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Full text of "The statutes at large of South Carolina"




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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 

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, . 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-