for terms of
years, of the lands vested in them by the laws of this State :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That from and immediately after the passing of this
may brtelsed^ ^^t it sliall and may be lawful for the Catawba Indians to grant and make
for life, iStc. to any person or persons any lease or leases, for life or lives or term of
years, of any of the lands vested in them by the laws of this State ; provi-
ded, that no lease shall exceed the term of ninety-nine years, or three lives,
in being.
II. .4«rf Zic (7 ya/</«'r (?«ffcteZ by the authority aforesaid. That the Gov-
appointfivcsu- ernor for the time being shall be authorized, and he is hereby recjuired, to
perinteudents. appoint five fit aiul proper persons to superintend flie leasing of the lands of
OF SOUTH CAROLINA. 577
the Catawba Indians in manner aforesaid ; and no lease of the lands of the A. D. 18U8.
Catawba Indians, hereafter to be made, whether for life or lives, or terms ^-''"^''"^-^
of years, shall be held or deemed as valid and good in law, unless the same
be witnessed by a majority of the said superintendents at the time of
making thereof, and signed and sealed by at least four of the head men or
chiefs of the said Catawba Indians : Provided, that an annual rent be
reserved as a compensation for such lease ; and provided also, that no
payments shall at any time be made for such lease, or any part thereof, for
more tlian three years rent in advance ; and that no payments shall be
deemed and held to be valid unlesss the same be made conformably to this
Act, and receipts therefor given by such of the chiefs of the nation as
usually transact their affairs, and by a majority of the said superintendents.
III. And be it enacted by the authoiity aforesaid. That the said
superintendants shall be commissioned for the purposes aforesaid for seven T" becommis-
years ; which commission shall be recorded in the office of Secretary of g^y^n vg^rg^
State , and an office copy thereof shall be taken and received as good evi-
dence in any courts of law or equity within this State, as the original would
be, if produced in any case wherein it might be necessary to produce such
original commission.
IV. And he it further enacted. That all Acts and clauses of Acts or Former Acts
Resolutions repugnant hereto be, and the same are hereby, repealed. repealed.
In the Senate House, the fifteentli dav of December, in the year of our Lord one thousand
e!2:hi hundred and eight, and of tlie Independence of the United States of America
the thirty-tliifd.
SAMUEL WARREN, President of the Senate.
THEODORE C4AILLARD, Sj'cahcr of the House of Representatives.
AN ACT TO KEMIT THK ESCHEAT WHICH HAS ACCRUED TO THE StATE No. 1927.
OP ONE MOIETY OF THE ESTATE OF THE LATE NICHOLAS WiN'CKLER,
Jr. DECEASKD, and to vest the same in the sisters of THE SAID
Nicholas \Vinckli;r, and the issue of such of them as aue de-
ceased.
I. Be it enacted, by the honorable the Senate and House of Represen-
tatives, in General Assembly met. That the escheat of that moiety of the
estate of the late Nicholas Winckler, Jr. deceased, which has accrued to
the State, be, and the same is hereby, remitted and given up ; and that the
estate so escheated be, and the same is hereby, vested in David Strobhar,
and Elizabeth his wife, who was a sister of the said Nicholas Winckler,
deceased, and in the three children of the late Margaret Vadgneur, decea-
sed, who was a sister of the said Nicholas Winckler ; the said David
Strobhar and his wife taking one moiety of the said estate, absolutely to
their own use ; and the three children of the said Margaret Vadgneur,
deceased, taking the other moiety of the said estate equally amongst them,
to their own use absolutely.
In the Senate House, the fifteenth day of December, in the year of our Lord one thou-
sand eight hundred and eight, and of the Independence of the United Slates of
America the ihirly-third.
SAMUEL WARREN, President of the Snnaie.
THEODORE GAILLARD, Rpcaler of the House of Representatives.
VOL. v.— 73.
STATUTES AT LARGE
No 192S. AN ACT TO correct an errois in an Act kntiti.ed " A/i Act to re-
mit an Escheat ichich hax accrued to the State, and to rext t\c same in
the 2>ersons therein named."
WHEREAS, it appears tliat an error was committed in the Act above
mentioned, by calling the wife of David Strobhar by the Christian name of
Elizabeth, but that lier name is in fact Margaret, and by calling the late
Mrs. Vadgneur by the Christian name of Margaret, but that her name is in
fact Elizabeth : for correction thereof,
1. Be it enacted, by the the Senate and House of Representatives, and
by the authority of the same. That the Act above mentioned shall have
full effect and operation in favor of David Strobhar and Margaret his wife,
and in fiivorof the children of the late Elizabeth Vadgneur, as completely
as if the names aforesaid had been correctly inserted in the said Act.
In the Senate House, the seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and eight, and thirty-third year of tlie Independence of the
United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Sj>eaker of the House of Rejiresentatives.
No. 1929. AN ACT to relkase the Commissioners of Pendleton Countv
Court, and to vest inthh hands of commissioners the funds which
may be due to the said commissioners, as commissioners of the said
county COURT, FOR THE PURPOSE OF ESTABLISHING A CIRCULATING
LIBRARY.
L Be it enacted, by the honorable the Senate and House of Repre-
sentatives, now met in General Assembly, and by the authority of
the same, That the commissioners of the former county of Pendleton shall
be, and they are hereby, released from all responsibility as commissioners
as aforesaid, as soon as they shall have assigned ovei' all the debts due to them
as commissionets of the said county of Pendletun, and pay over all monies
which have been received by them, and is still unappropriated, to the
use of the said county, to the Rev. James M'Elheiiey, John Taylor, Andrew
Pickens, Jr., William Lee, Samuel Cherrey, General Robert Anderson,
Joseph Whitner, Jaraes Griffin and Thomas JohiLson, and their successors
in office.
n. And he it further enacted by the authority aforesaid. That the said
commissioners, and their successors in office, be, and they are hereby, au-
thorized to receive all monies which may be due or in the hands of the pre-
sent commissioners, belonging to the funds of the former county of Pen-
dleton, and that they lay the same out for the purciiase of books, and that
they do therewith establish a public circulating library, under such rules
and regulations as shall to them seem proper, and most likely to produce
the greatest public utility.
IIL And be it further enacted by the auliiority aforesaid, That the
OF SOUTH CAROLINA. 579
commissioners before mentioned shall have a right to fill up all vacancies A. D. 1808.
which may happen, by resignation or otherwise, among said commissioners, ^-^^'x''^-'
lii the Senate House, the sevcDIeenlh day of December, in the year of our Lord one thousand
eight hundred and eight, and tliirty-tliird of the Independence of tlie United Stat.s
of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the Rouse of Representatives.
XN ACT TO AMKND A.N AcT E^■^lTLED "All Act to prevent the dam- No. 1930.
ing up Broad, Saluda, Paculate, Tyger and Enoree Rivers, and ISte-
phen's Creek, or otherwise ohstructing the fish from passing up the
said Rivers, and to oblige such persons who have already darned or
otherwi.se obstructed the passage of fish in said Rivers, to open the said
dams or obstructions so as fi^h. may pass;" axd for orHER poRPosEa
THEREIN MENTIONED.
WHEREAS, great inronveniencies have resulted to the inhabitants
near Tyger river, in coiisecjuence of the above nientiuiied Act requiring Preamble.
that a sufficient slope or sluice shall be kept open in every inill dam there-
on, during the whole year, for the passage of tish, whereby the mills in the
summer are prevented from grindmg :
L Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That from and after the passing of this Act, every ^^''f ^ **.'"!?,"_
perstm or persons who now have, or may hereafter have or erect, any mill ger river lifteen
dam across Tyger river, or any part thereof, shall open and kei}) a good '"^' """i*^' '"''
and sufficient slope or sluice at least fifteen feet wide, in the middle of the figj,^ ^^"^^
river, and as low as the mud sill in such dam, from the first day in March
until the fifteenth day of May, inclusive, in every year, for the [lassagc of
fish up the said river ; and every person or peisons who shall neglect or
refuse to open and keep such slope or sluice as aforesaid, shall forfeit, and
pay to any person who shall inform and sue for the same, the sum of twelve
dollars for every twelve h.turs he, she or they shall so neglect or refuse to
open and keep such slope or sluice as aforesaid, to be recovered before
any justice of the peace or quorum.
n. And be it further enacted by the authority aforesaid. That if any
person or persons shall put or place any trap, weir or other obstruction „
within two hundred yards of such slope or sluice afiresaid, then, and hi oiistVucting,
that case, every such person or persons so offending shall fijrfeit and pay
to any informer the sum of twelve dollars for every twelve hours each trap,
weir or other obstruction shall continue, to be recovered as aforesaid.
in. And he it further enacted by the authority aforesaid. That if any
person or persons shall put any trap or other obstruction in Tyger river,
(except mill dams as aforesaid,) so as not to leave one-third part of the said
river open, to include the main channel thereof, then, and in that case,
every person or persons so offending shall forfeit, and pay to any iid'orraer,
twelve doll.irs for every twelve hours such trap or other oljstruction shall
continue, to be recovered a» aforesaid.
580 STATUTES AT LARGE
A. n. ino8. IV. And be it further enacted by the autlioiity aforesaid, That if any
^-^'^''""^^ person or persons shall conceive him, her or themselves aggrieved by the
Remedy by sentence, judgment, decreeor order of any justice of the peace or quorum
appeal. under this Act, he, she or they shall be entitled lo an appeal to the district
court, upon the same terms and conditions as appeals are now had in other
cases from the decisions of a justice.
V. And be 27 /i/7t/«T ewnrtrrf by the authority aforesaid, That all Acts or
Part of a former clauses of Acts contrary to ihe provisions of this Act, be, and the same are
Act repealed, hereby, repealed.
In the Senate House, the fifteenth day of December, in the year of our Lord one thou-
sand eight hundred and eight, and in the thirty-third year of the Independence of tlie
United States of America.
SAMUEL WARREN, President of the Senate.
THEODORE GAILLARD, Speaker of the House of Represenlatioes.
No. 1931. AN ACT to grant to J.^mi-:s VV. Cotton the exclusive pRiviLicGt;
OF RUNNING A StAGE CoACH TO AND FROM CHUITAIN PLACES FOR A
LIMITED TIME.
WHEREAS, James W. Cotton, has presented a petition to the Legis-
Preamble lature, praying that an Act may be passed, securing to him the exclusive
privilege of running a stage coach between Charleston and Georgetown in
this State ; and it is ascertained that much convenience and advantage
would result to the inhabitants, and to persons travelling to various parts of
the United States, to have such a sure and commodious conveyance estab-
lished :
I. Be it therefore enacted, by the honorable the Senate and House of Rep-
J. W. Cotton resentatives, now met and sitting in General Assembly, and by the authori-
sta-'es between ty of the same. That the said James W. Cotton shall, for the term of five
Charleston and years, have the exclusive right and privilege of keeping, maintaining and
Georgetown, running such stage coach from Charleston lo Georgetown in this State,
and from Georgetown again to Charleston, alternately, as often as it may
be proper and suitable for him to do ; and that if any person or persons
shall, within that time, for any hire or reward, make a practice of carrying
people in any coach or other four wheel carriage, any where between
Charleston and Georgetown, such person or persons shall forfeit double
the amount of any hire or reward so received by him, her or them, to the
said James W. Cotton, his executors and administrators, and be liable to
a special action for recovery of the same.
U. And be it further enacted by the authority aforesaid, That the said
James W. Cotton, his executors and administrators, shall keep fit, good
and sufficient stage coaches, and good, strong, able and proper hoises, and
suitalile and capable drivers, for the convenience and accommodation of
travellers, and shall be obliged to run a stage coach at least once in every
week from Charleston to Georgetown, and from Georgetown to Charles-
Penalty, ton. And in case the said James W, Cotton should neglect or fail to keep,
maintain and support such stage coach or coaches, horses or drivers, or
neglects lo run the said coach or coaches, as often as is required by this
Act, upon complaint thereof made, and satisfactory pioof given the court
OF SOUTH CAROLINA. 561
of sessions or common pleas in any Jistrict of this State, he the said James A. 1). I8U!!.
W. Cotton, his executors or administrators, shall forfeit all benefit and ad- ^-^'^v-^^
vantage resulting to him from this Act ; and shall be liable to an action on
the case, at the suit of any party aggrieved thereby : Provided neverthe- Proviso,
less, that exclusive privilege of running the aforesaid stage coach or coach-
es in the line between Charleston and Georgetown aforesaid, shall not be
construed so as to interfeie with the establishment of any stages by the
government of the United States.
In the Senate House, the seventeenth day of December, in the year of our [.ord one thou-
sand eight hundred and eight, and in the thirty-third year of the £?overeignty and
Independence of tlie United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the House of RcpresoUatives.
AN ACT to establish ceitain Roads, Bridges and Ferries tiiereiu No. 1932.
mentioned.
(Passed December 17, 1808. See last volur/ic.)
AN ACT TO RAISU SUPPLIES FOlt TUi: YEAR ONE THOUSAND EIGHT HUN- No. 1933.
DRED A.ND EIGHT; AND FOR OPHER PURPOSES THERKIN MENTIONED.
I. Be it enacted, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same, That a tax, for the sums and in the manner hereinafter men-
tioned, shall be raised, and paid into the public treasury of this State, and
for the use and service thereof.
H. And be it enacted by the authority aforesaid. That fifteen
cents per centum ad valorem be paid in specie or paper medium on all
lands granted within this State, under the several regulations heiein- Ra,e of taxn-
after mentioned. Class No. 1 shall contain all tide swamp of the first 'ion on lands,
quality, not generally affected by the salts or freshes, which shall be rated
at twenty-six d(jllars per acre; all tide swamp of the second qualitv,
not generally aftected by the salts or freshes, which shall be lated at
seventeen dollars per acre; all tide swamp of the third quality, not gen-
erally affected by the salts or freshes, which shall be rated at eight and one
half dollars per acre ; all pine barren lands adjoining such swamps, or con-
tiguous thereto with respect to the benefit of water caniage, which shall
lie rated at two dollars per acre ; all prune inland swamp, cultivated and
uncultivated, which shall be rated at an average of thirteen dollars per
acre ; all inland swamp of the second quality, which shall be rated at eight
and one half di'llars per acre ; all inland swamp of the third quality, which
shall be rated at four dollars per acre ; pine barren lands, adjoining or
contiguous thereto, which shall be rated at one dollar per acre ; and all
salt marsh, or inland swamp, clearly proved to the collectors to be incapa-
ble of immediate cultivation, which shall be rated at one dollar per acre.
5S:2 STATUTES AT LARGE
A.I). IiJOD. Class No. 2 shall comprelieiKl all high river swanips and low gi-ounds,
^-^"^'^'^'^^ cultivated and uncultivated, including such as are commonly called second
low grounds, lying above the flow of the tides, and as high up the coun-
try as Snow Hill on Savannah river, and the fork of Broad and Saluda rivers
on the Congaree, Graves's Ford on the Wateree, and the boundary line on
Pedee ; the first quality to be rated at thirteen dollars per acre ; the second
quality at eight and one half dollars per acre ; the third quality at four
dollars per acre ; excepting such as may be clearly proved to the collec-
tors to be incapable of immediate cultivation, which .shall be assessed at
one dollar per acre. Class No. 3 shall comprehend all high river swamps
and low grounds lying above Snow Hill, and the foi'k of Broad and Saluda
rivers, Graves's Ford on the Wateree, and the old Indian boundary line,
which shall be rated at three dollars per acre. Class No. 4 shall comprehend
all high lands without the limits of St. Philip's and St. Michael's parishes,
within twenty miles of Charleston, and on John's Island and James's
Island, which shall be rated at four dollars per acre. Class No. .5 shall
comprehend all lands lying on the vSea islands, (Slann's Island included,)
or lying on or contiguous to the seashore, usually cultivated, or capable of
cultivation, in corn, cotton or indigo, not within the limits prescribed in class
No. 4, which shall be rated at four dollars per acre. Class No. 6 shall com-
prehend all oak and hickory high lands lying below Snow Hill and the fork
of Broad and Saluda rivers, Graves's Ford, and the new boundary line on
Pedee, and not included in the limits or description of the two preced-
inar classes, numbers 4 and 5, which shall be rated at three dollars per acre.
Class No. 7 shall include all pine barren lands not included in classes
numbered 1, 4 and 5, which shall be rated at twenty cents per acre. Class
No. 8 shall comprehend all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first quali-
ty of which shall berated at one dollar and one halfdollar per acre; and the
second quality at one dollar per acre ; and the third quality at forty cents
pel' acre. Class No. 9 shall comprehend all oak and hickory lands
above the old Indian boundary line, the first quality of which shall be rated
at one dollar and twenty cents per acre ; the second quality at sixty cents
per acre ; and the thiid quality at twenty cents per acre. Class No. 10
shall include all lands within the parishes of St. Philip's and St. Michael's,
which shall be assessed iu the same manner and upon the same principles as
houses and lots in Charleston, and in a relative proportion to lands in the
country.
III. And be it cnactcJ hy the authorily aforesaid. That thirty-five cents
per head shall be levied upon all .slaves ; and the sum of two dollars
slaTes &c, " P*^'" head upon all free negroes, inulattoes, and mestizoes, between the
ages of fifteen and fifty; and fifteen cents ad valorum on every hundred
dollars of the value of all lands and lots and buildings within any city, vil-
lage, or borough ; and thirty-five cents per centum on all stock in trade, fac-
torage, employnu;iits, faculties and professions, (clergymen, schoolmaster.s,
school misti-esses and mechanics excepted,) — to be ascertained and rated
by the assessors and cnllectors throughout the State, according to the best
of their knowledge and information ; to be paid in paper medium or specie.
I\'^. And be il cnacfed. by the authority aforesciid. That all negroes
and other slaves who are emiiloved on any lands leased by any person or
blnves employ- ,. , ,, , r i- 1 ii i i .i i i i ]•
ed on Indian persons oi the Catawba Jiidians, shall be, and they arc hereby made, lia-
lands. ble to the payment of this tax. But nothing in this Act contained shall be
construed to impose any tax upon the property of the estate of any reliaiious
society, or the South CaiolinaSocicty, the W'inyaw Indigo .Society, or the
Fellowship Society, or of the estate of the late Doctor De la Howe, devi-
OF SOUTH CAROLINA. 5S3
seil for charitable purposes, and that part of the estate of the late Thomas A-^- l"OS.
WaJsworth which was devised for the establishment of a school, or the Clar- '^^^^'^^^"-^
endon, or the High Hills of Santee, or the Camden Orphan Societies, or Exceptions,
the Columbia Academy, or the lands and funds owned Viy the Free School
of Dorchester, or tlie public lands held by the corporation of Charleston, or
of the lands and funds of any society applicable to the educaiion or main-
tenance of pubHc schools ; but that no houses owned or erected on the
same by any private individuals, shall be exempted from paying taxes
thereon, according to their full value, to be rated by the assessor or asses-
sors in the respective collection districts.
V. And be it further enacted by the authority aforesaid. That every person
entitled to any taxable property or estate in this State, who resides with- Absentees
out the limits of the United States, shall, for the use of this State, pay a "'•'''^ """^''"
triple tax on the same. But this clause shall not be construed to extend
to the property of any person sent, or hereafter to be sent, abroad in the
emplovment of this State or of the United States, until one year after the
expiiation or determination of his commission ; or to the property of any
person now absent from the United States, unless such person has been
absent for one year.
VI. And he itfurtlier enacted by the authority aforesaid, That the tax col-
lectors throughout this State shall receive no payment of taxes but in gold What shall be
or silver coin made current in this State, the paper medium issued under jaxes.'^
the authority of the Legislature, bank paper redeemable in the first in-
stance in gold and silver at the bank of the United States, the branch
bank thereof in Charleston, the bank of South Carolina, the State Bank,
or certain certificates for the pay of the members of the Legislature, or
the Solicitors, for their attendance on the Legislature.
Vn. And be it farther enacted by the authority aforesaid. That each and
every enquirer, assessor and collector shall, on their enquiry for their return Reiumsof all
of taxes of this State for the year one thousand eight hundred and eight, ad- Property '» be
minister the following oath to all such persons as shall be liable to pay any
of the said taxes, viz: "I, A B, do solemnly swear (or affirm, as the case
may be) that the account which I now give in is a just and true account of
the quality and quantity of the lands, and the number of the slaves, on the
first day of October, one thousand eight hundred and eight, in any man-
ner whatsoever, which 1 am possessed of, interested in, or entitled to,
either in my own right or in the right of any other person whomsoever,
either as guardian, executor, agent, attorney, trustee, or in any man-
ner whatsoever, according to the best of my knowledge and belief; and
that 1 will give a just and true answer, according to the best of my knowl-
edge, to all such questions as shall be asked me touching the same ; and
this I swear without any kind of equivocation or mental reservation what-
soever." And upon the principal sum of every sum or sums of interest Tax on money
money actually received, over and above what each person pays on account "' '"''^'■^^'•
of interest, the said assessor, enquirer or collector, or assessors or enquireis
or collectors, to whom the same shall be returned, shall assess the sum of
twelve and one half cents on every hundred dollars which shall have pro-
duced an interest of seven per cent., and a proportionable sum on all other
sums of money drawing less or more than seven per cent; to be recovered
in like manner, in case of default, as the collectors are authorized by law
heretofore to do on their returns of lands or slaves.
VIII. And be it enacted by the authority aforesaid. That in case any
person or persons shall neglect to make a return of his, her or their monies Property not
producing interest as aforesaid, they shall be liable to suffer the same''^'"™^'''
forfeitures and pay the same penalties as are authorized by law in case of
584 STATUTES AT LARGE
A. U. 1808. their refusing or neglecting to make a return of his, her or their lands or
^-^""^^"^^^ slaves.
IX. And he it enacted by the authority aforesaid, That the instal-
raeuts OH the paper medium which shall be due on the tirst VVednes-
ment of the pa-day in March next, shall not be required to be paid as directed by an Act
per medium, entitled " An Act for raising supplies for the year one thousand seven
hundred and ninety-four," but shall be paid on tlie first Wednesday in
March, which will be in the year of our Lord one thousand eight hundred
and ten. Provided, that no person shall be entitled to the benefit of this
clause who shall not give additional security to the treasurer in Charleston,
in all cases where he is not fully satisfied of the sufficiency of the former
security, and in all cases where default has been made in paying what has
heretofore been due, or which may be made in paying the interest to grow
due on the first day of March next.
X. Ayid be it enacted by the authority aforesaid. That the commis-
Copies of this sioners of the treasury shall be, and they are hereby, required to funiish
nished.'^ "'"- copies of this Act, and of the Act supplementary to an Act entitled " An
Act for declaring the powers and duties of the enquirers, assessors and
collectors of the taxes, and of other persons concerned therein," to each of
the collectors appointed by law throughout this State, within one month
after passing this Act, and their reasonable expenses occasioned thereby
shall be reimbursed.
XL And he it enacted by the authority aforesaid. That the Comp-
Sale of lands troller be, and he is hereby, requited to postpone making sale of all
lands directed to be sold by the twetity-third clause of an Act entitled " An
Act supplementary to an Act entitled an Act for declaring the powers and
duties of the etiquirers, assessors and collectors of the taxes, and of other
persons concerned therein," until the first day of January, one thousand
eight hundred and ten.
XIL And be it enacted by the authority aforesaid, That from and
Times for ma- after the passing of this Act, all persons liable to pay any taxes hereafter
atiTpayine^ *•" ^^ imposed by any law of this State, shall, on or befoie the first day of
taxes. February iti each and every year, give in a just and true return of all
slaves, and of the quantity and quality of all lands, and monies at interest, as
may be directed and required by the said laws, which they may hold or be
entitled unto, in his, her or their own right, or the right of any other person or
persons whomsoever, either as guardian, trustee, attorney, agent, executor,
adininistrator, or otherwise howsoever j and shall, on or before the first day
of May ensuing, pay their taxes to the collector of that collection district
where the party making such return, either by himself, his or her family,
may reside the greater part of the year. And that the said assessors or
collectors shall annually pay the same, and settle their accounts with the
treasurer, on the first day of June next ensuing, so far as relates to the tax
collectors of the lower division of the treasury.
XIIL And whereas, sundry borrowers of the paper medium loan have
Mortgiged not paid the interest due on the sums borrowed by them, and sales have been
ii"'on account ™ade of the lands mortgaged to secure the said loan, and the treasurers
of the State to have bought in the said lands foi defect of bidders, and the same remain
be sold. ^g [[jj, property of the State, unproductive ; and in other cases the properly
so sold has been purchased in by the mortgagors and others, who have
not complied with the terms or conditions of the said sales ; Be it therefore
enacted by the authority aforesaid. That the treasurers aforesaid shall be,
and they are hereby, authorized and directed to cause all the lands
bought in as aforesaid on account of the State, and all lands purchased
in by the mortgagers or other persons whomsoever who have not complied
OF SOUTH CAROLINA. 585
with the conditions of the foimersales of the said property, to be put up to ^- " "''*•
sale, in the different districts in which they severally lie, by the sheriffs of the ^-"^"■"""^'^
said districts, on a public sale day, after civing three months notice thereof,
and shall sell the same tt> the highest bidder, who shall pay one fourth
of the purchase money in cash, and the leniaining three fourths in one and
two years ; for the performance of which he shall give his bond and a mort-
gage of the premises, and also personal security, to be approved of by
the sheriff and three commissioners, residing in such districts, to be nom-
inated by the treasurer. Provided, no sale of the mortgaged lands shall Hreriso.
take place when any person interested in the same shall, previously to the
day of sale, tender one third part of the sum due, together with the
expenses incurred.
XIV. And he it enacted by the authority aforesaid, That on all sales
made in pursuance of the ne.xt preceding clause, and under the authority Terms of such
thereof, the purchaser shall, immediately after the said propeity shall be^^'*'-
knocked off to him, pay into the hands of the sheriff making the said sale
a sum which shall at least be equal to ten per cent, upon the amount of
his purchase, towards the payment thereof; and if he should fail or ne-
glect to make such payment, the sheriff shall immediately set up the same
property for public sale, upon the spot ; and shall not, upon such re-sale,
or any other sale of the same property made by virtue of this Act, receive
the bid of the first purchaser or his agent. And that the sheriff shall, in all
his advertisements of the property sold by virtue of this Act, on account of
the paper medium loan, give notice thai he will require the payment of
the said ten per cent. ; to the end that no persons inclined to purchase at
the said sales may be ignorant thereof.
XV. And he it further enacted by the authority aforesaid. That if any
purchaser, after paying the percentage aforesaid, shall fail or neglect to ''°'^'^'"'"' °"
comply with the terms of the sale, all money so paid shall be forfeited pijin^ with
to the State ; and shall be applied first to pay the costs and charges accrued 'he terms of
or due upon the said sale, and the surplus, if any, shall be paid into the^"''
treasury of this State, in aid of the revenue thereof.
XVI. And be it further enacted- by the authority aforesaid. That if any
person shall at any re-sale made by the sherift" on account of the first or T!"""' "'^ ,^°'*
any former purchaser having failed or neglected to pay the percentage are re-sold,
aforesaid, or to comply with the terms and conditions of the sale, such pur-
chaser shall himself he bound by his purchase, and shall comply with this act,
and the terms and conditions of such re-sale, and shall not be allowed to
say, set up, or pretend, that he boucjht the same as acent for the first or any
former purchaser. Provided always, that it shall be publicly proclaimed
by the crier at such sale, that the same was to be on account and risque
of the first or some former purchaser ; and that the conditions and terms of
the sale shall, in like manner, be proclaimed by him immediately befiire the
property is set up.
XVII. And he it enacted by the authority aforesaid. That in case of any
re-sale made under the authority of the preceding clauses of this Act, on ac- Deimiltfrs liu-
count or by reason of the non-payment of the ten per cent, hereby required difiHeney^by
to be paid, or on account of the non-compliance with the conditions and siii;h sales.
terms herein before prescribed, the person or persons for whose default the
said re-sale shall be made, shall be, and he, she and they is and are hereby de-
clared, liable for any deficiency which may happen between the first ant] any
other subsequent sale of the said property ; and the tieasurers are hereby
authorized and directed to commence suits for the recovery of any such
deficiency.
XVIII. And be it further enacted by the authority aforesaid, That it shall
VOL. v.— 74.
586 STATUTES AT LAKGE
A.I), inns, bethe duty of the ta.x collectDis of lliis State to makf, on the first Monday
^""'^^^"^^ in September next, to the coinmissioners of the poor, in the parish or dis-
Poor tax. trict in which any poor tax shall be by the said tax collectors respectively
collected, a return of such poor tax, in like manner as they make their re-
turns of the public tax to the treasurers of this State. And it shall
also be the duty of the said tax collectors to make a duplicate return to
the comptroller general of the amount of tax so collected and paid to the
commissionets.
XIX. And lie if. enacted by the authority aforesaid, That the comptrol-
Transient 'sr general be, and he is hereby, required and directed annually to call
pour fund of on the treasurer of the City Council of Charleston to render an ac-
lar eston. gQuoi; on oath to him of the application of such monies as are appro-
priated for the suppoit of the tiansient poor, and for other purposes ; and
that the account so rendered be laid before the Legislature.
XX. And be it enacted by the authority aforesaid. That the several
Tax culleciors tax collectors in each fiscal division of the State shall exhibit, in .some
10 rpturn iiiop- column of his return, the number of acres of land lying within their re-
mher divisions spective divisions, and the number of acres lying elsewhere, and for which
for which taxes taxe< shall be paid them ; in like marmer they shall exhibit in other columns
are paid ihem. ^^^^ number of negroes within their respective divisions, and of those else-
where, and where, on which taxes shall be paid them ; and in other separate
columns exhibit the amount of taxes in their respective divisions, on every
different article taxed by law ; and the treasurers of each division, and the
comptroller, shall preserve these columns in their aggregate of taxes to be
laid before the next Assembly.
XXI. And be it fiirtlier enacted by the authority aforesaid. That the
r'^t'^'f F r*"^ inhabitants in the fork of Edisto shall hencefi)rth pay their taxes to the
tax-collector of Orange Parish, whose power and authority shall hereaf-
ter extend throughout the fork, up to the lower line of Edgefield disttict.
XXII. And whereas, inconveniences arise from having a part ofOiange
Boundary line county within the limits of Barnwell distiict ; iJp it enacted by the authori-
OranEre'and *y af"''esaid, That the south branch of Edisto river, fiom the place where
Winton. the line dividing Orange from Edgefield district strikes the same, to its
junction with North Edisto, and thence to where the line of Colleton dis-
trict strikes said river, shall for ever hereafter be the boundary between
Orange and Winton counties.
XXIII. And, he it enacted by the authority aforesaid. That the tax collec-
tor for the parishes of St. Philip's and St. Michael's, Chaileston, shall, (jn
by"tai '''6 fii'sf Monday in the months of April, May and June, in each and every
ollectors. year, make the following return to the treasurer of the lower division,
"I, A. B., do solemnly swear (or affirm) that the sum of dol-
lais, by me now paid, is all the money which I have received on account
of the general tax, since my last return." And on the first Monday in July,
in each and every year, the said tax collector for St. Philip's and St. Mi-
chael's, Charleston, and for each and every tax collector in the upper division
of the treasury of this State, and on the first Monday in June, in each and
every year, each and every tax collector in the lower division of the trea-
sury of this State, shall completely and finally close their seveial and respec-
tive returns, by paying over the full balance which may have been received
by them, producing to the treasurer of the said upper and lower divi-
sions of the treasury of this State, respectively, the sheriff 's receipts for
all executions lodged by them against defaulters ; and if the sherifl's re-
ceipt, so produced, shall not satisfactorily account for the full balance due
on the said return, then, and in such case, the treasurers in each division
respectively, .shall be, and they are herel)y, directed to enforce the means
Rpturn to be
OF SOUTH CAROLINA. 587
poinleJ out by the Act entitled " An Act declaring the duties and povveis ■^■"- '^'"'•
ot" the enquirers and assessors of taxes, and other persons concerned ""^ /"^-^
therein," passed in the year of our Lord one thousand seven hundred and
eighty-eight. And the said several tax collectors, upon closing their said
returns, shall respectively take the following oath or affirmation, to wit :
"1, A. B., do solemnly sweai (or affirm) that the return 1 now make is a uath lo b.-
just and true return of all the taxable property made for the collection dis- taken by ihe
trict of , and that the sum of dollars, by me now paid, is the *^""'''''"''^'
whole of the monies I have received for the general taxes of tiie said district,
since my last return;" which said oath or affirmation the treasurer shall
impose, and cause lo be endorsed on the said return.
XXIV. And he it enacted by the authoiity aforesaid. That every peison
liable to pay the tax hereby imposed, and who is required to make a return Persons selling
by the preceding clause of this Act, shall, iu his or her said leturn, particu- taxable proper-
larly account for any property by him or her sold since the return of the |j'^j,l^g'j,',^g,iii'„
preceding year, by stating whether the same was sold by him or her be- thereof.
fore or subsequent to the first of October, then next preceding, and to
whom, that the comptroller-general, by an e.xaminatioii thereof, may be
enabled to ascertain whether the tax due thereon has been paid ; and in
case any person shall fail or neglect so to do, he, she or they shall be lia-
ble for a double tax thereon, in the same manner as he, she or they would
have b^en, had he, she or they not dispossessed themselves thereof.
XXV. And, he it farther enacted, by the authority aforesaid, That the
comptroller general be, and he is hereby, required and directed, annually, „ . .
to call on the several boards of commissioners of public buildings, and of public buil-
boards of commissioners for clearing, opening and rendering navigable the dines and in-
several rivers and creeks in this State, to render an account, on oath, to to'accoiii'ft''to°"
him, of the application of such monies as are appropriated for the election the Compirol-
of public buildings, or the clearing, opening and rendering navigable the '^'''
rivers and creeks of this State; and that the accounts so rendeied be laid
before the legislature.
XXVL Whereas, the fifth clause of the Act entitled "An Act respecting
slaves, free negroes, mulattoes, and mestizoes, for enforcing the nioie punc- Tax on planta-
lual performance of patrol duty, and to impose certain restrictions on the 'io"* ™'t'i """'8
emaniipation of slaves," passed 20th December, ISOO, which imposes a gi'i'^'^jil^ol,*^"^!,
penalty or tax of one hundred dollars on every owner of a settled planta- overseer,
tion coHtaining more than ten workers, who does not reside or keep there-
on a white man or overseer capable of doing patrol duty, is, in its opeia-
tion, unequal and unjust : for remedy whereof. Be it tnacUd by the au-
thority afori'Said, That from and after the first day of January next, it shall
be the duty of every owner of a settled plantation, having thereon thirty
slav.s, either to reside thereon six months in every year, or to keep there-
on a white man or overseer, capable of doing patrol duty ; and in case
such owner or owners neglect or fail to leside thereon as aforesaid, or to
keep such white man or overseer on such plantation for nine months in
each year, he, she or they shall be liable to the tax or penally herein im-
posed, that is to say : for every plantation containing or having thirty
slaves, upon which the owner does not reside six nKuiths in the year as
aforesaid, or have a white man or overseer capable of doing patiol duty,
he or she shall be liable to and pay the tax or penalty hereinafter men-
tioned : for every plantation having thirty slaves thereon, without such
residence or overseer as aforesaid, one hundred dollars : for every planta-
tion having more than thirty slaves thereon, without such residence or over-
seer as aforesaid, in addition to the said one hundred dollars aforesaid, one
dollar per head on each and eveiy npgrn or slave exceeding that number.
538 STATMTRS AT l.AROE
XXVII. A/nlhf it /-nac/rd ]>y the autlionty aforesaid, Tliat it shall he
the iliity of the several tax collectors throughout this State to administer
the f jllowiiig oath to every person who shall make a return of more than
thiity slnves: "I, A B, do solemnly swear (or affirm, as the case may he,)
that I am not liahle to pay the penalty hereby imposed for not having an
overseer, or residing on my plantation, as required hy this Act: so help
me God." And in case any person or persons, leturning more than thirty
slaves, shall refuse to take the said oath, he, she or they shall be liable to
the penalty hereby imposed for every slave by him returned exceeding the
number of thirty.
XXVIII. And he it further enacted by the authority aforesaid, That so
Partofafiirmer much of the 25th enacting clause of an Act entitled " An Act to raise sup-
Act repealed, plies for the year one thousand eight hundred and seven, and for other
purposes therein mentioned," passed the nineteenth day of December, in
the year of our Lord one thousand eight hundred and seven, as is repug-
nant to the foregoing clauses, be, and the same is hereby, repealed.
XXIX. And hi; it oiaricd. by the authoiity aforesaid. That the comp-
Comp^roller to fo'lt:'' ge'it^'sl ^^t '"'d ''^ •* hereby, authorized to draw his warrant on the
draw on the treasury for the sums subscribed on the la.st register, as reported by him,
thTFums siib- amounting to two thousand nine hundred and eighty-three dollars, fifty-
Bcribed on the nine cents ; also the sum of two hundied and fourteen dollars, twenty-
last register, eight cents, not registered according to law, but of which Thomas B. Bacot,
as attorney of James Warrington, hath, by his special petition to the Le-
gislature, prayed payment ; and also one hundred and fifteen dollars, not
registereil according to law, but of which Thomas Blackwood, as execu-
tor of .\ndrew Vos, deceased, hath in like inaimer prayed payment, with
one half of the interest on the said several sums, calculated to the time of
paying tlie same, on receiving the evidences of the said debts cancelled.
Comptroller XXX. And be it further enacted by the authority aforesaid. That the
authorized to comptroller-general shall be, and he is hereby, authorized to exchange such
six per^c^etit^ "^ ''^^ *'^ P^'' '^^"'^- stock of the United States, which is held by this State,
stock held hy and which is of a transferable nature, for the six per cent, stock of this
this State. State ; provided the same be done not under par.
XXXI. And, he it further enacted by the authority aforesaid. That it shall
„ . . be the duty of the commissioners of the poor, and the commissioners of
<.;nmmissienPrR , i-, i,-- i -i -I'l-o i
of the poor and fue roads, m the several districts and parishes ivithin this State, to render
of the roads to on oath to the clerks of the ciicuit courts in their respective districts, on the
cleHts"of" ^''■'*^ Monday in September in every year, a correct account of all monies
courts. received by them, and the manner in which the same have been applied ;
and it shall be the duty of the clerks of the said courts respectively, to
transmit certified copies thereof to the comptroller-general, to be by him
laid before the Legislature.
XXX [1. And be it enacted by the authority aforesaid. That the last en-
, , actinir clause of an Act entitled " An Act to raise supplies for the vearone
rart ofa former , ^ , ■ , ■ , , , , ^ • ' ' .i "•
Acirepealed, thousand eight hundied and seven, and tor other purposes therein men-
tioned," be, and the same is hereby, repealed.
XXXllI. And. be it enacted by the authority aforesaid. That it .shall be
Attorney-gene- the duty of the attorney-gencMal, and of each of the solicitors of the diflfer-
t'lrato.Tixouni •'"'• c'T'-uits, to certify to the comptroller-general, on or before the first
to ihecomp- Monday in October in every year, the fines and forfeitures which have been
iroller. ],^j „,. inflicted by the courts upon his circuit, within the year next prece-
diii'^' tli'' day aforesaid ; and that it shall be the duty of each of the clerks
of the several circuit court districts, to return to the comptroller-general,
on or before the same day in every year, an account, upon oath, of all the
fines and forfeitures which have been inflicted, had, or received withjn his
OF SOUTH CAROLTNA. 589
district court, of the manner liow appropriated or remitted, and to pay A. U. 1808.
over to tiie treasurer of the State, the balance in hands on that day; that in ^-^'->''"^-'
case of the faihire of any clerk to render such account, he shall forfeit and
pay the sum of two hundred dollars, to lie recovered in any court of com-
petent jurisdiction ; and it shall be the duty of the comptroller to direct
the attorney-general or solicitors, as the case may be, to sue for and recov-
er the aforesaid sum, of such clerk as shall fail to render such account.
XXXIV. And be it enacted by the authority aforesaid. That from and
immediately after the passing of this Act, his E.xcellency the Governor ''"^^.'■"<"''°
shall be, and he is hereby, authorized and required to commission one fit ,njssioner of
and proper person, and at all times to fill up such vacancy as may happen, Columbia,
who shall give bond with two good and sufficient securities, to be approved
of by him, in the sum of five thousand dollars, with condition for the faith-
ful discharge of the duties enjoined by an Act entitled " An Act to appoint
commissioners to purchase land for the purpose of building a town, and
for removing the seat of government thereto ;" and for the faithful execu-
tion of all Acts already passed or hereafter to be passed, relating to dis-
posing of the lots or squares of land in the said town.
XXXV. And whereas, certain lots or squares in the said town have
been sold by the former commissioners, acting under the above recited Commissioner
Act, but no titles for the same have been executed ; Be it therefore enacted. y,j\^^
by the authority aforesaid. That the commissioner appointed in pursuance
of the preceding clause shall be, and he is hereby, authorized to execute
titles to any ])erson or persons, who have at any sales of lots or squares in
the town of Columbia, made by any former board of commissioners, upon
such purchaser or purchasers complying with the terms or conditions of
such sales.
XXXVI. And he it further e^iacted by the authority aforesaid, That the
commissioner to be appointed as aforesaid be, and he is hereby, aulhoiized
and required to enquire into the conduct of the former commissioners, or 'i''"^^''' !^"<'
persons who have taken upon themselves the execution of the aforesaid gajj cominis-
recited Act, and to bring them to an account and settlement for all monies sioner.
heretofote leceived by them, any or either of them; to take due and legal
measures to secure all debts due to the State by the several purchasers of
lots in the said town ; to restrain all jiersons indebted for lots as aforesaid
to pay to any one except to himself, for the use of the State, the debts by
them respectively due ; to comjiel the said commissioners, or the repre-
sentatives of such of them as may be dead, to pay over to him all monies
in their hands, or to deliver over all evidences of debts for lots as aforesaid,
in the hands, custody or possession of them, or either of them ; and gen-
erally to do all acts and things which may tend to secure the rights and
interest of the State in the premises.
XXXVII. Whereas, Malachi Nicholas Bedgegood and David Mande-
ville have, by their petition, set forth that they have for several years pastj^^j^^^ ^^ ^^
been the proprietors of the lands mortgaged to the loan office of this State re-conveyed to
by Thomas and Josiah Evans, in security for the payment of the amount M.N- '^•"JS"-
of their joint bond, numbered three hundred and forty-eight ; and whereas, Mandeville.'
they have set forth that the said lands so mortgaged as aforesaid have been
sold by the commissioners of the ti-easury, and bought in on account of the
State ; and whereas, the said Malachi N. Bedgegood and David Mande-
ville have, by their said jietition, ))rayed that the said lands may be recon-
veyed to them, and to be held by them under the same conditions to which
it was subject ])reviously to the time of the said sale : Be it therefore enact-
ed by the authority aforesaid. That the commissioner of the treasury fo ■
the lower division shall be, and he is hereby, authorized and required, by
590 STATUTES AT LARGE
A. 1). 1808. a deed or deeds, competent and proper in law, to reconvey to the said
^"'"'^^"^^ Malachi N. Bedgegood and David Mandeville, their heirs and assigns, the
said lands: Provided, that the said Malachi N. Bedgegood and David
Mandeville, shall, on or before the first day of April next, pay into the
treasury of the lower division of tliis State the several instalments and
interest which may be due on the above mentioned bond, and all incident-
al expenses attending the sales and reconveyance of the said land : And
piovided, that the said Malachi N. Bedgegood and David Mandeville will
mortgage the said lands for the benefit of this State, to the commissioner
of the treasury of the lower division, in his capacity as commissioner of the
loan office, in the manner and form as lands were mortgaged by an Act
entitled " An Act to establish a medium of circulation by way of loan, and
to secure its credit and utility :" And providtd also, that they, the said
Malachi N. Bedgegood and David Mandeville, shall give to the said treasu-
rer their joint and several bond for the payment of the balance of principal
and interest which shall or may heieafter become due on said bond, with
personal security, to be approved of by the sheriff of Marlborough district,
and three commissioners residing in said district, to be nominated by said
treasurer; which bond, both in relation to principal and interest, shall be
made payable annually, at the same time that the loan office bonds were
originally made payable.
XXXVIII. And be it further enacted by the authcjrity afoiesaid, That
J?""*^ !° ''f/'^" as soon as the said Malachi N. Bedgegood and David Mandeville shall
hvered to iM. , . , , -^ ? i • i ,- i
N. Bedsegood detiver to tlie saict treasurer the said bond, in manner and loim as ai)ove
nnd D. Mande- required, and shall comply with the other requisites of the above mentioned
clause, the said treasurer shall, and he is hereby required to, deliver to
them, or either of them, the bond given by the said Thomas and Josiah
Evans.
XXXIX. And whereas, by an Act entitled "An Act supplementary to
an Act entitled an Act for declaring the powers and duties of the enqui-
rers, assessors and collectors of the taxes, and of other persons concerned
therein," passed in December, one thousand eight hundred, and on the
Mortgaged seventeenth day of December, one thousand eiiiht hundred and three, it is
lands liable to • i i , i ,- , . i i ,7 i t ■
he sold in the provided that no sale oi the lands mortgaged for the paper medium loan
usual manner, shall take place when any person interested in the same shall, previous to
the day of sale, tender one third part of the sum due, together with the
expenses incurred, and give bond, mortgage and security, as is therein
before directed, for the balance due, payable in one and two years ; and
that the said mortgaged property shall, thereupon, vest in the party so pay-
ing and giving security as aforesaid : for the explanation whereof. Be it
enacted. That in every case where the provisions of the iiforesaid .Act shall
heretofore have been, or hereafter may be, complied with, the State shall
be considered as still retaining lien on the lands, created by the first mort-
gage ; and the lands so mortgaged shall, upon default of payment of the
mortgage money ilue thereon, or the interest now due, or that may here-
after grow due thereon, be liable to be sold, in the same manner, and
under the same proceedings of the treasurers, as now aie or hereafter
shall be directed by law for the sale of lands moitgaged for the paper
medium loaned.
In the Senate House, the seventeenth day of December, in the year of our Lord one thousand
eight hundred and eight, and in the thirty-third year of the Sovereignty and InHe-
pendencfc of the United States of America.
SAMUEL WARREN, Presiident of the. Senate
JOSEPH ALSTON, F^pcnker nflhc Hou^r of Rej,rcxentatives.
OF SOUTH CAROLINA.
AN ACT TO JIAKE Al'PKOPRIATIONS FOR THE YEAK ONE THOUSAND KIGHT No. 1934.
HU.NUKKD AND EIGHT.
I. Be it enacted, by the honorable tlie Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the aiithoritv ot", • .•
1 riM , r 11 ■ 1 -1 • 1 r " , Appropriation
the same, 1 hat the lollowmg sums be respectively appropriated tor the
salaries of public officers, and other expenses and purposes of government.
For the salary of the Governor, two thousand five hundred and seventy-
two dollars.
For the salary of the Secretary of the Governor, four hundred and thir-
ty dollars.
For the salaries of six Judges of the courts of common pleas, each
two thousand five hundred and seventy-two dollars — in the whole, fifteen
thousand four hundred and thiity-two dollars.
For the salaries of five Judges of the Court of Equity, eleven thousand
five hundred and seventy-six dollars.
For the salary of the Attorney General, for giving advice to the Gover-
nor and other public officers, in matters of public concern, as a full re-
compense for the discharge of all public duties incident to his office, as
Attorney General, one thousand dollais.
For the salaries of four Circuit Solicitors, each, in lieu of all charges
against the State, for the performance of every public duty appertainine; to
their respective offices, each five hundred dollars — in the whole, two thou-
sand dollars.
For the salary of the Comptroller-general, two thousand and five hun-
dred dollars.
For the salaiies of the Comptroller-general's clerks, and the stationary
requisite for his office, one thousand and six hundred dollars.
For the salary of the Treasurer of Charleston, as Treasurer, and for
transacting the business of the Loan Office, and Clerks, two thousand six
hundred and fifty-eight dollars.
For the salary of the Treasurer in Columbia, including clerks, two
thousand dollars.
For the salary of the Clerk of the Senate, and the Clerk's salary of the
House of Representatives, each twelve hundred and thirty dollars ; in the
whole, two thousand four hundred and sixty dollars.
As a cimpeusation fur the Clerk of the Court at Columbia, one hundred
and forty dollars.
As a compensation for the Clerk of the Court at Charleston, one hundred
and forty dollars.
As a compensation for the Sheriff of Richland district, for attending the
Constitutional Court at Columbia, fifty dollars.
As a compensation for the Sheriff of Charleston district, for attending
the Constitutional Court at Charleston, fifty dollars.
For the keeper of the State House at Columbia, one hundred and
thirty dollars.
For the salary of the Adjutant General, fifteen hundred dollars.
For the salaries of nine Brigade Inspectors, each two hundred and six-
teen dollars — in the whole, one thousand nine hundred and forty-four
dollars.
As a compensation for the Arsenal keeper and powder receiver, in the
city of CharlestoiJ, three hundred dollars.
I
592 STATUTES AT LARGE
A. a. 1808. For the salary of the Port Physician of Charleston, for boat hire and all
^^''^^^^^ other expenses appertaining to the said office, one thousand dollars.
As a compensation for the Arsenal keeper and powder receivers for
Abbeville, Camden, Georgetown and Beaufort, each fifty dollars — in the
whole, two hundred dollars.
For the contracts of the State Printer, a sum not exceeding one thou-
sand one hundred and fifty-eight dollars.
As a compensation foi the Pilot for the bar and harbour of Georgetown,
three hundred and twenty-two dollars.
As a compensation for the pilot for the bar and harbor of Beaufort, three
hundred and twenty-two dollars.
For Annuities, seven thousand dollars.
For the Transient Poor, payable to the City Council of Charleston, four
thousand two hundred and eighty dollars.
For the salary of the keeper of the Lazaretto of the port of Charles-
ton, five hundred dollars.
As a contingent fund subject to the Governor's draft, he submitting an
annual account of the expenditure thereof, ten thousand dollars.
For the expenses of the Members of the Legislature at the present ses-
sion, and pay of the Solicitors for their attendance, thirteen thousand five
hundred dollars — if so much be necessary.
As compensation fi)r two Doorkeepers to the Legislature, each two
hundred and sixteen dollars — in the whole, four hundred and thirty-two
dollars.
As a compensation for two Messengeis, each two hundred and sixteen
dollars — in the whole, four hundred and thirty-two dollars ; to be paid at
the adjournment of the legislature.
For rent of the Governor's house at Columbia, two hundred and fifty
dollars.
For aid in supporting the transient poor in Georgetown, the sum of
five hundred dollars, to be paid to the commissioners of the poor of
Prince George, Winyaw, to be laid out and expended by them for the use
of the transient poor ; the said commissioners to publish annually, in the
Georgetown Gazette, the names of all such transient poor, and the sum laid
out for each, as may have been relieved by this fund ; an account on oath to
be returned to the comptroller, and by him submitted to the legislature.
For the dischai'ge of the contingent expenses of the upper division, a
sum not exceeding five thousand dollars.
For the discharge of the contingent expenses of the lower division, a
sum not exceeding six thousand dollars.
For the City Guard, payable to the City Council of Charleston, four
thousand dollars.
II. And be it further enacted by the authority aforesaid. That the pay
Maguzine heremafter to be provided for the support and maintenance of the maga-
guard. zine guard, shall be restricted to that of an officer, sergeant and six men ;
and that the sum of two thousand two hundred dollars be appropriated
for the payment of the said guard, under the direction of the comptroller
general.
As a further appropriation for the building of the court bouse of Edge-
field district, one thousand dollars.
For the repairs of the gaol of Marion district, four hundred dollars.
John Moncrieft'e, for a claim on the State for two hundred and thirty
pounds, with one half of the interest, to be calculated thereon from the
time his claim was presented to the commissioners of accounts to be resi.^-
tered, a sum not exceeding one thousand five hundred dollars.
OF SOUTH CAROLINA. 593
Jobn Rabb, the sum of thirty dolhirs, and interest thereon from the sev- A- 1>- 1806.
enth day of September, one thousand eight liundred and one.
William Rabb, eighty-four dollars.
To James .raraison, as arrears of a pension due iiim, one liundred and
seventy-one dollars, forty-three and a fourth cents.
For repairs of the court house of Chester district, two hundred dollars.
III. And he it further enacted by the authority aforesaid. That the treasurer
of the lower division of the treasury, under the direction of the t"mptrollerj^*{J|[_ ™*j''"'"
general, and in his presence and in the presence of the Governor, Presi-
dent of the Senate, Speaker of the House of Representatives, and any
three of the Judges of the Courts of Law or Equity, or in the presence
of a majority of the persons above named, shall, as soon as convenient af-
ter the passing of this Act, cause ail the paper medium of this State, now
in the treasury, or that may be received previous to the next sitting of
the Legislature, provided the same shall not exceed the sum of two thou-
sand and sixty-one dollars, forty-three cents, to he burnt; and to report
to the Legislature the amount of the medium which may be burnt.
IV. And be it further enacted by the authority aforesaid. That tlie treasu-
rer, on receiving any monies from the tax collector, or any other person of ^j^"t^™Jg°
this State, shall give him or her two receipts for the same; and in case ccipts.
any treasurer shall neglect to furnish such person with two receipts as
aforesaid, he shall fiuf'eit and pay a sum not exceeding two hundred dol-
lars, nor less than fifiy dollars, to be recovered, in any court havino; juris-
diction thereof, by the comptroller general.
V. And he it further enacted hy the authority aforesaid, That the sum„ , . ,
n 1 1 1 1 1 11 I ■ 1 c 11. /. Salaries of two
oi twelve nundreo dollars he appropriated tor the salaries of two luiors iu the
tutors in the South Carolina College. college.
For John C. Mikell, forthis sum paid by him into the treasury as a fine,
which has been remitted by resolve of the Legislature, one bundled dol-
lars.
William Fairy, of Orangeburgh district, the sum of one hundred and
fifty dollars.
For the Rev. Mr. Reid, for performing divine service during the session
of the Legislature, one hundred dollars.
For the payment of registered claims, by virtue of an Act entitled " An
act to raise suppliesfor the year 1S06," two thousand nine hundred and eigh-
ty-three dollars fifty-nine cents ; also the sum of two hundred and fourteen
dollars twenty-eight cents, granted on the petition of Thomas W. Bacot,
as attorney of James Warrington ; and also the sum of one hundred and
fifteen dollars, granted on the petition of Thomas Blackwood, executor of
Andrew Vos, deceased ; amounting in the whole to the sum of three thou-
sand three hundred and thirteen dollars eighty-seven cents, with one half
of the interest calculated thereon to the time of payiug the same.
For the purchase of an additional quantity of gun-powder, five thousand
dollars; to remain subject to the Governor's draught, he reporting to the
Legislature his disbursements or applications thereof.
VL And he it further enacted by the authority aforesaid. That .so much Part of a
of an Act entitled " An Act lo entitle several persons therein mentioned f'"''"'^'' Act
to receive from the treasury certain sums therein specified, as pensioners," '■''l^'''''''''-
passed the twentieth of December, one thous.ind eight hundred, as relates
to Paul Smith and John Pillock, Jr., be, and the same is hereby, repealed.
Vn. And he itfurthtr enacted by the authority aforesaid. That so much
of the Act entitled "An Act to make appropriations for the year one thou- Luxemburg
sand eight hundred and seven," as authorized the payment of the balance '^'^''"•
of the liquidated debt on the Luxemburg claim, to such person as shall at
VOL. v.— 7.=.
594 STATUTES AT LAI7GE
A. U. 1809. fjjg ,;,.,^, iip payrne,,!^ iip_ |i, ,!,(. opinion of tlie attorney-general, the law-
ful and regular administrator of the estate of the Prince of Luxemburg,
according to tlie laws of this State, provided the same shall not be paid
before the first of March, be, and the same is hereby, repealed ; and that
the af.in-said balance he kept and remain in the treasury of this State.
To Ephraim M'Bride, to be advanced to him on the conditions contain-
ed in a lesolution of this branch of the legislature, to enable him to con-
struct a spinning machine on the principles mentioned in a patent he holds
from the United States, one thousand dollars.
For the repairs of Laurens court house and gaol, a sum not exceeding
five hundred dollars.
To Daniel and Jacob J. Faust, for reprinting the laws fiom one thousand
seven hundred and ninety-one, to one thousand eight hundred and four,
both inclusive, one thousand five hundred and forty-eight dollars and fifty
cents, including the expense of paper and binding the books.
In tde Senate House, the se%-enteentli day of December, in the year of our Lord one thou-
sand eight hundred and eight, and thirty-third year of the ."Sovereignty ami Fude-
pendence of the United States of America.
SAMUEL warren; President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representattves.
No. lOo."!. AN AOT to legalize the drawing of the Grand Jurors for Charleston :
and for other purposes theren mentioned.
(Passed December 10, 1809. Sec last voiuiw.)
No. 1936. .,4A' ACT for thr appoktionment ok tme Reprrsentai io\ ^mum; int-
sEVERM. Districts of this State.
WHEREAS, it has been found expedient to amend the third, seventh
and ninth sections of the first article of the constitution, and to establish a
Preamble certain rule for the future representation of the several districts of the
State, in the General Assembly thereof; and whereas, an Act for the
above purposes entitled " An Act to alter the representation of tliis State,"
was duly passed arid finally ratified, on the seventeenth day of Deccmbei',
in the year of our Lord one thousand eight hundred and eight :
L Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That each and every of the several election dis-
tricts in this State shall, at tlie next and all future elections, until a new
Si!or't1oned'."'°^PP'"'''0"'"'""' "^ ''^"^ repiesentation be tnadc by a future legislature, re-
spectively elect the following number of representatives, to wit : Charles-
ton, including St. Philip's and St. Michael's, sixteen representatives ;
Christ Church, one representative ; St. .John, Berkley, three rejnesenta-
tivcs ; St. Andrew's, one repiesentative ; St. George, Dorchester, one
OF SOUTH CAROLINA. 595
representative; St. James, Goose-crefk, one representative ; St. Thomas A.D. I8119.
and St. Dennis, one representative ; St. Paul, two representatives ; ^t. ^^^"'^''^'"-^
Bartliolomews, four representatives; St. James, Santee, two representa-
tives ; St. John, Colleton, two representatives ; St. Stephen's, one repre-
sentative ; St. Helena, two representatives; St. Luke, two representa-
tives ; Prince William, two representatives : St. Peter, two rej)iesenta-
tives ; All Saints, including its ancient boundaries, one representative ;
AVinyaw, not including any part of All Saints, four representatives ; Kings-
tnn, not incliidiiis: an}' part of All Suints, one representative ; Williams-
burgh, two representatives ; Liberty, three representative.^ ; Warlhorough,
two representatives ; Chesteifield, one representative ; Darlinglrjn, two
representatives ; York, three representatives ; Chester, three representa-
tives ; Fairfield, four representatives; Richland, two representatives ; Lan-
caster, two representatives ; Kershaw, two representatives ; Claremont,
three representatives ; Clarendon, two representatises ; Abbeville, five
representatives ; Edgefield, six representatives ; Xew'beriy, fuui repre-
sentatives ; Laurens, four representatives ; Union, three representatives ;
Spartan, four representatives ; Greenville, four representatives ; Pendle-
ton, si.K representatives : St. Matthew's, one representative ; Orange, two
representatives; Winton, three representatives; and Saxegotha, two
representatives.
H. And be it farther enacted by the authority aforesaid, That in con-
formity to the provisions of the Act aforesaid to alter the representation ^
of this State, the seats of those senatoi-s who under the constitution shall ^^n^'or*-
represent two or more election districts, on the day preceding the second
Monday of Octobei-, which will be in the year one thousand eioht hun-
dred and ten, shall be vacated on that day ; and that each and every of the
said election districts heretofore jointly represented by 6ne or more sena-
tors, shall, at the ensuing election to be hnlden on the second Monday and
Tuesday of October, which will be in the year one thousand eight hundred
and ten, and for ever after, at such times and in such manner as is provi-
ded by the constitution, elect one senator, as fiUovvs: Winyaw, one sen-
ator; Williamsburgh, one senatoi ; Liberty, one senator ; Kingston, one
senator ; Marlborough, one senator ; Chesterfield, one senator ; Darling-
ton, one senator ; Fairfield, one senator ; Richland, one senator : Chester,
one senator ; Lancaster, one senator; Kershaw, one senator ; Claremont,
one senator ; Clarendon, one senator; St. Matthew, one senator; and
Orange, one senator.
[Ill the Senate House, the nineteeuth da^' of December, in liie year of our Lord one thou-
sand eight hundred and nine, and the thirty-fourth year of the Sovereignty and
Independence of the United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives
AN ACT to priivide for the more easy and expeditious administration No. 1937.
of Justice ill the Courts of this State.
(Passed December 19, 1809. See last volume.)
STATUTES AT LARGE
No. 1938. AN ACT to alter and amend " An Act to incorporate Charleston," by
an equal division of Wards ; and directing the representation thereof
in City Council to be apportioned on the principle of population and
taxation ; and for other purposes therein mentioned.
(Passed December 19, ISOO. See last volume.)
No. 1939. AN ACT ro diminish tiii; cost ok the ATroKNiEs, Clehks a>d
SlIERirFS, 1\ Cli.fTAIN CASKS AT LAW THEKEI.N .MK.NTIONKD.
I. Be it enacted, by the honorable the Senate and House of Representa-
tive.% now met and sitting in General Assembly, and by the authority of
Cost3 reduced, the same, That from and after the passing of this Act, the cost of all and
every suit at law, upon contract, be the same liquidated or on open ac-
count, which shall be brought and commenced within the summary juris-
diction of the couit of common pleas in this Slate, and which suit shall be
for a demand of not more than fifty dollars, shall be no more than one half
of the sum or sums heretofoie allowed by law to the attornies, clerks and
sheriffs respectively; any law, usage or custom to the contrary thereof
notwithstanding.
II. And he it further enacted, That no person whatever shall be obliged
Bill of costs to or liable to pay the cost allowed by this .Act, unless a fair account, contain-
be made out. j^^^ ^jj j|^g items of such cost, shall have been duly taxed and certified by
the clerk of the district, when demanded, wherein the suit has been insti-
tuted upon which such cost have accrued.
III. And he it further enacted. That if any person shall take or receive
Penalty on any higher or greater cost than are allowed by this Act in such cases, such
over charge, person shall forfeit and pay, for every such off'ence, the sum of fifty dol-
lars, to be recovered in any couit of record in this State ; one half thereof
to go the party aggrieved, and the other half to the State.
Tn tlic Senate House, the nineteenth day of December, in the year of our Lord one
thousand eight hundred and nine, and in the thirty-fourth yenrof the Independence of
the United States of America.
SAMUEL WARREN, President uf the Senate.
JOSEPH ALSTON, Sj>eaker of the House of Representatives.
No. 1940. AN ACT to amend and explain the Militia Laws of this .'^tate.
(Passed December 19, 1S09. See fast r-n/ui/ie.)
OF SOUTH CAROLINA.
AN ACT to authorize the City Council of Charleston to erect and No. 1941.
build, within the enclosure of the city burial ground, lying without
the city, on the borders of Ashley river, a substantial brick maga-
zine, for the storing of gunpowder.
(Passed December 19, 1S09. See last vnlume.)
AN ACT to incorporate the several Societies therein mentioned ; and No. 1942.
for other purposes.
(Passed December 19, 1809. See last vuluinc.)
AN ACT to PREVtNT INDIVIDUALS Bt'ILDIKG OR EUECTLNG HOUSES OR No. 1943.
OTHIR BUILDIXGS ON THE PUBLIC SQUARES, WHEREON THE GAOLS AND
COURT-UOUSES IN THE SKVEKAL DISTRICTS ARE ERECTKD ; AND FOR
OTHER PURPOSI S THEREIN MENTIONED.
T. Be it enacted, by the hi.norable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same. That if any person or persons shall hereafter erect, or cause to
be erected, any dwelling-house, out-house, or other building, or shall
erect, or cause to be erected, any kind of fence, wall or paling, of any
kind, on any public lot or square above described, or who may hereafter
hold, occupy or use any house, oul-house, or other building, heretofore
erected on such square or lot, he, she or they shall, for every such
offence, upon being thereof legally convicted by indictment, be fined in
a sum not less than one hundred dollars, nor more than one thousand
dollars. Piovided nevertheless, that the gaolers of the respective districts,
who reside in the gaols, shall not be subject to such penalty for erecting or
using any such buildings or fences for their private accommodation ; and
provided, that any person who has heretofore erected any such building
or fence, shall not be subject to such penalty, provided he or she shall
remove the same within six months from and after the passing of this
Act.
In the Senate House, the nineteeulh day of December, in the year of our Lord one thou-
sand eight hundred and nine, and in the thirty-fourth year of the Sovereignty and
Independence of the United Stales of America,
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Rejiiesentatires.
STATUTES AT LARGE
No. 1944. AN ACT to amend an Act entitled " An Act lo prevent the spread-
ing of Contagious Distempers in the State," and also "An Act to amend
the law respecting Quarantines."
I. Tie it enacted, by the honorable the Senate and House of Rep-
resentatives, now met in General Assembly, and by the authority of
the same, That the officer or officers who may be entrusted with the ex-
ecution of the quarantine laws, be, and they are hereby, authorized and
directed, in case of a violation, or an attempt to viobite any, of the said laws,
to board, by force of arms, any vessel used in such violation or attempt to
violate, and to detain her and her crew and passengers ; and that the pen-
alty for a breach of any of the (piarantine laws shall not be less than one
hundred dollars, nor more than two thousand dollars ; any law to the con-
trary notwithstanding.
II. And he it enacted by the authority aforesaid, That each and every
pilot who shall bring, or attempt to bring, into any port in this State, any
vessel, or the whole or any part of her crew, beyond the places appointed
for her examination, without being examined agreeably to law, shall, in
addition to the penalty of one hundred pounds sterling, to which he is
subject by an Act of Assembly passed the twenty-sixth day of March, in
the year one thousand seven hundred and eighty-four, be deprived of his
branch as a pilot.
III. And he it further enacted by tiie authority aforesaid, That any vessel
which shall be restrained under quarantine law, shall attempt to violate
the same, may be fired upon and detained by force of arms.
In the Senate House, the nineteenih day of D«ct;aii>er, in the year of cm- Lord one tliousand
eight hundred and nine, and in the thirty -fourth year of the Independence of the
United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representat ires.
No. 1945. AN ACT to appoint certain commissioneks for running the line
BETWEEN the PaRISIIRS rF S r. JaMES, GoOSE-CREEK, AND St. GeoRGE,
Dorchester.
WHEREAS, the inhabitants of the upper part of the parish of St.
Preamble. James, Goose-creek, and St. George's, Dorchester, are subjected to many
inconveniencies from the division line between the said parishes not being
fully ascertained and established :
I. Brf it therefore enacted, by tlie Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority
of the same. That Klisha Mallard, James Dehay, George Keckly,
Commissioners James R. Steward, David Rumph, senior, and Jeremiah Russell, be, and
they are hereby appointed, commissioners for running the division lino
between the parishes of St. James, Goose-creek, and St. George, Dor-
chester; and the said commissioners, or a majority of them, shall proceed
OF SOUTH CAROLINA. 599
to run the said line, beginning attbe corner of the lower line of the parish A.D. 1809.
of St. George, and the upper Hue of St. Andrew's parish, where it inter- ^--'•'"v"^".^
sects with the line of St. James parish, Goose-creek ; from thence a direct
northwest course, until it strikes the Four-hole swamp ; after which the
said commissioners, or a majority of them, are authorized and empowered
to establish the channel of the said Four-hole swamp the remaining part of
the boundary line between the said parishes of St. James, Goose-creek,
and St. George's, Dorchester. And that they, the said comrnissiimers, are
hereby vested with full power and authority to employ one or more sur-
veyors, not exceeding three, as they shall judge necessary, for lunning the
aforesaid boundary and dividing line ; and to allow the said surveyor or
surveyors such compensation for his or their services as the said commis-
sioners, or a majority of them, shall deem adequate for their services, not
exceeding three dolhirs per day each.
II. And he it further enaeted by the authority aforesaid, That the com-
missioners hereby appointed shall proceed forthwith in the business com-
mitted to thera ; and they are hereby directed, when the same shall be
completed, to make a full report thereof to the legislatuie; and shall lodge
an accurate survey of said line in the Secretary of State's office, in ordei
that the same may be placed on record.
Ill the Senate House, the nineteenth day of December, in the yearofour Lord one thousand
eiffht hundred and nine, and in the thirty-fourth y.-ar of the Independ-^nre of tlie
United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON Speaker of the House of Representatives.
AX ACT to incorporate the Presbyterian Church in the Pari.sh of St. No. 1946.
I'hilip's and State of South Carolina.
(Passed December 19, 1809. See last rohniie.)
AN ACT TO PROHIBIT THK SAI.F, OP SpiRITUOtiS LiQUOUS, OR OTHt^R No. 1947.
ARTICLES, AT OR NiAll THR PLACES ASSIGNED FOR DIVINE WORSHIP.
I. Be it enacted, by the Senate and House of Representatives, now
met and sitting in General Assembly, and by the authority of the same.
That no person or persons shall hereafter retail, sell or otherwise dispose
of, any spirituous or other intoxicating liquors, within one mile of any
churcli, meeting-house, or other place set apart for the worship of Almighty
God, on the day or days of worship, under the penalty of fifty dollars, to
be recovered, by action of debt or indictment, in any court having juris-
diction thereof, the money to be applied to the use of the poor of the parish
or district in which such act shall be committed. Provided nevertheless,
that this Act shall not be considered to interfere with or affect the rights
of persons who may reside within one mile of such place of worship, and
600 STATUTES AT LARGE
A. 0.1809. who may be licensed to retail such liquors according to law, so as to pre
^.^^^'^''^•^ vent their retailing at their own houses.
II. Be if. enacted by the authority aforesaid, That from and immediately
after the passing of this Act it shall not be lawful for the City Counc;l of
Charleston to require, on licenses to retail spirituous liquors, any other or
greater tax than sixty dollars.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eiglit hundred and nine, and in the thirty-fourth year of the Sovereignty and
Independence of the United States of America
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Uepresentatires.
No 1948. AN ACTto ArrHouizE William Aikins, formerly Shkimff of York
County, to make titlis to a certain tract of land purchased
BY Joseph Lef.ch at Shkriff's sale.
WHEREAS, Joseph Leech, by his petition to the Legislature, has
represented, that at a sale made by William Aikens, sheriff of York coun-
ty, in the year of our Lord one thousand seven hundred and eighty-nine,
he became the purchaser of a tract of four hundred acres of land, lying in
York county, on both sides of Turkey creek, sold as the property or es-
tate of David Leech, by virtue of an execution against the said David
Leech, and that the said William Aikins neglected to make and execute
titles therefor while in office.
I. Be it therefore enacted,, by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the authori-
ty of the same, That the said William Aikins, late sheriff of York county,
shall be, and he is hereby, authoiized and empowered to make and execute
to the said Joseph Leech, gnod and sufficient titles for a tiactof four hun-
dred acres of land, situate in tlie late county of York, on both sides of
Turkey creek; which said tract of land was sold by the said William
Aikens, as shetiff of York county, as the estate of David Leech, by virtue
of an execution in his hands, against thesaid David Leech, in favor of Bnr-
iiett, and purchased at such sale by the said Joseph Leech ; which title so
to be made shall bear date from the time of the sale of the said land by
the said William Aikins, as sheriff, to the said Joseph Leech.
In the Senate House, llie iiinctocnt
1 dav
of Deep
ndier, in the
year o
fourl
ord o
ic thot
sand eiglit hundred and nine, ar
.1 in t
le Ihirt.
fourth year
of the
Indcpo
ndenr
eof 11
United States of Amcricn.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
AN ACT TO EMPowF.R Captain Gkorge Gracb and oTH^;Bs, in the No. 1949.
District of Greenville, to establish a Lottery to uaise money
FOR the purpose OF BUILDING A HOUSE FOR PUBLIC WORSHIP J AND TO
KMPOWER THE VESTRY AND WARDENS OP THP; EPISCOPAL ChURCH IN
Georgetown, Winyaw, to establish a Lottery for the purpose
OF REPAIRING THE EPISCOPAL ChURCH IN GEORGETOWN, WiNYAW.
WHEREAS, Sunday inhabitants of Greenville district have petitioned
the Legislature for permission and authority to establish a lottery to raise preamble,
money for the purpose of building a house for public worship ; and where-
as, any encouragement to morals and the promotion of religion always
conduces to the benefit of a State :
1. Be it therefore enacted, by the honoraV)lethe Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same, That Captain George Grace, Colonel Reuben Nash, Captain i^'"'®'y..'J\
Micajah Berry, Humphrey Cublj, and William Downs, Esq., shall have
full power and authority, and they are hereby fully authorized and em-
powered, to erect and proceed to the drawing, and finally to conclude, a lot-
tery, for the purpose of building a house for public worship, in the district
of Greenville : Provided they do not, by the said lottery, raise a fund ex-
ceeding six hundred dollars.
IL Whereas, the vestry and wardens of the Episcopal church of George-
town, Winyaw, praying to be empowered to draw a lottery or lotteries for In Georgetown,
the purpose of repairing their church ; Be it therefore enacted, by the au-
thority aforesaid, That the vestry and wardens of the Episcopal church of
Georgetown, Winyaw, or a majority of them, shall have full power and
authority, and they are hereby fully authorized and empowered, to erect
and to proceed to the drawing of one or more lotteries, for the use and
benefit of said institution : Provided, that the nett proceeds do not exceed
the sum of five thousand dollars.
In the SenatG House, the nineteenth clay of December, in the year of our Lord one thou-
sand eight hundred and nine, and in the thirty-fourth year of the Independence of
the United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaher of the House of Representatives.
AN ACT to incorporate the Mount Pleasant Academy, in the parish No. 1950.
of Christ Church, and to enable the trustees to recover a legacy for
the education of the poor children of the said parish.
('Passed December 19, 1809. See last volume.)
AN ACT to establish certain Roads, Bridges and Ferries, therein No. 1951.
mentioned.
(Passed December 19, 1809. See last volume.)
VOL. v.— 76.
STATUTES AT LARGE
No. 1952. AN ACT authorizing the president and trustees of the second Pres-
byterian Churcli of the city and suburbs of Charleston, to raise in
aid of their funds for the building of a church, a sum of money by
way of lottery.
(Passed December 19, 1S09. Sec last volume.)
No. 1953. AN ACT to grant permission to the Honorable Joseph Brevard
TO licave the Statu of South Carolina for threk months, bk-
twken the first of May and the first of October, in the year
1810, or ISll.
I'reainble. WHEREAS, the honorable Joseph Brevard, one of the associate judg-
es, hath requested leave of absence from the State of South Carolina :
I. Be it therefore ejiacted, by the honorable the Senate and House of
J. Brevard to Representatives, now met and sitting in General Assembly, and by the
leave the State mjji^,,^:(y of the same. That the said Joseph Brevard shall, and is hereby
authorized to, leave and absent himself from the State for the term of
three months, at any time between the first day of May and the first day
of October, anno domini one thousand eight hundred and ten, or one thou-
sand eight hundred and eleven ; the said term of three months to be com-
puted from the day of his departure ; any law, usage or custom to the con-
trary thereof, notwithstanding.
In the Senate House, the nineteenth day of December, in the ye&r of our Lord one thou-
sand eight hundred and nine, and the tliirty-fourtli year of the Independence of the
United Stales of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Rejiresentalivcs.
No. 1954. AN ACT to regulate thi: place or places for holding g:\erai
elections for Members op the Legislature, in the lliction
districts in this State, a\'d for repealing all Acts relativf.
thereto.
I. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same. That from and immediately after the passing of this Act, the
place or places of holding the general elections in each election district,
for a member or members to serve in either branch of the Legislature,
shall be fixed by a joint resolution of the Senate and House of Represen-
OF SOUTH CAROLINA.
tatives; any law, usage or custom to the contrary tlioie if, m any wisi',
notwithstanding.
In the Senate House, the nineteenth day of Deceniher, in the year oronr Lord one lliuilsanJ
ei^ht hundred aud nine, and the thirty-fourth year ut' the Sovereignty and Inde-
])endence of the United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Rejjrescntat.iis.
A.D. iP.na.
AN ACT TO F,ST.\BLTSH A WAREHOUSE AND INSPECTION FOR ToBACCO, No. 1955.
AND FOR THE RECEPTION OF CoTTON AND OTUEP. PRODl'CK, ON THE
LANDS OF Aaron Ferui l, on Toocaloo Rivi:k, in thi; District
OF Pendleton; and for other purposes.
\. Be it enacted, hy the honmahle the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority
of the same. That an inspection and warehouse for the insj)eLtion and re-
ception of tobacio, and for the reception and storing of cotton and other ,^^(5^^ ^^j
produce, shall be established and erected on the lands of Aaron Ferrel, warehouse es-
near Mullen's foid, on Toogaioo river, iu the district of Pendleton, as soon J2 '^ , °"
as conveniently may be after the passing of this Act ; which, in as far as the
same relates to tobacco, shall be subject to all regidations and restrictions
and conditions mentioned, set forth and expressed, in and by an Act of the
Legislature entitled " An Act for regulating the inspection and e.xporta-
tion of tobacco," passed the thirteenth day of May, one thousand seven
hundred aud eightj'-nine : Provided, that the expense of erecting and
keeping in repair the said inspection, be at the cost and charge of the per-
sons interested in the same.
IL And be it further tnactedhy the authority aforesaid. That James Wood,
Alexander Kilpatric, John Varner, David Peu, Wrn. W. Cochran, John Commissioners
Harrison and Aaron Ferrel, shall be, and are hereby appointed, commis- ^l^l™'"""*'
sioners to fix upon the most convenient place at or near Mullen's ford, on
Toogaioo river, for the said inspection and warehouse. Aud that the said
conimissioners, or a majority of them, shall have power to choose inspec-
tors for the warehouse, and to make such regulatiiuis respecting tobacco as
are prescribed by law ; and also such regulations as they, or a majority of
them, shall deem expedient and necessary, with regard to the receiving and
storing of cotton and other jiroduce : Provided the rates of storage to be
taken and received at said warehouse shall not exceed the rates of storage
at present taken and received at the warehouse established at Anderson-
ville.
HL And he it enacted by the authority aforesaid. That an inspection and
warehouse for the inspection of tobacco, and for the storing of cotton and Inspection of
other produce, shall be established and erected at or near the old fnrt, on '°oJ'|n^''oy^ot
the land of Henry Buich, on Krewee river, in the district of Pendleton, ton on Kceweo
as soon as conveniently may be after the passing of this Act, which, in as "^^''•
far as relates to tobacco, shall be subject to all regulations, restrictions
and conditions, mentioned, set ftirth and expressed in an Act of the Le-
gislature entitled " An Act for regulating the inspection and exportation of
tobacco," passed the thirteenth day of March, one thousand seven hundred
and eighty-nine.
604 STATUTES AT LARGE
A.I). ifiPO. IV. And he it further enacted hy xhe ^nXho\\\.y aforesaid, That Micajali
„^"^^'"!""^^ Clark, William Hardai'e anJ William M'Farlaiiil, shall be, and are hereby
Commissionors - , . . ^ ^ , . ' *^
appointed. appointed, commissioners to nx upon the most convenient place at or near
the old fort, on the land of Henry Burch, on Koevvee river, for the said in-
spection and warehouse ; and that the said commissioners, or a majority
of them, shall have power to choose inspectors foi' the said warehouse, and
to make such additional regulations to those prescribed by the aforesaid
Act, as they, or a majority of them, shall deem expedient and necessary.
V. And be it enacted^ by the authority aforesaid, That the said cimimis-
emm^ereTt" sioners, or a majority of them, shall be, and they are hereby empowered,
regulate the to make such regulations respecting the receiving and storing of cotton
BtoriDg ol to- and other produce, as they may think fit.
' ' VI. And he it further enacted by the authority aforesaid, That Friday
Comtnissioners ^'"'^l^u''' Henry E. Muller and Nicholas Hane, be, and they are hereby ap-
for Granby. pointed, commissioners for the tobacco inspection at the warehouse in the
town of Granby.
In the Senate House, Ihe nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and nine, and in the thirty-fourth year of the Sovereignly and
Independence of the United States of America,
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the Hwise of Representatives,
No. 1956. AN ACT to change a>d alter the name of Charles Richardson,
OF Claremont County, in Sumter District, to that of Charles
Rich.
WHEREAS, Charles Richardson, of Claremont county, in Sumter
district, in the State of South Carolina, hath presented his petition to the
General Assembly of the said State, praying to have his paternal name of
Richardson altered, and changed to the name of Rich, agreeably to the
request of his father, William Richardson, deceased :
1. Be it therefore enacted, by the honorable the Senate and members
of the House of Representatives, now sitting in General Assembly, and by
the authority of the same. That the paternal name of the said Charles Rich-
ardson shall be, and is hereby, changed and altered to the name of Rich ;
and that the said Charles Richardson shall hereafter be known and con-
sidered in law and equity, and in all other proceedings, by the name of
Charles Rich, and by no other name whatever ; and that his descendants,
issue and posteiity, shall bear and have the name of Rich, instead of Rich-
ardson.
IL And be it further enacted. That this Act shall be considered and
holden a public Act, and noticed and regarded as such, without special
pleading.
In the Senate House, the nineteenth day of December, in the year of our Lord one
thousand eight hundred and nine, and in tlie thirty-fourth year of tlie Independence
of tlie United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Sj>eahrr of the House of Rejiresentatives.
OF SOUTH CAROLINA.
AN ACT TO PERMIT WiLMAM GoUDON TO PRACTISE LaW. No. 1957.
I. Be it enacted, by the honorable the Senate and House of Repiesen-
tatives, now met and silting in General Assembly, and by the authority of
the same, That the said William Gordon shall be permitted, from and after
the passing of this Act, and that he is hereby enabled, authorized and
empowered, to practise and plead law in the several courts of law and
equity, as an attorney and solicitor in this State ; any law, usage or cus-
tom to the contrary, notwithstanding.
In the Senate House, the- -nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and nine, and the thirty-fourth year of the Sovereignty and In-
dependence of the United States of America.
SAMUEL WARREN, President of t7ic Senate.
JOSEPH ALSTON, SjJcaA-er of the House of Representatives.
AN ACT to alter and amend an Act entitled " Act to incorporate the No. 195S.
Society commonly called and known by the name of the Fellowship
Society," passed the 23d day of August, 17&9.
(Passed December 19, 1809. See last volume.)
AN ACT to establish a Company for the inland navigation from Sam- No. 1959.
pit into Santee, and from Santee into Cooper or Wando River.
(Passed December 19, 1809. See last volume.)
AN ACT TO RAISF, SUPPLIES FOR THE YEAR ONE THOUSAND EIGHT HUN- No. I960.
DRED AND NINE ; AND FOR OTHER PURPOSES THEREIN MENTIONED.
L Be it enacted, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same. That a tax, for the sums and in the manner hereinafter men-
tioned, shall be raised, and paid into the public treasury of this State, and
for the use and service thereof.
H. And be it enacted by the authority aforesaid, That fifteen
cents per centum ad valorem be paid in specie or paper medium on all Rate of taxa-
lands granted within this State, under the several regulations heiein- •""•<"' '*'"^^'
after mentioned. Class No. 1 shall contain all tide swamp of the first
quality, not generally affected by the salts or freshes, which shall be rated
at twenty-six dollars per acre ; all tide swamp of the second quality.
606 STATUTES AT LARC4E
A. D. 1809. not generally affectei! by the salts or freshes, vvlncli shall be rated at
^-''"^^'^^^ seventeen dollars per acre; all tide swamp of the third quality, not gen-
erally affected by the salts or fieshes, which shall be rated at eight and one
half dollars per acre; all pine barren lands adjoining such swamps, or con-
tiguous thereto with respect to the benefit of water carriage, which shall
be rated at two dollars per acre ; all prime inland swamp, cultivated and
uncultivated, which shall be rated at an average of thirteen dollars per
acre ; all inland swamp of the second quality, which shall be rated at eight
and one half dollars per acre ; all inland swamp of the third quality, which
shall be rated at f(jur dollars per acre; pint; banvn lands, adjoining or
contin-uous tiiereto, which shall be rated at one dollar per acre; and all
salt marsh, or inland swamp, clearly proved to the collectors to be incapa-
ble of immediate cultivation, which shall be rated at one dollar per acre.
Class No. 2 shall comprehend all high river swamps and low grounds,
cultivated and uncultivated, including such as are commonly called second
low grounds, lying above the flow of the tides, and as high up the coun-
try as Snow Hill on Savannah river, and the fork of Broad and Saluda rivers
on the Congaree, Graves's Ford on the Wateree, and the boundary line on
Pedee ; the first quality to be i ated at thirteen dollars per acre ; the second
quality at eight and one half dollars per acre ; the third quality at four
dollars per acre ; e.xcepting such as may be clearly proved to the collec-
tors to be incapable of immediate cultivation, which shall be assessed at
one dollar per acre. Class No. 3 shall comprehend all high river swamps
and low grounds lying above Snow Hill, and the fork of Broad and Saluda
rivers, Graves's Ford on the Watei'ee, and the old Indian boundary line,
which shall be rated at three dollars jjer acre. Class No. 4 shall comprehend
all high lands without the limits of St. Philip's and St. JSIichael's parishes,
within twenty miles of Charleston, and on John's Island and James's
Island, which shall be rated at four dollars per acre. Class No. n shall
comprehend all lands lying on the Sea islands, (Slann's island included,)
or lying on or contiguous to the seashore, usually cultivated, or capable of
cultivation, in coi'n, cotton or indigo, not within the limits prescribed in class
No. 4, which shall be rated at four dollars per acre. Class No. 6 shall com-
prehend all oak and hickory high lands lying below Snow Hill and the fork
of Broad and Saluda rivers, Graves'.s Ford, and the new boundary line f<n
Pedee, and not included in the limits or description of the two preccd-
insr classes, numbers 4 and 5, which shall be rated at three dollars per acre.
Class No. 7 shall include all pine barren lands not included in classes
numbered 1, 4 and 5, which shall be rated at twenty cents per acre. Class
No. S shall comprehend all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first quali-
ty of which shall berated at one dollar and one half dollar per acre; and the
second quality at one dollar per acre ; and the third quality at forty cents
per acre. Class No. 9 shall comprehend all oak and hickory lands
above the old Indian boundary line, the first quality of which shall be rated
at one dollar and twenty cents per acre ; the second quality at sixty cents
per acre; and the third (juality at twenty cents per acre. Class No. 10
shall include all lands witiiin the parishes of St. Philip's and St. Michael's,
which shall be assessed in the same manner and ujion the same principles as
houses and lots in Charleston, and in a relative proportion to lands in the
country.
III. And he it. enacted by the authority aforesaid. That thirty-five cents
Rate of taxino-P^"^ head shall be levied upon slaves, of all ages and descriptions; and
slaves, &c. "the sum of two dollars per head upon all free negroes, mulattoes, and
mestizoes, (excejit such as shall be clearly proved to the collector to be
OF SOUTH CAROLINA. 607
incapable, from mnims or otherwise, of providing tlieir livelitiooJ,) between ■*■"• '^^S-
the ages of fifteen and fifty ; and fifteen cents ad valorum on every hundred ^^^^^^^^"-^
dollars of the value of all lands and lots and buildings within any city, vil-
lage, or borough ; and thirty-five cents per centum on all stock in trade, fac-
torage, employments, faculties and professions, (clergymen, schoolmasters,
schoolmistresses and mechanics excepted,) — to be ascertained and rated
by the assessors and collectors throughout the State, according to the best
of their knowledge and information ; to be paid in paper medium or specie.
IV. And he il enacted by the authority aforesaid. That all negroes
and other slaves who are employed on any lands leased by any person or
persons of the Cataw-ba Indians, shall be, and they are hereby made, lia- Slaves employ-
ble to the payment of this tax. But nothing in this Act contained shall be?'' "." '"'''"n
construed to impose anj' tax upon the proj)eriy of the estate of any religious
society, or the South Carolina Society, the Winy aw Indigo Society, or the
Fellowship Society, or of the estate of the late Doctor De la Howe, devi-
sed for charitable purposes, and that part of the estate of the late Thomas
Wadsworth which wns devised for the establishment of a school, or the Clar-
endon, or the High Hills of Santee, or the Camden Orphan Societies, or Exceptions.
the Columbia Academy, or the lands and funds owned by the Free School
of Dorchester, the public lands held by the corporation of Charleston, or
of the lands and funds of any society applicable to education or the main-
tenance of public schools ; but that no houses owned or elected on the
same by any private individuals, shall be exempted fiom paying taxes
thereon, according to their full value, to be rated by the assessor or asses-
sors in the respective collection districts.
V. And he it furtJier enacted hy \he aMXhonly aforesaid. That every person
entitled to any taxable property or estate in this State, who resides with-
out tlie limits of the United States, shall, for the use of this State, pay a Ahsenti-es
triple tax on the same. But this clause shall not be construed to extend ^^ '
to the property of any person sent, or hereafter to be sent, abroad in the
employment of this State or of the United States, until one year after the
expiration or determination of his commission ; or to the property of any
person now absent from the United States, unless such person has been
absent for one year.
VI. And he it enacted by the authority aforesaid. That the tax col-
lectors throughout this State receive no payment of taxes but in gold
or silver coin made current in this State, the paper medium issued under .' '',''?" ^°
the authority of the Legislature, bank paper ledeeraable in the first in- taxes.
stance in gold and silver at the bank of the LTnited States, the branch
bank thereof in Charleston, the bank of South Carolina, the State Bank,
or certain certificates for the pay of the members of the Legislature, or
the Solicitors, for their attendance on the Legislature.
VII. And he it enacted by the authority aforesaid. That each and every
enquirer and assessor and collector shall, on their enquiry for their return
of taxes of this State for the year one thousand eiglit hundred and nine, pro'pe™ty°to be
administer the following oath to all such persons as shall be liable to pay made on oath,
any of said taxes, viz: "I, A B, do solemnly swear (oi affirm, as the case
may be) that the account which I now give in is a just and true account of
the quality and quantity of the lands, and the number of slaves, on the
first day of October, one thousand eight hundred and nine, in any man-
ner whatsoever, which 1 am possessed of, interested in, or entitled to,
either in my own right or in the right of any other person whomsoever,
either as guardian, executor, agent, attorney, trustee, or in any man-
ner whatsoever, according to the best of my knowledge and belief; and
that I will give a just and true answer, according to the best of my knowl-
60S STATUTES AT LARGE
A. U. 1309. edge, to all such questions as shall be asked me touching the same; and
^~^'~^'''^^ this I swear without any kind of equivocation or mental reservation
„ whatsoever." And upon the principal sum or sums of money at in-
Tax on money . ..r.. c t • i • n -i ii i.
nt interest. terest, the interest of which is actually received, over and above what
each person pays on account of interest, the said assessor, enquirer or col-
lector, or assessors, enquirers or collectors, to whom the same shall be
returned, shall assess the sum of twelve and a half cents on every hundred
dollars which shall have produced an interest of seven per cent., and a
proportionable sum on all other sums of money drawing less or more than
seven per cent; to be recoveied in like manner, in case of default, as the
collectors are authorized by law heretofore to do on their returns of lands
or slaves.
VIII. And he it enacted by the authority aforesaid. That in case any
Property not person or persons shall neglect to make a return of his, her or their monies
returned. producing interest as aforesaid, they shall be liable to suffer the same
forfeitures and pay the same penalties as are authorized by law in case of
their refusing or neglecting to make a return of his, her or their lands or
slaves.
IX. And he it enacted by the authority aforesaid. That the instal-
Tiine of pay- ments OH the paper medium which shall be due on the first VVednes-
per medium. ' "^^.y in March next, shall not be required to be paid as directed by an Act
entitled " An Act for raising supplies for the year one thousand seven
hundred and ninety-four," but shall be paid on the first Wednesday in
March, which will be in the year one thousand eight hundred and
eleven. Provided, that no person shall be entitled to the benefit of this
clause who shall not give additional security to the treasurer in Charleston,
in all cases where he is not fully satisfied of the sufficiency of the former
security, and in all cases where default has been made in paying what has
heretofore been due, or which may be made in paying the interest to grow
due on the first day of March next.
X. And be it enacted by the authority aforesaid. That the commis-
Copies of this sioners of the treasury shall be, and they are hereby, required to furnish
Act to be fur- copies of this Act, and of I he Act supplementary to an Act entitled " An
Act for declaring the powers and duties of the enquirers, assessors and
collectors of the taxes, and of other persons concerned therein," to each of
the collectors appointed by law throughout this State, within one month
after the passing of this Act, and their reasonable expenses occasioned
thereby shall be reimbursed.
XI. And be it enacted by the authority aforesaid. That the Comp-
Sale of lands troller be, and he is hereby, required to postpone making sale of all
postponed. lands directed to be sold by the twenty-third clause of an Act entitled " An
Act supplementary to an Act entitled an Act for declaring the powers and
duties of the enquirers, assessors and collectors of the taxes, and of other
persons concerned therein," until the first day of January, one thousand
eight hundred and eleven.
XII. And he it enacted by the authority aforesaid. That from and
Times for ma- after the passing of this Act, all persons liable to pay any taxes hereafter
kingreuims ^^y i,g imposed by any law of this State, shall, on or before the first day of
and paymg t;, , ' . i i ... , ^ /• u
taxes. l^ebruaryin each and every year, give in a just and true return ot all
slaves, and of the quantity and quality of all lands, and monies at interest, as
may be directed and required by the said laws, which they may hold or be
entitled unto, in his,herortheirown right, or the right of any other jierson or
persons whomsoever, either as guardian, trustee, attorney, ageiK, executor,
administrator, or otherwise howsoever ; and shall, on or before the first day
of May ensuing, pay their taxes to the collector of that collection district
OP SOUTH CAROLINA. C09
where the party making such return, eitlier by himself, hia or her family, A. L). 1809.
may reside the greater part of the year. And that the said assessors and ^-«^"^''''»^
collectors shall annually pay the same, and settle their accounts with the
treasurer, on the first day of June next ensuing, so far as relates to the tax
collectors of the lower division of the treasury.
XIII. And whereas, sundry borrowers of the paper medium loan have
not paid the interest due on the sums borrowed by them, and sales have been Mortgnged
r c 1 1 1 1 1 -1 1 11 lands bduent
made oi the lands mortgaged to secure the said loan, and tlie treasurers ;„ (,„ account
have bought in the said lands foi defect of bidders, and the same remain ol' 'he State lo
as the property of the State, uupioductive ; and in other cases the properly "^ '^^ ' •
so sold has been purchased in by the mortgagors and others, who have
not complied with the terms or conditions of the said sales; Beit t/tercfo/e
enacted by the authority aforesaid. That the tieasurers aforesaid shall be,
and they are hereby, authorized and directed to cause all the lands
bought in as aforesaid on account of the State, and all lands purchased
in by the mortoagers or other persons whomsoever who have not complied
with the conditions of former sales of the said property, to be jiut up to
sale, in the different districts in which they severally lie, by ihesherift's of the
said districts, on a public sale day, after giving three months notice thereof,
and shall sell the same to the highest bidder, who shall pay one fourth
of the purchase money in cash, and the remaining three fourths in one and
two years ; for the performance of which he shall give his bond and a
mortgage of the premises, and also personal security, to be approved by
the sheriff' and three commissioners, residing in such district, to be nom-
inated by the treasurer. Provided, no sale of the mortgaged lands shall „ ^,-
take place when any person interested in the same shall, previously to the
day of sale, tender one third part of the sum due, together with the
expenses incurred.
XIV. And be it enacted by the autliority aforesaid. That on all sales
made in pursuance of the next preceding clause, and under the authority I'*"'"'' of'i'oh
thereof, the purchaser shall, immediately after the said propeity shall be''''
knocked off to him, pay into the hands of the sheriff" making the said sale
a sum which shall at least be equal to ten per cent, upon the amount of
his purchase, towards the payment thereof; and if he should fail or ne-
glect to make such payment, the sheriff shall immediately set up the same
property for public sale, upon the spot ; and shall not, upon such re-sale,
or any other sale of the same property made by virtue of this Act, receive
the bid of the first purchaser or his agent. And that the sheriff shall, in all
his advertisements of the property sold by virtue of this Act, on account of
the paper medium loan, give notice that he will require the payment of
the said ten per cent. ; to the end that no persons inclined to purchase at
the said sales may be ignorant thereof.
XV. And be it furtlur enacted by the authority aforesaid. That if any
purchaser, after paying the percentage aforesaid, shall fail or neglect to Forfeiture on
comply with the terras of the sale, all money so paid shall be forfeited "j".- '^°'"" ,
to the State ; and shall be applied first to pay the costs and charges accrued t'he't'era"s' of
or due upon the said sale, and the surplus, if any, shall be paid into the'*"'^h sales.
treasury of this State, in aid of the revenue thereof
XVI. Andbe it farther enacted by the authority aforesaid, That if any
person shall at any re-sale made by the sheriff" on account of the first or-rpr,,,^ ^f ^^■^^
any former purchaser having failed or neglected to pay the percentage when lands
aforesaid, or to comply with the terms and conditions of the sale, such pur. are re-sold,
chaser shall himself be bound by his purchase, and shall comply with this act,
and the terms and conditions of such re-sale, and shall not be allowed to
say, set up, or pretend, that he bought the same as agent for the first or any
VOL. v.— 77.
eiO STATUTES AT LARGE
A. M.i;;nn. formei purcliaser. Provideil always, that it shall be jniblicly proclaimed
v.^"^/"*.^ by the (u-ier at such sale, that the same was to be on account and risque
of the first or some former purchaser; and that the conditions and terms of
the sale shall, in like manner, be proclaimed by him immediately before the
property is set up.
X Vll. A7id he it enacted by the authority aforesaid, That in case of any
DefaiiUers liu- re-ggie made under the authority of the preceding clauses of this Act, on ac-
deficientyby Count or by reason of the non-payment of the ten per cent, hereby lequired
Biich sales. to be paid, or on account of the non-compliance with the conditions and
terms herein before prescribed, the person or persons for whose default the
said re-sale shall be made, shall be, and he, she and they is and are hereby de-
clared, liable for any deficiency which may happen between the first and any
other subsequent sale of the said property ; and the tieasurers are hereby
authorized and directed to commence suits for the recovery of any such
deficiency.
XVIII. And be it further enacted by the authority aforesaid. That it shall
Poor tax. be the duty of tiie tax collectors of this State to make, on the first Monday
in September next, to the commissioners of the poor, in the parish or dis-
trict in which any poor tax shall be by the said tax collectors respectively
collected, a return of such poor tax, in like manner as they make re-
turns of the public tax to the treasurers of this State. And it shall
also be the duty of the said tax collectors to make a duplicate return to
the comptroller general of the amount of the tax so collected and paid to
the commissioneis.
XIX. And be ?> e«fflcif<^ by the authority aforesaid, That the comptrol-
TranRient Jer general be, and he is hereby, required and directed annually to call
^haHestfin "" '^e treasurer of the City Council of Charleston to render an ac-
count on oath to him of the application of such monies as are appro-
priated for the support of the transient poor, and for other purposes ; and
that the account so rendered be laid before the Ijegislature.
XX. And be it enacted by the authority aforesaid, That the several
Tax collpctors f jjjj collectors in each fiscal division of the State shall exhibit, in some
eny Ivin? in column of his return, the number of acres of land lying within their re-
other divisions, gpe^tive divisions, and the number of acres lying elsewhere, and for which
are paid thern^^ taxes shall he paid them ; in like mamier they shall exhibit in other columns
the number of negroes within their respective divisions, and of those else-
where, and where, on which taxes shall be paid them; and in other separate
columns exhibit the amount of taxes in their respective divisions, on every
different article taxed by law ; and the treasurers of each division, and the
comptroller, shall preserve these columns in their aggregate of taxes to be
laid before the next Assembly.
XXI. And be it enacted by the authority aforesaid. That the inhabitants
Taxes in the in the fork of Ediato shall henceforth pay their taxes to the tax-collector
fork of Edisto. ^^ Orange Parish, whose power and authority shall hereafter extend
throughout the fork, up to the lower line of Edgefield distiict.
XXII. And^ he it enacted by the authority aforesaid. That the tax collec-
tor for the parishes of >St. Philip's and St. Michael's, Charleston, shall, on
Return tn bn the first Monday in the months of April, May and June, in each and eveiy
made by lax year, make the following return to the treasurer of the lower division,
cnljpciors. -, ^^ A. B., do solemnly swear (or afiirm) that the sum of dol-
lars, by me now paid, is all the inoney which 1 have received on account
of the general tax, since my last return." And on the first Monday in .Inly,
in each and every year, the said tax collector foi- St. Philip's and St. Mi-
chael's, Charleston, and for each and every tax collector in the u]iper division
of the treasury of this State, and on the first Monday in .Tune, in each and
OF SOUTH CAltOJvlNA. Oil
every year, each and every tax collector in the lower division uf the trea- ■*■ "-'^u^-
sury of this State, shall completely and finally close their several and respec- '■-^'''^''^^
live returns, by paying over the full balance which may have been received
by them, producing to the treasurer of the said upper and lower divi-
sions of the treasury of this State, respectively, the sheriff's receipts for
all executions lodged by them against defaulters ; and if the sheiilf's re-
ceipts, so produced, shall not satisfactorily account for the full balance due
on the said return, then, and in such case, the treasurers in each division
respectively shall be, and they are hereby, directed to enforce the means
pointed out by the Act entitled "An Act declaring the duties and powers
of the enquirers and assessors of the taxes, and other persons concerned
therein," passed in the year of our Lord one thousand seven hundred and
eighty-eight. And the said several tax collectors, upon closing their said
returns, shall respectively take the following oath or affirmation, to wit :
" I, A. B., do solemnly swear (or affirm) that the return I now make is a oatli lo bi»
just and true return of all the taxable property made for the collection dis- taken by the
trict of , and that the sum of dollars, by rae now paid, isthe*^" ""■
whole of the monies I have received f'lr the general taxes of the said district,
since my last return ;" which oath or affirmation the treasurer shall im-
pose, and cause to be endorsed on the said return.
XXIII. And he -it enacted by the authority aforesaid, That the comp-
troller general be, and he is hereby, required and directed, annually to call Commissioners
on the several boards of cornniissiimers of public buildings, and boards of JJj^^jj gi'ij j„.' "
commissioners for clearing, opening and rendering navigable the seve- land navigation
ral rivers and creeks in this State, to render an account to hira, on oath, \? ""^"""^t '•'
,. , ,..,,, . • 1 <- 1 ' the ComptroJ.
ot the application oi such monies as are appropriated tor the erection ler.
of public buildings, or the clearing, opening and rendering navigable the
rivers and creeks of this State; and the accounts so rendered shall be laid
before the legislature.
XXIV. Atid he it further enacted by the authority aforesaid. That it shall _ . .
1 .., 1 . f. ^i_ ■ ■ S ... J ..I • - x-Commissionera
be the duty ot the commissioners or the poor, and the commissioners oi ^f ,[,p pm,^ 3^,^
the roads, in the several districts and parishes within this State, by their "f the roads to
secretary or treasurei', to render on oath to the clerks of the circuit courts ^f"^^"'"}"
in their respective districts, on or before the first JMonday in Septem- courts.
ber in every year, a correct account of all monies received by them, and
the manner in which the same have been applied ; and it shall be the duty
of the clerks of the said courts respectively, to transmit certified copies
thereof to the comptroller-general, to be by him laid before the Legisla-
ture, And in case the said commissioners shall fail to make their returns
as required aforesaid, they shall respectively, as a board, forfeit and pay
the sum of one hundred dollars ; and the clerks of the respective courts
shall, on failure of making the aforesaid returns, also forfeit and pay the
sum of one hundred dollars ; the aforesaid penalties, to be recovered, in
any court of law having competent jurisdiction, by action of debt.
XXV. And he it further enacted by the authority aforesaid, That it shall
be the duty of the attorney-general, and each of the solicitors of the dif-^'.'"'^",^^'?^?'®'
c • '• -r I 11 1 I /> 1 ^ ral and sohci-
terent circuits, to certify to the comptroller-general, on or before the first tors to aecouni
Monday in October in every year, the fines and forfeitures which have been '° iliecomp-
had or inflicted by the courts upon his circuit, within the year next piece-'™ ^'^'
ding the day aforesaid ; and that it shall be the duty of each of the clerks
of the several circuit court districts, to return to the c(jmptroller-genera],
on or before the same day in every year, an account, upon oath, of all the
fines and forfeitures which have been inflicted, had, or received within his
district court, of the manner how appropriated or remitted, and to pay
over to the treasurer of the State the balance in hands on that day ; that in
C12 STATUTES AT LARGE
A.n. 1809. gjjgg qJ- |_1j|^ failuie of any clerk to render such account, he shall fuifeit and
'^-'^~^''^'^ pay the sum of two hundred dollars, to be recovered in any court having
competent jurisdiction ; and it shall he the duty of the comptroller to direct
the attorney-general or solicitors, as the case may be, to sue for and
recover the aforesaid sum, of such clerk as shall fail to render such
account.
XXVI. And be it further enacted by the authority aforesaid, That should
Penalty for noi the said attomey-genei al and solicitors not perform the duty requiitd in
said I "I't'v" ^^'^ aforesaid clause, they shall be subject to a penalty of one hundred
dollars, to be recovered in any court of law having competent juris-
diction.
XX VII. And he it further enacted hy the authority aforesaid. That the
Comptroller to j.Q,y,pt,.Q||g|..gp,jg,.a] [jg^ g,^(] j,g jg hereby, directed to stay proceedings
in^s against against George Robertson, as executor of William Robertson, Daniel Du-
certain persons bose and Richard Winn ; Provided, the said George Robertson, as execu-
tor of William Robertson, Dubose and Winn, shall give full and ample
security for the ])ayment of the amount of the judgments against thera.
And provided als >, this indulgence be not so construed as to destroy the
lien of the executions already issued against the property of the said
George Robertson, as executor to William Robertson, Dubose and Winn;
and that the comptroller be, and he is hereby, authorized to extend the
same indulgence granted to the persons above named to Hugh Milling and
Gasper Trotti, and all the securities of Daniel D'Oyley.
XXVIII. Be it further enacted^ by tlie authority aforesaid, That so much
Vendue tax of the Ordinances and Acts of this State as direct and declare tliat a duty
■ or tax shall be levied and collected on sales at vendue, shall be, and the
same are hereby, repealed.
XXIX. And he it further enacted by the authority aforesaid, That the
Ciiy Council City Council of Charleston bi% and it is hereby, authorized and emnower-
to lew a lax • "^ , ^
on safes at ed to levy and impose any duty or tax they may think fit and jiroper, on
vendue. sales at vendue within the oor[)orate limits of the said city of Charleston ;
provided nevertheless, the said duty or tax be not imposed or levied on any
sales of such property as has heretofore been exemj^ted from said duty or
tax.
XXX. And he it fiirt/icr rnartrd by the authority aforesaid. That no
Tax on billiard P^''^^" heieafter shall be permitted to keep a public billiard table in the
tables in town of Columbia, unless such person shall have obtained a license from
Columbia. jjj^ intendant and wardens of the said town, and shall have paid the sum
of five hundred dollars, to the said intendant and wardens, for the use of
the said town ; and every person or persons presuming to keep a public
billiard table, before he, she or they shall have obtained such license, and
shall have ]>aid the said sum of five hundred dollars, every such person,
being thereof convicted, shall forfeit and pay the sum of two thousand dol-
lars, to be recovered in any court of record in this State.
XXXI. And he it further enacted by the authority aforesaid. That from
Fine on foreign and after the first day of February next, any person or persons underwri-
vmt'in^o-'any'^'^' '■i"? ''"y policy of insurance in this State, as the agent or agents of any
policy of insu- foreign insurance company, shall forfeit the sum of five hundred dollars
ranee in this j|||. g^,gpy policy so effected ; and any citizen or citizens of this State, ef-
fecting a policy of insurance on property within this State, with any insu-
rance corayjany out of the limits of the United States, shall forfeit the sum
of one thousand dollars for every such offence ; which sum shall be recov-
ered in any court within this State having competent jurisdiction, one half
to the use of the State, and the other half to the use of the informer:
OF SOUTH CAROLINA. G13
ProvideJ, nothing herein contained shall be constiued to extend to marine A.D. IRoa.
insurances or mercantile adventures. v.-^-v>«i.-'
In the Senate House, the nineteenth day of December, in the year of our Lord one tiiousand
eight hundred and nine, and in the thirty-fourth year of tlio Sovereignty and Inde-
pendence of the United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Re^trescntatiijes.
AN ACT ro MAKE ApPliOPRIATIONS FOR THE VHAU ONE THOUSAND EIGHT No. 1961.
HUNUKED AND NINE.
\. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same. That the following sums be respectively appropriated for the Appropriations
salaries ofptiblic officers, and other expenses and purposes of government.
For the salary uf the Governor, two thousand five hundred and seventy-
two dollars.
For the salary of the Secretary of the Governor, four hundred and thir-
ty dollars.
For the salaries of six Judges of the courts of common pleas, each
two thousand five hundred and seventy two dollars — in the whole, fifteen
thousand four hundred and thirty-two dollars.
For the salaries of five Judges of the Court of Equity, eleven thousand
five hundred and seventy-six dollars.
For the salary of the Attorney General, for giving advice to the Gover-
nor and other public officers, in matters of public concern, as a full re-
compense for the discharge of all public duties incident to his office, as
Attorney General, one thousand dollais.
For the salaries of four Circuit Solicitors, each, in lieu of all charges
against the State, for the perfiirmance of every public duty appertaining to
their respective offices, each five hundred dollars — in the whole, two thou-
sand dollars.
For the salary of the Comptroller-general, two thousand five hundred
dollars.
For the salaiies of the Comptroller-general's clerks, and the stationary
requisite for his office, one thousand and six hundred dollars.
For the salary of the Treasurer of Charleston, as Treasurer, and for
transacting the business of the Loan Office, and Clerks, two thousand six
hundred and fifty-eight dollars.
For the salary of the Treasurer in Columbia, including clerks, two
thousand dollars.
For the salary of the Clerk of the Senate, and the Clerk's salary of the
House of Representatives, each twelve hundred and thirty dollars ; in the
whole, two thousand four hundred and sixty dollars.
As a compensation for the Clerk of the Court at Columbia, one huntlred
and forty dollars.
As a compensation to the commissioner in equity, for bis attendance on
the appeal court in equity at Columbia, one hundred dollars.
As a compensation for the Glerk of the Court at Charleston, one hundred
and forty dollars.
614 STATUTES AT LARGE
A. I). 1809. As a compensation fur the Sheriff of Ricbland district, for attending the
^-^'"^'^^-^ Constitutional Court and tlie Court of Equity at Columbia, one hundred
dollars.
As a compensation for the Sheriff of Charleston district, for attending
the Constitutional Court at Charleston, fifty dollars.
For the keeper of the State House at Columbia, one hundred and
thirty dollars.
For the salary of the Adjutant General, fifteen hundred dollars.
For the salaries of nine Brigade Inspectors, each two hundred and six-
teen dollars — in the whole, one thousand nine hundred and forty-four
dollars.
As a compensation for the Arsenal keeper and powder receiver, in the
city of CharlestoiJ, three hundred dollars.
For the salary of the I'ort Physician of Charleston, for boat hire and all
other expenses appertaining to the said office, one thousand dollars.
As a compensation for the Arsenal keeper and powder receivers for
Abbeville, Camden, Georgetown and Beaufort, each fifty dollars — in the
whole, two hundred dollars.
For the contracts of the State Printer, a sum not exceeding one thou-
sand one hundred and fifty-eight dollars.
As a compensation foi the Pilot of the bar and haiiiour of Georgetown,
thrive hundred and twenty-three dollars.
As a compensation for the pilot of the bar and harbor of Beaufort, three
hundred and twenty-two dollars.
For Annuities, seven thousand dollars.
For the Transient Poor, payable to the City Council of Charleston, four
thousand two hundred and eighty dollars.
For the salary for die keeper of the Lazaretto of the port of Charles-
ton, five hundred dollars.
As a contingent fund subject to the Governor's draft, he submittin" an
annual account of the expenditure thereof, ten thousand dollars.
For the expenses of the Members of the Legislature at the present ses-
sion, and pay of the Solicitors for their attendance, thirteen thousand five
hundred dollars — if so much be necessary.
As compensation for two Doorkeepers to the Legislature, eac h two
hundred and sixteen dollars — in the whole, four hundred and thirty-two
dollars.
As a compensation for two Messengers, each two hundred and sixteen
dollars — in the whole, four hundred and thirty-two dollars ; to be paid at
the adjournment of the legislature.
For rent of the Governor's house at Columbia, two iiundred and fifty
dollars.
For aid in supporting the transient poor in Georgetown, the sum of
five hundred dollars, to be paid to the commissioners of the poor of
Prince Genrye, Winyaw, to be laid out and expended by them for the use
of the transient poor ; the said commissioners to publish annually, in the
Georgetown GazL'tte, the names of all such transient poor, and the sum laid
out for each, as may have been relieved by this fund ; an account on oath to
be returned to the comptroller, and by him submitted to the legislature.
For the discharge of the contingent expenses of the upper division, a
sura not exceeding five thousand dollars.
For the dlschaige of the contingent expenses of the lower division, a
sum not exceeding six thousand dollars.
IL Be it enacted by the authority aforesaid. That the several sums
OF SOUTH CAROLINA. 615
hereinafter stated, be appropriated for paying the several persons herein ^- ^- "^09.
named, to wit : ^-.^"^v-^,^
To Jacob Holland, eighty-five dollars, seventy-two cents.
To Andrew Young, twenty-one dollars, forty-three cents.
For Peter Smith, one hundred and sixty-two dollars, forty-one cents,
with interest.
For Dr. Jos. Kirkland, one hundred and forty-one dollars, being his ac^
count for medicine and attendance on the magazine guard, and prisoners
in the gaol of Charleston.
For John Buchanan, Richard Winn and others, nine hundred and fifty-
three dollars, fourteen cents, on acc(juut of bond given for county court-
house in Fairfield.
For Alexander Kincaid, two hundred and sixty-one dollars, sixty-seven
cents, being reimbursement of money paid for land sold under mortgage
to loan office, also costs of suit in defending the same ; said amount to be
paid on his re-conveying said land to the Slate, by good and sufficient title,
to be approved of by the comptroller.
For Julius Nichols, twenty-seven dollars.
For Samuel Dunlap, twenty-six dollars, seventeen cents, being amount
of account passed at the last session of the legislature.
For the repairs of the gaol of Lancaster district, two hundred and fifty
dollars. The commissioners of public buildings for said district, are au-
thorized to superintend said repairs.
For Francis Laffilly, one hundred and twenty-two dollars, forty-three
cents, for a negro executed.
For the deficiency in the appropriation of the last year, for the quota of
militia ordered on duty, five hundred dollars.
To Robert Hutchison, in behalf of sundiy persons for guarding the
gaol of Laurens district, twenty-five dollars, fifty cents.
in. And be it further enacted hy xhe authority aforesaid. That the pay
heremafter to be provided for the support and maintenance of the maga- Magazine
zine guard, shall be restricted to that of an officer, sergeant and six men ; ^"""^
and that the sum of two thousand two hundred dollars be appropriated
for the payment of the said guard, undei the direction of the comptroller
general.
For building a house or houses for the accommodation of the professors
of the South Carolina College, eight thousand dollars: the said sum to be
subject to the draft of the board of trustees.
IV. And he it further enacted by the authority aforesaid. That the
sum of one thousand four hundred dollars be, and the same is hereby, ap- „ . .
-, n ^ • r \ i -i-ii piii-- ^.Commissioners
propriatcd tor the repairs oi the court house \n Uhesterneld district; and appointed.
that Allen Chapman, William Powe, and Alexander Craig, be, and they
are hereby appointed, commissioners to contract for and superintend the
said repairs ; and that the sum of one thousand dollars be, and the same is
hereby, appropriated for the repairs of the court house and gaol in Beau-
fort district ; and that Col. John Cuthbert, Col. James M'Pherson and
Charles J. Jenkins be, and they are hereby appointed, commissioners to
superintend the same.
V. And be it enacted by the authority aforesaid. That the treasurer
of the lower division of the treasury, under the direction of the comptroller „ ,.
1 1 • 1 • 1-1 ^ I /-< '^-n • Paper medium
general, and in his presence and in the presence oi the tiovernor, Presi- to bebumt.
dent of the Senate, Speaker of the House of Representatives, and any
three of the Judges of the Courts of Law or Equity, or in the presence
of a majority of the persons above named, shall, as soon as convenient af-
ter the passing of this Act, cause all the j)aper medium of this State, now
616 STATUTES AT LARGE
A. U. 1809. in tlie treasury, or that maybe received previous to the next sitting of
^-^"^^'"*^ the Legislature, provided the same shall not exceed the sum of two thou- '
sand and sixty-one dollars, to be burnt; and to report to the Legislature
the amount of the medium which may be burnt.
VL And be it enacted by the authority aforesaid, That the treasurer
Treasurer to o" receiving any monies from the tax collector, or any other person of
give two re- this State, shall give him or her two receipts for the same; and in case
ceipts. j^jjy treasurer shall neglect to furnish such person with two receipts as
aforesaid, he shall forfeit and pay a sum hot exceeding two hundred dol-
lars, nor less than fifty dollars, to be recovered, in any court having juris-
diction thereof, by the comjjtroller general.
VIL And be it farther enacted by the authority aforesaid, That the sum
Salaries of two of twelve hundred dollars be appropriated for the salaries of two tutors
tutors in the in the South Carolina College.
college. ^Q defray the expenses incurred by running out the dividing lines be-
tween the districts of Kershaw and Fairfield, agreeably to an Act passed
the 19th of December, one thousand eight hundred and seven, thirty-four
dollars.
VIIL Be it enacted hy the authority aforesaid. That the sum of eighty
dollars be allowed William Knox, for a mare killed at the Congaree fort,
in the service of this country.
For Henry Richbourg, for an account audited by him, for which no
indent was issued, agreeable to a resolution of tlie legislature, passed at
their last session, for which no appropriation was then made by law, five
hundred and ninety-three dollars, twenty-five cents.
For the repairs of the gaol of Marlborough district, two hundred dollars.
For the repairs of tables and benches of the court house of Kershaw dis-
trict, forty dollars.
For the repairs of tables and benches of the court house of Colleton
district, forty dollars.
For the repairs of the gaol of Pendleton district, three hundred dollars.
For the repairs of the lazaretto at Charleston, sixteen hundred dollars.
For building a brick court house for the district of Abbeville, four
thousand dollars; the old court house to be sold, and the money to be
paid to the treasury : and that James Wardlaw, George Bowie, William
Leslie, John C. Calhoun and Joseph Black, be, and are hereby appointed,
commissioners to contract for and sujjierintend the building of the said
court house.
For repairing the court house in Charleston, five thousand dollars.
For repairing Sutiiter court house, three hundred dollars.
For the repairs of the court house and gaol of Laurens district, sixty
dollars.
To John Rosborough, the balance of account, one hundred and seventy
dollars and fifty-eight cents
To James and Klizabeth Kennedy, foi a negro executed, one hundred
and twenty-two dollars and forty-four cents.
To John Biid, for himself and as administrator of his brother, for servi-
ces during the war, six hundred and si.xty-five dollars, including interest
to the first day of January next.
To William Thompson, fifty-two dollars, the amount of a double tax paid
by him to the State, he having, before he was double taxed, paid his tax to
the collector of Spartanburgh district instead of York, through mistake.
IX. Be it enacted by the authority aforesaid. That John Praytor, Simon
Lee and David Buckhiilter, be placed on the pension list, and draw a pen-
sion each, from the first day of March, one thousand eight hundred and
eight.
OF SOUTH CAROLINA. 617
And that the sum of sixty dollars and fifty cents be, and the same is A. I). 1809.
hereby, appropriated to be paid to Captain John Hart ; and the sum of ^-^"-'"''—^
thirty-nine dollars, seventy-two cents, to James M'Gowen ; agreably to a
resolution of both houses, bearing date December the seventeenth, one
thousand eight hundred and eight.
J. B. Earle, for a negro executed, one hundred and twenty-two dollars,
forty-three cents.
Tim. Barton, ditto, one hundred and twenty-two dollars, forty-thiee
cents.
C. C. Ash, ditto, one hundred and twenty-two dollars, forty-three cents.
Leonard Dozier, do. one hundred and twenty-two dollars, forty-three
cents.
Richard Gains, do. one hundred and twenty-two dollars, forty-three cents.
John Rose, do. one hundred and twenty-two dollars, forty-three cents.
Joseph Woods, sheriff of Darlington, balance of account, forty-two dol-
lars, three cents.
Thomas Tuckett, for a negro executed, one hundred and twenty-two
dollars, forty-three cents.
For the amount of a judgment obtained against Richard Winn and
others, late justices of Fairfield county, founded on a bond given by thein
for building the court house of Fairfield county, nine hundred and fifty-
three dnllars, and fourteen cents.
For Job Henderson, four hundred and forty-one dollars, twenty-five
cents.
For the trustees of Ann Buyck, conformably to the resolution of the le-
gislature, fourteen thousand six hundred and nineteen dollars, fifty-eight
nts.
For John Moncrief, three hundred and thirteen dollars.
For William Thompson, fifty-two dollars, thirty-five cents.
For James and Elizabeth Kennedy, one hundred and twenty-two dol-
lars, forty-three cents.
For the executors of Anthony Toomer, six hundred and twenty-one
dollars, fifty cents.
As a compensation to D. & J. J. Faust, for printing extracts of the jour-
nals of the senate, two hundred and fifty dollars.
To William Smith, for a negro executed, one hundred and twenty-two
i-oUars, forty-four cents.
In the Senate House, the nineteenth tlay of December, in the yearof our Lord one thou-
sand eight hundred and nine, and in tlie tliirty-fourth year of the Sovereignty and
Independence of the United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Sjieaker of tlie House of Representatives.
IN ACT TO ALTER AND AMEND AN AcT ENTITLED "AnActforregula- No. 1962
ting the inspection, and exportation of Tobacco; and for other purposes
therein tnentionedT
WHEREAS, great loss and injury frequently accrues to the citizens of
his State from the present mode of in.specting tobacco, inasmuch if the
VOL. v.— 7S.
618 STATUTES AT LARGE
A. D. 1810. same be not of die first quality, it is condemned to be burnt by the inspec-
^-^"^'"^^^ tor ; for remedy whereof,
I. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same, That where any hogshead or parcel of tobacco shall be brought
to any public tobacco inspection or warehouse for view, on inspection the
inspector or inspectors shall cause the same to be classed, accoi ding to the
qualities thereof; that is to say, the first, second and third quality ; and shall
weigh, receive and give a note for the same, accoiding to quality of the tobac-
co and class to which it belongs ; and shall not cause or condemn any
tobacco to be burnt or destroyed.
II. And he it further enacted. That so much of the Act for regulating
the inspection and exportation of tobacco, and for other purposes therein
mentioned, passed the thirteenth day of March, one thousand seven hun-
dred and eighty-nine, as is repugnant to this Act, be, and the same is here-
by, repealed.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and ten, and in the thirty-lifth year of the Independence of the i
United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Sjicaker of tJte House of Representatives.
No, 1963. AN ACT to lessen the securitv required to be given bv the
Commissioners of Locations.
WHEREAS, the sum at present required by law to be given by the
commissioners of locations, as security for the performance of the duties
of their office, is unreasonably large :
L Be it enacted,, by the honorable the Senate and House of Representa-
tives, now met and sitting in Gener;d Assembly, and by the authority of
the same. That from and after the passing of this Act the commissioners
of locations who may be hereafter appointed in the respective districts in
this State, shall give bond to the treasurer in the sum of one thousand
dollars, with two sureties in the sum of five hundred dollars each, for the
faithful performance of the duties of their office, instead of the sum at
present required by law.
In tlie Senate House, tlie ninteenth day of December, in the year of our Lord one thousand
eight hundred and ten, and in the thirty-fifth year of the Independence of the United
States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Rejnesentatives.
i
No. 1964. AN ACT to incorporate the Union Bank of South Carolina.
(Passed December 19, 1810. See last volume.)
OF SOUTH CAROLINA.
'AN ACT TO DKFINE AND ESTABLISH THE COMPENSATION WHICH SHERIFFS No. 1965.
SHALL IN FUTLIRE KRCEIVE FOR DIETING NkUROES CONFINED IN GaoI ;
AND FOR OTHER PURPOSIS THEHEIN MENTIONED.
I. Be it enacted, by the honorable the Senate and House of Representa-
ives, now met and sitting in General Assembly, and by the authority of
;he same, That for each negro confined and dieted in any gaol of this
"state, twenty-five cents per diem shall be allowed to the sheriff who shall
Jiave charge thereof, in lieu of all other claims on the part of the said
sheriff, for such detention and dieting.
n. And be itfurlher enacted by the authority aforesaid, That from and
ramediately after the passing of this Act it shall be the duty of the sheriffs
Df the several districts in this State, and they are enjoined and required,
,0 advertise in the Carolina Gazettes, in Charleston, all such negroes as
'ire in their custody, once in every week for three months ; and on failure
hereof shall forfeit such compensation for dieting and detention as they
would otherwise by this Act be entitled to receive,
in. Aud he it further enacted by the authority 'aforesaid. That if any sheriff
ihall in future hire out, or permit any negro who may be in his custody to
JO or be without the walls of the gaol of such district of which he is sheriff,
shall, for every such oflence, being thereof convicted, be fined a sum not
ess than one hundred dollars, nor more than two hundred dollars ; any
aw, usage or custom to the contrary hereof notwithstanding.
In the Senate Honse, the tweniiotli day of Decemhcr, in the year of our Lord one thou-
sand eight hundred and ten, and the tliirty-fifth year of the Sovereignty and In-
dependence of the tinited States of America.
SAMUEL WARREN, President of the Senate.
JOHN G EDDES, Speaker of the House of Representatives.
^n act to authorize the board op directors of the south no. 1966.
CaroliiNa Homespun Company to establish a lottery or lotteries
FOR THE BENI'.FIT OP THE SAID COMPANY.
WHEREAS, it has been represented by the president and directors of
;he South Carolina Homespun Company, that permission to raise, by one
»r more lotteries, a sum of money, would greatly aid the said company in
;he completion of their views, agreeably to the intention of their charter:
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
luthority of the same. That the said board of directors of the South Caro-
lina Homespun Company is hereby empowered and authorized to establish
md proceed to draw, and finally conclude, one or more lottery or lotteries,
i>r the purpose aforesaid. Provided, there shall not be raised, by means
hereof, a sum exceeding eighteen thousand dollars.
In the Senate House, tlie nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and ten, and in the thirty-fifth year of the Sovereignty and
Independence of the L'nited States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatives.
STATUTES AT LARGE
No. 1967. AN ACT to incotporate the Protestant Episcopal Society for the ad-
vancement of Christianity in >South Carolina.
(Passed December 19, 1810. See last volume.)
No. 1968. AN ACT authorizing the building of a Bridge over Cooper River, at'
Clement's Ferry.
(Passed December 19, 1810. See last volume.)
No. 1969. j4iV ^ CT" AurHOBizi.NG the Gaolers op Ch.^rleston, Williamsburg,
Marion and Horry Districts, to receivk and take charge op^
persons liable to be committed in Georgetown District; akd
FOR BUILDING A CtAOL IN THE ToWN OF GEORGETOWN.
1. Be it enacted, by the honorable the Senate and House of Representa-
Prisnnersin tives, now met and sitting in General Assembly, and by the authority of
Georgetown, the same. That in all cases where any person or persons shall be appre-
g^^'" ''^ "^""'bended and liable to be committed according to law in the district of
Georgetown, they and each of them shall and may be committed to the
gaol of either of the adjoining districts of Charleston, Williamsburg,
Marion, or Horry, until a gaol or proper place of confinement be built, and
put into a state fit for the reception of prisoners, in the district of George-
town; and the gaolers of each or either of the aforesaid districts of
Chaileston, Williamsburg, Marion and Horry, shall be, and are hereby,
authorized and bound to receive and take charge of such person or persons
apprehended and liable to be committed as aforesaid in the said district
of Georgetown ; and shall be, and are hereby, authorized to demand and
receive such fee or fees for the receiving and safe keeping of any person
or persons so apprehended, and liable to be committed in the said district
of Georgetown, as though the said person or persons had been apprehen-
ded and liable to be committed in either of the respective districts of
Charleston, Willianisburgb, Marion or Horry.
H. A)/d be itfurtlter enacted by the authority aforesaid. That it shall be
„ , the duty of the respective sherifl's of the districts of Charleston, Williams-
brought up for burgh, Marion and Horry, to deliver up to the sheriff" of Georgetown dis-
triaL trict, or to his regular deputy, on the order of the said sheriff", any person
so apprehended and confined in either of the respective gaols of the afore-
said districts, in order that the said prisoner may, by the said sheriff', be
brought up before the court for trial, or otherwise dealt with as the said
court of Georgetown district shall order and adjudge.
HI. And he it further enacted by the authority aforesaid, That a sum
ADDronriation ^°^ exceeding seven thousand dollars be, and is hereby, appropriated for
for building the building a good and sufficient gaol in the town of Georgetown ; and
goal in George- that Thomas Chapman, Savage Smith, John L. Wilson, John Shackelford
OF SOUTH CAROLINA. 621
and William Grant, be appointed commissioners, who, or a majority of ^- ^- 1^"^-
wliom, are hereby authorized and empowered to contract for and have ^'^"'^^"""^
built, under their immediate direction and superintendance, a substantial
gaol of brick; and from time to time to draw for and receive the whole,
or any part, of the aforesaid sura of seven thousand dollars, to be by them
appropriated, accordmg to their discretion, towards the building of the said
gaol in the town of Georgetown.
[n the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and ten, and in tlie thirty-fifth year of the Independence of tlie
United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Rejireseittatives.
AN ACT TO AUTHORIZE CERTAIN SOCIETIES TO UWSV. A SUM OF MONEY No. 1970.
BV Lottery ; and for other purposes therein mentioned.
WHEREAS, James Garvin the president, and Barnet H. Brown the sec-
retary,of the Savannah River Literary Society, in behalf of the said society, Preamble,
have petitioned for leave to raise a sum of money by lottery for the benefit
of the said society :
I. Be it therefore enacted, by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the authori- Lottery autho.
ty of the same. That James Garvin president, and Barnet H. Brown secre- rized (or the
tarv, and the members of the Savannah River Literary Society, and theii ^"J?""^" ^"^
11 •! 11 p ^ c^ Liiteiary
successors, as a body corporate m law, under the name oi the Savannah .Society.
Literary Society, shall have full power and authority, and they are hereby
fully authorized and empowered, to erect and proceed to the drawing and
finally to conclude a lottery, for the use and benefit of the said society :
Provided, they do not by the said lottery raise a sum exceeding two thou-
sand dollars ; and that Lewis S. Hay, Washington Bryan, Michael Brown,
William Black, and James R. Vince be, and they are hereby appointed,
commissioners to manage and conduct said lottery.
IL And whereas, John A. Cuthbert president, James Postell treasurer, , ,.
and John Riley secretary, of the Beaufort District Society, in behalf of the Beaufort,
said society, have petitioned the Legislature, praying to be permitted to
raise a sum of money by lottery, for the purpose of building a school in
the said district of Beaufoi-t ; Be it therefore enacted by the honorable the
Senate and House of Representatives, now met and sitting in General
Assembly, and by the authority of the sanie, That John A. Cuthbert the
president, James Postell treasurer, and John Riley secretary, of the Beau-
fort District Society, and their successors, as a body coiporate in law under
the name of the Beaufort District Society, shall have full power and au-
thority, and they are hereby fully authorized and empowered, to erect and
proceed to the drawing, and finally to conclude one or more lotteries, for
the purpose of building a school in Beaufort district : Provided, the sum
to be raised by the said lottery or lotteries do not exceed five thousand
dollars.
IIL Whereas, William Burnsides, Zachariah Bailey, James Memehan,
James Young and William Lowe, have by their petition set forth that
Thomas Wadsworth, late of Charleston, deceased, did by his last will and
testament order and direct that sundry tracts of land should be conveyed
622 STATUTES AT LARGE
A. D. 1810. by his executors to certain trustees, who slioulil further convey the said
^-^""^^"^^ liinds to any five persons who should be elected by the freemen residing in
Laurens district, in the lower batallion of the 9th regiment, aTid second bri-
gade of the upper division of said State, to be holden by sucii five per-
sons and their successors in trust for the purpose of raising a fund for the
annual support of a free school, to be situated within the bounds of said
batallion ; that the said lauds have lieen conveyed according to the direc-
tion of the testator, and a school house erected ; and that at an ehtction
held on the tenth day of March lS09,the said petitioners were returned duly
elected as trustees for the said purposes ; and praying that they may be
incorporated for the purpose of carrying fully into effect the execution of
Wadsworth- 'he aforesaid trust; Beit therefore enacted by the authority aforesaid. That
ville school in- the said petitioners, and their successors in office, appointed or elected, or
corporated. jg ^^^ appointed or elected, according to the form and manner to be pre-
scribed by the said petitioners, shall be, and they are hereby, incorporated
as a body politic and corporate, in deed and in law, by the name of the
trustees of the VVardsworthville poor school, for the purpose of carrying
into effect the aforesaid trust ; and shall have perpetual succession of offi-
cers and members ; and that they may have a common seal, with power to
change, alter and make new the same ; and by its corporate name to sue
and be sued, implead and be impleaded, answer and be answered unto,
in any court of law or equity in this State ; and to make rules and by-laws,
not repugnant or contrary to the laws of the land, as, for the good order
and proper government of the said corporation, may by them be thought
proper and necessary.
IV. A/id be it further enacted. That all lotteries which have been granted
during the present session of the Legislature, or which may hereafter be
granted, shall be, and are hereby declared to be, foifeited, unless the same
shall have been drawn and completed within the term of five years from
the date of the grant.
In the Senate House, the twentieth day of December, in the vear of our Lord one thou-
sand eight hundred and ten, and thirty-fifth year of the So\ereignty and Indepen-
dence of the United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Represcntativvs.
No. 1971, AN ACT to authorize the Intendant and Wardens of the City of
Charleston to widen Motte-street, and to open Kinlock's Court as a
street ; and for other purposes therein mentioned.
(Passed December 20, 1810. See last volume.)
No. 1972. AN ACT to incorporate the several Societies, and for otlier purposes
therein mentioned.
(Passed December 20, ISIO. See last volume.)
OF SOUTH CAROLINA.
^4A'' ACT TO REGULATR AND ASCEUTAIN THE RATES OF LANDING, STO- No. 1973,
RING AND WEIGHING OF PkODUCE IN THE ToWN OF GEORGETOWN;
AND FOR ABOLISHING THE INSPECTION OF CERTAIN ARTICLES THEREIN
MENTIONED IN CHARLESTON AND GEORGETOWN".
1. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority
of the same, That from and immediately after the passing of this Act the R^'^s of sto-
following rates and sums respectively shall be paid, and no greater shall be jng produce in
demanded or exacted by owners of wharves, or any other persons, for Georgetown,
wharfage, or for landing, weighing and storing any of the articles herein-
after mentioned, upon the wharves in Georgetown. For landing every
barrel of rice, four cents per barrel ; weighing every barrel of nee, six
cents per barrel; shipping every barrel of rice, four cents per barrel ; for
storing every barrel of rice, eigiit cents per week for the first and last
weeks, and four cents for each intermediate week. And for stoiing of half
barrels, half the price of whole barrels. For landing every bale or case of
cotton, four cents per bale or case ; for weighing every bale or case of cot-
ton, six cents per bale or case ; for shipping every bale or case of cotton,
four cents ; for storing every bale or case of cotton, eight cents per bale
or case, for the first and last weeks, and four cents per week for every
intermediate week. For landing every barrel of tar, pitch and turpentine
respectively, one cent; for shipping every barrel of tar, pitch and turpentine
respectively, one cent. For landing each and every hundred bushels of
corn, peas, potatoes, oats, wheat and rye respectively, thirty-one and a
quarter cents ; for storing of each and eveiy hundred bushels of corn, peas,
potatoes, oats, wheat and rye respectively, per week, thirty-one and a
quarter cents ; for shipping of ev(ay hundred bushels of corn, peas, pota-
toes, oats, wheat and rye respectively, thirty one and a quarter cents.
n. And be it further enactcdhy the authority aforesaid. That no greater
rates or sums respectively shall be paid, and no gi eater shall be demanded
or exacted, for the wharfage, landing, weighing, storing and shipping of
any articles not herein particularly named and mentioned, than are now or
may hereafter be by law required and demanded at Charleston for like ar-
ticles respectively.
IH. And be it further enactedhy the authority aforesaid, That from and
after the first day of January next, there shall be no inspection in Charles- ,
, „ ■' r 1 t 11 ^1 .• Inspection
ton and Georgetown, oi produce, naval stores, lumber, or any other arti- a(,oyigj,e(i.
cle (tobacco excepted,) brought to market from the interior country, unless
the person or persons so bringing to market and offering for sale any such
produce, naval stores, lumber, or any other articles as aforesaid, do con-
sent to the inspection thereof; in which case, the inspectors shall as here-
tofore receive such fees as are now established by law.
In the Senate House, the nineteenth day of December, in the year of our Lord one thon-
sand eight hundred and ten, and the thirty-fifth year of the Independence of the United
States of America.
SAMUEL WARREN, President of the Seriate.
JOHN GEDDES, Speaker of the House of Representatives.
STATUTES AT LARGE
No. 1974. -4iV ACT to increase the aumber of Justices of the Quorum and
Justices op the Peace, i.n several Distuicts in this State.
WHEREAS, it is expedient ainl necessary to increase tlie number of
Preamble, justices of tile quorum and of the peace, in several districts and parishes
in this State :
I. Be it therefore enacted, by the honorable the Senate and House of Rep-
«, . ,. resentatives, now met and sittina; in General Assembly, and bvthe authority
JNumber of jus- rr^i r- i • i i ,■ i • c i • « ,
tices of the of the same, Ihat from and immediately alter the passmg ot this Act, the
peace and quo- number of justices of the quorum and of the peace, in the several dis-
' tricts and parishes in this State hereafter mentioned, shall be increased in
manner following, that is to say :
For the parish St. Mathews, two Justices of the quorum and twojuslices
of the peace.
For Newberry district, two justices of the quorum.
For Chester district, one justice of the quorum.
For Edgefield district, two justices of the quorum and two justices of
the peace.
For Union district, three justices of the peace.
For St. Helena, two justices of the quorum and two justices of the
peace.
For Marion, two justices of the quorum and four justices of the peace.
For Pendleton, three justices of the quorum and three justices of the I
peace.
For St. George's, Dorchester, three justices of the cjuorum.
For Winy aw, three justices of the quorum and three justices of the j
peace.
For St. James, Santee, one justice of the quorum.
For York, two justices of the quorum.
For Barnwell, one justice of the quorum.
For the parishes of St. Philips and St. Michaels, Charleston district, five
justices of the quorum and five of the peace.
For the parish of St. James, Goose-creek, one justice of the quorum
and two justices of the peace.
For Fairfield district, one justice of the quorum and two justices of the
peace.
For Laurens district, one justice of the quorum and three of the peace.
For Darlington district, two justices of the quorum.
For the county of Orange, one justice of the quorum.
For Marlborough district, one justice of the quorum.
For the parish of St. Johns, Colleton, two justices of the quorum and
two justices of the peace.
For Kingston, four justices of the peace.
For Lexington, two justices of the quorum and two justices of the
peace.
n. Whereas, it has occured that many justices of the peace and quo-
rum in the different districts of this State, from miSappi'ehension of the law
directing the mode of taking the oaths of office, have taken the said oaths
of office before a justice of the peace or quorum only, instead of taking the
Oaih of office, same before two justices, one whereof being of the quorum, as rciiuiied by
law ; Be it tlierefurc enacted by the authority aforesaid. That the (lualifica-
tions nf the justices of the quorum and peace, who have taken the oath of
office before one justice of the quorum or peace only, shall be good and
OF SOUTH CAROLINA. 625
valid in law, for the time such justice of the quorum or peace shall have A.D. isio.
been appointed ; and that all the acts and proceedings of such justices of ^■^"'^'''^-^
the quorum and peace, shall be good and effectual in law, as if the said jus-
tices had been duly qualified according to the laws of this State.
III. Bf it enacted by the authority aforesaid. That the clerks of the
courts and notarys public, in their several districts of this State, shall be
justices of the quorum in all cases, except for the trial of small and mean
causes.
Ill the Senate House, the nineteenth of December, in the year of our Lord one thou-
sand eight hundred and ten, and in the thirty-fifth year of the Independence of llie
United States of America.
SAMUEL WARREN, President of the Senate'
JOHN GEDDES, Speaker of the House of Representatives.
AN ACT to incorporate the Planters and Mechanics Bank of South No. 1975.
Carolina.
(Passed December 19, ISIO. See last volume.)
AN ACT establishing a Court of Equity in and for the District of No. 1976.
Beaufort ; and for other purposes.
(Passed December 19, ISIO. See last volume.)
AN ACT to establish certain Roads, Bridges and Ferries ; and for No. 1977.
other purposes therein mentioned.
(Passed December 20, 1810. See last volmne.)
AN ACT TO RAISU SUPPLIES FOR THE YEAR ONE THOUSAND EIGHT HUN- No. 1978
DRED A>'D TEN ; AND FOR OTHER PUliPOSES THEREIN MENTIONED.
L Be it enacted, by tlie honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority Tax to be
of the same, That a tax, for the sums and in the manner hereinafter men- ''^'^^'^•
tioned, shall be raised, and paid into the public treasury of this State, and
for the use and service thereof.
VOL. v.— 79.
626 STATUTES AT LAKCiE
A.O.inio. II j^^j i^ it. further vnacted by tlie authority afuresn'nl, Thai tifti;eu
^~*''"^''""*'^ cents pel centuin ad vah)reni be paid in specie or paper nieJiura on all
., , lands granted within this State, under the several regulations heiein-
liuu oil lands, after mentioned. Class No. 1 shall contain all tide swamp of the first
cpiality, not generally affected by the salts or freshes, which shall be rated
at twenty-six dollars per acre ; all tide swamp of the second quci'ity,
not generally affected by the salts or freshes, which shall be rated at
seventeen dollars per acre; all tide swamp of the third cjnality, not gen-
erally affected by the salts or fieshes, which shall be rated at eight dollars
and fifty cents per acre ; all pine barren lands adjoining such swamps, or
contiguous thereto with respect to the benefit of water can-iage, which shall
be rati-d at two dollars per acre ; all prime inland swamp, cultivated and
uncullivateil, ■which shall be rated at an average of thirteen dollars per
acre ; all inland swamp of the second quality, which shall be rated at eight
dollais and fifty cents per acre ; all inland swamp of the third quality, which
shall be rated at fi:)ur dollars per acre ; pine barren lands, adjoining or
contiguous thereto, which shall be rated at one dollar per acre ; and all
salt marsh, or inland swamp, clearly proved to the collectors to be incapa-
ble of inniiediate cultivation, which shall be rated at one dollar per acre.
Class No. 2 shall comprehend all high river swamps and low grounds,
cultivated and uncultivated, including such as are commimly called second
low grounds, lying above the flow of the tides, and as high up the coun
try as Snow Hill on Savannah river, and the fork of Broad and Saluda rivers
on the Congaree, Graves's Ford on the Wateree, and the boundary line on
Pedee ; the first quality to be rated at thirteen dollars per acre ; the second
quality at eight dollars and fifty cents per acre ; the third quality at four
dollars per acre ; exceiiting such as may be clearly proved to the collec-
tors to be incapable of immediate cultivation, which shall be assessed at
one dollar per acre. Class No. 3 shall comprehend all high river swamps
and low grounds lying above Snow Hill, and the fork of Broad and Saluda
rivers, frraves's Ford on the Wateree, and the old Indian boundary line,
which sliall be rated at three dollars per acre. Class No. 4 shall coinpiohend
all high lands without the limits of St. I'hilip's and St. Michael's parishes,
within twenty miles of Charleston, and on John's Island and James's
Island, which shall be rated at four dollars per acre. Class No. •') shall
comprehend all lands lying on the Sea islands, (Slann's island included,)
or lying on or contiguous to the seashore, usually cultivated, oi capable of
cultivation, in corn, cotton m- indigo, not within the limits prescribed in class
No. 4, which shall be rated at four dollars per acre. Class No. 6 shall com-
prehend all oak and hickory high lands lying below Snow Hill and the fork
of Broad and Saluda rivers, Graves's Ford, and the new boundary line on
Pedee, and not included in the limits or description of the two preced-
ing classes, numbers 4 and 5, which shall be rated at three dollars per acre.
Class No. 7 shall include all pine barren lands not included in classes
numbered 1, 4 and 5, which shall be rated at twenty cents per acre. Class
No. S shall comprehend all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first quali-
ty of which shall be rated at one dollar and fifty cents per acre; and the
second quality at one dollar per acre ; and the third ijuality at forty cents
per acre. Class No. 9 shall comprehend all oak and hickory high lands
above the old Indian boundary line, the first quality of which shall be rated
at one dollar and tuenl y ceiils per acre ; the second quality at sixty cents
per acre; and llie third quality at twenty cents yiev acre. Class No. 10
shall includ*-' all lands witliin the parishes of St. Philip's and St. Michael's,
uhich shall be asse.!ised in the same manner and upon the same principles as
OF SOUTH CAROLINA. C-'T
houses and lots in Cliarleston, and in a relative propoition to lands in tlie A.». 1^10.
country. ^.^^>^-«««.'
III. And he it rnartcd hy the authority aforesaid, That thirty-five cents
per head shall he levied upon slaves, of all ages and descriptions ; and siayps, &c! °
the sum of two dollars per head upon all free negroes, mulattoes, and
mestizoes, (except such as shall be clearly proved to the collector to he
incapable, from nnimsor otherwise, of providing their livelihood,) hetwetfn
the ages of fifteen and fifty ; and fifteen cents ad valorum on eveiy hundred
dollars of the value of all lands and lots and buildings within any city, vil-
lage, or borough ; and thirty-five cents per centum on stock in trade, fac-
torage, employments, faculties and professions, (clergymen, schoolmasters,
schoolmistresses and mechanics excepted,) — to be ascertained and rated
by the assessors and collectors throughout the State, according to the best
of their knowledge and information ; to be paid in paper medium or
specie.
1 V . A/id be it further enacted by the authority aforesaid. That all negroes
and other slaves who are employed on any lands leased by any person oi Slaves employ-
persons of the Catawba Indians, shall be, and they aie hereby made, bia-^^u^" ""
ble to the payment of this tax. But nothing in this Act contained shall be
construed to impose any tax upon the property of the estate of any relisiona
society, or the South Carolina Society, the Winy aw Indigo Society, or the
Fellowship Society, or of the estate of the late Doctor De la Howe, devi-
sed for charitable purposes, and that part of the estate of the late Thomas
Wadsworth which was devised for the establishment of a school, or the Clar-
endon, or the High Hills ofSantee, or the Camden Orphan Societies, or the
Columbia Academy, or of the lands and funds owned by the Free School
of Dorchester, the public lands held by the corporation of Charleston, or
of the lands and funds of any society applicable to education or the main-
tenance of public schools ; but that no houses owned or elected on the
same by any private individuals, shall be exempted from paying taxes
thereon, according to their full value, to be rated by the assessor or asses-
sors in the respective collection districts.
V. And be it enacted by the authority aforesaid, That every person
entitled to any taxable property or estate in this Slate, who resides with- Absentees
out the limits of the United States, shall, for the use of this State, pay a'"'''^ "'^'^'''
triple tax on the same. But this clause shall not be construed to extend
to the property of any person sent, or hereafter to be sent, abroad in the
emplovraent of this State or of the Usitod States, until one year after the
expiration or determination of his commission ; or to the property of any
person now absent from the United States, unless such person has been
absent for one year.
VI. And be it further enacted by the authority aforesaid. That the tax
collectors throughout this State receive no payment of taxes but in gold Wliat shall be
or silver coin made current in this State, the paper medium issued under ^'^'i^'^'®^ '°''
the authority of the Legislature, bank paper redeemable in the first in-
stance in gold and silver at the bank of the United States, the branch
bank thereof in Chai'leston, the bank of South Carolina, the State Bank,
Union Bank, Planter's and Mechanic's Bank, or certain certificates for the
pay of members of the Legislature, oi' the Solicitors, for their attendance
on the Legislature.
VH. And be it further enacted by the authority aforesaid. That each and
every enquirer and assessor and collector shall, on their enquiry for their re- Returns of all
turn of taxes of this State for the year one thousand eight hundred and ten, P™peity to be
administer the following oath to all such persons as shall be liable to pay "'^ ^ """^ ''
any of said taxes, viz: "I, A B, do solemnly swear (or affirm, as the case
Tax on m^
at inlerest
62S STATUTES AT LARGE
A. I), isio, jjjj^y i,gj [|,jjf j],g account wliicli I now give in is a just and true account of
'-"^^'^'"''^ the quantity and quality of the lands, and tlie number of slaves, on the
first day of October, one thousand eight hundred and ten, in any man-
ner whatsoever, which 1 am possessed of, interested in, or entitled to,
either in my own right or in the right of any other person whomsoever,
either as guardian, executor, agent, attorney, trustee, or in any man-
ner whatsoever, according to the best of my knowledge and belief; and
that I will give a just and true answer, according to the best of my knowl-
edge, to all such questions as shall be asked me touching the same ; and
this I swear without any kind of equivocation or mental reservation
whatsoever." And upon the principal of every sum or sums of money at
interest, the interest of which is actually received, over and above what
each person pays on account of interest, the said enquirer, assessor or col-
lector, or assessors, enquirers and collectors, to whom the same shall be
returned, shall assess the sum of twelve and a half cents on every hundred
dollars which shall have produced an interest of seven per cent., and a
proportionable sum on all other sums of money drawing less or more than
seven per cent; to be recovered in like manner, in case of default, as the
collectors are authorized by law heretofore to do on their returns of lands
and slaves.
VIII. A/id he iljuither enacted by the authority aforesaid. That in Ciisc-
Prepfirty not a"y person or persons shall neglect to make a return of his, her or their
returned. monies producing interest as aforesaid, he, she or they shall be liable to
suffer the same forfeitures and pay the same penalties as are required by
law in case of their refusing or neglecting to make a return of his, her or
their lands or slaves.
IX. A}id. he it further enacted, That the instalments on the paper medium
Time of pav- which shall be due on the first Wednesday in March next, shall not be re-
neT'n d ''"'qnircd to be paid as directed by an Act entitled " An Act for raising sup-
plies for the year one thousand seven hundred and niiiety-four," hut shall
be paid on the first Wednesday in March, which will be in the year of our
Lord one thousand eight hundred and twelve. Provided, that no person
shall be entitled to the benefit of this clause who shall not give additional
security to the treasurer in Charleston, in all cases where he is not satisfied
of the sufficiency of the former security, and in all cases where default has
been made in paying what has been heretofore due, or which may be made
in paying the interest to grow due on the first day of March next.
X. And, be it enacte'd by the authority aforesaid. That the commis-
Copies of this sioners of the treasury shall be, and they are hereby, required to furnish
Act to be fur- copies of this Act, and of the Act supplementary to an Act entitled " An
nished. ^gj fg,. fjeclaring the powers and duties of the enquirers, assessors and
collectors of the taxes, and of other persons concerned therein," to each of
the collectors appointed by law throughout this State, within one month
after the passing of this Act, and their reasonable expenses occasioned
thereby shall be reimbursed.
XI. And he it enacted.hy the authority aforesaid. Thai from and after the
Times forma- passing of this Act, all persons liable to pay any taxes hereafter to be im-
kine returns posed l)y any law of this State, shall, on or befoie the first dav of February
and payinsr - i i • • ■ . ■ i ^ ^ r n i i
taxes. *" each and every year, give in a just and true return ot all slaves, and
of the quantity and quality of all lands, and monies at interest, as may be
directed and required by the said laws, which they may hold or be entitled
unto, in his, heror their own right, or in the right of any other person or per-
sons whomsoever, either as guardian, trustee, attorney, agent, executor, ad-
ministrator, or otherwise howsoever ; and shall, on or before the first day of
May ensuiiiLT, Jiay hi-;, her or their taxes to the collector of that collection
OF SOUTH CAROLINA. 629
district where the party making such return, hy himself, his or her family, A.]). 1810.
may reside the greater part of the year. And that the said assessors or ^-^"•""'^■-^
collectors shall annrially pay the same, and settle their accounts with the
treasurer, on the' first day of June next ensuing, so far as relates to the tax
collectors of the lower division of the treasury.
XII. And whei'eas, sundry borrowers of the paper- medium loan have
not paid the interest due on the sums borrowed by them, and sales have beeti Mongnged
1 (. , , , , 1-11 11 lands bought
made ot the lands mortgaged to secure the said loan, and the treasurers i„ „„ account
have bought in the said lands foi defect of bidders, and the same remain "f the State to
as the property of the State, unpioductive ; and in other cases the properly
so sold has been purchased in by the mortgagors and others, who have
not complied with the terms and cond itions of the said sales ; Be it therefore
enacted by the authority aforesaid, That the treasurers aforesaid shall be,
and they are hereby, respectively authorized and directed to cause all lands
bought ill as aforesaid on account of the State, and all lands purchased
by the mortgagers or other persons wliomsoevi'r who have not complied
with the conditions of former sales of the said property, to be put to
sale, in the different districts in which they lie, by the sheriffs of the
said districts, on a public sale day, after eiving three months notice thereof,
and shall sell the same to the highest bidder, who shall pay one fourth
of the purchase money in cash, and the lemainina: three fourths in one and
two years ; for the performance of which he shall give his bond and a
mortgage of the premises, and also personal security, to be approved of by
the sheriff and three commissioners, residing in such district, to be nom-
inated by the treasurer. Provided, no sale of the mortgaged lands shall pioviao
take place where any person interested in the same shall, previous to the
day of sale, tender one third part of the sum due, together with the
expenses incurred.
XIII. And he il enacted by the authority aforesaid, That on all sales
made in pursuance of the next preceding clause, and under the authority '"<:'■'"'* '''^'*"'^^''
thereof, the purchaser shall, immediately after the property shall be'
knocked off to him, pay into the hands of the sheriff making the said sale
a sum which shall at least be equal to ten per cent, upon the amount of
his purchase, towards the payment thereof; and if he should fail or ne-
glect to make such payment, the sheriff shall immediately set up the same
property for public sale, upon the spot ; and shall not, upon such re-sale,
or any other sale of the same property made by virtue of this Act, receive
the bid of the first purchaser or his agent. And the sheriff shall, in all
his advertisements of the property sold by virtue of this Act, on account of
the paper medium loan, give notice thai he will require the payment of
the said ten per cent. ; to the end that no persons inclined to purchase at
the said sales may be ignorant thereof.
XIV. And he it enacted by the authority aforesaid. That if any pur-
chaser, after paying the percentage aforesaid, shall fail or neglect to Forfeiiure nn
comply with the terms of sale, all money so paid shall be forfeited to "°'j|j'^j"^j',lj
the State; and shall be applied first to pay the costs and charges accrued the terms of
or due upon the said sale, and the surplus, if there shall be any, shall be ^'"^^ sales.
paid into the treasury of this State, in aid of the revenue thereof.
XV. And he it further enacted by the authority aforesaid, That if
any person shall at any re-sale by the sheriff' on account of the first or Xerms of sale
any former purchaser having failed or neglected to pay the percentage when lands
aforesaid, or to comply with the terms and conditions of the sale, such "'^"'^'^
purchaser shall be bound by his purchase, and shall comply with this Act,
and the terms and conditions of such re-sale, and shall not be allowed to
eay, set up, or pretend, that he boutrht the same as agent for the first or any
630 STATUTES AT LARGE
A.1>.I"10. former purchaser. Provided, that it shall be publicly proclaimed by the
'v_«<'^^-"^..^ crier at such sale, tliSt the same was to be on account and risque of
the first or some former purchaser; and that the conditions and terms of
the sale shall, in like mamifr, be proclaimed by liim immediately befu'e the
property is set up.
XVI. And he it furt//er enacfecl by ihe milUrnhy T^fnreiin'iA, That in case of
Defaulters lia. aiiy re-sale made under the authority of the preceding clauses of this Act, on
bl»i for !iny account or by reason of the non-payment of the ten per cent, hereby required
siicli sales. to be paid, or on account of tlie non-performance of the conditions and
terms herein before prescribed, the person or persons for whose default the
said re-sale shall be made, shall be, and he, she and they are hereby de-
clared, liable for any deficiency which may hapjsen between the first and
any subsequent sale of the said property ; and the tieasurers are hereby
authorized and directed to commence suits for the recovery of any such
deficiency.
XVil. And be it furtlie.r enacted by the autli^trity aforesaid, That it shall
V. „. ,„„ be the duty of the tax collectors of this State to make, on the first Monday
rooi tax. •! . , '. .,,.•'
in August next, to the commissioners oi the poor, in the parish or dis-
trict in which any poor tax shall be by the said tax collectors respectively
collected, a return of such poor tax, in the like manner as they make
returns of the public tax to the treasurers of this State. And it shall
also be the duty of the said tax collect<irs to make a duplicate return to
the comptroller general of the amount of the tax so collected and [)aid to
the commissioneis.
XVI II. And be it enacted by the authority aforesaid, That the comptrol-
Transicnt ler general be, and he is hereby, required and directed annually to call
pcmriuinlnf ,j^ jj-^g treasurer of the City Council of Charleston to render an ac-
count on oath to him of the application of such monies as are appro-
priated for the transient poor, and for other purposes ; and that the ac-
count so rendered be laid before the Legislature.
XIX. And be it enacted by the authority aforesaid. That the several
Tax collectors tax collectors in each fiscal division of the State shall exhibit, in some
^"'''^.["/i™'' column of his return, the number of acres of land lying within tliL-ir r.--
otlier divTs cons, spective divisions, and the number of acres lying elsewhere, and for which
for which taxes tj^^es shall be paid them ; in like maimer they shall exhibit in other columns
are paid them. , , V • i ■ .•',... t p , i
the number oi negroes in their respective divisions, and ot those else-
where, and where, on which taxes shall be paid them ; and in other separate
columns exhibit the amount of taxes in their respective divisions, on every
different article taxed by law ; and the treasurers of each division, and the
comptroller, shall preserve these columns in their agsrregate of taxes to be
laid Itefore the next Assembly.
XX. And he it enacted, by the authority aforesaid. That the tax
Return to be collector for the parishes of St. Philip's and St. Michael's, shall, on the
made by tax g^-gj ]\[onday in the months of April, May and June, in each and every
year, make the following return to the treasurer of the lower division,
"I, A. B., do solemnly swear (or affirm) that the sum of dol-
lars, by me now paid, is all the money which I have received on account
of the general tax, since my last return." And on the first Monday in July,
in each and every year, the said lax collector for the parishes of St. Philip's
and St. ^lichael's, and each and every tax collector in the upper division
of the treasury of this Slate, and on the first Monday in June, in each and
every year, each and every tax collector in ihe lower division of the trea-
sury of this State, shall completely and finally close their several and respec-
tive returns, by paying over the full balance which may have been received
by him or them, prodncint^ to the treasurer of the said upper and lower divi-
OF SOUTH CAROLINA. C31
siyiis of the treasury of this State, respectively, the sheritl's receipts for -^- I'l^lO.
all executions lotlged by them agaiust defaulters ; and if the sheriff's re- ^--^'^^'""^^
ceipts, so produced, shall not satisfactorily account for the full balance due
on the said return, tiien, and in such case, the treasurers in each division
respectively shall he, and tliov are hereby, directed to enforce the means
pointed out by the Act entitled "An Act declaring the duties and powers
of the enquirers and assessors of the taxes, and other persons concerned
therein," passed in the year of our Lord one thousand seven hundred and
eighty-eight. And the said several tax collectors, upon closing their said
returns, shall respectively take the following oath or affirmation, to wit:
" I, A. B., do solemnly swear (or affirm) that the return I now make is a
just and true return of all the taxable property made for the collection dis-(ai^g„ j^y tj,g
trict of ■, and that the sum of dollars, by me now paid, is the collectors.
whole of tlu; monies I have received f n' the general taxes of the said district,
since my last retui'ii ;" which oath or affirmation the treasurer shall im-
pose, and cause to be endorsed on the said return.
XXL A/id be it enacted by the authority aforesaid. That the comp-
troller general be, and he is hereby, required and directed, annually to call „ . .
.1 1 1 1 r ■ r 1,1- 1 -1 ]• 111 ^Commissioners
on the several boards or commissioners ot public buildings, and boards otof public buil-
commissioners for clearing, opening and rendering navigable the seve- dm^s and in-
1 • 1 1 ■ 1 • o 5^ 1 . - 1 ■ .1 land navicfatiou
ral rivers and creeks in this State, to render an account to him, on oaln, ,|, j^^.^^^j^'j ,^
of the application of such monies as are appropriated for the erection the Comptrol-
of public buildings, or the clearing, opening and rendering navigable the •
rivers and cieeks of this State; and the accounts so rendered shall be laid
before the legislature.
XXIL A)id be it further enacted by the authority aforesaid. That it shall
be the duty of the commissioners of poor, and the commissioners of Commissioners
the roads, in the several districts and parishes within this State, by their of the poor and
.secretary or treasurer, to render on oath to the clerks of the circuit courts gp^.„„m,o ,|,g
in their respective districts, on or before the first Monday in Septem- clerks ol'
ber in every year, a correct account of all monies received by tliem, and '=<""''s-
the manner in which the same have been applied ; and it shall be the duty
of the clerks of the said courts respectively, to transmit certified copies
thereof to the comptroller-general, to be by him laid before the Legisla-
ture. And in case the said commissioners shall fail to make their loturns
as required aforesaid, they shall resjiectively, as a board, forfeit and pay
the sum of one hundred dollars ; and the clerks of the lespective courts
, shall, on failure of making the aforesaid returns, also forfeit and pay the
sum of one hundred dollars ; the aforesaid penalties to be recovered, in
any court of law having competent jurisdiction, by action of debt. And it
shall be the duty of the attorney-general and solicitors, in their respective
circuits, to enquire of the clerks of the respective district courts whether
the aforesaid commissioners of the poor, and commissioners of the roads,
have made their returns to the clerks as aforesaid ; and encjuire of the comp-
troller-general whether the clerks of the respective c<jurts have made the
returns above required ; and in case the commissioners and clerks as afore-
said have not made their returns as above directed, then, the attorney-gen-
eral or solicitor, as the case may be, is hereby directed and required to
sue for, and i-ecover on behalf the State, the penalty which is by this Act
declared.
XXIIL And he itfiirtlicr enacted by the authority aforesaid. That the
comptroller-general shall publish in the Carolina Gazette a list of such Barnes of
commissioners and clerks iis have neglected to make their returns as above '1<''^"1''^'? '"''^
required, for the last year ; aud provided the said comaiissioners and clerks ^
do not make their returns on or before the first day of September next, it
G32 STATUTES AT LARGE
A. I). 1810. shall be the duty of the attorney-general or solicitor, as the case may bv,
^'-'^"^'"^^ to sue for and recover the penalties to which they have been heretofore
declared liable ; excepting the commissioners of St. Philip's and St. Mi-
chael's parishes, who shall account to the City Council of Charleston as
heretofore.
XXIV. And he itfurtlicr enacted by the authority aforesaid, That each
Tax collectors and every tax collector shall pay to the commissioners of the poor, on the
toaiakepiiy- f;,.gt Monday of August in every year, all the monies which have been or
commissioners may be collooled by them for the use of the poor, the said commissioners
ol' the poor. or their treasurer, e.xcept where such monies have been otherwise appro-
priated by law, under the penalty of the forfeiture often dollars for every
day they may fail in so doing ; to be recovered in any court having compe-
tent jurisdiction, to go to the use of the poor of the said district or parish
wherein said default shall be committed.
XXV. And be it enacted by the authority aforesaid. That it shall, be and
Names of all is hereby declared to, be the duty of the comptroller general, as speedily
persons who ^g [he same can be done, to make out, from the returns of the tax collec-
transmitted to tors, and transmit to the clerks of the several courts in the several districts
the clerks of of this State, the names of all persons who shall have made returns for the
courts. year 1809, together with the tax paid by the said persons, to the end that
the persons paymg such tax may have an opportunity of comparing their
receipts with the same. And it sliall be the duty of the clerks of the said
courts, on application of any person for an inspection of the said statement
so transmitted to him by the comptroller general, to produce the same;
and in case any clerk shall neglect or refuse, without reasonable excuse,
to exhibit the same, when demanded in office hours, by any person or per-
sons paying a tax in the said district, he shall be subject to a penalty often
dollars, to be recovered in any court having competent jurisdiction ; one
half to the informer, the other half to the treasury of this State. And the-
comptroller general, for this service thus required of him, shall receive the
sum of two hundred dollars.
XXVI. And be itfurllier enacted by the authority aforesaid. That it shall be
Amount of tax the duty of every tax collector to specify in words, at length, the sum paid
paid to be spe- , '' c \ ■ ^ ^ -i- '^- ■ \ • \ ^
cified in words, "y every person tor his general tax ; distinguishing what every person may
pay for poor, or bridge tax, in the receipts to be given by every tax collec-
tor to those persons who may pay a tax to him.
XXVII. And be it further enacted by the authority aforesaid. That it shall
Attorney-gene- be the duty of the attorney-general, and each of the solicitors of the dif-
ra! and solici- fgrent circuits, to certify to the comptroller-general, on or before the first
to thecomp- Monday in October in every year, the fines and forfeitures which have been
troUer. had or inflicted by the courts upon his circuit, within the year next prece-
ding the day aforesaid ; and that it shall be the duty of each of the clerks
of the several circuit court districts, to return t.> the comptroller-general,
on or before the same day in every year, an account, upon oath, of all the
fines and forfeitures which have been inflicted, had, or received within his
district court, of the manner how appropriated or remitted, and to pay
over to the treasurer of the State the balance in hands on that day; that in
case of failure of any clerk to render such account, he shall forfeit and
pay the sum of two hundred dollars, to be lecovered in any court having
Competent jurisdiction ; and it shall be the duty of the comptroller general
to direct the attorney-general or solicitors, as the case may be, to sue
for and recover the aforesaid sum, of such clerk as shall fail to render
such account.
Penalty for not XXVIII. And he it enarted by the authority aforesaid. That should
sa^d^u'tv".^ the said atlorney-geneial or solicitors not perform the duty requiiod by
OF SOUTH CAROLINA. G33
the aforesaid clause, they shall be subject to a penalty of one buntlrcJ A.l>. isio.
dollars, to be recovered ui any court having compclent jurisdiction. ^.*'-v-»fc-'
XXIX. And be itfuHker enacted by the authority aforesaid, 'J'hat so much
of an Act entitled "An Act to raise supplies for the year one thousand
eight hundred and nine, and for other purposes therein mentioned," as ^^f "emaled?'
prevents the underwriting any policy of insurance in this State, by the
agent or agents of any foreign insuiance company, or inflicts any p<nalty
on any person for underwriting or effecting any such policy, be, and the
same is hereby, repealed.
XXX. And he it further raacto? by the authority aforesaid. That from
and after the passing of this Act the clerk of every circuit court in this
State shall be authorized, and he is hereby required, to draw an order on "^'"^ Acts of
and send an express to the treasurer at Columbia or Charleston, which ,tnTl"rbV the"
ever place may be nearest to the court house i.f said district, for so many clerks of "
copies of the Acts of the Legislature as the said district may be entitled to™"''^'
by law ; and the said clerk shall deliver, upon application, to each person
in said distiicl who may be entitled to the same, one copy of said Acts ;
the person who rides the said express shall receive three dollars for every
forty miles he shall ride in going to or returning upon the said service.
XXXI. And he it further enacted. That it shall be the duty of the prin-
ter for the State, on or before the loth of February, in each and every Acis to be
year hereafter, and the clerk of every district court shall draw the afore- P'"'"'^'' ^J ""=
said order on the treasurer as aforesaid, and have the said Acts in i,is ^'^'hofFcbrua-
possession for distribution on or before the tenth day of March in each
and every year hereafter.
XXXII. And he. it firther enacted by the authority aforesaid. That the
parish of Christ Church shall be, and the same is hereby, added to the col-
lection district of St. Thomas and St. Dennis; and tha't the tax collector
for St. Thomas and Dennis shall be, and he is hereby, authorized to col-
lect the taxes of the parish of Christ Church.
XXXIII. ^WZ-e/^/az-^/^cr f«acfr(^ by the authority aforesaid. That the
tax collector for the parish of St. Helena be, and he is hereby, required to ,, .
pay over to the commissioners of the poor for the Island of St. Helena ce"ved'orac-
and Lady s Island, all the money which by him may in future be collected <^°"'" "fpoof
from the inhabitants of said Islands on account of poor rates And u'? "" ^Ji-
the tax collectors of St. Helena are hereby required to pay over to said L^dv's' island
commissioners all the money which may have heretofore been collected on '"'"' J" ^^ ^'^
the said Islands on account of poor rates, and which may have been paid ^ °^'
to the said town council; provided, however, that the town council of Beau-
lort be, and they are hereby, authorized to deduct from such money all
sums which may have been paid to the poor of the said Islands of St
Helena and Lady's Island ; and also be authorized to return to the said
Islands any poor who may have removed from them to the town of Beau-
tort or the Island of Port Royal, since the first day of January one thou-
sand eight hundred and four.
. I., the Senate House, the twentieth day of Decen.ber, in the yeaiof our Lord one thousand
. eight hundred and ten, and in the thirty-fifth year of the Sovereignty and Inde-
pendence of tiie United States of America.
SAMUEL WARREN, Presidevt of the Senate.
JOHN GEDDES, Speaker of the Home of Represcniatire,
VOL. v.— SO.
STATUTES AT LARGE
No. 1979. AN ACT lo jiake Appkopriations fok the veah one thousand kight
HU.NDKED AND TEN.
I. Be it enacted, hy the honorable the Senate and House of Represen-
Appropriations'^'-'^'^®' "°^ ™^'- ^'"' sitting in General Assembly, and by the authority of
the same, That the following sums be respectively appropriated for the
salaries of public officers, and other expenses of government.
For the salary of the Governor, two thousand five hundred and seventy-
two dollars.
For the salary of the Secretary of the Governor, four hundred and thir-
ty dollars.
For the salaries of six Judges of the courts of common pleas, each
two thousand five hundred and seventy two dollars — in tiie whole, fifteen
ihous.iiid four hundred and thirty-two dollars.
For the salaries of five Judges of the Court of Equity, eleven thousand
five hundred and seventy-six dollars.
For the salary of the Attorney General, for giving advice to the Gover-
nor and other public officers, in matters of public concern, as a full re-
compense for the discharge of all public duties incident to his office, as
Attorney General, one thousand doUais.
For the salaries of four Circuit Solicitors, each, in lieu of all charges
against the State, for the peiTormance of every public duty appertaining to
their respective offices, each five hundred dollars.
For the salary of the Comptroller-general, two thousand five hundred
dollars.
For the salaiies of the Comptroller-general's clerks, and the stationary
requisite for his office, one thousand six hundred dollars.
For the salary of the Treasurer of Charleston, as Treasurer, and for
transacting the business of the Loan Office, two thousand six hundred and
fifty-eight dollars.
For the salary of the Treasurer in Columbia, including clerks, two
thousand dollars.
For the salary of the Clerk of the Senate, and the Clerk's salary of the
House of Representatives, eacli twelve hundred and thiity dollars ; in the
whole, two thousand four hundred and sixty dollars.
As a compensation to the commissioner in equity, for his attendance on
the appeal court in equity at Columbia, one hundred dollars.
As a Compensation for the Clerk of the Court at Columbia, one hundreil
and forty dollars.
As a compensation for the Clerk of the Court of Charleston, for allending
the Constitutional Court of Charleston, one hundred and forty dollars.
As a compensation for the Sherifl" of Richland district, for attending the
Constitutional Court and the Court of Equity at Columbia, one hundred
dollars.
As a compensation fiir the Sheriff' of Charleston district, for attending
the Constitutional Court and the Court of Appeals at Charlesroii, one
hundred and fifty dollars.
For the keeper of the State House at Columbia, one hundred and
thirty dollars.
For the salary of the Adjutant General, fifteen hundred dollars.
For the salaries of nine Brigade Inspectors, each two hundred and six-
OF SOUTH CAROLINA. GO
teen dollars — in the whole, one thousand nine huntlred and forty-five A. D. 1810.
dollars. y^^^'-v^^^^
As a compensation for the Arsenal keeper and powder receiver, in the
city of Charleston, three hundred dollars.
For tiie salary of the Port Physician of Charleston, for boat hire and all
other expenses appertaining to said office, one thousand dollars.
As a compensation for the Arsenal keepers and powder receivers for
Abbeville, Camden, Georgetown and Beaufort, each fifty dollars — in the
whole, two hundred dollars.
For the contracts of the State Printer, a sum not exceeding fifteen hun-
dred dollars.
As a compensation for the pilot of the bar and harbor of Beaufort, three
hundred and twenty-two dollars.
For Lyon Levi, while he continues clerk in the treasury office, in ad-
dition to such salary as shall he allowed him by the treasurer, four hundred
dollars.
As a compensation for the Pilot of the bar and harbour of Georgetown,
three hundred and twenty-two dollars.
For Annuities, seven thousand dollars.
For the Transient Poor, payable to the City Council of Charleston, four
thousand two hundred and eighty dollars.
For the salary for the keeper of the Lazaretto of the port of Charles-
in, five hundred dollars.
As a contingent fund subject to the Governor's draft, he submitting an
annual account of the e.xpenditure thereof, six thousatid dollars.
To defray the expenses of the quota of Militia of this State, if called for
and ordered to be encamped for training, seven thousand dollars.
For the expenses of the Members of the Legislature at their present ses-
sion, and pay of the Solicitors for their attendance, thirteen thousand five
hundred dollars — if so much be necessary.
As a compensation for two Doorkeepers to the Legislature, each two
hundred and sixteen dollars — in the whole, four hundred and thiity-tvvo
dollars.
As a compensation for two Messengers, each two hundred and sixteen
dollars — in tiie whole, four hundred and thirty-two dollars ; to be paid at
the adjournment of the legislature.
For the rent of the Governor's house at Columbia, two hundred and fifty
dollars.
For aid in supporting the transient poor in Georgetown, the sum of
five hundred dollars, to be paid to the commissioners of the poor of
Prince George, Winyaw, to be laid out and expended by them for the use
of the transient poor ; the said commissioners to publish annually, in the
Georgetown Gazette, the names of all such transient poor, and the sum laid
out for each, as may have been relieved by this fund ; an account on oath to
be returned to the comptroller, and by him submitted to the legislature.
For the discharge of tlie contingent expenses of the upper division, a
sum not exceeding six thousand two hundred and eighty-three dollars,
thirty-one cents.
For the discharge of the contingent expenses of the lower division, a
sum not exceeding five thousand five hundred and seventy-five dollars,
forty-three cents.
IL And be it farther enacted by the authority aforesaid, That the pay
hereinafter to be provided for the support and maintenance of the maga- Magazine
zme guard, shall be restricted to that of an officer, sergeant and six men ; guard.
and that the sum of two thousand two hundred dollars be appropriated
636 STATUTES AT LARGE
A.l>. laid. fi,|- [i,j^, |);iynii-iil (if the said guard, imdei tlie direction uf tlie comptroller
^-'^"^'"^^ CTcnend.
III. And hr it cnacfed Uy the authority iiforesaid, Tliat the treasurer
of the lower division of the treasury, under the direction of the comptroller
iiper tn«lium (roneral, and in his presence and in the presence of the Governor, Presi-
dent of the Senate, Speaker of the House of Repie.sentatives, and any
three of the Judges of the Courts of Law or Equity, or in the presence of
a majority of the persons above mentioned, shall, as soon as convenient af-
ter the piLSsing of this Act, cause all the paper medium of this State, now
in the treasury, or that may be received previous to the ne.xt sitting of
the Legislature, provided the same shall not exceed the sum of two thou-
sand and sixty-one dollars, to be burnt; and to report to the Legislature
the amount of the medium which may be burnt.
IV. And be it enacted by the authority aforesaid, That the treasurer
Treasurer to "" ''eceiviug any monies from the tax collector, or any other person, shall
five two re- give him or her two receipts for the same; and in case any treasurer
'^'"I"^- shall neglect to furnish such person with two receipts as aforesaid, he
shall forfeit and pay a sum not exceeding two hundred dollars, nor lesr.
than fifty dollars, to be recovered, in any court having jurisdiction there-
of, by the comptroller general.
Salaries of two ^- And he it further enacted, That the sum of twelve hundred dollars
tutors ill the be appropriated for salaries of two tutors in the South Carolina College,
college. -p^i. j^^j-,,, Pan-, for repairs and alterations to Senate committee rooms,
book case, &c. one thousand four hundred and thirty-six dollars.
W. And, he it further enacted, by the authority aforesaid. That the mem-
Membera in bets in Congress fiom this State be, and they are hereby, required to
solicit a clian^a s*^''*^''! f'om the government of the LTnited States, an exchange of their
of slock. stock which is now held by thi - State, for an equal amount of their stock
of a transferable nature.
VIL And, be it further enacted, by the authority afoi-esaid,, That so much
Statelo Ije' "^ ''^'^ money in the treasury as is unappropriated by law, be, and the
pmclinsed. saiTie is hereby, appropriated for the purchase of the debt of this State.
VllL And be it further enacted, by the authority aforesaid, That so much
„ of the debt of this State as shall remain unpaid (after the payments direct-
debt bow lo Pel in t'lR next preceding clause shall have been made) shall be, and the
be paid. name is hereby directed to be, paid and extinguished with so much of the
transferable stock of the United States as shall be necessary therefor, and
which shall or may be obtained in exchange for the stock of the United
States which is now held by this State.
U ■ ' M ^"^^^ ^'"^ '"" ''.A''''"'' '■'""'^''f^ ''y ''^^ ^^''^""'y ^^''''^*''''^' That the comp-
on the conip- troller general be, and he is hereby, directed to carry into effect the three
■'■""'^'■- next preceding clauses of this Act.
X. And, he it further enacted. That the sum of sixteen hundred dollars
is hereby appropriated for the support of a professor of chemistry and
of chcmisirv natural philosophy in the South Carolina College, subject to the disposition
established' in of the trustees of the said college.
the college. p^j. j|jg repairing and fitting up an office for the clerk of the court in
the court house at Georgetown, one hundred and seventy dollars.
For Thomas Perkins, formerly ta.t collector for Cheraw district, foi costs
expended in and about defimding a suit brought against him in equity, by
John Lewis Gervais, in behalf of the State, the sum of seventy-five dollars.
The sum of two hundred dollars for repairing the court house in Mai-1-
borough district ; and that Drury Robertson, Robertson Cailoss, Tristam
Thomas, Thomas Evans and J. R. Irvine, be, and are hereby appointed,
pommissioners to superintend the repairing of the same.
OF SOUTH CAROLINA. 637
For re])airing court house and gaol in Lexington district, five Imnilret] A.D.lSlo.
and twenty-five dollars. v-^-y^w
Repairing gaol in district of Abbeville, two hundred and fifty dollars.
Repairing gaol and court house in district of Orange, one thousand
dollars.
Repairing court house in Richland district, thirteen hundred dollars.
Repairing court house in Union district, three hundred dollars.
Robert Ware, on account of deficiency of land purchased at sale on ac-
count of loan office, one hundred and seventy-two dollars, seventy-five
cents.
Alexander Kincaid, do. do. eleven dollars.
Yates & Phillips, repairing house adjoining State house, eleven hundred
and thirty-seven dollars, sixty-three cents.
James Johnson, for carrying managers return of election of sheriff of
Union to the Governor, thirty dollars.
James R. Irvni, for a negro executed, if he produce letters of adminis-
tration, one hundred and twenty-two dollars, forty cents.
Joseph Birch, for a negro executed, one hundred and twenty-two dol-
lars, forty cents.
Andrew Young, for arrearages of pension, one hundred dollars.
John Henderson, for revolutionary services, four hundred and forty-one
dollars.
C. J. Steedraan, for attending court of appeals in Charleston, last year,
one hundred dollars.
Attornies employed by commissioners of Saxegotha, six hundred dollars.
Edward Collier, purchase money refunded in expenses that accrued in
prosecuting title to land, two thousand six hundred and twelve dollars,
ninety-eight and an half cents.
Corporation of Columbia, for buying an engine, seventeen hundred
dollars.
P. H. Peraut, for services as astronomer, four hundred dollars.
John Moffatl, for confiscated land jiurchased of State, sixteen hundred
and eighteen dollars, fifty-seven cents.
Edward McDonald, for wounds received during Revolution, three hun-
dred dollars.
Rev. Mr. Reid, for performing divine service during session, one hun-
dred dollars.
Estate of John Grayham, for indents lost, two hundred and eighty dol-
lars, twenty-three cents.
Estate George Grayham, do. do. ninety-nine dollars, twenty-six cents.
For Thomas Taylor, Captain of Richland troop, for payment of guard
conveying Rochell and Fley from Columbia to Camden, sixty dollars.
Corporation of Charleston, in aid of their funds and in consequence of
the late fire, four thousand dollars.
Robert Chisholm, for a negro executed, one hundred and twenty-two
dollars, forty cents.
Hugh Knox, balance of an account reported by comptroller-general,
thirteen dollars, ninety-three cents.
Moses Landus, for arrearages of pension since eighteen hundred and
four, forty-three dollars.
XL And be it further enacted by the authority aforesaid. That the
said sum of money heretofore appropriated for the repairing or building Courthouse at
the gaol and court house of Barnwell district, shall be, and the same is or-
dered to be, paid by the comptroller-general to the draft of the commis-
sioners appointed to superintend the repairing or building the same, or to
the order of a majority of them.
638 STATUTES AT LARGE
A.I). l«in. Fo, the purpose of carrying into effect any measures whicli may be re-
■"-""^'"-^ quired on the part of this State for ascertaining and fixing the boundary
between North and South Carolina, in conformity to and \n compliance
with a resolution adopted at the last session of the legislature, three thou-
sand dollars.
For William Nicks, for his pay as a soldier during the Revolutionary
War, one hundred and ninety-two dollars and sixty-six cents.
For William Dorsay, for his pay as a soldier during tlie Revolutionary
War, one hundred and ninety-two dollars and sixty-six cents.
For Thomas Nichols, for his pay as a soldier during the Revolutionary
War, one hundred and ninety-two dollars and sixty-six cents.
For Absalom Wafford, for his pay as a snklieV during the Revolutiona-
ry War, one hundred and ninety-two dollars and sixty-six cents.
For Isaac Robertson, for his pay as a soldier during the Revolutionary
War, one hundred and ninety-two dollars and sixty-six cents.
That a sum not exceeding fifty dollars be appropriated to enlarge or
make new the grand jury box at Spartanburgh court house ; and that Ab-
ner Benson, James Brsnnon and Thomas Allison, be appointed commission-
ers to superintend the same.
For John Leving, for his pay as a soldier during the Revolutionary War,
one hundred and ninety-two dollars and sixty-six cents.
For Samuel Stegal, for his pay as a soldier during the Revolutionary
War, one hundred and ninety-two dollars and sixty-six cents.
For Daniel Stewart, for his pay as a soldier during the Revolutionary
War, one hunilred and ninety-two dollars and sixty-six cents.
For Absalom Hooper, for his pay as a soldier during the Revolutionary
War, one huiulied and ninety-two dollars and sixty-six cents.
For Martin INIartin, for his pay as a soldier during the Revolutionary
War, one hundred and ninety-two dollars and sixty-six cents.
For erecting a flight of stone steps to the State house, fifteen hundred
dollars.
For other repairs to the State house, not particularly enumerated, fifteen
hundred dollars.
To William Pauling, adrainistralor of Thomas Tatum and Jesse Dues-
to, for services rendered by said Tatum and Duesto during; the Revolu-
tionary War, as private soldiers in Captain Isaac Ross's company of
State troops, belonging to the regiment commanded by Col. Charles S.
Middleton, one thousand four hundred and eighteen dollars, seventy-eight
cents.
For John Duteille and George Redevault, for payment as subordinate
officers on board the South Carolina frigate, one hundred and thiity dol-
lars, thirty cents.
To Peter Oliver, administrator on the several estates of Thomas Short,
Jacob Shcn, David Zhal and John Renney, one thousand one hundred
dollars, or such part of said sum as will pay the interest of six per cent on
the sums appearing to have been due them on the portage bill book of the
frigate South Carolina, to be ascertained and settled by the comptroller-
general.
In the Scnntc House, the twcnticlh of Decemher, in llie year of our Lord one ilion-
sand eight hundred niul ten, and in the thirtyliftli year of tlie Sovereignty and In-
dependence of the United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
AN ACT Tl) ESTABLISH FuEE ScilOOLS TIlRdllGlIOU T HIE StATE. No. 19S0.
I. Be it enacted, by the lionorable the Senate and House of'Repiesentatives,
now met and sitting in General Assembly, and by the authority of'thesanie, Frne schools
That immediately after the passing of this Act there shall be established in ^s'"'''"''"''"-
each election district within this State, a number of fiee schools, equal to
the number of members which such district is entitled to send to the
House of Representatives in the Legislature of this State.
H. And be it further enacted hy t\\e authority aforesaid, That in each What flmll be
of these schools the primary elements of learning, readinc;, writing and '""K'",'" '["^
• 1 •■,,•111 1 1 1 f 1 !■ 1 • s'>"l schoois.
arithmetic, shall always be taught, and such other branches oi education as
the commissioners to be hereinafter appointed may from time to time direct.
HL And be it further enacted by the authority aforesaid, That every
citizen of this State shall be entitled to send his or her child or children,
ward or wards, to any free school in the district where he or she may re- Who may go to
side, free from any expense whatsoever on account of tuition ; and where® schools.
more children shall apply for admission at any one school than can bo
conveniently educated therein, a j'leference shall always be given to poor
orphans and the children of indigent and necessitous parents.
IV. And be it further enacted by the authority aforesaid, That for the j]^^^ p q_
support and maintenance of the said free schools, the sum of three hundred piiated to sup-
dollars jier annum for each school, is heri-by and for ever appropriated, to P"/' 'j"^ ^'"'^
be paid out of the treasury of this State, in the manner hereinafter directed,
until other sufficient funds may by law be provided.
V. And he it further enacted by the authority aforesaid, That for the pur- Commissionrrs
pose of carrying this Act into eti'ect, there shall be appointed a number ofi," thele^isla-
comrai.-isioners in eacli election district, which number shall not be less tore.
than three nor more than thirteen.
VL And he it further enacted hy the authority aforesaid. That the said ,.,
commissioners shall be appointed by the legislature, by nomination, and ofBce 3 years,
shall continue in office for three years from the time of their apjjointraent,
and until a nev.- appointment shall be made.
Vn. And be it further enacted by the authority aforesaid. That the
commissioners of the free schools shall have power to determine the situa- Powers of said
tion of the schools in each district, to appoint masters for each school, and
to remove them at pleasure, to arrange the system of instruction until some
general system be organized, t<j decide on the admission of scholars, and
the preference to be given in all cases of doubt or difficulty, and to super-
intend generally the management o'( schools in their respective districts,
and shall have power to draw on the comptroller for ihesums appropriated
for the schools in their respective districts.
VHL .1«<Z it' /V /«/•?/«•;■ c««cVCf/ by the authoiity aforesaid. That when-
ever the commissioners, or a majority of them, in anv district, shall be of '^V™''.'^'' "^
opinion that the objects of this Act would be better promoted by in- he increased or
creasing or diminishing the number of schools allowed to such district, the ''''"""shed,
said commissioners shall be, and they are hereby, empowered to increase
or diminish the number of schools in such district, and to draw for and
apply the whole amount allowed by this Act to such districts, to the sup-
port of the schools so increased or diminished in iiiunber.
IX. And be it further enacted by the authority aforesaid. That the
commissioners in each district shall meet together annually, on the foi"th ,„°5"™,'°^^iJ°"^j^
Monday of January in each year, and quarterly on the fourth Mondays ofly and quarter-
April, July and October; and at then anniversary meetings isliall annually '-Y' ?"''''''^'^'?
elect a chairman and secretary, and shall fill up the vacancies which may secretary.
GIO STATUTES AT LARGE
A. n. 1811. have happened in their board. And on the death, resignation .or absence
'■-^^^^"'^^ from the State of tlie chairman or secretary of any board of commissioners,
tlie members at the next quarterly meeting, provided a majority be pre-
sent, shall appoint a successor.
X. And he it furtlur enacted by the authority aforesaid, That the secie-
Secretary to ^^^^ of each board of commissioners shall keep a regular journal of the
keep a journal, transactions of the said board, which shall be always open to the inspec-
tion of the legislature.
XI. A7id he. it further enae.ted by the authoiity aforesaid, That in all
How to pro- cases where the sum of money allotted liy this Act for the support of each
ceed when the school shall be found insufficient to maintain a master for the whole year,
fideni" '""" ' '■'''''■ '''6n the commissioners shall be authorized to employ a master for the
greatest length of time for which sum a competent person can be encaged.
XII. And he it Jurther enacted by the authoiity aforesaid. That every
Rciurns to be board of commissioners throughout the State shall, at their quarterly mett-
leeislature^ ing, on the fourth Monday of October in each year, make a regular return
to the legislature, or to any person whom the legislature may appoint, of
the number of months during the year preceding their said meeting which
each school in their respective districts has been open for the reception of
scholars; of the number of scholars that during each quarter attended the
respective schools ; of the sums drawn for, on account of each school,
with the date of the drafts ; and may transmit any observations on the
state or regulations of the schools, which may appear to them necessary
or important.
XIII. And in order to regulate and check the expenditure of the money
Schools to be which by this Act is appropriated for the support of the free schools ; Be
designated by ji fuj-thcr enacted by the authority aforesaid. That as soon as the commis-
numberorby • . , ,. ' . i n i *" i i i i i . i ■
name. sioners in each district shall have located the schools in their respective
districts, they shall designate each school by number or byname, and give
notice thereof to the comptroller of the treasury of the State ; and every
order dravvn on the comptroller, for the money appropriated by this Act,
for the support of each school, shall be signed by the chairman and secre-
tary of the board of commissioners for the district in which the said school
may be situated ; shall express by name the school on account of which
the order is drawn, and shall not be for a smaller sum than seventy-five
dollars, unless on the death, resignation or removal of an instructor, the
sum so drawn for shall be the whole amount which may be due.
XIV. And be it further enacted by the authority aforesaid. That until
Schools may the number of schools established by the State shall be sufficient to cdii-
bc removed cate the children in every part of each district, the commissioners shall \n-
y. authorized and requiied, if they think it expedient or necessary, torenioNr
the schools, annually, into difl'eient [larts of their respective districts. Pro-
vided nevertheless, that no school shall be e.stablished in any part of any
district, unless the inhabitants shall, at their own expense, provide a suf-
ficient school house for the accommodation of the scholars.
XV. And be it furllier enacted by the authority aforesaid, That in nil
Public and districts where a school or schools are already or may hereaftei be cslab-
private funds ]i,shed by private funds or individual subscription, it shall be lawful for the
'""^ ■comniissi(niers of the flee schools, at their discntion, to unite such jiart or
parts of the funds provideil by this Act for such districts with such schoul
or schools, in such manner as may appear to them best calculated to jiro-
mote the objects of this Act.
XVI. And be it further enacted, by the luilliorily aforesaid, 'flial ihc
number of commissioners of free schools, in each cleilioii district through-
out the State, shall be as follows, viz : For St. Philip's and Si. iMichael's,
OF SOUTH CAROLINA. 641
thirteen; for St. John's, Colleton, five ; for Prince William's, five; for A.D.I811.
VV'iiiyaw, nine; for All Saints, three; for St. James, Goose-creek, three ; ^^^''^'"^'^
for St. Paul's, five ; for Williamsburali, five ; for Kingston, three; for St. Apportionment
Helena, five ; for St. Lake's, five ; for Barnwell, seven; for Clarendon, of school corn-
five ; tor Chesterfield, three; for Edgefield, thirteen ; for Greenville, nine; ™'^^'"""^'
for Saxegotha, five ; for Levvisburg, three ; for Marlb(jrough, five ; for
Orange, five ; for Richland, five ; for LTnion, seven ; for St. Andrew's,
three; for St. Peter's, five; for St. Stephen's, three; for Liberty, five;
for St. James, Santee, five ; for St. John's, Berkley, seven ; for St. George,
Dorchester, thiee; for St. Bartholomew's, nine ; for St. Thomas and St.
Dennis, three; for Christ Church, three; for Abbeville, eleven; for
Chester, seven ; for Claremont, seven ; for Darlington, five ; for Fairfield,
nine; for Kershaw, five; for Lancaster, five; for Laurens, nine; for
Newberry, nine ; for Pendleton, thirteen ; for Spartanburgli, nine ; for
York, seven.
In the Senate House, the twenty-first day of December, in the year of onr Lord one thousand
eight hundred and eleven, and in the thirty-sixth year of the Independence of the i
United States of America. \
SAMUEL WARREN, President vf the Senate.
JOHN GEDDES, Speaker of the House of Rcj'resentatives.
AN ACT TO REPEAL ALL AcTS AND CLAUSES OP AcTS BEQUIRING THE No. 1981.
OWNERS OP MILL-DAMS ON TyGEU RIVEK TO KEEP THEM OPEN F01{ THE
PASSAGE OF Fish up the said eiver.
I. Be it enacted, by the honorable the Senate and fLiuse of Represen-
tatives, now met and sitting in General Assembly, and by the authority
of the same. That all Acts and clauses of Acts requiring the owners of
mills on Tyger river to make and keep open a slope or sluice in the dams
of the said mills, for the passage offish up the said river, be, and the same
are hereby, repealed, so far as they relate to Tyger river. Provided, however,
that nothing herein contained shall prevent sufficient slopes, sluices or locks
from being made for the passage of boats up and down the said river,
when provision shall be made by law for rendering the said river navi-
gable.
In the Senate House, the twentieth day of December, in the year of our Lord one thousand
eight hundred and eleven, and in the thirty-si.xth year of the Independence of the
United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Sjieaker of the House of Representatives.
AN ACT to incorporate the Charleston Fire Insurance Compiniy. No. 11)82.
(Passed December 21, ISll. See last volume.)
VOL. v.— SI.
STATUTES AT LARGE
No. 19S3. AN ACT to prevent any citizkn of this State from BEI^c sknt
TO GAOL, UNTIL II!: BK HEARD UY HIMSELF OR COUNSEL.
WHEREAS, it is contrary to natural justice and the rights of every
free citizen to be deprived of his liberty or property without being heard
in his own defence:
I. Be it cnact(d, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authoiity of the
same, That from and after the passing of this Act no citizen of this State
shall be sent to gaol for any contempt of court, nr supposed contempt of
court, committed during the sitting of tiie court, and in disturbance of the
court, until he be brought before the court, and there be heard by himself
or counsel, or shall stand mute.
H. And he it enacted by the authority aforesaid. That when any affray
shall happen during the sitting of any court within this State, and within
the hearing or to the disturbance of the court, the court shall order the
sheriff', or other lawful officer, to take the affrayers, or other disturbers of
the peace, or those guilty of contempt, and bring the offender or offenders
before the court, and the court shall make such order or orders thereon
as is or may be consistent with law, justice and good order.
In the Senate House, the twenty-first day of December, in the year of our Lord one
thousand eight hundred and eleven, and in the thirty-sixth }'ear of tlie Independence
of the United Stales of America.
SAMUEL WARREN, Preside7it of the Senate.
JOHN GEUDES, Speaker of the House of Representatives.
No. 1984. AN ACT •ro amenu an A<;t entitled " An Act to rejieal an Act of the
General Assemhly of this State entitled an Act for the Letter regula-
ting the streets and marhets of the Town of Columhia, and to incor-
jjorate the said town."
WHEREAS, doubts have existed whether the inhabitants of the said
town are not exempted from working on the streets in the same, by reason
whereof the streets have been mucii neglected, and in many places almost
impassable :
I. Be it therefore emu-ted, by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the authority
aforesaid. That from and after the passing of this Act the inhabitants of
said town are hereby declared to be liable to work upon and kee]) the
.streets of the said town in good and sufficient repair, under the control and
direction of the intendant and wardens thereof, under the same legula-
tions and restiictions as the citizens of this State are liable to work upon
the public roads of this State; any law, usage or custom to the contrary
thereof in any wise notwithstanding.
n. And he it further enacted by the authority aforesaid. That the in-
tendant and wardens of the said town be, and they are hereby, required,
OF SOUTH CAROLINA. 643
authorized and empowered, to settle and regulate the assize of all bread A.D.ISU.
made and sold within the limits thereof, upon such terms as they shall, ^-^'~^''^*>-^
i'rom time to time, order and establish.
In the Senate House, the twenty-first day of Deceralier, in the year orourLoril one thou-
sand eight hundred and eleven, and in the thirty-sixth year of the Independence of
the United States of America.
SAMUEL WARREN, President of the Senate.
.JOHN GEDDES, Sjieakcr nf the House of Representatives.
AN ACT to authorize the widemiig of State, late Motte and Union No. 1985.
Streets, in the City of Charleston, in such manner and under such
provisions as are herein specified.
(Passed Deceinber 21, 18 1 L Sec last volume.)
AN ACT for amending the charter of the Planter's and Mechanic's Bank No. 1986.
of South Carolina ; and for other purposes therein mentioned.
(Passed December 21, 1811. See last volume.)
AN ACT TO MAKE APPROPRIATION' FOR THE SUPPORT OF A PrOPESSOR No. 1987.
OF Chemistry in the South Carolina College.
WHEREAS, the trustees of the South Carolina College have, by their
memorial, represented to the legislature, that the establishmeut of a pro-
fessorship of chemistry in said college would be of great utility to the
State, by widening the circle of knowledge, and diffusing useful informa-
tion throughout the same, and have solicited the legislature in aid thereof:
I. He it enacted, by the honoiable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the au-
thority of the same, That in addition to the sums aheady appropriated
by law for the support of the faculty of the said college, the comptroller
be, and hereby is, authorized and empowered, upon application of the said
' trustees, to pay over to them the sum of sixteen hundred dollars yearly,
and every year, to be applied to the jDurpose of paying the salary of a
professor of chemistry in the said college.
Fd tile Senate House, the twenty-first day of December, in the year of our Lord one
tiiousand eight hundred and eleven, and in the thirty-sixth year of the Independence
of the United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, S/ieaker if the House of Represcntatires.
STATUTES AT LARGE
No. 19S8. AN ACT to vest in Hugh Milling and his heirs the right and
TITLE OF THE StATE TO A CERTAIN TRACT OP LAND.
WHEREAS, Hugh Milling, of Fairfield district, in his petition to the
legislature, has set forth, that in order to make provision for his niece,
Sarah Gordon, of the kingdom of Ireland, and induce her to emigrate and
settle in this State, he obtained a grant for a certain tract of land, contain-
ing four hundred and twenty-one acres, situate in the distiict of Camden,
Preamble, on a branch of the Wateree creek, near the road from Charleston to King's
Mountain, in the name of the said Sarali Gordon ; and that the said Sarah
Gordon, in her passage from Ireland to America, was wrecked on the
coast of Scotland, and never came to America to avail herself of the benefit
of the said grant; and that he, the said Hugh Milling, paid all the expen-
ses attendant on the surveying of the said land and obtaining a grant
therefor, and also paid to the State nine pounds fifteen shillings and five
pence halfpenny, for the consideration or bounty money of the said land,
and therefore prays that the said tiact of land may be vested in him. And
whereas, the said Sarah Gordon, being an alien at the time of making the
said grant, the right and title of the said tract of land escheated and be-
came vested in the State :
I. Be it therifore enacted, by the honoiable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
Title to land authority of the same, That the right, title and interest of the Slate, of, in
\n^^''<r'" ^' "' '"'^ "'^^' ^^^^ land, being a tract of four hundred and twenty-one acies,
"' situate in the district of Camden, now in the district of Fairfield, on a
branch of Wateree creek, near the road from Charleston to King's Moun-
tain, granted to Sarah Gordon on the twenty-first day of January, in the
year of our Lord one thousand seven hundred and eighty-five, be, and the
same is, vested in the .said Hugh Milling, his heirs and assigns, for ever.
Provided nevertheless, that nothing herein contained shall be taken or
construed to invalidate, or in any manner destroy, the right or title of any
person or persons, acquired prior to the passing of this Act, to the said
land or any part thereof.
In tho Senate House, the tweuty-tirst day of Decenibor, in the year of oui- Lord one
thousand eight hundred and eleven, ami in the ihirt^-sixtli 3 ear of the Independence
of the United States ot Amcriea
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Sj>eaker of the House of Representatives,
No. 1980. AN ACT to authorize the Commissioners of the Orphan House of
Charleston to select the number of youths therein mentioned, from
tiiose educated and maintained on the bounty of that institution, who
shall be allowed to complete their education at the South Carolina
College.
(Passed December 21, 181L See last volume.)
OF SOUTH CAROLINA.
AN ACT for regulating the Courts held by the Associate Judges of No. 1990.
this State at the conclusion of their respective circuits, and of the
Courts of Appeals held by the Judges of the Courts of Equity, within
this State ; and for other purposes therein mentioned.
(Passed December 21, 1S11. See last, volume.)
AN ACT TO APPOINT CERTAIN COMMISSIONERS TO ESTABLISH THE PaR- No. 1991.
ISH LINES BETWEEN St. PhILIp's AND St. AnDREW's ; BETWEEN St.
AXDREVV'S AND St. JaMES, CtOOSE-CkEEK, AND BETWEEN St. An-
DREW'S AND St. GeORGE's, DoRCHESTEK ; BETWEEN St. PuILIP AND
St. James, Goose-Creek ; and between St. James, Goose-Creek,
AND St. George, Dorchester.
WHEREAS, the inhabitants of the above parishes are subjected to prga,,[,i
many inconveniencies from the division lines thereof not being fully ascer-
tained and established :
I. Be it therefore enacted, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority Commissioners
of the same. That John .lohnson, Jr , .lames Nicholson, George Keckly, "l'l'oi"'ed.
Wm. Cattle and Seth T. Prior be, and they are hereby appointed, commis-
sioners for running, defining and establishing the division lines between
the parishes of St. Philip's and St. Andrew's ; between St. Andrew's and St.
James, Goose-creek ; and between St. Andrew's and St. George's, Dor-
chester J between St. Philip's and St. James, Goose-creek ; and between
St. James, Goose-creek, and St. George's, Dorchester. And the said com-
missioners, or a majority of them, shall proceed to run the said line accord-
ing to the best information they can obtain, and the law originally laid
down; and to the best of their judgments, determine on and establish the
said lines. And the said commissioners, or a majority of them, are hereby
vested with full power and authority to employ one or more surveyors,
not exceeding three, and two chain carriers, as the said commissioners, or
a majority of them, shall judge necessary for running and establishing the
said lines.
II. And he itfurther enacted by the authority aforesaid, That the commis-
sioners hereby appointed, or a majority of them, sliall proceed forthwith in Commissioners
the business committed to them ; and they are hereby directed, when the lo report to tlie
same shall be completed, to make a full report, with a platt thereof, to the Legislature.
Legislature; and shall lodge an accurate survey of the said lines in the
secretary of state's office of Charleston district, that the same may be
placed on record.
In the Senate House, the twentietli day of Uecember, in the year of our Lord one thou-
sand eiglit liundred and eleven, and in the thirty-sixth year of tlie Independence of
the United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatives.
STATUTES AT LARGE
no. 1992. an act to pri.vt.nt any pkhsox that now holds, or who m\t
herkafter hold, thk offick of ordinary op any distict in this
State, pkom practicing as an Attorney, Solicitou or Counsel,
IN ANY OF THE CoURTS, EITHER OF LaW OR EqUITY, WITHIN THIS
State ; and fur other purposes thekein mentioned.
WHEREAS, it has been found to be inconsistent with the principles of
justice and its due administration, that any person should be allowed to
ream e. pi-^Qticp \a\v, or receive fees, either as an attorney, solicitor or counsel,
touching any matter, cause, or thing that may officially come before him
whilst he holds the office and sits as a judge of the said court of ordinary :
I. Be it therefore eyiactcd, by tlie honorable the Senate and House of
Onlinaries for- Representatives, now met and sitting in General Assembly, and by the
bidden to take .^jmljoiity of the same. That from and immediately after the passing of this
"Act, no person who now holds, or who may hereafter hold, the office ofOr-
dinaiy for any district witiiin this State, shall be allowed, whilst be holds
the said office, in his own name, or in the name of any other person or per-
sons, to receive any fee as a counsel fee, either as an attorney or solicitor.
or in any other shape whatever, concerning or touching any cause, matlcr,
thing or estate, that shall or may officially come before him as Ordinary, in
any district within this State ; otherwise than such fee or fees as now are, or
shall, or may hereafter be, allowed to such Ordinary for his services in the
execution of hisduty therein, by any Act of Assembly of this State; any law,
custom or usage to the contrary thereof, in any wise notwithstanding.
II. And he it ftirthrr enacted hy the authority aforesaid. That fromand
. immediately after the passing of this Act, no person who now holds or
law" ''"'^ "^'^ who may hereafter hold the office of Ordinary for any district within this
Stale, shall be allowed, whilst he holds the said office, to praclice law inhis
own name, or in the name of any other person, in any court of law or equi-
ty within this State ; any law, custom or usage to tiie contrary thereof, in
anywise notwithstanding.
III. And whereas, it would behighly beneficial to the citizens of Chailes-
„ J. . ton district and the State at larije, that the Ordinary of Charleston district
Ordinarv of , , , , ,, , . ^. ',..,,„.•' , ,
Charleston, should be coinpelled to attend in his said office in the same manner that
.^^'•™ fy'tsiid other public officers are compelled by law to attend; Be it therefore en-
acted liy the authority aforesaid. That from and after the first day of Janu-
ary next, it shall be the duty of the said Ordinary to give constant atten-
dance at his office every day, Saturdays, Sundays, Mondays, Christmas day,
and the fourth day of July only excepted, from nine of the clock in the
forenoon, to two of the clock in the afternoon of each day ; any law, cus-
tom or usage to the contrary thereof, in any wise notwiliistanding.
IV. And be Ji/artAcr ewa^'to/ by the authority aforesaid, That from and
immediately after the passing of this Act, and at all times thereafter, it
Ordinary to shall be the duty of the respective Ordinaries of this State, for the time
and furnish being, when applied to by any person for that purpose at their respective
copies. offices, to search and examine any book, record or paper appertaining to
any such office, as such person may require and be in want of, and to fur-
nish any such person with a copy or copies, of any part thereof, or of the
whole, of any proceeding touching any estate or estates in his care or cus-
tody as Ordinary aforesaid, and to certify the same ; for which respective
services he shall be allowed at the rale of nine cents for each copy sheet
the same may contain, and twenty-five ccnls for every certificate he shall
OF SOUTH CAROLINA. 047
so give ; any law, custom or usage to the contiary thereof, in any wise not- ^- ^- 1''"-
withstanding. '^-^-v"*-^
In the Senate House, the twenty-lirst day of December, in the ycnr ol'oiir T^ord one thon-
saml eight hundred and eleven, and in tlio tliirty-sixlh year of the Iiidtpeiidence of
the United States of Aiucriea.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatives.
AN ACT I'll PR1.VENT OBSTRUCTIONS TO THE FREK PASSAGE OP FiSH UP No. 1993.
THR RiVKR KeOWEE AND ITS WATERS.
Preamble.
WHEREAS, sundry inhabitants of Pendleton district have by their
petition to the Legislature prayed that obstructions to the free passage of
fish up the river Keowee and its waters, be removed and prevented :
L Be it therefore enacted, by the honorable the Senate and House of
Representatives, now ifietand sitting in General Assembly, and by the a"- obstructions in
thority of the same. That any person or persons who now have, or hereaf- Keowee river
ter may erect, any fish dam or fish dams, mill dam or mill dams, obstruction to'bidden.
or obstructions, any flutter wheel or flutter wheels, or any contrivance,
artifice or machinery, in the said river Keowee, wiiich is intended or
has a tendency to prevent the free ])assage of fish up the said river, shall
forfeit and pay, to any person who shall inform and sue for the same before
any justice of the peace, the sum of ten dollars for every six hours during
which such obstruction, flutter wheel, dam, contrivance, artifice or ma-
chmery shall so continue. Provided nevertheless, that if the boat sluice
through the shoals of said river, and thirty feet on each side of the dam
making the said sluice, or where the boat sluice siiall run near either bank
of said river, then, and in that case, if sixty feet from the side of the dam
making the said sluice which is farthest from the bank, shall be kept open
and free from any of the aforesaid obstructions and contrivances, nothing
herein contained shall be so construed as to prevent the erection of fish
dams or mill dams on each side of said river, so as not to contravene the
object and intentions of the aforesaid provisions.
IL And be ilfurthcr enacted by the authority aforesaid. That any person
who hath, or may hereafter erect, any fish dam, hedge or other obstruction. Certain otiier
across the creeks called Deep Creek or Conerass, or the rivers Twelve streams.
Mile or Little River, as far up each of the aforesaid streams as the first mill
now erected, shall, by the first day of March next, provide a good and sufli-
cient opening, at least ten feet wide, for the free passage of fish up the said
rivers and creeks ; and upon neglect thereof shall forfeit, and pay to any
person who shall inform and sue for the same before anv justice of the
peace, the sum of ten dollars for every twenty-four hours during which
such obstruction shall coHtinue after the time aforesaid.
HI. And he it further enacted by the authority aforesaid, That the afore-
said obstruction or obstructions, flutter wheel or flutter wheels, contrivance, Obstructions
artifice or machinery, which are or may hereafter be made to prevent the J^clared
free passage offish up the river Keowee and its waters, shall be considered
nuisances, and may be abated as such by any person or personsw homso-
ever. And this Act shall be deemed and taken to be a public Act, and
648
STATUTES AT LARGE
judicially taken notice of as such, without being specially pleaded, and
liberally construed to eft'ect the purposes aforesaid.
In the Senate House, the twenty-firsi day of December, in the year of our Lord one Uiousand
eiRht hundred and eleven, and in the thirty-sixth year of the Independence of the
United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatitis.
No. 199i. ^^ -^CT to establish certain Roads, Bridges and Ferries ; and for
certain purposes therein mentioned.
(Passed December 21, 1811. See last volume.)
No. 1995. AN ACT to incorporate the Pendleton Circulating Library Society,
the Sumpterville Library Society, and the other Societies therein
mentioned.
^Passed December 21, 1811. See last volume.)
No 1996. AN ACT discontinuing the public road leading over the Causeway at
and passing througli Willtovvn ; and establishing as a public road the
road leading by Old IJiack Mingo Ferry ; and for reviving an Ordi-
nance, passed in the year one thousand seven htmdred and ninety,
for laying open the navigation of Black Mingo Creek.
(Passed December 21, ISli. See last volume.)
No 1997. '4'^ ACT ro autuorizh and empovvek the Tkustees of tiie Wads-
woRTuvii.LE Poor School, in Laurens District, to alien and sell
certain lands tiiekein mentioned.
"WHEREAS, WilHam Burnside, Zachariah Bailey, James M'.Mahan,
„ ui James Youm' and William Laur, trustees of the Wadsworthville Poor
Preamble. „ , , . p i- • ^ t i • • i , , ■ ,
School, m the tlistrict or Laurens, have petitioned the legislature to au-
thorize them to sell, alien ami dispose of such lands as cannot be rented
or leased, and which was left by the last will and testament of Thomas
Wadsworth, deceased, for the support of a poor school in the said district.
And whereas, Henry W. Desaussure having been appointed by the will
OF SOUTH CAROLINA. 649
of the late Tliomns Wadswortli, tleceased, a trustee, to give effect and A.D. ISIl.
operation to his will for the estahlisliment of a free school, is willing aiul ^-^^^^"""'-^
has agreed that such lands, which cannot be leased or rented, may be sold ;
! in order to carry the intentions of the said testator into effect,
I t. Be if therefore enacted, by the honorable the Senate and House of
Representatives, tiow met and sitting in General Assembly, and by the Trustees em-
authority of the same. That the trustees of the Wadsworlhville Poor powered to sell
; Scliool, in the district of Laurens, and their successors in office, be, and '*"°-
they are hereby, authorized and empowered to sell and convey, in fee
I simple, to any person or persons who shall purchase the same, all or any
part of tiie lands left by the last will and testament of Thomas Wadsworth,
deceased, for the supjiort of a poor school in Laurens district, which can-
j not be leased or rented Provided, that the proceeds arising from the sale
of such lands shall be applied by the said trustees to the support of the
said poor school, in such way and manner as shall be best calculated to
carry into effV'ct the intentions of the said testator.
In the Senate House, the twenty, first day of December, in the year of our Lord one thou-
sand ei^ht hundred and eleven, and in the thirty-sixth year of the Independence of
the United States of America.
SAMUEL WARREN, President uf the Senate.
JOHN G EDDES, Sj>eaker of the House of Representatives.
AN ACT TO AL'THORIZF. THK LvTKNDA^T AND WaKDENS OF IHl; ToW.\ JJ. Iggg
OP BEAUFORr TO LAY OVT StKF.LTS ON BlACk's PoINT, IX THE
TowiM OF Beaufort ; and for other purposes therein mentioned.
T. Tie it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same. That the intendant and wardens of the town of Beaufort be, and Streets lobe
they are hereby, authorized to lay out, or cause to be laid out, such and so Black's point.
inaTiy streets on Black's point, lately incorporated with the said town, as
they, or a majority of them, may deem proper.
IL And be it further enacted by the authority aforesaid. That the damage
~\ sustained by any proprietor of a lot or lots through which any of tlie said jj^jg ^f asses-
streets may be so laid out, shall be ascertained in the following manner : sing damages,
wo commissioners shall in each case be appointed by the said intendant
ind wardens, and two by the proprietor of any lot or lots through which
iiiv of the said stieets may be run ; and in case any such pioprietor shall
efuse to appoint such commissioners on his or her part, the said intendant
md wardens may appoint two for him or her ; and the said fourcommission-
u-s shall appoint a fifth commissioner; and the said five commissioners, or
1 majority of them, shall appraise on oath the damage sustained by such
)roprietor or proprietors; which said appraisement shall be returned, under
heir hands and seals, to the intendant and wardens aforesaid ; and all
treets laid out as aforesaid upon Black's point, shall, upon the payment
if the sums of money assessed by the commissioners aforesaid, to all the
! 'roprietors of said lots, agreeably to the said assessments or appraisements,
e possessed by and vested in the intendant and wardens of Beaufort, and
heir successors in office, forever.
VOL. V._82.
G50
STATUTES AT LARGE
A. D. 1811. Ill jimi jg ,1 further enac/cdhy the authority aforesaiJ, That the inten-
'^-^^^'^"'"-^ ilant and wardens of Beaufort shall be authorized to name the said streets
so laid (Hit ; and tiie said streets shall forever continue to be kept open as
public highways,
IV. A/id be itfurtJier enac/ed by the authority aforesaid, That the inten-
Intendant and dai/l and wardens of Beaufort shall be, and they are hereby, authorized
warilens to and empowered to assess a tax, and collect the same, upon all the lots up-
on Black'' '*'' '^" J^lack's point, proporlionably to a valuation of all the said lots to be
point. made by the clerk of the town council of Beaufort upon oath, and returned
under his hand and seal to the town council, sufficient to defray one half of
the damages assessed by the aforesaid commissioners on all the aforesaid
lots ; and in case the said taxes are not paid within one month after such
ta.xes are imposed by the said intondants and wardens, then, the shtrift'of
the town of Beaufort shall issue executions against all defaulters, after
liaving given thirty days j)uhlic notice the'reof, and shall proceed to levy
the same, and sell the property of the defaulters so levied upon, on giving
thirty days public notice, subsequent to the said levy, of the said sale. Pro-
vided nevertheless, that any land holder or land holders, on said Black's
point, who may consider him, her or themselves aggrieved by anyact of the
town council herein specified, shall have no claim on the State for any loss
which he, she or they may sustain therefrom.
Repealing ^- A»-d be it further inacted by the authority aforesaid, That all Acts or
clause. parts of Acts contrary to this Act, be, and the same are hereby, repealed.
lu tlie Senate House, the twentieth day of Uecember, in the year of our Lord one tlm
sand eij;ht hundred and eleven, and thirty-sixth year of the independence of the Li
ted Stales of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaher of the House <f Rej/reienlatives.
JNo. lJy9. jij\^ ACT to .mitiiorize certain pkbsons, therein mintionld, to
CHANtiti THKIR PliESENT NAMES.
WHEREAS, John Duncan, Ann Duncan, (formerly Ann Tweed,) and
Preamble. Alexander Joshua Henry Tweed, (the son of the said Ann Duncan,) have
petitioned the legislature to change the present suruame of the said Alex-
ander Joshua Henry Tweed to that of Duncan :
L Be it therefore enacted, by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the authori-
ty of the same, That the said Alexander Joshua Henry Tweed be, and ia
hereby, authorized and empowered to change his present surname to that
"*','"' '" ''""' of Duncan ; and that he and his future issue shall hereafter be known and
distinguished in law, and in all transactions in law where he or they may
be bound or (jbliged, or wherein any person or persons may be bound or
obliged to liim or them, by no other surname than ihatof Duncan. Provided
always, and it is hereby further enacted and declared by the authority
aforesaid, That the said altcralion of the surname of Tweed to the sur-
name of Duncan, shall not in any sort destroy, prevent, or prejudice any
right or title to the said Alexander Joshua Henry Tweird, or his future is-
sue, w any of them, accrued or to accrue, either real or personal, by any!
Alexander J.
H.Tweed to
change his
OF SOUTH CAROLINA. C51
purchase, limitation, devise, gift or bequest, by the name of Tweed, in any •■*■ l^- '"".
wise howsoever ; but that he and they, and every of them, shall and may '^■^'"^'"^'^
have and take all such benefit and advantage by such descent, purchase,
limitation, divise, gift or bequest, as he or they or any of them might have
done if this Act had not been made ; any thing in this Act contained to the
contrary thereof, in any wise notwithstanding.
II. And whereas, Augustin Williams has petitioned the legislature to
change his present name to that of William Augustan; Be if f^'fi'tfore J^^^„f,^^^y^'■,^_
e«arft'(Z by the authority aforesaid. That the said Augustin Williams be, liams to tnke
and he is hereby, authorized to change his piesent name to that of William vv'ji"f„'JJ,® "'^
Augustan ; and that he shall hereafter be known and distinguished, both in Augustan.
law and equity, and in all transactions in law wherein he may be bound
and obliged, or wherein any person or persons may be bound or obliged to
him, by no other name than that ofWdliam Augustan.
III. And whereas, Willinm Owens hath petitioned the legislature to
change his present name to that of William Mellard ; Be it Htcrefore en-
acteil by the authority aforesaid, That the said William Owens be, and he £,,,5 ,0 ,^1^^, j|,g
is hereby, authorized to change his present name to that of William Mel- name of Wil-
lard ; and that he shall hereafter be known and distinguished in law and ''*'" *'''"'"'''•
equity, and ni all transactions of law wherein he may be bound or obliged,
or whereiti any person or persons maj' be bound or obliged to hitn, by no
Other name than that of William Mellard.
In the Senate House, tlie twentieth day of Decemhor, in tlie year of our Lord one thou-
sand eight hundred and eleven, and in the tliirty-sixth year ot tlie Independence of the
United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatives.
AN ACT TO ALTER THE TIME OP THK STATED MeKTING OF THE BoARD No. 2000.
OF Trustf.es of the South Carolina College; and for other
PURPOSES THIRIIN MENTIONED.
1. Be it enacted, by the honorable the Senate and House of Represon- ^;,jig ^f Ij^j ._
tatives, now met and sitting in General Assembly, and by the authority ingilie meeting
of the same. That in future the stated meeting of the board of trustees of"!^ ''j" '"'^''^'''^
the South Carolina College shall beheld and meet on the Wednesday Carolina col-'
next after the fourth Monday in November in each year, instead of the '"S^-
time heretofore established by law for the stated meeting of the said board.
n. And be it further enacted by the authority aforesaid. That no va-
cancy in the officers of the college shall be filled, uidess at the stated meet- Vacancies,
ing of the board of trustees. Provided nevertheless, that such vacancy
may be filled at any occasional meeting until the stated meeting of the
board of trustees, and no longer.
IH. And be it further enacted by the authority aforesaid. That from and
*; after the passing of this Act, the Faculty shall be, and they are hereby, re- Suspension of
quired to report the whole of their proceedings against any student who ^'"''^"'s-
' shall be suspended, together with the cause of such suspension, to the
board of trustees at their next stated meeting after such suspension ; and
' the said board of trustees are hereby authorized and empowered, upon a
Cfi-2 STATUTES AT LAKG E
A. 1). IP.II. review (if the sentence of any student, to restore such student to his stanil-
^-*''^'~^-' ing in the college, if it shall appear to the said board of trustees proper
to do SI).
In tlie Senate House, the twentieth of December, in the year of our Lord oue thou-
sand ei^ht hundred and eleven, and in the thirty-sixth year of the Independence of the
United States of America.
SAMUEL WARREN, President of /he Senate.
JOHN CtEDDES, Speaker of the House of Representatives.
No. 2001. AN ACT to raish si'ppi.iks I'oit thk year one thous\nd eight hun-
dred AND eleven ; AND FOR OTHER PURPOSES THEREIN MENTIONED.
Tax to be
raised.
Hate of taxa-
ti(m on lands.
I. Be it enacted, by the honorable the Senate and House of Repre-
sentative.s, now met and sitting in General Assembly, and by the authority
of the same. That a tax, for the sums and in the manner hereinafter men-
tioned, shall be raised, and paid into the public treasury of this State, and
for the use and service thereof.
IT. And be it further enacted by the authority aforesaid. That fifteen cents
ad valorem on every hundred dollars be paid in specie or paper medium on
all lands granted within this State, under the several regulations heie-
inafter mentioned. Class No. 1 shall contain all tide swamp of the first
quality, not generally affected by the salts or freshets, which shall be rated
at twenty-six dollars per acre ; all tide swamp of the second quality,
not generally affected by the salts or freshets, which shall be rated at
seventeen dollars per acre; all tide swamp of the third quality, not gen-
erally affected by the salts or freshets, which shall be rated at eight dollars
and fifty cents per acre ; all pine barren lands adjoining such swamps, or
contiguous thereto with respect to the benefit of water caiTiage, which shall
be rated at two dollars per acre ; all prime inland swamp, cultivated and
uncultivated, which shall be rated at an average of thirteen dollars per
acre ; all inland swamp of the second quality, which shall be rated at eight
dollars and fifty cents per acre ; all inland swamp of the third quality, which
shall be rated at four dollars per acre ; pine barren lands, adjoining or
contiguous thereto, which shall be rated at one dollar per acre ; and all
salt marsh, or inland swaniji, clearly pioved to the collectors to be incapa-
ble of immediate cultivation, which shall berated at one dollar per acre.
Class No. 2 shall comprehend all high river swamps and low grounds,
cultivated and uncultivated, including such as are commonly called second
low grounds, lying above the flow of the tides, and as high up the coun-
try as Snow Hill on Savannah river, and the fork of Rroad and Saluda rivers
on the Congarec, Graves's Ford on the Wateree, and the lioundary line on
Pedee ; the first quality to be rated at thirteen dollars per acre ; the second
quality at eight dollars and fifty cents per acre ; the third quality at four
dollars per acre; excepting such as may be clearly proved to the collec-
tors to be incapable of immediate cultivation, which shall be assessed at
one dollar per acre. Class No. 3 shall conijirehend all high river swamps
and low grounds lying above Snow Hill, and the fork of liroad and Saluda
rivers, Graves's Fold on the Wateree, and the old Indian boundary line,
which shall be rated at three dollars per acre. Class No. 4 shall conijirehend
OF SOUTH CAROLINA. 653
all high lands without the limits of St. Philip's and St. Michael's parishes, '^■^- '^'^•
within twenty miles of Charleston, and on John's Island and James's '^-^"'^'"^—^
Island, which shall be rated at four dollars per acre. Class No. H shall
comprehend all lands lying on the Sea islands, (Slann's island included,)
or lyhig on or contiguous to the seashore, usually cultivated, or capable of
cultivation, in corn, cotton or indigo, not within the limits prescribed in
No. 4, which shall be rated at four dollars per acre. Class No. 6 shall com-
prehend all oak and hickory high lands lying below Snow Hill and the fork
of Broad and Saluda rivers, Graves's Ford, and the new boundary line on
Pedee, and not included in tile limits or description of the two preced-
ing classes, numbers 4 and 5, which shall be rated at three dollars per acre.
Class No. 7 sliall include all pine baiTen lands not included in classes
numbered 1, 4 and 5, which shall be rated at twenty cents per acre. Class
No. 8 shall comprehend all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first quali-
ty of which shall be rated at one dollar and fifty cents per acre; and the
second quality at one dollar per acre ; and the third quality at forty cents
per acre. Class No. 9 shall comprehend all oak and hickory high lands above
the old Indian boundary line, the first quality of which shall be rated at one
dollar and twenty cents per acre; and the second quality at sixty cents
per acre ; and the third quality at twenty cents per acre. Class No. 10
shall include all lands within the parishes of St. Philip's and St. Michael's,
which shall be assessed in the same manner and upon the same principles as
houses and lots in Charleston, and in a relative proportion to lands in the
country.
III. And be it further enacted by the authority aforesaid, That thirty-five
cents per head shall be levied upon slaves, of all ages and descriptions ; and Rate of taxing
the sum of two dollars per head upon all free negroes, mulattoes, and * ^^'^'^' '^'
mestizoes, (except such as shall be clearly proved to the collector to be
incapable, from maims or otherwise, of providing their livelihood,) between
the ages of fifteen and fifty ; and fifteen cents ad valorum on every hundred
dollars of the value of all lands and lots and buildings within any city, village
or borough ; and thirty-five cents for every hundred dollars of stock in
trade, factorage, employments, faculties and professions, (clergymen,
schoolmasters, schoolmistresses and mechanics excepted,) — to be ascer-
tained and rated by the assessors and collectors throughout the State,
according to the best of their knowledge and infi)rmation ; to be paid
in paper medium or specie.
IV. And he il further enacted by the authority aforesaid. That all negroes
and other slaves who are employed on any lands leased by any person or y[g,,gj, e„plo,,.
persons of the Catawba Indians, shall be, and thev are hereby made, lia-ed on Indian
ble to the payment of this tax. But nothing in this Act contained shall be ''""'^•
construed to impose any tax upon the property of the estate of any religious
society, or the South Carolina Society, the Winy aw Indigo Society, or the
Fellowship Society, or of the estate of the late Doctor De la Howe, devi-
.sed for charitable purposes, and that part of the estate of the late Thomas
Wadsworth which was devised for the establishment of a school, or the Clar- Exceptions,
endon, or the High Hills of Santee, or the Camden Orphan Societies, or the
Columbia Academy, or of the lands and funds owned by the Free School
of Dorchester, the public lands held by the corporation of Charleston, or
of the lands and funds of any society applicable to education or to the
maintenance of public schools; but that no houses owned or erected on
such lands by any private individual or individuals shall be exempted from
paying taxes ihereon, at the rate of one half of their full value, to be rated
by the assessor or assessors in the respective collection districts.
654 STATUTES AT LARGE
A.D. IRII. V. And he it enacted by the authority aforesaid, That every person
^-^^^/"^-^ entitled to any taxable property or estate in this State, who resides with-
Abseiitees °'^^ ^''^ limits of tbe United States, shall, for the use of this State, pay a
triple taxed, triple tax on the same. But this clause shall not be construed to extend
to the property of any person sent, or hereafter to be sent, abroad in the
emplovraent of this State or of the United States, until one year after the
expiration or determination of bis commission ; or to the property of any
person now absent from the United States, unless such person has been
absent for one year.
VI. And he it further enacted by the authority aforesaid, That the tax
What shall bo j.Q]]g(.[Q,.g throughout this State receive no payment of taxes but in gold
taxes. or silver coin luade current in this State, the paper medium issued under
the authority of the Legislature, bank paper redeemable in the first in-
stance in gold and silver at the bank of South Carolina, the State Bank,
Union Bank, the Planter's or Mechanic's Bank, or certain certificates for
the payment of the members of the Legislature, oi the Solicitors, for their
attendance on the Legislature.
VIL And he it further enacted by the authority aforesaid. That each and
pi-opertv°to be 6very enquirer, assessor and collector shall, on their entjuiry for the return
made oil oath, of taxes of this State for the year one thousand eight hundred and eleven,
administer the following oath to all such persons as shall be liable tn pay
any of said taxes, viz: "\, A B, do solemnly swear (or affirin, as the case
may be) that the account which I now give in is a just and true account of
the quantity and quality of the lands, and the number of slaves, on the
first day of October, one thousand eight hundred and eleven, in any man-
ner whatsoever, which 1 was possessed of, interested in, or entitled to,
either in my own right or in the right of any other person whatsoever,
either as guardian, executor, agent, attorney, trustee, or in any other man-
ner whatsoever, according to the best of my knowledge and belief; and
that I will give a just and true answer, according to the best of my knowl-
edge, to all such questions as shall be asked me touching the same ; and
this I swear without any kind of equivocation or mental reservation what-
Tax on money soever." And upon the principal of every sum or sums of money at
at interest. interest, the interest of which is actually received, over and above what
each person pays on account of interest, the said enquirer, assessor or col-
lector, or assessors, enquireis and collectors, to whom the same shall be
returned, shall assess the sum of twelve and a half cents on every hundred
dollars which shall have produced an interest of seven per cent., and a
proportionable sum on all other sums of money drawing less or more than
seven per cent; to be recovered in like manner, in case of default, as the
collectors are authorized by law heretofore to do on their returns of lands
and slaves.
VIIL And he it enacted by the authority aforesaid, That in case
Money at inter- any person or persons shall neglect to make a return of his, her or their
estiiot returned jjjfjnies producing interest as aforesaid, he, she or they shall be liable to
suffer the same forfeitures and pay the same penalties as are required by
law in case of their refusing or neglecting to make a return of his, her or
their lands or slaves.
IX. And he it farther enacted, by the authority aforesaid. That tbe instal-
Tiine of pay- ments on the paper medium which shall be due on the first Wednesday in
Dor'mcdium '*"' i^Iarch next, shall not be required to be paid as directed by an Act entitled
" An Act for raising supplies for the year one thousand seven hundred and
ninety-four," but shall be paid on the first Wednesday in March, which
will be in the year of our Lord one thousand eight hundred and thirteen.
' Provided, that no person shall be entitled to the benefit of this clause
OF SOUTH CAROLINA. 655
who shall not give atlJitional security to the treasurer in Charleston, in all A.D.isil.
cases where he is not satisfied of the sufficiency of the former security, and ^--'~>^~*»-'
in all cases where default has been made in paying what has been hereto-
fore due, or which may be made in paying the interest to grow due on the
first day of INIarch next.
X. And he it furtlLcr cuactcdh^ the authority aforesaid, That the commis-
sioners of the treasury shall be, and they are hereby, re(|uired to funiish ^^ .^^ ^C ^j^j^
copies of this Act, and of I lie Act supplementary to the Act entitled "An Act to be fur-
Act for declaring the powers and duties of the enquirers, assessors and nished.
collectors of the taxes, and of other persons concerned therein," to each of
the collectors appointed by law throughout this State, within one month
after the passing of this Act, and their reasonable expenses occasioned
thereby shall be reimbursed.
XI. And he it enacted by the authority aforesaid. That from and after the
passing of this Act, all persons liable to pay any taxes hereafter to be im-
posed by any law of this State, shall, on orbefoie the first day of February ^.'^"'j.^J"^™''
in each and every year, give in a just and true return of all slaves, and antTpaying
of the quantity and quality of all lands, and monies at interest, stock in'"^^'^-
trade, factorage, employment, faculties and piofessions, as may be di-
rected and required by the said laws, which they may hold or be entitled
unto, in his, heror their own right, or in the right of any other person or per-
sons whomsoever, either as guardian, trustee, attorney, agent, executor, ad-
ministrator, or otherwise howsoever ; and shall, on or before the first day of
May ensuing, pay his, her or their taxes to the collector of that collection
district where the party making such return, by himself, his or her family,
may reside the greater ])art of the year. And that the said assessors or
collectors siiall annually pay the same, and settle their accounts with the
treasurer, on the first day of June next ensuing, so far as relates to the tax
collectors of the lower division of the treasury.
XII. And whereas, sundry borrowers of the paper medium loan have
not paid the interest due on the sums borrowed by them, and sales have been Morto-ased
made of the lauds mortgaged to secure the said loan, and the treasuiers lands bought
have bought in the said lands foi defect of bidders, and the same ''emain ^^ JJ^'^.^^^"""^
as the property of the State, unproductive ; and in other cases the property be sold.
so sold has been purchased in by the mortgagers and others, who have
not complied with the terms and conditions of the said sales ; Be it th erefore
enacted by the authority aforesaid. That the treasurers aforesaid shall be,
and are hereby, respectively authorized and directed to cause all lands
bought in as aforesaid on account of the State, and all lands purchased.
by the mortaagers or other persons whomsoever who have not complied
with the conditions of former sales of the said projierty, to be put up to
sale, in the different districts in which they lie, by the sherifls of the
said districts, on a public sale day, after giving three months notice thereof,
and shall sell the same to the highest bidder, who shall pay one fourth
of the purchase money in cash, and the remaining three fourths in one and
two years ; for the performance of which he shall give his bond and a
mortgage of the premises, and also personal security, to be apjiroved of by
the sheriff' and three commissioners, residing in such district, to be nfmi-
inated by the treasurer. Provided, no sale of the mortgaged lands shall Proviso.
take place when any person interested in the same shall, previous to the
day of sale, tender one third part of the sum due, together with the
expenses incurred.
XIII. And he it enacted by the authority aforesaid. That on all sales™ , ,
1 . ,. , 1. , ,11 1 • terms of such
made in pursuance oi the next preceding clause, anil under the authority sales.
thereof, the purchaser shall, immediately after the propetty shall be
656
STATUTES AT LARGE
Forfeiture on
not com-
plyiiis; with
the terms of
such sales.
Terras of sale
when lands
are re-sold.
Defaulters lia
ble for any
deficiency by
such sales.
Transient
poor fundn
kiiocketl off to him, pay into tlie bands of the sheriff making the saiil sale
a sum which shall at least be equal to ten per cent, upon the amount of
his purchase, towards the payment thereof; and if he should fail or ne-
glect to make such payment, tbe slieriff shall immediately set up the same
property foi public sale, upon the spot ; and shall not, upon such re-sale,
or any other sale of the same property made by virtue of this Act, receive
the bid of the first purchaser or his agent. And the sheriff shall, in all
his advertisements of the property sold by virtue of this Act, on account of
the paper medium loan, give notice thai he will require the payment of
the said ten per cent. ; to the end that no persons inclined to purchase at
the said sales may be ignorant thereof.
XIV. And he it. enacted by the authority aforesaid. That if any pur-
chaser, after paying the percentage aforesaid, shall fail or neglect to
comply with the terms of sale, all money so paid shall be forfeited to
the State ; and shall be applied first to pay the costs and charges accrued
or due upon tbe said sale, and the surplus, if there shall be any, shall be
paid into the treasury of this State, in aid of the revenue thereof.
XV. And be if further enacted by the authority aforesaid. That if any
person shall, at any re-sale made by the sheriff on account of the first or
any former purchaser having failed or neglected to pay the percentage
aforesaid, or to comply with the terms and conditions of the sale, such
purchaser shall be bound by his purchase, and shall comply with this
Act, and the terras and conditions of such re-sale, and shall not be al-
lowed to say or pretend that he bought the same as agent for the first or any
former purchaser. Provided, that it shall be publicly proclaimed by the
crier at such sale, that the same was to be on account and risque of
the first ov some former purchaser; and that the conditions and terms of
the sale shall, in like manner, be proclaimed by him immediately before the
property is set up.
XVI. And/>eitf//rt//er enacted hy tbe authority aforesaid. That incase of
any re-sale ni;ide under the authority of the preceding clauses of this Act, on
account or by reason of the non-payment of the ten per cent, hereby required
to be paid, or on account of the non-performance of the conditions and
terins herein before prescribed, the person or persons for whose default the
said re-sale shall be made, shall be, and he, she and they is or are hereby
declared, liable for any deficiency which may happen between the first and
any subsequent sale of the said property ; and the treasurers are hereby
authorized and directed to commence suits for the recovery of any such
deficiency.
XVII. And he it further enacted by the authority aforesaid. That it shall
be the duty of the ta-v collectors of this State to make, on the first Monday
in August next, to the commissioners of the poor, in the parish or dis-
trict in which any poor tax shall be by the said tax collectors res])ectively
collected, a return of such poor tax, in the like manner as they make
returns of the public tax to the treasurers uf this State. And it shall
also be the duty of the said tax collectors to make a duplicate return to
the comptroller general of the amount of the tax so collected and paid to
the commissioners.
XVIII. And he it enacted by the authority aforesaid, That the comptrol-
ler general be, and he is hereby, required and directed annually to cail
on the treasurer of the City Council of Charleston to render an ac-
count on oath to him of the application of such monies as are appro-
priated for the transient poor, and for other purposes ; and that the ac-
count so rendered be laid before the Legislature.
XIX. And be it enacted by the authority aforesaid. That the several
OF SOUTH CAROLINA. 657
tnx collectors in each fiscal division of the State shall exhibit, in some A.D.lsii.
column of his return, the number of acres of land lying within their re- "^■^'"^''"^^
siiective divisions, and the number of acres lyino- elsewhere, and for which™ „
1 11 1 • 1 1 ■ iM 1111 1 •! ■ • 1 1 l"'' collectora
taxes shall lie paid them ; in like manner they shall exIiiLiit in other columns lo return prop-
the number of negroes in their respective divisions, and of those else- Erty lying in
where, and where, on which taxes shall be paid them; and in other separate f„,.'^l„J.*l,'^J°^"g^g
columns exhibit the amount of taxes in their respective divisions, on every are paid them.
ilitferent article taxed by law ; and the treasurer of each division, and the
comptroller, shall preserve these columns in their aggregate of taxes to be
laid before the next Assembly.
XX. A/id he it enacted by the authority aforesaid. That the tax collectors
fur the parishes of St. Philip's and St. Michael's, shall, on the first Monday „
it^*-i^T IT - 1 1 1. Keturn to be
ill the months or April, JMay and June, in each and every year, make the made by tax
f )llowing return to the treasurer of the lower division, " I, A B, do solemn- collectors.
ly swear (or afiinn, as the case may be,) that the sura of dol-
lirs, by me now paid, is all the money which I have received on account
of the general tax, since my last leturn." And on the first Monday in July,
ill each and every year, the said tax collectors for the parishes of St. Philip's
and .St. Michael's, and each and every tax collector in the upper division
oftlie treasury of this State, and on the first !\Ionday iu June, in each and
every year, each and every tax collector in the lower division of the trea-
sury of this State, shall complete and finally close theirseveral and respec-
tive returns, by paying the full balance which may have been received
by him or them, producing to the treasurer of the upper and lower divi-
sions of the treasury of this State, respectively, the sherifls's receipts for
all executions lodged by them against defaulters ; and if the sheriff's's re-
ceipts, so produced, shall not satisfactorily account for the full balance due
on the said return, then, and in such case, the treasurers in each division
respi ctively shall be, and they are hereby, directed to enforce the means
pointed out by the Act entitled "An Act declaring the duties and powers
of the enquirers and assessors of the taxes, and other persons concerned
therein," passed in the year of our Lord one thousand seven hundred and
eighty-eight. And the said several tax collectors, upon closing their said
returns, shall respectively take tlief )llowing oath or affirmation, to wit : " I, y^p„ ^y ,'|,g
A. B., do solemnly swear (or affirm) that the return which I now make is a coUccto'is.
just and true return of all the taxable property made for the collection dis-
trict of , and that the sum of dollars, by me now paid, is the
whole of the monies I have received f )r the general taxes of the said dislrict,
since my last return;" which oath or affirmation the treasurer shall im-
pose, and cause lo be endorsed on the said return.
XXL And lie it enacted by the authority aforesaid, That the comp-
troller general be, and he is hereby, required and directed annually to call Commissioners
on the several boards of commissioners of public buildings, and boards ofJj[„S"3„j ,•„"
commissioners for clearing, opening and rendering navigable the seve- lanS navigation
ral rivers and creeks in this State, to render an account to him, on oath '"''^conntto
r- .1 V • £■ 1 • • 1 ^ I • ^'"6 Comntrol-
01 the application ot such monies as are appropriated fiir the erection of i r.
public buildings, or clearing, opening and rendering navigable the several
rivers and creeks of this State; and the accounts so rendered shall be laid
before the legislature.
XXIL And be it further enacted by the authority aforesaid. That it shall
be the duty of the commissioners of the poor, and the commissioners of Commissioners
the roads, in the several districts and parishes within this State, by their of t''^ poor and
secretary or treasurer, to render on oath to the clerks of the circuit courts ^J.Jo„n',°o''tl,e''
in their respective districts, on or before the first Monday in Septem- clerks of
ber in every year, a correct account of all monies received by them, and "^o""^-
VOL. v.— 83.
6r)8 STATUTES AT LARGE
A. II. 1811. [i,p manner in vvliicli the same liave been applied ; and it sliall be the duty
^-'^''•■''''''-^ of the clerks of the said courts respectively to transmit certified copies
thereof to the comptroller-geneial, to be by him laid before the Legisla-
ture. And in case the commissioners shall fail to make their returns
as required aforesaid, they shall respectively, as a board, forfeit and pay
the sum of one hundred dollars ; and the clerks of the lespective courts
shall, on failure of maknifl; the aforesaid returns, also forfeit and pay the
sum of one hundred dollars ; the aforesaid penalties to be recovered, in
any court of law having C(jmpetent jurisdiction, by action of debt. And it
.shall be the duty of the attorney-general and solicitors, in their respective
circuits, to enquire of the clerks of the respective district courts whether
the aforesaid commissioners of the poor, and commissioners of the roads,
have made their returns to the clerks as aforesaid ; and enquire of the comp-
troller-general whether the clerks of the respective courts have made the
leturns above required ; and in case the commissioners and clerks as afore-
said have not made their returns as above directed, then the attorney-gen-
eral or solicitor, as the case may be, is hereby directed and required to
sue for, and recover on behalf of the State, the penalty which is by this Act
declared.
XXIII. And he it further enacted by the authority aforesaid, That the
Names of comptroller-general shall publish in the Carolina Gazette a list of such
defaulters to be commissioners and clerks as have neglected to make their returns as above
published. required, for the last year ; and provided that the said commissioners and
clerks do not make their returns on or before the first day of September next,
it shall be the duty of the attorney-geneial or solicitors, as the case may be,
to sue fur and recover the penalties to which they have been heretofore
declort-d liable; excepting the commissioners of St. Philip's and St. Mi-
chael's parishes, who shall account to the City Council of Charleston as
heretofore.
XXIV. And he it further enacted h-y the authority aforesaid, That each
and every tax collector shall pay to the commissioners of the poor, on the
Tax collectors fii-gt Monday of August in every year, all the monies which have been or
mentVo*'t'?ie*^" ™*'y '"^ collecled by them for the use of the poor, to the said commissioners
roinmi.ssioners or their treasurer, except when such monies have been otherwise appro-
"' '""^ l>o''r. piiated by law, under the penalty of the forfeiture often dollars for every
day they may fail in so doing ; tt> be recovered in any court of law having
competent jurisdiction, to go to the use of the poor of the said district
or parish wherein said defaidt shall be coinmitted.
XXV. And. he it enacted by the authority aforesaid, That it shall be, and
is hereby declared to be, the duty of the comptroller general, as speedily
Names of all g^ j|^g same can be done, to make out, from the returns of the tax collec-
liersons who . ,,,,-, , . , i t ■
pay tax to be tors, and transmit to the clerks oi the several courts in the several districts
transmitted to of this State, the names of all persons who shall have made returns for the
courts. year 1810, together with the tax paid by the said parsons, to the end that
the persons paying such tax may have an opportunity of comparing their
receipts with the same. And it shall be the duty of the clerks of the said
courts, on application of any person for an inspection of the said statement
so transmitted to him by the comptroller general, to produce the same ;
and in case there shall appear a difference between the comptroller's
report and the receipt of tax paid by such person, the clerk thereupon
shall report the same to the legislature ; and in case any clerk sliall ne-
glect or refuse, without reasonable excuse, to exhibit the same, when
demanded in office hours, by any person or persons paying a tax in the
said district, he shall be subject to a penalty of ten dollars, to be recovered
in any couit having competent juri-sdiction ; one half to the informer, the
OF SOUTH CAROLINA. G59
other to the treasury of this State. And the comptroller general, for this ^■^- ""'•
service thus required of him, shall receive the sum of two hundred dollars. ^•^'■''''"^~'
XXVI. ^4«(? 6e (V /)//■?/;£■/■ c/jac/ffZ by the authority aforesaid, That it shall
be the duty of every tax collector to specify in words, at full length, the pajj |oi,e spe-
sum paid by every person for his general tax, distinguishing what every ciiied in words,
person may pay f jr poor, or bridge tax, in the receipts to be given by ev-
ery tax collector to those persons who may pay a tax to him.
XXVII. And be it farther enacted by the authority aforesaid, That it shall
be the duty of the attorney-general, and each of the solicitors of the ^^'^'- y^ianAsoftx^'
ferent circuits, to certify to the comptroller-general, on or before the first tors to account
Monday in October in every year, the fines and forfeitures which have been '""'"^ comp-
had or inflicted by the courts upon his circuit, within the year next prece-
ding the day aP)resaid ; and that it shall be the duty of each of the cleiks
of the several circuit court districts, to return to the ciMnptroller general,
on or before the same day in every year, an account, upon oalli, of all the
fines and forfeitures inflicted, had, or received within his district court, of
the manner how appiopriated or remitted, and to pay over to the in. a-
.surerof the State the balance in hands on that day; that in case of failnie
of any clerk to render such account, he shall forfeit and pay the sum of
two hundred dollars, to be I'ecovered in any court having competent juris-
diction ; and it shall be the duty of the comptroller general to direct the
attorney-general or solicitors, as the case may be, to sue for and recover
the aforesaid sum, of such clerk as shall fail to render such account.
XXVIII. And be it enacted by the authority aforesaid, That should Penalty for not
the said attorney-geneial or solicitors not perform the duty required by peflormmg
the aforesaid clause, they shall be subject to the penalty of one hundred "^ ^'*'
dollars, to be recovered in any court having competent jurisdiction.
XXIX. A7id be it further enacted by the authority aforesaid, That from
and after the passing of this Act the clerk of every circuit court in this
State shdl be authorized, and is hereby required, to draw an order on The Acts o(
and send an express to the treasurer at Columbia or Charleston, which Assembly to be
ever place may be nearest to the court house i^f said district, for so manycierksof
copies of the Acts of the Legislature as the said district may be entitled to courts.
by law ; and the said clerk shall deliver, upon application, to each p^^rson
in said distiict who may be entitled to the same, one copy of said Acts ;
the person who rides the said express shall receive three dollars for every
forty miles he shall ride in going to and returning upon the said service.
XXX. And be it further enacted. That it shall be the duty of
the printer for the State to have the said Acts printed on or before the Acts to be
fifteenth of February, in each and every year hereafter, and the clerk P5'','"''!.''\ '''"
c J- . ■ . . L 11 1 ^1 e -1 1 1 lothofFebiua-
oi every district court sriall draw the aioresaid order on the treasurer rv.
as aforesaid, and have the said Acts in his possession for distribution
on or before the tenth day of March in each and every year hereafter.
XXXI. A7id be it further enacted by the authority aforesaid, That no
commissioners of the poor or of the roads shall be liable to any forfeiture by ,v^r"l!,"f°'l
. ^ , , i-ic ironi lorieiture.
reason of their not having made their returns at the time heretofore pre-
scribed by law, provided they have made their returns at any subsequent
time in each year.
XXXII. And. be it further enacted by the authority aforesaid. That the
comptroller general be, and he is hereby, directed to stay pioceedings Proceedings
against William H. Wigg, as executor of his father's estate. Provided, ^vYH''^|';^"g^_'
William H. Wigg, as executor of his said father, shall give full and ample
security for the payment of the amount of the judgirient against him, as
executor aforesaid ; and provided also, this indulgence be not so construed
as to destroy the lien of the judgment, and of the execution or executions
660 STATUTES AT LARGE
A. D. lUll. issued against the property of the said father of the said Wilham H. Wigg,
^^^"''"^^ or against tlie property of the said William H. Wigg, as executor of his
F. Bumar and father ; and that the comptroller general be, and he is hereby, authorized
"""^''''' to extend the same indulgence to Francis Buinar, and the other securities
of Daniel Doyley, late treasurer of the State.
XXXIII. And be it further enacted by the authority aforesaid, That the.
comptroller general be, and he is hereby, authorized and required to sus-
Proceedinsfs pend all proceedings at law or otherwise against Elias G. Jourdon and
stayed against Stephen Baldy, securities of Thomas Hamilton, late a collector of taxes
and^s/BaMv" ^'"' ''^^ Polish of St. Peter's. Provided, that the said Elias G. Jourdon
and Stephen Baldy shall, within two months from the passing of this Act,
make and execute a bond, with security to be approved of by the said
comptroller, payable to the treasurers of the State, for the use of the State,
for such balance as may appear to be due by the said Thomas Hamilton,
by two Hqual annual instahnents, to commence on the first day of Febru-
ary, in the year of our Lord one thousand eight hundred and thirteen. .
XXXI V. And be it further enacted by the authoiity aforesaid, That the
conritroller-general be, and he is hereby, authorized and required to sus-
Richard Winn.p^jjj] j,][ f^,thg,. proceedings at law against Gen. Richard Winn : Provided
the said Richard Winn shall, within six months after the passing of this
Act, make and execute a bond, with security to be approved of by the said
comptroUer-geneial, payable to the treasurer of the lower division as com-
missioner of the loan office, for the amount of the judgement lately ob-
tained against the said Richard Winn ; one moiety whereof to be paid on
the first day of June next, and the residue on the first day of April, ui the
year one thousand eight hundred and thirteen, with interest thereon from
the date of the said bond.
XXXV. And be it further enacted by the authority aforesaid, That the
MUling"^^ comptroller-general be, and he is hereby, authorized and required to sus-
pend the proceedings against Hugh Milling : and that the said Hugh Mil-
ling be permitted to pay his debt to the State by two equal annual instal-
ments, to commence on the first day of January in the year one thousand
eight hundred and thirteen : Provided, that an execution upon the said
judgement be lodged in the sherift''s office of Fairfield district.
In the Senate House, the twenty-first of December, in the year of our Lord one thou-
sand eight hundred ami eleven, and in the thirty sixth year of the Independence of
the United States of Anierica.
SAMUEL WARREN, President of the Senate.
JOHN GEDDE.S, Speaker of the Houae of Representatives.
No. 2002. AN ACT to m\kh Appkoi>iu\tions for tuk vem; onf. tiiousind fight
HU.NDKIiD AND FI.EVIiN.
I. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
Annrooriations '''® same. That the following sums be respectively appropriated for the
salaries of the public officers, and other expenses and purposes of govern-
ment.
For the salary of the Governor, two thousand five hundred and seventy-
two dollars.
OF SOUTH CAROLINA. G61
For the salary of the Secretary of the Governor, four huiiJred and thir- A. n. 1811.
ty dollars. s^^-v^>^
For the salaries of six Judges of the courts of common pleas, each
two thousand five hundred and seventy two dollars; in the whole, fifteen
thousand four hundred and twenty-eight dollars.
For the salaries of five Judges of the Courts of Equity, twelve thousand
dollars.
For the salary of the Attorney General, for giving advice to the Gover-
nor and other public officers, in matters of public concern, as a full re-
compense for the discharge of all public duties incident to his office as
Attorjiey General, one thousand dollais.
For the salaries of four Circuit Solicitors, in lieu of all charges against
the State, for the performance of every public duty appertaining to their
respective offices, each five hundred dollars ; in the whole two thousand
dollars.
For the salary of the Comptroller-general, two thousand five hundred
dollars.
For the salaries of the Comptroller-general's clerks, and the stationary
requisite for his office, one thousand six hundred dollars.
For the salary of the Treasurer of Charleston, and for transacting the
business of the loan office, and clerks, two thousand six hundred and fifty-
eiglit dollars.
For the salary of the Treasurer in Columbia, including clerks, two
thousand dollars.
For Lyon Levi, while he continues clerk in the treasury office, in ad-
dition to such salary as shall be allowed him by the treasurer, four hundred
dollars.
For the salary of the Clerk of the Senate, and the Clerk's salary of the
House of Representatives, each twelve hundred and thiity dollars ; in the
whole, two thousand four hundred and sixty dollars.
As a compensation for the Clerk of the Court at Columbia, one hundred
and forty dollars.
As a compensation to the commissioner in equity, for his attendance on
the Court of Appeals in equity at Columbia, one hundred dollars.
As a compensation for the Clerk of the Court of Charleston, one hundred
and forty dollars.
As a compensation to the Sheriff' of Richland district, for attending the
Constitutional Court and the Court of Equity at Columbia, one hundred
dollars.
As a compensation to the Sheriff" of Charleston district, for attending
the Constitutional Court and Court of Appeals at Charleston, one hundred
and fifty dollars.
For the keeper of the State House at Columbia, one hundred and
thirty dollars.
For the salary of the Adjutant General, fifteen hundred dollars.
For the salaries of nine Brigade Inspectors, each two hundred and six-
teen dollars; in the whide, one thousand nine hundred and forty-four
dollars.
As a compensation for the Arsenal keeper and powder receiver, in the
city of Charlestoij, three hundred dollars.
For the salary of the Port Physician of Charleston, for boat hire and all
other expenses appertaining to said office, one thousand dollars.
As a compensation for tue Arsenal keepers and powder receivers for
Abbeville, Camden, Georgetown and Beaufort, each fifty dollars — in the
whole, two hundred dollars.
662 STATUTES AT LARGE
A. D. 1811. For the contracts of the State Printer, a sum not exceeding fifteen hun-
'^-^'"^'"^"^ dred dollars.
As a compensation foi the Pilot of the bar and harbour of Georgetown,
three hundred and twenty-two dollars.
As a compensation for the Pilot of the bar and harbor of Beaufort, three
hundred and twenty-two dollars.
For Annuities, seven thousand dollars.
For the Transient Poor, payable to the City Council of Charleston, four
thousand two hundred and eighty dollars.
For the salary of the keeper of the Lazaretto of the port of Charles-
ton, five hundred dollars.
As a contingent fund subject to the Governor's draft, he submitting an
annual account of the expenditure thereof, six thousand dollars.
For the expenses of the Members of the Legislature at their present ses-
sion, and pay of the Solicitors for their attendance, thirteen thousand five
hundred dollars ; if so much be necessary.
As a compensation fiu two Doorkeepers to the Legislature, each two
hundred and sixteen dollars — in the whole, four hundred and thirty-two
dollars.
As a compensation for two Messengers, each two hundred and sixteen
dollars — in the whole, four hundred and thirty-two dollars ; to be paid at
the adjournment of the legislature.
For rent of the Governor's house at Columbia, two hundi-ed and fifty
dollars.
For aid in supporting the transient poor in Georgetown, the sum of
five hundred dollars, to be paid to the commissioners of the poor of
Prince George, Winyaw, to be laid out and expended by them for the use
of the transient poor ; the said commissioners to publish annually, in the
Georgetown Gazette, the names of all such transient poor, and ihe sum laid
out for each, as may have been relieved by this fund ; an account on oath to
be returned to the comptroller, and by him submitted to the legislature.
Fjr the discharge of the contingent expenses of the upper division, a
sura not exceeding six thousand dollars.
For the discharge of the contingent expenses of the lower division, a
sum not exceeding six thousand dollars.
IL And be it farther unacted by the authority aforesaid. That the pay
Magazine heremafter to be provided for the support and maintenance of the maga-
guard. 2jne guard shall be restricted to that of an officer, sergeant, and six men ;
and that the sum of two thousand two hundied dollars be appropriated
for the payment of the said guard, under the directicm of the comptroller
general.
For building a house or houses for the accommodation of the professors
of the South Carolina college, eight thcuisand five hundred dollars ; the
said sum to be subject to the draught of the board of trustees.
in. And be it further enacted by the authority aforesaid, That the treasurer
Paper medium of the lower divisiiui of the treasury, under the direction of the comptroller
to be burnt. general, and in his presence and in the presence of the Governor, Presi-
dent of the Senate, Speaker of the House of Representatives, and any
three of the Judges of the Courts of Law or Equity, or in the presence of
a majority of the persons above named, shall, as soon as convenient af-
ter the passing of this Act, cause all the paper medium of this State, now
in the treasury, or that may be received previous to the next sitting of
the Legislature, provided that the same shall not exceed of two thou-
sand and sixty-one dollars, to be burnt; and to report to the Legislature
the amount of the medium which may be burnt.
OF SOUTH CAROLINA. 663
IV. And be it further e/iacted by the authorily aforesaid, That the A. D. 1811.
treasurers, on i-eceiving any monies from the tax collectois, or any other per- ^^"^'^""^^
sons, shall give him or her two receipts for the same ; and in case any trea- j^,„ \^.g ^^_
surer shall neglect to furnish such persons with two receipts as aforesaid, ceipts.
he shall forfeit and pay a sum not exceeding two hundred dollars, nor less
"than fifty dollars; to be recovered, in any court having jurisdiction there-
of, by the comptroller general.
V. And be it further enacteil by the authority aforesaid, That the sum of
two hundred and fifty dollars be, and is hereby, appropriated as a compen-
sation to D. & J. J. Faust, for printing extracts of the journals of the
Senate.
To defray the expenses of the quota of militia of this State, if called for
and ordered to be encamped for training, seven thousand dollars.
As a compensation to the Rev. Doctor Mdls and the Rev. Mr. Judge, for
performing divine service during the present session of the Legislature,
two hundred dollars.
VI. And be it further e»(7rfp(Z by the authority aforesaid, That the sum
of twelve hundred dollais be, and is hereby, appropriated for the salaries Salaries of two
" two tutors in the South Carolina College ; and that the sum of sixteen ^""11^^^"
hundred dollars be, and the same is hereby, appropriated as a salary for the
professor of chemistry and natural philosophy in the said college.
VII. And be it further enacted by the authority aforesaid, That so much
of the money in the treasury as is unappiopriated by law, be, and the
saine is hereby, appropriated for the purchase of the debt of this State; Debt of this
and that the President of the Senate, Speaker of the House of Representa- purchased,
lives, John Johnson, Jr., Thomas Bennett, Jr., Edmund M. Phelon and
James Carson, be, and they ate hereby appointed, commissioners, who, with
the comptroller-general, they, or a majority of them, are hereby authorized
and directed to cany the same into effect.
VIII. And be it further enacted by the authority aforesaid, That the
aforesaid commissioners are hereby directed and required to advertise in
one or more of the Gazettes in the city of Charleston, the authorities so
vested in thetn for the purchase of such funded debt of this State.
IX. And be it further enacted by the authoiity aforesaid. That in case
any of the holders of the public stock of this State shall refuse, on a])pli-
cation of the comptroller-general, to sell the same to the State at par, it
shall, and is hereby declared to, be the duty of the comptroller-general, and
he is hereby authorized and empowered, to cause the amount of such stock,
with the interest calculated thereon, to be tendered to the said stock hold-
ers ; and in case the said stockholders shall refuse to sell or suffer the
same to be redeemed at par, then and in that case, the interest shall cease
from the day the said tender was made.
X. And be it further enacted by the authority aforesaid, That the sum of
thirty-seven dollars and twelve cents be, and the same is hereby, appropri-
ated as a compensation to John Lewis, for attending Beaufort court as a
witness.
As a compensation to Samuel Wilson, for a negro drowned in clearing
out obstructions in the navigation of Black river, four hundred dollars.
As a compensation to James Gibson, for a negro executed, one hundred
and twenty-two dollars, and foity-two cents.
As a compensation to Sergeant John Bowen and four men, forgtiarding
Abbeville gaol, in the year one thousand eight hundred, thirty dollars.
As a compensation to Harrison Brandon, for carrying an express from
the managers of election of Union district, twelve dollars.
As a compensation to John Lide, executor of Andrew Smith, late sheriff
664
STATUTES AT LARGE
of Chesterfield, for dieting a prisoner and guard, one hundred and twenty-
seven dollars, twelve and a half cents.
For medicine and attendance on prisoners in the year one thousand
eight hundred and nine, to Dr. Freeborn Adams, sixty-nine dollars, fifty
cents.
To Dr. Hugh M'Burnie, thirty dollars, ninety-nine cents.
To Dr. Edward Fisher, seven dolhirs fifty cents.
XI. And he it fiirthfr enacted by tlie autiionty aforesaid, That the fol-
lowing sums be, and the same are hereby, appropriated for the repairs of
the court houses and gaols hereinafter mentioned.
For the court house of Georgetown district, eight hundred dollars.
For the court house of Marion district, three hundred and fifty dollars.
For the court house and gaol of the district of York, five hundred
dollars.
For the court house of the district of Union, two hundred and fifty
dollars.
For the gaol of Edsefield district, one hundred dollars.
For the gaol of Greenville district, two hundred dollar's.
For the gaol of Chester district, a sum irot exceeding two hundred
dollars.
To Alexander Kincard, on account of interest money due him, seventy-
five dollars, forty-five cents.
For Charles Miller, sen. four hundred and twenty-eight dollars fifty-
seven cents, for arrears of his pension allowed .since the year ninety.
For William Stroud, eighty-five dollars and seventy-two cents, for
arrears of pension allowed since the year eighteen hundred and eight.
For Robert Boyd, forty-two dollars and eighty-six cents, for arrears
allowed since the year eighteen hundred and nine.
As a compensation to the Rev. William Knox, for preaching a session
sermon at Williamsburgii court house, March term, eighteen hundred and
ten, twelve dollars and eighty-five cents, to be paid out of the fines and
forfeitures.
For John Miller, one hundred and fifiy dollars, as a compensation for
land granted to him by the State as a bounty, but never obtained.
XII. A.nd be it further enacted, That the sum of three thousand dollars
be, and the same rs hereby, appropriated for the finishing and completion
of the goal of Georgetown, to be paid to the order of the comnrissionei's
for superintending the burlding of the said goal.
Id llie Senate House, tlie twenty-firstday of December, in theyearof our Lord one thousand
eight hundred and eleven, and in the thirty-sixth year of the Indejtcudence of the
United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GE DDES, Speaker of the House of Representatives.
No. 2003. .4.V ACT prescribijng, on the part of this State, the times, pi.achs
AND MANNER OF HOLDING ELECTIONS FOR R |;PUI:SI-:NTATIVES IN THE
Congress of the United States.
Preamble. WHEREAS, by the census of the inhabitants of the United States,
taken in conformity with the Constitution thereof, and the Act of Congress,
OF SOUTH CAROLINA. CC;"
this State is enlitled to send nine members to tlie House of Repiesenta- ■'^ I).lUl-2.
lives -jf the United States, at the next Congress : v.^'-v^.^
I. Be it fherefore enacted, by the hoiiorahie the Sinate and House of
Representatives, now met and sitting- in Gemial Vssemblv, and liv the „, ,.
I ■ /• 1 rrii I ■ ^t , 1-1 I T ■' 1 1 • ^ ■ t-kcuon dia-
aiitlioi-uy of the same, lliat this Slate be, and is heteby, divided into nine ,,.;(. is.
districts, for tlie purpose of electing representatives from this Slate to the
Congress of the United States; ijf which the district if Charl<-ston, exchl-
slve of St. Jolin's, Colleton, and St. Andrew's, shall form one district ; that
the united districts of Colleton and Beaufort, incliuling the paii'^hes of St.
John's, Colleton, and St. Andrew's, shall constitute one di^lritt; that the
united distiicts of tTeorgetown, Hoiry, Marion, Marlborough, Wiiliams-
burgh and Darlington, shall constitute one district ; that the united dis-
tricts of Barnwell, Orangehurgh, Lexington and Kichland, shall form one
district ; that the united districts of Fairfield, Newbeiry and Laurens,
shall form one district; that the united districts of Edgefield and Abbe-
ville, shall form one district ; that the united districts of Pendleton and
Lrreenville, shall form one district ; that the united flistricls of Sjiartail-
buigh. Union, York and Chester, shall form one district ; and the united
districts of Lancaster, Kershaw, Sumter and Chesterfield, shall foim one Eacli district
district; and each of the said districts shall send one representative to f he |.° *""''' ""j-^
House of Representatives of the United Stntes, whfi shall he chosen by to C'ojigrcss.
the persons qualified to vote for meml)ers of the House of Representa-
tives of this State.
H. A?t I he it farther enacted by the authority aforesaid, That the elec-
tions of representatives from this State to Congress shall be held at the
same times and places, and be regulated and ciiiducted by the same nian-^i,,.^ xo^&
agers, and in the same manner, as the elections of members of the State held.
Legislature; and the person who, at any of the said elections, shall have
the greatest number of votes in any of the said districts, shall be the mem-
ber fjr that district, to the House of Representatives in the Congress of
the United States, from this State.
IH. And be it further enacted by the authority aforesaid, That the
respective managers of the several election districts aforesaid shall, within Ballots to bs
twenty days after each and every election for representativesin Congress, j^'^"' '" Colum-
transinit the ballots by them respectively taken to Columbia, safely and
securely enclosed in paper, sealed with their seals, and directed to the
Governor or Commander-in-chief of this State, or to the Secretary of this
Slate, by a person by them to be employed particularly for that jiurpose,
who, at the time of receiving the said packet, shall take an oath before some
magistrate, " safely to convey and deliver such packet, agreeably to the
directions, (sickness and unavoi<lable accidents excepted) ; and in case
of sickness, that he will deliver the same, in good order, and the seals un-
broken at the time of such delivery, to some other person, to be conveyed
to Columbia." And the Governor, or the Secretary of Slate, as the case
may be, on the receipt of any such packet shall cause to be administered
to the person delivering the same, the following oath, viz : " 1, A B, do
solemnly swear (or affirm, as the case may be) that the paper or packet
now delivered by me, with the contents, were [)!aced in my hands by the
managers of the election district of , (or by , in case he has
received the same from the messenger first entrusted,) and that the said
packet has not been delivered out of ray custody to any person since the
same was delivered to me, nor has the said paper or packet been opened
by me, or any other person, to my knowledge, or with my connivance or
consent. So help me God." Which paper or packet, so delivered, shall
VUL. v.— 34.
066 STATUTES AT LARGE
A.U. li>li. \,f. received by the Governor, or Secretary of State ; and the several per-
^"^'"^''"^"^ sons who shall 1)6 employed in conveying the said packets to Columbia,
from the several election districts in this State, shall be entitled to receive,
and shall be p;iid, three dollars per diem, for coming to and going from
Columbia, allowing forty miles for each day's journey.
IV. And be it further enacted by the authority aforesaid. That the
Votes to be Governor or Commander-in-chief for the time being, or, in case of his sick-
conmiissio'iiers. "ess, death, or absence, the Lieutenant Governor, on every first Monday
in December next after each succeeding election, shall cause the said
returns to be publicly opened, examined and counted in his presence, at
Columbia, by three or more commissioners, to be by him, and under his
hand and seal, appointed for that purpose; and shall ascertain the number
of votes given at the different elections, for every person, and what nine per-
sons shall havi', respectively, the greatest numberof the votesinthe said sev-
eral districts, and shall then deposit the oi iginal poll of each of the said nine
districts in the office of the (Secretary of State ; and after having ascertain-
Elections lo be ed what nine persons have been elected, as before directed, he shall notify,
proclaimed b> by proclamation, that those persons have been duly elected members of
the Governor, [hg Hijuse of Representatives in the Congress of the United States, from
this State : Provided, that if both the Governor and Lieutenant Governor
shall be absent from Columbia, the Secretaiy of State, together with three
commissioners, to be appointed as herein before directed, shall and may
open and count the votes, and ascertain the nine persons elected as afore-
said, and transmit the result thereof to the Governor, or, in case of his
absence or death, to the Lieutenant Governor, to be notified by proclama-
tion as aforesaid : Provided, that the three commissioners, to be appoint-
ed as aforesaid, shall, in all cases, before they proceeil to act in the premi-
ses, take an oiith before some magistrate, " That they will faithfully and
impartially, and to the best of their skill, discharge the duties required of
them by this Act."
V. And he hfurthrr C7iacted, That the managers of the .said elections be.
Duty of tlie and they are hereby, required, the next day after the poll shall be closed,
managers. [^ count over, in a public manner, the ballots which shall be given in the
lespective election districts, for the respective candidates or persons bal-
lotted for ; and the said managers shall keep an account, iu writing, of the
number of votes which each candidate shall have, and shall also transmit to
the Governor, with the ballots, a duplicate of such account.
VL And be it further enacted. That in case the same person shall be
Persons elect- returned for two or more districts, he may, within twenty days after Awe
ed for two or notice shall be given him thereof, choose for which district he will serve :
more disti lets , P i i • ■ • , • i ■ i • i
to make choice, and on his making such choice, or neglecting so to do, within the said term,
the Governor or Commander-in-chief shall direct another election to be
held within twenty days thereafter, for the vacant district or districts, to be
conducted as is before directe<l by this Act. And the Governor or Com-
mander-in-chief shall proceed in the same manner where the member elect-
ed in any of the said election districts refuses to serve, or omits to signify
to the Governor or Commander-in-chief, within twenty days after he has
leceived due notice of his election, his intention of serving. And in case
of the death of any person elected, or if his seat shall become vacant by
any other means, or if two or more persons shall have equal votes for the
same district, the Governor or Commander-in-chief shall order a new
election, as the case may require, to be conducted as is herein before
prescribed.
OF SOUTH CAROLINA. C67
VII. And be ie fi/rlJier enacted by the imthovity ?Lfores-d\d, That all Acts A. I). IRl-i.
or clauses of Acts contrary to this Act be, and the same are herel)y, ^-^"^^"^"-^
repealed.
In the Senate House, the twenty-nintli day of August, in the year of our Lord one
thousand eiglit hundred and twelve, and in the thirty-seventh year of the Indepen-
dence of the United States of America
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Rej>resentathcs.
AN ACT to extend the provisions of an Act entitled "An Act to No. 2004.
remedy the defects of the Court of Ordinary in the several districts
where there are n(j County Courts, as to matters and cases in which
the Ordinaries of those districts may be respectively interested," passed
the seventh day of March, one thousand seven hundred and eighty-
nine, to all the Circuit Court districts throughout the State.
(Passed August 29, 1812. Sec last volume.)
AN ACT FOR RATIFYING A.VD CONFIRMING A CONVENTION BETWEEN THE J^q, 2005.
State of South Carolina ano the State of Nohth Carolina,
CONCLUDED AT COLUMBIA, IN THE StATE OF SoUTH CAROLINA, ON THE
eleventh day of july, i.n the year op our loltd one thousand
eight hundrkd and eight, and in the thirty-third vr:ar of the
Independence of the United States of America.
WHEREAS, a dispute and difference have arisen and subsisted be-
tween the said States of South Carolina and North Carolina, concern-
ing boundaries, the said States claiming respectively tiie same territo-
ries. And whereas, it appeared to be the sincere wish and desire of the "'■^a'nble.
said States of South Carolina and North Carolina, that all and singular the
differences and claims subsisting between the said States relative to boun-
dary should be amicably adjusted and compromised. And whereas, the
Grovernor of the State of South Carolina, being duly authorized for that
purpose, did appnint Joseph Blythe, Thomas Sumpter, jr., and James Kil-
lore, commissioners, and did invest them, or a majoiity of them, with full
ind absolute power and authority, in behalf of that State, to settle and
iompromise all and singular the differences, controversies, disputes and
jlaims which subsist between the said State and the State of North Caro-
ina, relative to boundary, and to establish, and permanently fix, a bounda-
•y between the two States; and the said State of South Carolina did de-
■.lare that it would at all times tliereafter, so soon as the actings and doings
»f the said commissioners, in and touching the said dis|)Utes relative to
)oundary, should be ratified by the Legislature of the State of South Car-
>lina, the same should be forever binding on the State of South Carolina.
i,nd whereas, the Legislature of the State of North Carolina did appoint
i
STATUTES AT LARCiE
.Toliii Steele, John Mooie ami .Innie.< Wellbmi), commissioners, and did
invest tliem with full and absolute power and authority, in behalf of that
State, to settle and compromise all and singular the diflcrences, controver-
sies, disputes and claims, which subsist between the suid State and the
'■"tate of South Carohna relative to boundary, and lo establish, and perma-
nently fix, a boundary between ihetwo States; and the said State of North
Carolina did also declare, that it would at all times thereafter ratify and
corrfirm all and whatsoever ihe said last mentioned commissioners, or a
majority of them, should do, in and touching the premises, and that the
same should be forever binding on the said St::te of North Caiolina. And
whereas, the said Joseph Blythe, Thomas Sumpter, John Steele, John
Moore and James Wellborn, commissioners on the part of the said
States of South Carolina and North Carolina respectively, did by mu-
tual consent assemble at the town of Columbia, in the State of South
Carolina, on the eleventh day of July, in the year of our Lord one
thousand eight bundled and eight, in order to the due execution of their
respective trusts, and did respectively exchange and consider their full pow-
ers, and did declare the same legal and forever binding on both States ; and
on conferingon the most effectual means of adjusting the differences subsist-
ing between the said States, and of establishing and permaneutly fixing a
boundary between them, did mutually agree, for and in behalf of their re-
spective States, to the following articles, that is to say :
Akticuk ]. The line beginning at a cedar stake on the Atlantic ocean, and
running thence north-west and west to a point at the Salisbury road near the
Catawba lands, as described in the plans of survey begun in one thousand
seven hundred and thirty-five, and ended in one thousand seven hundred
and sixty-four, shall be and remain the same in its whole extent as hereto-
fore established.
Article 2. From which point at the said Salisbury road mentioned in
the picceding article, instea<l of following the road to where it enters the
Catawba lands as at present, which road is liable to change and uncer-
tainty, a line shall be run and marked in a direct course to the south-east
corner of the said Catawba lands at twelve mile creek ; which line is here-
by established in lieu of the said road ; thence along the line of ihe said
Catawba lands, pursuing its different courses, to where the Catawba river
enters the said lands on the north, thence with the middle stream of that
river northwardly to the confluence of the northern and southern branches
thereof, and thence due west along the line as run and marked by commis-
sioners in the year one thousand seven hundred and seventy-two, to the
termination of the said line.
AitriCLE 3. And from the termination of the said line of one thousand
seven hundred and seventy-two, a line shall be extended in a direct course
to that point in the ridge of mountains which divides the eastern from the
westein waters, where the thirty-fifth degree of north latitude shall be
found to strike it nearest to the termination of the said line of one thousand
seven hundred and seventy-two ; thence along the top of the said ridge to
the western extremity of the State of South Carolina; it being understood
that the State of South Carolina does not mean by this arrangement to in-
teifere with claims which the United States, or those holding under her
act of session to the ITnited States, may have to lands which may lie (if any
there be,) between the top of the said ridge and the said thirty-fifth de-.
gree of north latitude.
Article 4. The conlracliiig parties for their mutual benefit and conve-
nience, agree to adopt and confirm the lines of boundary as described in
the preceeding articles, and to renounce respectively to each other every
right, claim, and pretension which may be inconsistent with the true mean-
OF SOUTH CAROLINA. 669
ing and purpose of this agreement, which is to establish between the ''^■^- ^^'-•
States ofSouth Carolina and North Carolina a permanent and unalterable ^-^'"^"'"^^
boundary. Provided nevertheless, that in case at any time this agreement
shall be contested, or not conformed to, after the ratification of it by the
legislatures of the said States, all the rights, claims and pretensions herein
intended to be renounced and conveyed, and all other rights and claims
in relation thereto, shall revive and exist in the same foice and eftect as
they did before the signing of these presents, m favor of the State which
shall conform thereto.
1. Be It therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au-
thority of the same. That the said convention, and all the articles thereof,
shall be forever binding on the State of SouthCarolina; and that the same
is hereby fully and absolutely ratified and confirmed.
In the Senate. House, the twenty-ninih day of August, in the year of our Lord one thousand
eicht hundred and twelve, and in the thirty-seventh year of the Independence of the
United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Represcntatxtis.
AN .4(77" ?MAKING ADDITIONAL APPROPRIATIONS FOK THK YEAR ONE No. 2006.
THOUSAND EIGHT HU\DRI D AND TWELVE.
I. Be if enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of . .^^ .
the same. That the sums hereafter mentioned be respectively appropriated
for the following purposes :
For the expenses of the members of the Legislature at the present ses-
sion, and pay of the Solicitors for their attendance, six thousand dollars — if
so much be necessary.
For the Comptroller-general, as a compensation for his travelling ex-
penses and attendance during the present session, six dollars per diem.
For the Secretary of State, as a compensation for his travelling expen-
ses and attendance durins the present session, six dollars per diem.
For the Clerk of each house, for their attendance during the present ses-
sion, each three hundred dollars — in the whole, six hundred dollars.
For the Doorkeepers and Messengers of each house, for their atten-
dance during the present session, each sixty dollars — in the whole, two
hundred and forty dollars.
For the State printeis, in addition to the amount of the contract for
printing during the present year, not exceeding three hundred dollars.
For house rent for the Governor, one hundred dollars.
For Thomas Key, in conformity with a resolution of the Legislature,
passed in December last, for a negro executed, one hundred and twenty-
two dollars, forty-four cents.
For the purchase of arms and munitions of war, sixty thousand dollars —
if so much be necessary.
For the purchase of blankets for the quota of the militia of this State,
. a sum not exceeding seven thousand five hundred dollars.
, As a contingent fund subject to the Govenor's draft, four thousand
• dollars.
670 STATUTES AT LARGE
A.D. 1812. To G. Chapman, amount of his account, thirty dollars, twelve and an
^-"'"^^"^^^ half cents.
To William Wallace & Co., for quills, ten dollars.
To John G. Flaglu, for bringing a return from Clarendon county to
Columbia, of election of Dr. Boyd, a member of House of Representa-
tives, seven dollars.
In the Senate House, the twenty-ninth day of August, in the year of our Lord one thou-
sand eight liundred and twelve, and in the thirty-seventh year of the Independence of
tlie United States of America.
SAMUEL WARREN, President, of the Senate.
JOHN GEDDES, Speaker of the House of Rejirese-ntativcs.
No. 2007. AN ACT pkoviding for the better defence of this St.\te ; and for
OTHER purposes THEIiEIN MENTIONED.
1. Be it enacted, by the honoiable the Senate and House of Representa-
,, . lives, now met and sitting in General Assembly, and bv the autliority
Commissary- ' , /-. • i p i i i i ■
general to draw 01 the same, i hat the Loinmissary-general ot purchases be, and he is
on the Comp- hereby, authorized to draw on the comptroller-general to comply with such
for the sumap-*'^'"''^'^'' °' ''°"''^^'-'^* ^^ may have been made by him in behalf of this
propriated. State, or which shall hereafter be made ; provided, he does not at any
time draw from the treasury more than the sum of ten thousand dollars;
and that whenever he may have drawn to the amount of ten thousand dol-
lars, he shall account therefor, previous to his making any further dral't ;
and that it shall be the duty of the commissary-general to render, monthly,
an account to the Governor of the sum or sums so drawn by him, the
manner in which the same has been expended, and also the manner in
which the ai tides so purchased have been disposed of.
IL And be it further enacted. That the Commissary-general of purclia-
Cominissary- ses is hereby required to give bond, with security in the sum of thirty
general to give thousand dollars, for the faithful performance of his duty ; which security
°" ■ shall be ajiproved of by the Governor and Comptroller-general.
HI. And he it further enacted. That the Commissary-general do, and
Commissary- ^^ '* hereby authorized to, contract for and purchase the following muni-
general to con-tions of war for the use of the militia of this State, viz: Five thousand
tract for and weiffht of aun-powder, two thousand muskets and bayonets, five bundled
purchase mu- _ <= , n , n i ,• • i i- i i i i i
nitions of war. sabres and hve hundred pair ot pistols tor the cavalry, two thousand tKiyo-
nets, belts and scabbards, cartouch boxes, brushes and pickers, twenty tlxm-
sand flints, ten iron eighteen pounders, two thousand balls for ditto, two
hundred balls for twenty-four pounders, three hundred and forty canteens,
one ammunition wagon, five tumbrils, and twenty hanks of match lojio:
Provided, the said articles shall not exceed the sum of sixty thousand dol-
lars ; and if they shall exceed that amount, that so many of them shall be
purchased as shall be thought most necessary by the commander-in-chief.
IV. And he it further enacted. That the arms and equipments heieiu
directed to be purchased, the arms and equipments now on hand, and iiny
Disposal of arms and equipments which may at any time be appropriated by the gene-
ral government for the use of this State, shall be distributed and (lis[ic>se(l
of by the Governor and Commander-in-chief, in such manner and in such
proportions among the seveial regiments of militia, as in his judgment
shall most conduce to the interest and better defence of this State.
V. And hcit further enacted \>'j \he ^vcCaovyVj ^ioxf:%zS.A, That each iion-
OF SOUTH CAROLINA. 67J
commissioned officer and private of the militia of this State, who has been A.D. 1812.
drafted or vohiiiteered to serve in the quota of this State, and has been or ^-^'^'"^^
shall be actually called into the field on or before the first day of February B'=>"'*^'^-
next, shall be furnished with one blanket, which shall be purchased by the
Commissary-general of the State.
VI. And he it further enacted by the authority aforesaid. That the Gov-
I ernor be, and he is hereby, authnrized to direct the Commissary-general Cannon
I to dispose of any muskets and ordnance in the arsenals of this State,
which may be unfit for repair, on the best terms wliich can be obtained,
and deposit the proceeds in the treasury of the State ; and that the sum of
two thousand dollars be, and the same is hereby, appropriated for the pur-
pose of mounting and putting in complete order, for actual service, the
cannon belonging to the State, and repairing the carriages of such as aie
or may hereafter be injured.
VII. And be it further enacted by the authority aforesaid, That all Acts or
clauses of Acts heietofore passed making appropriations for the purchase of Repealing
ordnance, arms or military stores, be, and the same are hereby, lepealed ; clause,
and all sums which remain unexpended of such appropriations shall pass
over to the credit of the treasury of this State, to remain there until ap-
propriated by law.
In the Senate House, the twenty ninth clay of August, in the year of our Lord one thou-
sand eight hundred and twelve, and in the tliirty-sevenlh year of the Independence of
the United States of America.
SA^IUEL WARREN, President of the Senate.
JOHN CtEDDES, Speaker of the House of Representat ires.
AN ACT TO PREVENT THE PCR.MCIOLS P.iACTlCC OF DUELLING. No. 2008.
I. Be it enacted; by the honorable the Senate and House of Representa-
.ives, now met and sitting in General Assembly, and by the authoiitv of the n ir
TM . r 1 <• 1 • <■ I • . ... ^ uufiimg pro-
same, 1 hat from and after the passing of this Act, it any person or per-hibited.
ions, resident in, or being a citizf n of, this State, shall fight a duel, or shall
tend or give or accept a challenge to fight a duel, within this State, or shall
;ause any such challenge to be sent, given or accepted, within this State,
>r within the limits of the United States, his or their seconds, and all and
;very other person or persons directly or indirectly concerned in fighting
iny duel, or sending, giving, accepting or carrying or conveying any such
:halleiige, their counsellors, aiders and abettors, upon being thereof con-
•icted in any court having jurisdiction, shall be imprisoned for twelve
nonths, and shall severally forfeit and pay a fine of two thousand dollars,
he one half thereof to be appropriated to the use of the State, the other
lalf to the informer, and shall stand committed until such fine is paid, and
mtil he or they shall severally give ample security, to be approved by one
if the associate judges of this State, in the sum of two thousand dollais,
or his perpetual good behavior, and shall for ever be disqualified from
lolding any office of honor, profit or trust, in or under this State, oi from
iractising law, physic or divinity within this State, or exercising any other
rade or profession or calling whatever. Provided, however, that in case
ny death shall happen in consequence of any duel, this Act shall not be so
onstrued as to save the offenders the pains and penalties of the laws of
he land provided for the punishment of homicide.
II. Arul be itfurtf^erenmlcd by the authority aforesaid, That all Acts ami
672 STATUTES AT LARGE
A.I). IRI2. parts of .\cts repugnant to this Act be, and the same are hereby, repealed.
(n til" Senate House, the eighteenth day of December, in the year of our Lord one
thousand eight hundred and twelve, and in the thirty-seventh year of tJie Indepen-
dence of the United Stales of America.
SAMUEL WARREN, President of the Senate.
JOHN GEUDES, Speaker of t/ic House of Representatives.
No. 2009. -A-ISl ACT to .\uthorize and oblige the sevkral Gai»li:rs in this
State to receive for safe keeping such persou or persons as
MAY BE APPKEnENDED Olt MAY BE IN C0>F1NEM1;NT ACCORDI.NG To
LAW, IN ANY DLSTlilCT WHEREIN THE GAOL OR GAOLS NOW ARE, OR
M \Y UERi:AFTER be, DESTiidVED BY FIRE OR OTHER ACCIDENTS; AND
FOR OTHi:U PURPOSE'S THEHEIN MiNTJONED.
L Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
Disposal of the same. That in all cases where any person or persons shall hereafter
EaolTare "^ '^° ^'^ apprehended Or in confinement, according to law, in any district or
destroyed. districts in this State, wherein the gaol or gaols now are, or hereafter may
b,3, destroyed by fire or other accidents, he, she or they shall be committed
to the gaol nearest tlie one dostroyid, for safe keeping ; and the several
gaolers in this State who now are, ot may hereafter be, the keepers of tlie
gaols nearest to those gaols that may be destroyed as aforesaid, shall be,
and they are hereby, authorized and required to receive and safely keep
such person or persons apprehended or in confinement as afoiesaid in
those districts in which the gaol or gaols now are, or hereafter may be,
destroyed as aforesaid, and shall receive such fee or fees for the safe keep-
ing of such person or persons as by law is now provided, as a compensation
for such confinements, respectively. Provided, nevertheless, that all per-
sons who now are, or may hereafter be, apprehended or in confinement,
on mesne or final proce.ss, and who now are, or may heieafter become,
admitted to gaol bounds, and ^hall have given good and sutHcient security for
the keeping of the said gaol bounds, according to law, shall be continued in
the district in which they may respectively be ajjprehended or in confine-
ment, and within the bounds now established by law for the several gaols
in this State.
n. Whereas, it has bt^come a practice, in many of the districts of this
„ , .. State, for the slierifl's of the same not to employ gaolers, and who do not
in the gaols, reside in the gaols themselves, by which public justice is fretjuently elu-
ded, by rendering the escape of criminals more easy, and the buildings
sutfer a premature decay by neglect; for remedy w'hereof. Be it enacted.
That from and after the passing of this Act it shall be the duty of each and
every sherifi'in this State, who does not live in the gaol, to employ jiroper
and discreet persons as gaolers, who shall live within the same, and who
are hereby prohibited from using the house for any other purpose than that
for which it was designed l)y law.
111. And he it furl her enacted. That all Acts and parts of Acts as are
repugnant to the foregoing, be, and the same are hereby, repealed.
In the Senate House, the eijhtconth day of Decemher, in the year of our I. cud one thou-
sand eiijht hundred and twelve, and in the thirty-sevenili year of the Imlepeiidence uf
tlie United Stat.s of America.
SAMUEL WARREN, President of the Senate
JOHN GEDDES, Sjicakcr of the House oj ReprcsoUatives.
OF SOUTH CAROLINA.
AN ACT to exempt the officers, non-commissioned officers and pri- No. 2010.
vales of the Cily Guard of Charleston from militia duty.
(Passed December IS, 1812. Sec last volume.)
AN ACT T'-i INCREASE TUK NUMBER OP JUSTICES OF THE QuoUUM AND No. 2011.
Pl.ACE IN SEVERAL D;STI!ICrS IN THIS StATE.
I. Be it enacted, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the au-
thority of the same, That there shall be two justices of the quorum for
the district of Union, in addition to the number now allowed by law.
For Abbeville district, two justices of the quorum and one justice of the
pectce, in addition to the number now allowed by law.
For Greenville district, three justices of the peace, in additit)n to the
number now allowed by law.
For Yoik district, two justices of the quorum and one justice of the
peace, in addition to the number now allowed by law.
For Newberry district, one justice of the peace, m addition to the num-
ber now allowed by law.
For Horry district, one justice of the quorum, in addition to the number
now allowed by law.
For Williamsburgh, three justices of the quorum, in addition to the num-
ber now allowed by law.
For Marion district, one justice of the quorum and two justices of the
peace, in addition to the numbei now allowed by law.
For Barnwell, two justices of the quorum and four justices of the peace,
in addition to the number now allowed by law.
For Pendleton district, two justices of the quorum and two justices of
the peace, in addition to the number now allowed by law.
For Marlb(>roua;h district, one justice of the quorum, in addition to the
number now allowed by law.
For Clarendon county, two justices of the quorum, in addition to the
number now allowed by law, and two justices of the peace.
For Claremont county, ime justice of the quonmi, in addition to the
number now allowed by law.
For Salem county, one justice of the quorum, in addition to the number
now allowed by law.
For the parish of St. James, Goose-creek, one justice of the quorum and
one justice of the peace, in addition to the number now allowed by law.
For Chester district, one justice of the quorum and one justice of the
peace, in addition to the number now allowed by law.
For Kershaw district, three justices of the peace. In addition to the
number now allowed by law.
For Charleston district, six justices of the quorum and twelve justices of
the peace, in addition to the number now allowed by law.
n. And be it further enacted by the authority afonsaid. That from and
immediately after the passage of this Act, no notary public, justice of the
VOL. v.— S5. " . ■ .
STATUTES AT LARGE
quoiuni, or justice of the peace, shall be exempted from the performance
of patrol or militia duty, required by law.
Li) the Senate House, tlie seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and twelve, and in the thirty-seventh year of the Independence of
the United Stales of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Sj^cakcr of the House of Representatives.
No. 2012. AN ACT making it unnecissaky for the Sheriffs of certain Dis-
tricts, HEREIN MENTIONED, TO ADVERTISE SALES OF PROPERTY TAKEN
IN EXECUTION IiN THE PUBLIC GAZKTTES.
I. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority
of the same, That from and after the passing of this Act, it shall not be
necessary for the sheriffs of Newberry district, Laurens district, Abbeville
district, Spartanburgh district, Crreenville district, Fairfield district, Ker-
shaw district, Lexington district, and Edgefield district, to advertise in the
public gazettes any property to be sold by them ; any law, usage or custom
to the contrary thereof in any wise notwithstanding,
Tn the Senate House, the eighteenth day of December, in the year of our Lord one
thousand eiglit hundred and twelve, and in the thirty-seventh of the Independence
dence of the United States of America,
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Sj^caher of the Hause of Reprcsatlatives.
No. 2013. AN ACT limiting the term of servici: of certain officers, who ,
HAVE HERETOFORE HELD THEIR OFFICES DlTtlNG GOOD liEIIAVIOUR ; AND
FOR OTHER PURPOSES THEREIN MENTIONED.
L Be itcnacted, by theSenateand House of Rejiresentatives, now met and
sitting in General Assembly, and it is hereby enacted by the authority of the
same, jTliat the following officers be hereafter elected by joint ballot of both
Enumeration branches of the Legislature, for the terms of time hereinafter mentioned,
of officers. \\z: Attorney-general for four years; Solicitors for four years; Tax-
collectors for four years; Ordinaries for four years; Clerks of the Courts
of Sessions and Common Pleas for four years ; Registers, Master and
Commissioners of the Court of E()uity for four years; Commissioners of
Locations and Register of Mesne Conveyances for four years each ; and
the aforesaid officers to hold tiieir offices for their respective terms afore-
said, and until another be elected.
n. Be it further enacted by the authority aforesaid, Tliiit in all joint
ballots for the officers above mentioned, a majority of all the votes given
on sucli joint ballot shall bo necesssary to constitute an election.
OF SOUTH CAROLINA. C7.5
III. Be it further enacU'd hy the anlhority aforesa.\(\, That the Attorney- A.U. ISI3.
general, before the entering upon the duties of his office, shall execute a v^'-v-^i.^
boml, with two good securities, in the penal sum of ten thousand dollars,
to the State of South Carolina, for the faithful discharge of the duties <if security of
his office ; that the Solicitors, before the entering upon the duties of their officers,
offices, shall respectively give bond, with two good securities, to tiie State
of South Carolina, in the penal sum of five thousand dollars, for the faith-
ful discharge of the duties of their respective offices ; that each Tax collec-
tor, before the entering upf)n the duties of his office, siiall execute a bond
to the State of South Carolina, with two or more good securities as here-
tofore, for the sums already established by law, for the faithful discharge
of the duties of his office ; that each Ordinary, before the entering upon
the duties of his office, shall execute a bond, with two or more good secu-
rities, to the State of South Carolina, for the faihful discharge of the duties
of their office — the Ordinary of Charleston district, in the penal sum of
ten thousand dollars ; the Ordmary of Georgetown district, in the penal
sum of seven thousand dollars ; the Ordinary of Beaufoit distiict, in the
sum of five thousand dollars; the Ordinary of Colleton district, m the sum
of five thousand dollars ; and all other Ordinaries, each in the sum of
three thousand dollars : That each Clerk of the Courts of Sessions and
Common Pleas, before the entering upon the duties of his office, shall give
the same security and in the same manner as already established by law,
for the faithful performance of the duties of his office ; that each Register
and Commissioner in Etjuity shall, respectively, before the entering upon
the duties of their office, execute a bond to the State of South Carolina, in
the penal sum of twenty tiiousand dollars each, for the faithful perform-
ance of the duties of their respective offices. And that such bonds be
taken, in the several districts throughout the State respectively, by the
commissioners appointed to take bonds and securities from the sheriff's of
the several districts of said State, and be transmitted by the commissioners
aforesaid to the comptroller general, to be by him deposited in the treasu-
rer's office of the upper division, when they relate to the upper division,
and when relating to the lower division, to be deposited in the treasurer's
office in Charleston.
IV. Be ityurt/icr enactedhy the anlhority aforesaid, That the comptrol-
ler general shall be elected as heretofore for two years, but after having C^'omptj-ollev-
served four years in succession shall not be re-eligible to that office till"
after the expiration of two years.
V. And be it enacted, by the authority aforesaid, Tiiat the escheator
who now is or iieivafter may l>e appointed for the district of Culleton shall Esclieaiur oi'
give bond and security, for the performance of his duty, in the sum of two " '^"'"'
thousand dollars, and no more ; any law to the contrary notwithstanding.
Provided, he shall give bond and security in all other respects as by law
he is now bound to do.
VI. And he it further enacted by the authority aforesaid, That all officers
heretofore mentioned by this Act, now in office, except the comptroller''""""""""'
general, shall go out of office on the first day of December, in the year of
our Lord one thousand eight hundred and si.xteen.
In tlie .Senate House, the scvenleentli day ol'Deceinbei, in the year of our Lord one thou-
sand eight hundred and twelve, and in lire tliirty-seventli year of the Jude|»endcncc of
the t;niled .States of America.
SAMUEL WARREN, President of the fienatc.
.TOIIN GEOUES, fipeal-erqfthe House of Rrprrsevtat, res.
STATUTES AT LARGE
No 2014. AN ACT to incorporate the Free Mason Hall Company.
(Passed December 19, 1812. .See last volume.)
No. 2015. AS ACT to .\fford Lanoloisus ok Lessors an EXPiiDixious and
SUMMAUy MODli OP G UNING RE-POSSESSION FROM TENANTS OR LESSEES,
WHO SHAI.l, HOLD OVER AKTER THE DETERJIINATFON OF THEIR LEASES.
WHEREAS, great and serious inconvenience is frequently experienced
by landlords and lessors, from the holding over of their tenants and lessees
after the expiration of their leases ; whereby, the said landlords and lessors
Preamble, are prevented from enjoying or occupying their own lands and tenements,
or giving, granting or demising the same to another person ; and whereas,
the delays incident to law proceedings render them veiy insufficient in
those cases where the lessors are desirous of legaining immediate posses-
sion; and the penalties incurred by tenants holding over are in many cases
nominal or precarious, as those tenants might be unable to pay either the
rent due or the penalties so incurred :
1. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au-
thority of the same, That where any person or persons having leased or
Proceedings to demised in writing any lands or tenements to any person or persons for a
give landlords term of one or more years, or at will, and he, she or they, or his, her or
their lieirs or assigns, shall be desirous upon the determination of the lease
to have again and re-possess his, her or their estate so demised, and for
that purpose shall demand and require in writing, his, her or their lessee
or tenant to remove from and leave the same, if the lessee or tenant shall
refuse to comply therewith in ten days after such request to him or her
made, it shall and may be lawful to and for such lessor or lessors, his, her
or their heirs and assigns, to complain thereof to any two justices of the
peace or of the quorum, or to one justice of the peace and one of the
quorum, in the district where the demised premises are situate ; and upon
due pro'if made before the said justices, that the said lessor or lessors had
so leased or demisi-d the premises to the then tenant in possession, or some
person or persons under whom such tenant claims or came into possession,
and that the term fir which tlie same was demised or leased is fully
ended, and that demand in writing for delivering possession thereof has
been made ; that then, and in such case, it shall and may be lawful for the
said two justices to whom complaint shall be made as aforesaid, and they
are hereby' enjoined and required, forthwitli to issue their warrant in nature
of a summons, directed to the sheriff of the district, thereby commanding
the sherifl" to summon twelve substantial freeholders to ap]iear before ihe
said justices wiihin four days next after issuing the same summons, and
also to summon the lessee or tenant, or other person claiming or coming
into possession under the said lessee or tenant, at the same time to appear
before them the said justice? and freeholders, to sliew cause, if any he or
she has, why restitution of the possession of the demised premises should
not be forthwith made to such lessor or lessors, his. her or their heirs and
p
OF SOUTH CAROLINA. 677
assigns ; and if upon hearingthe parties, or in case of die tenant's, or other A. D. 1812.
person or persons claiming or coming into possession under the said lessee v-^-^^"**^
or tenant, neglecting to appear after being summoned as aforesaid, it shall
appear to the said justices and freeholders that the said lessor or lessors
had so leased or demised the premises to the then tenant in possession, or
some person or persons under whom such tenant claims or came into pos-
session, and that the term for which the same was demised or leased is
fully ended, and that demand in writing for delivering possession thereof
has been made as herein before directed, that then, and in every such case,
it shall and may be lawful fur the said two justices to make a record of
such finding by them the said justices and freeholders ; which judgement
sliall be final and conclusive to the parties in respect to the facts directed
to be decided by it; and upon which the said justices shall, and they are
hereby enjoined, empowered and commanded to, issue their warrant under
their hands and seals, directed to the sheriff of the district, commanding
him forthwith to deliver to the lessor or lessors, his, lier or their heirs or
assigns, full possession of the demised premises aforesaid, and to levy the
expenses incurred by the investigation of the case, and taxed by the justi-
ces, of the goods and chattels of the lessee or tenant, or other person in
possession as aforesaid ; any law, custom or usage to the contrary notwith-
standing : Provided, neveitheless, that nothing herein contained shall be
construed to deprive any landlord or lessor of any remedy heretofore
allowed him either by the common law or by any Act of the General
Assembly.
Id the Senate House, the nineteenth of December, in the year of our Lord one thou-
sand ei^ht hundred and twelve, and in the thirty-seventh year of the Independence of
tlie United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House ff Rejn-esen/afivcs.
AN ACT to amend an Act entitled " An Act to authorize the opening No. 2016.
and widening of State, late iNIotte and Union streets, in the City of
Charleston, in such manner and under such provisions as aie herein
specified."
^Passed December IS, 1812. See last volume.)
AN ACT TO AMEND AN AcT ENTITLED " An Act for regulating the No. 2017.
admission of Attornies and Solicitors to practice in the Courts of this
State."
WHEREAS, the term of study heretofore required by law for admis-
sion to practice in the Courts of Law and Equity in this State, has been Preamble,
found by experience to occasion an unnecessary and expensive delay to
the youths of this State :
67S STATUTES AT LARGE
Teinis of ad-
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
"to'the authority of the same, That every person, being a citizen of this State,
Bar. who shall be desirous of admission to the bar, shall apply hy petition to
the Judges of the Courts of Law and Equity lospectively, who shall, upon
examining such petitioner, admit him, if they shall deem him properly
qualified, to plead and practice in the several Courts of Law and Equity ;
any law, usage or custom to the contrary notwithstanding: : Provided, that
he produce satisfactory evidences of his morality and general good char-
acter; and provided, also, that no person shall be admitted to the bar who
shall not have attained the age of twenty-one years ; and that it shall be
the duty of the Judges of the Courts of Law and Equity to see that the
candidates for admission in the respective Courts shall be examined rigid-
ly upon the theory and practice of law, and the principles and practice of
equity.
In the Senate House, tlje seventeenth day of Deceniher, in the year of our Lord one thou-
sand eight hundred and twelve, and in the tliirty-seventh year of the Sovereignly and
Independence of tlie United States of America.
SAMUEL WARREN, President of tlie Senate.
JOHN GEDDES, Speaker of the House of RejJresc?i/atire.<:.
No. 2018. AN ACT TO alter and amend an Act kntitled "An Act to enahle
the Catawba Indians to make leases of their lands, for life or lives, or
terms of years ; and for other purposes therein mentioned."
WHEREAS, many inconveniencies have been experienced by the lessees
Preamble, of the Catawba Indians, as well as by the Inilians themselves, under the op-
eration of an Act passed in the year of our Lord one thousand eight hundreil
and eicrht, which Act ordains " Tliat no payments shall at any time be made
for such lease, or any pait thereof, for more than three years rent in ad-
vance ; and that no payments shall be deemed or held to be valid unless
the same be made conformably to this Act, and receipts therefor given by
such of the chiefs of the nation as usually transact their affairs, and by a
majority of the said superintendents:"
t. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That the said clause of the aforesaid Act be, and
the same is hereby, repealed.
IL And be it further enacted by the authority aforesaid. That no pay-
ments shall be hereafter made fin- such lease, or any part thereof, for inorc
than seven years rent in advance ; and that no payments shall be held
or deemed valid, unless receipts therefor be given and attested by one of
the said superintendents.
HL And be it further enacted by the authority aforesaid, Tliat a lease'
for three lives, or ninety-nine years, of the said Catawba latids, shall \iv,
and the same is hereby declaied to be, a (pialification equivalent to a free
OF SOUTH CAROLINA. G^O
hold, in all cases where a fVeehokl is not required by the Constitution of A.D. ini-2.
this Stale or of the United States. v,.^^v-««»-'
In the Senate House, the eightecntli day of December, in the year of our Lord one thousand
eight hundred and twelve, and in the thirty-seventh year of the Independence of the
United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Sjieaker of the House of Rejirescntatives.
AN ACT TO ENABLK THE CoMPANV FOR OPENING A CaN.4L FROM BaCK No. 2019.
River to Chapel Bridge, to raise by Lottery the sum of five
THOUSAND DOILAIi.'!.
WHEREAS, sundry inhabitants of the parish of St. James, Goose-
creek, have, by their petition, represeiited that the canal directed and
auth(jrized by an Act of the Legislature, passed ou the twenty-first day of preamble.
December, in the year of our Lord one thousand seven hundred and nine-
ty-nine, to be opened from Back river to Chapel bridge, has been com-
menced and carried on for some considerable distance, and that there yet
remains a distance of three miles at least, to be cut and opened, and that
they have not sufficient ability to conduct so useful a work to an end
without some relief, and have prayed that they might be authorized by an
Act of the Legislature to establish and draw a lottery, in order to raise a
fund for the completion of so useful a work :
L Be it therefore enarted, by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the authority „ r
of the same. That the said company shall have full power, and they are Lottery,
hereby fully authonzed and empowered, to make and proceed to the
drawing and concluding a lotteiy, for the purposes above mentioned.
Provided, they do not, by the said lottery, raise a fund exceeding the sum
of five thousand dollars.
[n the Senate House, the eighteenth day of December, in the year ofour Lord one thousand
eight hundred and twelve, and in the thirty-seventh year of the Independence of the
United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatives.
AN ACT TO enable John Bowman to change his PRESE^■T name to No. 2020.
THAT OF John Bowman Lynch.
L Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same. That John Bowman be, and he is hereby, authorized to change
his present name to that of John Bowman Lynch ; and that he be here-
680 STATUTES AT LARGE
A.U. IRl'J. after known and distinguislied in law and in deed, sue and be sued, im-
'^-^'^^'''''•^^ plead and be impleaded, bound and obliged, and vice versa, by the name
of John Bowman Lynch.
In the Senate House, the seventeenth day of December, in the year of our Lord one thousand
eiglit hundred and tv*elve. and in tlie thirty-seventh year of the Independence of the
United States of America.
SAMUEL WARREN, Prcsklvjit of the Sc7iate.
JOHN GEDDES, SjieakeroftlieHouseofReprcsmtntives.
No. 2021. AN ACT to establish a Bank, on behalf of and for the benefit of tne
State.
(Passed December 19, 1812. See last volume.)
No. 2022. AN ACT to r.^isi-: supplies for thk year one thousand eight hun-
dred AAD twelve; and for other purposes THERUN M^:^TIONED.
L Be it enacted, by the honorable the Senate and Plouse of Repre-
Tj, , sentatives, now met and sitting in General Assembly, and by the authority
raised. of the same, That a tax, for the sums and in the manner hereinafter men-
tioned, shall be raised, and paid into the public ticasury of this State, and
for the use and service thereof.
n. And be it enacted, by the authority aforesaid. That fifteen cents
ad valorem on every hundred dollars be paid in specie or paper medium on
tion^on I'ands. ^'^ lands granted within this State, under the several regulations heie-
inafter mentioned. Class No. 1 shall contain all tide swamp of the first
quality, not generally aflfected by the salts or freshets, which shall be rated
at twenty-six dollars per acre ; all tide swamp of the second quality,
not generally affected by the salts or freshets, which shall be rated at
seventeen dollars per acre; ail tide swamp of the third quality, not gen-
erally affected by the salts or freshets, which shall be rated at eight dollars
and fifty cents per acre ; all pine barren lands adjoining such swamps, or
contiguous thereto with respect to the benefit of water carriage, which shall
be rated at two dollars per acre ; all prime inland swamp, cultivated and
uncultivated, which shall be rated at an average of thirteen dollars per
acre ; all inland swamp of the second quality, which shall be rated at eight
dollars and fifty cents per acre ; all inland swamp of the third quality, which
shall be rated at four dollars per acre ; all pine barren lands, adjoining or
contiguous thereto, which shall be rated at one dollar per acre ; and all
salt marsh, or inland swam]), clearly proved to the collectors to be incapa-
ble of immediate cultivation, which shall be rated at one dollar per acre.
Class No. 2 sliall comprehend all high river swamps and low grounds,
cultivated and uncultivated, including such as are commonly called second
low grounds, lying above the flow of the tides, and as high up the coun-
try as Snow Hill on Savannah rive.r, and the fork of Broad and Saluda rivers
OF SOaTH CAROLINA. 681
on tlie Coiigaree, Graves's Ford on the Wateree, and the boundary line on A. n. 1812.
Pedee ; the first qunlity to be rated at thirteen dollars per acre ; the second ^-^'"v-*^^
quality at eight dollars and fifty cents per acre ; the third quality at four
dollars per acre; excepting such as may be clearly proved to the collec-
tors to be incapable of immediate cultivation, which shall be rated at one
dollar per acre. Class No. 3 shall comprehend all high river swamps and
low grounds lying above Snow Hdl, the fork of Broad and Saluda rivers,
Graves's Ford on the Wateree, and the old Indian boundary line on Pedee,
which shall be rated at three dollars per acre. Class No. 4 shall compiehend
all high lands without the limits of the parishesSt. Philip's and St. Michael's,
within twenty miles of Charleston, and on John's Island and James's
Island, which shall be rated at four dollars per acre. Class No. 5 shall
comprehend all lands lying on the Sea islands, (Slann's island included,)
or lying on or contiguous to the seashore, usually cultivated, oi capable of
cultivation, in corn, cotton or indigo, not within the limits prescrdjed in
No. 4, which shall be rated at four dollars per acre. Class No. 6 shall com-
prehend all oak and hickory high lands lying below Snow Hill and the fork
of Broad and Saluda rivers, Graves's Ford, on the Wateree, and the new
boundary line on Pedee, and not included in the limits or description of
the two preceding classes, numbers 4 and 5, which shall be rated at three
dollars per acre. Class No. 7 shall include all pine barren lands not included
in numbers 1, 4 and 5, which shall be rated at twenty cents per acre. Class
No. 8 shall comprehenil all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford on the Wate-
ree, the first quality of which shall be rated at one dollar and fifty cenis
per acre; the second quality at one dollar per acre ; and the third quality
at forty cents peiacre. Class No. 9 shall comprehend all oak and hickory
high lands above the old Indian boundary line, the first quality of which
shall be rated at one dollar and twenty cents per acie ; and the second
quality at sixty cents per acre ; and the third quality at twenty cents per
acre. Class No. 10 shall include all the lands within the parishes of St.
Philip's and St. Michael's, which shall be assessed in the same manner and
upon the same principles as houses and lots in Charleston, and in a relative
proportion to lands in the country.
III. .hid be it enacted by the authority aforesaid, That thirty-five cents
per head shall be levied upon all slaves, of all ages and descriptions ; and (j,,,^ „f taxing
the sum of two dollars per head upon all free negroes, mulattoes, and mesti- slaves, &c.
zoes, (except such as shall be clearly proved to the collectors to be incapa-
ble, from mmns or otherwise, of obtaining a livelihood,) between the ages
of fifteen and fifty ; and the sum of fifteeu cents ad valorum on every hundred
dollars of the value of all lands, lots and buildings within any city, village
or borough ; and the sum of thirty-five cents for every hundred dollars of
stock in trade, factorage, employments, faculties and professions, (clergy-
men, schoolmasters, schoolmistresses and mechanics excepted,) — to be
ascertained and rated by the assessors and collectors throughout tlie State,
according to the best of their knowledtie and information ; to he oaid in
paper medium or specie.
IV. And he it enacted, by the authority aforesaid. That all negiots
and other slaves who are employed on any lands leased by any jierson or '*^'"'='''"".t''">-
persons of the Catawba Indians, shall be, and they are hereby made, lia-J'a,,^"/"''"'"
ble to the payment of this tax. But nothing in this Act contained shall be
construed to impose any tax upon the property or estate of any relisfious „ _ .
society, or the South Carolina Society, the Winyaw Indisjo Society, or the "'^"l"'""''-
Fellowship Society, or the estate of the late Doctor De la Howe, demi-
sed for charitable purposes, or that part of the estate of the late Thomas
VOL. v.— 86.
682 STATUTES AT LARGE
A. D. 1812. Wiidswortli wlilch wns devised foitlie establishment of a school, or tlie Clar-
^^'"^''"^"^ endon, or the Hitrh Hills of Santee, or the (Jamden Orphan Societies, or the
Cohiinbia Academy, or the lands and funds owned liy the Free School
of Dorcliesti;r, the public lands held by the corporation of Charleston, or
of the lands and funds of any society applicable to education or the
maintenance of public schools ; but that no houses owned or erected on
such lands by any private individual or individuals shall be exempted from
taxation, at the rate of one half of their full value, to be rated by the asses-
sor or assessors and collectors in their respective districts.
V. And be it rnacted by the authority aforesaid. That every person
Abseiitt-es entitled to any taxable property or estate in this State, who resides with-
out the limits of the United States, shall, for the use of this State, pay a
triple tax on the same. But this clause shall not bo construed to extend
to the ))roperty of any person sent, or hereafter to be sent, abroad in the
emplovment of this State or of the United States, until one year after the
expiration of his commission ; or to the property of any person now ab-
sent from the United States, unless such person has been absent for one
year.
VI. And he U ennctcd by the authority aforesaid. That the tax collec-
What shall be tors throughout this State shall receive no payment of taxes but in gold
ta'^ea"^ or silver coin made currf-nt in this State, the paper medium issued under
the authority of the Legislature, bank pajier redeemable in the first in-
stance in gold and silver at the bank of South Carolina, the State Bank,
Unioti Bank, or the Planters and Mechanics Bank, or certificates for the
payment of members of the Legislature, or the Solicitors, for their attend-
ance on the Legislature.
VIL And. he it enacted by the authority aforesaid. That each and
Returns of all every enquirer, assessor and collector shall, on their entjuiry for the return
property to be of taxes of this State for the year one thousand eight hundred and twelve,
nmde on oath. , . . i i- n • i ,, , ,,,,,■, i
administer the lollowing oath to all such persons as shall be liable to pay
anyof sai<l taxes, viz: "I, A B, do solemnly swear (or affirm, as the case
may be) that the account which 1 now give is a just and true account of
the quantity and quality of the lands, and the number of slaves, which I
1 was possessed of, interested in, or entitled to, on the first day of October,
in the year of our Lord one thousand eight hundred and twelve, either in
my own right or in the right of any other person whatsoever, either as
guardian, agent, attoinoy, trustee, or in any other manner whatever, accor-
ding to the best of my knowledge and belief; and that 1 will give just
and true answers, according to the best of my knowledge, to all such ques-
tions as shall be asked touching the same; and this I swear without any
„ kind of equivocation or mental reservation whatsoever." And upon the
Tux on money . . i „ ,, . , . p , • i
at interest. principal ot every sum or sums of money at interest, the interest of which
is actually received, over and above what each person pays for interest,
the said enquirers, assessors and collectors, and every of them to whom the
same shall be returned, shall assess the sum of twelve and a half cents on
every hundred dollars which shall have produced an interest of seven per
cent., and a proportionable sum on all other sums of money drawing less
or more than seven per cent; to be recovered in like manner, in case of
ilefault, as the collectors are authorized by law to do on their returns of
lands and slaves.
VIIL And. he it enacted by the authority aforesaid. That in case
Money at inter- 8''y person or persons shall neglect to make a return of his, her or their
estnot returned monies producing interest as aforesaid, he, she or they shall be liable to
suffer the same forfeitures and pay the same penalties as are inflicted by
law in case of their refusing or neglecting to make a return of his, her or
theii lands or slaves.
OF SUUTU CAROLINA. CS3
IX. A/ul l/e it enacted by the authority aforesaid, That the iiistal- A.U.lSl-J.
mentii OH paper medium which l)e due on the liist Wednesday in March ^-'''T'^^
1 11 1 -11 -1 !• II \ ■ 1 1 11 A lime of pav-
next, shall not be required to be paid as directed by an Act entitled An ,„g||t o|- |],g p^.
Act for laising supplies for the year one thousand seven hundre<l and per medium,
ninety-four," but shall be paid on the first Wednesday in March, which
will be in the year of our Lord one thousand eight hundred and fourteen.
Provided, that no person shall be entitled to the benefit of this clause
who shall not give additional security to the treasurer in Charleston, in all
cases where he is not satisfied with the sufficiency of the former secu-
rity, and in all cases where default has been made in paying what has been
heretofore due, or which may be made in paying the interest to grow due
on the first day of March next.
X. And be it enacted by the authority aforesaid, That the commis-
sioners of the treasury shall be, and they are hereby, required to furnish copies of this
copies of this Act, and of the Act supplementary to the Act entitled " An Act to be fur-
Act for declaring the powers and duties of the enquirers, assessors and "'^'"^d.
collectors of the taxes, and other persons concerned therein," to each of
the collectors appointed by law throughout this State, witliin one month
after the passing of this Act, and their reasonable expenses incurred tlieru-
by shall be reimbursed.
XL Ami be it enacted, by the autlioiity aforesaid. That from anif after the
passing of this Act, all persons liable to jKiy any taxes already or liereaf-
ter to be imposed by law, shall, on or befoie the first day of February in i^j^'^returna""
each and every year, give a just and true return to the collectors of their and paj-ing
respective districts, of all slaves, and of the quantity and quality of all lands, "'•''^^"
monies at interest, stock in trade, factorage, employment, faculties and pio-
fessions, as may be required and directed by the said laws, which they may
hold or be entitled unto, m his, her or their own right, or in the right of any
other person or persons whomsoever, either as guardian, trustee, attorney,
agent, executor, administrator, or otherwise however ; and shall, on or
before the first day of May ensuing, pay his, her or their taxes to the col-
lector of that collection district where the party making such return, by
himself, his or her family, may reside the greater part of the year. And that
the said collectors shall annually pay the same, and settle their accounts
with the treasury, on or before the first day of June next ensuing, so far as
relates to the collectors of the lower division of the treasury.
XIL And whereas, sundry borrowers of the paper medium loan have
not paid the interest due on the sums borrowed by them, and sales have been Mortgaged
made of the lands mortgaged to secure the said loan, and the treasurers .'""''^ ''°"S'''
have bought in the said lands foi the want of bidders, and they still remain I," tTes'te°eio
the property of the State, and unproductive ; and in other cases the property be sold,
so sold has been purchased in by the mortgagers and others, who have not
complied with the terms and conditions of the sales ; Be it therefore etuu-ted
by the authority aforesaid. That the treasurers of the State shall be, and
they are hereby, respectively authorized and directed to cause all lands
bought in as aforesaid on account of the State, and all lands purchased
by the mortgagers or other persons whomsoever, who have not compiled
with the conditions of former sales of the said property, to be jnit up to
sale, in the different districts in which they lie, by the sheriff' of the said
district, on a public sale day, after giving three months notice thereof, and
shall sell the same to the highest bidder, who shall pay one fourth part
of the purchase money in cash, and the lemaining three fourths in one and
two years ; for the performance of which he shall give his bond and a
mortgage of the premises, and also personal security, to be approved of by
the sheriff' and three commissioners, residing in such district, tn be noni-
OSi STATUTE8 AT LARGE
A.M. 1«1-'. iiiated by tlie treasurer. Provided, no sale uf mortgaged land shall take
^"''''^'"^ place when any person interested in the same shall, previous to the day of
sale, tender one third part of the sum due, togetlier with the expenses in-
curred.
XIII. And he il enacted by the authority aforesaid, That on all sales
Terms otMicli 'H'lile in pursuance of the iie.vt preceding clause, and under the authority
f^al<'s- thereof, the purchaser shall, immediately after the property shall be
knocked off to him, pay into the hands of the sheriff' making the sale
a sum which shall be at least equal to ten per cent, upon the amount of
his purchase, towards the payment thereof; and if he should fail or ne-
glect to make such payment, the sheriff shall immediately set up the same
property foi public sale; and shall not, upon such re-sale, or any other sale
of the same property made by virtue of this Act, receive the bid of the first
purchaser or his agent. And the sheriff shall, in all his advertisements of
the property sold by virtue of this Act, on account of the paper medium
loan, give notice that he will require the payment of the said ten per cent.;
to the end that no person inclined to purchase at the said sales may be
ignorant thereof.
XIV. And be it enacted by the authority aforesaid, That if any per-
no[ ^I'om^ "" ^'^"' <ifter paying the ten percent, as aforesaid, shall fail or neglect to
plying with comply with the terras of sale, all money so paid shall be forfeited to the
the terms of State ; and shall be first applied to the payment of the costs and charges ac-
cruing on the said sale, and the surplus, if any there be, shall be paid into
the treasury of this State, in aid of the revenue thereof.
XV. And he it enacted by the authority aforesaid. That if any
Terms of sale person shall, at any re-sale tnade by the sheriff on account of the first or
are re-s"oUl "^"y f'^'mer purchaser having failed or neglected to pay the percentage
aforesaid, or to comply with the terms and conditions of the sale, such
purchaser shall be bound by his purchase, and shall comply with this
Act, and the terms and conditions of such re-sale, and shall not be al-
lowed to say or pretend that he bought the same as agent for the first or any
former purchaser. Provided, that it shall be publicly proclaimed by the
crier, at such sale, that the same was to be on account and lisque of
the first or some former purchaser; and that the conditions and terms of
the sale shall, in like manner, be proclaimed by him immediately before the
property is set up.
XVI. And: he it enacted by the authority aforesaid. That in case of
Defaulters lia- any re-sale made imder the authority of the preceding clauses of this Act, on
Ijle for any account or bv reason of the non-payment of the ten per cent, hereby required
deficiency by - ,. ', ,■ ' • i , i- i
such sales. to be paid, or on account of the non-compliance with the conditions and
terms herein before prescribed, the person or persons for whose default the
said re-sale shall be made, shall be, and he, she and they is and are hereby
declared, liable for any deficiency which may happen between the first and
any subsequent sale of the said juoperty ; and the treasurers are herel.-y
authorized and diiected to commence suits for the recovery of any such
deficiency.
XVII. And he il enacted by the authority aforesaid. That it shall be
I'lior lax. ''"^ duty of the tax collectors of this State to make, on the first Monday
in August next, to the commissioners of the poor, in the parish or dis-
trict in which any pf)or tax shall be by the said tax collectors respec-
tively collected, a return of such poor tax, in like manner as they make
returns of the public tax to the treasurers of this State. And it shall
also be the duty of the said tax collectors to make a duplicate return tr>
the comptroller general of the amount of the tax so collected and paid to
the I'oiTimissioneis.
OF SOUTH CAROLINA. 685
XVIII. And de ifentictcd hy the authority aforesaid, That the coniptrol- A. U. 1812.
ler general be, anil he is hereby, recjuired and directed annually to call ^-^"^""^-^
oil the treasurer of the City Council of Charleston to render an account J"raiisiei]t
. ^ , ,. . '^ ,. , . • I p 1 poor lundol
on oath ot the application ot such monies as are appropriated tor tiie Charleston.
transient poor, and for other purposes ; and that the account so rendered
be laid before the Legislature.
XIX. A/id be if. enacted by the authority aforesaid. That the several
tax collectors in each fiscal division of the State shall exhibit, in some Tax collectors
column of his return, the number of acres of land lying within their re-g°,y''l"™ 'J™''
spective divisions, and the number of acres lying elsewhere, and for which other divisions,
taxes shall be paid them : in like manner thev shall exhibit in other columns *"'■ which taxes
L 1 '■,. ... .*',... 1 i' 1 1 arc paid them,
the number ot negroes in their respective divisions, and ot those else-
where, and where, on which taxes shall be paid them; and in other separate
columns exhibit the amount of taxes in their respective divisions, on every
different article taxed by law ; and the treasurer of each division, and the
comptroller general, shall preserve these columns in their aggregate of
taxes to be laid before the next meeting of the Legislature.
XX. And- be it enacted by the authority aforesaid. That the tax collectors
of the parishes of St. Philip's and St. Michael's, shall, on the first Monday Return to be
in the months of April, May and June, in each and every year, make the !!J,'iiecto^s!'"'
following return to the treasurer of the lower division, "I, A B, do solemn-
ly swear (or affirm, as the case may be,) that the sum of dollars, by
me now paid, is all the money which I have received on account of the gen-
eral tax, since my last return." And on the first Monday in July, in each and
every year, the said tax collectors for the parishes of St. Philip's and St. Mi-
Michael's, and each and every tax collector in the upper and lower division
of the treasury of thisState, shall complete and finally close their several and
respective returns, by paying the full balance which may have been received
by him or them, producing to the treasurers of the upper and lower divi-
sions of the treasury of this State, respectively, the sheriS's's receipts for
all executions lodged by them against defaulters ; and if the sherifts's re-
ceipts, so produced, shall not satisfactorily account for the full balance due
on the said return, then, and in such case, the treasurers in each division
respectively shall be, and they are hereby, directed to enforce the means
pointed out by the Act entitled " An Act declaring the duties and powers
of the enquirers and assessors of the taxes, and other persons concerned
therein," passed in the year of our Lord one thousand seven hundred and
eighty-eight. And the said several tax collectors, upon closing their said
returns, shall respectively take the following oath or affirmation, to wit : "I,
A. B., do solemnly swear (or affirm) that the return which 1 now make is a J^"''' '° *";
just and true return of all the taxable property made for the collection dis- collectors.
trict of , and that the sum of dollars, by me now paid, is the
whole of the monies I have received for the general taxes of the said district,
since my last return ;" which oath or affirmation the treasurer shall im-
pose, and cause lo be endorsed on the said return.
XXI. And be it enacted by the authority aforesaid. That the comp-
troller general be, and he is hereby, required and directed annually to call Commissioners
on the several boards of commissioners of public buildinars, and boards of°f P"')'"^ b"'!-
commissioners tor clearing, opening and rendering navigable the seve- land navigation
ral rivers and creeks of this State, to render an account to him, on oath, to account to
of the application of such monies as are appropriated for the erection or |p^ °"'f
repairing of public buildings, or clearing, opening and rendering navigable
the several rivers and creeks of this State; and the accounts so rendered
shall be laid before the legislature.
686 STATUTES AT LARGE
A. D. 1812. XXII. And be it enacted by the autlionty aforesaid, That it shall
^^^"^'""^^ be the duty of the commi&sioneis of the poor, and the commissioners of
Commissioners the roads, in the several districts and parislius within tiiis State, by their
of the poor and secretaiy or treasurer, to render on oath to the clerks of the circuit courts
accoun™o''rhe° i" their respective districts, on or before the first Monday in Septeni-
clerlts ol' ber in every year, a correct account of all monies received by them, and
courts. jjjg manner in which the same have been applied ; and it shall be the duty
of the clerks of the said courts respectively to transmit certified copies
thereof to the comptroller-general, to be by him laid before the Legisla-
ture. And in case the commissioners shall fail to make their returns
as required aforesaid, they shall respectively, as a board, forfeit and pay
the sum of one hundred dollars ; and the clerks of the respective courts
shall, on failure of making: the aforesaid returns, also forfeit and pay the
sum of one hundred dollars ; the aforesaid penalties to be recovered, in
any court of law having competent jurisdiction, by action of debt. And it
shall be the duty of the attorney-general and solicitors, in their respective
circuits, to enquire of the cleiks of the respective district courts whether
the aforesaid commissioners of the poor, and commissioners of the roads,
have made their returns to the clerks as aforesaid ; and enquire of the comp-
troller-general whether the clerks of the respective courts have made their
returns as above required ; and in case the commissioners and clerks afore-
said have not made their returns as above directed, then the attorney-gen-
eral or solicitors, as the case may be, is hereby directed and required to
sue for, and recover on behalf of the State, the jienalty inflicted by this Act.
XXIII. And he it enacted by the authority aforesaid. That the comp-
Names of troller-general shall publish in the Carolina Gazette a list of such commis-
nnbV^shed.'" ^*'°"^''* ^'"^ clerks who liave neglected to make their returns as above
required, fijr the last year; and if the said commissioners and cleiks do not
make their returns on or before the first day of September next, it shall be
the duty of the attorney-geneial or solicitors, as the case may be, to sue for
and recover the penalties to which they are hereinbefore made liable ;
excepting the commissionei's of St. Philip's and St. Michael's parishes,
who shall account to the City Council of Charleston as heretofore.
XXIV. And be it enacted by the authority aforesaid. That each and
every tax collector shall pay to the commissioners of the poor, or their
J ax collectors . •' ..i c .. m j • a .. • n »i
to make pay- treasurer, on the first Monday in August m every year, all the monies
raentto the which have or may be collected by them for the use of the poor, except
of'the'noor""" when such monies have been otherwise appropriated by law, under the
penalty of the forfeiture of ten dollars for every day they may fail in so
doing; to be recovered in any court of law having competent jurisdiction,
to go to the use of the poor of the said district or parish wherein such
default shall be made.
XX V. And be It enacted by the authority aforesaid. That it shall be, and
Names of all jg hereby declared to be, the duty of the comptroller general, as speedily
pav'tax to be •''' •^''^ same can be done, to make out, from the returns of the tax collec-
transmitted to tors, and transmit to the clerks of the several courts in the several districts
i^he clerks of ^f j[^j^ State, the names of all persons who shall have made returns for the
year 181L together with the tax paid by the said persons, to the end that
the persons paying such tax may have an opportunity of comparing their
receipts with the same. And it shall be the duty of the clerks of the said
courts, on application of any person for inspection of the said statement
so transmitted to them by the comptroller general, to produce the same ;
and in case there shall apjiear a difference between the comptroller's rej>ort
and the receipt of tax paid by such jierson, the clerk thereupon shall re-
poit the same to the legislature ; and in case any clerk shall neglect or
OF SOUTH CAliOIJNA. 0S7
refuse, wltliout reasonable excuse, to exliibit the same, wliiii deinauded A. D. 1812.
in office liours, lie shall be suliject to a penalty ot" ten dollars, to be recov- '^-^'"V''*-'
ered in any court having competent jurisdiction ; one half" to the informer,
the other half to the treasury of this State. And the comptroller general,
for this service thus required of him, shall receive the sum of two hundred
dollars.
XXVI. And be it enacted by the authority aforesaid, That it shall be
the duty of every tax collector to specify in vjfords, at full length, the sum Amount of tax
paid by every person for his general tax, distinguishing what every person ^'?u'^j'°jJ'^^Pj'
may pay fur poor, or bridge ta.x, in the receipt to be given by him to the
person who may pay a tax to him.
XXVII. And be it enacted by the authority aforesaid, That it shall
be the duty of the attorney-general, and each of the solicitors of the dif- Attomey-geue-
ferent circuits, to certify to the comptroller-tieneral, on or before the first ''''' """^ ^'''''^''
Ml ■/->! • ir- -I !• f ■ I'll 1 tors to account
onday m Uctober m every year, the fanes and lorieitures which have been to the conip-
had or inflicted by the courts upon his circuit, within the year next prece- troller.
ding the day aforesaid ; and that it shall be the duty of the clerks of
the several circuit districts, to return to the C(jmptroner-general, on or be-
fore the same day in every year, an account, upon oath, of all the fines
and forfeitures inflicted, had, or received within his district court, of
the manner how appropriated or remitted, and to pay over to the trea-
surer of the State the balance on hand on that day ; that in case of the failure
of any clerk to render such account, he shall forfeit and pay the sum
of two hundred dollars, to be recovered in any court having jurisdic-
tion ; and it shall be the duty of the comptroller general to direct the
attorney-general or solicitors, as the case may be, to sue for and recover
the aforesaid sum, of such clerk as shall fail to render such account.
XXVIII. And be it enacted by the authority aforesaid, That should
the said attorney-geneial or solicitors not perform the duty required by performing
the aforesaid clause, they shall be subject io the penalty of one hundred said duty.
dollars, to be recovered in any court having jurisdiction.
XXIX. And be it enacted by the authority aforesaid, That from
and after the passing of this Act the clerk of every circuit court in this -p|,g ^^,3 p(
State shall be authorized, and is hereby required, to draw an order on and Assembly to be
send an express to the treasurer at Columbia or Charleston, which ever'?"', ''"'''>' ''*®
1 1 1 1 /• 1 ■ 1 T • c clerks of
place may be nearest to the court house 01 the said district, tor so many courts.
copies of the Acts of the Legislature as the said district may be entitled to
by law ; and the said clerk shall deliver, upon application, to each person
in said distiict who may be entitled to the same, one copy of said Acts;
the person who carries the said express shall receive three dollars for every
forty miles he shall travel in going and returning in the said service.
XXX. And be itfurtlier enacted by the authority aforesaid, That it shall
be the duty of the printer of the State to have the said Acts printed on or "iJi^ted by the
before the fifteenth of February, in every year hereafter, and the clerk of ISthofFebrua-
every district court shall draw the aforesaid order on the treasurer as afore- '">'•
said, and have the said Acts in his possession for distribution on or before
the tenth of March in each and every year hereafter.
In the Senate House, the nineteenth of December, in the year of our Lord one thou-
sand eight hundred and twelve, and in the thirty-seventh year of the Sovereignty
anti Independence of the United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker nf the House of Representatives.
STATl'TES AT LARGE
No. 2023. AN ACT lo makb Appropriations fou the year one thousand kight
hu.\dri:d and twelve.
I. Be it enacted, by the honorable the Senate and House of Represen-
, . .• tatives, now met and sitting in General Assembly, and by the authority of
the same, That the following sums be respectively appropriated for the
salaries of the public officers, and other expenses and purposes of govern-
ment.
For the salary of the Governor, two thousand five hundred and seventy-
two dollars.
For the salary of the Secretary of the Governor, four hundred and thir-
ty dollars.
For the salaries of the six Judges of the courts of common pleas, each
two thousand five hundred and seventy -two dollars; in the whole, fifteen
thousand four hundred and thirty-two dollars.
For the salaries of five Judges of the Courts of Equity, twelve thousand
dollars.
For the salary of the Attorney General, for giving advice to the Gover-
nor and other public officers, in matters of public concern, as a full re-
compense for the discharge of all public duties incident to the office of
Attorney General, seven hundred dollais.
For the salaries of four Circuit Solicitors, in lieu of all charges against
the State, for the performance of every public duty appertaining to their
respective offices, each five hundred dollars ; in the whole two thousand
dollars.
For the salary of the Comptroller-general, clerks and stationary inclu-
ded, as a full compensation for his services, three thousand dollars.
For the salary of the Treasurer in Charleston, and for transacting the
business of the loan office, and clerks, two thousand six hundred and fifty-
eight dollars.
For the salary of the Treasurer in Columbia, including clerks, six-
teen hundred dollars.
For Lyon Levi, while he continues clerk in the treasury office, in ad-
dition to his salary as clerk, four hundred dollars.
For the salaries of the Clerks of the Senate and House of Representa-
tives, each nine hundred dollars ; in the whole, one thousand eight hundred
dollars.
As a compensation to the Clerk of the Court at Columbia, for his services
in attending the Constitutional Court, one hundred and forty dollars.
As a compensation to the Commissioner in Equity, for his attendance in
the Court of Appeals in the court in Columbia, one hundred dollars.
As a compensation to the Clerk of the Court of Charleston, one hundred
and forty dollars.
As a compensation to the Sheriff of Richland district, for attending the
Constitutional Court and the Court of Equity at Columbia, one hundred
dollars.
As a compensation to the Sheriff of Charleston for attending the Con-
stitutional Court and Court of A]ipeals at Charleston, one hundred and
fifty dollars.
As a compensation to the keeper of the State House at Columbia, one
hundred and thirty dollars.
For the salary of the Adjutant General, fifteen hundred dollars.
I OF SOUTH CAROLINA. 689
For the salaries of nine Brigade Inspectors, eacli two inintlred and six- ^'^^ '^'^•
teen dollars; in the whole, one thousand nine hundred and forty-four dollars. ^-^'""'^^^^
For the salary of the Port Physician of Charleston, for boat hire and all
other expenses incident to his office, one thousand dollars.
As a compensation for the Arsenal keeper and powder receiver in
Charleston, five hundred dollars.
As a compensation to the Arsenal keeper and powder receivers at
Camdeti and Abbeville, fifty dollars each — in the whole, one hundred dol-
lars ; and for the arsenal keeper and powder receivers for Georgetown
and Beaufort, one hundred and fifty dollars each — in the whole three hun-
dred dollars.
For the contracts with the State Printers, a sum not exceeding fifteen
hundred dollars.
As a compensation foi the Pilot of the bar and harbour of Georgetown,
three hundred and twenty-two dollars.
As a compensation for the Pilot of the bar and harbor of Beaufort, three
hundred and twenty-two dollars.
For Annuities, seven thousand dollars.
For the Transient Poor, payable to the City Council of Charleston, four
thousand two hundred and eighty dollars.
For the salary of the keeper of the Lazaretto of the |iort of Charles-
ton, five hundred dollars.
As a contingent fund subject to the Governor's draft, for the expendi-
ture of which he shall submit an annual account, six thousand dollars.
For the expenses of the Members of the Legislature at the present ses-
sion of the Legislature, and pay of the Solicitors for their attendance,
twenty-one thousand five hundred dollars; if so much be necessary.
As a compensation to the two Doorkeepers of the Legislature, one hun-
dred and sixty dollars each ; in the whole, three hundred and twentv dollars.
As a compensation to two Alessengers, one hundred and sixty dollars
each. — in the whole, three hundred and twenty dollars ; to be paid at the
adjourrnnent of the legislature.
For the rent of the Governor's house in Columbia, two hundred and fifty
dollars.
For aid in supporting the transient poor in Georgetown, the sum of
five hundred dollars, to be paid to the commissioners of the poor of
Prince George, Winyaw, to be laid out and expended by them for the use
of the transient poor ; the said commissioners to publish annually, in the
Georgetown Gazette, the names of all such transient poor, and the sum laid
out for each, as may have been relieved by this fund ; an account on oath to
be returned to the comptroller, and by him submitted to the legislature.
Far the discharge of the contingent expenses of the upper division o f
the State, a sum not exceeding six thousand dollars.
For the discharge of the contingent expenses of the lower division, six
thousand dollars.
For the salaries of two tutors in the South Carolina College, each six
hundred dollars — in the whole, twelve hundred dollars.
For the salary of a Professor of Chemistry in the South Carolina Colleo'e,
sixteen hundred dollars.
II. And be it further enacted by the authority aforesaid. That the sum
of six hundred dollars be, and the same is, appropriated to the professor of
logic and moral philosophy ; and that the sum of six hundred dollars be,
and is hereby, appropriated to the professor of languages, in addition to
what each of the said |)rofessors are already allowed out nf the funds anim-
ally appropriated to the South Carolina College.
VOL. v.— 87.
690 STATUTES AT LARGE
A.I). 1812. Por the pay of the magazine guard, to consist of an officer, sergeant,
^-^"^'"^''-^ anti six men , to be pKid by luul uiulei the ditectiun of the comi>iroller-
geneiitl, two thousand two bandied dollars.
III. And ho it enacted by the anthority aforesaid. That the treasurer
J sf Cliarlestoi), under the direction of the comptroller-general. in his pre-
Poper medium i ■ i <• i / , t-. ■ i c i t- o i
10 bobuiiii. sence ami m the presence or the (.rovernor, President oi the Sl u:ite, Speak-
er of the House of Representatives, and any thiee of the Judges of the j
Courts of Law or Equity in this State, or in the presence of a majority of
the persons above mentioned, shall, as soon as convenient after the pa.ssing
of this Act, cause all the paper medium of this State, now in the treasury,
or that may be received previous to the next sitting of the Legislature, to
be burnt : Provided, that the sum so burnt shall not exceed two thousand
and sixty-one dollars ; and the said treasurer is hereby required to report
to the Legislature the amount of medium which may be burnt pursuant
to this Act.
IV. And be it enacted by the authority aforesaid, That the treasu-
Treasurer to rers, on receiving any money from the tax collectors, or any other person,
eeiptar"'^' shall give him or her two receipts for the same ; and in case any trea-
surer shall neglect to furnish any person with two receipts as aforesaid,
he shall foifeit and pay a sum not exceeding two hundred dollars, nor less
than tifiy dollars ; to be recovered in any court having jurisdiction there-
of; and the comptroller general, upon infoimation made to him, shall take
the necessary measures to cause the same to be recovered.
V. And he it enactfd, by the authority aforesaid. That the sum of seven
Money appro- Imndred dollars be paid to the commissioners appointed by the citizens of
priated to build ^, , ^ , , . /■ i i ti i i •,,
barracks. Oharleston to superintend the erection oi barrarks at Haddiil s jroint, in
Christ Church parish, for the purpose of enabling them to ccmiplele the
said barracks; and that a further sum of five hundred dollars be, and llie
same is hereby, appropriated for the purchase of the land upon which tin
said barracks are erected, to be paid to Nicholas Vining, his executors m
administrators, upon his, her or their conveying the fee simple of tlit
said land to the treasurer of the lower division for the State of Soulh
Carolina.
VL And be it enacted by the authority aforesaid. That the comniis-
Commissionera sioners for superintending the building and completing the said barracks,
to account to shall be, and they are hereby, required, at the next session of the legisla-
egis . (ypg^ ji^ account for the said sum of seven hundred dollars hereby granted
for that purpose.
For Daniel Cook, due him for balance of principal and interest, eight-
een dollar; ninety-three and three fourths cents.
VIL And be it enacted by the authority aforesaid. That the treasurer
Funds allotted of the lower division of this State be, and he is hereby, authorized
for (he Bank of mj,] directed, on the application of the pr. ident and directors of the
the biute ol a. r> i c i ' c n t ,~i .• i ,• i
Carolina. ±>ank or the htate or South Carolina, to delivei over to them, or to any per-
son duly authorized by them, all the certificates of stock of the L^nited
States in the treasury, together with all bonds, notes and other securities
due the State, and also the shares of the Stale and Planters and Mechan-
ics Banks ; and he is hereby further directed, when ajjplied to for that
purpose, to draw from the State Bank, under the warrant of the comptrol-
ler general, all the public money therein deposited, and, from time to time,
and at all times hereafter, to deposit all monies received by him, on ac-
count of the State, in the said bank.
VIIL Wheieas, the public gaol of Kershaw district has been lately
consumed by fire, and the corporation and inhabitants of the town of Cam-
den have proposed to exchange a suitable and convenient lot, whereon to
OF SOUTH CAROLINA. C91
erect a new gaol, for tlie lot whereon the said gaol lately stood; Beit AD. 1812.
therefore enacted by the authority aforesaid, That William Nixon, Francis ^-^'~^'~'^^^
Lee, Thomas W^hitaker, Reuben Stark, and Samuel James, be, and they
are hereby, fully authorized and empoweied to negociate with the corpo-p^^.^,^ °i,pj i^
ration of the said town of Camden, an exchange of thi' lot in the said town Camden.
whereon the said gaol lately stood, for such other lot or lots in the said town
as to them may appear suitable and convenient to erect a new gaol upon :
Provided, however, th;it if the said lot or lots, so to be exchanged for, shall
not he equal in value to the lot whereon the said gaol lately stood, the said
commissioners may accept of the said corporati.ni, to the use of the State,
such a sum of money as may be equal to the difference in their value ; and
the said commissioners are hereby authorized to make and execute all
necessaiy dt-eds and conveyances to the said corporation for the said lot
whereon the said gaol lately stood, and to accept the necessary deeds and
conveyances from the said corporation, for the said lots so to be exchanged
for; all which deeds shall be executed uniler the direction and inspection
of the solicitor of the northern circuit.
IX. And be, it enacted, by the authority aforesaid. That the sum of five
thousand dollars be, and the same is hereby, appropriated for building a Appropriation
new eaol in the said town of Camden ; and the commissioners aforesaid '""^ ,V'''';"S "
1 11 1 11 11 . • 1 1 1 ,- gaol in Cam-
shall be, and they are hereby, authorized and empowered to contract for den.
the building of a gaol in the town of Camden, and to receive the appropria-
tions made for building the same.
For Andrew Muldrew, one hundred and twenty-two dollars and forty-
four cents, as a compensation fir a negro executed.
For Ann Bay, one hundred and twenty-two dollars and forty four cents,
as a compensation for a negro executed.
For George Roberts, one hundred and twenty-two dollars and forty-
four cents, as a compensation for a negm executed.
For Harry Grant, seventy-seven dollars, thirty-five cents, and interest
thereon, for a certificate lost. The above sum to be paid him upon his
giving bond, with two good securities, to indemnify the State against any
future claim on account of said certificate.
For George Roberts, one hundred and twenty-two dollars and forty-
four cents, as a compensation for a negro executed.
For Sergeant Ervin, seventy-five dollars, as a compensation for a horse
lost last summer in public service.
For Samuel Rector, nine dollars fifty cents, as a compensaJion for a.
balance due him on an indent. No. five hundred and sixty-nine.
For Joseph Ken-, one hundred and fifty dollars, as a compensation for
property lost in the late war.
For Richard Howard, one hundred and twenty-two dollars and forty-
four cents, as a compensation for a negro executed.
For Sophia Jolly, one hundred and twenty-two dollars, forty-four cents,
as a compens ition fir a negro executed.
For Stephen Keith, one hundred and twenty-two dollars and forty-four
cents, as a compensation for a negro executed.
The sum of two hundred and fifteen dollars, thirty cents, as a compen-
sation to sundi-y constables and guards, guarding the goal of Chesterfield.
For John T. Lewis, fifty dollars, seventy-four cents, as a compensation
for sundry i^epairs to the court house of Pendleton.
For George McBeth, one bundled and eight dollars, as a compensation
.for his services during the late war.
For James Davis, thirty-eight dollars, ninety-six cents, with interest
.thereon, for a certificate mislaid, the Tibove sum to be paid him when he
.produces the said certificate.
C92 STATUTES AT LARGE
A.I). 1R12. Pj,,. Alexander McKee, one hundred and twenty-four dollars, sixty
^"■'''"^''"^^ cents, and interest thereon, as a compensation for money expended by him
in deieiiding his titles to a tract of land which he bought of the State.
For E. Liles, one hundred and twenty-nine dollars and ten cents, with
interest thereon, as a compensation for an indent granted to Isaac Robin-
son ; the above smn and interest thereon to be paid to him when he proves
to the Comptroller-general that he is the person legally authorized to re-
ceive the same.
For Isaac Bush, six dollars ; and also, for Richard Bush, six dollars, as
a compensation for attending as witnesses at Barnwell court.
For William Hutchenson, late a Captain in General Sumter's Brigade,
four hundred and sixty-three dollars, fifty cents; as a compensation for a
judgment obtained against him in Mecklenburg County, in North Carolina,
by Elias Myers, whom he had enlisted as a private soldier, to serve ten
months, for a negro, in the said Brigade during the late war.
For John Brannon, seven hundred and fifty dollars, as a compensation
for extra work done and losses sustained by him by his contract to build
the court house at Abbeville.
For George Robinson, executor of Wm. Robinson, two hundred and
ninety-nine dollars, sixty-seven ci'Uts, as a compensation for money ex-
pended in defendmg a suit c<mimf need against him by the treasurer of llio
lower division.
To Asa Delozaa, attorney for Asa Cole, J(jhn Evans, Joseph Ashhard,
Josepii English, Isaac Clarke, George Patterson, John Liet, John Spen-
cer, John Ervin, Samuel Bullfinch, Roland Sandiford and Catharine Bant-
lion, fifteen hundred dollars, or so much theieof as will pay the interest of
six per cent, on the sums appearing to have been due them on the portage
bill book of the frigate South Carolina, to be ascertained and settled by
the Comptroller-general.
For repairing the court house and gaol of Fairfield district, three hun-
dred dollars, if so much be necessary; and that Andi'ew Crawford, Abner
Ross, Michael Moore and William Adger be appointed commissioners lo
superintend said repairs.
For repairing the court house and gaol of Pendleton district, one thou-
sand dollars; and that William Robertson, William Hunter and James C.
Giiffins be appointed commissioners to superintend said repairs.
For repairing the gaol of Charleston district, three thousand dollars;
and that Nathaniel G. Cleary, Edmund M. Phelon, Bartholenrew Carol
and John S. Cogdell be appointed commissioners to superintend said
repairs.
X. And he it further enacted by the authority aforesaid. That the Gover-
Foris to be ^^^. |^g authorized to furnish each fort or balterv alieadv erected, or which
furnished with i , <- , ,. , "^ . ■ •
ordniincc. may be hereafter erected on any part of the coast, with two or more pieces
of ordnance, of such calibre as in his opinion is best calculated to promote
the end contemplated : Provided, the said forts or batteries be so situated
as will enable them to aid in the defence of the maritime frontier'.
XI. And be it enacted by the authority aforesaid. That the sum of forty
Appropriation thousand dollars be, and the same is hei-eby, appropriated for the pay, ra-
for the militia, fions and support of such of the militia of this State as the Governor and
Commander-in-chief shall think proper to call out for the defence of the
State, pursuant to the laws in that case made and provided, if so much be
necessary.
„ _ , XII. And be It. enacted by the authority aforesaid. That the sum of two
firo iu Camden. tl'OU^aiid dollars be, and is hereby, appropriated for the relief of the sufler-
ets by fire in Cairnleii.
OF SOUTH CAROLINA. G93
XIIT. And be it also enacted by the authority aforesaid, That the comp- A. D. 1812.
troller be directed to pay to Benjamin Tyler whatever sum may be due to ^-^'"""^'••^
hira for arrears of pension.
XIV. And be it enacted by the authority aforesaid, That ten thousand
dollars be appropriated for the purpose of establishing a cotton manufac-
tory to be erected in Greenville district, to be paid to Messrs. Caruth and Ush" c"otton
Thompson ; which said sum often thousand dollars, with interest of seven manufaciory in
percent, per annum, shall be repaid, one half at the expiration of two, and GreenvUle.
the remainder at the expiration of three years, they giving landed security
to ten times the value of the said loan, with a power in the mortgage to
sell the estate mortgaged at the end of the said term without any necessity
of judgment on their bonds; all wliicli deeds shall be under the inspection
and direction of the comptroller-general.
XV. And be it enacted by the authority aforesaid. That the compti oiler-
general IS hereby directed and required to return the money to Francis Money lo be
Bremar, one of the securities of Daniel Doyley, which was made at sher- returned ro F.
iff 's sale under an execution in favor of the State against the said Daniel
Doyley and Francis Bremar his security, and has been paid into the treasu-
ry of this State ; and to stay all proceedings against the said Francis Bre-
mar, and the other securities of the said Daniel Doyley, late treasurer of this
State : Provided, that in the opinion of the attorney-general of this State
the said indulgence shall not destroy the lien of the judgment, and of the
execution or executions issued against the property of the said Francis
Bremar and the other securities of the said Daniel Doyley.
XVI. And be it enacted by the authority aforesaid. That the comptrol-
ler-general be, and is hereby, directed not to proieed to collect a ceitain d j-
debt due by the representatives of Stephen Baldy, deceased, to the State, to be stayed in
nor a certain debt due by Elias Gabriel Jaudon to the State, nor a ceitain certain cases.
debt due by William H. Wigg, executor of William H. Wigg, deceased,
but that indulgence be given to them for the payment thereof until the first
day of January one thousand eight hundred and fourteen : Provided, that
the representatives of the said Stephen Baldy and Elias Gabriel Jaudon
and the said William H. Wigg, shall give further security, if the comptrol-
ler-general shall think it necessary.
XVII. Be it also enacted by the authority aforesaid, That the comptrol-
ler-general be, and he is hereby, authorized and required to pay to the Apiiropriation
learal representatives of the late Mrs. Christiana Hoff, when designated as 1° ' fepresen-
°,,r ... '^ tatives ol C.
such by any court of competent jurisdiction, any sum not exceeding two Hoff.
thousand one hundred and forty-two dollars and eighty-five cents, that may
remain in the treasury, being a balance in favor of the confiscated estate of
the late Fenwick Bull, deceased, as a legacy left by him to the late Chris-
tiana Hoff aforesaid.
As compensation to the representatives of the late John Watson, for
land taken and injury done in continuing Meeting-street road through his
land, in the year one thousand seven hundred and eighty-six, nine hundred
and sixty-three dollars.
In the Senate House, the nineteenth day of December, in tlie yearof our Lord one tliousand
eight hundred and twelve, and in the thirty-seventh year of the Sovereignty and In-
dependence of the United Stales of America.
SAMUEL WARREN, 'President of the Senate.
JOHN GEDDES, Speaker of tlie House of Representatives.
I
STATUTES AT LARGE
No. 2024. AN ACT to amend "An Act for regulating the Courts held by the
Associate Judges of this State, at the conclusion of their respective
Circuits, and of the Couits of A|i])ea] lield by tlie Judges of the
Courts of Equity within this State," passed the twenty-first day of
December, in the year of our Lord one thousand eight hundred and
eleven, by changing the day for holding the Courts ; and for legal-
izing the Jury drawn for the next ensuing session of the Court in
Colleton District.
(Passed September 24, IS 13. See last volume.)
No. 2025. AN ACT making additional appropriations for thi; year one
THOUSAND EIGHT HUNDRKD AND THIRTEKN ; AjND FOR OTHER PURPOSES
THEREIN MENTIONKD.
I. Be it enacted, by the honorable the Senate and House of Represen-
Appropriations tatives, now met and sitting in General Assernl)ly, and by the authority of
the same. That the sums hereafter mentioned be respectively appropriated
for the following purposes :
For the expenses of the members of the Legislature at the present ses-
sion, and pay of the Solicitors for their attendance, six thousand dollars — if
so much be necessary.
For the Secretary of Slate, as a compensation for his travelling expen-
ses and attendance during the present session, three dollars per diem.
For the Clerk of each house, for their attendance during the present ses-
sion, each two hundred and fifty dollars — in the whole, five hundred
dollars.
For the Doorkeepers and Messengfrs, each sixty dollars — in the whole
two huudred and forty dollars.
For the State printeis, in addition to the amount of the contract for
printing during the present year, three hundred dollars.
For house rent for the Governor, one hundred dollars.
For the purchase of arms, munitions of war, and other military purposes,
fifteen thousand dollars, if so much be necessary.
For the travelling expenses and attendance of the Comptroller-general,
at the present session, the same pay as is allowed by law to a member of
the legislature.
For payment of the balance due by the State on a settlement of the
accounts of John S. Crips, late foreign agent, and commissary-general of
purchases, five hundred and ninety-seven dollars fifty-six cents, pursuant
to a resolution of both houses adopted last session.
As a testimony of respect fir the distinguished services of Lieutenant
John Templar Shubrick, in three naval battles, in which the Ameiican
arras obtained a signal triumph, five hundred dollars for the purchase of a
sword.
Magazine n }}g j( further enacted by the authority aforesaid. That the maga-
^ ■ ziiie guard shall consist of an officer, two sergeants and twenty-four men;
and the sura of eight thousand dollars shall be appropriated for their sup-
port and pay, if so much be necessaiy.
OF SOUTH CAROLINA. 690
For additional pay to the non-commissioned officers, musicians and pri- A. D. 1813.
vates of the fifth briijido, who hive recently been in the service ot' the ^-^'~^''"^»^
State, in order to make their pay equal to that of the troops of the United
States, eight hundred dollars, if so much be necessary.
In the Senate House, the twenty-fourth day of September, in the year cf our Lord one
thousand eight hundred and thirteen, and in the thirty-eightli year of the Indepen-
dence of the United States of Anierica
JAMES B. RICHARDSON, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatives.
AN ACT to alter and amend the Militia Laws of this State. No. 2026.
(Passed September 21, 1813. See last volume.)
AN ACT to explain and amend an Act entitled " An to establish a No. 2027.
Bank, on behalf of and for the benefit of the State."
(Passed December 18, 1S13. See last volume.)
Ay ACT TO AUrHORIZK THE HoN. ThEODORE GaILL.\RD, ONK OF THE No. 2028.
JUDGKS OF THE CoURT OF EqIUTY OF THE StATE, TO LKAVB THE SAME
FOP. THE TIME HKREIN MENTIO.NEU.
WHEFT]AS, the Honorable Theodore Gaillard, Esq. has petitioned
the Lea^islature for permission to leave the same for nine months ; and
whereas, it is uncertain when the said Theodere Gaillard may depart
therefrom :
L Be it therefore enacted, by the honorable the Senate and House of Rep-
resentatives, now met and sittmg in General Assembly, and by the at^thority
of the same. That the said Theodore Gaillard be, and he is hereby, autho-
orized to leave the State for the term of nine months, to be calculated from
the time of his departure.
In the Senate House, the seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and thirteen, and in the thirty-eighth year of the Sovereignty and
Independence of the United States of America.
SAVAGE SMITH, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatives.
STATUTES AT LARGE
No. 2029. AN ACT for appointing an additional Commissioner or Master in Equity
for the Court of Equity in Charleston; and for other purposes therein
mentioned.
(Passed December 17, 1813. See last i-ulvme.)
No. 2030. AN ACT to allow the United States to lxercise jurisdtction for
CERTAIN PURPOSES OVER THE LAND ON WHICH FoRT MECHANIC IS
ERECTED, IN THE ClTY OF CHARLESTON.
WHEREAS, Christopher Williraan and William Holmes are desirous
of conveying to the United Siates, in fee simple, all their right, title and
interest in certain lots or tracts of land in Charleston, whereon Fort Me-
chanic is erected, upon such terms and conditions as may be agreed upon
between the parties to the same :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same. That so soon as the said lots or tracts of land where-
on Fort Mechanic is erected, and such other lots and parcels of land as
may be considered necessary to that establishment, shall have been con-
veyed by the said Christopher Willimau and William Holmes to the Uni-
ted States, complete and ample jurisdiction, in and over the same, for all
purposes necessary to the maintenance of a military post, is hereby declared
to be ceded to the United States. Provided, however, that nothing in this
cession shall be construed to prevent any process, civil or criminal, issuing
from any of the courts of this State or any other competent authority, from
being served or executed within the limits of the said lots or tracts of land
so to be conveyed by the said Christopher Williman and William Holmes
to the United States ; and provided, also, that nothing contained in this
Act shall be so construed as to impair the rights and privileges vested in
the City Council of Charleston, under their charter of incorporation, who
are hereby also authorized and empowered to relinquish their right of
jurisdiction in and over the land aforesaid.
[n the Senate House, the eighteenth day of December, in the year of our Lord one
thousand eight hundred and thirteen, and in the thirty-eighth year of tlie Indepen
dence of the (Jnited States of America.
SAVAGE SMITH, President of the Senate.
JOHN GEUDES, Speaker of the House of Representatives.
No. 2031. AN ACT trJ incorporate the several Societies therein mentioned ; and
for other purposes.
(Passe.l December 18, 1813. See lost vohimi.)
OF SOUTH CAROLINA.
AN ACT for ratifying atiil confirming a provisional agruemenl entered No. 2032.
into between the State of Sontli Carolina and the State of North Caro-
lina, C(jncluded at M'Kinney's, on Toxoway River, on the fourth day of
September, in tlie year of our Lord one thousand eight hundred and
thirteen.
(Passed December 17, 1813. See Vol. I, p. il6.)
AN ACT to alter the times of holding the Courts of Common Pleas No. 2033.
and General Sessions in the Di.strict of Horry.
(Passed December 17, 1813. See last rolume.)
AN ACT ATT.\CHING TO THE DlSTRICT OF LANCASTER THAT PORTION No. 2034.
OF TrR:aTO;!Y included WITHIN THE LIMITS OF TH13 StATE, BY THE
LINE LATELY RUN OUT, FROM THE TERMIAATl' N OF THE LINK OF 1764,
AT THE SvLI.-iBUIiY RoAD, TO THE SOUTH-EAST COliNER OP THE Ca-
TAWRA LINE AT 12 MILE Cri:EK; AND FOR OTHER PURPOSES RELATING
THERETO.
I. Be it. enacted, by the honnable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority
of the same, That all those parts or portions of territory which have Cprtain territo-
been heretofore under the jurisdictir>n and supposed to belong to the State ■■>' '° ''j'.^'^!'''''
of North Carolina, but are found, on extending and running ont the line o"} Lancaster,
between the two States, in conformity to the treaty on boundary of the
year one thousand eight hundred and eight, to be included within the limits
of the State of South Carolina, shall be taken and regarded to all intents
and purposes as forming a part of the said district of Lancaster; and the
line of final demarkation and boundary, run out and marked by the com-
missioners of the respective States during the present year, an authenti-
cated plat of which has been deposited in the office of the Secretary of
State at Columbia, shall from henceforward form one boundary of the dis-
trict of Lancaster.
\1. And be it fartJicr enacted by the authority aforesaid. That each and
all of the citizens heietofoie residing and continuins to have his or their„. . , ..
. , • 1 » ■. !• • 1 , ^ • ,- , • ClliZPlisorsaid
permanent residence in the territory aforesaid at the time of the passing teniiory, their
of this Act, shall be entitled to and possess all the rights, immunities and "ght-
advantages which the citizens of the present district of Lancaster now do,
or hereafter shall enjoy ; and be in like manner subject to the payment of
taxes, and liable to all militia and all other duties to which the citizens of
the said district of Lancaster now are or may hereafter be subjected by
or made liable under the laws of this State.
HL And he it further cmictcd, by the authority aforesaid. That there
. VOL. v.— SS.
698
STATUTES AT LARGE
St. Andrew's
Prftsbyterian
church incor-
poialed.
A.D. 1S13. shall lie a revision of and new Jemarkation of the lines forming the two
^"-"^"^'"'^^^ beat companies commandeil by Captains Massey and Moore ; and that such
paits or portion of the said territory as may lie mi)st contiguous, and shall
nies to be laid ^^ found most convenient to them, shall be attached to and form a part of
anew. one or either of the said company beats, and the inhabitants thereof be
liable to all the militia, patrol and other duties to which the inhabitants of
the beats they may be respectively attached to now are or hereafter may
be subjected by the laws of thi« State.
IV. A/id be it flirt lier enacted by the authority aforesaid, That Henry
_ . . Massev, Jeremiah Carter, William Vaunhan, James Miller and Church-
Commissionera , .,,.•'' , , , i i • i • •
appointed to hill Anderson, be, and they are hereby appoiiiled, commissioners to revise
run the lines, the lilies of and establish the respective beats of the two companies afore-
said ; and they, or a majority of them, are hereby required and directed
forthwith to revise the lines of and establish the respective company beats
aforesaid : Provided always, that nothing herein contained shall be so con-
strued as to withdraw the company beats now directed to be established
from under the operation of the provisions of the militia laws now in force
or hereafter to be enacted.
V. Whereas, the Society of Christians who call themselves by the name
of the Saint Andrew's Presbyterian Church of the City of Charleston,
have petitioned the Legislature of this State, praying to be incorporated,
and asserting they have complied with the terms required by the constitu-
tion as preparatory thereto, and the allegation in the said petition appear-
ing to be true ; Be it therefore enacted, by the honorable the Senate and
House of Representatives, now met and sitting in General Assembly, and
by the authority of the same. That the society before mentioned, and tlu^
several persons who now are or shall hereafter be members thereof, and
their successors, officers and members of it, shall be, and they are hereby
declared to be, one body corporate, in deed and in name, by the name of the
Saint Andrew's Presbyterian Church of the City of Charleston ; and by the
said name shall have a perpetual succession of officers and members, and
a common seal, with full powei- to change, alter, break and make new the
same as often as they the said corporation shall judge expedient ; and the
said corporation and their successors shall be able and capable in law to
purchase, have, hold, receive, enjoy, possess and retain to them and their
successors, in perpetuity or for any term of years, any estate or estates,
lands, tenements, or hereditaments, of what kind or nature soever ; and to
sell, alien, exchange, demise or lease the same, or any part thereof, as they
shall think proper ; and by their said name to sue and be sued, imjdead
and be impleaded, answer and be answered unto, in any court of law or
equity in this State ; and to make such rules and by-laws, not repugnant
and contrary to the laws of the land, for the benefit and advantage of the
said corporation, and for the order, rule, good government and manage-
ment of thn same, and for the election of minister, and his maintenance
out of any funds belonging to the society, for erecting and repairing of the
cliuich by the corporation out of any such funds, and ascertaining the rents
which shall be paid by the pew holders, in such manner as shall be from
time agreed upon by two-thirds of the members present : Provided always,
thafnot less than tliree-fourths of the whole members shall be present
when a vote is taken to make, alter or amend any of the by-laws, to elect
or displace a minister, and to appoint, alter or increase the minister's
salary.
VL And he it Jm-f/icr inacfed hy the authority aforesaid. That it shall .
Said corpora- ^f,j ,„.,„ jjg lawful for the corporation hereby erected, to take and to hold
tion may hold , i , ■ r i • i , i ■ i • /•
property to them and their successors forever, any chaiitanle donations or devise ot
OF SOUTH CAROLINA. 6'J&
lands an J personal estates ; aii<l to appropriate the same for the benefit of A. I).1S13.
the corporation in sucli manner as may be determined by a majority of two- ■^-^"^'*»-^
thirtis of the members present : provided always, that not less than three-
fourths of the wiiole are present ; and to displace, remove and supply such
ministers, officers, servants and other persons to be employed in the affairs
of the corporation ; and to appoint such salaries, perquisites or other re-
ward for the labor or service therein, as the corporaticm shall from time to
time approve of and think fit.
In the Senate House, the eighteenth day of December, in the year of our Lord one thou-
sand eight hundred and thirteen, and in tlie thirty-eighth year of the Independence of
tlie United States of America.
SAVAGE SMITH, Present of the Senate.
JOHN GEDDES, Speaker of the House of Representatives.
AN ACT TO AUTHORIZE THE ShE!!IFF OF ChESTKR DISTRICT, OR HIS No. 2035.
SUCCESSOR IN OFFICE, To EXECUTE TITLES TO JosEPH RoBINS FOR A
CERTAIN TRACT OF LaND THURI'IN MENTIONED.
WHEREAS, Elijah Xunn, Esquire, the late sheriff'of Chester district,
in obedience to a writ yyi fieri facias issued from the court of Common Pleas
of Chester district at the instance of James Kennedy against James Bell,
did levy on, advertise and regularly sell a tract of land, the property of the
said James Bell, lying on Mill Creek, waters of Broad river, in the district
of Chester aforesaid, at which sale Joseph Robins became the purchaser,
and paid to the said Elijah Nunn, the amount of the purchase ; and
whereas, the said Elijah Nunn, by his sudden and unexpected death, was
prevented from making and executing the necessary deeds and conveyan-
ces to the said Joseph Robins, for the said tract of land, and from making
return of the said sale on the said writhe// facias :
I. Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au-
thority of the same, That John Kennedy, Esquire, now being the sheriff"
of Chester district, or his successor in office, be, and he is hereby, author-
ized and required to make and execute to the said Joseph Robins, all such
titles, deeds or conveyances, as may be necessary to vest the said tract of
land in the said Joseph Robins, his heirs and assigns, forever.
In tlie Senate House, the eighteenth day of December, in the year of our Lord one thou-
sand eight hundred and thirteen, and in the thirty-eighth year of the Sovereignty and
Independence of the United States of America.
SAVAGE SMITH, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatnts.
AN ACT appointing commissioners to lay out and make a portage at No. 2036.
Lockert's Shoals, on Broad River.
(Passed December 18, ISl,*?. See last volume. )
STATUTES AT LARGE
No. 2037. AN ACT to pkrvunt the ohsthuciions to the passage of Fish up
Reedv Rivi:r, from its mouth to the Tumbling Shoals; and for
OTHKR purposes THEliEIN MKNTIONED.
WHEREAS, certain persons have, for their own emoluments, of late
Prpamble. obstructed the passage of fish up Reedy river, by erecting high and im-
passable dams across the said river j for remedy vvheieof,
I. Be it enacted, by tlie honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority
of the same, That any person or persons who now have, or hereafter may
""^i'S^ 0' ."*" erect, any fish dam or fish dams, mill dam or mill dams, hedge or hedges,
provided' for. or other obstruction or obstructions whatsoever, across the said Reedy river,
from irs mouth to the Tumbling Shoals thereon, shall, on or bef ire the
fifteenth day of February next, and from time to time, and at all times
thereafter, between the fifteenth day of February and the first day of May,
in every year, provide and keep a passage at least ten feet wide, sufficient
to let fish freely pass through such fish dams, mill dams, or other obstruc-
tions across the said river.
n. Atid he it further enacted by the authority aforesaid. That any per-
Pennliy. son or persons who shall neglect or refuse to provide and keep such pas-
sage as aforesaid, in his, het, or their dam or dams, hedge or hedges, or '
other obstructions as aforesaid, shall, for every twenty-four hours he, she
or they so refuse or neglect, respectively forfeit and pay the sum of six
dollars ; to be recovered before any justice of the peace in the district in
which such obstructions may exist, by any person or persons who shall or
may sue for the same by action of debt, to be applied to the sole use of I
such informer.
III. And he il further enacted, That all Acts and parts of Acts repug-
nant hereto be, and the same are hereby, repealed.
IV. And he it enacted, by the honmable tlie Senate and House of
Representatives, now met and sitting in General Assembly, and by the
Little Lvnch's authority of the same. That the owners of all fish dams or other artificial
'^^'^ obstructions to the passage of fish up Little Lynch's creek, in the district
of Kershaw, shall, and they are hereby required, on or before the twenti-
eth day of Feliruaiy ne.xt, to remove and reduce the same at least to one
half the width of the said creek, where such dam or other obstruction shall
be standing ; and if he, she or they shall refuse or neglect so to do, they
shall severally forfeit and pay the sum of twenty dollars for every five days
he, she or they shall refuse or neglect so to do; to be recovered before any
one justice, one half to go to the informer, and the other to the use of the
poor of the said district ; and if the owners of such dams or other obstruc-
tions shall refuse to remove the same, agreeable to the provisions of this
Act, any three of the inhabitants of the said district are hereby authorized
to remove the same.
V. And he it enacted by the authority aforesaid. That if any person
or persons shall hereafter presume to build or erect any dam or other ob-
struction in the said creek, extending to a greater distance than one half
the width of the said creek, at low water mark, they shall forfeit and pay
a like penalty, to be recovered and disposed of in the maimer above pro-
vided.
VL And he it further enacted by the authority aforesaid. That Reuben
Stark and Chapman Levy. Esipiires, be, an<l they are hereby appointed,
OF SOUTH CAROLINA. 701
commissioneis on the part and behalf of t\)e State, and that Adam Walker A. D. 1813.
and old Captain Baniet be, and they are hereby, appointed on the part and Z'^'^'^''"!'^-^
ii,*»/^y-,i ■ I c jj Commissioners
behalf of Catawba company, to ascertam the amount or money expended appujnted.
advantageously in the opening of the Catawba river, the amount expended
for other purposes, and the amount given for the purchase of stock by the
present stockholders, the amount of money arising from the sale of lands
sold by the said Catawba company, and that they do report the same at
the next session of the Legislature.
VIL And be it enacted by the authority aforesaid. That if either or both vacancies how
of the first named commissioners refuse to act, then and in that case the'" be filled.
Governor shall appoint persons to act in their place ; and if both or either
of the last named commissioners shall refuse to act, then and in that case
the said company shall appoint peisons to act in theii place.
VIII. And be it enacted by the authority aforesaid, That the said com- when to meet,
missioners are hereby directed and required to meet on the first Monday
in August next, and they are hereby authorized to choose a fifth person to
act with them for the purposes aforesaid.
IX. And be it enacted. That the suit now pending, in the court of equity,
against the said company, on the complaint of the State, be suspended'uniil^"'' suspended
the next session of the Legislature ; provided, the said company desist
from making any further sale of their lands.
In [he Senate House, the eijohteentli day of December, in the year of our Lord one thou-
s.ind eight hundred and (liiiteen, and in the tliirty-eighth year of the Independence of
the United States of America.
SAVAGE SMITH, President of the Senate.
.JOHN GEDDES, Sj>eahr of the House of Representatives.
AN ACT TO AUTHORIZE THE CoMMlSSlO.NERS OF THE Pi.NDLKToN CiR- No. 2038.
cuLATiNG Library Society to alter thk western boi'pjdary' line
OF THi; PUBLIC square IN THE VILLAGE OF PeNDLETON ; AND FOR
OTHER PURPOSES.
WHEREAS, many of the inhabitants of the village of Pendleton and
its vicinity have petitioned the Legislature to authorize the commissioners
of the Pendleton Circulating Library Society to alter the western boundary
line of the public square in the village of Pendleton, and to sell and con-
vey that portion of ground thrown out of the public square, to the owners
of the adjoining lots on that side.
I. Be it therefore enacted, by the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority
of the same. That John Taylor, Joseph Whitner, Andrew Pickens,
junior, James C. GrifHn, Samuel Cherry, Robert Anderson, John L.
North, and Joseph B. Earle, commissioners of the Pendleton Circulating
Library Society, be, and they are hereby, authorized and empowered to
alter the western boundary line of the public square in the village of Pen-
dleton, by running it as nearly pai-allel with that on the east side of said
square, as may appear to them necessary or convenient ; and to sell and
convey that portion of ground which may be thus thrown out of the pub-
lic square, to the owners of the adjoining lots on that side, on the same
702 STATUTES AT LARGE
A. D. 1813. tg|.|jis tJiat tliose lots originally sold for ; anil that the money received fiom
^-"^'^^"'^^ such sale be added to the fund in the hands of said commissioners, to estab-
lish a circulating library in the district of Pendleton.
In the Sennte House, the sevenleeinh day of December, in the year of our Lord one thou-
sand eight hundred and thirteen, and in the thirty-eighthyear of the Independence of
the United States of America.
SAVAGE SMITH, President of the Senate.
JOHN GEDDES, Sjjeakcr of the House of Representatives.
No. 2039. AN ACT TO to altei: the name op Martha Camphrll to that op
MaUIHA SiMITH ; AND TO CHANGI'; THE NAME OF WiLI.IAM WASHING-
TON Bray Eli.i.« to that of William Washington Ellis ; and
FciR other purposes theuein mentioned.
T. Be it enaclefl, by the honorable the Senate and House of Rcpresenta-
Martha Camp, tives of the State of South Carolina, now met and sitting in General As-
bell to take the gemblv, and bv the authority of the same, That the name of Martha Camp-
name of Martha , „ , •' , •' 1 I , , , (• r,K 1 c ■ < 11 r T
Smith. bell be changed and altered to that ot Martha bmiih ; and that from and
after the passinff of this Act the said Martha Campbell shall be known and
called by the name of Martha Smith.
II. And whereas, William Ellis and Martha his wife have petitioned the
Legislature to change the name of William Washington Bray Ellis, their
i^n"Bray EUil'^o"' '^'3''" before marriage, to that of William Washington Ellis ; and that
to take the he may be enabled to take and inherit by devise or descent, in the same
w'"h'''cr^^™' ma""si' 3S if he had been born of the said Martha during her coverture
Ellis. " with the said William Ellis ; Be it therefore enacted, by the honorable the
Senate and House of Representatives, now met and sitting in General
Assembly, and by the autiiority of tlie same, That the name of the said
William Washington Bray Ellis be, and the saine is hereby, changed to
that of William Washington Ellis; and that by the said last mentioned
name, and by no other name whatsoever, shall he be hereafter known and
distinguished, in deed and in law, and in all legal transaclions.
HL And he it enacted by the authority aforesaid. That the said William
Washington Ellis shall be, and he is hereby, rendered capable and able in
law to take, receive and enjoy any goods, chattels, lands, tenements and
chattels real, either by devise and descent, as fully, effectually and to the
same extent as if he had been born during the coveiture of the said Wil-
liam Ellis and Martha his wife; any law, usage or custom to the contrary
thereof, notwithstanding.
In the Senate House, the eighteenth day of December, in the year of our Lord one thou.
Band eight hundred and thirteen, and in the thirty-eighth year of the Independence of
the United States of America.
SAVAGE SMITH, President of the Setiate.
JOHN GEDDES, F>penl,rr nf the House nf Rrprrscntatires.
OF SOUTH CAROLINA.
AN ACT to establish certain Roads, Bridges and Ferries; atid for No. 2040.
otlier purposes tlierein mentioned.
(Passed Decfmber 17, 1813. See last volume.)
AN ACT TO RAISU SUPPLIES KOK THK YEAR ONE THOUSAND EIGHT No. 2041.
HUNDRED A>D TIirUTEEN; AND FOR OTHER PUKPOSES THERKIN MEN-
TIONED.
I. Be ii enacted, by tlie lionoraide the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority Tax to be
of the same, That a tax, ior the sums and in the manner hereinafter men- raised,
tioneil, shall be raised, and paid into the public tieasury of this State, and
for the use and service thereof.
II. And be it enacted by the authority aforesaid. That forty-five cents
ad valorem on every hundred dollars be paid in specie or paper medi-
um on all lands granted within this State, under the regulations here-i, ,„ „f . ,
inafter mentioned. Class No. 1 shall contain all tide swamp of the first tion on lands,
quality, not generally affected by salts or freshets, which shall be rated
at twenty-six dollars per acre; all tide swamp of the second quality,
not generally affected by salts and freshets, which shall be lated at
seventeen dollars per acre ; all tide swamp of the third quality, not gen-
erally affected by salts or freshets, which shall be i-ated at eight dollars
and fifty cents per aci'e ; all pine barren lands adjoining such swamps, or
contiguous thereto with respect to the benefit of water carriage, which shall
be rated at two dollai-s per acre ; all prime inland swamp, cultivated and
uncultivated, which shall be rated at an average of thirteen dollars per
acre ; all inland swamp of the second quality, which shall be rated at eiffht
dollars and fifty cents per acre ; all i^nland swamp of the third quality, which
shall be rated at four dollars per acre ; all pine barren lands, adjoining or
contiguous thereto, which shall be rated at one dollar per acre ; and all
salt marsh, or inland swamp, clearly proved to the collectors to be incapa-
ble of immediate cultivation, which shall be rated at one dollar per acre.
Class No. 2 shall comprehend all high river swamps and low grounds,
cultivated and uncultivated, including such as are commonly called second
low grounds, lying above the flow of the tides, and as high up the coun-
try as Snow Hill on Savannah river, and the fork of Broad and Saluda rivers
on the Congaree, Graves's Ford on the Wateree, and the boundary line on
Pedee ; tlie first quality to be rated at thirteen dollars per acre ; the second
quality at eight dollars and fifty cents per acre ; the third quality at four
dollars per acre; excepting such as may be clearly proved to the collec-
tors to be incapable of immediate cultivation, which shall be rated at one
dollar peracre. Class No.3 shall comprehend all high river swamps and low
grounds lying above Snow Hill and the fork of Broad and Saluda rivers,
Graves's Ford on the Wateree, and the old Indian boundary line on Pedee,
which siiall be rated at three dollars per acre. Class No. 4 shall coinpi ehend
all high lands without the limits of St. Philip's and St. Michael's parishes,
within twenty miles of Charleston, and on John's Island and James's
Island, which shall be rated at four dollars per acre. Class No. o shall
704 STATUTES AT LARGE
A.D. 1813. comprehend all lauds lying on the Sea islands, (Slann's island included,) or
'^^''"^'"^-' lying on or contiguous to the seashore, usually cultivated, or capable of culti-
vation, in corn, cotton or indigo, not within the limits prescribed in Class
No. 4, which shall be rated at four dollars per acre. Class No. 6 shall com-
prehend all oak and hickory high lands lying below Snow Hill and the fork
of Broad and Saluda rivers, Graves's Ford on the Wateree, and the new
boundary line on Pedee, and not included in the description or limits of
the two precedins classes, numbers 4 and 5, which shall be rated at three
dollars per acre. Class No. 7 shall include all pine baiTen lands not included
in classes No. 1, 4 and 5, which shall be rated at twenty cents per acre. Class
No. S shall comprehend all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford on the Wate-
ree, the first quality of which shall be rated at one dollar and fifty cents
per acre; the second quality at one dollar per acre ; and the third quality
at forty cents per acre. Class No. 9 shall comprehend all oak and hickory
high lands above the old Indian boundary line, the first quality of which
shall be rated at one dollar and twenty cents per acre ; the second
quality at sixty cents per acre ; and the third quality at twenty cents per
acre. Class No. 10 shall include all lands within the parishes of St.
Philip's and St. Michael's, which shall be assessed in the same manner and
upon the same principles as houses and lots in Charleston, and in a relative
proportion to lands in the country.
HI. And be it enacted by the authority aforesaid, That one hundred and
five cents per head shall be levied npcra slaves, of all ages and descriptions;
Rate of taxing and the sum of two dollars per head upon all free negroes, mulattoes, and
slaves, &c. mestizcjes, (excejjt such as shall be clearly proved to the collectors to be in-
capalde, from muims or otherwise, of providing a livelihood,) between the
ages of fifteen and fifty ; and forty-five cents ad valorum on every hundred
dollars of the value of all lands and lots and buildings within any city, town,
villao-e or borough ; and one hundred and five cents per centum on all
stock in trade, factorage, employments, faculties and professions, (clergy-
men, schoolmasters, schoolmistresses and mechanics excepted,) — to be
ascertained and rated by the assessors and collectors throughout the State,
according to the best of their knowledge and information; to be paid in
paper medium or specie.
i V . And, he it enacted by the authority aforesaid. That all negroes
and other slaves who are employed on any lands leased by any person or
Slavesemploy- ^ ^^^ of the Catawba Indians, shall be, and they are hereby made, lia-
ed ott Indian f ' ,.'.,.•'. ■ ^ , \^ i_
lands. ble to the payment oi this tax. But notliing in this Act contained snail be
construed to impose any tax upon the property or estate of any religious
Exceptions, society, oi the South Carolina Society, or the Winyaw Indigo Society, or
the Fellowship Society, or the estate of the late Doctor De la Howe, de-
mised for charitable purp )ses, or that part of the estate of the late Thomas
Wadsworth devised for the establishment of a school, or the Clarendon,
or the High Hills of Santee, or the Camden Orphan Societies, or the
Columbia Academy, or thf; lands and funds owned by the Free School
of Dorchest(;r, or the public lands held by the corporation of Charleston,
or the lands and funds of any society applicable to education or the
maintenance of public schools ; but no houses owned or erected on such
lands by any private individual or individuals shall be exempted from pay-
ing ta'^es thereon, according to their full value, to be rated by the asses-
sor or assessors in the respective c()lle(.'tioii districts.
V. And be it further enacted by the authority aforesaid. That every person
Absentees entitled to a:iy taxable property or ojtale in this State, who resides vvith-
tnpie taxed. ^^^^ ^^^^ j. ^^.^^^^ ^^p ^^^_^ United States, shall, for the use of this State, [lay a j
OP SOLfTH CAROLINA.
quintuple tax on tlie same. But this clause shall not be construed to extend A. D. Ifil3.
to the property of any person sent, or hereafter to be sent, abroad in the '^-«'''^^'"»-^
employment of this State or of the United States, until one year after the
expiration or determination of his commission ; or to the property of any
person now absent from the TJnito.l States, unless such person has been
absent for one year, or detained by the war, or other imperious circum-
stances, of which the party returiung the property shall make oath.
VI. And he it. enacted by the authority aforesaid. That the tax collec-
tors throughout this State shall receive no payment of taxes but in gold What shall bo
and silver coin made current in this State, the paper medium issued under '■'=<"''™'' •'"■■
the authority of the Legislature, bank paper redeemable in the first in-'*'""''
stance m gold and silver at the bank of South Carolina, the State Rank,
Union Bank, Planters and Mechanics Bank, the Bank of the State of South
Carolina, or certificates for the payment of the members of the Legisla-
ture, or the Solicitors, for their attendance on the Legislature.
VIL And be it. enacted by the authority aforesaid, °That each and every
enquirer, assessor and collector shall, on their enquiry for the return of Retun.sof all
taxes of this State for the year one thousand eight hundred and thirteen ad- P™f '^ '" b^
minister the following oath to all such persons as shall be liable to pay any °"
of the said taxes, viz: "\, A B, do solemnly swear (or affirm, as the case
may be) that the account which I now give is a just and true account of
the quantity and quality of the lands, and number of slaves, which I
was possessed of, interested in, or entitled to, on the first day of October
in the year of our Lord one thousand eight hundred and thirteen, either
in my own right or the right of any other person, either as guardian
agent, attoiney, trustee, or in any other manner whatsoever, accordimr
to the best of my knowledge and belief; and that I will ^ve a just and
true answer, accordin.j to the best of my knowledge, to" all such ques-
tions as shall be asked touching the same; and this I swear without any
kind of equivocation or mental reservation whatsoever." And upon the -r
principal of every sum or sums of money at interest, the interest of which nVimTreT'^
IS actually received, over and above what each person pays for interest
the enquirers, assessors and collectors, and every of them, to whom the
same shall he returned, shall assess the sum of fifty cents on every hun-
dred dollars which shall have produced an interest of seven per cent and
a proportionable sum on all other sums of money drawing less or more
than seven per cent; to be recovered in like manner, in case of default as
the collectors are authorized by law lieretofore to do on their returni of
lands and slaves.
VIIL And he it enacted by the authority aforesaid. That in case
any person or persons shall neglect to make a return of his, her or their Money a, in.er-
monies producing interest as aforesaid, he, she or they shall be liable ,o e^t.Vrreu'n/d
sufier the same forfeitures and pay the same penalties 'as are inflicted by
law m case of their refusing or neglecting to make a return of his, her or
their lands or slaves.
IX. And he it enacted by the authority aforesaid. That the instalments on
the paper medium which shall be due on the first Wednesday in March t- r
next shall not be required to be paid as directed by an Act entitled " An IZUnr^..
Act toi raising supplies for the year one thousand seven hundred and P" »""'*•""•
ninety-four, but shall be paid on the first Wednesday in March, which
shall be m the year of our Lord one thousand eight hundred and fifteen
Provided that no person shall be entitled to the benefit of this clau.se
who shall not give additional security to the treasurer in Charleston, in all
cases wherein he is rjot satisfied of the sufficiency of the former secu-
rity, and m a I cases where default has been made iii paying what has been
706 STATQTES AT I.ARGE
A.I). 1313. heretofore due, or which may be made in paying the interest to grow due
'^•^""■'"^^ on the first day in March next.
X. A/iii be it enacted by the authority aforesaid, That the commis-
. sioners of the treasury shall lie, and they are hereby, required to furnish
Act to be fur- copies of this Act, and of the Act supplementary to the Act entitled " An
nishecl. Act for declaring the powers and duties of the enquirers, assessors and
collectors of the taxes, and of other persons concerned therein," to each of .
the collectors appointed by law throughout this State, within one month
after the passing of this Act, and their reasonable expenses occasioned
thereby shall be reimbursed.
XI. And be it enacted by the authority aforesaid. That from and after the
Times for ma- passing of this Act, all persons liable to pay any taxes hereafter to be im-
king returns posed by any law of this State, shall, on orbefoie the first day of February
Txes.''^'"^ in each and every year, give in a just and true return to the collectors of their
respective districts, of all slaves, and of the quantity and quality of all lands,
and monies at interest, stock in trade, factorage, employments, faculties and
piofessions, as may be required and directed by the said laws, which they
may hold or be entitled unto, in his, her or their own right, or in the right
of any person or persons whomsoever, either as guardian, trustee, attorney,
agent, executor, administrator, or otherwise however ; and shall, on or
before the first day of May ensuing, pay his, her or their taxes to the col-
lector of that collection district where the party making such return, by
himself, his or her family, may reside the greater part of the year. And that
the said collectors shall annually pay the same, and settle their accounts
with the treasury, on or before the first day of June next ensuing, so far as
relates to the collectors of the lower division of the treasury.
XII. And whereas, sundry borrowers of the paper medium loan have
Mort2a"-ed ''*'' paid the interest due on the sums due by by them, and sales have been
lands bought made of the lauds mortgaged to secure the said loan, and the treasurers
m on account have bought in the said lands for want of bidders, and they still remain the
of the State to ^-ic- i i- i-i i
be sold. property ot the State, and unproductive; and in otiier cases the property
so sold has been purchased in by the mortgagers and others, who have not
complied with the terms and conditions of the sales ; Be it therefore enacted
by the authority aforesaid. That the treasurers of the State shall be, and
tbeyare hereby, respectively authorized and directed to cause all lands pur-
chased by the mortgagers, and all lands bought in as aforesaid on account
of the State, and all lands purchased by other persons who have not complied
with the conditions of former sales of the said property, to be j)ut up to
sale, in the different districts in which they lie, by the sheriflof the said
district, on a public sale day, after giving three months notice thereof, and
shall sell the same to tlie highest bidder, who shall pay one fourth part
of the purchase money in cash, and the remaining; three fourths in one and
two years ; for the performance of which he shall give his bond and a
mortgage of the premises, and also personal security, to be approved of by
the sheriff and three commissioners, residing in such district, to be nom-
inated by the treasuter. Provided, no sale of mortgaged land shall take
place where any person interested in the same shall, previous to the day of
.sale, tender one third part of the sum due, together with the expenses in-
curred.
XIII. And be it enacted by the authority aforesaid, That all sales
made in pursuance of the ne.xt preceding clause, and under the authority
Terms of sucli f]^p^p„f^ the purchaser shall, immediately after the property shall be
knocked off to him, pay into the hands of the sheriff a sum which shall
be at least equal to ten ])er rent, upon the amount of his purchase, to-
\vards the payment thereof; and if he should fail or neglect to malie
UF 80UTH CAROLINA. 707
such payineni, the sheriff" shall immediately set up the same property foi A. n. 1813.
public sale; and shall not, upon such re-sale, or any other sale of the ^-'^'^''"^
same property made by virtue of this Act, recei%'e the bid of the first pui-
chaser or his agent. And the sheriff" shall, in all his advertisements of
the property sold by virtue of this Act, on account of the paper medium
loan, give notice that he will require payment of tlie said ten per cent.;
to the end that no person inclined to purcliase at the said sales may be
ignorant thereof.
XIV. And he it enacted by the authority aforesaid. That if any per-
son, after paying; ten per cent, as aforesaid, shall fail or neglect to com- Forfeiture on
ply with I he terms of sale, all money so paid shall be forfeited to t'lc "°^^^']^°'^:jl^
State ; and shall first be applied to tiie payment of the costs and charges ac- the terms of
cruing on the said sale, and the surplus, if any there shall be, shall be paid such sales.
into the treasury of this State, in aid of the revenue thereof.
XV. And be it enacted by the authority aforesaid. That if any
person shall, at any re-sale made by the sheriff" on account of the first oi Terms of sale
any former purchaser having failed or neglected to pay the percentage when lands
aforesaid, or to comply with the terms and conditions of the sale, such '^'^ re-sold,
purchaser shall be bound by his purchase, and comply with this Act,
and the terms and conditions of such re-sale, and shall not be allowed
to say or preteml that he bought the same as agent for the first or any
former purchaser. Provided, that it shall be publicly proclaimed by the
crier, at such sale, that the same was to be on account and risque of
the first or some former purchaser; and that the conditions and terms
shall, in like manner, be proclaimed by him immediately before the property
is set up.
XVI. And be it enacted by the authority aforesaid. That in case of
any re-sale m:ide under the authority of the preceding clauses of this Act, on Defaulters lia-
account or by reason of the non-payment of the ten per cent, hereby required ble for any
to be paid, or on account of the non-compliance with the conditions and '^''*'"''"!'y ''>
terms herein before prescribed, the person or persons for whose default the
said re-sale shall be made, shall be, and he, she and they is and are hereby
declared to lie, liable for any deficiency which may happen between the
first and any subsequent sale of the said property ; and the tieasurers are
hereby authorized and directed to commence suits for the recovery of any
such deficiency.
XVII. And be ii further enacted by the authority aforesaid, That it shall
be the duty of the ta.\ collectors of this State to make, on the first day
of August next, to the commissioners of the poor, in the parish or dis- ""^ "'^'
trict in which any poor tax shall be by the said tax collectors respec-
tively collected, a return of such poor tax, in like manner as they make
returns of the public tax to the treasurers of this State. And it shall
also be the duty of the said tax collectors to make a duplicate return t3
the comptroller general of the amount of the tax so collected and paid to
the commissioners.
XVIII. Atid be it. enacted by the authority aforesaid. That the comp-
troller general be, and he is hereby, required and directed to call on Transient
the treasurer of the City Council of Charleston to render an account poor fund of
on oath of the application of such monies as are appropriated for the Charleston,
transient poor, and for other purposes ; and that the account so rendered
be laid before the Legislature.
XIX. And be it enacted by the authority aforesaid. Thai the several ^7^^^^"^''^^;°"
tax collectors in each fiscal division of the State shall exhibit, in some erty lying in
column of his return, the number of acre.s of land lying within thfir re- "'^'^''.'l",'''''""'
spective divisions, and the number of acres lying elsewhere, and for which a"r'e pa'd them'
708 STATUTES AT LARGE
A. 1). 1813. taxes sliall be paiJ tliem ; in like manner they shall exhibit in other columns
'■■'^'"^'''^'^ the number of negroes in their respective divisions, and of those else-
where, whereon taxes shall be paid them; and in other separate col-
umns exhibit the aninnnt of taxes in their respective divisions, on every
different article taxed liy law ; and the treasurer of each division, and the
comptroller general, shall preserve these columns in their aggregate of
taxes to be laid beibre the next meeting of the Legislature.
XX. And be it further enacted by the authority aforesaid, That the tax col-
R--turn 10 be lectors for the parishesof St. Philip's and St. .Michael's shall, on the first Mon-
collectors. °3y in the montlis ot April, May and J une, in each and every year, make the
following return to the treasurer of the lower division, "L A B, do solemn-
ly swear (or affirm, as the case may be,) that the sum of dollars, by
me now paid, is all the money which I have received on account of the gen-
eral tax, since my last return." And on the first Monday in July, in each and
every year, the said tax collectors for the parishes of St. Philip's and St.
Michael's, and each and every tax collector in the upper and lower division
of the treasury of thisState, shall complete and finally close their several and
respective returns, by paying the full balance which may have liecn received
by him or them, protlucing to the treasurers of the upper and lower divi-
sions of tiie treasury of this State, respectively, the sheriffs's receipts for
executions lodged by them against defaulters ; and if the sheriffs's re-
ceipts, so produced, shall not satisfactorily account for the full balance due
on said return, then, and in such case, the treasurer in each division
respectively shall be, and they are hereby, directed to enforce the means
pointed out by the Act entitled "An Act declaring the duties and powers
of the enquirers and assessors of tiie taxes, and other persons concerned
therein," passed in the year of our Lord one thousand seven hundred and
eighty-eight. And the said several tax collectors, upon closing their said
returns, shall respectively take the following oath or affirmation: "I
t*k ' 'b th ^' ^•' ''"^ solemnly swear (or affirm) that the return which I now make is a
collectors. just and true return of all the taxable property made for the collection dis-
trict of , and that the sum of dollars, by me now paid, is the
whole of the monies I have received fir the general taxes of the said district,
since my last return ;" which oath or affirmation the treasurer shall im-
pose, and cause to be endorsed on the said return.
XXL And.be it further enacted by the authority aforesaid, That the comp-
Commissioners troller general be, and he is hereby, required anil directed annually to call
of pulilic buil-jjjj jjjg several boards of commissioners of public buildini's, and boards of
dmis and in- .. r -i ■ ii- -ii.i
land navigation commissioners lor clearing, opening and rendering navigable the seve-
toacconntto rj] Hvers and creeks in this State, to render to him an account on oath
jgf_ "^ of the application of such monies as are appropriated for the erection of
public buildings, or clearing, opening and rendering navigable the several
rivers and creeks in this State; and the accounts so rendered shall be laid
before the legislature.
XXI 1. And be it enacted by the authority aforesaid. That it shall
„ . . be the duty of the commissioners of the poor, and the commissioners of
Commissioners , i • , ■,-,■■ i ■ i • i ■ i • c- i i •
of the poor and the roads, in the several districts and parishes within this state, hy their
of the roads to secretary or treasurer, to render on oath to the clerks of the circuit courts
clerl's"of" "^ '" their respective districts, on or before the first Monday in Septem-
Gourts. bar in every year, a correct account of all monies by them received, and
the manner in which the same have been applied ; and it shall be the duty
of the clerks of the said courts respectively to transmit certified copies
thereof to the comptroller-general, to be by him laid before the Legisla-
ture. And in case the commissioners shall fail to make their returns
as required aforesaid, they shall respectively, as a board, forfeit and pay
the sum of one hundred dollars ; and the clerks of the respective courts
OF SOUTH CAROLINA. 709
shall, on failure of making the aforesaid returns, also forfeit and pay the A.I), inia.
sum of one hundred dollars ; the aforesaid penalties to be recovered, in v.^'-v-^..^
any court of law having competent jurisdiction, by action of debt. And it
shall be the duty of the attorney-general and solicitors, in their respective
circuits, to enquire of the clerks of the respective district courts whether
the aforesaid commissioners of the poor, and commissioners of the roads,
have made theirreturns to tiie clerks as aforesaid; and enquire of the comp-
troller-general whether the clerks of the respective courts have made their
returns above required ; and in case the commissioners and clerks as afore-
said have not made their returns as above directed, then the attorney-gen-
eral or solicitors, as the case may be, is hereby directed and required to
sue for, and recover in behalf of the State, the penalty which is by this Act
declared.
XXIII. And be it enacted by the authority aforesaid, That the comp-
troller-general shall publish in the Carolina Gazette a list of such commis- Names of
sioners and clerks as have neglected to make their returns as above (lefaulters to be
required, for the last year ; and provided that the said commissioners and puol's"™-
clerks do not make their returns on or before the first day of September
next, it shall be the duty of the attorney-general or solicitors, as the case
may be, to sue for and recover the penalty to which they have been hereto-
fore declared liable; except the commissioners of St. Philip's and St. Mi-
chael's parishes, who shall account to the City Council of Charleston as
heretofore.
XXIV. And be it further enacted by the authority aforesaid, That each
and every tax collector shall pay to the commissioners of the poor, or their Tax collectors
treasurer, on or before the first Monday in August in every year, all the monies tomakepay-
which have been or may be collected by them for the use of the poor, ex- po,„,„j55jjmgfg
cept when such monies have been otherwise appropriated by law, under of the poor,
the penalty of the forfeiture often dollars for every day they may fail in so
doing; to be recoveied in any court of law having competent jurisdiction,
to go to the use of the poor of the said district or parish wherein said
default shall be committed.
XXV. And be it further enacted by the authority aforesaid. That it shall
be, and is hereby declared to be, the duty of the comptroller general, as '^"""'^ "'^ ?"
speedily as the same can be done, to make out, from the returns of the tax pay tax to be
collectors, and transinit to the clerks of the several courts in the several dis- transmuted to
tricts of this State, the names of all persons who have made returns forp(jm.(g'_
the year 1812, together with the taxes paid by the said persons, to the end
that the persons paying such tax may have an opportunity of comparing
their receipts with the same. And it shall be the duty of the clerks of the
said courts, on application of any person for an inspection of the said state-
ment so transmitted tohimby the comptroller-general, to produce the same;
and in case there shall appear a difference between the comptroller-general's
repoi t and the receipt of tax paid by such person, the clerk thereupon shall
report the same to the legislature ; and in case any clerk shall neglect or
refuse, without reasonable excuse, to exhibit the same, when demanded
in office hours, by any person or persons paying a tax in the said district,
he shall be subject to a penalty often dollars, to be recovered in any court
having competent jurisdiction ; one half to the informer, the other to the
treasury of this State. And the comptroller general, for his services thus
required of him, shall receive the sum of two hundred dollars.
XXVI. And be it further enacted by the authority aforesaid. That it shall
be the duty of every tax collector to specify in words, at full length, the sum Amount of tax
paid by every person for his general tax, distinguishing what every person JJjggj j,, words,
may pay for poor, or biidge tax, in the receipt to be given by every tax
collector to those persons who may pay a tax to him.
710 STATUTES AT LARUE
A. D. 1813. XXVIL And he it further auu-trd hy \.\ie ^mXvmly ufoiesaid. That it
v.rf'-v^w/ g|^jj]| jjg fiig duty of the attorney-general, and each of the solicitors of the
raland solici- different circuits, to certify to the comptroller-general, on or before the first
tors to account Monday in October in every year, the fines and forfeitures which have been
tro'lle/ "'"''' ^^^ """ -'ifl'cted by the courts upon his circuit, within the year next prece-
ding the day af iresaid ; and that it shall be the duty of each of the clerks of
the several circuit court districts, to return to the comptroller-general, on or
before the same day in every year, an account, upon oath, of all the fines
and forfeitures inflicted, had, or received within his district court, of
the manner how appropriated or remitted, and to pay over to the trea-
surer of the State the balance in hatifi on that day; that on failure of any
clerk to render such account, he shall forfeit and pay the sum of two
hundred dollars, tci be recovered in any court having competent jurisdic-
tion ; and it shall be the duty of the comptroller general to direct the
attorney-general or solicitors, as the case may lie, to sue for and recover
the said sum, of such clerk as shall fail to render such account.
XXVIII. And he it further enacted by the authority afoiesaid. That
i> 1. r .the said attorney-geneial or solicitors neolectins; to perform the duty re-
Penalty fornot . , , , • ^ 1- , , , ,? , 7- ' , , 1-
performing quired by the preceding clause, they shall be subject to the penally ot one
said duty. hundred dollars, to be recovered in any court having competent jurisdic-
tion.
XXIX. And he it furtJier enacted by the authority aforesaid, That from
The Acts of '^^'^ after the passing of this Act the clerk of every circuit court in this
Assembly to be State shall be authorized, and is hereby required, to draw an order on
derks'of'^ ^''^ ^""^ ^^"'' ^" express to the treasurer at Columbia or Charleston, which
courts. ever place may be nearest to the court house of said district, for so many
copies of the Acts of the Legislature as the said district may be entitled to
by law ; and the said clerk shall deliver, upon application, to each person
in said distiicl who may be entitled to the same, one copy of said Acts;
the person who rides the said express shall receive three dollars for every
forty miles he shall ride in going to and in returning upon the said service.
XXX. And he it further enacted by the authority aforesaid. That it shall
Acts to be ^'^ the duty of the printer of the State to have the said Acts printed on or
printed by the before the fifteenth day of Februaiy,in each and every year hereafter ; and
i5thof*ebrua-j.|jg q\qxV of every district court shall draw the aforesaid order on the treasu-
rer as afiiresaid, and have the said Acts in his possession for distribution
on or before the tenth day of March in each and every year hereaftt'r.
XXXI. Be it enacted by the authority aforesaid, That George Plexico,
Public land in Capt. William Palmer and Isaac J. Foster be, and they are hereby ap-
Pinckneyville pointed, commissioners to appraise and value the public land in Pinckney-
to be valued, yille, whereon the court house and goal were erected ; part of which land
is enclosed or occupied by Daniel McMahan, part by Thomas C. Taylor,
and part by Amos Davis, LCsquire ; and that each of the aforesaid persons
shall have the part of land by them enclosed or occupied at the valuation of
the commissioners ; and that the said commissioners be, and they are here-
by, authorized to make and e.vecute titles to the persons aforesaid, for the
respective [larts of land enclosed or occujiied by them, upon their first
jjaying into the treasury of this State the valuation which shall be made by
the commissioners aforesaid ; which valuation shall be made without any
regard to the iniprovenients on the said lands.
XXXII. Be it enacted by the authoiity aforesaid. That in case the said
Said land to be Daniel McMahan, Thomas C. Taylor, Amos Davis, or either of them, shall
taken at the . ' • , , , "^ , , <• • i , i i i
valuation or refuse to receive the saul land at the valuation aforesaid, that then the she-
sold by the fi(^' ,jf Union district for the time being shall sell, in separate and distinct
Union. Jots, the parts of land enclosed or occupied by the persons aforesaid, on
OF SOUTH CAROLINA. 711
some public sale day, giving tiie notice now required liy law in sales of A.I). ISKi.
land ; and that be do make and execute titles for tbe same totbe purchaser "^-^^'"'"^'^
or purchasers, upon the payment of the purchase money to him ; and that
the sheriff do pay the money, when received, into the treasury of this State.
XXXIII. And be ifjiirtker fnacted hy the s.uthor\ty afrivesak]. That the
owner or keeper of every stud horse or jack, in this State, shall pay the ho^rses^nd
price of the season of one mare, to the tax collector of each district where jacks,
such stud or jack stands.
XXXIV. And he hfurth r enacted, by the authority aforesaid, That every
owner or keeper of any stud horse oi- jaikass, shall give in and pay to the Said tax to be
tax collector of the district ov parish, on the first day of June in each andP^','' by the 1st
1- 1 II -1 11.- 1 01 June,
every year, wherein such stud horse or jackass may stand, the tax imposed
by this Act.
XXXV. And be it furtJier enacted hv the authority aforesaid. That all™ ,
■',,.,„ . •' , •' , , Tax on plays
persons representing publicly, lorgain or reward, any play, comedy, trage-and shows,
dy, interlude or farce, or other entertainment of the stage, or any part
therein, all fortune tellers, and those who exhibit wax figures, or shows of
any kind whatsoever, shall pay a tax of three dollars per day, when they
make those exhibitions at the towns or villages that are not incorporated ;
and the said sum of three dollars shall be paid into the hands of the clerks
of the courts respectively, who shall be bound to pay over the same into
the treasury annually.
XXXVI. And he it further enacted by the authority aforesaid, That a
tax of twelve and a half dollars per cent, shall hereafter be paid by the fhoenix Insur-
agent or agents of the Phoenix Insurance Company, in the city of Charles-*"'^'' ompany.
ton, on all premiums or income received by him or them for the said com-
pany, for the insurance of properly within this State, and on all marine
insurances effected by them within this State. And it shall be the duty of
the aforesaid agent or agents, on or before the first day of February in each
and every year, to make a return to the collector of the parishes of St.
Philip's and St. Michael's, of all property insured by them within this
State for the year preceding the first day of October, in each and evety
year ; in which said return the said agent or agents shall particularly state
the property by him or them insured for the preceding year, with the pre-
miums reserved in or received under policies entered into by the Phcenix
Company ; and in case the said agent or agents shall fail or neglect to
make the return required by this Act, within the time prescribed by the
Act, then and in that case it .shall be the duty of the tax collector for the
said parishes of St, Philip's and St. Michael's, and he is hereby authorized
and erapoweied, to issue an execution against the said agent or agents, for
a tax equal to double the sum which he may think the said company ought
to pay; which said execution shall in the first instance be levied upon any
property owned by or belonging to the said Phcenix Company, within this
State : and in case the said company should possess no property or effects
upon which the said execution can be levied, then the sheriff of Charleston
district, in whose hands the same shall be placed, shall cause the same to
be levied upon any propeity, real or personal, owned by or belonging to the
agent or agents of the said company; and in case the said execution, here-
by required to be issued, should be returned nulla bona, then and in that
case it shall be the duty of the said tax collector to issue an execution
against the iiody or bodies of the said agent or agents.
XXXVII. And he it further enacted by the authority aforesaid. That the Said tax to be
agent or agents of the said company, now or heieafter acting for them, P" -^..'i^
.-shall be, and they are hereby, authorized and empowered, out of the said company
712
STATUTES AT LARGE
Civil officers
taxed.
Compeii-satiun
to lax collec-
tors.
Sheriffs to
make returns
of execution?
lodged with
them.
premiums received for the said company, to retain a sum equal to the
payment of the tax imposed by this Act.
XXXVIII. And he it further enacted by the authority aforesaid, That
all civil officers shall pay to the tax collectors of this State, in each of their
respective parishes or districts, forty-five cents on every hundred dollars
which they may receive as perquisites of office.
XXXIX. And he it further enacted l)y the authority aforesaid. That
the several tax collectors throughout this State, except in the parishes of
St. Philip's and St. Michael's, shall be entitled to, and are hereby author-
ized to retain, as a compensation for collecting the taxes by this Act im-
posed, the sum of three and a half per cent., and the snid tax collectors for
St. Philip's and St. Michael's the sum of one and three quarter per cent,
upon the sums by them respectively collected ; and that all Acts or parts
of Acts repugnant to this clause be, and the same are hereby, repealed.
XL. And he it further enacted^ by the authority aforesaid. That the
sheriffs of the several districts within this State, with whom executions for
taxes shall be lodged by the collectors in this State, shall be, and they are
hereby, required, within ninety days after receiving such executions, to
make to the comptroller general a full and complete return thereof; and
in case any sheriff shall fail or neglect to make such return, within the
time prescribed by this Act, then and in that case it shall be the duty of the
comptroller general, and he is hereby enjoined and required, to cause such
defaulting sheriff to be debited in the books of the treasury with the full
amount of his receipt, and such sheriff or .sheriffs shall not afterwards be
entitled to a credit for any executions returned by them after the expira-
tion of the said ninety days, although such executions should be returned
"nulla bona" or "non est itiventus"
In the .Senate House, the eighteenth day ofDoceniber,
sand eight hundred and thirteen, aiui in the tliirl;
and IndependcTice of the United States of Amcric
■ thou,
eignty
SAVAGE SMITH, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatin
No. "2042. AN ACT rn jiake Appropri.at;ons for the yeah one xiini-SANn rroiiT
HU.NDUHD AND THIRTEEN.
L Be it enacted, by the honorable the Senate and House of Represen-
Appronriations*^''^^*' ""^ ™^'' ^"'^ sitting in General Assembly, and by the authority of
the same, That the following sums be respectively appropriated for the
salaries of the public officers, and other expenses and purposes of govern-
ment.
For the salary of the Governor, two thousand five hundred and seventy-
two dollars.
For the salary of the Secretary of the Governor, four hundred and thir-
ty dollars.
For the salaries of the six Judges of the courts of Common Pleas, each
two thousand five hundred and seventy-two dollars; in the whole, fifteen
thousand four hundred and thirty-two dollars.
For the salaries of five .Judges of the Courts of Eijuity, twelve thousand
eight hundred and si.xty dollars.
OF SOUTH CAROLINA. '/1 3
For the salary of the Attorney General, for giving advice to the Gover- ^- ^' l^'^-
nor and other public officers, in matters of public concern, as a full re- ^~^'~^'''*'—^
compense for the discharge of all public duties incident to the office of
Attorney General, one thousand dollars.
For the salary of the Comptroller-general, clerks and stationary inclu-
ded, as a full compensation for his services, three thousand dollars.
For the salaries of four Circuit Solicitors, in lieu of all cliarges against
the State, for the performance of every public duty appertaining to their
respective offices, each five hundred dollars ; in the whole two thou-and
dollars.
For the salary of the Treasurer in Charleston, and for transacting the
business of the loan office, and clerks, two thousand six hundred and fifty-
eight dollars.
For the salary of the Treasurer in Columbia, including clerks, two
thousand dollars.
For Lyon Levi, while he contmues clerk in the treasury office, in ad-
dition to his salary as clerk, four hundred dollars.
For the salaries of the Clerks of the Senate and House of Representa-
tives, each twelve hundred and thirty dollars ; in the whole, two thousand
four hundred and sixty dollars.
As a compensation to the Clerk of the Court at Columbia, for his services
in attending the Constitutional Court, one hundred and foi-ty dollars.
As a compensation to the Commissioner in Equity, for his attendance m
the Court of Appeals in the court in Columbia, one hundred dollars.
As a compensation to the Clerk of the Court of Charleston, one hundred
and forty dollars.
As a compensation to the Sheriff of Richland district, for attending the
Constitutional Court and the Court of Equity at Columbia, one hundred
dollars.
As a compensation to the Sheriff of Charleston district, for attending the
Constitutional Court and Court of Appeals in Charleston, one hundred and
fifty dollars.
As a compensation to the keeper of the State House at Columbia, one
hundred and thirty dollars.
For the salary of the Adjutant General, two thousand dollars.
For the salaries of nine Brigade Inspectors, each two hundred and six-
teen dollars ; in the whole, one thousand nine hundred and forty-four dollars.
As a compensation to James S. Guignard, commissioner of Columbia,
sixty-eight dollars, sixty-eight cents.
As a compensation to John Sollee, for the use of his building, fifty
dollars.
As a compensation to John Parr-, for work done in Senate chamber,
twenty-two dollars twenty-eight cents.
For the salary of the Port Physician of Charleston, for boat hire and all
other expenses incident to his office, one thousand dollars.
As a compensation for the Arsenal keeper and powder receiver in
Charlestorj, five hundred dollars.
As a compensation to the Arsenal keepers and powder receivers at
Camden and Abbeville, fifty dollars each — in the whole, one hundred dol-
lars ; and for the arsenal keepers and powder r-eceivers for Georgetown
md Beaufort, one hundred and fifty dollars each — in the whole three hun-
dred dollars.
For the contracts with the State Printers, a sum not exceeding fifteen
lundred dollars.
VOL. v.— 90.
714 STATUTES AT LARGE
A. D. 1S13. ^g a compensation foi the Pilot of'tlie bar and harbour of'Georgetowii,
^~-'^~^''^^^ three hundred and twenty-two dollars.
As a compensation to the Pilot of the bar and harbor of Beaufort, three
hundred and twenty-two dollars.
For Annuities, two thousand five hundred dollars.
For the Transient Poor, payable to the City Council of Charleston, four
thousaijd two hundred and eighty dollars.
For the salary of ihe keeper of the Lazaretto of the port of Charles-
ton, five hundred dollars.
As a contingent fund subject to the Governor's draft, for the expendi-
ture of which he shall submit an annual account, ten thousand dollars.
For the expenses of the Members of the Legislature at the present ses-
sion of the Legislature, and pay of the Solicitors for their attendance,
seventeen thousand dollais; if so much be necessary.
As a compensation to the two Doorkeepers of the Legislature, two hun-
dred and fifteen dollars each ; in the whole, four hundred and thirty dollars.
As a compensation to two Messengers, two hundred and fifteen dollars
each — in the whole, four hundred and thirty dollars ; to be paid at the ad-
journment of the legislature.
For the rent of the Governor's house in Columbia, two hundred and fifty
dollars.
For aid in supporting the transient poor in Georgetown, the sum of
five hundred dollars, to be paid to the commissioners of the poor of
Prince George, Winyaw, to be laid out and expended by them for the use
of the transient poor; the said commissioners to publish annually, in the
Georgetown Gazette, the names of all such transient poor, and the sum laid
out for each, as may have been relieved by this fund ; an account on oath to
be returned to the comptroller-general, and by him submitted to the legis-
lature.
For the discharge of the contingent expenses of the upper division of
the State, a sum not exceeding si.\ thousand dollars.
For the discharge of the contingent expenses of the lower division, six
thousand dollars.
For the salaries of two tutors in the South Carolina College, each six
hundred dollars — in the whole, twelve hundred dollars.
For the salary of the Professor of Chemistry in the South Carolina Col-
lege, sixteen hundred dollars.
IL And he if. enacted by the authority aforesaid. That the sum of six
hundred dollars be, and the same is, appropriated to the professor of
CoUeg-e?" '" logic and moral philosophy ; and that the sum of six hundred dollars be,
and is hereby, appropriated to the professor of languages, in addition to
what each of the said professors are already allowed out of the funds annu-
ally appropriated to the South Carolina College, agreeably to a principle
established by the appropriation of the year eighteen hundred and twelve,
of the like sums for that purpose.
For the pay of the magazine guard, to consist of an officer, sergeant,
and six men ; to be paid by and under the direction of the comptroller-
general, two thousand dollars.
IIL A7nl he it enacted by the authority aforesaid. That the treasurer
,. .. at Charleston, under the dii-ection of the comptroller-general, in his pre-
Fapor medium i ■ \ i- \ r^ ti ■ i <■ i o c i
to be burn . sence and m the presence oi the Govei'nor, President of the Senate, fepeak-
er of the House of Representatives, and any three of the Judges of the •
Courts of Law or Equity irr this State, or in the presence of a majority of
the persons above mentioned, shall, as soon as convenient after the passing
of this Act, cause all the paper medium of this State, now in the treasury,
OF SOUTH CAROLINA. 715
or that may be received previous to the next meeting of the Legislature, in A.I). 1813.
be burnt : Provided, that tlie sum so burnt shall not exceed two thousand ^-^"v^*.^
and sixty-one dollars ; and the said treasurer is hereby required to report
to the Legislature the amount of the medium which may be burnt pursuant
to this Act.
IV. And he if enacted by the authority aforesaid, That the treasu- ,„
■;, , •',, , Trensiirer to
rer, on receiving any money from the tax collectors, or any other person, ^j^g („„ ^g.
shall give him or her two receipts for the same ; and in case any trea- ceipts.
surer shall neglect to furnish any person with two receipts as aforesaid,
he shall forfeit and pay a sum not exceeding two hundred dollars, nor less
than fifty dollars ; to be recovei-ed in any court having jurisdiction theie-
of; and the comptroller general, upon information made to him, shall take
the necessary measures to cause the same to be recovered.
V. And he it further rnacted. That so much of an Act passed the twenty-
fourth day of September last, as authorizes the Governor to pay the
adjutant general additional compensation, be, and the same is hereby,
repealed.
For Benjamin Tyler, arreais of pensions from one thousand seven
hundred and eighty-four to one thousand eight hundred and four, four
hundred and twenty-eight dollars and forty cents.
To D. & J.J. Faust, for printing extracts from the journals of the Sen-
ate, for the years 1S12 and 1813, in conformity to contract with that house,
five hundred dollars.
For Thomas Taylor, senior, twelve hundred and twenty-three dollars
and forty-six cents, agreeable to a resolution of both branches of the Legis-
lature.
Foor John Parr, for repairs of the tables of the Representatives cham-
ber, agreeable to a resolution of this house, one hundred and seventeen
dollars, ninety-two cents.
For John Mayrant, three hundred dollars, or so much thereof as will pay
the interest at six per cent, on the sums appearing to have been due him
on the portage bill book of the frigate South Carolina, to be ascertained
and settled by the comptroller general, and by him to be reported to the
Legislature at their next session.
For the purchase of two swords, as a testimony of respect for the dis-
tinguished services of Lieutenant Edward M'Call and Lieutenant Thomas
Tillinghast, in a naval engagement between the American sloop of war
Enterprise and the British sloop of war Boxer, in which the American
arms were victorious, five hundred dollars.
VI. Be it enacted by the authority aforesaid. That the sum of fifteen
hundred dollars be paid (if so much be necessary) to the <^'^tnmissioners q^"' "^
appointed by the Legislature to superintend the building of the gaol in
Georgetown district, for the purpose of completing the same.
VIL And he it enacted by the authority aforesaid. That the sum of
one thousand five hundred dollars be appropriated for the repairs and
completion of the court house and gaol of Colleton district, if so much be " '^'""'
necessary ; and that James P. Appleby, Joseph Coger, Jr. W. B. Mitch-
ell, William Oswald, and Richard Singleton, be, and they are hereby ap-
pointed, commissioners for repiiring and completing the said court house
and gaol.
For the commissioners for laying out and designating certain boundary
lines between the parishes of St. Philip and St. James, Goose-creek, of
St. James, Goose-creek, and St. George's, Dorchester, of St. Geoige's,
Dorchester, and vSt. Andrew's, and of St. Andrew's and St. Philip's, to pay
surveyors, and four brirk pillars, the sum of three hundred dollars, if so
much be necessary.
716 STATUTES AT LARGE
A.I) l.!Kt. p,,,, Atualiam Harmon, as payment for a horsR lost in the service of the
'^^^^^""^'^ State, fifty dollars.
For Gideon Cole, as payment for a horse impressed and injured in the
service of the State, eighty dollars.
For the repairs of the court house of Lancaster district (if so much be
necessary,) two hundied dollars ; and that Samuel Dunlap, John Mont-
gomery and Binjamin Massey, be appointed commissioners to superintend
the said repairs.
For Joshua and William Palmer, for the purpose of remunerating them
for damages sustained for cutting their saw mill dam, five hundred dollars.
VIIL And be it fart/wr enacted by the authority afnesaid, That the sum of
Appropriation eighty thousand dollars (if so much by necessary,) be, and the saine is here-
fortlie militia, by, appropriated for the pay, rations and support of such of the militia of
this State as the Governor or Commander-in-chief shall think pioper to
call out for the defence of the State, and for the munitions of war and all
other military purposes.
For William Scarborough, two hundred and twelve dollars, thirty cents,
to reimburse him for expenses incurred in defending his father's estate,
against which a suit had been instituted on behalf of the State for a bond
which had been paid to a former treasurer, but not canceled.
IX. A?id he. it farther enar.ted by the authority aforesaid. That the com-
ChfiBter court missioneis appointed to superintend the repairs of the gaol of Chester dis-
house. trii-.t, be authoiized to apply to the repairs of the court house of the said
district any unexpended monies in their hands.
X. And he it enacted, by the authority aforesaid, That the comptroller-
eeneral be, and is hereby, directed not to proceed to collect a certain debt
Froceedinjrs i i , ■ p o i t-» i i i i i o
to be stayed in due by the representatives oi btephen Baldy, deceased, to the .>tate, nor a
certain casee. certain debt due bv Elias Gabriel Jaudon to the State : pmvided, that the
representatives of the said Stephen Baldy and Elias Gabriel Jaudon, shall
give further security, if the comptroller shall think it necessary.
To William Knox, for his ariears of pension, the sum of eighiy-five
dollars, seventy-one cents.
For the siipport of two orphan boys, selected by the commissioners of
the orphan house, one hundred and forty dollars each, as provided for by
an Act passed in the year one thousand eight hundred and eleven — in the
whole two hundred and eighty dollars.
XI. And he it enacted, by the authority aforesaid. That a further indul-
Fiirther indul- gence, until the first day of January one thousand eight hundred and fifteen,
g-pnce to seen- be, and the same is hereby, extended to Charles Pinckney, Esquire, and
Dnviev ''"^ "''ler sureties of Daniel Doyley, for the debt due by them to the State.
For Doctor Elijah (iillet, six hundred dollars, as restoration of a sum of
money improperly paid by him on account of his father's estate ; and the
comptroller-general is hereby required to have satisfaction entered upon a
judgment obtaitied by the State against him, as the executor of the late
Aaron Gillett.
XII. And he it enacted by the authority afiresaid, That the comjitrol-
ler-general be, and he is hereby, authorized and required to negotiate a
CoinpiroUor tojQ^p with the bank of the State of South Carolina, for the sum of one
KTowUh the hundred and thirty-four thousand dollars, for the purpose of paying the
Bank. quota of the direct tax imposed on this State by the general government :
and, on or before the tenth day of February next, to place to the credit of
the secretary of the treasury of the United State, the suin of one hundred
and twenty-nine thousand one hundred and nineteen dollars twenty-five
cents, being the amount required of this State under the Act of Congress.
For William G. Singletary, as a compensation for registering the records
of Marion distiict, agreeably to a resolution of the Legislature in Decern-
OF SOUTH CAROLINA. 717
ber, one thousand eight hundred and twelve, six hundred and eighty-three A. U. 1813.
dollars. v.o'-v^w
For William Rowe, to remunerate him for expenses incurred in assem-
bling and furnishing supplies to two detachments of militia ordered out,
seventy-nine dollars and twenty-four cents.
For William Wayne, for extra work done to the court house of George-
town, one hundred and fifty dollars.
For William B. Villard, for injuries sustained in apprehending an out-
law negro man, Sampson, three hundred dollars.
For Zachariah Stedham, for arrears of pensions from seventeen hundred
and ninety-one to eighteen hundred and thirteen, four hundred and seven-
ty-one dollars and forty-two cents.
To indemnify the estates of Uriah Edwards and Francis Coleman for a
tract of land improperly sold by the commissioners of confiscated estates,
as the property of Jacob Valk, to be paid to the legal administrators of
the said Uriah Edwards and Francis Coleman, whenever they shall admin-
ister on said estates, within this State, three thousand and eighty-five dollars.
For William Carter, one hundred and seventy-one dollars and forty-two
cents, an arrearage of pensions granted to him by a resolution of both
branches of the Legislature in December, one thousand eight hundred and
twelve.
For the purpose of refunding to Benjamin Reynolds the purchase mo-
ney of a piece of land sold by the State, and in which the State had no
title, nine hundi-ed and fifty-five dollars, seventy-three cents, with interest
at seven per cent, from eighteenth of April one thousand eight hundred
and six, to first day of January next.
For Peter Gibert, executor of P. Moragne, assignee of John Campbell,
for an indent certificate, number two hundred and forty-one, for seven
pounds one shilling and five pence, or thirty dollars and thirty cents, with
interest from the first of April one thousand seven hundred and eighty-
nine.
For the repair's of the court house of Kershaw district, if so much be
necessary, one thousand dollars ; and that Wiley Vaughan, James Ches-
nut, Peter Warren, Chapman Levy and Thomas Whitaker, be appointed
commissioners to superintend the said repair's.
For the repairs of the gaol of Beaufort district, if so much be necessary,
two hundred and fifty dollars ; and that Berkley Ferguson, Charles
Jones Jenkins, and John Riley, be appointed commissioners to superin-
tend the said repairs.
XI n. And he it enacted by the authority aforesaid. That the following
sums of money be appropr-iated for the pur-poses hereafter mentioned, viz.
For Dr. John Noble, for attendance on the magazine guard, in the years
one thousand ei2;ht hundred and eleven and twelve, one hundred and twen-
ty-thi-ee dollars, twenty-seven cents.
For Dr. John L. E. W. Shecut, for attendance on the magazine guard,
in the year one thousand eight hundred and eleven, one hundred and one
dollars, fifty cents.
For Dr. James Moultrie, for attendance on prisoners in Charleston gaol,
in the years one thousand eight hundred and eleven and twelve, three
hundr-ed and seventeen dollars fifty-three cents.
For Dr. James Moultrie, Jr. for attendance on prisoners in Charleston
gaol, in the years one thousand eight hundred and eleven and twelve, two
hundred and seventy-three dollars, sixty-five and a half cents.
For Dr. Abner Crenshaw, for attendance on prisoners in Laurens gaol,
in the year-s one thousand eight hundred and eleven and twelve, twenty-
five dollars, twenty-five cents.
718 STATUTES AT LARGE
A.U.iA.. ^g a compensation to John McNeill, gaoler of Chesteifiekl, for dieting
a prisoner, fifty- nine dollars, twenty-five cents.
For Doctors Brazier and Rambert, for attendance on prisoners in Edge-
field gaol, in the years one thousand eight hundred and eleven and twelve,
thirty-eight dollars.
For Dr. Thomas Brickhouse, for attendance on prisoners in Edgefield
gaol, in the years one thousand eight hundred and eight and nine, forty-
four dollars, twenty-five cents.
For Doctor Sweepsom Cox, for attendance on prisoners in Camden
gaol, in the year one thousand eight hundred and twelve, nine dollars fifty
cents.
XIV. And he it further enacted by the authority aforesaid, That two
hundred dollars be, and is hereby, appropiiated for the purpose of repair-
anoa gao . j^^^ the gaol in Marion district, if so much be necessary ; and that Colonel
Godbold, Major Legget, O. Daniel, John M'Lean, and Jesse Legget, be
appointed commissioners to superintend the same.
XV^. And be it further enacted h^ i^^e authoiity aforesaid, That William
Griffin be, and he is hereby, placed upon the pension list, and shall be en-
titled to all the arrearages heretofore, and tiiat the comptroller general be
directed to pay him the same, from the year one thousand seven hundred
and ninety-four.
For Samuel Raney, in payment of an indent issued to him, on pro-
ducing said indent to the comptroller general, thirty-four dollars and twenty
eight cents, with interest thereon from the thirteenth of May, in the year
one thousand seven hundred and eighty-five.
For Philip Fry, twenty-one dollars, fiirty-two cents, agreeable to the
joint concurrence of both houses of the Legislature.
For Hardy Stroud, twenty-one dollars, forty-two cents, for one year's
annuity due his father, William Stroud, agreeable to ajoint resolution of
both houses of the Legislature.
XVL And he it further enacted. That the compti oiler be, and he is
hereby, authorized to pay to William Adams three hundred and fifty-one
dollars, for an indent issued in favor of the said William Adams, but which
was never paid him.
Ill the Senate House, the eighteenth day of December, m thoyearof our Lord one thousnnJ
eiglit hundred and thirteen, and in the thirty-eighth year of the Independenct of the
United States of America.
SAVAGE SMITH, President of the Senate.
JOHN GEDDES, Speaker of the House of Re^'resentatires.
No. 2043. AN ACT to enable persons, hereafter, on petition to the Courts
OP Law or Equity in this State, to change their namks; and
FOR OTHErTpuRPOSKS THKREIN MENTIONED.
I. Be it enacted, by the honorable the Senate and House of Repiesen-
tatives, now met and silting in General Assembly, and by the authority of
the same. That from and after the passing of this Act, it shall and may be
lawful for any person who may be desirous of chansring his or her name
OF SOUTH CAROLINA. 719
for that of another, to exhibit his or her petition in writing, to any of the A. I). 1814.
judges of the Courts of Common Law or Equity of this State, in open ^■^"'"v"^-'
court, setting fotth in said petition tlie reasons why he or she is desirous of
changing his or her name, together with his or her age, place of residence forThanging
and nativity, and the name by which he or she wishes thereafter to be called names.
and known : ujion which said petition and the reasons therein contained,
it shall be the duty of the judge to determine, and grant or not grant the
prayer thereof, as to him shall appear proper, having a due regard to the
true interest of the petitioner. That whenever the prayer of such petition
shall be granted, it shall be the duty of the clerk or commissioner of said
court, to enter the same on the minutes of the court, and to file the original
petition, with the^"«/ of the judge, among the papers of his office; and to
deliver to the petitioner a true copy of said petition, together with a copy
of the judge's order thereon, properly certified, and under the seal of said
court; for which the said clerk or commissioner shall be entitled to and re-
ceive from the petitioner tiie sum of five dollars, and no more. And which
proceedings so certified as aforesaid, on being produced to the secretary
of this State, shall by him be recorded in a book to be by him kept in his
office for that purpose, whose duty it shall be forthwith to deliver to the
petitioner a true copy of such record, with the seal of this State affixed ;
for which the said secretary shall be entitled to and receive from the peti-
tioner the sum of five dollars, and no more. And upon the seal of the
State being affixed to the record aforesaid, and delivered to the petitioner,
his or her name shall be, and is thereby immediately, changed to that con-
tained in the said record.
II. And he it enacted by the authority afore.said, That in all cases, wheth-
er in Law or Equity, the person so changing his or her name may sue
and be sued, plead and be impleaded, by his or her new name, and no
other. That in all cases where an action or actions shall be pending at the
time of such alteration of names, the same shall not abate by the party's
name being changed, but the record on motion shall be amended by ex-
punging the old name, and inserting the new name of the party. And
that in all cases, whether in Law or Equity, where the party changing his
or her name is bound by obligation or otherwise, the ett'ect of which obli-
gation would extend to and impose any obligation on the heirs, executors
or administrators of the person so having changed his name, the same heirs
shall be and remain bound to all intents and purposes, in the same manner
and to the same extent as if the said party had not changed his or her
name.
In the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand eight hundred and fourteen, and in the thirty-ninth year of the Independence of
the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Speaker of the House of Representatives.
AN ACT to establish a Court of Equity for Edgefield district. No. 2044.
(Passed December 20, 1S14. See last volume.)
STATUTES AT LARGE
No. 2045. AN ACT for the protection op thk maratime frontier of this
State.
I. Be it enacted, by the honoiaUle the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority
of the same. That the Governor and Commander-in-chief of this State
be, and he is hereby, authorised to cause a survey to be made of the ma-
ratime frontier of this State ; and, in conjunction with the officer of tlie
United States army commanding this military district, to fix upon certain
points for the estabHshment of block-houses or other fortifications for the
protection of the coastmg trade ; and he is hereby authorized to build
block-houses on the said points, or establish such a chain of military posts
as will in his opinion nKJSt effectually provide for the protection of the
maratime frontier ; and the Goveinor is hereby authorized, in case the
United States shall not provide a sufficient number of men to occupy and
defend the said posts, to call into service such portion of the militia of this
State as may be necessary for the purposes aforesaid.
II. And be it further enacted by the authority aforesaid. That the sum
of fifty thousand dollars, (if so much be necessary) be, and the same is
hereby, appropiiated for the purposes above mentioned.
In the Senate House, the twenty first day of December,in the yearorour Lord one thou,
sand eiffht hundred and fourteen, and in the thirty-ninth _\ ear of the (iidependence of
the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Speaker of the House of Representatives.
No. 2046. AN ACT to prolong the time for certain militia officers to take the
oath or affirmation prescribed by law.
(Passed December 20, 1814. See last volume.)
No. 2047. A-N ACT to alter and amend the charter of the Bank of the State of
South Carolina, so far as relates to the issuing of bills of a less de-
nomination than one dollar ; and for other purposes therein men-
tioned.
(Passed December 21, 1814. See last volnnie.)
OF SOUTH CAROLINA.
AN ACT to incorpoiate the several Societies therein nienlioiieil ; and No. 2048.
for other purposes.
(Passed December 21, 1S14. See last volume.)
A\ ACT TO VE.ST CEKTAIN LaNP.S IN THE DISTRICT CF M.4RI0N IN TUK No. 2049.
President and Membkrs of the Marion Acadi my Society, for
THE PURPOSE OF ENDOWING THE MaRION AcADEMY.
1. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authoiity of the
same. That all the confiscated property to which the Slate is now entitled in
thedistiict of Marion, and all such properly as hath heretofore or may here-
after accrue to this State in the said district, on account of property which
by an Act entitled " An Act to appoint escheators and regulate escheats,"
hath escheated to this State, provided the same shall not exceed the sum
of two thousand dollars, shall be, and the same is hereby, vested in the
President and members of the Marion Academy Society, for the benefit of
the Marion Academy. And the said Marion Academy Society are hereby
vested with all the powers of escheators in the district aforesaid, for the
selling and disposing of the land and property aforesaid : Provided, that
nothing contained in this s'all effect the property of any friendly
aliens residing in this State.
In the Senate House, the twenly-first day of December, in the year of our Lord one thou-
sand eight hundred and fourteen, and in the thirty-ninth year of tlie Sovereignty and
Independence of the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Speaker of the House of Representatives.
AN ACT TO ALTER AND CHANGE THE NAME OP ALEXANDER SiLLS. No. 2050,
I. Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and silting in General Assembly, and by the authority of
the same. That the name of Alexander Sdls be changed and altered to
that of John Alexander Willey ; and that from and after the passage of
this Act the said Alexander Sills shall be known and called, in deed and
in law, by the name of John Alexander Willey.
In the Senate House, the twentieth day of December, in the year of our Lord one
thousand eight hundred and fourteen, and in the thiity-ninth year of the Indepen-
dence of the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Speaker of the House of Rtprescntatires.
VOL. v.— 91,
STATUTES AT LARGE
No. 2051. AN ACT Tit rnabi.f. John Williams to take by descfnt fkom his
MOTHER, Nanxv Williams.
WHEREAS, John Williams has represented, by his petition to the
Legislature of this State, that he is ihe illegitimate child of Nancy Wil-
liams, and tliat she is seized and possessed of a considerable estate, and
by reason of her insanity is unable to devise or dispose of the said estate
in favor of the said John Williams :
L Be it therefore enacted, by the honorable the Senate and House of Rep-
resentatives, now met and sittmg in Gennral Assembly, and by the authority
of the same, That the said John Williams shall be able and capable in
law to have, hold and take by descent all such property or estate, of what
nature or kmd soever, of which the said Nancy Williams shall or may be
seized or possessed of at the time of her death, in as full and ample a
manner as if he, the said John Williams, had been born in lawful
wedlock.
In the Senate House, the twenty-first day of Decemher, in the year of our Lord one thousand
eight hundred and fourteen, and in the thirty-ninth year of the Independence of
the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Speaker of the House of Representatives.
No. 2052. AN ACT to alter the Southern Circuit, so as to give to the District
of Edgefield two weeks for the sitting of its Courts ; and to alter
the time of holding the election for Sheriff of Beaufort District.
(Passed December 21, 1814. See last volume.)
No. 2053. AN ACT for incorporating the Grand Lodge of South Carolina.
(Passed December 20, 1814. See last volume.)
No. 2054. AN ACT to divide the State into Five Divisions and Ten Brigades.
(Passed December 21, 1814. See last volume.)
No. 2055. AN ACT to raise a Brigade of State Troops.
(Passed Dec. 20, 1814. See last volume.)
OF SOUTH CAROLINA.
^47V ACT To vKST CURTAIN Keai. Estatks in John M'Ninch.
WHEREAS, John M'Ninch, whilst an alien, purchased certain real
estates, which he has petitioned the Legislature to vest in him :
L Be it enacted, by the honorable the Senate and House of Rejiresenta-
tives, now met and sitting in General Assembly, and by the authority of
the same. That all lands and real estates which the said John M'Ninch
may have purchased, whilst an alien, shall be, and the same are hereby,
vested in the said John M'Ninch, his heirs and assigns, for ever ; any
law to the contrary notwithstanding.
In the Senate House, the twenty-first day of December, in the year of our Lord one thousand
eight hundred and fourteeen, and in the thirty-ninth year of the Independence of the
United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Speaker of the Hou.se of Represetitatice.^.
No 2056.
AN ACT to establish certain Roads, Bridges and Ferries; and for other No. 2057.
purposes therein mentioned.
(Passed December 21, 1814. See last volume.)
AN ACT TO AMEND AND EXPLAIN AN AcT ENTITLKD " An Act Umithlg No. 2058.
the term of service of certain Officers who have heretofore held their
offices during good behaviour ; and for other purposes therein mentioned"
so far as RIXATES TO THE MODE OP APPROVING THE SECURITY TO BK
GIVEN BV THE ATTORNEY GeNERAL, SoLICITOHS, ReGISTFR.S AND COM-
MISSIONERS IN Equity.
WHEREAS, it is required by the aforesaid Act that the attorney gen-
eral and solicitors shall respectively give bond with two good securities,
to the State of South Carolina, to wit : the attorney general in the penal
sum of ten thousand dollars, and the solicitors each in the sum of five
thousand dollars, for the faithful discharge of the duties of their respec-
tive offices ; and it being doubtful whether any person or persons are
luthorized by the said Act to approve of such security :
I. Beit enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of the
same, That the comptroller general be, and hs is hereby, authorized to
approve of the security hereafter to be given by the attorney general and
solicitors respectively.
n. And whereas, B. H. Saxon hath, during the present session of the
Legislature, been duly elected a solicitor for the western circuit of this
State, but hath not given bond and security agreeable to the Act aforesaid,
or entered upon the duties of his office : Be it therefore enacted by the
authority aforesaid, That the comptroller general be, and he is hereby,
authorized to approve of the security and receive the b md to be executed
STATUTES AT LARGE
by the said B. H. Saxon, for the faithful discharge of the duties of his office ;
any law, usage or custom to the contrary notwithstanding.
III. And he it enacted by the authoiity aforesaid, Tliat every register and
commissioner in equity, who shall hereafter be appointed, shall execute a
bond with good and sufficient secuiity, for the sum often thousand dollars,
for the faithful performance of the duties of theii' respective offices ; except-
ing the registers and commissioners of Georgetown, Chaileston and Beau-
fort, who shall be required to give the same security as heretofore required
by law ; the bonds to be taken and securities approved of by such commis-
sioners as are or shall be appointed to approve the securities of the sheriff
of the circuit court district in which the registers and commissioners
aforesaid shall I'espectively reside.
Jn the Senate House, December, the sixteenth day, in tlie year of our Lord one
thousaud eight hundred and fourteen, and in ihe thirty-ninth year of the Indepen-
dence of the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Sjieakcr of the House of Representatives.
No. 2059. AN ACT to appoint certain Commissioners for the purpose of asses-
sing the value of certain lands in the Paiish of St. Philip's, on which
Fortifications are now erecting for the defence of Charleston ; and for
other purposes therein mentioned.
(Passed December 16, 1814. See last volume.)
No. 2060. AN ACT TO .appropriate a sum of monev, annually, fok the puu-
CHASE of a Library for the use of the Senate and House of
Repk^sext.atives of this State.
L Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Asseral)ly, and by the authority of
the same. That the sum of five hundred dollars be annually appropriated
for the purchase of a library for the use of the members of the Senate and
House of Representatives of this State.
tn (lie Senate House, the sixteenth day of December, iu lhe_\earof our Lord one thousand
eight hundred and fourteen, and in the tliirty-ninth year of llie Sovereignty and
Independence of the United Stt-Ues of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Speaker of the House of Represeviatiirs.
No. 2061. AN ACT to prohibit the Students of the South Carolina College
PliOM USING THE StATE HoUSE IN COLUMBIA, IN FUTURE, TO HOLD
THEIR COMMENCKMENT BALL IX.
WHEREAS, the Stale House, in the town of Columbia, is intended
foi' State purposes only, and the Legislature has heretofore, on the appli-
OF SOUTH CAROLINA. 725
catiun of the students of the South Carolina College, permitted it to be A. I>. ISI4.
used for their commencement ball ; and whereas, such use has been found ^-^'"^''^^^
incompatible with the safety of the house, and the recoids of the offices of
secretary of State and surveyor general, and the papers and funds of the
treasury and of the Branch Bank of the State of South Carolina, deposited
therein :
I. Be it therefore enacted, by the Senate and House of Representatiees of
the State of South Carolina, now met and sitting in General Assembly, and
by the authority of the same. That hereafter the students of the South Caro-
lina College shall be, and they are hereby, ft)r ever prohibited from holding
their commencement ball in the State House, in the town of Columbia,
and from dancing therein.
In the Senate House, the twenty-first day of December, in the year of our Lord one ihoii-
saad eight hundred and fourteen, and in the thirty-ninth yearof tlie Independence of
the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BFNNETT, Speaker of the House of Representatioes.
AN ACT TO EMPOWER THE Vi-.STRY AND WARDENS OP TRlNrTV ChURCH, Nq. 2G62.
AND CElfTAIN CoMMI.SSIONERS ON THE PART OP THE FIRST PrksBYTEHIAN
Church, in thi: town of Columbia, to establish a Lottlry or
Lotteries.
L Be it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same. That the vestry and wardens of the said church, for the time
being, shall have full power and authority, and they are hereby fully author-
ized and empowered, to establish one or more lottery or lotteries, and to
proceed to the drawing of ihe same, for the use, benefit and support of the
said church ; provided, the sutn nf money to be raised thereby shall not ex-
ceed the sum of two thousand dollars.
n. And be it enacted by the authority aforesaid. That Col. Thomas
Taylor, Major Henry D. Ward, Edward D. Smith, John Hooker', and
John Murphy, be, and they, or a majority of them, are her-eby authorized
and empowered, for the sole use and benefit of the First Presbyterian
Church in the town of Columbia, to establish and proceed to draw, and
finally conclude, one or more lottery or lotteries, for the pur-pose of com-
pleting the abovementioned Presbyter'ian church, now building in the
town of Columbia ; provided, that the sum thereby to be raised shall not
exceed two thousand dollars.
In the Senate House, the twentieth day of December, in the year of our Lord one thou-
sand eight hundred and fourteen, and in the thirty-ninth year of tlie Independence
of tlie United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Speaker of the House of Representatives.
STATUTES AT LAKGiE
No. 20G3. AN ACT to obligg the Clerk of the Court op Common Pleas,
THE OliDINARY, AND REGISTER OF MeSNE CONVEYANCES, FOR THE DIS-
TRICT OF Orangebi'rgh, to deliver certain Records, Wills and
OTHER Papers in their hands.
I. Be if. enacted, by the honorable the Senate and House of Representatives,
now met and sitting in General Assembly, and by the authority of the same,
That the clerk of the court of common pleas and sessions, the ordinary,
and register of mesne conveyances, of and for the district of Orangeburgh,
be, and they are hereby, authorized and required to deliver to the clerk of
the court of common pleas and sessions, the ordinary and register of
mesne conveyances of Barnwell district respectively, all such records,
deeds, wills and other papers relating to their respective offices, and which
have heretofore been transferred from the old county court of Winton ;
and that all reasonable expenses attending such conveyance shall be paid
by the State.
In the Senate House, tlie twentieth day of December, in the year of our Lord one thou-
sand eight hundred and fourtt-en, and in the thirty-ninth year of the Sovereignty
and Independence of the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS BENNETT, Speaker of the House of Representatives.
No. 2064. AN ACT coixcERNiNG the navigation of Buoad, Pacoldt and Edis-
To Rivers ; and for other purposes.
WHEREAS, the navigation of Broad and Pacolet rivers are much im-
peded and obstructed by the erecting fish dams and traps in the said rivers,
ream e. ^^ ^^^ great danger and inconvenience of the citizens of this State naviga-
ting the said rivers :
I. Be it therefore enacted, by the honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the authori-
Obstructions to ty of the same. That the board of commissioners for opening and improv-
be removed. j^,^ |.|-|g navigation of Broad and Pacolet rivers be, and they are hereby,
authorized and empowered to remove every fish dam or trap in either of
the said rivers, which shall in any manner iinpede, injure or obstruct the
navigation of either of the said rivers.
n. And he it further enacted by the authority aforesaid. That all per-
sons who are now bound by law to work on Pacolet and Broad rivers shall
be, and they are hereby, exempted from working on the roads while they
continue to work ^^n said rivers.
HI. And he. it further enacted by the authority aforesaid. That Thomas
Young and John Halman be, and they are hereby, authorized and empow-
ered to erect a mill dam at their mill seat, on South Edisto river : Provi-
ded, that if the said Thomas Young and John Halman shall at any time,
for the space of twenty-four hours, fail or neglect to keep open such slopes
or locks as will be sufficient for the passage of boats and rafts navigating
OF SOUTH CAROLINA. 757
the said nveis, every privilege and advantage hereby granted and confer- A. D. 1814.
red upon them shall cease, determine and become null. v^^-v^-^
IV. Whereas, Samuel Howard, of Savannah, in the State of Georgia,
hath contracted with John L. Sullivan, of Boston, for the assignment of a
patent right granted to him by the Secretary of State of the United States,
for towing and warping ships and loaded boats, by means of other boats
impelled by steam ; and whereas, the Legislature of Georgia hath
granted to the said Samuel Howard and others the exclusive privilege,
for the term of twenty years, of towing and warping ships and loaded
boats, by means of other boats impelled by steam, in the river Savannah;
and whereas, the said Samuel Howaid hath petitioned the Legislature of
this State to pass a law in his favor to the same puiport and intent ; and
whereas, the Legislature, duly appreciating the improved mode of trans-
portation contemplated in the said petition, and being desirous to encour-
age and aid in carrying the same into effect : Be it therefore enacted, by the privilege to S.
authority aforesaid, That the said Samuel Howard and his associates, their Howard,
heirs and assigns, shall have, for the term of twenty years, the exclusive
privilege of towing and warping ships and loaded boats, by means of other
boats impelled by steam, in the river Savannah ; any law, usage or custom
to the contrary, notwithstanding.
V. And he it further enacted, by the authority aforesaid, That Captain
John Woodward and Thomas Whitaker be, and they are hereby appointed. Commissioners
commissioners on the part and behalf of the State, and two commissioners appointed.
shall be appointed by the President of the Catawba Company on the part
and in the behalf of the said Catawba Company, to ascertain the amount
of money expended advantageously in the opening the Catawba river, the
amount expended for other purposes, and the amount given for stock by
the present stockholders, the amount of money arising from the sale of
lands sold by the said company ; and that they do report the same at the
next session of the Legislature.
VI. And he it further enacted by the authority aforesaid, That if either
or both of the commissioners first named refuse to act, then and in that Vacancie*
case the Governor shall appoint persons to act in their place ; and if both
or either of the last named commissioners shall refuse to act, then and iii
that case the said company shall appoint persons to act in their place.
VIL And he it Jkrther enacted hy the authorhy aforesaid, That the said
commissioners are hereby directed and required to meet on the first Mon- when to meet,
day in August ; and they are hereby authorized to choose a fifth person
to act with them for the purposes aforesaid.
VIII. And be it further enacted by the authority aforesaid. That the suit
now pending in the Court of Equity against the said Company on the Suit suspended
complaint of the State, be suspended until the next session of the Legis-
lature ; provided, the said company desist from making any further sale
of their lands ; any law to the contrary thereof, notwithstanding.
In the Senate House, the twenty-first day of December, in tlie year of our Lord one thou-
sand ei^ht hundred and fourteen, and in the thirty-ninth year of the Independence of
the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Speaker of the House of Representatives.
STATUTES AT LARGE
No. 2065. AN ACT to enable William Wood to change his puesent name
To that of William Elliott Wood.
WHEREAS, William Wood hath petitioned the Legislature to change
his present name to that of William Elliott Wood :
L Be it therefore enacted, by the honorable the Senate and House of
Representatives, now met and sitting in Geiifral Assembly, and by the au-
thority of the same, That the said William Wood l)e, and he is hereby,
authorized to change his present name to that William Elliott Wood ;'
and that he shall hereafter be known and distinguished in law, and in air
transactions in law wherein he may be bound or obliged, or wherein any
person or persons may be bound and obliged to him, by no other name but
that of William Elliott Wood.
In the Senate House, the tweiitietli day of December, in the year of our Lord one thou-j
sand eight hundred and fourteen, and the tliirty-ninth year of the Independence of
tlie United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Sjieaker of the House of Representatives.
No. 2066. AN ACT to raise supplies for the year one thousand eight
HUNDRED A>D FOURTEEN; AND FOR OTHER PURPOSES THERKIN MEN-
TIONED.
1. Be it enacted, by the honorable the Senate and House of Repre-
Tax to be sentatives, now met and sitting in General Assembly, and by the authority
raised. of the same. That a tax, for the sums and in the manner hereinafter men-
tioned, shall be raised, and paid into the public treasury of this State, and
for the use and service thereof.
n. And be it enacted by the authority aforesaid. That sixty-seven and
one half cents ad valorem on every hundred dollars, be paid in specie, paper
Rate of taxa- niediura, or in the notes of the incorporated banks in the State of South
tion on lands. Carolina, on all lands granted within this State, under the regulations
hereinafter mentioned. Class No. 1 shall contain all tide swamp of the first
quality, not generally affected by salts or freshets, which shall be rated
at twenty-six dollars per acre; all tide swamp of the second quality,
not generally affected by salts or freshets, which shall be rated at
seventeen dollars per acre; all tide swamp of the third quality, not gen-
erally affected by salts or freshets, which shall be rated at eight dollars
and fifty cents per acre ; all pine barren lands adjoining such swamps, or
contiguous thereto with respect to the benefit of water carriage, which shall
be rated at two dollars per acre ; all prime inland swamp, cultivated and
uncultivated, which shall be rated at an average of thirteen dollars per
acre ; all inland swamp of the second quality, which shall be rated at eight
dollars and fifty cents per acre ; all inland swamp of the third quality, which
shall be rated at fiiur dollars per acre ; all pine barren lands adjoining or
contiguous thereto, which shall be rated at one dollar per acre ; and all
salt marsh, or inland swamp, clearly proved to the collectors to be incapable
OF SOUTH CAROLINA. 729
of immediate cuUivation, which shall be rated at one dollar per acre. A.O.inu.
Class No. 2 shall comprehend all high river swamps and low grounds, v««'~v-*w/
cultivated and uncultivated, including such as are commonly called second
low grounds, lying above the flow of the tides, and as high up the coun-
try as Snow Hill on Savannah rive-r, and the fork of Broad and Saluda rivers
on the Congaree, Graves's Ford on the Wateree, and the boundary line on
Pedee ; the first quality to be rated at thirteen dollars per acre ; the second
quality at eight dollars and fifty cents per acre ; the third quality at four
dollars per acre ; excepting such as may be clearly proven to the collec-
tors to be incapable of immediate cultivation, which shall be rated at one
dollar peracre. Class No. 3 shall comprehend allhigh riverswamps and low
grounds lying above Snow Hdl and the fork of Broad and Saluda rivers,
Graves's Ford on the Wateree, and the old Indian boundary line on Pedee,
which shall be rated at three dollars per acre. Class No. 4 shall comprehend
all hitjh lands without the limits of St. Philip's and St. Michael's parishes,
within twenty miles of Charleston, and on John's Island and James's
Island, which shall be rated at four dollars per acre. Class No. .'5 shall
comprehend all lands lying on the Sea islands, (Slann's island included,) oi-
lyingon or contiguous to theseashore, usually cultivated, or capable of cidti-
vation, in corn, cotton or indigo, not within the limits prescribed in Class
No. 4, which shall be rated at four dollars per acre. Class No. 6 shall cimi-
prehend all oak and hickory high lands lying below Snow Hill and the fork
of Bi'oad and Saluda rivers, Graves's Ford on the Wateree, and the new
boundary line on Pedee, and not included in the description or limits of
the two preceding- classes, numbers 4 and 5, which shall be rated at three
dollars per acre. Class No. 7 shall include all pine barren lands not included
in classes No. 1, 4 and 5, which shall be rated at twenty cents per acre. Class
No. 8 shall comprehend all oak and hickory high lands lying above Snow
Hill, the fork of Broad and Saluda rivers, and Graves's Ford on the Wate-
ree, the first quality of which shall be rated at one dollar and fifty cents
per acre; the second quality at one dollar per acre ; and the third quality
at forty cents peracre. Class No. 9 shall comprehend all oak and hickory
high lands above the old Indian boundary line, the first quality of which
shall be rated at one dollar and twenty cents per acre ; the second
quality at sixty cents peracre ; and the third quality at twenty cents per
acre. Class No. 10 shall include ail lands within the parishes of St.
Philip's and St. Michael's, which shall be as; essed in the same manner and
upon the same principles as houses and lots in Charleston, and in a relative
proportion to lands in the country.
III. And he it enacted by the authority aforesaid, That one dollar fifty-
seven and a half cents per head shall be levied upon slaves, of all ages
and descriptions; and the sum of three dollars per head u]ion all free ne- '|"''= "' '"*>"g
groes, mulattoes and mestizoes, (except such as shall be clearly proven to
the collectors to be incapable, from nrnms or otherwise, of providing a
livelihood,) between the ages of fifteen and fifty ; and sixty-seven and a
half cents ad valorum on every hundred dollars of the value of all lands
and lots and buildings within any city, town, village or borough ; and one
hundred and fifty-seven and a half cents per hundred dollars, on all stock
in trade, factorage, employments, faculties and professions, (clergymen,
schoolmasters, schoolmistresses and mechanics excepted,) — to be ascer-
tained and rated by the assessors and collectors throughout the State,
according to the best of their knowledge and information ; to be paid in
paper medium, the notes of the banks in the State of South Carolina, or
specie.
IV. And he it enacted, by the authority aforesaid, That all negroes
VOL. v.— 92.
730 STATUTES AT LARGE
A. D. 1811. a,]j otliei- slaves who are employed on any lands leased by any person or
...^'^''^''"^^ persons of the Catawba Indians, sball be, and thev are bereliv made, lia-
olnves employ- 1 , ^ ^i r i • V. i ■ • . • . ■ " i . !, ■
ed oti Indian Die to the payment of this tax. But nothing in tins Act contained shall be
lands. construed to impose any tax upon the property or estate of any religious
society, or the South Carolina Society, or the Winyaw Indigo Society, or
the Fellowship Society, or the estate of the late Doctor De la Howe, de-
mised for charitable purposes, or that part of the estate of the late Thomas,
Excciitions. Wadsworth devised for the establishment of a school, or the Clarendon/
or the High Hills of Santee, or the Camden Orphan Societies, or the
Columbia Academy, or the lands and funds owned by the Free School
of Dorchester, or the public lands held by the corporation of Charleston,
or the lands and funds of any society applicable to education or the
maintenance of public schools ; but no houses owned or erected on such
lands by any private individual or individuals shall be exempted from pay-
ing taxes thereon, according to their full value, to be rated by the asses-'
sor or assessors in the respective collection districts.
V. And be H further enacted by the authority aforesaid. That any person
entitled to any taxable property or estate in this State, who resides with-
Abseniees Qut the limits of the United States, shall, for the use of this State, pay a
np e axet . (,.;p]g j^j. q„ j],g same. But this clause shall not be construed to extend
to the property of any person sent, or hereafter to be sent, abroad in the
employment of this State or of the United States, until one year after the
expiration or determination of his commission.
VI. And be it enacted by the authoi'ity aforesaid. That the tax collec-
tors throughout this State shall receive no payment of taxes but in golds
received for ' silver coin made cui-rent in this State, the paper medium issued under?
tu.\es. the authority of the Legislature, bank paper redeemable in the first in-
stance in gold and silver at the bank of South Carolina, the State Bank,'
Union Bank, Planters and Mechanics Bank, the Bank of the State of South
Carolina, or certificates for the payment of the members of the Legisla-
ture, oi the Solicitors, for their attendance on the Legislature.
VH. And be it enacted by the authority aforesaid, That each and every
enquiier, assessor and collector shall, on their ent]uiry for the return of
property to be '"ixes of this State for the year one thousand eight hundred and fourteen, ad-
made on oath, minister the following oath to all such persons as shall be liable to pay any
of the said taxes, viz: "I, A B, do solemnly swear (or affirm, as the case
may be) that the account which 1 now give is a just and true account of
the quantity and quality of the lands, and number of slaves, which I
was possessed of, interested in, or entitled to, on the first day of October,
in the year of our Lord one thousand eight hundred and fourteen, either
in my own right or the right of any other person, either as guardian,
agent, attorney, trustee, or in any other manner whatsoever, according '
to the best of my knowledge and belief; and that I will give a just and
true answer, according to the best of my knowledge, to all such ques-
tions as shall be asked touching the same; and this 1 swear without any
kind of equivocation or mental reservation whatsoever." And upon the
Tax on money priiicipal of every sum or sums of money at interest, the interest of which
at interest. j^ actually received, over and above what each person pays for interest, the
enquirers, assessors and collectors, and every of them, to whom the same
shall be returned, shall assess the sum of seventy-five cents on every hun-
dred dollars which shall have produced an interest of seven per cent., and
a proportionable sum on all other sums of money drawing less or more
than seven per cent; to be recovered m like manner, in case of default, as
the collectors have been authorized by law heretofore to do on their re-
turns of lands and slaves.
OF SOUTH CAROLINA. 731
VIII. And be it enacted by the authority aforesaid, That in case A.D. ir,]-l.
- any person or persons shall neelect to make a return of" his, her or their ,^~^'~^^^^^
■ 1 • • <• •! 1 1 1 t 11 u 1- 1 1 . Aloiiev nl mtPr-
monies producing interest as aforesaid, he, she or they shall be liable to i;s,„„(,.j,|,|,.||gj
sufler the same forfeitures and pay the same penalties as are inflicted by
law in case of their refusing or neglecting to make a return of his, her or
their lands or slaves.
IX. And be it enacted by the authority aforesaid. That the comptroller-
general be, and he is hereby authorized and empowered, whenever re- aui^ri'zeJ to
quired to do so by the Governor and Commander-in-chief for the time negotiaie a
being, to negociate a loan or loans with all or either of the banks of this '"""■
Stale, for such sum or sums as the Governor or Commander-in-chief for
the time being may deem necessary to support tlie brigade of State troops,
authorized to be raised in and by an Act of the Legislature of this State,
passed at the present session, entitled "An Act to raise a brigade of State
troops," and for any other appropriations not otheivvise provided for; pro-
vided the said loans do not exceed the sum of five hundred and forty-two
thousand seven hundred and eighty dollars.
X. A)id be it yurther enacted by the authority atniesau], That the owner Tax on stiul
t)r keeper of any stud horse or jack, in this State, shall pay the price of !""7':^ "'"'
the season of one mare, to the tax collector of each district where such
stud or jack stands.
XL And be it further enacted by the authority af<jresaid. That every
owner or keeper of any stud horse or jackass, shall give in and pay to the Snid ta,\ to lie
lax collector of the district or parish, on the first day of June in each and j," June. "^ ^
every year, wherein such stud horse or jackass may stand, the tax imposed
by this Act.
XII. And be it enacted by the authority aforesaid. That all persons
representing publicly, for gain or reward, any play, comedy, tragedy, Tax on plays
interlude or farce, or other entertainment of the stage, or any part"'
therein, all fortune tellers, and those that exhibit wax figures, or shows of
any kind whatsoever, shall pay a tax of three dollars per day, when they
-make those exhibitions at the towns or villages that are not incoqiorated ;
and the said sum of thiec dollars shall be paid into the hands of the clerks
of the courts respectively, who shall be bound to pay over the same into
tlie treasury annually.
XIU. And be it [further enacted by the authority aforesaid. That all
rivil officers shall pay to the tax collectors of this State, in each of their Civil officers
res[)ective parishes or districts, sixty-two and one half cents on every hun-'""^
clieil dollars which they may receive as perquisites of office.
XIV. And be it eriacted hy the ^nthority ^ioressXA, That Thomas Bomar-j, b„„„|,o
111-, and he is hereby, permitted, previously to the collection of the next give a new
geneial tax, to enter into a new bond, with other and sufficient securities,''"'"^' *''•
fur the performance of his duty ; and that when he shall have so entered
inio another bond, with securities approved by the commissioners appoint-
f!il for that purpose, his former securities and their executors and adminis-
itators shall be discharged from all liability thereafter incurred for any
axes collected by the said Thomas Bomar.
XV. Whereas, John Johnson, Jr. hath purchased a tract of land formerly
moitgaged to the loan office by the late Colonel William Thompson, and , , ,
-, ■ ^ c ■ ■ 1 • 1 , <• 1 / 1 ■ 1 J- Johnson's
IS desirous of receiving the same indulgence for the payment of the said bond to be
rliht as is extended to all the debtors for the jiaper medium loan ; Be /^received.
'hrrifore enacted by the authority aforesaid, That the comptroller geneial
hr, and he is hereby, authorized to receive, from (he said John Johnson,
his bond for the amount due by the late Colonel Thompson to the loan
office, together with a moilgaoe of the land purchased l>y the said .Tohii
N.G. Clcuiv
732 STATUTES AT LARGE
A.U. lai-l. Jolinson, ami, on receipt thereof, tliat the estate of tlie said William
^-^^'^^^■*-' Thompson he therefrom flischarged and his bond cancelled.
XVI. And he it enriited by the authority aforesaid, That Nathaniel
Green Cleary, sherift' of Chaileston district he, and he is hereby, released
from the amount with which he was debited by the comptroller-general,
for single tax executions lodged witii him under the tax Act of one thou-
sand eight hundred and thirteen, on condition that he make a full and satis-
factory leturn of the said executions, within ninety days after the passing
of this Act.
XVII. And whereas, difficulties have arisen in the collection of the
Sales under public taxes, by defendants at sales made under the tax executions pur-
how 111 be con-' chasing in their own property and not complying with the terms of sale,
dueled. and in other instances by payment of ten per cent, under the Act of one
thousand seven hundied and ninety-six, and in other instances by a want
of bidders, whereby the revenue of the State is impaired ; for remedy
whereof. Be it e?tacted by the authority aforesaid. That from and after the
passing of this Act it shall be the duty of the sheriffs throughout this
State, wherever jiropeity sold under executions shall not produce the
amount of the tax, with the fees due thereon, by reason of the non-com-
pliance of the purchaser, or any other cause whatsoever, to take the body
of the defendant ; and it shall not be required of such sheriff or sheriffs to
proceed to any sale of the said property, unless in case of intestates.
XVIII. And be it further enacted by the authority aforesaid. That in
Vncancies m q\\ gases where the Legislature shall omit or neglect to fill up the board of
Imard oi Bank . ^ . ^ .
diieiiois how directors of the Bank of the State of South Carolina, the directors ap-
1(1 he tilled j)ointed by such Legislatuie shall, with the president, fill up such vacan-
cies as shall occur by such omission on the part of the Legislature to
appoint a full board of directors, in the manner they aie now authorized
to do where vacancies occur by death or resignation ; and if at any time ?
the Legislature should appoint any number of directors less than seven, )
the existing board of directors may appoint such number of directors as, '
with those appointed by the Legislature, shall make up the number of
.seven, and these seven, with the president, shall appoint the remaining five
directors ; and where the Legislature shall wholly omit, at any session, to
appoint a president or directors, those then in office shall continue until a
new appointment shall bo made by the Legislature.
XIX. And be itfurtliti nidctcd by the authority aforesaid. That the
<'iimpcn?ation several tax collectors lljronohout the State, except in the parishes of
lors"" ''''"'"^' St. Thihp's and St. Michacrs, shall be entitled to, and are hereby authoi-
ized to retain, as a compensation for collecting the taxes by this Aot im-
posed, the sum of two and a half per cent., and the said tax collectors for
St. Philip's and St. Michael's the sum of one and a half percent, upon the
sums by them respectively collected ; and that all Acts or parts of Acts re-
pugnant to this clause be, and the same are hereby, repealed.
XX. And be it fiirtlicr enacted, by the authority aforesaid. That the
.Sherifts to sheriffs of the several districts within this State, with whom executions for
(irp\iruilciiis taxes shall be lodged by the collectors in tliis State, shall be, and they are
lo,lj;.>d with hereby, required, within ninety <lays after receiving such executions, to
make to the comptroller general a full and complete return thereof; and
in case any sherifi' shall fail oi neglect to make such return, within the
time prescribed by this Act, then and in that case it shall be the duty of the
comptroller general, and he is hereby enjoined and required, to cause such
defiiulting sheriff \.o he. debited in the Imoks of the tretisiity with the full
anioutil of his receipt, and such slurilf oi sherili's shall not tiftei wards he
eiilillfil lo a credit for any execiitioDs rotiiriicd by them after the exjtini-
OF SOUTH CAROLINA. 733
lion of the said ninety days, although such executions should be returned A. U. 1814.
"nulla bona" or "non est inventus." ^.^'•w^t^
XXI. And be it enacted by the authority aforesaid, That from and af-
ter the passing of this Act, the Phoenix Insurance Company shall be, and „. . ,
they are hereby, prohibited from opening or underwriting any policy or ance Company
policies of insurance of any kind or nature whatsoever, within the limits Pfuhibited from
of this State; and all policies which may in contravention of this Act be so "" ^''""' ' »"
taken or subscribed by the said company shall be, and they are hereby de-
clared, null android, to all intents and purposes whatsoever ; and the agent
or agents of the said company shall be liable to a penalty of ten thousand
dollars, for every policy so by him or them underwritten or efiected with-
in tiie limits of this State.
XXII. And. he it further enacted by the authority aforesaid, That the
comptroller-general be, and he is hereby, directed not to proceed to collect Certain debts
a certain debt due by the securities of Stephen Baldy, deceased, to the !"" '° ''^ '^°'"
State, nor a certain debt due by Elias Jaudon to the Slate, on or before
the first of January one thousand eight hundred and sixteen.
XXIII. And he it. enacted by the authority aforesaid, That it shall be
the duty of the tax collectors of this State to make, on the first day of An- poor tax.
gust in every year, to the commissioners of the poor, in the parish or dis-
trict in which any poor tax shall be by the said tax collectors respec-
tively collected, a return of such poor tax, in like manner as they make
returns of the public tax to the treasurers of this State. And it shall
be the duty also of the said tax collectors to make a duplicate return to
the comptroller general of the amount of the tax so collected and paid to
the commissioners.
XXIV. And be it enacted by the authority aforesaid, That the said seve-
ral tax collectors in each fiscal division of the State shall exhibit, in some Tax collectors
column of his return, the number of acres of land lying within their re-t" return jirop-
spective divisions, and the number of acres lying elsewhere, and for which other "d'ms'lons
taxes shall be paid them ; in like manner they shall exhibit in other columns for which taxes
the number of negroes in their respective divisions, and of those else- """^ P" "'
where, whereon taxes shall be paid them; and in other separate col-
umns exhibit the amount of taxes in their respective divisions, on every
different article taxed by law ; and the comptroller general shall preserve
these columns in his aggregate of taxes to be laid before the next meeting
the Legislature.
XXV. And he it further enacted by the authority aforesaid, That the
comptroller-general shall annually publish in the Carolina Gazette a list of Names of
such commissioners and clerks as have neglected to make their returns'''''"'?'''"'^"'''®
as above required, for the preceding year; and |)rovided that the said com-
missioners and clerks do not make their returns on or before the first day
of September after such publication, it shall be the duty of the attorney-
general or solicitors, as the case may be, to sue for and recover the penal-
ty to which they have been heretofore declared liable ; except the commis-
sioners of St. Philip's and St. Michael's parishes, who shall account to the
City Council of Charleston as heretofore.
XXVI. And, he it enacted by the authority aforesaid. That it shall be,
and is hereby declared to be, the duty of the comptroller general, as speed- Names of per-
ily as the same can be done, after the first of October in every year, sons who make
to make out, from the returns of the tax collectors, and to transmit [,p\y|'^,'jj'j"^ J°jg
to the clerks of the several courts in the several districts of this State, clerks of
the names of all persons who have made returns for the preceding year, '^°"'''^'
together with the taxes paid by the said persons, to the end that the
persons paymg such tax may have an opportunity of comparing their
734 STATUTES AT LARGE
A. 1). 1814. j-eceipts with the same. Ami it shall be the iluty of the clerks of the
^-^"^""^^ said courts, on application of any person for an inspection of the said state-
ment so transmitted to him by the comptroller-general, to produce the same;
and in case there shall appear a difference between the coniptroller-geiieral's
report and the receipt of tax paid by such person, the clerk thereupon shall
report the same to the legislature ; and in case any clerk shall neglect or
refuse, without reasonable excuse, to exhibit the same, when demanded
in office hours, by any person or persons paying a tax in the said district,
he shall be subject to a jjenaity often dollars, to be recovered in any court
having competent jurisdiction ; one half to the informer, the other to the
treasury of the State. And the comptroller general, for his services thus
reijuired of him, shall yearly receive the sum of two hundred dollars.
XXVII. And be it further enacted by the authority aforesaid. That a fur-
Further indul- ther indulgence, until the first day of January, one thousand eight hundred
gence granted and sixteen, be, and the same is hereby, extended to Charles Pinckney,
to . inc ney. ^^ ^ ^^^ other securities of Daniel Doyley, for the debt due by them to
the State.
Ill the Senate House, the twenty-first day of December, in tlie year of our Lord one thou-
sand eight hundred and fourteen, and in tlie thirty-nintll year of tlie Independence
of the United States of America.
JAMES R. PRINGLE, PresideiU of the Senate.
THOS. BENNETT, Sjteaker of the House of Represcntatircs.
No. 2067. AN ACT to make Appropriations fou the vear one thousand eight
HU.NUKED AND FOURTEEN.
I. Be it enacted, by the honorable the Senate and House of Represen-
, . . tatives, now met and silting in General Assembly, and by the authority of
Appronrmtions , ' mi i r ,i ■ i ■ , • •. „ "J "'
the same, 1 hat the lollowing sums be respectively appropriated for the
salarres of the public officers, and other expenses and purposes of govern-
ment.
For the salary of the Governor, two thousand five hundred and seventy-
two dollars.
For the salary of the Secretary of the Governor, four hundred and thir-
ty dollars.
For the salaries of the six .Judges of the courts of Common Pleas, each
two thousand five hundred and seventy-two dollars.
For the salaries of five .Judges of the Courts of Equity, each two thou-
sand five hundred and seventy-two dollars.
For the salary of the Attorney General, for giving advice to the Gover-
nor and other public officers, in matters of public concern, as a full com-
pensation for the discharge of all public duties incident to the office of At-
torney General, one thousand dollais.
For the salary of the Comptroller-general, clerks and stationary inclu-
ded, as a full compensation for his services, three thousand dollars.
For the salaries of four Circuit Solicitors, in lieu of all charges against
the State, for the performance of every puJilic duty appertaining to their
respective offices, each five hundred d<illars.
For the salary of the Treasurer in Charleston, fi)r transacting the
I
OF SOUTH CAROLINA.
business of the loan office, and clerks, two thousand six hundred and fifty-
eight dollars.
For the salary of the Treasurer in Columbia, including clerks, two
thousand dollars.
For the salaries of the Clerks of the Senate and House of Representa-
tives, each twelve hundred and thirty dollars.
As a compensation to the Clerk of the Court of Columhia, for his services
in attending the Constitutional Court, one hundred and forty dollars.
As a compensation to the Commissioner in Equity, for his attendance in
the Couit of Appeals in the court in Columbia, one hundred dollars.
As a compensation to the Clerk of the Court in Charleston, one hundred
and forty dollars.
As a compensation to the Sheriff' of Richland district, for attending the
Constitutional Court and the Court of Equity at Columbia, one hundred
dollars.
As a compensation to the Sheriff" of Charleston district, for attending the
Constitutional Court and Court of Appeals in Charleston, one hundred and
fifty dollars.
As a compensation to the keeper of the State House in Columbia, one
hundred and thirty dollars.
For the salary of the Adjutant General, two thousand dollars.
For the salaries of ten Brigade Inspectors, each two hundred and six-
teen dollars.
For the salary of the Port Physician of Charleston, for boat hire and all
other expenses incident to his office, one thousand dollars.
As a compensation for the Arsenal keeper and powder receiver in
Charleston, five hundred dollars.
As a compensation to the Arsenal keepers and powder receivers at
Camden and Abbeville, fifty dollars each ; and for the arsenal keepers
and powder receivers for Georgetown and Beaufort, one hundred and fifty
dollars each.
For the contract with the State Printer, a sum not exceeding fifteen
hundred dollars.
As a compensation for the Pilot of the bar and harbour of Georgetown,
three hundred and twenty-two dollars.
As a compensation to the Pilot of the bar and harbor of Beaufort, three
hundred and twenty-two dollars.
For Annuities, two thousand five hundred dollars.
For the Transient Poor, payable to the City Council of Charleston, four
thousand two hundred and eighty dollars.
For the salary of the keeper of the Lazaretto of the port of Charles-
ton, five hundred dollars.
As a contingent fund subject to the Governor's draft, for the expendi-
ture of which he shall submit an annual account, ten thousand dollars.
For the expenses of the Members of the Legislature at the present ses-
sion of the Legislature, and pay of the Solicitors for their attendance,
seventeen thousand dollars; if so much be necessary.
As a compensation to the two Doorkeepers of the Legislature, two hun-
dred and fifteen dollars each.
As a compensation to two Messengers, each two hundred and fifteen
dollars ; to be paid at the adjournment of the legislature.
For the rent of the Governor's house in Columbia, two hundred and fifty
dollars.
For aid in supporting the transient poor in Georgetown, the sum of
five hundred dollars, to be paid to the commissioners of the poor of
73G STATUTES AT LARGE
A. U. ISM. Prince George, Winyaw, to be laid out and expended by them for the use
^-^''^'''^^ of the transient poor ; the said commissioners to publish annually, in the
Georgetown Gazette, the names of all such transient poor, and the sum laid
out for each, as may have been relieved by this fund ; an account on oath to
be returned to the comptroller-general, and by him submitted to the legis-
lature.
For the discharge of the contingent expenses of the upper division ok
the State, a sum not exceeding six thousand dollars.
For the discharge of the contingent expenses of the lower division, six
thousand dollars.
For the salaries of two tutors in the South Carolina College, each six
hundred dollars.
For the salaiy of the Professor of Chemistry in the South Carolina Col-
lege, sixteen hundred dollars.
For the pay of the magazine guard, to consist of an officer, sergeant,
and twenty-four men ; to be paid by and under the direction of the comp-
troller-general, eight thousand dollars.
II. And be it enacted by the autliority aforesaid, That the sum of six
Professors in hundred dollars be, and the same is, appropriated to the professor of
College. logic and moral philosophy ; and that the sum of six hundred dollars be,
and is hereby, appropriated to the professor of languages, in addition to
what each of the said professors are already allowed out of the funds annu-
ally appropriated to the South Carolina College, agreeably to a principle
established by the appropriation of the year eighteen hundred and twelve,
of the like sums for that purpose.
III. And be it enacted by the authority aforesaid. That the treasurer
of Charleston, under the direction of the comptroller-general, in his pre-
Papor medium gence and in the presence of the Governor, President of the Senate, Speak-
er of the House of Representatives, or in the presence of a majority of
the persons above named, shall, as soon as convenient after the passing
of this Act, cause all the paper medium of this State, now in the treasury,
or that may be received previous to the next meeting of the Legislature, to
be burnt : Provided, that the sum so burnt shall not exceed two thousand
and sixty-one dollars ; and the said treasurer is hereby required to report
to the Legislature the amount of the medium which may be burnt pursuant
to this Act.
IV. And he it enacted by the authority aforesaid. That the treasu-
Treasurer to ,.g,. q,, receivina; any money from the tax collectors, or any other person,
give two re- ■ n • , • i • c i i • »
eeipts. shall give him or her two receipts tor the same ; and in case any trea-
surer shall neglect to furnish any person with two receipts as aforesaid,
he shall forfeit and pay a sum not exceeding two hundred dollars, nor less
than fifty dollars ; to be recovered in any court having jurisdiction there-
of; and the comptroller general, upon infoimation made to him, shall take
the necessary measures to cause the same to be recovered.
V. And be it further enacted by the autliority aforesaid, That certain mo-
Ccrtain monies „ies |,ovv in the hands of John McCreary, late sheriff of Chester district,
mts'tees ot' the amounting to one hundred and eighty-two dollars and ninety cents, part of
Ciiester Acnd- the estate of Thomas Anderson, who lately died in the district aforesaid
^'^^^' leaving no legal representatives known within the limits of this State.
and the same shall be, and is hereby, vested in the trustees of the Chester
Academy, in the district of Chester, for the promotion of the benevolent
purposes of the said Academy, and for endowing and supporting the said
Academy ; any law, usage or custom to the contrary nol withstanding.
VI. And he it further enacted by the authority aforesaid, Tiiat the follow-
OF SOUTH CAROLINA. 737
iig sums be, and they are hereby, appropriated to and foi the following '^■^' ''^'■*-
mrposes, to wit : ■^^^^~\^~^^y
For repairing the court house in Columbia, five hundred dollars.
For the gaol of Spartanburgh, three hundred dollars.
For John Martin and John Hart, (witnesses in the case of the State
gainst John Hughs for horse stealing,) each eight dollars; in the whole
ixteen dollars.
For James Kenedy, a witness in the case of the State against John
ames, jr., for hoise stealing, eighteen dollars, thirty-three and one-third
! ents.
For Robert McFaddin, as compensation for a negro who died in caol
ihile under sentence of death, one hundred and twenty-two dollars, forty-
i iree cents.
For Nicholas Summers, as compensation for a negro executed, one hun-
I: :ed and twenty-two dollars, forty-three cents.
For repairnig the court house and gaol of Darlington district, five hun-
!i 'ed dollars.
For repairing the court house and gaol of Greenville district, one hun-
I -ed and fifty dollars.
For William H. Wigg, as a remuneration for several articles impressed
d paid for by him when commanding a detachment of the -militia on
i ikon Head, the last year, and for several expresses, sixty six dollars,
ghty-seven and a half cents.
For the legal representatives of Peter Freneau, for printing in the year
jhteen hundred and two, one hundred and forty-one dollars and four
nts.
For John Norton, as a compensation for articles impressed, seventy-four
liars.
For David Rumph, late sheriff of Orangeburgh, whose accounts were
amined the last session, and under paid, ten dollars.
For the assessor of Saint Philip's and Saint Michael's, as omitted by the
ligislatnre at their last session, one hundred and eighty dollars.
For Thomas William Price, for a negro executed, one hundred and
senty-two dollars and forty-three cents.
For John Hotf, when he shall deliver five hundred copies of the honora-
II i Judge Brevard's Digest of the Laws of this State, five thousand four
iJndred and thirty-two dollars.
For John Haley, as a compensation for the use of his wagon and team
transporting the baggage of the second detachment of the twenty-second
;iment of South Carolina militia to Slann's Bluff, forty-five dollars.
For Zebulon Rudolph, Steward of the South Carolina College, as a
ilnpensation for the board and glass tax of John Jones and John Farley,
\\3 hundred and sixty-seven dollars, forty-two cents.
For Henry McGowen, for board of the said John Jones and John Har-
ij, during vacation, sixty-five dollars.
V^IL A/id be it enacted by the authority aforesaid. That the appropria- A former np-
ns of ten thousand dollars for the river Saluda, and which has not been teppalej.""
iwn out of treasury, be, and the same is hereby, repealed.
VHL A/id he it enacted by the authority aforesaid, That the treasurer
the lower division, under the direction of the comptroller-general, be,
1 he is hereby, directed, on the application of William Wightman, the ^'"lJ'i'','"he paid,
al administrator of the late Prince of Luxemburg, to issue to the said
illiam Wightman, as administrator aforesaid, the sum of twenty-eight
lusand eisjlit bundled and ninety-four dollars, fifty cents, in stock of this
ite, bearing six per cent, interest, payable quarterlv ; and that upunllie
VOL. v.— 9.3.
73S STATUTES AT LARGE
A.l). 1814. delivery of the said stock to the said William Wightman, administrator
-■^^•^-^ aforesaid, it shall be the duly of the treasurer, under the direction of tl
comptroller-general, to take from the said William Wightman as adrami,
trator aforesaid, a full, absokite and final discharge from and against i
claims and demands, of eveiy nature and kind whatsoever, which the esta:
of the said Prince of Luxemburg may have against the State ot Soul
Carolina, and to record the same in the office ot the secretary ot State
For aid in suoportiug the transient poor in Beaufort, five hundred dc
lars— to be paid "to the town council of Beaufort, who shall make an aimu
return on oath to the comptroller, and by him submitted to the Legislator
the names and number of those relieved and sums appropriated to each i
dividual. . , ■
For Willis Willifo.d, thirlY-five dollars, eighty-seven cents, the sail
being agreed to by the Legislature the last session and no appropriatu,
made. , . . .
For Conrad Barsh, quarter-master of the 2d regiment, seventy-eig
dollars, six cents. .
That the sum of three hundred dollars be appropriated tor the pnrpo
of payincr.lane Reardon fourteen year's arrears of pensions
IK And he it further enacted by the authority aforesaid, 1 hat the com,
AsaDelozier'stroller general be, and he is hereby, authorized to settle^the claim of A
^kinPto be Delozilr, in the manner and on the principles directed by a resolution
settled. the Legislature in the year eighteen hundred and twelve.
X And be it further cnacte'd h^ xhe authority aforesaid, Ihatthetc
lowina sums be, and they aie hereby, appropriated for military purpose;
For arms and munitions of war, seventy-five thousand dollars.
For the defence of the maratime frontier and coasting trade, titty tho(
sand dollars. -, n , t r<
For rifles, to be made in the State, and contracted for by the Governc
thirteen thousand dollars.
XI And he it further enacted h^ the authority aforesaid, ihatthiit
seven thousand dollars be appropriated for the support of free schools.
XII. And be it enacted by the authority aforesaid, Ihat this bU
Direct tax ^dl, and does hereby, assume the direct tax which shall be imposed 1
aesiimed. ^^^^ United States on South Carolina, as its quota.
XIII And he it enacted by the authority aforesaid, That the comptrolll
Bank to pay to general be, and he is hereby, authorized, empowered and directed fort
fhe U.lt'ateV tvith to cause to be passed to the credit of the treasury of the Unit.
$260,000. gjjjjgg i„ f,,^ i3ani^^ of the State of South Carolina, the sum of two huiidrt
and sixty thousand dollars, (as the supposed amount of this State's contt
.rent of the direct tax,) and to apprize that otficer of his having done so.,
° XIV And be it enacted h'j \.\\e authoritv aforesaid, Ihat it the dire
Deficiency to tax imposed by the United States on this State shall exceed tl>e «"">,
be made lip. two hundred and sixty thousand dollars, that it shall be the duty ot t
comptroller general, and he is hereby authorized and directed, to cau
such excess to be passed to the credit of the treasurer of the United Stat<
as soon as the same shall be ascertained. , r i c„
To D. & J. J. Faust, for printing extracts from the journals ot tlie .e
ate, two hundred and fifty dollars.
For Henry Funn, for a negro executed, one hundred and l\venty-i\
dollars forty-three cents, as recommended by a report of both houses
iLud that the sum of seven! v-three dollais, eighty-six cents, be, and .
same is hereby, appropriated' to William Hill, Jr. administrator ot t
estate uf William Hill, deceased, for principal and interest of an iiule
due said estate, as reported on by the comptroller general.
OF SOUTH CAROLINA. 739
For the repairs of the State House and fence, to be carried into effect *• ^- ^^"•
ly commissioners appointed by a resolution of the present sessinn, six ^-^"^^"^"-^
'lundred dolhirs, if so much be necessary.
That the sum of one hundred and fifty dollars be, and the same is here-
ly, appropriated for repairing the court house of Nevvbeiry disti'ict.
For the payment of the detachment under Colonel Tucker, at Camp
Uston, fifteen thousand dollars, if so much be necessai'y.
For Dr. WilHam Hall, attending Dailington gaol, twenty-nine dollars.
For Dr. Dene) Hart, attending Oraiigeburgh gaol, fifty-three dollars,
fty cents.
For Dr. Joseph Kirkland, attending Magazine Guard, one hundred and
ixty-one dollars, sixty-two cents.
For Dr. William Brown, for attending Barnwell gaol, nine dollars,
'«renty-five cents.
For Dr. James Moultrie, Jr. attendmg Charleston gaol, six hundred
tad six dollars, ninety-two cents and one half.
For Dr. John Hart, attending Edgefield gaol, sixty-six dollars seventy-
've cents.
For Dr. Samuel Shauklin, attending soldiers in the service of the State,
'fty dollars and fifty cents.
To Joseph Eastland, Esq. twenty-six dollars and twenty-five cents, for
"is services as an attorney in defending the commissioners of the poor for
t. Matthew's parish, and the commissioners of the poor for New-
jrry district, in two suits brought against the said commissioners by
le State, and in which two suits the State was nonsuited. The above
icount to be paid when the said bills shall be taxed and certified by clerks
"the respective courts where the nonsuits were ordered, and delivered to
le comptroller general.
To Daniel Cole, in full of his account for serving as an escort under the
•ders of Brigadier General Cuthbert, seventy-eight dollais forty-two
Jjnts.
For Wm. Branch, thirty-eight dollars, twenty-five cents, for waggon
;'ld supplies furnished militia.
For Murdock Murckison, eighty-six dollars, twenty-two cents, for servi-
!S as quartermaster, waggon hire and supplies.
iln the Senate House, the twenty-first day of December, in the yearof our Lord one thousand
eight hundred and fourteen, and in the thirty-ninth year of the Independence of the
United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Speaker of the House of Representativei.
ABRAHAM,
1. A black man, bought by the Slate and set free 481
ACCOTTNTS. See Publlr Accounts-
ACTS OF ASSEMBLY,
1, The Clerks of eacli district shall send by express lo the Treasurer of Columbia
or Charleston for the Acts, for distribution at his office, and shall pay the ex-
press $3 for every 40 miles going and returning G33
2. State Printer to have them ready by 15th February, every year, and the
Clerk to send every year and have them ready for distribution by the 10th
March 633, C59
ADMINISTRATORS. See Executors and Administrators . Wilh.
AGRICULTURAL SOCIETY OF SOUTH CAROLINA,
1. Allowed to sell the estate of Dr. John DeLahowc, Lethe plantation excepted.. 359
2. Proceeds to be vested in Stock.. 359
3. Interest to be appropriated to support and education of orphans at Lethe 359
4. Resign their trust under the will of Dr. John De La Howe 495
5. Other Trustees appointed 495
6. May fill their own vacancies 495
7. To account annually before the Ordinary of Abbeville 495
8. Authorised to draw a Lottery 505
AGRICULTURAL SOCIETY,
1. Commissioners of Columbia authorized to convey two squares in the town
to the Society 318
ALEXANDRIA COLLEGE,
1. Escheats in York, Chester and Union vested in Trustees ol. with certain pow-
ers and duties 364,365
ALIEN,
1. The Secretary of State to keep a book in which he is to record the certificates
of citizenship, and return a certificate thereof, which shall be evidence of the
privileges granted 66
■J. If the alien lives in Charleston it must be done in 3 months, if in any part
of the country 6 months 67
3. Secretary's fee for recording 5s current money 66
4. Alien friends, how they may become denizens 355
5. Titles to real property derived from or through aliens legalized, and aliens,
under certain conditions, enabled to hold, convey and devise real property. 540
6. And to be distributed under the Statute of distribution in case of intestacy. ...547
7. The titles and grants of certain aliens, who have since become citizens or de-
nizens, legalized . . ' 523
ANDERSONVILLE,
1 EstabUshed and commissioners appointed to lay off". 401
ANNUITIES AND PENSIONS,
1. To divers persons 346, 368
2. How to be paid by the Treasurers 368, 369
742 INDEX.
3. Pension •.•ranted lo Major Brown, Ava CuIIiatt, Tliomas Miller, Anilrevv M'Al-
ister, MirhacI Finney, J'aul Smith and John PoUoch, jr 381
4. Pensions to Susannah Towshend and Eliza Rhodes 452
APPUOPRIATIOiXS,
1. Not to be made but by Act 288
2. Of each year, inrluding salaries, claims, ordinary and contingent expenses,
pensions, &c. &c., 20, 35, 61, 131, 151, 191, 229, 254, 276, 301, 327, 343, 376, 394, 428
450, 474, 489, 516, 536, 557, 591, 613, 634, 660, 669, 688, 69 J, 712, 734
3. Munitions of war to be purchased 327, 669, 738
ARMS, See appropriations.
1. Sixty-five thousand dollars appropriated for arms, lo be distributed among
the Militia 562
2. Persons appearing at muster without srms to be fined 563
3. Appropriation for mounting cannon and purchasing miltiary stores 563
ARSENAL-KEEPERS AND POWDER-INSPECTORS,
1. Salaries 237
2. To hold office for lour years 238
3 Security to be given 238
4. Representation from Abbeville Commissioners to inspect Arsenal at Abbe-
ville 237
5. Office not to be administered by deputy 238
ASHLEY RIVER,
1. Act for improving the navigation. . 7
2. Act to build a bridge across 134
ASSETS. See Wills, and Executors and Administrators.
ATKINS, JAMES,
1. Admitted to the right of citizenship i but not eligible to be a member of the
Legislature until he has resided in this State seven years 65
ATTACHMENT,
1. Justices of the Peace authorized to issue attachments against the" property of
persons about to abscond or remove privately out of the Stale or district 63
ATTORNEYS AND SOLICITORS,
1 Conditions of admission, being citizens of the Slate 289
2. Time and mode of application, and manner of examination 290
3. Mode of admission of citizens of another State. 290
4. Attorneys and SoUcilors who study four years in the office of an Attorney, in
another State, may, upon examination, be permitted to practice in this State,
he producing a certificate from the lawyer in whose office he studied, that he
had studied four years in his office 416
5. Acts regulating the admission of Allornies and Solicitors, altered and amended,
and rules prescribed for their admission 521, 522
6. Any citizen 21 years of age, of good moral character, may, upon examina-
tion by the Judges of the Courts of Law and Equity, respectively, be admitted
to practice law in the Courts, if they shall deem him properly qualified 678
7. Apphcalion to be made by petition to the respective Courts, and evidence pro-
duced of moral character, and the petitioner rigidly examined upon the theory
and practice of law, and the principles and practice of equity 678
ATTORNEY GENERAL,
1. Forbid to leave the State without permission of the Governor, upon forfeiture
of his office 126
2. Governor authorized to grant leave of absence in case of sickness, and to fill
vacancy ol those who leave the State without permission 126
3 In all cases where the rights of the Stale are involved, it shall be the duty of
the person claiming under the Slate, lo call upon the Attorney General or Soli-
citors, in their respective districts, to defend the right of the State ; on failure of
which, such record shall not be evidence against the State 571
4. To render an account annually to the Comptroller, by 1st .Monday in October,
of all fines and forfeitures inflicted in his circuit witnin the preceding year, 588,611,
632, 659, 687, 710
INDEX. 743
5. Penalty for neglect 612, 63'2, 659, 687 71
b To compel the Commissioners of Roads, Poor, &c., to account to Clerk, and
the Clerk ,„ Comptroller. 658_ g53_ ggg^ ^^^^ ^33
/. Merealier to hold office for four years, and until another be elected. 674
«. lo g,ve b^nd and two sureties, in the sum of §10,000, before entering on the
duties of his office
9. To sue such Commissioners of Roads and of the Poor, of Public' Buildings
and of Inland Navigation, as have not accounted according to law by fir°st
September, and such Clerks of Courts as have rot transmitted returns made
to thein to the Comptroller, for the penalties in such cases provided 709 733
AUCTION ' '"'"'^ '" *"" "PP""""" °^ ^y "'" Comptroller 723
1. Duties on land and negroes sold at auction, repealed 81 82
2. Tax on sales at auction repealed 'gj2
3. City CounciLof Charleston authorized to impose such tai, pVo'vld'ed it'be not"
laid on property heretofore exempted. ^,„
AUDITOR GEXERAL. ^'^
1. Not to leave the State without permission of the Governor, upon forfeiture of
nis office
9 „ I . ,■ 126
■i. Governor authorized to fill soch vacancy and to grant leave of absence in
case of sickness only ' .
BALDY^ S *'^"°"^'' '° ^""'^ ''"■ P"^""^ ""J Papers to elucidate accounts! ..".!....!.'.!.' . .128
I. Proceedings against, stayed fifir) fin-? 7ifi -jt
BANK OK THE STATE, .See Cor.oraUons and luH^oi:^.;. ' '' '''' '''
1. Funds of the State removed from the Treasury of the Lower Divison into
the Bank of the State, and the Treasurer to deposite all monies received
by him, in the same .„
2. The act establishing the Bank explained .."!.."...! 695
3. In all eases where the Legislalature shall omit to fill up the Board of Direc-
tors, those appointed by the Legislature, and the President, shall fill such vacan-
cy, in the manner they are now authorized to do. in case of vacancy bv death
or resignation ^^
4 Or if the Legislature should appoint less than seven,' the existing 'floard 'm'ay
increase the number to seven, and they, with the President, shall appoint the re-
maining five ,^32
5. Where the Legislature shall wholly omit, at any session',' to'a'ppoi'nt a'presi"
dent and Directors, those then ,n office shall continue until a new appointment
is made
BAPTIST CHURCH,
1. At Horn Creek, incorporated. . . . ,.,
BARKLEY, JOHN, "'
1. Authorized to change his name to John Bankston. inj
BARNWELL, ROBERT, *
1. Allowed to bring slaves into the State from Georgia. 970
BARNWELL, '^
1. All the records and papers belonging to the old County Court of Winton, and
transferred to Orangeburgh, to be delivered up by the Clerk, Ordinary and Re-
gister of Orangeburgh, to iheClerk. Ordinary, and Register of Barnwell such
as belong to their respective offices -g.,
FARRACKS.
1. Money appropriated for building barracks at Hadrell's Point. ... 690
2. Commissioners for building it, to account to the Legislature.. 690
BASTARD,
1. The reputed father bound to maintain it 270
2. Mode of proceeding against him .'...'.'.'.' 270
3. Proceeding against the mother ' '' „»„
4. Where parents arc unable to maintain it.'lhe'comm'ilsio'ners'of't'h'c 'poor to"
providefor it
7'14 INDEX.
5. Child to be educated 270
fi. Commissioners to lay before the Superior Court, once in every year, a state-
ment of their proceedings, and their accounts 270
7. May bind out to suitable trades. , 271
8. No one living in this State, or having an estate therein, having a wife or law-
ful children, shall give, settle, convey, devise, or bequeath, in trustor otherwise,
to any bastard child or children, or to any woman with whom he lives in adul-
tery, more than one-fourlh of his estate, after payment of debts 271
9. The "Act against Bastardy," and the "Act to prevent the destroying of
Bastard children," repealed. . , ; . . -271
BAY, JUDGE,
1. Allowed to leave the .Slate for one year 349
2. Allowed to leave the State for one year '138
3. Allowed to leave the State for one year 497
BEAUFORT. See Collgee,
1. Court House and goal removed liom there 76
2. Beaufort Society, for promotmg ihe edtiration of children, and establishing of
schools in Beaufort, vested with a sum of money 222
3. The Act of 21st December, 1798, to prevent certain streets in Beaufort from
being stopped, &c., repealed as to certain persons 382
4. Streets of the town to be laid off on Black's Point 649
5. Mode of assessing damages 649
G. Intend ant and Wardens to assess and collect a lax on all lots on Black's Point.. 650
BKAUFORT DISTRICT SOCIET"i",
1. Authorized to draw a lottery 621
BEARD, JONAS,
1 His grant declared void 74
M. N. BEDGF.GOOD AND D. MANDEVILLE,
1. Land miirigsged to the Loan Office, and bought in, to be conveyed to them on
certain conditions 589
BEE, THOMAS,
1. The Treasurer ordered to fund a certificate for him 385
BEEF AND PORK,
1. Commissioners and packers of, appointed for Chatham, Camdenand Vienna. .260
2. Powers 260,261
3. Vacancies, how to be filled 261
BILLIARD TABLES. See Columlta.
1. Allowed to be licensed by the County Courts and Commissioners of Roads . . . 207
2. Penalty on keeping them unlicensed 207
BILLS OF EXCHANGE AND PROMISSORY NOTES,
1. Assignee of one not negotiable, may bring suit in his own name, staling him
self to he assignee, but defendant is not precluded from any defence he could
have made against the payee 330
2. Signature may be proved by others than the subscribing witness, unless de-
fendant swears that it is not his signature, or if he be an executor or administra-
tor, that he believes the signature not to be his testator's or intestate's 435
BLACK CREEK. Sec Navigation.
BLACK MINGO,
1. An.ictto improve the Navigation oii 147
BLACK RIVER. See Navigation.
BOLTON, SARAH,
1. Personal eslale of Dr. Richard Bolton, who died intestate, leaving no issue or
other relative than Sarah his wife, vested in her afterpayment of debts 181
2. Rights of other.i coming in hereafter reserved, and she to give security to the
Ordinary of Charleston in double I he amount of the property before she receives
it, to satisfy such dainiiints 181
BOND,
1. Assignee of, may bring an aciion in liis own name on il, stating liim.-cll as
assignee 330
31
INDEX. 745
2 But deleBdani is „ol precluded from any discount or defence he would have
been entitled to at [he suit of the obligee 33^
3. Signature may be proved by other than subscribing wi'iness,' un'lessdeVendanV '
at ume of fihng his plea, swear that the signature is not his, or is an adminis-
trator or executor, and swears that he has cause to beheve the signature is not
the testator s or intestate's .„
BOMAR, THOMAS, *^
1- A Tax Collector, to give a new bond
BOTTNER, LEWIS,
1. Allowed to have his claims audited against a confiscated estate, after the
time limited
gg
BOTANIC SOCIETY OF SOUTH CAROLINA,
1 Allowed to draw a Lottery
BOUNDARV. See Convention between Nor/h and Sonth Carolina
1. An Act concerning the line of division between this Sate and the State of
I>orth Carolina ,0,, j , ,
BOUNTY ACT, ** ' """^ ""'^ ^' P' ^^^
1. Passed Ilth .Harcl), IT86, "to encourage the destroying of beasts of prev "
^^P^a'^d ,,,
BOWMAN, JOHN,
1. Authorized to change his name 10 John Bowman Lvnch fi70
BREAD. Seeffour. ^ ^^^
BREMAR, F. ^ee Sureties of D'O ye,,.
1. Proceedings against, stayed 6g0_ .^,g
-. Comptroller to return him money collected of him and paid into the Treasu-
ry, anJ further, to indulge him and the other sureties of D'Oyley, so as not
todestroythe lien of the State. .
BREVARD, JUDGE,
Authorized to leave the Slate for three months Rn..
BRIDGES, ''"-
1- An Act concerning ._
2 Four toll bridges on the road from Granby to Augusta .............. .i^i
3. At Jarksonborough, act for establishing it, repealed '.....'.. ",2iS
4. Further time albwed for building that over Broad River, and thit over Con-*
^^""^^^ 223
"i. Time for building that across Ashley River, extended ..." 222
6. A toll bridge at Orangeburgh, across the Edisto, vested in him and "heir's"
who may build it ' ,„,
7. OverCongaree and Savannah, vested in Wade Hampton.'andover Broad'
River, in John Comply ,„„
8. Acts relating to bridges 224, 505, 527, 549, 'e'ni', 625,'648,' 7O3" 723
9. An Act to authorize the building of a bridge over Cooper River, at Clements'
Ferry
BRIGGS, ISAAC, See Steam Engine.
BROAD RIVER. See Navigation.
1. An Act for opening navigation of o,
2. To be kept open to the passage of fi.sh ^509
3. Penalty for obstructing " ,„„
4. Commissioners to superintend slopes and sluices ^m
BROWN, CLEMENT C
1. Ksempied from payment of interest on a bond given by him to the Treasu-
rers of the State .,„
BROWN, MALCOM, "'
D,,^. ,„l'„ "'" ™"'^'"'"^'' «""»'« restored to him, and his banishment revoked 184
tJLl 1 C HERS,
1. To produce to Clerk of the Markets in Charleston, the hides and ears of
all neat cattle brought for sale, who shall destroy them, after registering the
brands and marks, and names of those who produce them 279
2. Penalty for neglect ' ' oa
VOL. v.— 94.
.620
746 INDEX.
BULL, VVM.
1. Exonoralcd from certain pains and penalties, on his taking the oath of alle-
giance 44
2. Exempted from the pains and penalties of the Act of Confiscation and Banish-
ment, and allowed to bring his slaves back to the Slate 187
BUTLER, JOHN,
1. Allowed to bring certain negroes into the State 322
BUTLER, PIERCE,
L Released from his executorship of Commodore Alexander Gillon, not having
administered or interfered with estate 357
BUTLER, EDWARD,
1. Naturalized 134
BURGESS, JAMES,
1. Naturalized 134
BURN, JAMES,
1. Repaid the amount of his property confiscated 144
BYRNE, PATRICK,
1. Naturalized 134
CACAW SWAMP,
1. Drains and water passages to be cut, &c 264
2. Commissioners to open drains, &c , to have power of Commissioners of Roads,
to compel work to be done by those living within the limits of said drains, &c . . 357
CAMBRIDGE,
1. Additional Trustees for College of Cambridge 3
2. Seven to constitute a quorum - 4
3. Friendly Cambridge Society 67
4. Cambridge College, authorized to establish a lottery 223
5. Trustees of Cambridge College authorized to sell all the property of the Col-
lege, to pay its debts, and if any surplus, to apply it to the establishment of a
grammar school in Abbeville District 459
CAMDEN,
1. Commissioners of the Streets and Markets appointed, with all the powers con-
ferred on those of Georgetown 24
2. Council to grant licenses for retailing liquors and keeping billiard tables 212
3. Prices for licenses 212
4. Wardens to meet once in two months , 245
5. Intendant and Wardens, each, vested with the powers of a Justice of the
Peace 316
6. Commissioners appointed to ascertain the boundaries of. 318
7. Boundaries thereof. 334
8. Plan of the town recorded in Surveyor General's office, and attached to this
act, and recorded therewith in Secretary of State's office 335
9. Commissioners appointed to exchange the lot on which stood the late goal of
Kershaw, for another lot, with the Town Council of Camden, to rebuild the
goal upon 690
10. For rebuilding the goal, S5,000 appropriated 691
11. Appropriation for sufferers by fire, in Camden, $2,000 692
CAMDEN ORPHAN SOCIETY,
1. Incorporated 67
2. Escheated property vested in them 363
3. Vested with power of escheators 363
4. Empowered to draw lotteries 364
CAMPBELL, DAVID,
1. Allowed to place a dam across Edisto River 354
2. Conditions 354
3. Remedy by any one for injury by the dam 354
CAMPBELL, MARTHA,
I. Her name changed to Martha Smith 702
CANAL,
1, A lottery authorized, to cut n canal from Back River to Chappel Bridge 679
INDEX. 747
2. From Rogers' Lake iiuo Peeiloe, lo be kept open 280
CAKNES, THOMAS P.
1. Allowed to praitice Law in tliis Stale 496
CARSAN, WW.
I. EseinpleJ from banishment 225
CARTER, GEORGE,
1. Indent in his favor to be issued 347
CARUTH & THOMPSON,
1. $10,000 loaned them on certain terms, to establish a Cotton Factory in Green-
ville 693
CASSELS, JOHN,
I. .Allowed a sum from the confiscated estate of James Cassels 84
CATAWBA LANDS. See Cataiuba Indians.
CATAWBA COMPANY,
1. Commissioners appointed on the part of the Slate, and others to be appointed
by the President of the Company, to ascertain the amount of money expended
advantageously by them m opening the Catawba River, the amount expended
lor other purposes, the amount given for stock by the present Stockholders, the
amount arising from the sale of lands sold by them, and report the same at
the next session 701, 727
2. The Governor to fill vacancies in the State Commissioners, and the company
to fill vacancies in their Commissioners 701, 727
3. Commissioners to meet 1st Monday in August, and to choose a filth per-
son 701, 727
4. Suit in Equity against the Company, on the part of the State, suspended till
next session, provided the Company desist from selhng any of their land.. 701, 727
CATAWBA INDIANS,
1 May lease their lands for life or lerm of years, provided no lease exceeds
ninety-nine years 575
2. Governor to appoint 5 proper persons to superintend such leases 576
3. No lease good unless signed and sealed by at least four of the head men or
chiefs, and witnessed by a majority of the superinlendants 577
4. An annual rent to be reserved 577
5. Not more than three years in advance to be paid at any time 577
6. No payment good, if not made in conformity with this Act, and receipts given
by such of the chiefs as usually transact their affairs, and by a majority of said
superintendanis 577
7. Superintendanis to be commissioned for seven years 577
S. Commission to be recorded in the Secretary of State's office, and an office
copy to be received as good evidence in the Courts, as the original would be.. .577
9. All Acts repugnant, repe.iled 577
10. So much of the Act of 1808, as forbids more than three years rentto be paid
in advance, on any lease of Catawba Indian Lands, and a receipt given for the
same by such of the chiefs as generally transact the afTairs of the nation, and
in the presence of a majority of the superintendants, repealed 678
1 1 . Hereafter no payments to be made in advance for more than 7 years, and no
payment to be deemed valid unless receipts thereof be given and attested by
one of the said superintendanis 678
12. A lease for three lives of such land, to be equivalant to a free-hold, except
where it is required by the Constitution of the Slate, or of the United States. 678
CATAWBA RIVER,
1. Actio make it navigable 14
2. Passage offi.-^h not to be obstructed 509
3. Penalty for obstructing 509
CATFISH CREEK. See Navigation.
CATTLE,
1. Penalty on person!, stealing Callle, 4c 139
748 INDEX.
2. Penalty for marking, bramling or disfiguring, wilfully, cattle belonging to any
one else 13'J
3. Slave not to mark or brand any, but in presence ol some white person, 140
4. The Acts of 11th February, 1745, and 2Gth March, 1784, in relation to steal-
ing neat cattle, repealed J U
CHAMPION, RICHARD,
1. Naturalized, with his descendands, on taking the oath of abjuration and alle-
giance 1^
CHAMPNEVS, JOHN,
I Confiscation Act repealed as to, on his taking usual oaths 94
CHECHESEY CREEK,
I. An Act for making the same navigable 14
CHESTER,
1. Dividing line between it and Fairfield and Yoik 317,318
CHESTER ACADEMY,
1. A certain sum of money vested in the Chester Academy 736
CHESTERFIELD,
1. Division line between It and Darlington to be run out and marked 480
CHILDREN,
I. Born after making a will, but before death of testator, entitled to an equal
share of all real and personal estate given to the other children, who shall con-
tribute proportionably to make up such share, (see page 107) 672
CHRIST CHURCH,
1. The Vestry and Wardens thereof incorporated 18
2. Added to the collection district (for taxes,) of Si. Thomas and St. Dennis,. 633
CHURCH. See Fremh Church.
1. Episcopal Church of Georgetown, authorized to draw ore or more lotteries
for the benefit of the Church 60!
2. Spirituous liquors not lo be sold or disposed of within one mile of any place
of worship, on the days ol worship ; but not to effect persons licensed to retail
at their own houses .WQ, 600
3. Trinity Church, Columbia, authorized !o raise a sum of money by lottery 725
4. The First Presbyterian Church, of Columbia, authorized to raise a sura of
money by lottery 725
5. A certain escheated lot of land in Charlerton, vested in the Pastor and Vestry
of the Roman Catholic Church, who are made escbcators for this particular
purpose 358
6. A tract of land vested in the Episcopal Church of Edislo Island, saving the
rights of others 573
CHARLESTON. See Colhge of Charltston.
1. All notices for the Court of Charleston, legal, if published three times a week
in the State Gazette of Charleston 2
2. The Commissioners lo continue East-Bay Street to Ashley River 16
3 An Act to regulate and restrict the erection of houses below the curiam line,
on the Bay of Charleston, repealed, &c ly
4. Appropriation to build a Court House in Charleston 66
5. The law amended for continuing East Bay to the River 75, 9»
6. Boundaries enlarged 1 18
7. East Bay Street lo be continued 133
8. Certain lots to be sold 133
9. Arrangement with John Scott's heirs for certain lots 133
10. Court of Wardens to have jurisdiction over cases of gambling, swindling, &c.. 177
11. Council to regulate drawing of Juries 178
12. Jurisdiction of the Court of Wardens ascertained in certain cases 178
13. Further time granted to owners of wharves in Charleston, antl others having
wooden buildings, used as stores only, to pull the same down 204
14. City Council vested with certain powers 265
15. East Bay Street to be complcled 265
16. An Act relating lo 278
17. Powers of City Council more cxpliciily declared, &c 309
INDEX. 740
18. An Act to asccrtnin llie damages of Robert Linrlsay, and otliers. by East Bay
Street 316
19. City Council to la.1 lots on Sullivan's Island to build Pest liouse on James'
Island 350
20. The opening of Streets, Lanes, Alleys, and Courts, prohibited, without per-
mission specially obtained 353
21. Certain lots to be assessed to widen East Bay Street 417
22. An Act to relieve the inhabitanl> of Charleston District from the unequal du-
ty of serving on juries, <tc 464
23 City Council authorized, with consent of Congress, to impose and levy a duty
on the tonnage of ships and vessels, for the purpose therein mentioned 4S0
24. The Treasurer of City Council of Charleston to account on oath, annually,
to the Comptroller, I'or the monies appropriated for the transient poor of Char-
leston 488
25. The rates of storage of Cotton at Charleston, fixed 499
26. An .\ct to repeal an Ordinance of the City Council of Charleston 499
27. City Council authorized to ascertain and delinc the Wards, to appoint an es-
cheator, and other purposes 505
28. Treasurer of Town Council to account "innually to Comptroller, for fund of
the transient poor of Charleston 515, 53!, 553, 5SG, 610, 630, G56, 685, 707
29. An Act relating to wharfage and storage in Charleston 510
30. Commissioners appointed to widen Market Street 5!2
31. An Act to alter and amend "An Act to incorporete Charleston," and for other
purposes 574
32. An Act to alter and amend " An Act to incorporate Charleston" by an equal
division of Wards; and directing the representation thereof in Council, to be
apportioned on the principle ot population and taxation, &c 596
33. An Act to authorize the City Council of Charleston to erect and build, with-
in the enclosure of the City BurialGround, lying without the City, on the bor-
ders of Ashley River, a substantial Magazine, for the storing of powder 597
34. City Council of, authorized to levy a duty or tax on auctions, provided it be
not laid on property heretofore exempt 612
35. The Intendant and Wardens authorized to widen Motle Street, and to open
Kinlock's Court 622
36. Inspection of produce in Charleston, brought to market from the interior,
(except tobacco,) abolished, but by consent of owner 623
37. Commissioners appointed (o assess the value of certain lands in the Parish of
St. Philips, on which fortifications are erecting for the defence of Charleston.. .'I'il
33, An Act to authorize the widening of State, late Motte and Union Street 64"2
39. An Act to authorize the Commissioners of the Orphan House to select the
number of youths therein mentioned, from that institution, to complete their
education at the South Carolina College 614
40 Commissioners of Poor, &c , in Charleston, to account annually to the City
Council 658
41. An Act to amend An Act entitled "An Act to authorize the opening and
widening of Stale, late Motte and Union Streets" 677
42. City Guard exempt from Militia duty 673
CHARLESTON GOAL,
1. Certain funds assigned for building Charleston goal 391
CENSUS,
1. The Commanding ofHcer of every regiment to ascertain the number of all
the free white inhabitants in his limits of command, through the commanders of
Companies, aliens excepted 142
2. The sexes to be distinguished 142
3. The number of males between 16 and 50 142
4. To be done in one month 142
5. Heads of families to give an account of them, in eight days, on oaili 112
6. Commanders of Companies to report to comniiindcrs of Keginients, in rilifon
days after receiving the enninerations, on oath 143
750 INDEX.
7. The Colonels to reporl lo the Secretary of Slate, on onlli, a generni return
made from reports of Captains 143
8 Penalty on officers and others neglecting their duty 143
1'- Treasurers and Auditor General to ascertain the amount of taxable property
in the State, fur ascertaining a just and adequate representation of the State.. .143
10. All Collectors required to make a correct return of all taxable property in their
Districts, for the year 1789, to the Treasurers and xVuditor General 143
11. A person to be appointed by joint resolution in each Circuit Court District
for taking a Census 567
12. In case such appointment is not accepted, or vacancy otherwise, the Gover-
nor to fill it 567
13. Such person shall make a faithful Census of all the white inhabitants residing
in each election district contained in the Circuit Court district, so far as the
whole or any part of the election districts shall be contained therein 567
14. The return of such Census, made on oath before a Justice of the Quorum, and
certified by him, to specify the number of free white inhabitants residing in
each and every such election district, or part of such election district contained
in the Circuit district 567
15. Returns of such Census to be made to the Secretary of State's office, sealed,
certified and directed to th.e Governor, oner before the 1st day of August ;
those of the Lower Division lo the office in Charleston, and those of the Upper
Division to Columbia 567
Hi. The Governor shall, as soon as possible after the lat Augu.st, examine the re-
turns made, and if be thinks they have not been taken according to the provi-
sions of the law, to have others made according to law 568
17. Those who take the Census lo receive reasonable compensation 568
18 Oath to be taken by those who take the Census 568
19. Oath to be endorsed on eacli return made 568
20. Oath to be taken by person, (who in case the person w^ho takes the Census
is unavoidably prevented from taking it to the Secretary of Stale's office,)
who receives the C'ensus from the taker and delivers the same at the Se-
cretary of State's office 568
21. Heads of families, when summoned thereto, shall make, on oath, a correct re-
turn of all and every free wliite person of which his family is composed, un-
der penally of .$20 568
CESSIONS TO THE UNITED STATES. See Vniled Slates.
CITIZENSHIP. See Aliens.
CIVIL OFFICERS,
1. Taxed 45 cents per cent, on the perquisites of their offices 712
2. Increased to 62^ ' 731
CLAIMS AGAINST THE STATE,
1. All persons who had put in demands against the Slate, before the Ilth
March, 1786, which cannot be found, allowed twelve months to bring them in
before the Auditor, who shall lay them before the next Legislature 106
2. Further time allowed to audit the claims ot divers persons upon confiscated
estates 128
3. Auditor authorized to send for persons and papers 128
4. Governor aulhorized to employ an interpreter lo translate papers in foreign
languages 129
.5. Treasurer to grant special indents to Lewis Bollner, and in payment of all
accounts pa.shed by this law 129
6. Further time given for registering them with the Comptroller 413
7. Claims of a certain kind, heretofore unregistered, lo be registered in the
Treasurers' offices, under direction of the Comptroller, on or before Isl Oc-
tober, 1808 y.r,
CLAREMONT,
1. Veslry and C:hurch Wardens of ('laremont Cliurch, autburized lo.sdla iiaci
of land, C(mveyed by Richard Richardson lo the Vestry, (hnnb War-
dens and Rector ol St, Marks Parish, for a glebe 98
INDEX. 751
■2. Homidary esuililislied iiQ
Cr.EARY, N. G.
I. Released frum llu' airount debited by ihcConiplroller for single tax-execulions
lodged with him, on rendition thai he mnke a full and satisfactory return of
said executions witliin ninety days 733
CLERGYMEN.
1. Exempt from professional tax 62(1, 653, 680, 703
CLERK OF THE COURT,
1. Of Orangeburgh, to be also Register of Mesne Conveyances of the Dis-
trict 477
2. Justice of the Quorum, exofHcio 479
3. Of the several Districts, to return to the Comptroller, annually, Isl jMonday
in October, on oath, an account of all the fines and forleitnres which have
been inflicted, had or received within his district, of the manner how appropria-
ted, &c., and to paj over to the Treasurer of the State the balance in his hands
on that day 589, 611, 632, 659, 710, 733
4. Penalty f^r default, $200 589, 612, 632, 659, 710
5. Comptroller to direct suit for the penalty 589, 659, 710
6. Of Charipston, to deposite all monies officially collected, in State Bank, and
not allowed to draw it out but under certain restrictions 526
7. Penalty for disobedience 527
8. Justice of the Quorum in all cases, but for the trial of small and mean cases. . . .625
9. Who shall receive from the Comptroller, a list of such persons as have paid
tax, to exhibit the same to any one who may wish to compare their receipts with
the account of tax returned by the Tax Collector, and if any difference found,
to report the same to the legislature 632, 658, 686, 709, 733
10. Penalty for refusing to exhibit the same 632, 658, 686, 709, 734
11. Shall send an express to the Treasurer at Charleston or Columbia, for the
Acts to be distributed at his office, and shall pay the express ^3 for every forty
miles, going and coming 632, 659, 687, 71 0
12. Shall send every year, and have the same ready tor distribution by the ICth
of March, of every year 633, 659, 687, 710
13. Clerks of the Court of Common Pleas and General Sessions to hold their of-
fices for four years, and until another is elected 694
14. Before entering upon the duties of his office to give bond, as heretofore 675
15. To transmit to Comptroller, annually, the returns of the Commissioners of
the Poor and of the Roads 658, 686, 709
16. Penalty for neglect 658, 686, 709
COLLECTOR OF THE CUSTOMS,
1. Not to leave the State without permission of the Governor, upon forfeiture of
his office 126
2. Governor authorized to fill such vacancy, and to grant leave of absence in
case of sickness only 126
COI/LEGE, See Cambrirlge, South Carolina College, Wmnsborough.
1 Cambridge College authorized to establish a lottery 223
2. Beaufort College incorporated, and certain lands vested in the Trustees 268
3. Trustees authorized to sell all the property of the College of Cambridge to
pay the debts of the College, and if any surplus, to apply it to the establish-
ment of a Grammar School in Abbeville district 459
COLLEGE OF CHARLESTON,
1. Trustees appointed 198
2. Powers of the Corporation 199
3. Officers of the College 199
4. Regulations 199
5 May confer degrees 200
6. Religious freedom 200
7. Gifts and legacies to .200
8. May draw a lottery 200
9 Actol 19th March, 1785, relating to, repealed 200
752 LNDEX.
10. This Act publji; 200
COI.UiNGHAlVI, JOHN,
I. ilis n:ime changed to .lolm Riilgel 544
COLrMBFA,
I. All public records, except such as relate to Charleston, Georgetown and
Beaufort, to be removed from Charleston to Columbia, the new seat of Go-
vernment 102
2 Commissioners may sell lots 215
3. Commissions allowed vendue masters 216
4. Allowed to build houses of any materials 216
5. One square given to l-'ree School, at Columbia 216
G. Commissioners of, authorized to convey two squares of land to the Agricultu
ral Society of the Stale 318
7. An election 1st April, of every year, for seven Commissioners of the Streets,
al which all free white inhabitants, who have paid one dollar tax the preceding
year, to the State, may vote 332
8. Managers appointed to hold election 332
9. Commissioners to choose Chairman 332
10. To lake an oath. Form of it 332
1 1. To have powers of Commissioners of Roads 332
12. Inhabitants to work on Streets, and excused from working elsewhere 332
13. Commissioxiers given all power to fine and expel all keepers of gaming tables
in said town 333
14. To grant tavern licenses, and licenses for retailing spirituous liquors 333
I.O. Commissioners to make such rules and regulations necessary to the quiet and
safety of the inhabitants of the town, and for regulation of streets and markets;
provided, such rules, (&c., are not in variance with Constitution and Laws of the
State and United States '. 333
16. May impose and collect in summary way, before any two of the Commission-
ers, such finesas persons may incur by violating their by-laws. But no fine for an
offence shall exceed ten dollars 333
17. Commissioners may appoint Clerk of the Market 333
18. Clerk's duty , 333
19. May sell timber and lumber trees in the streets and unsold lots in the town.. .333
20. May grant written order to cut timber 333
21. May restrain all persons from cutting, but by their order, by such fines and
penalties as they may impose, so as nut to exceed ten dollars for same offence.. .333
22. Door-keeper or Keeper of Slate House, exempted from above restraints 333
23. All fines, &c., shall be applied in keeping in repair the market-house, the
streets, paying the Clerk, and such other officers as they may appoint 333
21. Surplus, if any, to be paid over to Trustees of Columbia Academy , ..334
23. Act of December, 1797, rei)ealed 334
26. Burial-ground to belaid out 334
27. This a public Act 334
28. Receipt for Licenses for Billiard Tables in (Columbia, to be laid out in sinking
wells 401
29. Commissioners of, allowed to cancel certain bonds given for lots in Columbia,
and to convey them to the Trustees of the South Carohna College 437
30. Governor to appoint a Commissioner for selling lots, and to fill vacancy 589
31. Commissioner to execute lilies for lots sold by former Commissioners, but no
titles made 589
32 Power and duties of Commissioner 589
33. An Act to repeal "An Act for the better regulating the streets and market of
the town of Columbia, and to incorporate the said town," 505
34. Persons who purchased lots from part ol the Commissioners, to register their
titles within a year ; which titles, so recorded, shall not be impeached. If not
recorded in time, not to have the benefit of this law 525
35. All bonds and specialties given for lots so sold, declared to be valid 525
36. Governor to appoint five Commissioners, and from time to time to fill vacan-
cies 525
INDEX. 753
COLUMBIA, (continued.)
37. Comptroller to examine tiie annual report of Commissioners, and to cause all
bonds, notes and specialties, due and owing for purcfiase of lots, to be placed
in the hands of the Attorney General, or Solicitors, for collection, and to sue
for balances in hands of the respective Commissioners 525
38. Commissioners to report annually, to the Comptroller, the amount of sales, re-
ceipts, and expenditures 52.5
39. No person allowed to keep a Billiard Table in Columbia, without a license
from the Towji Council, lor which he shall pay $500 612
40. Penalty for breach of tliis law $3,000 612
41. The inhabitants of the town liable to work on the streets, under thi; directions
of the Intendant and Wardens, as the citizens in other parts of the State are
liable to work on the roads 642
42. Intendant and Wardens authorized to regulate the assize of bread 613
COMBER, DANIEL, See Tliomus FMchall.
COMPTROLLER, See Taxesnnd Treasurers. Public Debt.
1. The office established 360, 408
2. Duties prescribed 360, 408
3. Law officers having in charge the recovery of any public monies, to render
an account of the same to the Comptroller 350
4. Right of imparlance taken away from those sued by the Comptroller, for ne-
glecting to account for public monies received by them 3f)0, h09
5. To suspend any Tax Collector for neglect of duty, with consent of the Go-
vernor 361, 409
6. Treasurers to report their cash transactions to the Comptroller, once a
month 361, 408
7. Comptroller, once a month, and whenever he thinks necessary, to examine
the cash in the Treasury of Charleston, and once a year at Columbia 361
8. Must superintend transfer of money and papers from Treasurers to their suc-
cessors 361
9. To draw warrants on the Treasury for all sums exceeding $100 361, 409
10. Treasurers, on receiving monies, to give two receipts, one of which the person
so receiving, shall transmit to the Comptroller 361, 409
11. Penalty for Tax-CoUector not taking such receipt and transmitting to
Comptroller 361, 409
12. Comptroller to do the duties of Commissioner of Accounts 361
13. To go into office 1st March, and shall continue in office two years, with a sa-
lary of $2000 361,410
14. All accounts against the State to be transmitted to one of the Treasurers,
who shall transmit it to the Comptroller, on or before the 1st October, in every
year, to be examined by him and laid before the Legislature with his report. 362, 410
15. Demands against the State to be registered in the Treasurers's offices, before
1st October, 1801, or be barred 362
16. Time extended to 1st October, 1802 413
17. Former Treasurer whose accounts have not been settled with the Comptrol-
ler, not eligible as Comptroller 362
18. Comptroller to give bond 362, 410
19. Shall keep a book and register all the aggregates of taxable property in this
State, from Tax-Collectors's returns, which he is to receive fr.jm Treas urers, and
to keep in his office 362
20. Office hours from 9, till 2,P. M 411
21. Shall examine and compare returns, and proceed against Collectors when
there are undue returns 362,410
22. To do the duties prescribed by this and all future Acts 410
23. How to pay registered debt . ..426
34. To enquire if any Bank exist, bottomed on paper medium, and penalty there.
cf 374,391
25. To give information thereof to Attorney General 374 391
26. Authorized to draw his warrant for the amount of paper medium to be burnt
in the Treasury, and to discount the same in the State Bank, or any othc tBank,
VOL. v.— 95.
754 INDEX.
COMPTROLLER, (cominueiij
for such a sura as will supply llie amount of paper medium burnt; provided, the
rate of interest does not exceed 7 per cent 444
27. To suspend or recall warrants to i>liller& Whitney, until their disputes with
the State are settled 444
28- To fund I he registered debt, to bear an interest of 6 per cent, and the interest
to bear an interest of 3 per cent, and Treasurer of Lower Division to issue
certificates for the same 444
29 Comptroller to call on all Commissioners who have received monies for re-
pairing or erecting public buildings in iheirdislricts, to account forsuch monies,
and such acconnts to be laid before the Legislature annually 454
30. To cause all lands morigaged to the State to be sold 457
31. To cause lands mortgaged to the State, and bought in, lobe re-sold, and if
they do not bring enough to satisfy the debt, to proceed against the principal
and sureties for the balance , 437, 486
32. Comptroller to pay the specie certificates, chargeable on the estates compris-
ed in clauses nf this Act, if the produce of such estates shall amount to that
much 457
33. Authorized to postpone the sale of certain lands 486,513,532,552, 584, 608
34. To call annually on Treasurer of City Council of Charleston, to render an ac-
count of monies appropriated for transient poor of Charleston 488
35. lie and the Standing Committee to call in and pay part of the six per cent,
debt of the State 472
36. To buy State or United Stales Stock with the interest of the Stock belonging
lo the State 411
37. May transfer money from one Treasury to the other, at his discretion, and
may ask of the Governor an escort to conduct the same 411, 412
33. To sell lands mortgaged to Loan Office 425
39. Pro<-eedings in selling 425
40 To present lo the Legislature, annually, a correct statement of the taxes of
each election district, and to furnish Collectors with blank returns, conforming
to the requisitions of the law 567
4L Authorized to exchange six per cent. Stock of the United Stales, held by this
Slate, Tor six per cent. Stock of ihis State 5SB
42 To direct suits against Clerks of Courts for not making an annual return to
the Comptroller, of all fines in his district, &c 539, 659,710
43. 'I'o call annually upon the Commissioners of Public Buildings, and the
Boards of Commissioners lor clearing and opening several rivers and creeks, tor
an account, on oath, to be laid beibrc the Legislature, 535, 555, 587, 611, 631, 057,
685, 708.
44. Aulhoiized lo sell a tract of land, a part of the confiscated estate of Elius
Ball 535
45. Likewise lo sell a tract nf land mortgaged by John O'Neil to Loan Office,
and purchased lor the State .'i35
46. Authorized to subscribe, on loan, to the United States 555
47. To pay off the last registered debts 556, 588
4.S. To publish, in Ihe Carolina Gazelle, such Commissioners of Roads and of the
Poor as have not made their returns to the Clerks of Courts, and such Clerks as
have not transmitted such returns to the Comptroller 709
49. Comptroller to debit all Sheriffs in the books of the Treasury, with the lull
amountof their receipts to the Tax Collectors, for executions, unless they make
complete return of such extculions in ninety days after they have been
placed in ihcir hands ; and they shall nut ailerwards be credited for any such
executions, though returned nulla bona or 7i(m mventus 712
50. Comptroller to negotiate a loan with the Bank of the Slate of South Caroli-
na, to pay the State quota of dirert tax imposed by the General Government,
and to place the same to the credit of the United States 716
51. He islo approve of the official bonds given by the Ailorncy (General and So-
licitors 723
.52. To approve of R. II. Saxon s bond, lately elected S(tlicilor, and who has noi
yet given bi>nd 723
INDEX. 755
COMPTROLLER, (conlinued.)
53. To be elected for two years, but after serving tour years in succession, shall
not be re-elegil>le for two years 67 j
54. To stay proceedinRs against certain persons 612
53. Authorized to negotiate a loan, not to exceed $5UO,0(iO, for such sum as the
Governor may think sufficient to support the Brigade of State troops 731
56. Shall transmit to the Clerks of the Courts lor ilie several Districts, the names
of all persons who shall have made returns of taxes, together with the amount
of tax paid by such persons ; which list of names the Clerks shall shew to any
one who may wish to compare their receipts with it 632, 658, 709, 733
57 For such trouble, he shall be paid two hundred dollars 734
58. To publish, in the Carolina Gazette, such of the Commissioners of Public
Buildings, Inland Navigation, of the Puor, and of the Roads, as have not ac-
counted at a certain lime, and the Attorney General or Solicitors lo proceed
against them 632, 733
COM.mSSAKV GENERAL,
1. To draw on the Comptroller for $IO,0!JO at a time, and account for it before
he draws again 670
2. To give bond for S30,000, to be approved of by the Governor and Comptroller. 670
3. To contract for munitions of war, but not to exceed $60,001), unless with the
appiobalionuf the Governor 67C
4. Governor lo distribute the arms and equipments 670
.5. Blankets, cannon 671
6. All former appropriations repealed 671
COMMISSIO.XERS IN EQUITY. See Master in Equity.
1. To keep their offices open from 9 to 3 o'clock 161
2. Sundays, Christmas and 4th July, excepted 161
3 Master in Equity to hold his office for four years, and until another is elec-
ted 674
4. To give bond for ten thousand dollars, with good and sufficient sureties, to be
approved of by the Commissioners to approve of SheriflTs's bonds; the Commis-
sioners of Charleston, Georgetown and Beaufort, being excepted, who are to
give the same security as heretotore 724
.■i. To hold their offices for four years, and until another is elected 674
<). Before entering upon the duties of his office to give bond for twenty thousand
dollars 675
COMMISSIONERS OF INLAND NAVIGATION,
1. Commissioners for clearing, opening and rendering navigable, rivers, creeks,
&c., to account annually, on oath, to the Comptroller, for funds received by
them, the account to be laid before the Legislature, 535, 555, 5S7, 611, 631, 657,
685, 708
COMMISSIONER OF LOCATIONS,
1. For Georgetown, to give bond in the sum of five hundred dollars, and one
good surety in the sum of two hundred and fifty dollars 348
2 Such person to be appointed by the Governor as is recommended by a majori-
ty of the Delegation from his District 398
3 If the members fail to recommend any one, the Governor may commission any
one he thinks fit 393
4. Hereafter to give bond only for one thousand dollars, with two sureties in
five hundred dollars each 618
5. To hold their offices for four years, and until another is elected 674
COMMISSIONERS OF THE POOR,
1. Managers of elections for the Legislature, to open at the same time a poll for
the election of five Commissioners of the Poor. All who vote for members to
vote for Commissioners I75
2. Commissioners 10 have the oversight of education and relief of the poor in
said election district, to demand and receive all gifts and legacies, all fines and
forfeitures, or any other thing given to the use of the poor, and to maintain
suit^ for the same I75
756 INDEX.
COMMISSIONERS OF THE POOK, (continued )
3. Once every year, if necessary, the Commissioners shall assess, equally, the
estates, real and personal, of every inhabitant, owner or occupier, and may is-
sue warrants against such as refuse to pay, which shall be executed in the same
manner as tax warrants 176
4. Commissioners may bind out poor children as apprentices 176
5. Penalty on Commissioners refusing to serve 176
6. To assess and collect taxes to pay demands incurred before their appoint-
ment 287
7. Commissioners lo be chosen in Edgefield 288
8. To account annually to the Commissioners of Roads, who shall pubhsh the
account 557
9. To account lo the Clerk of the Court and not to Commissioners of Roads, 588, 631
657, 686, 708
10. Former Act repealed 588
10. Not to pay forfeiture, provided they have made their returns at any sub-
sequent time in each year 659
COMMISSIONERS OF PENDLETON COUNTY COURT,
1. Released from all responsibility, upon assigning over all debts due to them, and
paying over funds to commissioners appointed for the purpose of establishing a
Circulating Library 578
COMMISSIONERS OF PUBLIC BUILDINGS,
I. Of ihe different districts, to account annually to the Comptroller, on oath, for
monies received by them, and lo be laid before the Legislature by him. . . .535, 555,
587, 611, 631, 657, 685, 708
COMMISSIONERS TO TAKE BONDS FROM SHERIFFS,
1. Likewise to lake bonds from the Attorney General, Solicitors, Ordinaries, Tax
Collectors, Clerks of Courts, Register and Commissioner in Equity, and transmit
them to the Comptroller, who shall deposite Ihem in the Treasurer's office of the
Lower or Upper Divisions, according lo the residence of the party 675
CO.MMISSIONERS OF ROADS,
1. Allowed 10 license billiard tables 207
2. The sole right of granting hcences to retailers, tavern keepers, and keepers of
billiard tables, vested in them of each district 399
3. To hear and grant applications only at slated meetings and for one year 399
4. Every retailer lo whom license may be g-anted, shall give bond and security,
lo the Chairman, or person aulhorised by the Board, before receiving such
license 400
5. Money for licenses to be laid out in repairing roads 400
6. License for retailers or tavern keepers, §8, and $2 for fees 400
7. Penalty for retailing or keeping tavern without license, $100. $.50 for license
for billiard table, and l?300 penalty if no license, half to informer, I he other lo Com-
missioners of roads 400
8. How to be applied 400
9. This Act not to impair rights of corporations 400
10. This Act not to apply to persons retailing not less than one quart, distilled on his
own plantation, of the growth of this State, and to be exporte<l 401
1 1. Shall publish every year the account made to them by the Commissioners of
the poor 557
12. To account annually to Clerk of the Court 588,631,657, 686,708
13. Not to pay forfeiture, provided they have made returns at any subsequent
time in each year 659
CONSTABLE,
1. Fees for executing warrants for taxes 32
CONSTITUTION OF UNITED STATES,
1. Articles of confederation inadequate 4
CONTEMPT OF COURT, j
1. The party to be heard before he is comniiltod ("or a conlempt of Court 642 '
INDEX. 757
CONGRESS, U. S.
1. Authorized tu regulate trade with foreign nations 6
2. The Stale Legislature appoints by Art, members to the Congress of the Uni-
ted States, to serve one year, under the Artirles of Confederation 17
3. The Governor commissions them 17
4. The Legislature may recall their Delegates, orany one of them, and substitute
others to serve the time out 18
5. In case of vacancy by death, resignation, or refusing to act, during the recess
of the Legislature, the Governor, with the advice and consent of Privy Council,
to fill the vacancy, for the residue of the term 18
6. State divided into election districts 85, 146, 212, 430, 665
7. Each to choose a member to Congress 85,146,212,665
8. Elections held at same place and by same managers as elections to the Legis-
ture 85, 146, 213, 430, 665
9. Rettjrns thereof to be made, under seal, by express agent, under oath, to the
Governor in 20 days 85, 146, 213, 214,431,665
10. On the 5th January next, or as soon after as the Council can be convened, the
tiovernor shall cause the returns to be examined in Council, in a public manner,
and ascertain the number of votes given for every person, and what five have
the greatest number, and shall cause it to be made known, by proclamation, who
are elected, and notice of such election given to each member 85, 146
11. Time for Governor to examine votes altered to Ist November 146
12. The Governor shall deposite the original poll of each district in the Secretary
of State's office 85, 146,666
13. A person elected for two districts, shall choose, in 20 days, after due notice
thereof shall be given him, for which district he will serve; and another elec-
tion shall be ordered by the Governor, to be held within 20 days thereafter, for
the vacant district 85 146,214, 432,666
14. The Governor shall order a new election in the same manner where the mem-
ber elected shall refuse to serve, or omits to signify to the Governor his inten-
tion of serving within 20 days after receiving due notice of hisel.>ction..85, 146, 666
15. In case of the death of any person elected, or of his seat becoming vacated
by any other means, or if two or more shall receive equal votes, the Governor
shall order a new election 85, 146, 666
16. Fifty days allowed a person who is out of the State, to signify to the Gover-
nor whether he accepts oi declines 147
17. Time for <»overnor to examine votes altered to 1st Monday in December
afler each election 213, 431, 666
18. Governor to cause the votes to be opened and counted in his presence by Com-
missioners appointed by him, under hand and seal 214, 666
19. How to be counted if Governor is absent 214, 431, 666
20. Oath of the person who carries the votes from the managers to the Governor or
Secretary of State 065
21. Oath which the Governor or Secretary shall administer to him when he de-
livers the votes sealed up 665
22. Persons bringing the packets, to be allowed $3 per day, going and coming,
allowing 40 miles for each day's journey 666
23. Governor to announce the election by proclamation 431, 666
24. Oath of Commissioners 666
25. Managers, next day after poll closes, to count over the votes, in a public man-
ner, and shall keep an account in writing of the number of votes given to each
candidate, and to transmit to the Governor, with the ballots, a duplicate 432,666
26. The Act of 21st December, 1792, prescribing time and place of electing mem-
bers to Congress, repealed 427
CONFISCATED ESTATES,
1. Bonds and mortgages of certain confiscated insolvent estates given up to cre-
ditors, on their discharging the State from all liabiUties to certificates issued to
such creditors , 556
CONFEDERATION, ARTICLES OF. See Constitution of V. S.
CONGAREE. See Navigation.
758 INDEX.
CONVENTION, OF THE UNITED STATES,
1. Five Deputies or Commissioners, appointed by the Legislature, to be commis-
Bioned by the Governor, to revise the Federal Constitution 4
2. Majority to report to Congress of the U. S 4
3. Provided the State be not represented by less than two 4
CONVENTION OF THE STATE,
1. Members and electors of members allowed all the privileges of members of the
Assembly 82
2. Provision for paying members and officers 92
3. Members of the Convention of 1790, entitled to same privilege as members of
the Legislature ... .127
CONVENTION BETWEEN GEORGIA AND S CAROLINA,
1. An Ordinance confirming 83
CONVENTION BETWEEN NORTH AND SOUTH CAROLINA,
1. Treaty settling the boundary between North and South Carolina 667
CONVICT.S,
1. Penalty for bringing one into this State from foreign countries 87
2. Masters of vessels shall deliver, on oath, to the Collector, list of passengers.
Oalh prescribed 87
3. How fines and forfeitures recovered 88
CONVEYANCES. See Fraudulent Conveyances.
CONVEYANCES OF LAND,
1. Further time given for recording of certain conveyances and mortgages of
land, and places of recording .128
2. Form prescribed 255, 256
3. Warranty to be inserted or not, as agreed on 256
4. Forms heretofore used still valid 256
5. Wife may renounce her dower, and how 256
6. Form of renunciation 256
7. Wife may release her inherhance 257
8. Mode of doing it 257
CONWAYBOROUGH,
1. Additional Commissioners appointed to sell lots in 509
2. The Act requiring the proceeds of the lots to be applied to the building of a
Court House and Goal, repealed, and the money ordered to be put to interest,
and ihe interest to be appropriated to the education of poor orphan children, and
the children of those who are unable to educate them 510
CORPORATIONS,
1. Divers religious societies incorporated 15, 76, 98, 102, 104
2. Vestries and Church Wardens incorporated in the Parishes of St. Luke, St.
Matlhew, Prince George Winyaw, St. Stephen, St. James Goose Creek,
Claremontand St. Helena 76
3. Roman Catholic Church of Charleston 183
4. Jewish congregation at Charleston 134
5. The Presbyterian Churches at Hopewell, Jeffries Creek, Aimwell and Leba-
non 184
6. The Baptist Church at Ebenezer 184
7. Camden incorporated 184
8. A society incorporated for the relief of the widows and children of Presbyte-
rian Ministers, deceased 144
9. The Vestry and Church Wardens of St. Philips & St. Michaels, made two
separate corporations 196
in. Lodges of Masons incorporated 197, 198
11. German Friendly Society 202
12. Society in Beaufort for promoting and encouraging Ihe education of chil-
dren, &c 202
13. Mode of their collecting iheir debts, &e, from their own members 206
14. Charleston Baptist Association 220
15. Of divers religious socielies 222
)6. The Academy at Columbia incorporated 271
I
INDEX. 759
CORPORATIONS, (conlinueil.)
17. Agrioullural Society of South Carolina 266
18. Wiilianisbnrgh Academy, and Trustees allowed to estuMish a lottery 267
19. Episcopal Church at Edisto 230
20. United Independent Congregational Church 230
21. Vigilant Fire Company, Charleston 231
22. Port Republic Bridge company 235
23. Medicil Society of South Carolina 238
24. Free and accepted .Masons 239
2.T. Certain religious societies 245
26. Charleston Insurance Company 311
27. College in I'inckney District 318
28. Spartanburgh PhiLinthropic Society 324
29. Charleston Mechanic Society 329
30. St. Andrews Society of Charleston 331
31. Georgetown Fire Company 332
32. The Trustees of the Public School of the Clarendon Orphan Society 337
33. Escheated property in Clarendon vested in them and they made escheators..337
34. May receive charitable donations 337
35. How and when lo meet and elect officers and fill vacancies 337
36. To keep an account of their proceedings 338
37. T'-uslees for establishing public schools in Orangeburgh 338
38. Their powers 338, 339
39. Escheated property in Orangeburgh vested in them 339
40. May appoint escheators 339
41. The Head of Enoree Baptist Church 358
42. Charleston W ater Company 358
43 Upper Long Cane Society 363
44. Company for opening a Canal from Back River to Chapel Bridge 368
45. Georgetown Library 378
46. .lohn's Island Society 383
47. The South Carolina and State Banks 399
48. Tlie Act repealed for establishing a Company for opening the Navigation of
Broad and Packolet Rivers 399
49. Antipcedo Baptist Church in Georgetown 414
50. Marlborough Academy 434
51. Philomatic Society of Marion 434
52. .lefferson Monlicello Society 434
53 .VnActto incorporate the Stale Bank: and imposing certain restrictions on
the directors, officers and servants of Baid\s, in this State 435
54. The by-laws of the Protestant Episcopal Church of St. Philips, Charleston,
confirmed, and the congregation enabled to alter the same, or substitute others,
under certain restrictions 436
55. Several Societies incorporated 438
56. The "Abee Vetomim ubne Ebyonim," or Society for the relief of Orphans
and Children of Indigent Parents, incorporated 439
.57. Charleston Mechanic Society 460
58. An Act to incorporate the Town of Beaufort 470
59. St. Andrew's Society 480
60. An Act to incorporate several Religious Societies 481
61. An Act 10 amend An .\ct to incorporate the Town of Beaufort 493
62. The Trustees of the Pineville Academy 495
63. The Botanic Society of South Carolina 495
64. An -Act for the incorporation of Georgetown 500
65. An Actio incorporate several Societies therein mentioned 502
66. The South Carolina Insurance Company 506
67. The Union Insurance Company 544
68. Beaufort Library Society 516
69. An Act toincorporate the several So<'ieties therein mentioned 597
70. An Act to initorporate the Presbyterian Church in the Parish of St. Philips
and State of South Carolina 599
760 INDEX.
CORPORATIONS, (continued.)
71. An Act to incorporate several Societies, nnd for other pnrposes 526
72. The South Carolina Horaespiin Company 572
73. An Act to amend the charter of Winyaw Indigo Society, and for other pur-
poFCs 576
74. An Act lo incorporate several Societies 576
75. An Att to incorporate Mount Pleasant Academy, in Christ Church 601
76. An Act to alter and amend An Act to incorporate the Fellowship Society 605
77. An Act to establish a Company for the Inland Navigation, from Sampit to
Santee, and from Sanlee to Cooper River 605
78. An Actio incorporate the Union Bank, of South Carolina 618
79. An Act to incorporate the Protestant Episcopal Society, for the advancement
of Christianity in South Carolina 620
80. Wadsworthville Poor School, incorporated 622
81. An Act to incorporate the several Socities, and for other purposes therein
mentioned 622
82. An Act to incorporate the Planters and Mechanics' Bank, of South Caro-
lina 625
83. An Act to incorporate the Charleston Fire Insurance Company 641
84. An Act for amending the charter of the Planters and Mechanics' Bank, and
for other purposes 643
85. The Pendleton Circulating Library Society, and the Sumterville Library So-
ciety 648
86. An Act to incorporate the Free Mason Hall Company 676
87. An Act to establish a Bank, on behalf of and for the benefit of the State 6R0
88. An Act to explain and amend An Act entitled "An Act to establish a Bank,
on behalf of and for the benefit of the State." 695
89. An Act to incorporate the several Societies therein mentioned, and for other
purposes 6*^6
90. St. Andrew's Presbyterian Church, Charleston 698
91. An Act to alter and amend the charterof ihe Bank of the State of South Caro-
lina, so far as relates lo the issuing of bills of a less denomination than one dollar;
and for other purposes therein mentioned 720
92. An Act to incorporate the several Societies therein mentioned, and for other
purposes 721
93. An Act to incorporate the Grand Lodge of South Carolina 722
94. Mode of filling vacancies in the Board of Directors of the Bank of the Slate,
where the Legislature omits lo elect a part or the whole Board, annually 732
COOK, JAMES,
1. Allowed to have his accounts audited against a confiscated estate, alter the
time limited 68
COOSAVVHATCHIE,
1, Court House and Goal for Beautort District removed toCoosawhatchie 76
CORONER AND INQUESTS,
I. Where certified of the dead body of any supposed to have come to a violent
and untimely death, in his county, he shall make out a warrant, directing any
Constable to summon enough for a Jury of twelve, at a certain time and
place 307
9. Constable failing to execute and return such warrant, to pay ten dollars 307
3. Any one warned as a Juror, and failing, to forfeit ten dollars, unless excused by
the t-'oroner and a Justice of the Peace 807
4. All free white per.>ions of 21 and upwards, as well bystanders as others, who
may be convenient, whether freeholders or not, to serve as Jurors on Coroner's
Inquests 331
5. If one is summoned and neglects or refuses to serve, he shall pay a penalty of
ten dollars, unless excused by the Cok'oner 331
COSTS, See Fees.
COTTON, JAMES,
I' Allowed the exclusive righl to run a line of Stages between CliarUston and
Georgetown 580
il
IN])EX. V6l
COTTON GIN, See Miller and Whitney,
COURTS,
1. An Act for establishing County Courts 44
2. Courts for trial of piracy and felonies at sea 67, 83
3. Temporary place provided for them in Charleston "U
4. An Act to amend the County Court Acts 73
5. An Act concerning the Courts of Ordinary 101
6. County Courts, between Savannah and Saluda Rivers. ..i 106
7. The 36th clause of the Act of the iSth August, 1731, and the 1st clause of the
Act ]6ih March, 1783, and 1st and 2d clauses of an Act 26th March, 1784, al-
lowing of special Courts for the trial of causes of transient persons about to
leave the State, repealed 45
8. An Act to revive and continue the authority, acts and judicial proceedings of
the Court of Common Pleas, to be held in Charleston, and for other purposes . . . 103
9. Justices of the County Courts vested with power of Vestry and Church
Wardens, as to the poor, and orphan children 122
10. An Act for granting to the Circuit Courts complete, original and final jurisdic-
tion, &c, 139
11. An Act concerning the sitting of the Court at Cambridge, and to oblige She-
riffs to receive prisoners 141
12. Court of Equity, established 164
13. Amendment of the Acts for establishing Circuit Courts throughout the State . . 165
14. An Act concerning County Courts. ., 165
13. County Courts established in Kershaw 179
I'j. An additional Act to " An Act to establish a Court of Equity in the State, ".192
17. The law respecting Juries, altered and amended i93
18. Some additional regulations lo the Acts for estabhshing the Circuit Courts. . . .193
19. An Act to amend the several Acts respecting the Circuit Courts 204
20. County Courts allowed to license Billiard Tables 807
21. Seals provided for the District Courts 211
22. Times for holding several County Courts altered 231
23. An Act relating thereto 232
24. Clerk's office at Cheraw, where to be kept 243
25. Rules to be posted 243
26. Commissioners appointed to contract for suitable room 243
27. Records to be removed again into Court House, as soon as repaired 244
28. A room in Court House of Charleston appropriated for United States Courts . . , 245
29. An Act to establish an uniform and mDre convenient system of judicature. . . .340
30. An Act to revise and amend the above Act 354
31. An .Act supplementary to the same 36y
32. A Courtof Inferior Jurisdiction established in Charleston, and the jurisdiction
of Dlagistralcs extended in other parts of the Stale 39y
33. The upper Districts of the State divided into four Circuits 477
34. Sitting of those of Clarendon, Claremont, Chester, Spartan, York and Abbe-
ville 266
35. Court of Equity for Charleston, Colleton and Beaufort, w hen to sit 381
36. Irregular proceedings of the late County Courts made valid in law 381
37. A transcript from their minute-books may be given in evidence in Law and
Equity, where it is necessary to give such proceedings in evidence 381
38. Such transcript to be regularly and duly under the hand and sworn to by the
Clerk or keeper of the records of the County Courts, so abolished 381
39. At what lime the Courts in the Southern Circuit are to sit 497
40. Court at Williamsburgh 497
41. Jury lists lo be made and juries drawn for Lexington and Williamsburgh 497
42. An Act relating to ihe sittings of the Court of Equity, and for the establishment
of a Court of Appeals for the same 565
43. An Act to provide for the more easy and expeditious administration of jus-
tice iu the Courts of this State 5;i&
44. An Act to establish a Court of Equity in and for the District of Beaufort, &c. .625
VOL. v.— 96.
762 INDEX.
COURTS, (eonlinued.)
45. An Act for regulating the Courts held by the Associate Judges at the conclu-
sion of their Circuits, and of the Courts of Appeals, held by the Judges of the
Courts of Equity, and for other purposes 645
46. An Act to extend the provisions of " An Act to remedy the defects of the
Court of Ordinary, in the several Districts where there are no County Courts,
as to matters and cases in which the Ordinaries of those districts may be res-
pectively interested," passed 17th March, 1789, to all the Circuit Court Districts
throughout the Slate <J67
47. An Act to amend "An Act for regulating the Courts held by the Associate
Judges, nt the conclusion of their Circuits, and of the Courts of Appeal, held
by the Judges of theCourtsof Equity," passed 21st December, 1811, by chang-
ing the day for holding the Courts ; and for other purposes 694
48. An Act for appointing an additional Commissioner or Master in Equity for
Charleston 696
49. An Act to alter the times of holding the Courts of Common Pleas and Ge-
neral Sessions in Horry District 697
50. An Act to establish a Court of Equity for Edgefield District 719
51. An Act to alter the Southern Circuit, so as to give to the District of EdgefieM
two weeks for the sitting of its Courts, and to alter the time of holding the elec-
tion for Sheriff of Beaufort District ■i'22
COURT HOUSES AND GOALS,
1. Governor empowered to appoint Commissioners to repair or re-build the
Court Houses and Goals in the different Districts 77
2. Commissioners appointed to build certain Court Houses 236
3. Of certain County Courts, ordered te be sold 466, 467
4. The proceeds, how to be disposed of. 467
5. Penalty for erecting any building, fence or wall of any kind, or for occupying
or using, &c., any such building, Sic , on [he Court House lot or square 597
6. Six months allowed for removing any heretofore erected 597
COUNTY COURT OFFICERS,
1. The Courts being abolished, the Comptroller to pay the officers what is due
them, from the sale of old County Court Houses and Goals 467
CRIPPS, JOHN S.
1. Foreign agent, ordered to draw for certain monies in England, and to deposit
the same in the Treasury 375
GUMMING, MARY,
1. Authorized to convey a tract of land and to make title 99
DARLINGTON,
1. Division line between it andChesterfield to be run out and marked 480
DEBT, See Public Debt-
DEBT OF THE REVOLUTION,
1. The annual quota of South Carolina, in satisfaction of the debt of the Revo-
lution, to the United States 12
DEBTOR AND CREDITOR, See Listalment Law Exentors and Admintstraiors.
1. Where any person, (not a citizen of this State,) has died, or shall die, already
indebted to a citizen of this Stale, the assets and effects within the same, being
sufficient for the payment of all his debts, shall be hable to discharge the debts
due the citizens of this State, in the same manner as if the same had been li-
quidated by bond or other specialty - 86
DEER,
1. Penalty for killing, while fire-hunting 124
2. Penalty for killing Does between l.«t March and 1st September 12
DE LA HOWE, DR. JOHN, See Agricultural Society of South Carolina.
DEVISE, See Wills and Testaments.
DIERSON, BARNEND,
1. Exempted from the operation of the escheat law, as to certain real properly
purchased by him before he became a citizen 439
DIRECT TAX, See United States Direct Tax.
INDEX. 763
DORCHESTER, See 6(. Gtorge Dorchester.
DO^VER, See Coni-eyance.
DOWN, JAMES,
1. Naturalized 134
D'OYLEY'S SURETIES, See/". Bremar.
1. Further time given 6G0, 716
2. Furtiier indulgence granted them 734
DLELLING.
1. Penalties for fighting a duel, or forgiving, sending oroccepting a rhallenge, or
being directly or indirectly concerned in a duel, &:c 671
2 This Act not to be construed to save the offenders, in case of death, from
the pains and penalties of the law, for the punishment of homicide 671
DUTIES,
1. Rute of, on wines, liquors, goods, merchandise, negroes, &c 8
2. No duties on goods of the growth, produce or manufacture of the United
States 8
3- Three per cejit on all other goods 8
4. Value, how to be ascertained , 8
5 Goods entitled to debenture 8
6. Bond to be given for gouds to he re-yfaipped 8
7. Goods seized, to be forfeited 8
8. Payment of the transient duty 8
9. Not demanded of the subject of any country in commercial alliance with the
United States 8
10. Oath to be taken by importers 8
U. No entry to be made by Vendue Masters 10
VI. Duty on goods sold at auction -. 10
13. XXutiee under £10 to be paid before goods are landed 10
i\. Days appointed for the sale of goods at vendue 10
13. Oath 10 be taken by Vendue .Masters 10
16. Commissioners of the Treasury to keep an account of duties imposed by this
Act U
17. Clauses of former Acts repealed 11
18. French vessels exempted from infirmary duties 40
19. An .Act for the entry of vessels, piissed 8th October, 1798, repealed 45
20. Duties on lands and negroes sold at auction, repealed, 81, 82
21. City Council of Charleston authorized to lay a duty on tonnage 480
DWIGHT, FRANCIS MARION,
1. To take the name of Francis Marion 348
EDISTO RIVER,
1. An Act for clearing and improving the navigation 7
2. David Campbell allowed to erect a dam across, on certain conditions 354
3. Mode of proceeding, in case it is injurious to any one 354
EJECTMENT, See Trespass totry Title.
EKELSALE, MARY,
1. Allowed to bring certain slaves into the State from the Bahamas 507
ELECTIONS,
1. On an election by the L-^gislature for Attorney General, Solicitors, Tax-Col-
lectors, Ordinaries, Clerks of Courts, Registers, Master and Commissioners in
Equity, Commissioners of Location, and Register of Mesne Conveyances, a
majority of all the votet given on such joint ballot, shall be necessary to consti-
tute an election 674
2. For members of the Legislature. See Legislature.
3. For members from St. Johns, Colleton. See St. Johns, Colleton.
4. For members of Congress. See Congress, United States.
5. For electors of President and Vice President of United States. See Electors
ELECTORS FOR PftESIDENT AND VICE PRESIDENT OF UNITED STATES,
1. How and when electors {or President shall be appointed 86
3. Oath 8S
764 INDEX.
ELECTORS FOR PRESIDENT AND VICE PRESIDENT OF U. STATES, (continued.)
3. Electors for President nnd Vice President appointed by ballot on the Tuesday
preceding llie first Wednesday in December, in every fourth yenr, fit Colum-
bia, by the Legislature which shall be then existing, or by 6Uch as attend aa
members that day 202
4 Oath of electors 203
ELLIS. WILLIAM WASUINGTON BRAY.
1. His name changed to that of William Washington Ellis "iO'i
2. Rendered capable of taking by descenl, &c., from his parents, as if born in
wedlock 702
ENGLISH, JOHN,
1. Invested with so much of his father's estate as remains undisposed of by the
Commissioners of confiscated eslastes 367
ENORFE RIVER,
1 Obstructions to passage of fish to be removed as high as Reuben Guris's
mill 509
2. Penalty for not removing obstructions 509
3. Commissioners to superintend slopes and sluices. Their Powers 509
EPISCOPAL CHURCH,
1. A tract of land vested in Episcopal Church of Edisto Island, saving the rights
of others 573
2. The Episcopal Church of Georgetown, authorized to draw one or more lot-
teries for the benefit of the Church 601
ESCHEATS AND ESCHEATORS, See Marion Academy Society.
1. Eschealors appointed for each District, who are to take oath and give bond.. .46
2. Duties of the Eschealor ^„ 47
3. Lands, name of the person Inst seized, and supposed time of his death, and
part of the world in which he was supposed to be born, to be advertised six
months, and no claimant appearing in one year, to be escheated 47
4. Sales to be advertised six weeks, ifec 47
5. Indents may be received in payment 47
6. Lands may be divided into smaller tracts 47
7. Proceeds to be deposited in the Treasury 47
8. Any one appearing in five years and proving good title, on issue tried, forth-
with to receive adequate compensation 47
9. Privileges of claimants 47
10. The State not precluded by possession, grant, conveyance, or any other cause
or litle, from making inquest, &c., of lands heretofore escheated, by the death
of the person last seized 48
1 1 . No lands claimed under grant, or under actual possession for five years before
4th July, 1776, effected by this Act 48
12. Personal estate to which there is no heir, in the hands of an executor or ad-
ministrator, shall be advertised, and revert to the State 48
13. Three years allowed, after disability removed, to infants, feme-coverts, lunat-
ics, or persons beyond the limits of the I'nited States 48
14. Escheator allowed 2i per cent, and his costs and charges, where persons
flhall appenr and prove title after office found 48
IT). Penalty on escheators for misconduct and fraudulent practices 48
16 This Act to operate on all e«tales of a person dying without an heir, or for-
feited for treason, or otlierwise become divested by operation of law, without
leaving any legal representative 49
17. Property of persons convicted of felony, shall not be forfeited, but shall de-
scend to their legal representatives 49
18 Law not to operate where there are heirs of the half blood, or on lands of
the wife, who leaves no heirs ; the half blood and the husband nnd his descen-
dants,or others claiming under him or them, entitled to the same 49
19. No lands to be sold previous to the 26tii March, 1791, where the inheritance
shall appear, on inquisition, to belong to an alien 49
20. This Act not to contravene any treaty or agreement between the Ignited
Stales and any foreign power, on the subject of descents nnd inheritances 49
INDEX. 765
ESCHEATS ANDESCHEATORS, (continued.)
21. No member of ihe legislature to be nn escheatoT 49
22. Esclieators not allowed to purchase escheated estates, under penalty of five
thonsand pounds 49
23. Commissioners ap|>ointcd for each District to report to the Legislature such
lands as have escheated 236
24. Escheated property in Clarendon, not exceeding .$10,000, vested in "the
Trustees of Public School of the Clarendon Orphan Society." 337
25. Escheated property in Orangeburgh, not exceeding twenty thousand dollars,
vested in "the Trustees for establishing Public Schools in Orangeburgh." 339
26. In Lancaster, vested in Trustees for endowing a School 364
27. Trustees appointed 364
28. To keep an accountof the property granted to them 364
29. In the District of WilUarasburgh, vested in the Trustees of the Williamsburgh
Academy 365
30. Their powersand duties 365
3L In Colleton, vested in Trustees for a School 365
32. Powers and duties of Trustees 365
33. In St. Philips and St. Michael's, vested in the City Council of Charleston,
tor the benefit of the Orphan House 366
34. In York, Chester and Union, vested in the Trustees of Alexandria College 364
3.5. Their powers and duties 364,365
36. Where the State has ceded to any body politic escheated property, such
corporation shall nominate and appoint an escheator, who shall be commission-
ed by the Governor 507
37. Escheators so appointed, shall not execute the duties by deputy, but vested
with all powers 507
38. Escheator of Colleton to give bond and surety for two thousand dollars. The
bond to be given as heretofore 675
ESTRAYS,
1. May be taken up by any freeholder or agent on his own land 6, 137, 465
2. To advertise in three days, at three public places 6, 137, 465
3. Within seven days, to give information to magistrate, 6
4. Extended to ten days, 157, 465
5. Magistrate to issue his warrant to three disinterested residents, to ascertain the
value of the estray, &c., and to give certificate thereof 6, 137, 465
6. Certificate to be sent to the Clerk of the Court, who shall affix a copy on the
door of Ihe Court House, at the next Court 6, 137
7. Proceedings, if no owner shall appear 7, 137, 465
8. How to proceed if valuation exceed ten pounds 7, 157
9. No stone horse to run at large 7,138
10. How Justices shall proceed where there are no County Courta 7, 137
11. Penalty for neglect of duty 7, 138
12. Proceedings, if owner appear 138
13. If no owner appear, how money to be appropriated 138
14. How persons taking up estrays to be compensated 138
15. Bonds given for estrays recoverable without an imparlance 138
16. Act of 27th March, 1787, "concerning Estrays," repealed 138
17. Hogs, sheep, neat cattle or goats, shall be appraized at the place taken up 465
18. Certificate of appraizement to contain an accurate description of the colour,
size, age, brands and marks of said estray 465
19. Magistrate sh.all enter the certificate at large in his toll-book 465
20. Duplicate of the certificate shall be sent to the Clerk of the Court of the Dis-
trict, except for Charleston and Beaufort, who shall enter it at large, in a book
kept for the purpose, subject to the examination of any person 465
21. Clerk's fees for making such entries 465
22. Notices to be put up in three different places in the district 465
23. But in case of horses, asses and mules, besides the above notice, it shall be
advertized in the Gazette nearest the place where taken up 465
24. Fee to printer for same 466
7G6 INDEX.
ESTRAYS, (continued.)
25. Corapensalion to JMagistrales and Constables 466
26. Eatrays may be put to moderate labour, ae a compensation lor keeping the
same ^'-"
27. Penally for not pursuing the directions of lliia Act 466
EVIDENCE,
1. Judges may empower Commissioners to examine witnesses without the lim-
its of the State, or persons who cannot attend Court by reason of such sick-
ness or infirmity as totally incapacitates such witness from traveling in order
to appear in Court 45
2. Such sickness, &c., to be proved before ihe Judge, by a certificate of some
disinterested, reputable person 45
3. Ten days notice to be given to the opposite party 45
4. No foreign testimonial, probate, certificate, or other instrument under the seal
of any foreign Court of law, notary, or other magistrate, or person qualified to
give the same, shall be received in evidence in the Courts of this Stale, unless
it sliail appear that the Courts of such foreign Slate receive in evidence similar
certificates, &,c., from this State 45
5. Witness is obliged to attend and give evidence on Commission from other
States 248
6. Judge shall order subpoena to be issued * 248
7. To be served two days before attendance required 248
8. Allowed 4s. and 8d. for every day of necessary absence from home, and his
ferriages 249
9. To be paid by parly obtaining Commission 249
10. Commissioners not to givo up Commission till it is paid 248
11. Penalty for neglecting to obey subpoena, or refusing to answer 249
12. Commissioners not to commit, but must be done by Superior Court, on appli-
cation to that effect 249
J3. Where Commission is issued in this State to examine a witness here, the
Court issuing the Commission may also issue a subpoena, to be served in the
same way. The witness to hcve same pay and liable to the same penalties as
in case of a Commission from abroad 249
14. Where the witness is unable to leave home by reason of age, infirmity or sick-
ness, then he may be attended by the Commissioners 249
15. Witness not compelled to go more than fifteen miles , 248
16. Justices of the Peace, in cases before them, may summon witnesses 250
17 Not compelled to go more than twenty miles from home 250
18. Must be served 3 days 250
19. Witness refusing to attend or to give evidence, may be punished, on applica-
tion to the Circuit Court, as in cases of Commission, besides liable to damages
to the party 250
20. The irregular proceedings of the late County Courts vaUd in law, and a tran-
script of their minutes may be given in evidence in Courts of Law or Equity. 381
21. Such transcript to be certified under the hand and sworn to by the person hav-
ing them in charge since the abolition of the Courts 381
22. Copies of entries from the Treasury books, certified by the Comptroller, to
be as good evidence in the Courts as the original books 411
23. The signature to a bond or note may be proved by others than the subscribing
witness, unless the defendant will swear that it is not his signature, or if he be
an Executor or Administrator, that it is not thai of his testator or intestate 435
24. Office copies of grants of this State or North Carolina, may be given in evi-
dence, provided the person offering to produce the oflice copy, swear that the
original ia lost, destroyed, or out of his power to produce, and that he has not
destroyed, mislaid, or in any way willingly, previous to that time, put it out
of his power to pioduce, with an intention to produce an office copy 459
25. Prisoner may be brought into Court lo give his evidence, by order of the
Court, without a haheax corpus, and after his evidence has been taken, shall be
remand<^d lo the ruitody of the officer having him in keeping 571
INDEX. 767
EXECUTIONS,
1. Sales under execution, suspended for twenty days. All soles mode during the
twenty days, void. A temporary Act !
EXECUTORS AND ADMINISTRATORS,
1. Where Testator directs by his will, lands to be sold, without appointing any
one to sell ibem, the Executors, or a majority of such as qualify, may sell and
convey 15
2. In case the Executor or Executors die, or renounce according to law, then
the Administrator or Administrators, with the will annexed, shall sell as direct-
ed by the will 13
3. Where no Executor is left in a will, or the Executor refuses to qualify, letters
of Administration shall be granted, with the will annexed, to such person as
would be entitled in case of intesta<y 107
4. Where any will shall be proved, or letiersof Administration applied for, Ex-
ecutors or Administrators shall make out an inventory of the personal estate,
the Ordinary shall appoint three or more freeholders, who shall appraise the
same on oath, which shall be returned to the Ordinary in such time as he shall
limit 108
ft- If goods lie in several Districts, the Court having jurisdiction shall order the
appraisement and appoint the appraisers in each District, which shall be trans-
mitted to the Court where the will was recorded, or Administration granted. . . . 108
6. Every a}>praiseraent so made, may be given in evidence against the Execu-
tor or Administrator, but shall not be conclusive 108
7 Fees of Appraisers 108
8. Where Executor or Administrator die intestate, not having fully administered,
the same Court by which former probate or letters were granted, shall determine
the right, and grant letters de bonis non 103
9. Persons dying intestate, and Executors refusing to qualify, who shall then be
entitled to administer 108
10. Copy of probate, or order respecting the administration, shall be given to the
Executor or Administrator, which shall entitle them to maintain actions 109
'_,}. Administrator, or Executor, or their sureties liable for taking insufficient sure-
ties at their sales 109
12. Oaths of the Executor or Administrator, with the will annexed 109
13. Form of their bond 109
14. Oath of Administrator to be taken in open Court 110
15 Form of his bond 110
16. Sureties of Administrator may petition to be discharged, and such order made
as may give relief. Ill
17. Debtor being made Executor, does not release or extinguish his debt Ill
18. Order in which debts of Testator or Intestate shall be paid HI
1st. Funeral and other expenses of the last sickness, and charges of probate,
Dr of letters of Administration.
2d. Debts due to the Public.
3d. Judgments, mortgages and executions, the oldest first.
4th. Rent.
5th. Bonds, or other obligations.
6th, and last. Debts due upon open accounts.
19. No preference to be given to creditors in equal degree, where there is a defi-
c ency of assets, except in cases of judgments, mortgages that shall be record-
ed, from the time of recording, and executions lodged in the Sheriffs office, the
oldest to be paid first, and those cases where a creditor may have a lien on
any particular part of the estate Ill
20. Where any person, (not a citizen of this State) has died, or shall die, already
indebted to a citizen of this State, the assets and effects within the same, being
sufficient for the payment of all his debts, shall be liable to discharge the debts
due the citizens of the State, m the same manner as if the same had been liqui-
dated by bond or other speciahy 8G
21. Executors and Admnistrators to give three weeks notice by advertisement
in the State Gazette, oral three places of the most public resort in ihe Parish or
768 INDEX.
EXECUTOU8 AND ADMINISTRATORS, (continued.)
County, for credilors to render their demands, and shall be allowed twelve
months, to a&cerlain the debts due to and from the estate, to be computed from
probate or letters Ill
32. Creditors neglecting to give in their claims in lime prescribed, the Executor
or Administrator not liable to make good the same Ill
23. No anion to be commenced against Executor or Administrator, to recover
debts due, until nine raonlhs after the death of the Testator or Intestate. .. .112
24. Executors and Administrators, annually, to render in their accounts to the first
Court of the County held (or Ordinary,) after the 1st January; return to be
made to the same Court that granted probate, <&c., (tn oath 112
25. It they neglect to make returns as required, not allowed commissions and lia-
ble for damages 112
26. Allowed 50s for every £100 they shall receive or pay away in debts, credits,
legacies or otherwise, and in proportion for lesser sums — provided that in letting
out moneys upon interest, and again receiving it back, they shall not lake or re-
tain more than 20s for every £10, and in the same proportion for larger or les-
ser sums 112
27. Shall not be allowed commissions for retaining any debts or legacy to them-
selves 112
2ti. Commissions lo be divideu between executors or administrators, if they do not
agree, by the Ordinary, in proportion to their respective services 112
2S. If a person not executor or administrator, possesses liimself of the goods of
another, he is liable as executor oi his own wrong, and may be cited before the
Ordinary to make discovery and give account of all the goods, &c. and be made
chargeable and liable in his own wrong as an executor at common law 113
30. The executor or administrator of an executor of his own wrong, shall he lia-
ble and chargeable in the same manner as iheir testator or intestate would have
been if ahve. . 113
FACTORAGE, See Taj:es.
FACULTIES, See Tuj:es.
FAIRFIELD,
1. Dividing line between it and Chester and Richland 317
2 Commissioners appointed to run the Une between it and Kershaw 545
FARR, VV. B.
1. His bond to the lale tax collector of St. Andrews, to he given up by the Comp-
troller to his administrator 426
FAUST'S COLLECTION,
1. Of the laws, sum allowed for printing 594
FEES,
1. Secretary of State's ,...153
2. Masters and Commissioners in Equity 153
3 Register & Commissioners in Equity 153
4. Solicitors's iees in Equity 154
5. Attorney's in the superior Courts of Law 154
6. Attorneys's fees in extraordinary cases 154
7. Defendant's attorney 155
8. Attorneys in the County Courts 155
9. Clerks of the Supreme Courts of Law , ... 155
10. Clerks of the Special Courts of Law 155
11. Attorney General 156
12. Clerk of the Sessions and Peace 156
13. Sheriffs 156
14. Coroner 157
15. Justice of the Peace 157
IG. Constables 158
17. Notary Publics 158
IS. Clergy of every settled church of every denomination 158
19. Surveyor General 158
20. Deputy Surveyor 158
INDEX. 760
FEES, (continued.)
21. Powder Receiver and Inspector 158
22. Clerk of the Senate ami House of Represenlitives 158
23. Commissioners of Location 159
24. Register of Mesne Conveyance 159
25. Ordinary 159
26. County attorney , 159
27. County Court Clerk 159
28. Fees for Letters of Administration granted by iheCounty Court 160
29. Penally on officers taking unlawful fees 160
30. No person to pay fees unless lie has given him a written statement of them . 161
31. Clerks and Sheriffs to collect their own fees, unless plaintiff reside beyond
the limits of th« State, when his agent or attorney shall be answerable for pay-
ment of said fees 161
^t2. All former Acts relating to fees, repealed 161
33. This Act to continue in force four years 161
34. Fee Bill of 1791, re enacted 265
35. Attorneys shall render a true and faithful account, every six months, of all
clerks fees received by them, and pay over the same 265
36. When called upon, shall, once in every six months, shew their dockets, or some
other full and true account of all suits ended, in which cases the clerks may
issue their execution for costs, and the attorneys shall furnish them with their
places of residence 265
37. The fee for recording a plat in a case shall be determined by the Court before
costs are taxed 265
38. Clerks of Charleston to receive one shilling for recording every judgment
mentioned in the Circuit dockets 265
39. All fees which accrue after first execution to be paid in cash 265
40. Clerk allowed one shilling for each execution 266
41. Sheriff, for each prisoner confined and dieted in goal, 37i cents per diem, in
lieu o( all other claims 500
42. How Sheriffs are to charge for advertising, 571
43. Only half costs allowed in Sum. Pro. on contracts not exceeding fifty dollars-
No person liable to pay these costs, unless an account containing all the items
be taxed and certifi'^d by the Clerk 596
44. Penalty for overcharge, fifty dollars— half to party aggrieved, and half to
State 596
FENWICK, MISS,
1. Allowed to bring slaves into the State from Georgia 279
FERRIES,
1 . Huger's Ferry estabUshed 73
2. Certain ferries established .121
3. In John Clement, renewed 224
4. An Act relating to ferries 224
5. Certain ones established 267
6. Ferry established on Pee Dee, near Chatham 288
7. Acts concerning ferries, 296, 315, 329,359, 377, 406, 460, 470, 481, 505, 527, 549
601, 625, 648, 703, 723
FINES, See Recognizances andFines.
1. How to be collected, &c 13
FIRE-HUNTING,
1. Fire hunting at night, prohibited 124
2. Penalty for killing a deer, horse, neat cattle, or other stock, while fire-hunt-
ing 124
3 How to be recovered 124
4. Also liable to action at law 124
5. Punishment of slaves when violating the law 124
6. Penalty for killing Hoes between Ist March and let September 125
7 Penalty for burning the woods 125
8. Slave committing the offrncp, to be tried by ireeholders 125
VOL. v.— 97.
770 INDEX.
FIRE-HUNTING, (ronlinued.)
9. Oath of freeholders 125
10. How summoned 125
1 1 . Captains of Companies to read this ordinance before their Companies once in
eii months 12S
FISH,
1. To have passage up Big Lyncli's Creek 218
2. Penahy for liceping up obstructions 218
3. This a pubhc Act 218
4. Not to be obstructed ascending Chinquepin and Thomson's Creek 278
5. Penally for obstructing 278, 279
6. Not to be obstructed going up Saluda River 383
7. Penalty lor not removing obstructions 509
8. The passage of fish up Broad, Enoree and Catawba Rivers, not to be obstruct-
ed 508
9. Obstructions to be removed 508
IP. How high to be kept open 509
11. Commissioners appointed to superintend slopes and sluices 509
12. Not to be obstructed in their passge up Keowee River, Deep Creek, or Little
River 64S
13. Obstructions declared nuisances, and may be abated by any person 647
14. Passage for fish up Reedy River, provided for 700
15. Penalty for obstructing 700
16. Passage for fish up Little Lynch 'a Creek 7C10
FfSHER, JOHN,
1. Hie confisciteij estate restored to him, and his banishment recalled 184
FITZPATRICK, JOHN,
1, Naturalized 134
FLETCHALL, THOMAS,
1. Part of his estate, not sold by the Commissioners of confiscated e.«itates, ves-
ted in Daniel Comber, for particular purposes 100
FLOUR,
1. Ware-houses for inspection established at Fish-Dam Ford 215
2. Commissioners 215
3. Inspector of bread and flour to be appointed for Charleston, every year 291
4. To be appointed by Commissioners 291
5. Oath of Commissioners 291
6. jVIode of filling vacancy 291
7. Flour to be n^ade merchantable 291
8 Construction of flour casks 291
9. To be branded 291
10. Responsibility of miller and bolter 291
11. Neat weight of casks 292
12. Penalty for short weight 292
13. Bread casks to be packed, &.C., and penalty for false tare 292
14. Invoice of bread for export, to be delivered 292
15. Flour to be inspected, and mode of inspection 292
IC. Merchantable flour distinguished 292
17. Inspector's compensation 292
18. Unmerchantable flour distinguished 292
19. Appeal given from judgment of inspector 293
20. Rales of storage 293
21. Penalty for exporting unmerchantable flour 293
22. Inspector's oath 293
23. Inspector not to deal in flour 294
24. Penalty for altering marks or brands 294
25 Power to remove inspectors 294
26 Flour to be inspected on board vessels, if required 294
27. Inspector may appoint assistants 294
28, Mode of recovering penalties 294
INDEX. 771
FLOUR, (continued.)
29. Commissioners for various places 295
30. Law of force for six years 296
FOREIGN DEBT, See PMU Debt.
1. Funded, by pledge of certain funds and taxes for its payment 1S5
2. Auditor to settle with foreign creditors, and interest allowed on their balan-
ces 13§
3. Treasurers to keep an account of all sums due to foreign creditors, which sums
shall remain transferable stock 136
4. How transfered 13g
5. Certificate of such stock to be given 136
6. Form 136
7. Interest to be paid before principal of the debt 136
8. Dividend, after payment of interest, to be mad" annually on the principal; and
proportionally 136
FORGERY,
1. Of what papers made felony, 397
2. Persons found guilty of uttering forged deeds, &c. also deemed felons 393
FORT JOHNSTON,
1. Its establishment reduced 73
2. Gen. Marion, commander 73
FORTS,
1. Commissioners authorized to erect one on Moss Ishnd, in Port Republic inlet . . 315
2. How land to be appraised 315
3. Forls and batteries to be furnished by the Governor, wilh ordnance 692
FORTUNE-TELLERS,
1. Tax on 711
FR.VUDULENT CONVEV'ANCES, GIFTS, &c.
1. Conveyances, settlements, or gifts by any other ways or means, by a man hav-
ing a wife and lawful children, to a bastard child or children, or to a woman with
whom he lives in adultery, of more than one fourth of his estate, after payment
of debts, declared null and void 271
FREE NEGROES. See Taxes.
FREE SCHOOLS,
1 . A number in each election District in the State, equal to the number of mem-
bers sent to the House fi39
2. Primary elements of learning, reading, writing and arilhmetic, always to be
taught, and such other branches of education as the Commissioners may direct 639
3. Every citizen of the State entitled to send his children or wards to any free
scliool in his District, free from expense of tuition; a preference to be given to poor
orphans and the children of indigent parents, where more children apply than
can be conveniently taught in a scliool 639
4. Three hundred dollars per annum appropriated for eacli school, from the pub-
lic Treasury ,^ ggg
5. Commissioners for each election District, not less than three nor more than
thirteen, to be appointed by the Legislature , 639
6. -To continue in office three years, and until another appointment shall be
"i^'Js 639
7. Powers of the Commissioners ., 639
8. Number of schools may be increased or diminished at the discretion of the
Commissioners 639
9. Commissioners to meet annually on the 4th Monday in January in each
year, and shall annually elect a Chairman and Secretary, and shall meet quar-
terly, on the 4th Mondays of April, July and October, and may fill vacancies in
their Board 639
10. And on the death, resignation or absence from the Slate of the Chairman or
Secretary, shall at the next quarterly meeting, if a majority be present, appoint
a successor q^q
11. The Secretary of each Board shall keep a regular journal, which shall al-
ways be open to the inspection of Uie Legislature 640
772 INDKX.
FKEE SCHOOLS, (coniinucd )
12 H tlie funii is not ciiuugli lu employ u teaihir for llie ymi, llieii he is to be
employed for the greatest time the money will allow- CW
!3. Each Board shall, at its quarterly meeting in October, make a regular return
to the Legielatiire, or to any one the Legislature may direct, of the number of
months ea:;h of their schools have been open the preceding year, of the number
of scholars each quarter, of the sums drawn for each school, &c 640
14. Schools to be designated by number or name, and mode oi drawing on the
Treasury 640
15. Schools may be removed annually 640
16. Public and private funds may be united 640
17. Number of Commissioners in each District 640
18. Appropriation for Free Schools, which has been continued ever since,
.$37,000, annually 738
FRENCH CHURCfl,
1. Authorized to compound with heiis of Isaac Mazyck for legacy left the
Church 81
FRIGATE SOUTH CAROLINA,
1 . The Attorney General directed to file a bill of interpleader to settle the claims
of parties, and of claims upon the State, and to draw warrants on the Treasury
in payment of claims decided against the State 562
FROST, REVD. THOMAS,
1. NaturaUzed, with his descendants, on taking oath of allegiance and abjura-
tion 92
FUNDED DEBT, See PuUic Debt.
1. Of the Stale, to be bought in by the Treasurer of the Lower Division, under
direction of the Comptroller and Standing Committee of the Legislature 395
2. Of the State, to be bought in, with the interest annually received from stock
owned by the State 426, 444, 476, 486, 491, 519, 538, 559
GAILLARD, THEODORE,
1. One of the Judges of the State, allowed to leave the same for a certain time . .695
GAMING,
1. Penalty against gaming, enticing, inveigliling, defrauding and swindling 177
2 Justices of the Peace to cause olfenders to be aoprehended 177
3. Court of Wardens to try all offenders in Charleston 177
4. City Council to regulate how juries are to be chosen for this purpose 178
5. All securities or conveyances, given in any part for gaming consideration,
void 178
6. All mortgages, securities or other conveyances on real property, so given, shall
devolve upon such person or persons as shall have been or may be entitled to
such real estate, in case the said grantor or persons so incumbering them, had
been dead, and as if such incumbrances had been made to them ; and all grants
and conveyances made to defeat this provision, shall be deemed fraudulent and
void 178
7. Additional Act against gaming 432
8. Games not to be played at 432
9 Such as may be played at 433
10. Keepers uf taverns, inns, retail stores, or public places where gaming has
been carried on, how punished 433
11. Penalties 433
12. Keepers of gaming tables to be treated as vagrants 433
13. Justices of the Peace, by warrant, may order such gaming table to be seized,
and publicly burnt or destroyed 433
14. Other Acts not repealed by this 433
GAOLS AND GAOLERS, See Prisoners. Court Houses and Gaols.
\. Commissioners appointed to build certain gaols 236
8. Gaolers to receive and keep prisoners of the United States, in the same manner
as those of the State 379
3 Compensation to be made by United States 379
INDEX. 773
GAOLS AND GAOLERS, (continued.)
4. Prisoners in gaol shall be lurriished by the Siienrt, at the expense of llie State,
with at least two hlankets in winier season 379
5. Gaols of certain Comities ordered to be sold 4fi6, 467
6. The proceeds how to be disposed of. 467
7. Fees for negroes confined and dieted in gaol, 25 cents per diera, and no more. 619
8. Prisoners commilled in Georgetown may be confined in Charleston, Williaras-
burgh, Marion or Horry, nntil the Georgetown new gaol is finished 620
9. The Sheriff of Georgetown may demand the prisoners for trial 620
10. Appropriation for new gaol 620
11. In case of the destruction of the gaol, prisoners to be committed to the nearest
gaol 672
12. Persons admitted to gaol bounds, to remain in the district, within the same
bounds 672
13. Gaolers to live in the gaol 672
14. Of Camden, to be re-built on a lot to be exchanged for 690
15. $5,000 appropriated for re-building 691
GAOL LOT,
1. Penalty for erecting any building, fence or wall of any kind, on the goal lot or
square, or for occupying or using, &c., any such building &c., unless erected
or used by the gaoler for his accommodation 597
2. Six months allowed for removing any heretofore erected 597
GEORGETOWN, See Jurtf and Jurors.
1. A new market place assigned 22
2. No butcher to expose to sale any meat in any other place of said town, or
within a mite 22
3. Under forfeiture of the meat and five pounds, to be collected before the Com-
mssioners 22
4. One half of the forfeiture to the poor and the other to the informer 22
5. Unwholesome meat to be destroyed 22
6. Negroes not allowed to sell (without a ticket enumerating each article,) any
rice, corn, poultry, or other provision (fresh fish excepled) ,22
7. Commissioners to contract for building a market, &c 22
8. Weights and Measures to be of the standards fixed in Charleston 22
9. Forfeiture, if not of that standard 22
10. Commissioners to contract for cleaning streets 22
11. Penalty on persons allowing obstructions to remain in the streets 23
12. The powers of Trustees vested in the Commissioners 23
13. How Commissioners and Clerk to be chosen 23
14. Penalty for opposing, obstructing or insulting the Commissionere in the per-
formance of their duties 23
15. Commissioners may plead the general issue 23
16. Authorized to sell the old market site, to re-build the new market 24
17. Have the power to fix the rates of wharfage and storage in town 24
18. Market place altered 62
19. Commissioners of streets appointed 186
20. Their powers and duties 186,187,
21. This a public Act 187
22. The first deed, mortgage, &c , of personal property, recorded in Georgetown in
the Register's Office, shall have priority 187
23. Additional Commissioners appointed for erecting a Magazine and Labaratory
in or near Georgetown 319
24. Town Council of Georgetown may summon witnesses to give evidence before
them 523
25. Constables to execute such summons 524
26. Persons disobeying summons to be proceeded against, by process from Coun-
cil, in the same manner as a witness in the district Court 524
27. Part of the street to be conveyed for use of the gaol 524
28. Commissioners appointed to run the line between it and Horry 545
774 INDEX.
GEORGETOWN, (continued.)
29. Rates of storing and weighing produce in Georgetown regulated 623
30. Inspection of produce, naval stores, lumber, or any other article (tobacco ex-
cepted) brought to market from the interior, without the consent of the owner,
abolished 623
GERVAIS, .lOHN LEWIS, AND OTHERS,
1. Relief afforded to, in the purchase of certain public property. .. . , 180
GILLET, ELIJAH,
1. A sum of money restored to him on account of his father's estate 716
GINS, See Saw Gins.
GOATS,
1. Penalty for stealing Goats 140
2. Penalty for marking, branding or disfiguring the Goat of another 140
3 Slave not to mark or brand any, but in presence of some white person 140
GORDON, ROGER,
1. His estate allowed further time to pay taxes 347
GORDON, WILLIAM,
1. Authorised to practice law 605
GOUGH, THOMAS,
1. The Secretary of State to give up to him a bond for building and keeping in
order a Bridge over Pon Pon River at Jacksonborough 460
2. Ferry at Jacksonborough vested in him 460
GRANTS, See Evidence — Lands.
GREENVILLE,
1. Line between it and Laurens 220
2. Court House of, to be erected in central situation 230,247
3. Court to be held near it until finished 230
4. Records to be removed as soon as convenient 230
5. Commissioners appointed 231
GREENWOOD, WILLIAM,
1. Relieved from the Act of Confiscation and Banishment IS."*
GUARDIANS,
1. The Judges of the Courts of Common Pleas vested with the power to appoint
guardians to minors in all cases where their rights may be concerned, in cases
of partition of estates real or personal, in that Court 571
GUN BOATS,
1. Three to be fitted out 317
HAMPTON, WADE,
1. Bridges over Congaree and Savannah vested in him 180
HARDING, GEORGE,
1. Naturalized 134
HARRIS, JOHN HARTLEY,
1. Naturahzed 134
HARRIS, ROBERT,
1. His will delivered up from Secretary of State's Office, to Simpson
Harris 141,142
HARRIS, SAMUEL,
1. Indemnified for a slave killed while working on the public roads 482
HAWKERS & PEDLARS,
1. Not to expose to sale any goods, wares, or merchandize, without a license
from the Treasurer, which shall not be tranferable so as to authorize an agent
or deputy to sell 308
2. Shall pay for license $250 per annum, to be collected as heretofore directed 308
3. Penally for selling without license $500, one half to informer 308
4. Two not to sell under same license 308
HENNISEE, MARY,
1. A certain tract of land in St. Pauls, late the property of Philip Gulp, vested
in her 122
f
INDEX. 775
HERIOT, ROBERT,
1. Allowed a certain sum, of the confiscated estate of James Cassels, in trust for
John Cassels 84
HOWARD, SAMUEL, AND OTHERS,
1. Allowed the exclusive piivile^e for 20 years, of towing and warping ships and
loaded boats, by means of other boats impelled by steam, in the river Savannah . . 727
HIGH ROADS AND BRIDGES, See Bridges, Roads.
HOFF, CHRISTINA,
1. The Comptroller to pay her or her legal representatives, as ascertained by a
Court of competent jurisdiction, $1142 85 ^93
HOGS,
1. Penalty for steahng 140
2. Penalty for wilfully marking, branding, or disfiguring the hog of another 140
3. Slave not to brand or mark any, but in presence of some while person 110
HOLM AN, JOHN,
1. An Act to allow him and his slaves to come into and remain in the State 183
HORRY DISTRICT, See Commyborough.
1. Kingston County changed into Horry District 407
2. Time of holding Courts 407
3. Court to be holden at Georgetown until new Court House is built 407
4. Commissioners appointed to fix upon a place for Court House and Jail, and to
contract for the same 407
5. Tlie Court House to be called Conwayborough, and all lots unsold or escheat-
ed, to be sold by the Commissioners, and applied to the Poor of Horry District. .408
6. Five thousand dollars appropriated to build Court House and Jail 408
7. Juries, how to be drawn in Horry District, for the Spring Court of 1803. How
to be i^ummoned 436
8. Cases at Georgetown, where defendant lives in limits of Horry, to be removed
to Horry 436
9. Commissioners appointed to take bond from the Clerk and SberifT of Horry.. 43S
10. Clerk to be register 43B
11. SheriflT to procure jury list ten days before the jury is drawn 43^
12. Criminal prisoners for Horry District to be kept in Georgetown as heretofore,
until Conwayborough gaol be finished 510
HORSE CREEK,
1. Proprietors of Dams, &c , to keep a passage open for rafts 542
2. How a passage may be opened 542
3. The law requiring owners of Dams to keep flood-gates, locks, or other passa-
ges in the Dams, repealed 543
HORSES,
1. Death to persons stealing horses, mares, geldings, colls, fillies, mules, or asses. 139
2. Penahy for wilfully marking, branding or disfiguring 139
3. Slave not to mark or brand any, but in presence of some white person 140
4. Acts of 17th February, 1745, and 26th March, 1781, in relation to horse steal-
ing, repealed 141
HUGER'S FERRY,
1. Established, 73
HANFORD, ENOCH,
I. Admitted to the bar on standing an examination 522
IDIOCY,
1. The powers of the Judges of the Courts of Common Pleas, in cases of idiocy. 571
INDENTS, See Loan Office. Treasurer. Public Debt.
1. Special indents to be issued, and received in payment of tajtes 26,58,59
2. When paid into the Treasury not to be re-issued 26
3. To be signed by one of the Commissioners of the Treasury 26
4. Death to counterfeit, or pass counterfeit Indents, knowingly 28, 59
5. Commissioners of Indents dying or refusing to act, the Governor to fill
vacancy 34
G. To be received in payment of escheated lands 47
7. Special Indents receivable under the Instalment Law 91
776 INDEX.
INDENTS, (conlinued.)
8. Loan to the United States snbscribed in Indents 173
9. Officers receiving Indents required to pay them over to the Treasurer, and
not to exchange them, and shall forfeit his office if he exchange fundable indents
for such as are not fundable 174
10. Treasurers to make returns to the Legislature and Governor of all Indents,
fundable and otherwise 174
11. Indentsnot to be cancelled before September, 1791 174
li. Treasurer ordered to issue Indents in favor of certain accounts against the
Slate 174, 17S
13. The Treasurer ordered to give out new Indents to various persons, upon their
giving security to indemnify the Stale against their subsequent production by
other claimants 405
INDEPENDENT CONC.KEGATION OF BEAUFORT,
I. Allowed to raise a sum of money by Lottery 548
INDIGO SOCIETY OF GEORGETOWN,
I. Authorised to establish a Lottery 223
INFANT, See Limitation of Act inns.
INHERITANCE. See Conveyance.
INLAND NAVIGATION, See Navigation.
INSOLVENT DEBTOR, See Prison Bounds.
1. Persons confined on Mesne Process^ or Execution, (provided the person on
execution has not been in actual confinement above 40 days) may take the
benefit of the '■ Insolvent Debtors Act," although bail may have been put in,
or the defendant has not surrendered himself within 10 days after the arrest.
Or has net prcsenleil a petition within 40 days, or has not been actually confined
3 months, provide'l the other requisitions of the Act are complied with ; and the
justice of the Court whence the process issued, being satisfied that a just and
fair account of his estate has been rendered 79
2. Where Process is from Common Pleas, the schedule and surrender may be
made before 3 nearest .Tustices of the Peace, who shall transmit such schedule
to the Clerk of the Court of Common Pleas, without delay 79
3. Any Prisoner on execution, who shall not give in such schedule, according to
his bond, shall not be longer entitled to the prison rules, but his bond shall be
forfeited and assigned to the plaintiff. 79
4. No prisoner shall be discharged without fully satisfying the action or execution
on which he is confined, if since his confinement, and before he gave security
as aforesaid, he has been seen without the prison walls, or if since his giving
security he has been seen wiihoul ihe prison rules, without legal authority, or
has spent more than 2s and ful a day, or if he is confined on Maihem, wilful or
malicious trespass, or voluntary or permissive waste or damage done to the free-
hold ; or who shall have within 3 months before his confinement, or any time
since, paid or assigned his estate, or any part thereof, to one creditor in prefer-
ence to another, or fraudulently sold, conveyed or assigned his estate to defraud
bis creditors 79, 80
5. Wherever a prisoner shall be accused by the plaintifT or his agent, of fraud,
or of giving an undue preference to one creditor, or of having made a false
relurn, or of having gone without the prison walls, or prison rules, the Judge or
Justice may ilirect a Jury to be impannelled to determine the fact 80
6. Prisoner permitted by Sherilf to go out of bounds or walls of the Jail, as the
case may be, deemed an escape, unless by Habeas Corpus moved for in open
Court SO
7. If Sheriff shall refuse to shew prisoner In plaintiff or his attorney, after one
day's notice to that effect in writing, shall be held an escape 80
8 If person gives in a false schedule it shall be wilful perjury : may be arrested
again, and cannot again have the benefit of Ihe Prison Bounds or Insolvent
Debtors Act 80
9. Upon an escape, plaintifT may proceed to re-take defendant, or against his
surely, and if deficient, against the Sheriff SO
INDEX. m
IN-SOliVENT DEBTOR, (nontinuedO
10. Court of Common Plena to make all rales and orders effectually to carry this
Act into execution 80
11. An Act to alter and amend an Act for the more effectual relief of insolvent
Debtors, passed 11th March, 1786, repealed 80
INSTALMENT LAW,
1. Debts contracted before the 1st January, 17S7^ to be paid in lUfee instal-
ments 3(3
2. No judgment to bind for a greater amount than is payable, provided the debtor
give the security required 36
3. Exceptions to the law — .- 36
4. Interest allowed on judgments and open accounts 37
f*. Creditor may have security for the whole debt to be paid by inatalments, or
debtor denied the benefit of the law. » ». . . ..37
6. Sheriff's fees, in case a levy is made and no sale 37
7. Persons not entitled to the benefit of this law 37
8 Penalty for assaulting, fcc. an officer in executing this Act 37
9. No slave to be brought into this State for three years, except by persons com-
ing here to reside, and then not to be sold for one year 3 *
10. Certain bonds and notes only, to be recoverable by this law S'?
11. Ordinance for recovery of debts, passed 26th March, 1784, repealed 3S
12. Debts contracted before January 1st, 1787, to be paid in five equal instal-
ments 88, 89
13 Interest always to be extinguished before principal 8'J
14. All bonds or notes given since January, 1787, tor debts contracted before that
time, and all such given, payable according to the instalments provided by
other Acis, to be paid according to this SO
15. Sums paid since 23th March, 1787, on account of a debt contracted before 1st
January, 1787, shall be allowed the debtor in payment of any instalment which
shall become due nnder this Act 89
16. Exceptions from the Act 89
17 Security to be given to the creditors 89, 90
18. If security be given, the judgmeut shall only bind the property for the instal-
ment due 90
19. If security be not given, the Sheriff shall sell the property under execution,
for payment of the whole debt, agreeably to the period prescribed by the Act,
and personal security and mortgage of the property shall be taken to secure
compliance with terms of sale 90
20 If indivisible property be sold for cash and credit, according to terms of the
Act, the creditor shall receive from the Sheriff, so much of the bonds as shall
amount to the debt, with personal security and mortgage of the property sold,
if required. Surplus to gn to debtor 90
21. If Judgment be recovered, and before execution, the defendant shall pay the
instalment due, with the costs incurred ; the plaintiff may still have his execu-
tion for each of the other instalments, giving the defendant thirty days previous
notice 90
22. All judgments and open accounts to draw interest since 26th March, 1784, but
not to affect the question of interest between the citizens of this State and the
subjects of His Britanic Majesty, 90
23. Where actions have been commenced since the peace, and no proceeding had
for a year or upwards, the proceedings may be continued by giving the defend-
aru thirty days notice, previous to the sitting of the Court 90
24. Where there has been a levy and no sale, the Sheriff shall have hall" commis-
sions and costs accrued 91
25. Payable in paper medium; specie not to be demanded 91
26. Tax defaulters and defaulting Tax Collectors, not entitled to the benefit of the
Act 91
27. Special indents receivable 91
28. Penalty for opposing Sheriff in execution of this law 91
VOL. v.— 98.
77S INDEX.
INSTALMENT L\W, (com ..iieJ.)
29. No slave lo be brought into ihis State, under penally of forfeiture, before 1st
January, 1793, unless ihey are now in the United Stares, and the property ot
citizens of the United Stales 91
30. All other instalment laws, and laws prohibiting importation of negroes, re
pealed 92
INSURANCE AND INSURANCE COMPANIES, See Corporations. Phcenir Instirajicc Co.
1. Mutual Insurance Company of Charleston, established 302
2. S500 penalty on any person as the agent of any foreign Insurance Company
underwriting any policy 612
3. Repealed 633
4. Any citizen of this State effecting a policy of insurance on property within
this State, with any Insurance Company out of the limits of the United
States, shall forfeit ?1000— half to the Stale, the other to the informer 612
5. Repealed 633
6. Prohibition not to extend 'o Marine Insurance or Mercantile adventures 613
INSURRECTION, See Treason- Slaves.
INTESTATES' ESTATES,
1. Rights of primogeniture aboUshed 162
2. Distribution of real estate.
If Intestate leave widow and one or more children, one-third to widow,
remamder to child or children 162
3. Lineal descendants to represent their parents, and receive their shares
as if alive 162
4. If no child or other lineal descendant but widow, father, or mother, widow
one half, father the other. If he be dead, his half to the mother 162
5. If No lineal descendant, father or mother, but a widow and brothers and
sisters, or brother or sister of the whole blood, widow to have half, and brother
and sister, or brothers and sisters other half: children of a deceased brother
or sister to have their ancestors' share 162
6. If no lineal descendant, father, mother, brother or sister of whole blood,
but a widow and brother or sister of half blood, and a child or children
of a brother or sister of the whole blood, the widow half, and other equally di-
vided between brothers and sisters of the half blood, and the children of the
brothers and sisters of the whole blood. The children of the deceased brother
of the whole blood taking among them a share equal to the brother or sister of
the half blood 162
7. If no brother orsisterof half blood, then one half lo the child or children of de-
ceased brother or sister 162
a. If no child of deceased brother or sister of whole blood, then said half to bro-
thers and sisters of half blood 162
y. If no lineal descendant, father, mother, brother or sister of whole blood,
or their children, or brother or sister of half blood, widow shall take one
half and the lineal ancestor or ancestors, if any, the other moiety 162
10. If no lineal descendant, father, mother, brother or sister of whole
blood, or their cliildren, or brother or sister of the half blood, or lineal ancestor,
then the widow shall take two-thirds, and remainder to next of kin 163
11. If no widow, the provision made for her shall go as the rest of the estate
is directed to be distributed in the respective clauses in which the widow is pro-
vided for 163
12. In reckoning degrees of kindred, the computation shall begin tvith the
Intestate, and be continued up to the common ancestor, and then down to the
person claiming kindred, inclusively, each step inclusively being reckoned as
one degree 163
13. On death of any married woman, her husband shall be entitled to the
same share of her real estate, as is herein given to the widow out of the hus-
band's. And the remainder of her estate shall be distributed among her descend-
dants and relatione in the same manner as is heretofore directed, in case of the
intestacy of a married man 163
INDEX. 779
INTESTATES' ESTATES, (continued.)
14. ]f no husband, tiie provision lierein made for him sliat) go as the rest
ol her estate is directed to be distributed 163
15. In oli cases of intestacy, the personal estate to bu distributed as the
real. .> 163
16. Advancements in life time of parent to a child, tx) be taken as part or in
full, of his share. Value of advancement to be estimated at death of ancestor,
but the improvements of the reid estate, by such child, and the increase of the
personal property, so advanced, shall not be taken into the computation. The
shares to be made equal 163
17. No Ian Is or personal estates, acquired after making the will, shall pass
thereby, unless the will be re-published, but shall be distributed under this
Act 163
18. Death shall sever joint tenancy, and it shall be distributable as a tenan-
cy in common 163
19. Provision made for the widow, to be taken in lieu of dower 163
20. Upon petition to Court of Law or Equity, partition may be made. Mode
of proceeding 163, 164
21. Judges authorized to make all necessary rules to carry the law into
operation 164
22. If no wife, child or lineal descendant, but a father or mother and brothers and
sisters, or brother an<l sister, one or more, to be equally divided between the
father, and if he be dead, the mother and such brothers and sisters living at time
of Intestate's death, share and share alike 305
53. Provided, the issue of a deceased brother or sister shall take the share of their
parent 305
24. A child born after making a will, but before the death of Testator, entitled to
an equal share of all real and personal estate given to the other children, who
shall cx>ntribute proportionably to make up such share 572
25. Personal property acquired after making a will, shall pass thereby 573
26. The Act to the contrary, repealed 573
JACKASSES,
1. Tax on 711
JAMES, JOHN,
1. Relieved from the penalties of I he law for britiging slaves into the State 322
J.AUDON, ELIAS GABRIEL,
1. Proceedings against, stayed 660, 716
2- Further indulgence granted to 693, 733
JEFFREE'S CREEK, See Navigation,
JENKINS, KEVD. EDWARD,
1. Reheved from banishment 185
JOHNSON, JOHN, Jr
1. To substitute his bond for Col. Wm. Thomson's to the loan office, a« well a»
his mortgage, and to have indulgence 731
JOHNSTON, FORT,
1. Its establishment reduced 73
2. Gen Francis Marion, commander 73
JUDGE,
1. Not to leave the State without permission of the Governor 136
2. If he leaves the State without permission, he vacates his office, and the Go-
vernor to fill up the vacancy 126
3. Governor authorized to grant leave of absence in case of sickness 126
JURY AND JURORS, See Coroner.
1. Provision for one at Georgetown, at the next sessions 19
2. Law altered as to summoning and drawing special Juries 282
3. Special Jury trial abolished, except in cases where both parties desire it, then
it may be ordered by the court, after the common docket is finished 305
4. Special Jury to be dmwn under Act of 20th December, 1791 306
."i In Common Pleas only, to take one oath to try all rases 30i
no INDEX,
JI'RY AND JI'RORS, (cominue.) )
6. Clerks of County Courls, and City Council of Clmrleston, finil of the Court
of Wardens, exempt from sitting on Juries 310
7. The drawing of certain Juries in Chester, legalized 380
H. When the Judge is absent at the Circuit Court, the Clerk and Sheriff, in pre-
sence of one Justice of the Peace, may, on the last day of tiie term, draw Juries
for the next term 380
9. The Jury pannel having been consumed by fire, with the Court House, the
Clerk was ordered to summon four Justices of the Peace, (two of the Quorum,)
to appear at the Court, and the Clerk and Sheriff, in their presence, to draw a
lawful number of Jurors from the Jury box, according to law, which Jurors shall
be lawful, &c 403
10. To attend, on penalty 403
11. The Jury drawn for Orangeburgh, legalized 403
12. The officers and clerks of the State Bank, South Carolina Bank, and National
Branch Bank, exempt from serving on Juries 502
13. An Act to legalize the drawing of the Grand Jurors for Charleston; and for
other purposes 594
JITSTICES OF THE PEACE AND QUORUM,
1. Their number increased 246
2. Governor to remove Magistrates convicted of mal-practice in office 287
3. To publish the same by proclamation 287
4. On conviction. Judge to certify the same to the Governor 287
5. Their numbers increased to 18 in each of the Districts of Edgefield, Abbeville,
Greenville, Laurens, Spartanburgh, Union, and Pendleton 33!
fi. To continue in office four years, and thirty days after the Legislature meets.. 352
7. AH appointments made before 20th December, 1798, void 352
8. Those of December, 17'J8, to continue till December, 1802 352
9. Number for each parish or district, and not to exceed that number 352
10. Convicted for mal-practice. how punished 353
11. To qualify within twelve months 353
12. To be appointed by the Legislature, as heretofore 353
13. W^here former Districts were divided, Justices to act where they reside 353
14. Magistrates under 35, not otherwise exempt, to do militia duty 353
15. Their number increased in several of the Districts of the State 478
16. The Treasurers, Clerks of Courts, Ordinaries, Registers of Mesne Convey-
ceF, and Notary Public?, declared Justices of the Quorum, ex officio 479
17. May summon any one before them as a witness in a cause depending before
them. The summons to be signed by them 500
18. All Constables are required to execute all summonses and other precepts,
directed to them by any Justice of the State 500
19. Any person refusing or neglecting to obey any such summons, shall be sub-
ject to the same proceedings, by process from such Justice, as if such person
had refused to give evidence, when required, in any District Court of the State. 500
20. Their number increased in various Districts 528
21. The number increased in various Districts 624
22. The Acta of such Justices as have only qualified before one Justice, legal-
ized , 624
23. Clerks of the Courts and Notary Publics in each District, lo he Justices of the
Quorum, ex-officio except for the trial of small and mean causes 625
24. Their number increased in several of the Districts of the State 673
35. Not exempt from militia duty 673
KEOWEE RIVER, See Navigation.
1. Passage of fish not to be obstructed 647
KEKSHAW,
1, Boundaries established 218, 219
2. Commissioners appointed to run the line between it and Fairfield 545
KERSHAW, JOSEPH,
I. The right of the State to two slaves, late the property of JamcR Carey, under
the confiscation Act, relinquished to the heirs of Joseph Kershaw 439
INDEX. 781
KINGSTON COUNTY, See Hurry Distnct.
KNOTT, JEREMIAH,
1. Confiscation Inw repealed, as to his estate, ami tlie property vested in Elizabeth
Vallotlon, his niece 67, 63
KNIGHT, SAMUEL, See Rice.
LANCASTER,
1. Boundaries estabhshed 218
2. The tract of country lately obtained from North Carolina, to be attached to
this District, and boundaries established 697
3. Citizens of that territory entitled to all ihe rights, and placed on the same foot-
ing as other citizens of Lancaster 697
4. New demarkation of two beats to be made 697
5. Commissioners to run the lines 698
LANDLORD AND TENANT, See Rent.
1. At the end of a written lease, where a demand of possession has been made
in writing and refused, in ten days, two Justices of the Peace, or one of the
Peace and one of the Quorum, may, upon due proof made before them, issue
their warrant in nature of a summons directed to the Sheriff, to summon 12
freeholders within 4 days, and ihe parties to appear before them, the tenant to
shew cause why the lessor should not be put in possession 676
2. The Magistrate and freeholdeis to determine the matter, and to make a re-
cord of their finding, to be final and conclusive 677
3. The Justices shall thereupon issue their warrant, commanding the Sheriff
forthwith to dehver possession of the premises to the landlord, and to levy the
expenses, taxed by the Justices, of the goods and chatties of the lessee or tenant,
or other person in possession aforesaid 677
4. Nothing in this Act to deprive any landlord or lessor of any remedy heretofore
allowed him 677
LANDS, See Western Territory. Catawba Indians, Loan Office.
\. The Surveyor General, Secretary of State, Commissioners of Location, the
Clerks in their offices, not allowed to take up lapsed grants, or run out vacant
lands 39
2. All grants for lands lying within the Unea of former plats or grants, void, unless
to the owners of the former plat or grant 39
3. No grants to be delivered until the purchase money is paid, and all grants are
forfeited if the money be not paid in 6 months 39
4. Persons may carry off uysters and oyster-shells from such lands as have been
surveyed, but not granted 39
5. The Treasurers to be furnished with a list of forfeited grants .39
6. Owners of wharves and low-water lots in Charleston, allowed 6 months to
take out grants for the lands covered by water in f'ont of their lots 39
7. All grants taken out for Sullivan's Island, or Light House Island, or any other
lands whatever, which have been or are now appropriated for any particular
purpose, shall be deemed and held null and void 40
8. Actual and quiet possession of lands lor five years previous to the 4th July,
1776, a good title against any grant obtained since that time 40
9. No grant of land exceeding 1000 acres to be signed during the recess of the
Legislature, or for 40 days after the next meeting and sitting : provided, no one
shall, in the mean time, survey lands to the prejudice of those thus prevented
from obtaining grants 41
10. Grants excepted that do not include an entire tract of land heretofore grant-
ed 41
U. Jonas Beard's grant declared void 74
12. Certain lands and lots in and about Charleston, ordered to be sold 133
13. To be granted, on payment of fees of office 168
14. Former grants, not taken from Secretary of State's office, to be given out up-
on payment of 4s 8d specie or paper medium, for every 100 acres, instead of
$10 168
15. Such grants remaining in the Secretary of State's office, not taken out within
twelve months, to be sold by the Treasurers 168
782 INDEX.
LANDS, (continued.)
16. Governor to appoint Oommissionera of Location, in the different Districts 168
17. No grant to be taken out nnder this Act, or any survey relapsed, before tiic
let April, 1791, but such surveys remaining, may be carried into grants, upon
payment of $1 per hundred acres 169
18. Further time allowed for certain persons to take out grants 207
19. Land office closed for four years, except for grants for five hundred acres 234
20. No one person, during that time, to have more than one grant 234
21. A person who shall knowingly comprehend in a new grant, any lands grant-
ed before, shall be liable to an action of trespass, on the part of any one interest-
ed therein, and on application to a Court and Jury, such grant shall be declared
null and void. Damages and treble costs of suit allowed 234
22. Certain large grants, including other grants, declared void, and the Courts
shallso hold them 235
23. Deputy Surveyors not following instn'ctions, to be prosecuted 235
24. Lands granted to John Sloan, John Monk and William Hill, Jr., for iron
works 235
25. Further lime allowed for taking out certain grants from Secretary of State's
office 235
26. Further time allowed for sale of lands, the grants for which have not been ta-
ken from the Secretary of Stale's office 236
27. Commissioners for each District appointed to report to the Legislature, such
lands as have escheated 236
28. Secretary of Stale to deliver out grants made previous to 1st January, 1792,
on certain conditions, not exceeding 640 acres each 302
29. To deliver a certain grant to Christian Faust 303
30. For lands mortgaged to the State. See Paper Medium. Comptroller.
31. Where grants have passed the proper offices, signed by the Governor, but not
delivered for fault of payment, they are to be sold at public auction 457
31. Short time allowed for party to redeem them 457
32. Grants heretofore made, and not exceeding 610 acres, not to be efTecteil by
grants so retained for want of the payment of the bounty money 457
33. For lands sold by a sheriflT for the State, for which no title has been made
while he remained in office, his successor shall give titles, on condition being
complied with 457
34. Grants for lands good without the great seal, and shall hereafter have the
small seal affixed to them 493
35. Lands ordered to be sold, by which grants have passed the office, but not ta-
ken out, postponed 513, 532, 552
36. The sale of lands within the grants of Thomas Aikin in Orangeburgh, and of
John Milling and Henry Hunter, in Fairfield, suspended altogether 521
37. The sale of lands contained within bounds of several grants exceeding 640
acres, now remaining in the Secretary of State's office, and detained for default
of payment of purchase money, forever suspended 574
38. The Sheriffs to return into the Secretary's office, all the grants of any such
lands in their possession 575
39. Secretary of Slate to keep such grants, and not give thera out 575
40. Taxes on. See Taxes.
LAURENS,
1. Line between it and Greenville, 220
2. Commissioners appointed to run the line between it and Newberry 544
LEECH, JOSEPH,
1. David Aikins, late Sheriff of York, authorized to make title to a tract of
land to Joseph Leech, to bear anterior date 600
LEGARE, THOMAS AND BENJAMIN,
1. Title in a certain tract of land vested in ihem 101
LEGISLATURE,
1. Managers of elections lor members for neglect to make returns at the time
and place the Legislature meets, to pay a penalty of twenty pounds, 2
INDEX. 783
LEGISLATURE, (continued)
2. Persons electeii, to appear at the time and place of meeting, or forfeit 20s
for every day of default 2
3. Cashier of the House to report to Speaker or President the number of days
of absence 2
4. Breach of privilege if he does not report 2
5. President or Speaker shall require him to shew cause why he should not pay
the penalty 2
6. Cashier to collect the penally 2
7. In case of refusal to pay, to be committed for contempt 2
8. Persons who decline by letter, not subject to the penalty 2
9. Persons elected, and neglecting to appear, or declining to serve, by letter, to
be sent for and taken into custody, and shew cause why they should not pay the
penalty 3
10. Same penalties for persons neglecting to attend an adjourned meeting or spe-
cial call 3
11. Cashier failing to do his duty, to be reprimanded 3
12. 22ii section of Act of 1721, for electing members, repealed 3
13. Appoints Commissioners to revise and amend the Federal Constitution, in Con-
vention of the United Slates 4
14 AH elections hereafter lor members of the Legislature, for All Saints and
Prince Frederick, shall be held at the west end of Long Bay, for All
Saints, and at George White's, at Indian Town for Prince Frederick 16
15. Provision for paying members and officers 92
16. Places of election for members from St. James Santee, Christ Church,
Prince Frederick, St. Helena, All Saints and St. (»eorge Dorchester 94, 95
17. No elector to vote at more than one place 9r»
1^*. Managers of election to publish last prohibition.. . . 96
19. Greenville and Pendleton, late in the possession of the Cherokees, allowed
lepreseiitatives in both branches of the Legislature, until altered by law, or by
the Constitution 105
20. Places of election fixed 105
21. Provision to pay members of 123
22. Amount of taxable property in each District ordered to be ascertained for 1789,
to regulate the representation 143
23. Not to appropriate money but by Act 288
24. Nor release any claim by the State nor divest her of any interest but by Act . . 288
25. Pay of the members 353
26. Places for holding elections for members ol the Legislature for Christ Church
Parish, 463
27. For Fairfield, York and Williamsburgh 463
28. Members of the Legislature to receivers per day during their attendance
ongoing to, or returning from the Legislature, at the rate of thirty milesper day .546
29 The increase of pay by resolution thought unconstitutional 546
30. Regulations for taking a correct census of each election district, and for obtain-
ing a correct statement of the taxes in each election district, whereby to adjust
the representation of the different districts 566, 567, 568
31. The representation to, apportioned among the different districts 594
32. The places for holding elections for members ol either branch of the Legisla-
ture to be tiled by joint resolution of both houses 602
33. On an election by the Legislature for Attorney General, Solicitors, Tai-
CoUectors, Ordinaries, Clerks of Court, Registers, Masters and Commissioners
in Equity, Commissioners of Location, and Register of Mesne Conveyances, a
majority of all votes given on such joint ballot, shall be necessary to constitute
an electiot 674
LEXINGTON,
1. Made a Circuit Court District 478
2. When Court to sit 497
3. Jury lists to be made and Juries to be drawn 497
4. Sheriff, Clerk and Coroner to be appointed and commissioned 498
784 INDEX.
LIiX(NGTO\, (continued )
5. Clerk to be Ordinary and Register 49 j
f>. t'lerk to issue venire facias 498
7. Suits dep'^nding where defendant resides in Lexington to be removod from
Orangeburgh to Lexington 493
8. Commissioners appointed to receive bonds from Clerk and Slienff. 498
9. All processes and recognisances removed 498
Id. Dividing line between it and Orangeburgh and St. Matthews 506
11. Division line between it and Orangeburgh district altered 545
LIBRARY OF THE LEGISL.\TL1RE,
1. S-SDO appropriated annually for the purchase of a library, for the use of the
Senate and House T^i^
LICENSES,
1. For retailing, Tavern Keeping, Billiard Tables, &c. See 'Cammissio7icrs of
Roads.
LIEUT. GOVERNOR,
1. And his Secretary, acting as Governor, to receive the Salary 394
LIGHT HOUSE, See U. Stales,
LIGHT HOUSE ISLAND, See U. Slates,
1. Near Charleston, ceded to the U. S 147
LIMITATIONS, STATUTE OF,
1. Suspended in cases of debt, covenant, assumpsit, trover, and detinue until 28th
March, 1791 77
2. Infants allowed .5 years after coming of age to prosecute their right or title to
land; four years after attaining su( h age to prosecute any such personal ac-
tion 77.
3. Certain pcrsoiis allowed till 2(>ih March, 1790, before they shall be barred by the
Statute of limitations in their claim to real estates 10 1
4. Further time given from 2Gth March 1790, to 26th March, 1791 H5
5. Statute of, suspended as to land devised by Thomas Wadsworth 496
LITTLE RIVER,
I. Fish Sluices to be opened through all d.ims in 183
LIVERMAN, MATHIAS,
1. Authorized to erect a bridge over Saltcatcher 80
LOAN, See U. Stales.
LOAN OFFICE, See Paper Medium— Indents.
i Lands mortgaged to the loan office when to be sold 228, 392, 421, 449, 513
2. Mortgaged land bought in on the part of the State to be re-sold. .* 48fi, 513
3. And terms of such sale 514, 532. 533, 552, 584, 585, 609, 629, 655, 683, 706
4. The State to preserve its original lien, until debt and interest is paid 590
5. Land bought in to be conveyed to Bedegood and Mandeville, on certain con-
ditions 589, 590
LOCKHARTS SHOAL,
1. Commissioners appointed to make a portage at 699
LONGCANE CREEK,
1. Fish Sluices to be made in dams across 103
LONGSTREET, WM See Steam Engine-
LOTTEKIES, See Botanic Socie'y of South Carolina. Canal
1. Several established 244
2. .Authorized, the profits to be appropriated to the i>romotion of useful manu-
factures 263
3. William McClure to receive $400 263
4. How to be applied 264
5. One allowed to improve navigation of Savannah River 264
6. Several persons in Greenville authorized to establish a lottery for the purpose
of building a house of worship 601
7 The Episcopal Church of Georgetown authorized to establish one or more. . . .601
8. The second PresbyterianChur:;hofCharWsion, authorized to raise one, to aid
in building their Church 602
9. Certain societies authorized to raise a sum of money by 629
INDEX. 785
LOTTERIES, (continued.)
10. Authorized to e.mble the inhabitants ofSt. James Goose Creek to open a canal
from Black River loChnpel Hridge g-,
11. Theveslryand Members of Trinity Church in Columbia authorized' to raise '
asum of money by lotteiies .-gj
12. The First Presbyterian Church in Columbia allowed to raise the same sum '
in the same way ^^^
LUNACY,
1. The judges of the Courts of Common Pleas vested with all ihe powers of judges
of the Court of Chancery, in cases of idiocy and Lunacy 571
LUXEMBURGH CLAIM,
1. Bahnce to be settled ,,,
2. So much of the Act making appropriations for 1807, as orders the balanceon
this claim to be paid, repealed 503
3. Slock to be issued in favor of W. Wighlman, his administrator, for $28,89450
bearnig 6 per cent, upon his giving a receipt in full to Ihe treasurer, and to record
the same in the Secretary of Slate's office. . ■^00
LYNCH & CLARK'S CREEK,
1. An Ordinance to make thera navigable aa
LYNCH'S CREEK, See Navignliun.
LITTLE LYNCH'S CREEK,
1. Passage for fish lo be kept open -qq
McKELVEY, ROBERT, '
I. Real estate ol James McKelvey vested in him on paying escheators their ei-
P'""=''s J2J
McNINCn, JOHN,
MAGAZINES "'^' '""'^'" ''*' ^"" ''''"" "" "''*'" "'''""' '" '"""' '"' ^'"'' ""'' "'^'^ns 723
1. Commissioners appointed 10 erect one al Georgetown and one at Beaufort. . 271 272
2. Powder receivers for the same to be elected by the legislature ''272
3. Their duties and fees '"' „„
4. Additional Commissioners for erecting one at Georgetown 3I9
MAGISTRATES, See Justices of Ihe Peace aad Quorum.
MANIGAULT, GABRIEL,
I. Allowed to bring a suit against the State to ascertain the value of his lands
taken by the State, for locating the town of Columbia .... «q
MANSLAUGHTER, See Murder.
MAP OF THE STATE,
1. J. Purcel appointed Geographer of the Slate 219
2. Copy right of Map vested in him 9,q
MARION ACAUEMF SOCIETY,
1. Vested with powers of escheators in Marion district for the benefit of the .Ma
noil Academy— their receipts not 10 exceed $2,000 721
2. Property of friendly aliens residing in this State not to be effected by this
Act
MARION, GENERAL FRANCI.S,
''" 721
1. Commander of Fort Johnston, to reside there with 7 men yt 7a
MARITIME FRONTIER, ' *
1. Governor to cause a survey to be made of the same, and in conjunction with
the officer of U S. commanding this Distrct to fii on points for block houses
and other fortificaijons lor protection of the coasting trade 720
2. Governor authorized to build block houses, or establish such a line of military
posts, as m his opinion will protect the maritime frontier 720
3. If United Stales does not provide men, lo call out a sufficient body of militia,
as may be necessary _,»
4. §50,000 appropriated for the above purposes 7.™ 7'ts
MARLBOROUGH ACADEMY, '- , '3»
1. The trustees allowed to raise a sum of money by a lottery... 44O
VOL. v.— 99.
7SG INDEX.
MARRlA(iE SETTI.KMENTS,
I All marriage conlracls, deeds and seltlements, existing in legnl force at the time
ollho Act of 1785, and not reeonled as therein prescribed, after being duly at-
tested and proved, sliall be reciirded or lodged in the Secretary of State's office,
within 18 months after passing of this Act, or else be null and void as to credi*
tors and bona fide purchasers or mortgagees 203
2. All such future conlracts, made after 1st June, 1793, shrill specify, &c., the real
and personal estate thereby intended to be included, &o., or have a schedule
thereto annexed, containmg a description, &c., which shall be signed and execu-
ted, &c. , at the time of the settlement, &c., and subscribed by the same wit-
nesses, and be recorded therewith, and otherwise such contract, &c., shall be
null and void, as aforesaid 204
3. Provided, where a marriage settlement is made previous to marriage, the pro-
perly thereby settled shall not be liable, in default of schedule or want of re-
cording, for any debts contracted by the husband previous to such marriage. . . .204
MASTER IN EQUITY, See Commissioner m Equity.
1. Of Charleston, to deposite official funds in his hands in the Slate Bank, and
not to draw them out but under certain restrictions 52S
2. Penalty for disobedience 527
3. To hold his office for four years, and until another is elected 674
MASTERS OF VESSELS,
1. And others, lodging seamen in gaol, to give bond, &c., to take them away
and pay the expenses 574
MATHEWS, BbUCADE,
1. Allowed to bring certain negroes into the Stale, from the Bahamas 507
MAZyCK, ISAAC,
1. His heirs authorized to pay a sum of money to the French Church, for a lega
ry left it by their father 81
MEMBERS TO CONGRESS, See Cmgress.
MEMBERS OF THE LEGISLATURE, See Legislatiin,
MESTIZOES, See Taxes.
MILITIA,
1. Officers to take a census of all free white persons, and to distinguish all from
sixteen years and upwards 75, 142
2. Penalty for neglect 75, 142
3. An Act to amend " An Act for the regulation of the militia" 193
4. Law regulating 224
5. An additional Act to organize 266
6. Organization thereof 233, 247
7. Time prolonged for taking oath 296
8. Act concerning artillery and cavalry 303
9. An Act in addition to the militia laws 382
10. An Act to enforce the military law, so far as relates to Captains Jacob Dray-
ton and William Reuse 508
11. An Act to amend " An Act concerning the Cavalry and Ariilery" 542
12. Further time allowed militia officers to take the oath rcijuired by the Act of
I'Jth December, 1794 542
13. An Act relating to the seniority of officers 544
14. Persons appearing at muster without arms, to be fined 5r)3
15. Uniform evolutions to bo adopted by the cavalry, and the militia officers to be
perfected in their duty, &c 572
If). An Act to amend and explain the militia laws of this State 596
17. City Guard of Charleston, exempt from raililia duty 673
18. Justices of the Quorum, of the Peace, and Notary Publics, not exempt from
militia duty 673
19. $40,001) appropriated for the militia, il the Governor calls them out 692
20. An Act to alter and amend the militia laws of this State 695
21. $80,000 appropriated for (he militia, if railed out by the Governor 716
22. An Act to prolong ihe lime for certain militia officers lo take the oalh or afllr-
mntion prescribed by law 720
INDEX. 787
MILITIA, (continued.)
23. An Act to divide the State into dve divisions and ten brigades 722
24. An Act lo raise a brigade of State troops 722
MILLER AND WHITNEY,
I. Appropriation for purchasing the patent for Whitney's Cotton Gin 427
2- Appropriation in their favour suspended until disputes between Ihem and the
State be settled 472
MILLING, HUGH,
1. A tract of lanii granted to Sarah Gordon, vested in Hugh MilUng 644
2. Proceedings aj^ainst, suspended on certain conditions 6tJ0
MILLS. REV. THOMAS,
1. Naturalized, with his descondants, on taking the oath of abjuration and alle-
giance y2
MONEY AT INTEREST, See Taxes.
MOORE, J.
1. Tax Collector of Edgefield, to give new bond and sureties, and the old bond
and surety released, on the Comptroller being satisfied that he has accounted for
all funds received during its existence 556
MORTGAGES,
L Further time given for recording of certain mortgages of lami, and places of
recording 123
2. The Court of Common Pieaa may, upon judgment being recovered upon the
bond, note ordebt, secured by mortgage upon real estate, where ajudgmenlhas
been obtained subsequent to the property being mortgaged, and prior to the
judgment in the action hereby allowed, order the sale of the mortgaged proper-
ly, to satisfy (he mortgage 16'J
3. The Court may give a reasonable extension of the lime when the sale is to
take place, not exceeding six months from the judgment, and also a rea-
sonable credit, so as nut to exceed twelve months ; and the mortgagor shall be
forever barred of his equity of redemption 169, 170
4. Any time before the sale, the mortgagor may tender to or pay lo the plaintiflT,
&c., the debt, interest and costs, and the plaintiff" shall enter satisfaction 170
5. The mortgagor the owner of the land, and entitled to possession, and the
mortgagee can maintain no possessory action for the same. This act not to ex-
tend to any action pending, or to any case " where the mortgagor shall be out of
possession," or to contravene "an Ordinance to encourage foreigners to lend mo-
ney on mortgages of real estate in this State" 170
6. Where two mortgages, the debt shall be paid in the order of time in which
they are recorded, agreeable to law 170
7. Release of the equity of redemption, vests the legal estate in the mortgagee.. .311
MULATTOES, See Taxes.
MUNITIONS OF WAR,
1. The Governor required to purchase muskets, powder and lead 327, 562, 563
2. Appropriations for 738
MURDER,
1. Proceedings for murder, manslaughter or homecide, where the wound has
been inflicted in one district and the death occurs in another, shall be main-
tained in the district where the death occurs .231
NAME,
1. Persona enabled, by petition to the Courts of law or equity, to change their
names 718
2. Mode of proceeding in Court and at the Secretary of Slate's office 719
3. For certificate of Secretary of State, a fee of $5. 719
4- Must sue and be sued in his new name 719
5. Where suit is pending, record may be amended on motion, and the old name
expunged, and the new one inserted 719
6. Where obhgations exist, to have the same eflfect on his heirs, executors, ad-
rainistrators, &c., as if his name had not been changed 7VJ
7S8 INDEX.
NATURALIZATION, See Alan, Richard Ckampwn. Willuim Nixon. Thonms Frost.
Thomas Mills.
NAVIGATION. See Catawba River.
1. Opened and improved of Great Pec Dee, Wateree, Congaree, Broad, Savan-
nah, Keowee, Tugaloo, and Black Rivers, and of Lynch, Black, Jeffries and
Catfish Creeks 17?
2. No duties on gooils brought from North Carolina, down the Catawba, nor
otiier tolls than such as citizens of this Slate pay 262
3. Lottery allowed to improve that of Savannah River 264
4. Of Ashepoo, &c 266
5. Of Pine Creek 245
6. Ashepoo and Round O Swamp 247
7. Little Pee Dee to be made navigable 285
8. Commissioners tor that purpose 285
9. Male inhabitants within 10 miles, to work on said River 285
10. Penalty tbrneglect 285
11. The exclusive right of navigating Pine Tree Creek, granted to certain per-
sons 286
12. Toll granted 286
13. Four Holes Creek to be made navigable 289
14. Penalty on obstructing the navigation 289
15. Acts vesting exclusive privilege in certain persons to navigate Pine Tree
Creek, repealed, and a new company formed 31?, 313, 314
16. Of Lynch's Creek 319
17. Commissioners appointed to clear out Lower Three Runs 321
18. Also to clear out Waccamaw 322
19. Commissioners to open navigation of Saluda River 322
20. To make locks, and open new roads c23
21. Navigation not to be obstructed 323
22. May raise money by subscription or lottery 323
23. Those residing within three miles on each side, to work 323
24. Navigation free 323
25. Commissioners appointed for clearing Saluda River 378
26. Vacancies, how filled 378
27. Seven a quorum 378
28. The 1st clause of the Act of 16th December, 1797, repealed 3*8
29. An Act to open the navigation of certain Rivers, &.c., and for cutting a canal
across North Island 50*2
30. A Company established for the Inland Navigation from Sampit into Santee, and
from Santee into Cooper River 605
31. Commissioners for opening and improving the navigation of Broad and Paco-
let Rivers, authorized to remove every fish dam or trap which shall in any way
impede, injure or obstruct the navigation 726
32. All persons bound by law to work on these two rivers, exempted from work-
ing on the roads, while they continue to work on these two rivers 726
33. Thomas Voung and John Holraan, authorized to erect a mill dam on South
Edisto, provided they keep open such slopes or locks as will be sufficient for
passage of boats and rafts navigating the same 726
34. Failing to keep open the river for passage of boats or rafts, for 24 hours,
they loose this privilege 726
35. Exclusive privilege granted to Samuel Howard and his associates, for twenty
years, for towing and warping ships and loaded boats, by means of other boats
impelled by steam, in the River Savannah 727
NEGROES, See Taxes.
1. Importation prohibited for a certain lime 284
NEWBERRY,
1. Commisyioners appointed to run the line between Newberry and Laurens 544
NEWBERRY ACADEMY,
I. Trustees of the Newberry Academy, allowed to raiss a sum of money by
lottery. 548
INDEX. 759
NJXON, HUGH A.
1. Naturalized, with his descendants 15
NORTH CAROLINA,
1. A provisional agreement between North and South Carolina, relative to their
boundary line, confirmed 697
NOTARY PUBLIC,
1. Justice of the Quorum, in all cases, ex-offisio, but for the trial of small and
mean cases 479_ 625
2. Not exempt from militia duty 673
NOTICES,
1- All notices of the Court for Charleston, published in the State Gazette, legal
notice, provided, published three times a week 2
OATH OF OFFICE,
1. Any two Justices of the Peace, one being of the Quorum, may administer to
any person the oath of office required by law 381
OFFICERS,
1. Certain officers to go out of office on 1st December, 1816 675
2. To hold office afterwards, for four years 675
ORANGE,
1. Boundary between it and Winton 586
2. Dividing line between it and St. Mathews 506
ORANGEBURGH,
1. Jurors drawn at Orangeburgh, declared lawful 499
2. Divisien line between it and Lexington, altered 545
3. The Clerk of the Court, Ordinary, and Register of 3Iesne Conveyances, for
Orangeburgh, to deliver over to the Clerk, Ordinary and Registerof Barnwell,
all such records and papers relating to their offices, and which have heretofore
been transferred from the old County Court of Winton. The Slate to pay all
reasonable expenses 726
ORDE, MARGARET,
1. Restored to such part of her estate, confiscated by the Confiscation Act, as was
not actually sold by the Commissioners, or to negroes not given as bounty to the
military 19, 20
ORDINARIES, See Wills. Executor!: and Administrators.
1. To keep their offices open from 9 to 3 o'clock P M 161
2. Sundays, Christmas and 4th July, excepted 161
3. Justices of the Quorum, ex-officio 479
4. Persons in possession of papers of the late County Courts, relating to the bu-
siness of the Court of Ordinary, to deliver them over to the Ordinary of the
District 482
5. Ordinaries of Pendleton, Greenville, Laurens, Spartanburgh, Newberry and
Lancaster, to attend their offices at the Court House, on the 1st Monday in eve-
ry month, from 10 in the morning to 4 in the evening 482
6. Penalty for neglect, S20 4g2
7. Forbidden to take fees for advice, in any shape 646
8. To take for his services, as Ordinary, only the fees allowed by Act of Assem-
bly 646
9. Not allowed to practice law in his own name, or the name of another 646
10. Ordinary of Charleston, when to attend in his office 646
11. To make search and furnish copies, at the rate of nine cents per copy sheet,
and twenty-five cents for every certificate he shall give 646
12. To hold their offices for four years, and until another be elected 674
13. Before entering upon the duties of his office, to enter into bond, with two or
more good sureties 675
14. Amount of the bond for different Districts u^ 675
ORPHAN HOUSE, See Charleston.
OWENS, WILLIAM,
1. To take the name of William Millard 65)
PACOLET RIVER, See Inland Navigation.
1. An Act for opening navigation of. 81
790 INDEX.
1>APEU MEDIUM, See Loan OJjirt.
I. The interest on the paper medium, after deducting expenses of Loan Office,
appropriated to the payment of tlte foreign del)t 65
^. iVIanner of collecting debts of borrowers of paper medium, from Loan Of-
fice IGfi
3- To be done by instalments 166
4. The paper medium to be (iestroyed when paid in 1G6
5. Commissioners authorized to buy in property for the State, where it ia going so
considerably below its value as will materially injure the State 167
6. Paper medium to be burnt when redeemed 167
7. The Uth clause of An Act to regulate the payment and recovery of debts,
and to prohibit the importation of negroes for the time therein limited, passed
4th November, 1788, giving an option to purchasers at Sheriffs' or other officers'
sales, to make payments in paper medium, or in gold and silver, repealed 167
8. Paper bills to be received by the Stale until called in and sunk 167
9. Public faith pledged to make good any deficiency arising from the failure of
any borrowers of the paper medium 167
10. Commissioners to cease to act after 1st June, 1791, and shall deliver over all
their hooks, papers and paper medium to the Treasurer in Charleston, and ren-
der an account of their doings to the Legislature 167
11. All powers, authorites and duties vested in Commissioners, transferred to the
Treasurer in Charleston, after 1st June, 1791 167
12. The money for the interest on, not to be burned, but applied to the extin-
guishment of the foreign debt 193
13. Further time allowed to pay the same 205
14. Sales to he enforced 205
15. Lands mortgaged to the State, to be sold 206
16. Interest on, appropriated 210, 228, 253, 298, 342
17. To be received in payment of taxes 276
18. Time given for payment of, 228, 253, 275, 299, 343, 374, 390, 422, 443, 485, 513,
532, 551, 584, 608, 628, 654, 683, 705.
19. Lands to be sold for default 228, 392, 421, 449
20. Calling in and sinking 229
21. Interest of, appropriated 326
22. When to be paid 327
23. No Banking allowed on paper medium 374,391, 423
24. Mutilated bills to be burnt 422, 443
25. Lands mortgaged to Loan Office, how to bo sold 425
26. All the paper medium in the Treasury, to be burnt 444, 491
27. Lands bought in by the State, to be re-sold 449
28. Lands mortgaged for paper medium, and bought in by the Treasurers, to be
re-sold 456
29. Time of payment of paper medium 472
30. To be burnt 519, 538 559, 593, 615 636, 662, 690, 714, 736
PATENT Rir.HT, See Rice.
PATROL, See Slaves.
1. An Act to enforce the more punctual performance of patrol duty 462
PEE DEE, See Navigation.
PENDLETON,
1. The Pendleton Circulating Library Society authorized to alter the Western
boundary line of the public square in that village 701
PENDLETON CIRCULATING LIBRARY,
1. Commissioners for purchasing books with funds from the Commissioners of
Pendleton County, foi a Circulating Library. To fill their own vacancies 578
PENDARVIS, JOSIAH,
1. Allowed to change his name, and that of his issue, from Pendarvis to Bodon..437
PERONNEAU, HENRY,
1, His estate exonerated and discharged from an amercement laid on him by the
Confiscation Act 04
INDEX. 791
PEST HOUSE,
1. Commissioners to erect in Port Republic harbor, on Moss lalnnd. The land
to be appraised 315
2. One to he erected on James Island 350
PHOENIX INSURANCE COMPANY,
1. Agent of this Company in Charleston to pay a tai of $12 50 per cent on all
premiums or income received by them for insurance in this State 711
2. By first of February in each year to make a return to the Tax Collector of
Charleston of all property insured by him for the year preceding the 1st of Oc-
tober, 711
3. This return to state particularly tlie insured property the preceding year, and
the premiums received 711
4 If the agent makes no such return the Tax Collector may issue his execution
for double the sum he thinks the company ought to pay 711
5. Sheriff to levy on properly of the agent, if none of the company is to be
found, and upon return of nulla bona, a ca. sa. may be taken out against the
n?ent, 711
6. Agent authorized to retain of premiums received the amount of this tax 711
7. Prohibited from underwriting, and all policies made by them declared null and
void, and the agent shall be liable to a penahy of $10,000 for every policy by
him effected in this State 733
PHILIPS, RALPH SPENCE.
1. Proceeds of Major Ralph Philips's property confiscated, restored to Ralph
Spence Philips, his son 4I5
PICKENSVILLE,
1. Named, 210
PILOT, See Quarantine.
PINCKNEYVILLE,
1. Named, 210
2. Commissioners appointed to appraise the public land in Pinckneyville enclosed
by D. McMahon, J. C. Taylor and Amos Davis, and to make them titles for the
same, upon their paying into the Treasury the amount of appraisement 710
3. Improvements not to be included in appraisement 710
4. If they refuse to take the lands, the Sheriff of Union to sell them and make
titles to the purchasers, and deposite the money in the Treasury 711
PIRACY AND FELONIES ON THE HIGH SEAS,
1. Courts for trial of 67
PLACE OF WORSHIP,
1. Spirituous liquors not to be sold or disposed of within one mile of any place of
worship, on the day or days of worship ; but not to affect persons licensed to
retail at their own houses 599 gOO
PLAY'S,
1. Tax on 7II
POLLOCK, JOHN, Jr.
1. Pension allowed him by Act of 1800, repealed 593
POOR,
1. Poor tax to be returned by Collectors to Commissioners of the poor, as they
make returns to the Treasurers 4g8
2. Treasurer of Town Coun2il of Charleston to account annually on oath to
Comptroller for funds appropriated for transient poor of Charleston 488
POOR TAX,
1. To be returned by Tax Collectors to Commissioners of the poor 515, 533, 553
586, 610, 630, 655, 684, 707.
2. Transient poor fund of Charleston to be accounted for annually to Comptrol-
ler 515, 534, 553, 586, 610, 630,656, 684, 707
PORCHER, PHILIP,
I . Allowed to discount the amount of his amercement on the general indent given
to him for monies lent by him to the Stale 63
702 INDEX.
PORCHER, PETER,
1. His heirs ami devisees compensated for certain properly 363
PORT ROYAL CAUSEWAY,
1. An Act concerning 19
POSTELL, JAMES,
I Relieved from his purcliase under the Confiscation Act, on payment for use of
the land 201
2. Same ordered to be re-sold 201
PRESIDENT IT. S. See Electors.
PRESBYTERIAN CHURCH,
1. St. Andrews, incorporated 69^
2. The first Presbyterian Church, Columbia, authorized to raise a sum of money
by Lottery 725
PRIVILEGE, See Cmivenfion of (he Slate.
I. Members of ihe Convention of 1790, at Cohimhia.and all persons entitled to
vote for Ihem, to have the same privileges as the electors and members of the
Legislature 127
PRINCE GEORGE PARISH,
1. Its boundaries established 179
2. Assessed to pay the heirs of T. Lynch the amount due on a contract made
with him by the Commissioners of the Roads , 194
PRISONERS,
1. Maybe brought into Court as witnesses, by order of the Judge, without a
Habeas Corpus r>71
2. ("oramilted in Georgetown, may, until the new goal is finished, be confined in
the gaols of Charleston, Willjamsburgh, Marion, or Horry, and the Sheriffs of
those districts shall give up such prisoners to the Sheriflf of Georgetown, to be
tried 620
PRISONS' BOUNDS,
1. Prisoners' Bounds on Mesne Process extended to 350 yards in n direct line
from each side of the prison walls 78
2. To be marked out by Sheriffs in one month 78
3. Security first to be given to the Sheriff, for which he shall answer 78
4. Prisoner under execution in civil cases entitled to the bounds, provided he
shall, in 40 days after being taken, give satisfactory security to the Sheriff {for
whose solvency the Sheriff shall be answerable) that he will not only remain in
the said rules, bounds, or limits, but will also , in 40 days, render to the Clerk of
the Court, a schedule on oath of his whole estate, or of so much as will satisfy
the execution, 78
5. Prisoner on Mesne Process also entitled to render his schedule, &c., and m
both cases the Clerk of the Court, within 10 days after receiving it, shall give
public notice that the prisoner will be liberated, and the property assigned, un-
less satisfactory cause is shown to the contrary before one or more Judges of
the Court where the process originates, or one or more of the Commissioners
of special bail 78
6. If no satisfactory cause be shewn, the Judge or Justice, or Commissioner of
special bail, shall order an assignment of the prisoner's estate to the plaintiff,
subject to all prior incumbrances 79
7- Creditor may take possession, and if necessary, sue in his own name for the
recovery thereof— and the prsoncr discharged from confinement 79
8. If plaintiff shall shew cause for disbelieving the prisoner's oath, or shall desire
further time for information, the Judge, &c. may remand the prisoner and ap-
point another day 79
9. If on second day, plaintiff do not appear, or be unable to prove that prisoner's
oath ought to he disbelieved, the Judge shall discharge the prisoner, after his
making the assignment 79
10. The property in the schedule must he visible, if prisoner has any ; if not,
f^lioses in action must bo mentioned, with names of witnesses thereto ■• .79
INDEX. 793
PRISONS' BOUNDS, (oontimieii.)
11. If properly assigned proves insufficient, any other the prisoner has, or may
acquire afterwards, shall be liable for the debt 7'J
1*2. Persons confined on Mesne Process or Execntiott, (provided the person on exe-
cution has not been in nctunl confinement above 40 days,) may take the benefit
of ihc " Insolvent Debtor's Act," although hail may have bwen put in, or the
defendant has not surrendered himself within 10 days after the arrest, or has
not presented a petition witliin 40 days, or has not been actually confined three
months, provided the other requisitions of the Act are complied With ; atid the
Justice of the Court whence the process issued, being satisfied that a just and
fair account of his estate lias been rendered 79
13. Where process is from Common Pleas, the ecliedule and surrender may be
made before throe nearest Justices of the Peace, who shall transmit su-^h sche-
dule to the Clerk of the Court of Common Pleas, without delay 7'J
14. Any prisoner on execution, who shall not give in such schedule, according to
his bond, shall not be longer entitled to the prison rules, but his bond shall be
forfeited and assigned to the plaintiff. 79
I j. No prisoner shall be discharged without fully satisfying the action or execution
on which he is confined, if since his confinement, and before he gave security,
lie has been seen without the prison walls, or if, since his giving security, he has
been seen without the prison rules, without legal authority^ or has spent more
than 2s and 6d a day, or if he is confined on maihera, willul or malicious tres-
pass, or voluntary or permissive waste, or damage done to the free-hold; or
who shall have, within three months before his confinement, or any lime since,
paiti or assigned his estate, or any part thereof, to one creditor in preference to
another, or fraudulently sold, conveyed or assigned his estnte to defraud his
creditors 79,80
16. Wherever a prisoner shall be accused by the plainiiff, or his agent, of fraud,
or of giving an undue preference to one creditor, or of having made a false re-
turn, or of having gone without the prison walls, or prison rules, the Judge or
Juslire may dire<-t a jury to be empannellcd lo determine the fact 80
17. Prisoner permitted, by Sheriff, to go out of bounds or walls of the gaol, as the
case may be, deemed an escape, uidess by liabias corpus moved for in open
Court 80
18. If Sheriff shall refuse to shew prisoner to plaintiff or his attorney, after one
day's notice in writing, shall be held an escape 80
19. If a prisoner gives in a false schedule, it shall be wilful perjury, may be arrest-
ed again, and cannot again have the benefit of the prison bounds, or insolvent
debtor's Act 80
20. Court of Common Pleas (o make al! rules and orders efTectuolly to carry this
Act into execution 80
21. An Act to alter and amend an Act for the more effectual relief of insolvent
debtors, passeil 11th March, 178f., repealed 80
PROFESSIONS, See Taxes.
PUBLIC ARMS,
1. Distributed '^74, 391
2. Forty thousand dollars appropriated to purchase .375
3 To be distributed 423,448, 45G
PUBLIC ACCOUNTS, See Public Debt.
L Public officers lo render their accounts lo Commissioners 171
2. Commissioners lo be chosen by the Legislature 171
3. Their powers 171, 172
4. Their salaries 173
5. Treasurers to open a new set of books, and lo balance them the Isl October of
every year, and to lay a statement of the same before the Legislature, i>n the
first day of their meeting, annually 173
fi This Act to rontmue for three years 171
7. Furlher lime allowed for selthng. ... 233
8. All lobe hereafter kept indnllars, nenls, Ac '2fti
9. All verdicls to be txpresiied in the same way 262
VOL. v.— 100.
794 [NDEX.
PUBLIC DEBTORS, Sev I'ublir Aceounts.
PUBLIC DEBT, See Public Accounts .
1. The anniialquoto of South CaroUnn, in saiislncuoii of the debt of the Revo-
hition, to the United Stales 12
2. Appropriation to pay foreign debt 59
3. Foreign debt funded, by pledge of certain funds and taxes for its payment. . . .135
4. Auditor to settle with foreign creditors, and interest allowed un their balan-
ces 135
5. Treasurers to keep an account of all sums due to foreign creditors, which sums
shall remain transferable stock 136
6. How transfercd 136
7. Certificate of such stock to be given 136
8. Form 136
9. Interest to he paid before principal of the debt 136
10. Dividends, after payment of interest, to be made annually on the principal and,
proportionably 136
11. Due in France, made redeemable in Amsterdam 195, 196
12. John Splatt Cripps and William Crafts, made agents of llie State, to negotiate
the transfer of the said debts 196
13. Interest due on debt from United Slates, appropriated 239
14. Loan ordered of $1,447,173 239
15. How such loan to be paid 240
16. Case of over stibscription 240
17. .State stock to be issued 240
18. Interest how to be paid 241
19. Punishment for counterfeiting 241
20. Former Act repealed 241
21. Commissioner to fund the debt on the plan of that of the United Stales 242
22. Time of funding indents, extended 268
23. Part of Commodore Gillon's indents to be re-funded 268
24. Terms of funding 268, 269
25. Six per cent funded delit of the Stale to be bought up 269
26. J. L. Gervais, continued as Commissioner of Public Accounts and Loans.. 269, 300
27. The ordinance of 1789, to fund, repealed 393, 394
28. A certain sum fundetl and pledged to satisfy balance of foreign debt 393, 394
29. Unappropriated money placed under superliitendance of Comptroller for same
purpose 394
30. Comptroller to fund the registered debt, and the Treasurer of the lower divi-
sion to give certificates of slock 443
31. Comptroller, if thought proper, to call in and pay off part of the Slate six per
cent 426, 445
32. To exchange Uniteti .Slates six per cent slock for Slate six per cent stock, at
par 588
33. Part of the six per cent debt to be called in by the Com;itroller and Standing
Committee, and paid 472
34. State debt due to M. St'ickheisen to be paid 476,491
35. Funded debt of the .Slate to be bought in by the Treasurer of the lower divi-
air>n, under the direction of the Comptroller and Standing Committee of the Le-
gislature 395
36. The funded debt of the Slate to be purchased, and Commissioners appointed
for that purpose 663
37. The Commissioners to advertise in one or more of the Charleston gazelles the
anihorities vested in them for the purchase of such funded debt of this Slate.. .663
3^. If any holder of public slock of this State refuses to sell the same to the State
at par, ihe CiimpI roller shall lender to such siock holder the amount of his
slock and interest, and in case he refuse to sell or sufferlhc same lo be redeemed
at par, then and in thai rase ihe interest .shall cease from Ihe tender made 663
39. Funded debt of the Slate lo be bought in, with llio interest annually received
from the slock owned by the Stale 426,444,476,486,491,519,538, .5.^.9
40. Registered debt, how to be paid 426
INDEX. 795
PUBLIC DEBT, (continued.)
■11. Comptroller to pay off last registered debt S56 588
42. Money in the Treasury, unappropriated, to be applied I„ the purchase of the
estate debt
43 And i.*- any balance is left unpaid, then to be paid by so "much of'the IramfeV-"^
able stock of the United States, as may be necessary, if it can be obtained in
exchange from the United States for their stock now held by this State 636
44. The Comptroller ordered to carry these provisions into effect. ... ' ' fiffi
PUBLIC OFFICES,
I. Temporary place provided in Charleston, after their destruction bv fire 70
QUARANTINE LAWS,
1. Powers of the Governor, as to Charleston Harbour, vested in the Intendant
and Wardens, in absence of the Governor, and in the Commissioners of the
Streets, in Beaufort and Georgetown „fU
2. Intendant and Wardens authorized to procure'anew placeVoV pVs't'houseon'
bulhvan s Island, and to assess the lota thereon to defray expense of new
3. To dispose of the Lazaretto 28S
4., Title to be the same as Ih.at of other occupants l[.l ...... .[...[[[ 285
5. Governor, at his discretion, may, at expense of the Stale, hire boais and irajl'l'
crafts, and men well armed, to enforce the quarantine laws of this State and
•rmsuch men with the arms of the State ^^Q
6. Quarantine officer, in case of a violation or attempt to viol'a'le quaraniine lawV '
may board by force of arms, any vessel so used, and detain her crew and
passengers
7. Penalty for violatingany quarantine laws not to be less'than one hundred dol"-'
lars nor more than two thousand dollars jno
8. Any pilot who shall brins, or attempt to b.-ing, into any port of'thisSlaterany
vessel, or the whole or any part ol her crew, beyond the place oppointed for
her exarainat.on, without being examined according to law, shall, in addition to
penalty of £100, be deprived of his branch as a pilot 593
9. Vessel restrained under quarantine law, attempting to violate the'.ameVmay
be fired upon and detained by force of orms 598
QUINCE, WILLIAM SARANZO,
1. Allowed to change his name to WiUiam Saranzo Hazel 414
RANTOLE-S BRIDGE,
1. Vested in James H. Ancrum and his heirs, &c. . . . jui
RECOGNIZANCES AND FINES,
1. All to be taken to the Stale , ,,
2. Mustbesigned by every party, acknowledged in presence of a Judge' or Jus-' "
ticeol the Peace, and certified by him ,,
3. Scire facias to issue on such as are forfeited, ordering the paVty'ioVhe'w'cause'
at the next Court of Sessions, why judgment should not be confirmed against
nim **
4. Judgment confirmed if party does not shew good caus'eVoVdefau'llV.'.V. i"
5. Fi. Fa. to issue against estate, real and personal, to satisfy such forfeiture and
costs, and to recover all fines
6. Negroes not to be sold while there remains any oiher personaVproperty'.'.' .' .' "u
7. Ca. Sa. to issue ,f the Sheriff returns that there is no property n
8. Party emilled to benefit of insolvent debtors ' ,3
9. The Sheriff, Justice of the Peace, or Clerk of the Court, after receiving any' '
fine or forfeiture, shall pay the same into the public Treasury, (excepting such
fines and forleitures shall be appropriated for the use of such ™u„ty) in such
manner as shall be directed by a majority of the Judges ,h6re.of. ... ,4
10. 11 Sheriff, his deputy, or th^ Clerk of the Court do, not pay over such money"
received by him, within two calander months, heshaU forfeit treble the amount
ot the sum so detained
"', J,*"? n'"'" "'^"'^ '° ''^ '"''" ' J"" ^"'" '"e"'" -^n'Vy of ail fines'and forfei'tures"'*
that shall come into (heir hands
796 INDEX.
RErO(;NlZANCES AND FINES, (continued.)
12. For any fraud, he sliall forfeit, upon convielicm, treble the amount, and he
thereafter incapable of holding his ofllce 14
13. All fines and forfeitures fur treupaHS or inisdemeanorsordefault of jurors, shall
be subject to the payment of £3 for every session sermon preached at any Dis-
trict Court 14
11. If any recognizance be forfeited from ignorance or unavoidable impediment,
and not from wilful default, the Court of Sessions may, on affidavit stating the
excuse, remit the viliole or part of the forfeiture 14
15. The Act of 26ih March, 1784, for estreating forfeited recognizances, repealed.. 14
KECORDS,
1. To be removed from Charleston to Columbia 103
UEEDY RIV?:R,
1. Pa.ssflge for fish up to Tumbling Shoals 82
2. Passage for fish provided for, and penalty for obstructing 700
REGISTER IN EQUITV,
1. To keep their offices open from 9 to 3 o'clock, P. M 161
2. Sundays, Christmas and 4th July, excepted 161
3. To hold their offices for four years, and until another is elected 674
4. To give bond, before entering upon the duties of his office, for twenty thou-
sand dollars 675
5. Those of Charleston, Georgetown and Beaufort to give the same security as
heretofore 724
6. To give bond with good and sufficient security for ten thousand dollars, to be
approved of by the Commissioners to approve of SherifTs bonds 724
REGISTER OF MESNE CONVEYANCES,
1. Not to leave the State without permission of the Governor, upon forfeiture
of his office 126
3. Governor authorized to fill such vacancy , and to grant leave of absence in
case of sickness only 126
3. To keep his office open from 9 to 3 o'clock, P. M ICI
4 Sundays, Christmas and 4th July, excepted 161
5. All deeds and other writings relative toany future conveyance, sale or mort-
gage of personal property in the District of Georgetown, which shall be first re-
corded in the Register's office of Georgetown, shall have priority in all Courts
of this State 187
6. Justices of the Quorum, ex-officio 479
7. To hold their offices for four years, and until another is elected 674
REGISTERED DEBTS,
1. How to be paid 426
2. Comptroller to pay off last registered debt 556, 588
RELEASE, See Conveyance.
RENT,
1. Writs of Replevin returnable immediately 565
3. Plaintiff to declare within one month from the lodging of the Writ of Reple-
vin in the Sheriff's office, without rule or notice _ 565
3. If the Sheriff fail to make return as aforesaid, the plaintiff to substitute the
same as in case of loss 565
4. If plaintiff does not declare in time aforesaid, defendant may enter up judg-
ment oi non-pros , 565
5. Tenants for continuing in possession for three months after termination oi
their lease, and after demand of possession, shall forfeit double the use of the
premises, recoverable by action of debt, or other legal action, or by distress as
in case of rent reserved 565
6. If tenant givos written notice of his intention to quit, and shall not deliver
possession at the time, he shall pay the landlord double the rent he should other-
wise have had to pay .'ifiS
7. Sureties given to a replevin bond, bound not only for return of the goods dis-
trained, but for the rent, in case the goods are insufficient, or in case the goods
INDEX. 797
RENT, (rontiniied.)
are eloigned, nnd all costs ; and the Sheriff shall take the bond in « siiflicient
amount to cover all such sums 560
8. All laws repugnant to these, repealed 5Cli
REPLEVIN, See Rent.
REPRESENTATION, See Le!;i.-!lalure.
REULUSITIONS, See South Carolina.
RETAILING, See Commissioners of Roads.
1. Penalty of fil'ty dollars to sell or dispose of any spirituous liquors within one
raile of any church, meeting house, or any other place set apart for worship, on
the day or days of worship. But not to affect persons he ensed to retail at their
own houses 560, 599
REVENUE, See Duties.
RICE,
1. Patent granted to Samuel Knight for constructing a machine for heating out
rice 69
2. Model of the saire to be left in the Secretary of Slate's office 70
RICHARDSON, CHARLES,
1. Of Sumter, his name changed to Charles Rich 604
RICHARDSON, JAMES B.
1. Executor of James Sinclair —certificates to issue for certain funded stocks
owned by the testator, and lost 560
RICHLAND,
1. Dividing line between it and Fairfield 317
2. Boundary estubhshed 317
RIGHTS OF THE CITIZEN,
1. No citizen to be committed to gaol for any contempt of Court, while sitting,
until he has been brought before the Court, and there heard by himself or
counsel, or stands mute 642
2. On an affray arising during the sitting of the Court, to the disturbance of the
Court, the parties shall be ordered by the Court to be brought before the Court,
which shall make such order as is consistent with law, justice and good ortier. . .642
RIGHTS OF PRIMOGENITURE,
I, Abolished 1G2
ROADS, See Commissioners of Roads.
1. An Act respecting 67
2. From New River bridge to Tunbridge, and to mouth of Savannah, &c 179
3. An Act for laying out certain roads and establishing certain ferries 179
4. An Act relating to 224
5. One opened from Granby to Hampton's bridge, at A ugusta 264
6. Several opened 267
7. Acts concerning, 296, 315, 329, 359, 377, 406, 470, 481, 505, 527, 543, 549, 601,
625,648,703,723.
8. Commissioners of Roads established for certain districts 336
9. An Act for discontinuing the public road leading over the causeway at and
passing through VViltown, nnd for establishing a road leading over Old Black
Mingo ferry, and for opening the navigation of Black Mingo 648
ROBINS, JOSEPH,
1. The Sheriff of Chester to make him titles for a certain tract of land 699
ROCKY CREEK FERRY,
1. Established 73
ROCKY RIVER,
1. Fish not to be obstructed going up Rocky River 93
ROMAN CATHOLIC CHURCH,
1 . A certain escheated lot of land in Charleston vested in the Pastor and vestry of
said Church ; who are made escheators for this particular purpose 358
RUGELY, HENRY & ROWLAND,
I. The act of confiscation and amercement repealed as to their estates, in favour
of their creditors, except as to so much as had already been sold 141
798 INDEX.
ROSBOROTTGH, JOHN,
1. Certain doubts as lo his title to n certain lot at Chester Court Huuse removed. 504
ST. ANDREW'S,
1. Line to be estabhshed between it and St. Philips, St. James Uoose Creek, and
St. George Dorchester 645
ST. ANDREW'S PRESBYTERIAN CHURCH,
1. Incorporated, 698
ST. GEORGE DORCHESTER,
1. Limits of the Parish 56
2. Vestry and Church Wardens incorporated 98
3. Commissioners appointed to run the line between it and St. James Goose
Creek 366
4. Survey to be returned to the I^egislalure 366
5. 23rd clause of the -4ct 27ih February, 1788, to alter and amend an Act re-
specting the high roads and bridges, relating to boundaries of this Parish, re-
pealed 366
6. Commissioners appointed to run the line between St. George Dorchester and
St. James Goose Creek, and to report to the Legislature, and lodge an accurate
survey of the same in the Secretary of Slate's office, to be recorded 5^*i
7. Line established between it and St. Andrews, and St. James Goose Creek. . . .645
ST. JA.'MES GOOSE CREEK,
1. Commissioners appointed for running the line between this Parish and St.
George Dorchester 366
2. To return survey to Legislature 366
3. Commissioners appointed to run the line between it and St, George Dorches-
ter— and to report to the Legislature, and lodge an accurate survey of the said
line in the Secretary of State's otlice, to be recorded 5G9
4. Line between it and St. Andrews & St. Philips and St. George Dorches-
ter ..645
ST. JOHN'S COLLETON,
1. Places fixed for holding elections for members of the Legislature and for Parish
oflicers 62
2. Commissioners of the roads authorized to erect a small building at the rock
landing, at the voluntary expense of the parishioners, for holding the elec-
tions, 62
ST. MATTHEW'S PARISH, OR LEWISBURGH,
L Laid out, 1788 317
2. Lines laid out 317
3. Surveyor employed, to deposite bis survey in Surveyor General's office, Co-
lumbia 317
4. Commissioners appointed to run the line between it and Orange and Saze-
gotha, 460
5. Survey to be made of the same and recorded m Surveyor General's office,
and original to be left in the Secretary of State's office 461
6. Commissioners appointed with certain powers, to ascertain and run out the
dividing line between it and Orange and Saxegotha 506
ST. PETER'S PARISH,
1. Line between it and St. Luke's established 221
2. Commissioners of roads for — divided into two boards 221
3. Joseph Lawton appointed Commissioner of Roads 221
ST. PHILIP'S,
1. Line to be established between it and St. Andrew's and St. James Goose
Creek 645
SALARIES OF OFFICERS,
1. Reduced, on account of debt of revolution 20
•2. The amount each shall receive 20,61
3. To be paid quarterly 21
4. No officer of either House of the Legislature lo receive any fee, except by
order of the House 21
427
INDEX. 799
SALARIES OF OFFICERS, (continued.)
^' k'^h r,r" ''"''^*"^ ' Pecniary office, above one hundred and fifty pounds,
shall hold any other office of en.olument under this State or the V. State*. . . . . 21
b. Of Arsenal Keepers and Powder Inspectors .«,
7. Of pubhc officers :;:;;;; ^l
^■, .^''llT?'" '^'^^"'"' y<'"« 20, 35. 61, 131, 151, 191, 229. 254, 276, 301, 327
34.. 376, 394, 428, 450, 474, 489, 516, 536, 557, 591, 613, 634, 660, 669, 688, 694 712 734
9. To be paid quarterly 'W411
SALEM COUNTV, ■WJ,4I1
1. Established „
2. Commissioners of public buildings appointed 217
3. Elections how to be conducted in Salem County 217
4. To vote for member of Congress 017
SALUDA RIVER,
1. Fish not to be obstructed going up Saluda River ^1
SAVANNAH LITERARV SOCIETY,
1. Authorised to raise a sum of money by lottery 6"!
SAVANNAH RIVER, See Nuii^ulion. '
SAW GINS,
I. Tax on
SAXEGOTHA,
1. Commissioners appointed to lay off the lots already granted 54I
2. Commissioners to take a release to the Slate of such as would sell their
'"•f; 541
.i. How to be paid for j.,
4. Commissioners to rent such part of the town as is not laid out to proprietors,
to purchase the other lots and to make annual return to the Legislature 541
5. For line between it and St. Matthews and Orange, See *V. Maflhews.
SCHOOI^MASTERS ANU SCHOOL-MISTRESSES,
, 1. Exempt from professional tax C05 532 gSO 703
SCOTT, T. G. ' ....-,,,
1. Tax Collector for Prince Williams, required to give new bond and sureties. . . .557
SECRETARY OF STATE,
1. Not to leave the State, without permission of the Governor, upon forfeiture of
his office loj?
2. Governor authorized to fill vacancy, and to grant leave of absence in case of
sicknessonly ,ne
3. To keep his office open from 9 to 3 o'clock in the afternoon 161
4. Sundays, Christmas and 4ih July excepted ici
SHEEP,
1. Penalty for steaHng ,.„
2. Penalty for wilfully marking, branding, or disfiguring ...140
3. Slave not to mark or brand any, hut in presence of some white person. . 140
SHERIFF AND SHERIFFS SALES, "
1. To give bond to Treasurer of the State in 3 weeks after election, with sureties,
&c, and to be approved of by Commissioners, &c 257
2. Judges not to allow him to enter upon the duties of his office until he has re'-
corded ,n the Clerk's office of the district a certificate from the Commissioners
that such bond has been lodged in the Treasurer's office 258
3. Failing to provide bond, Ac, as required, he vacates the office !...2.58
4. Amount of security to be given in the different districts .258
5. Bonds may be sued on by any person or by the public, upon a copy, which
the treasurer shall give, upon demand, on payment of his fees ; which certified
copy shall be good evidence in all Courts, &r 258
6. Provided no suit be brought against the sureties until a return of nulla bona
against the Shenff, on the execution of some one or the other; provided also
that the surel.es after such return of nulla bona, shall have no imparlance 258
<. Condil.on of the bond shall also declare that the Sheriff has not agreed to
share the profiu with any person, and that he will not directly or indirectly sell
his office or the profits, hut that he will cither resign or continue in the discharge
of the office, by himself or deputies, during th? term. . 208
SOO INDEX.
SHERIFF AND SHKRIFFrf SAI.KS, (rontinued)
8. Commissioners appointed to nj.prove of Sheriff's bonds ... 259
9. If plaintiff eives Sheriff written notice to that effert, he may require ten per
cent to be pnid immedintely ns property is knorUed down to a purchaser, and if
not paid may resell on the spot, the bid of such person not to be received again . .283
10. If purchaser does not comply with his purchase, he forfeits the ten per cent,
which shall be appUed in pnyment of debt, after costs 283
U. Such bidder never to be received again 283
12. Properly shall be put up iifterwards as at his risk, and conditions stated, and
no one shall bid under pretence of bidding for him, but shall be liable in their
own right 283
13. Depoaile to be returned if titles are not made 283
14- All advertisements of Sheriff's sales, shall stale the names of plaiiuiffs and
defendants in the suit on which the property la sold 283
15. Penalty and liabilities of Sheriff for not so advertising 283
16. Sheriff shall pay over lo plaintiff, or his attorney, all monies received for him,
in in days, and if he shall rcluse lo pay over the same within 10 days, he shall
forteit 50 per cent, to be recovered by action of debt 28!
17. Courts authorized to make such rules and regulations necessary to carry this
law into effect 28 J
18. Siteriff of Georgetown to advertise in newspaper 284
19. The Sheriff of Charleston to apply lo all former Sheriffs, for their book'', &c. .. 303
20. Other Sheriffs to do the same 303
21. Upon receiving the books to keep them in his office 30-1
2i Copies of such as are refused to be delivered up, lo be made and kept 304
23. Penalty for refusing lo deliver up books nnd papers 304
'.ii. How to proceed in case hooks have been destroyed 304
25. Expenses to be paid by the Slate 304
26. Real property before sale by Sheriff, under execution or mortgage, to be ad-
vertised 3 weeks — and personal property 15 days 305
27. Adverlisement to be in one or more of the Gazettes in the district, where
(iazeltes are ; where no Gazettes, then notices to he put up at the Court House
door, and two other public places in the district, one in neighborhood of proper-
ty to be sold 30.**
28. To collect tax executions 375, 391, 424. 449
29. Not liable to be served, with a rule toshow cause or to attachment, at any time
after two years from the expinilinn of his office 412
30. The successor of Sheriffs who have made sales of land for the State, hut ex-
ecuted no title while in office, shall make title for the same, if conditions are
complied with, 457
31. Fees, for prisoner confined and dieted in gaol, 37^ cettts per diem in lieu of all
other claims 50il
32. Of Charle>-ton, to doposite all monies officially received, in the State Bank,
and lo state on whose account the money is deposited, and lie shall not draw
said money out of the Bank except by order of Court, or by checks expressing
in tavnr of whom, for whom, and on what account, the monies are drawn, and
except for the purpose ol immediately paying the person entitled lo it 526
33. Penalty for disobedience 527
34. Sheriffs for each Circuit Court district to be elected by the citizens thereof. . . .569
35. Election lo be held on the 2ml Monday and the day following in every year
after, in such of the districts as may have vacancies 569
36. To be conducted in the same manner and by the same managers, and to be
holden at ihe same places, as in elections for members of the Lpgislalure 569
37. 20 diys notice ofeleciioii lo be given by managers, by advertising in Gazette,
if any bo printed in ilip district, and if none, then on the Court House dnornnd
five f>lher public places, within such district 569
38. Managers to meet at Ihe Courl House on Thursday after the election, to count
the votes and declare the election, and shall certify to the Governor who is
elected (unless the election iscimtesled) lo enable him lo commission him, upon
his complying with all requisitions, &,c 561t
INDEX. 801
SHERIFF AND SHERIFFS SALES, (continued )
39 If any person is disposed to contest the election, he mlust, on the day the votes
are counted over and the election declared, signify surh his intention in writing
lo the managers, and the grounds of contest, and the managers shall thereupon
proceed to hear and determine such contested election, upon the grounds so
stated to them 569
40. No manager to sit on such hearing, provided he was a candidate for the of-
fice 509
41. In case such election is not declared void, the managers are to certify to the
Governor who is elected.- «..,.* 569
42. Governor to fill vacancies, to hold under such oppointment until such time
as an election shall lake place according to the provisions of this Act 570
[This clause has been held unconstiiutional, so far as to the term of office,
and in the State vs. McCIintock, 1 McCord Rep. 245, it was decided, that upon
appointment by the Governor, the Sheriff took the office for four years, the con-
stitutional term. AH vacancies are now filled by elections by the people^see
Act of 1827, vol. 6, 338]
43. All laws regulating the election of members of the Legislature to apply to
elections of SheriflT. 570
44. All Sheriffs hereafter elected to enter on the duties of their office on the 2d
Monday in February, ensuing their election; and shall not be commissioned
until he has given bond and sureties. Commissions to be for four years from 2d
Monday of February, aforesaid 570
45. Purchasers at Sheriff sales not compelled to take bills of sale, but if they de-
mand one they shall pay not more than two dollars for the same 571
46. Sheriffs to serve all subpoenas directed to them, and shall receive the same
fees as for serving summary process, and mileage on each ticket 571
47. Sheriffs not to receive more than one dollar for advertising for the first sale
day, or more than fifty cents for advertising the same property any subsequent
sale day, except in Charleston, Richland and Georgetown, anu in Districts the
Court Houses of which are not more than 40 miles from printing offices, in
which case all advertisements must be made in the gazette most contiguous, at
leastonce a week, and to receive the cost of printing such advertisement 571
48. Fee for negroes confined and dieted in gaol, 25 cents per diem, and no more. 019
49. The Sheriffs of the several Districts shall advertise in the Caiolina Gazette, of
Charleston, all negroes in custody, once in every week for three months 619
50. On failure so to adverti.se, he looses all right to demand fee for dieting and de-
tention 619
51 If a Sheriff hires out, or permits any negro in his custody to go without the
walls of the gaol, he shall pay a penalty of not less than one hundred dollars,
nor more than two hundred dollars 619
52. If he does not live in the gaol, to have some one who does 6*3
53. Not necessary for the Sheriffs of Newberry, Laurens, Abbeville, Spartan-
burgh, Greenville, Fairfield, Kershaw, Lexington, or Edgefield, to advertise pro-
perty for sale, in the public gazettes 674
'54. To make complete return to the Comptroller of all tax executions placed in
their hands, in ninety days, and in.case he fails so to do, the Comptroller to
cause him to be debited in the books of the Treasury with the full amount of
his receipt, and he shall not afterwards have credit for any executions, though
returned nulla bona ornon inventus 712, 732
55. How to conduct sales under tax executions 732
56. Where property sold under execution does not brit'g enough to pay the taxes,
the Sheriff to take the body of the defendant, and he need not proceed to the
sale of the property, except incases of intestates 732
SHEWS,
1. Tax on 711
SHOOLBRED, JAMES,
1. And wife, compensated for certain property 233
SILLS, ALEXANDER,
1. His name changed to John Alexander Willey , 721
VOL. v.— 101.
802 INDEX.
SIMPSON, JOHN,
1. Admitted to the rights of citizenship ; but not elegible to the Legislature
until he has been seven years in the State 65
2. Exonerated from a bond given to the late County Treasurer 4H
3. Appointed a Justice of the Peace for Charleston 543
SINKLER, JAMES,
1. Toreieive, from Treasurer in Charleston, new certificates of stock, in place
of others burnt by accident 320
SLAVES, See Treason ami High Misdemeanor.
1- No slave to be imported or brought into this State by land or water, within
three years, except by persons coming here to settle, and who do actually reside
here 38
2. Persons taking up runaway slaves to send them to the gaols of the Districts
where they may be apprehended, or to the work house of Charlesten 64
3. No slave to be brought into this State before 1st January, 1793, under penally
of forfeiture, unless now in the Ignited States, the properly of a citizen of the
I'nitei! Stales 9]
4. Slaves from foreign parts not allowed to be brought into the State for two
years 204
5. Persons also bound to service for two years not to be brought in 204
6. The Act prohibiting their importation fur two years extended 248
7. Law to prevent dealing with , 296
8. The Actio prohibit their iinporlalion for a certain period, revived and extend-
ed 330
9. The prohibition to their importation extended to 1803 377
10. Slaves belonging to a third person, not to be distiained for rent not due by
him 349
11. Further prohibition against their being brought into the Slate 380, 397
12. An Act respecting slaves and patrol duty 380
13. An Act to allow certain persons lo bring certain slaves into this State 416
14. An Act to alter and amend "An Act to prevent negro slaves and persons of
color being brought into this Slate" 433, 463
15. An Act to alter an Act respecting slaves, free negroes, &c., inforcing the
more punctual performance of patrol duty, and to impose certain restrictions on
the emancipation of slaves 462
16. Persons connected with slaves in actual insurrection, &c. &c., to be adjudged
guilty of treason 503
IT. Penalty on publishing indamatory writing or dehvering inflamatory discourse
tending to insurrection, &c 503
j8. How persons accused of above offences are to be proceeded against 530
SMITH, ANDREW AND PAUL,
1. Nnturalized 131
SMITH, JOHN,
1. Allowed by the State, out of the confiscated estate of Basil Cowper, the
amount of a debt for which he was liable as surety for Cowper 1 82
SMITH, PAUL,
1. Pension allowed him by Act of 1800, repealed 593
SOLICITORS OF THE STATE,
1. Besides their salaries, to receive same pay as members for attending the Le-
gislature 356
2. In all cases where the rights of the State are involved, it shall be the duty
of the per.son claiming under the Slate, to call upon the Attorney General
or .*^o!iritor, in their respective Districts, to defend the right of the State ;
on failure of which such record shall not be evidence against the Slate 571
3. To hold their ofTucs for four years and until another be elected 674
4. Re fore entering upon the duties of his office, to give bond and two good
sureties in the sum of S5,000 67.i
5. Of each circuit, to make return to Comptroller, annually, by Ist Monday in
October, of all fines and forfeitures inflicted on his circuit within the preceding
year 588,611, 632,659,687,710
INDEX, 803
SOLICITORS OF THE STATE, (rantinued.)
G. Penalty lor neglect 612, 63i, C59, 687, 710
7. To compel tlie Commissioners of Ronds, Pour, &c., to account to the Clerk,
and tlie Clerk to the Comptroller 658, 686, 709, 733
8. Their official bonds lobe approved of by ihe Comptroller 723
SOMMERVILLE, JAMES,
1 The Trustees ol' Public Schools in J^ncaster, authorized to convey the es-
clieateil estate of James Sommerville, to his illcgitimale daughter, Jane Som-
mervilie 335
SOUTH CAROLINA,
1. Her annual quota to be paid ihe United Stales, in satisfaction of debt of the
Revolution, $96, 183 12
2. Specie requisitions made upon her by C'ongress 26, 27
SOUTH CAROLINA COLLEGE,
1. Trustees appointed 404
2. When to meet, and quorum 404
3. Style and powers of ihe iVesident and Professors 404
4. Trustees to elect all customary and necessary officers, fix iheir salaries, to re-
move them for neglect or misconduct in office, to prescribe the course of studies,
and to frame and enact all such ordinances and by-laws as shall appear to them
necessary, provided not repugnant to the laws of the Slate 404
5. Professors incapable of hohlmg the office of Trustee 404
6 Money appropriated for building the College 405
7. This a public Act 405
8 Squares in Columbia given whereon to erect the College 405
9. Certain bonds given for lol,s in (.'olumbia, to be cancelled, upon the obligor's
conveying the lots to the Trustees of the South Carolina College 437
10. Certain squares to be conveyed by the Commissioners to the Trustees 438
H. Trustees Authorized to close certain streets 438
12. Until the salaries of the Professors commence, the Comptroller to pay over to
the Trustees, towards purchasing a philosophical and mathematical apparatus
and Ubrary, the annual sum appropriated by law for such College 438
13. Trustees meeting, although less than a quorum, may appoint a Chairman and
adjourn from day to day 464
14. At a stated meeting, eleven may appoint a Chairman, and proceed to busmess,
and seven at an occasional meeting 464
15. Two additional squares, circumscribed by Medium, Pendleton, Sumter and
Bull streets, to be conveyed by the Commissioners to the Trustees, or so much
as may be relinquished 46 1
Ifi. May er.clo.se these two squares with the squares lying next lo the southward
thereof, including the streets 464
17. The Acts and proceedings of persons heretofore acting as Trustees of the
College, ratified 494
18. The Common Pleas Judges made Trustees 494
19. Staled meeting changed to 4lh Monday in November 494
20. May confer degrees 494
21. Trustees, not ex-officio, to be elected by joint ballot of the Legislature 494
22. A Professorship of Chemistry established in the College, and the Comptroller
directed to pay over every year the salary of ihe Professorship, to the Trus-
tees B43
23. Students selected from Orphan House, Charleston, allowed to be educated
there 644
24. The slated meetmg of the Board of Trustees lo be held on the Wednesday
next after the 4th Monday in November, in each year 651
25. No vacancy of the Board to be filled but at a stated meeting, or until a slated
meeting 619
26. Faculty lo report the whole of their proceedings against any student who may
be suspended, at their next staled meeting, and the Board may restore such
student 651
SOUTH CAROLINA HOMESPUN COMPANY,
1 Allowed to draw one or more Lotteries 619
804 INDEX.
SOUTH CAROLINA SOCIETY,
1. Authorized to liold real estate of the annual value of £2,000 18a
*2. May bind out children educated at its expense, apprentices to any trade, mys-
tery or profession 183
SPIRITUOUS LIQUORS,
1. Penalty ot fifiy dollars to sell or dispose of any within one mile of any church,
meeting house, or other place set apart for worship, on the day or days of wor-
ship; to be recovered by action of debt on indictment ; the money to be applied
to the use of the poor 599
2. Not to affect persons licensed to retail at their own houses 600
STAGE COACH, See Nathaniel Twining,
STAVE-LANDING CREEK,
1. For opening the navigation , 71
STATE BANK,
1. The Sheriff' of Charleston, Clerk of the Court of Common Pleas and Gene-
neral Sessions, and the Master in Equity, to deposiie all monies officially re-
ceived, in this Bank 526
2. Mode of depositing and drawing 526
STATE DEBT. See Public Debt. Funded Debt. State Loan.
1. To he purchased, and Commissioners appointed for that purpose 663
2. Funded debt of the State to be bought in by the Treasurer of the Lower Di-
vision, under the directions of the Comptroller and Standing Committee of the
Legislature 395
3. The Commissioners to advertise in one or more of the Charleston gazett es, the
authorities vested in them for the purchase of such funded debt of this State.. .663
4. If any holder of Public stock of this Slate refuses to sell the same to the
State at par, the Comptroller shall tender to such stock-holder the amount of his
stock and interest, and in case he refuse to sell or suffer the same to be redeem-
ed at par, then, and in that case, the interest shall cease from the tender made . . 663
STATE-HOUSE,
1. The students of the South Carolina College prohibited from holding their
commencement balls in it, and from dancing therein 725
STATE LOAN,
1. The Comptroller authorized to negotiate a loan, sufficient, in the opinion of
the Governor, to support the State brigade, so it do not exceed five hundred
thousand dollars..., 731
STATE PRINTER,
1. To print the Acts of each year, and have them ready for delivery by 15lh
of February 633, 659,.687, 710
STATE STOCK,
1. Comptroller authorized to exchange United States six per cent stock for six
per cent stock of the State 588
2. Members of Congress to solicit of the United States an exchange with this
State, of their slock of a transferable nature 636
STATUTE OF LIMITATIONS,
1, Further suspended for a time in actions of debt, detinue, covenant and as-
sumpsit, and also for recovery of latids 165
STEAM ENGINE,
I. Exclusive privilege granted to Isaac Briggs and Wm. Longstreet, to a certain
steam engine invented by thein, provided they bring it into use in one year, and
during that time deposite a specification thereof in the Secretary of State's ofjice . . 71
STOCK IN TRADE, See Tare.-,
STRECKHEISEN,
1. Debt due to him by the Slate, to be paid , 476, *91
STUDS,
1. Tax on : 711
SULLIVAN'S ISLAND,
1. City Council of Charleston to lax lots on Sullivan'' Island, to build pest house
on James' Island 3^^
2. Commissioners appointed to lay out streets in 350
3 Fine for keeping gaming tables open on the Sabbath 350
INDEX. 805
SliRVEYOR GENERAL,
1. Not to leave the State, without permission of the Governor, upon forfeiture
of his office I2fi
2. Governor authorized to fiil vacancy, and lo grant leave of absence in case of
sicl^ne.-a only 126
3. To keep his office open from 9 o'clock to 3, P. M 161
4. Sundays, Christmas and 4th July, excepted , 161
SUPPLIES, See Taxes. Indents.
TAXES AND TAX-COLLECTORS,
1. On lands, 24, 57, 129, 149, 188, 208, 225, 250, 273, 297, 324, 340, 369, 386, 418, 441,
47(1, 483, 510, 529, 549, 605, 626, (=52, 680, 703, 728.
2. On slaves, town lots, &c., 25, 53, 130, 150, 189, 209, 226, 251, 274, 297, 325,
340, 370, 387, 419, 442, 47), 481, 511, 530, 550, 582, 606,627, 653,681, 704, 729.
3. Taxes on negroes, and for the payment of foreign debt 135
4. Tax on money at interest 375, 391, 423, 445, 485, 512, 531, 551, 583, 608, 625
5. Tax on money at interest, and who exempted from it, 473, 485, 512, 531, 551, 583,
608, 625, 654, 682, 705, 730.
6. Owner of settled plantation with 30 slaves, who does not reside six months
thereon, or who has no white overseer, to pay a tax of $30, and if over 30 negroes,
th«n .$30 and Si for each slave over 30 55.5, 587
7. Oalh to be taken by those who return more than 30 slaves 555, 588
8. Penalty for refusing lo take such oath 555, 588
9. The law imposinga tax o( $100 on those who have a settled plantation of more
than ten negroes and do not reside thereon or keep an overseer or white man
able to do patrol duty thereon, repealed 555, 588
10. Taxes on free negroes, mulattoea and mestizoes 582, 606, 653, 681, 704, 729
11. On lots and buildings within a city, village or borough 582, 653, 704, 729
12. On stock in trade 582, 653, 704, 729
13. On Factorage employments, faculties and professions, &e. . . .582, 653, 704, 729
14. Property exempt from Taxes 704
15. TaxonStud horses and Jacks 711,731
16. This tax to be paid 1 June every year 731
17. On Plays and Shows 711, 731
18. On Fortune Tellers 711, 731
19 The agent of the Phoenix Insurance Company in Charleston topay a tax of$12
50 per cent on all premiums or income received by them for insurance in this
State 711
20. By first of Feb. in each year to make a return to the Tax Collector of Charles-
ton of all property insured by him for the year preceding the Ist Oct 711
21. This return to state particularly the property insured the preceding year and
the premiums received 711
22. If the agent makes no such return, the Tax Collector may issue his execution
for double the sura he thinks the company ought to pay 711
23. The Sheriff lo levy on property of the agent, if none of the company is lobe
found ; and upon return of nulla bona, a Ca. Sa. may be taken out against the
agent 711
24. Agent authorised to retain of premiums received the amount of this tax 711
25 Civil officers to pay 45 cents per cent on their perquisites of office 712
26. Increased lo 62 1-2 cents 731
II — Returns and Setthinent.
27. Persons to make returns of their property, on oath 29, 51
23. Returns must be made to the collectors or inquirers, for the parish or district
where the person lives for the greatest part of the year 30
29. Ratio fixed in case of improper returns 30, 51
30. Assessors to publish their calculations 30,51
31. Persons over-rated may swear oflf the overplus 30,51
32. This clause repealed, by Act of 21st December, 1799 366
33. Taxes to be paid on all property held on the first day of October, even if sold
on that day 34, 55, 131, 151, 191, 209, 228, 253, 275, 299, 326, 342, 371
SOG INDEX.
TAXES AND TAX COLLECTORS, (coniinned )
Returns and SrtUeinent, (ronlinueJ-)
34. In returns to Tax Coilenor, ihe place where llie property is aitnaled lu be
specified,. 453
35. Penalty for not making returns of money at interest 473, 495, d1'2, 531, 551
6U8, 628, 654, 682, 705, 731.
36. Persons selling taxable properly during the year to make a return thereof, that
Ihe Comptroller may ascertain ilthe tax on it has been paid 516, 535, 554, 597
37. Persons making returns to Tax Cflllectt>rs n»r themselves or others, to state on
oath to the Tax Collector of the District where he usually resides, in what elec-
tion District his properly is situated ; and to describe the quantity and quality
ol all lands and rminber of all negroes so returned in each respective election
District 566, 586
38. Persons refusing <jr neglecting such specific retui ns double taxed 566
c9. Inquirers to give previous notice of their intention to call on the inhabitants
to make returns 29, 50
40. Taxes, when to be paid, and mode of return thereof by collectors 31, 52, 446
41. Property of religious societies and of the South Carolina Society, exempted, 2*26,
251, 274, 298.
42. Masonic Lodges not exempt 276
43 Return of taxes lu be ma'leby Isi March, and paid by Isi April, and paid into
Ihe Treasury by 1st June 3SS, 420, 446
44. Returns to be made by 1st .March, and taxes paid by 1st .>Iay, and collectors
to settle with the Treasurer on the Isl July ensuing 453
45. Oath for Tax Collector to administer to persons making returns, 473, 4i35, 512, 531,
551, 583, 607, 627, 654, 682, 705, 7311.
46. Returns of taxes to be made by Isi ITebrnary, and Tax Collectors of Lower
Division to settle with the Treasurer by 1st June, 486, 513, 532, 552, .\94, 608, 628,
655, 683, 706
47. What proceedings shall be had where the Tax Collector dies before he makes
a return ol ihe taxes received, 60, 61, 131, 150, 190,209,227, 253, 275, 298, 326, 342,
371,338,419, 116.
48 Tax Collectors to take duplicate returns of taxes, and to make duplicate general
returns to the Treasurer 329, 372, 447, 454
49. The same to be enclosed with duplicate of tax returns to the Speaker, sealed,
before annual meeting of the Legislature, to be laid before the Committees 329
50. To be sent 10 Comptroller 372, 389, 421,447,451
51. renallyl'ur neglect 329,348
52. Tax Collectors of Charleston to make monthly returns 346, 373, 390, 448, 455
53. Tax Collector's return to contain a list of properly not returned to him 389, 421, 453
54. Blank returns to be annually supplied the Tax Collectors by the Treasurers.. .454
55. Tax Collector of St. Philip's and St. Michael's shall, on the 1st Mondays of
April, May and June, return on oalh all monies received by him for taxes, and
shall settle up finally for the year on the Isl July 515, 534, 554, 586, 610, 630,
657, 708.
56. All Collectors in the upper division to settle up by Isl July, and all other collec-
tors for lower division to settle on 1st June 515, 534, 554, 586, 610, 630, 657,
085, 708.
57. Tax Collector to lake Sheriff's receipt for all tax executions, whii:h he shall
use in settling with the Treasurer, who shall transmit to the Comptroller certified
copies 410, 424, 4.56
58. How they -shall settle, and Treasurer's duty 515, 534, 554, 586,610,630,657
685, 708,
59. Treasurers on receiving money from Tax Collectors to give 2 reciepts. . . .361, 519.
539, 559, 593, 615, 636, 663, 690, 715, 736.
60. Penalty for not doing so 519, 539, 559, 636,663
61. Tax Collectors to make returns to Treasurers by 1st day of June, and speci-
fying all lands which they or the parties are incapable of attaching lo any dis-
trict 566
INDEX. 807
TAXES AND I'AX ICILLECTORS, (coiilmueil.)
Rttunis and SHtleinettt, tcontiniled.)
62 The Treasurers 10 transmit siicli reliiriis 10 ihe Complraller in 20 days after
receiving them, and to report the names of such Tax Collectors as may fail
to comply with these requisitions, and the Comptroller is required to take such
steps against them as will compel their compliance 566
63. Comptroller to present a correct statement of the taxes of each Histricl annu-
ally to the Legislature, and to furnish collectors with blank returns conformable to
ihis law, and the trensurers >hall require nn oath of each tax Collector, on every
return, of its correctness, and such oath shall he indorsed on the return 567
61. The Coniptroller to make out. fro a returns of Taxe-s. the names of all persons
who shall have made returns of Taxes, logclher with the amount of Taxes paid
by them , and transmit the same to the ('lerk of the Court, for public inspection, 686
709.
65. Tax Collectors to exhibit, in separate columns, the number of acres of l.ind in
their own division, and nitmber of acres elsewhere, for which taxes shall be paid
them: and in the same manner of negroes, and iheamonntol taxes on every
different article paying taxes; and the Treasurers and Comptroller shall pre-
serve these columns in their aggregate of taxes 488, SS-l, 554, 575, 586, 610,
630, 657, 685, 707, 733.
\\\- Poor Tax.
66. Tax Collectors to collect the poor lax 306, 317, 374, 391, 422, 448
67. To he paid at the same time with other taxes 306
68. Liable to same penalties for not collecting 306
69. I\Iust he furnished with assessment one month before time of payment..- 306
70. Where no County Courts, Tax Collector may perform the above duly, and to
have the same powers and commissions, &c 306, 347,419, 445
71. Tax Collectors to return the poor lax to the Commissioners of the poor on 1st
Monday in September, in the same manner as they make returns to the Trea-
surer 488, 5 5, 533, .553, 586, 610, 630, 655,656
72. Tax Collectors to make return of poor taxes to Commissioners of the poor. . . .505,
S33, 543, 586, 610,630.
73. And to pay over to them by 1st Monday in August 632, 658, 686, 709, 733
74. The Tax Collector of St. Helena to pay over to the Commissioners of the poor
for the Island of St. ?Telena and Lady's Island, all the money collected from the
inhahitants of said Island on account of poor rates 633
75 And he shall make a duplicate return to the Comptroller 733
76. Penalty for not doing so 658, 709, 733
TV — Absentees.
77. How Attornies and Trustees of absent persons are made liable for the taxes
assessed on the property of such absentees 34, 55
78. All taxable properly of absentees to be charged with the taxes, and noti<'e
thereof given in the several gazettes of the State, and if not paid in one year,
shall be forfeited and sold at public vendue by the Commissioners of the Trea-
sury, and the proceeds placed in the public Treasury 35, 55, 56
79. Infants and feme-covens allowed two years after coming of age, ordiscover-
ted 35,56, 227
80. Ahseniees double taxed 252, 274, 298, 325, 341, 371, 3.88, 419, 443, 481,
512, 531, 550.
81. Absentees tripled taxed 583, 607, 627, 654. 682, 701, 730
V — CoUection.
82 Penally on concealment 31, 52
83. When deemed a defaulter 31,52
84. Warrants to be issued against defaulters 31, 52
85. Form of Warrant 32, 53
86. Fees of the Constable 32, 53
87. Penalty for not making return or paying tax 32,53
88. How collected 32
89. Taxes to have a prior lien 32, 53, 54
808 INDEX.
TAXES ANU TAX COLLECTORS, (conlinued.)
Collection^ (coulinned )
90, Warrant may issue against any one about to depart the State, between the
time of making his return and the payment of the taxes 33
9L Penalty on officers lor negleect 33, 51
92. Sheriff to collect tax executions 3^5, 392,424, 449
93. Tax executions to be lodged with Sheriff or coroner for collection, who shall
receive the sume fees as on other executions 4n5
94. Sheriffs to make complete return to the Comptroller of all tax executions
placed in their hands, in ninety days, and in case he fail so to do, the Comptrol-
ler to cause him to be debited in the books of the treasury with the full amount of
his receipt, and he shall not afterwards have credit for any executions, though
returned nulla bona, or non inventus 712, 732
9.^. Sales under lax executions how to be conducted 733
96. When property sold under such execution does not bring enough to pay the
ta.tes, the Sheriff is to take the body of the defendant, and he need not pro-
ceed to sale of the properly, except in cases of intestates 732
97. Tax Collectors, in their districts, whenever called upon by the Comptroller,
to issue execution for all arrears of taxes certified by the Comptroller 453
98. Tax Collector in Barnwell lo receive anil collect all the taxes within the limits
of that district 458
99. Inhabitants of Fork of Edi.sto to pay tax to collector of Orange 515, 531, 554,
586, 610.
ion. What to be received in payment of taxes 253, 276, 299, 326, 472, 485
101. Rank paper redeemable at the Bank of United States, in gold and silver, bills
of its branch in Charleston, and of the Bank of South Carolina, receivable for
taxes 362, 372, 388.420,443,473, 485, 512
102. And State Bank notes 531,551,583,607,627
103 Or Planters and Mechanics' B.tnk 654, 682
104. Or Bank of the State 512, 705. 730
105. Tax Collectors to make no discriminations in issuing executions 346, 443
106. Proceedings in case he does 346,373, 390,421, 455
107. Taxes due, to be discounted against any salary or other monies to be received
from the State 346. 373, 390, 422 448, 455
108. Commissioners of the Treasury, or any of them, may issue execution against
defaulting Constables and Collectors, and all persons in arrear for taxes ; and to
prosecute for all penalties under this Act 33, 34, 55
109. Persons acting under this law may give it in evidence under the general is-
sue, and treble costs allowed 34, .56
1 10. Tax Collectors are to enquire lor lands owned by persons out of the State, who
pay no taxes, and if the taxes are not paid, to sell them, 276, 300, 336, 342, 372, 389,
420, 446
111. Christ phurch added to the collection District o( St. Thomas' and St. Dennis'.. 633
VI — Special Indents.
112. Special indents to be issued, and received in payment of taxes 126,301
VII — Collectors and Assessors.
113. Inquirers and Collectors appointeil 28, 61, 190
114. Oath of assessors and collectors 29, 50
115. £5 penally if one executes the office without fir^t taking the oath 29, 50
116. Inquirers, Assessors and Collectors to give bonds, to be approved of by one
or more Justices of the Peace 56
117. Office to be held during good behaviour 56
118. Liable to prosecution fr>r omission or breach of duty 56
119. All penalties to be sued for, half to informer and half to the State 56
120. No member of the Legislature to be Tax Collector 60,131
121. Every Inquirer, .Vssessor or Collector heretofore appointed, to hold their office
during the pleasure of the Legislature 19-
122. Seourilies of tax Collccior lo be approved of by Commissioners who approve
of Sheriff 's bonds 394, 426, 450, 458, 471
123. Allowance to coUectori, 30, 60, 130, 150, 190, 209, 227, 252, 274, 298, 325, 311, 371
38S, 419,445,71-2, 732.
INDEX. S09
TAXES AND TAX COLLECTORS, (conliniied )
Collectors and Assessors, (continued.)
124. Enquirers, Assessors and Collectors, on closing their accounts with the Treas-
urer, and not before, shall receive 7i per cent on the amount collected, except
the collectors of St Philips & St. Michaels, who shall receive 35- 452
125. Tax Collectors to hold their offices for fbur years and until atiother is elected . .674
126. Before entering upon the dulies of his office to give bond, with two or more
good sureties, for the amount heretofore established by law 675
127. If any Inquirer, Assessor or Collector enter upon the duties of his office with-
out Complying with requisites of the law, to forfeit five thousand dollars 30(1
128. Assessors and Collectors furnished with a copy of the Acts, 35, 56, 61, 131, 151,
190, 225, 252, 275, 299, 326, 342, 374, 391, 423, 444, 473, 486, 513, 532, 552, 584, 608,
628, 655, 683, 706.
129. Duty of Assessors and Collectors, 61, 131, 150, 190, 209, 227, 252, 275, 299, 419, 445
130. The amount of taxable property to be ascertained 143
131. Tax Collectors to inquire for lands owned by persons out of the State, 276, 300,
336, 342, 372, 387, 420, 446.
132. Defaulting Collectors, how dealt with 300, 447, 455
133. Penally on Collectors for defeult 33, 54
13J. Vacancies to be filled by the Governor 33, 54
135. Treasurers to report annually to the Legislature defaulting Collectors, and 16
instruct the .Attorney General or Solicitors to prosecute, and otherwise to compel
Collectors to perform their duties 329, 373, 390'
136. Treasurer to make good any loss occuring from his n^glecl of enforcing the
laws 329
137. Proceedings against certain defaulting Tax Collectors 347
138. Tax Collector of Winyaw to give hereafter his bond for four thoxsand dollars,
and four sureties each in the sum of two thousand dollars 348
139. Every Tax Collector shall specify in words, at length, the sum paid by every
person for his general tax, distinguishing what Is paid for poor or bridge tax, in the
receipts he gives for taxes 632, 659, 687, 709
140. How to proceed when collectors are dead 453
Ul. All clauses of Acts repugnant to the Act of 17ih December, 1803, repealed 458
l-AYLOR, JAMES,
I. State debt due to him to be paid 477
TELFAIR, WILLIAM,
1. Allowed to bring certain slaves into the State 351
THE.iTRICAL EXHIBITIONS,
1. Allowed to be licenced in the State, and persona so licensed eietapt frofti the
vagrant law ]95
Tiger river,
1. A sluice orslope in Tiger River, 15 feet wide, to be kept open from 1st March to
15th May each year for passage of fish 579
2. Penalty for neglect or obstructing, recoverable before magistrate .579
3. Traps on said river to leare one-third part of said river open ; to include the
main channel 579
4. Penalty 579
5. Appeal from magistrate allowed to district Court 580
6. The Acts repealed requiring the owners of mill dams on Tiger River to keep
open a sluice or slope for fish 641
7. The right of rendering it navigable reserved 641
TOBACCO,
1. To be inspected ]]3
2. Warehouses established for that purpose 113
3. Hogshead when examined to be marked 1J4
4. A close hous^ to be provided for packing tobacco 114
5. Two inspectors and pickers appointed for Charleston II4
6. The trash tobacco to he burnt II4
7. Scales, weights, <fcc to be provided , 115 ug
VOL. v.— 102.
SIO INDEX.
TOBACCO, (continued.)
8. 78. to be paid for each hogshead delivered for exportation, lo defray expense's. 1 15
9. Penally for taking illegal fees. . . , 115, 119
10. Inspectors and pickers to take an oath 115
11. Uimension of staves — hogshead how branded, to contain 950 lbs. tobacco.. 115, 116
12. Had tobacco to be burnt 116
13. A place for packing tobacco at each warehouse 116
14. Each hogshead to be marked S. C with the tare and nott 116
15. Inspectors to give a manifest when tobacco is removed for exportation 117
16. Duly of Captain of vessel exporting tobacco 117
17. Oath 117
18 Tobacco when forfeited 117
19. If cut away to less than 950 lbs 117
20. Two Inspectors for Charleston 117
21. Tax of 3s. on each hhd, to pay Inspectors's salaries 117
32. Penalty on Inspectors for not burning bad tobacco 118
23. Siorage, w hat 1 18
24. One Picker for the country 118
25. Commissioners appointed 118
26. Inspectors lo give bond 119
27. Owners and Inspectors disagreeing, how to proceed 119
28. Inspector's oath... 119
I 29. Penalty for removing bad tobacco before it is burnt 120
30. Penalty on adulleraiing 120
31.. Death lo counterleit manifest of tobacco, or niter it, knowing it lo be counter-
feit 120
32. Commissioners to make returns ■ 120
33. Hours of inspection 120
34. Repeals all former Acts relating lo inspection of tobacco 121
35. A lot to be bought in Charleston for tobacco warehouse 133
36. Commissioners and Inspectors for Campbell's warehouse, Falmouth and Ad-
ams's Ferry. 145
37. Certain warehouses for tobacco established 196
38. Commissioners appointed 197
39. Who shall have copies of tobacco laws furnished ihem 197
40. Surplus monies collected by inspectors to be paid over to Ihe Commission-
ers 197
41. Ware Houses established at Fish dam Ford 215
42. Commissioners 215
43. Certain Commissioners appointed to hold oiTice for 2 years 267
44. Ware House for inspection established in Columbia 312
45. Commissioners appointed 312
46. Two additional Commissioners for Camden 312
47. Inspection established at little Geneiostee Creek, Savannah River, and at
Toogaloo and Keowee Rivers 384
48. One at Winnsborough 384
49. Rates of Storage inci eased at Hamniond's, Campbell's and Pickens's Ware
Houses 401
50. An inspection Ware House established near the mouth of Little River, in .Abbe-
ville, and Commissioners appointed 407
51. An inspection established in Dorchester and Commissioners appointed 417
52. Cotton may be stored in the Tobacco Ware Houses of Charleston 433
53. An Act to amend " An Act establishing a Tobacco Inspection in Charles-
ton". 462
54. Inspection Ware House established on the lands of Aaron Ferrel, Tugaloo
River 603
55- Commissioners apppoinied 603
56. Another to be established on land of Hciiry Bunch, on Keowee River in Pen-
dleton, and for the storing of cotton and other produce 603
57. Commissioners to make regulations, &c 604
INDEX. 811
TOBACCO, (continued.)
58. Commissioners appointed for Granhy 604
59. Inspectors not to cause any tobacco hereafter to be burnt, but upon inspection
to class the same, as No. 1st. 2nd or 3d 618
60. So much of the Act of I3th March, 1789, as is repugnant to this, repealed ...618
TOLLS,
1. Persons exempt from 211
TONNAGE, Sec Charleston.
TOWN LOTS, See T(u:es,
TREASON AND HIGH MISDEMEANOR,
1. Persons connected with slaves in actual insurrection, or who ehal! in any
manner, or to any extent, excite, counsel, &c, any slave to insurrection, by fur-
nishing them with any passport, arms or ammunition, or munition of war, &c,
or affording them slicltcror protection, or permit his house to be resorted to for
any purpose lending to insurrection, shall be guilty of treason and suffer death.. 503
2. Publishing any inflammatory writing, or delivering any inflammatory discourse
tending to alienate the affection or seduce the fidelity of any slave, declared a
high misdemeanor, and puiiished at tlie discretion of the Court, not to extend to
jifeor hmb 503
3. Proceedings against persons indicted under this Act 503
4. Two witnesses necessary 503
TREASURER, See Ta:ces, Comptrol er.
1. Not to leave the Stale, without permission of the Governor, upon forfeiture of
his office 126
2. Governor authorised to fill vacancy and to grant leave of absence in case of
sickness only 126
3. Not to pay any demand on the Treasury, but at the offices in Columbia and
Charleston 328, 345, 372, 389, 420, 447, 454
4. Not to draw any order or draught on any Tax Collector, 328, 345, 372, 389,
447, 454.
5. Treasurers to furnish the tax collector with Blank returns, 329, 345, 372,
389, 420, 454.
6. Treasurers to report annually to the Legislature defaulting tax collectors, and
to instruct the Att. Gen. and Solicitors to prosecute, and otherwise to compel
collectors to perform their duties 329, 345, 373, 390, 411, 421, 455
7. Treasurer to make cood any loss occurring from his neglect of enforcing the
laws 329, 345
8. Treasurers, before entering upon the duties of their office, to give a joint
and several bond, (he of Charleston in a penalty of $60,000. and he of Colum-
bia in S30,0OO) with one or more good surities, for the performance of their
duties 349
9. To be approved of by the Governor and deposited in the Secretary of State's
Office 349
JO. Treasurers to report their cash transactions to the Comptroller every month,
and names of persons to whom payment is made or receipt given, to be sta-
ted 361,393,410, 425,450,453
11. Treasurer, on receiving monies from a tax collector, to give two receipts, 361
519, 539, 559, 593, 616, 636, 663, 690, 715, 736.
12. Treasurer to account to Comptroller when called on 393, 450
13. To pay all salaries quarterly 393, 411, 458
14. To raise an acccount for every appropriation 393, 411, 425, 450, 458
15. To furnish Comptroller with statements of cash in hand, whenever required,
and promptly give official information, duly ceriified, relative to any matter
of revenue or finance of this State 411, 425, 458
16. Treasurers not to keep accounts current between their offices 411
17. Offices to be kept open from 9 A. lU. until 2 P. M 411
18. Copies of entries from Treasury books, certified by the Comptroller, good evi-
dence as original 411
19. To keep an account of all unappropriated money in the Treasury of each year,
to he under the supcrinlendanre of the Comptroller, who shall render annually
to the Legislature an account thereof. 425,450, 458
F
&12 INDEX.
TREASURER, oonlinueil.)
20. Treasurer of ihe lower division, in Ihe presenre of the Cumptrolier and otheri,
to burn all the Paper Medium now in the Treasury 444, 491, 519, 538. 559, 636
21. He shall also give certificates ofsuchof the Registered Debt as may he fund-
ed 444
?2. To supply the Tax Collertors with printed blank returns once a year 447
5?3 Justice of the quorum ex-oflicio 479
24. Mortgaged lands bought in on the part of the State to be resold by the treasu-
rers, and conditions thereof 487, 488, 513, 532, 552 584, 609, 629, 655, 683, 703
25. 2Uth Clause of'an Act supplementary to an Act, &c, passed 17th December
1803, repealed , 488
26. To buy up the funded debt 426,444,476,486,491
27. Treasurer's duty on settlement with Tax Collectors annually 515
28. Treas.urers to transmit to Comptroller returns of Tax Collectors in 20 days af-
ter receiving them, and to report the names of such Tax Collectors as may fail to
comply with the regulations of the law 566
29. Shall require of each Tax Collector an oath of the correctness of his return,
which he shall endorse on the return 567
30. Treasurer of Lower Division to deliver all stock belonging to the State, bonds
and other funds in the Treasury, to the Bank of the State, and to deposite all
monies received by him in the same 690
TREATY, See Convention.
TRESPASS TO TRY TITLE,
1. The method of trying title to land, to be by action of trespass, wherein th»
real names of the parties shall be used, and damages may be awarded for mesne
profits ; and a writ of possession, and execution for damages, may both be taken
out 170
2. All Acts relating to ejectment shall be construed to have relation to trespass
to try title, where the title to land shall com© in question J70
TREZEVANT, PETER,
I . The Treasurer authorized to deliver up to him a bond and mortgage of Robert
Farquhar, given for the purchase of confiscated property 40?
TRINITY CHURCH, COLUMBIA,
I. Allowed to raise a sum of money by lottery 725
TRUSTS AND TRUSTEES,
1. Trustees may bo changed by the Court of Chancery, substituted and dis-
charged 278
2. Certificate of such substitution shall be indorsed by Commissioner upon the
original trust deed or will, as the case may be, aiid lodged in the oflics where
the » ill may be lodged 278
3. Certificate also to be recorded in Secretary of State's office, or other office
where deed or will is recorded or lodged or ought to be recorded or lodged 278
TUfiALOO RIVER, See Navigation.
TWEED, ALEXANDER J. H-
1. Hi.s sur-name changed to Duncan 650
TWINING, NATHANIEL,
1. Exclusive privilege given him to run certain stage coaches 281
2. Not to interfere with the estnlilishmeni of any line by United States 882
UNDERWRITING, See Insurance
UNITED STATES,
1. Light house on Middle Bay Island, ceded to the United Stales 147
2. Us boundaries 148
3. Light house and Island ceded for the purpose of light house, forts, magazines,
arsenals and dock-yards, on condition that light house, &c., should be kept up
at their expense, and present expenses due for the same to be satisfied 148
4 Cession of jurisdiction over 7 acres on North Island, to United States, not to
exclude or prevent any process, criminal or civil, issuing from any of the
Courts of this State, from being served or executed within the lituits of the
said tract 309
INDEX. S13
UNITED STATES, (continued. )
5. Act of 19th December, 1796, repenled 309
6. Place on Nortli Islanil ceded to tlie United States for a light house 255
7. Authorized to purchase land in this State, not exceeding twothousand acres,
for arsenals and magazines 259
8. If parties cannot agree, land to be valued 260
9. Jurisdiction retained by the Slate 260
)0- Jurisdiction ceded to the United States over 7 acres on North Island, for the
purposes of light house, forts, arsenals, &c 280
11. Fort Moultrie, with canal from the cove, ceded to the United States 501
12. Fort Johnston 501
13. Fort Pinckney 501
14. Sand bank on South-Easternmost point of Charleston, two acres 501
15. Dr. Blythe's Point, Mouth of Sampit River 501
16. Mustard Island, in Beaufort River, and not exceeding 7 acres on St. Helena's
Island, opposite the same 501
17. Commissioners appointed to locate the above sites, and to return a plat of the
same to the Secretary of State's office 501
18. United States to repair or build new fortifications in three years, and keep a
gorrison or garrisons, or cession void 501
19. Process, civil or criminal, may be served on any part of lands so ceded 501
20. United States to compensate owners for property, before possession taken. . . .502
21. Six acres added to the cession of land foi forts, &c., at Dr. Blythe's Point, at
mouth of Sampit 5/5
22. Commissioners appointed to locate the same, and return a plat thereof to the
Secretary of State's office 575
23. This cession subject to all the provisions and restrictions of the former cession
of four acres 515
24. Five acres near Beaufort, including Fort Lyltleton, ceded also to the United
States, for erecting a Fort, and Commissioners appointed to locate, &c 576
25. Cession to the United States of Fort Mechanic, in Charleston, reserving to
the Slate jurisdiction for all processes, civil or criminal, and provided the rights
of the City Ceuncil of Charleston be not impaired 696
2R. The City Council authorized to relinquish their rights 696
27. Direct tax of United States— quota of South Carolina, for 1813. . . 716
28. The State assumes its quota of United States direct tax 738
29. The Comptroller to pass to the credit of the Treasury of the United States, in
the Bank of the State, $260,000, its supposed quota, and to inform the Treasurer
of the United States of the lact 738
30. If this be insufficient, comptroller to pay over the balance 738
31. South Carolina authorizes the Comptroller to subscribe on loan to the United
States * 556
32. Treasurers authorized to subscribe, on the part of this State, on loan to the
United States, in fundable indents, not to exceed $4,000 000, and receive the
funded certificates of the United States, in such sunjs as they may deem most
convenient 173, 174
VAGRANTS,
1. All persons, without any known residence, or residing in a city, county or pa-
rish, who have no visible or known means of gaining an honest livelihood; all
suspicious persons going about the country swapping and bartering horses or
negroes; all persons who acquire a livelihood by gambling or horse-racing, with-
out any other visible means of gaining a livelihood; all persons who lead idle
and disorderly lives, or who knowingly harbor horse-thieves and felons; all per-
sons having no trade, but is in possession of lands, and do not cultivate enough
to support himself and family; all persons representing publicly for gam, any
play, comedy, tragedy, interlude or farce, or other entertainment of the stage;
all fortune tellers for fee or reward; all sturdy beggars; all unlicensed pedlars —
shall be deemed vagrants, and liable to the penalties thereof. 41
2. May be proceeded against by magistrate and free-holders 41
.3. Form ot proceeding 42
814 INDEX.
VAr.RANTS, (continued )
4. If found guilty, to give security for good behaviour for one year, or go to
gaol 42
5. Services of the offender, for one year, to be sold al auction 42
6. If no purchaser lound, offender to be whipped, and to leave the District in 3
days, or to have his punishment renewed 43
7. May be sentenced to hard labor for one year 43
8. Persons of suspicious character deemed vagrants, unless in d'days he give se-
curity for his good behavior 43
9. Penalty against Magistrates for not doing their duty 43
10. Penalty on persons prefering charges without good reason 43
11. Persons licensed to exhibit theatricals, not subject to the vagrant laws 195
VENDUE,
1. Tax on sales at vendue, repealed 612
2. City Council of Charleston authorized to impose such duty or tax, provided it
be not laid on such property as has heretofore been exempt 612
VERDICTS,
1. To be expressed in dollars and cents 262
WADSWORTII, THOMAS,
1. The operation of the statute of limitations suspended, as to the lands devised
by Thomas Wodsworth 496
WADSWORTHVILLE POOR SCHOOL,
1. Incorporated 622
2. Allowed to sell certain lands 648
WALL'S CUT,
1. Commissioners for opening 71
WANNEL'S OR CUCKOLD'S CREEK,
1. Commissioners to cut and sink drains 17
WAPPOO CREEK,
J. An ordinance to build a bridge across 123
WATEREE, See Navigation
WATSON, JOHN,
I. A certain sum to he paid his legal representatives, for injury done him in con-
tinuing Meeting St. Road 693
WESTERN TERRITORY,
1. Congress recommends to the several Slates to cede their Western territory to
United Stales, for the common benefit of the Union 5
2. South Carolina delegation in Congress authorized to cede 'he Western territo-
ry of South Carolina to tbe United States 5
3. Territory designated 5
WIFE, See Conveyance.
WIfiG, W. H.
J. Proceedings stayed against W. H. Wigg 6,'>9
2. Further indulgence granted to 693
WILLS AND TESTAMENTS,
1. Justices of County Courta to have power of Ordinaries 106
2. Ordinaries to have all powers given by this Act to Justices oi County Courts.. 106
3. All persons entitled to real properly may devise the same by writing, to he
signed by devisor or some one authorized by him, in his presence, and sub-
scribed by 3 witnesses, in tlie presence of the devisor 106
4. No devise or clause of a Jevise of real estate shall be revoked but by a Will
executed as is required for a devise of land, or by destroying or obliterating Ihe
same, by the testator, or by some other person in his presence and by his direc-
tion 107
5. Nuncupative Wills exceeding jE 10 to be proved by Swiinesses 107
6. Nuncupative Wills shall not he proved after six months, unless commitled to
writing wilhin 6day«afler spoken, and 12 months allowed for probate 107
7 Not to be admitted to proof, tinless the widow or next uf kin are first called in,
focppie.it it if they choose , , 107
INDEX. 815
WILLS AND TESTAMENTS, (continued.)
8. No will of personal estate to be revoked, altered or changed by words, or will
by word of mouth only, unless during lifetime of testator it be committed to wri-
ting, and read to him and allowed by him, and proved to be so done by 3 witness-
es at least '0^
9. Proviso in favor of a soldier in actual service, and a mariner or seaman being
at sea '"7
10. Wills may be valid for personal and not fur real estate 107
11. Children born alter the death of the testator, if no provision is made for them,
to receive an equal share 107
12. If any child die in Ufetime of father or mother, leaving issue, any legacy giv-
en in the last will of such father or mother, shall go to tuch issue, unless such
deceased child was equally portioned with the other children by the fethcr or
mother when living -107
13. If a person makes a will, then marries and dies leaving issue, it shall be regard-
ed a revocation of the will 107
14. Where no executor is left in a will, or the ciecutor refuses to qualify, letters
of administration shall be granted with the will annexed, to such person as would
be entitled in case of intestacy 107
15. In case of intestacy, county Court may grant administration, in such counties
as have no Ordinaries, and the Ordinaries may in the other districts, where, if
he had left a will, it would have been proved 108
16. Wuere testator has a mansion house, or known place of residence, his will
shall be proved before the Ordinary or County Court, as the case may be, where
such place of residence or mansion was 108
17. If no place of residence, the will shall be recorded in the district or county
where the lands lie, if any are mentioned in the will, or in one of the districts, if
lands he in several 108
18. If there are no lands devised, nor place of residence, then the will shall be
proved in the district or county where testator died or where the whole or great-
est part of his estate shall be 108
19. When any will shall be proved, or letters of administration applied for, execu-
tors or administrators shall make out an inventory of the personal estate, the
ordinary shall appoint 3 or more freeholders, who shall appraise the same on
oath, which shall be returned to the ordinary in such time as he shall limit 108
20. If goods lie in several districts, the Court having jurisdiction shall order the
appraisements and appoint the appraisers in each, which shall be transmitted to
the Court where the will was recorded or administration granted 108
21. Every appraisement so made may be given in evidence against the Executor
or Administrator, but shall not be conclusive 108
22. Fees of Appraisers 108
23. W^hen Executor or Administrator dies intestate, not having fully administered,
the same Court by whom former probate or letters were granted, shall deter-
mine the right, and grant letters de bonis non 108
24. Persons dying intestate, and Executors refusing to qualify, who shall then be
entitled to administer 108
25. Penalty on persons refusing to produce a will which they have in their pos-
session 109
26. Copy of probate, or order respecting the administration, shall be given to the
Executor or Administrator, which shall entitle him to maintain actions 109
27. Ordinary may order sale of property, or refuse it 109
28. Administrator or Executor, or their sureties, liable for taking insufficient sure-
ties at their sales 109
29. Oath of Executor and Administrator with the will annexed 109
30. Form of their bond 109
31. Oath of Administrator to be taken in open Court 110
32. Form oi his bond 110
33. Ordinary, or County Court Judge, neglecting to take bond, liable for damages
arising from such neglect 110
816 INDEX.
WILLS AND TESTAMENTS, (pontinuea.)
31. Ordinary, or Clerk of County Court, shall, every January or February, return
to the Secretary of State's office, a list of all probates and administrations grant-
ed within the preceding year, with th^ir dale, names of testator or intestate, of
the Executors or Administrators, and their sureties, and penalty of bond, to be
there filed Ill
35. Slaves of a person who shall die after 1st March, in any year, who are em-
ployed in the crop, shall be continued on the lands occupied by deceased, until
the crop is finished, and then to be delivered to those who are entitled to tiiem
in remainder or otherwise Ill
36. Such crop to be assets in the hands of the Executor or Administrator, taxes,
overseer's wages, expenses of physic, food and clothing, being first paid Ill
37. Emblements of the lands, severed before lost day of December following, like-
wise assets, &c Ill
33. Bui all emblements growing on the lands that day, or at death of testator or in-
testate, if after last December and before first March, shall pass witli the lands. Ill
39. If one hires slaves, or rents land vt a tenant for life, who dies, he shall not be
dispossessed before crop of that year is finished, the payment of rent or hire be-
ing secured Ill
40. Sureties of Administrator may petition to be discharged, and such order made
as may give relief. Ill
41. Debtor being made Executor, does not release or extinguish his debt Ill
42. Order in which debts of testator or intestate shall be paid Ill
let. Faneral and other expenses of the last sickness, and charges of probate
and letters of administration.
2d. Debts due the public.
3d. Judgments, mortgages and executions, the oldest first.
4th. Rent.
5lh. Bonds and other obligations.
6th. And last, debts due upon open accounts,
43. No preference to be given to creditors in equal degree, where there is a deficien-
cy of assets, except in cases of judgments, mortgages that shall be recorded,
from the time of recording, and executions lodged in the Sheriff's office, the
oldest to be paid first, and those cases where a creditor may have a Hen on any
particular part of the estate lit
44. Executors or Administrators to give 3 weeks notice by advertisement in the
State gazette, or 3 places of the most public resort in the parish or county, for
creditors to render their demands, and shall be allowed twelve months to ascer-
tain the debts due to and from the esta,te, to be computed from probate or
letters Ill'
45- Creditors neglecting to give in their claims in time prescribed, the Executor
or Administrator not liable to make good the same Ill
46. No action to be commenced against Executor or Administrator, to' recover
debts due, untd nine month(> after llie death of testator or intestate 113-
47. Executors and Administrators annually to render in their accounts to the first
Court of the County held (or Ordinary,) after the 1st January; return lobe made
to the same Court tliat granted probate, &c., and on oath 112
48. If he neglects to make returns as required, not allowed commissions, and lia-
ble for damages 113-
49. Allowed 50s for every jEIOO they shall receive or pay away in debts, credits,
legacies or otherwise, and in proportion for lesser sums; provided, that in letting
out money upon interest, and again receiving it back, they shall not lake or re-
tain more than 20s for every £, 10, and in the same proportion for larger or less-
er sums 112
50. Shall not be allowed commissions for retaining any debt or legacy to them-
selves 112
51. Commissions to be divided between Executors or Administrators, if ihey Ho
not agree, by the Ordinary, in proportion to their respective services 112
62. If a person not Executor or Administrator, possesses himself of the goods of
another, he is liable as executor of his own wrong, and moy be cited before the
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