THE
STATUTES AT LARGE
OF
$^OlJTH CAROLINA;
EDITED, UNDER AUTHORITY OF THE LEGISLATURE.
DAVID J. McCORD.
►•Q«<"
VOLUME SEVENTH,
CONTAINING THE ACTS RELATING TO CHARLESTON, CoURTS, SlAVES, AWD
Rivers.
>*9»*
COLUMBIA, S. C.
TRINTED BY A. S. JOHNSTON.
1840.
\-
}^SQ>-itMi
COLEJ^AN KARESH LAW LIBRARY
N O T 1 C E .
As it is an age when our institutions are likely to be misrepresented, the
Editor thinks it proper to call the attention of the reader to the fact that
all the laws on the subject of slaives, from the year 1690 to 1751, included
between the pages 343 and 426, of this volume, expired before the revohu
tion. If the false philanthropist of the day chooses to quarrel with any
enactmentsduring that period, let him recollect that they were British, not
American Laws ; and that the f'-ee people ol' South Carolina have no cause
to blush at any enactment of theirs.
Digitized by the Internet Archive
in 2010 with funding from
Lyrasis Members and Sloan Foundation
http://www.archive.org/details/statutesatlargeo07edit
EaWr iiif dJUftetits^*
A. D. 1685.
No. 25.
A. D. 1690.
50.
A, D. 1692.
86.
A. D. 1696.
133.
A. D. 1698.
162.
A. D. 1700.
171.
173.
A. D. 1701.
190.
A. D. 1703.
207.
221.
A. D. 1704.
230.
231.
232.
A. D. 17a7.
234.
264.
ACTS RELATING TO THE CITY OF CHARLESTON.
An Act for clearing the Lotts and Streets of Charlestown, and for the settle-
ment and regulation of a Night Watch in the said town I
An Act for the settling and continuing a Watch in Charlestown 4
An Act to prevent Swine going loose ©r at large, in or about Charlestown,
and to prevent nuisances 5
An Act to appropriate the Monies raised and to be raised by an imposition on
Liquors, &c. imported into, and Skins and Furrs exported out of, this part
of this Province, to a fortification in Charlestown 6
An Act for settling a Watch in Charlestown, and for preventing of fires 7
An Act for securing the Provincial Library at Charlestown, in Carolina 13
An Act to prevent the Sea's further encroachment upon the Wharfe of
Charlestown 16
An Act for settling a Watch in Charlestown, and for preventing of Fires and
Nusances in the same ; and for the securing twenty foot on each side the
Half e-moon, for public landing places 17
An Act for the keeping and maintaining a Watch and good orders in Charles-
town 22
219. An Additional Act to an Act entiiuled "An Act tn prevent the Sea's further
encroachment upon the Wharfe at Charlestown ;' and for the repairing
and building more Batter j^s and Flankers on the said wall to be built on the
said Wharfe ; and also for the fortifying the remaining parts of Charles-
town by intrenchments, flankers and pallisadoes, and appointing a garrison
to the Southward 28
An Act for the better regulating the Watch in Charlestown 33
An Act to prevent the breaking down and defacing the FortificFtions in
Charlestown 36
An Act against killing of Beasts within ihe intrenchments of Charlestown. . . .33
An Act for the better securing of Charlestown, by stopping the North barr of
Ashley river, in case of invasion; and to disband the Military Watch in
Charlestown 38
An Act to Prevent and suppress Fire in Charlestown 41
An Act for repairing and expeditious finishing of the Fortifications in Charles-
town 43
272. An Additional Act to an Act entitled " An Act for repairing and expeditious
finishing of the Fortifications in Charlestown," ratified the twelfth day of
July, A. D. 1707; and for making reparations to all persons for the damages
they shall sustain by defending Charlestown, or any other place remote
from the people's respective divisions 47
n TABLE OF CONTENTS.
A. D. 1708. No. 276. An Act for the better regulating the Watch in Charlestown, and for settling
and maintaining a Watch at the fort on Windmill Point 49
A. D. 1709. 282. An Act for settling a Watch in Charlestown 54
A. D. 1711. 296. An Act for the erecting of a new brick Church at Charlestown, to be the parish
Church of St. Philip's, Charlestown 56
A. D. 1713. 335. An Additional Act to an Act entituled " An Act to prevent and suppress Fire
in Charlestown." 58
A. D. 1714. 345. An Additional Act loan additional Act to an Act entitled "An Act for pre-
venting the Sea's further encroachment on the Wharfe of Charlestown,"
and for repairing the Bastions, Half-moon and Redoubts of the same 60
A.D. 17j9. 396. An Additional Act to the Act now in force, relating to the Fortifications in
Charlestown 65
A. D. 1720. 416. An Additional Act to an Act entituled " An Additional Act to the Act now in
force, relating to the fortifications of Charlestown " 72
A.D. 1734. 579, An Act for the better and more certain regulating and adjusting the metes and
boundaries of Queen-street, formerly called Dock-street, in Charlestown ;
and for appropriating such waste or vacant lands as shall be found on the
North side of the said street 74
A.D. 1*46. 740. An Act for preserving the Fortifications, and for appropriating certain surplus
lands, in Charlestown 75
A. D. 1751. 795. An Act for dividing the parish of St. Philip, Charlestown, and for establishing
another parish in the said town, by the name of the parish of St. Michael ;
and for appointing Commissioners for the building of a Church and a Par-
sonage House in the said parish ; and appointing one member more to
represent the inhabitants of the said town in the General Assembly of this
Province; and for ascertaining the number of members to represent the
inhabitants of the said parishes, respectively, in the said Assembly; and
providing an addition to the salary of the present Rector of tne parish of
St. Philip, during his incumbency 79
A. D. 1759. 880. An Act to impower the Commissioners for building a Church and Parsonage in
the parish of St Michael, Charlestown, to purchase a lot of land and house
for a Parsonage for the said parish ; and to dispose of and convey in fee
simple, such pews as shall be built in the said Church; and for repealing
several paragraphs of the Act of the General Assembly of this Province
for divicing the parish of St. Philip, and for erecting the said parish of St.
Michael, and a Parsonage for the same 84
A. D. 1767. 954. An Actforimpowering the Commissioners of the Streets in Charlestown, to
lay out and continue old Church-street to George-street, in Ansonborough ;
and for building a bridge and causey at the North end of the Bay of
Charlestown 85
A. U. 1768. 965- An Act to appoint and authorize Commissioners to cut a Canal from the upper
end of Broad-slreet into Ashley river ; and to reserve the vacant marsh
on each si Ic of the said Canal, for the use of a common for Charlestown ;
and to empower the Commissioners of the Streets in Charlestown, to
remove a certain nuisance in the street commonly called Allen's-street 87
96C. An Act for appropriating the present Work House for a place of correction ;
for building a Poor House and Hospital ; for establishing further regulations
respecting the poor ; and for appointing a Burial Ground for transient per-
sons who shall happen to die in Charlestown 90
A D 1*'69 ^®^' An Act for laying out and establishing a Public Street in Ansonborough, and
the parts adjacent thereto 92
A. D. 1770. 991. An Act for laying out and establishing several new Streets in the North-west
parts of Charlestown ; and for building a new Parsonage House for the
parish of St. Philip, Charlestown ; and for empowering the Vestry and
Church-Wardens of the said parish, for the time being, to lay out part of
the Glebe Land of the said parish, in lots, and to let the same out on build-
ing leases ; and for other purposes therein mentioned 93
A. D. 1733. 1191. An Act to incorporate Charleston 97
A. D. 1784. 1228. An Act to explain and amend an Act entitled "An Act to incorporate Charles-
ton ;" and to enlarge the powers of the City Council 101
TABLE OF CONTENTS. m
A. D. 1785. No. 1297. An Act to explain and amend the "Act for incorporating the City of Charles-
ton, and enlarging the powers of the City Council ;" and to prevent a
rlnshing of jurisdiction within the same 102
A. D. 1787. 1359. An Act to authorize Commissioners for continuing East Bay-street to Ashley
river, to make a new assessment for compleating 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 103
A. D. 1788. 1412. An Act to amend an Act entitled " An Act to authorize Commissioners for
continuing East Bay-street to Ashley ri/er, to make a new assessment for
compleating 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 siid street." 104
A. D. 1/89. 1442 An Act to authorize the Commissioners for continuing East Bay-street to
Ashley river, to make a new assessment for compleating the same ; and to
repeal the twenty-eighth clause of an Act of the General Assembly, pass-
ed the twenty-second day of March, in the year of our Lord one ihousand
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 twenty-seventh day of JVIarch, in the year
of our Lord one thousand seven hundred and eighty-teven, entitled " An
Act to authorize the Commissioners for continuing East Bay-street to
Ashley river, to make a new assessment for compleating the same." 105
A, D. 1791. 1502. An Act to ascertain the jurisdiction of the Court of Wardens of the city of
Charleston, in the cases therein mentioned 107
A. D. 17S2. 1545. An Act to grant a further time to ihe owners of Wharves in Charleston, and
other persons having wooden buildings thereon, used as Stores onlv, to
pull the same dovvn 108
A. D 1795. 1619. An Act to vest the City Council of Charleston with certain powers therein
mentioned 109
1629. An Act to complete East Bay-street, in Charleston ; and for other purposes
therein mentioned 109
A- D. 1796. 1636. An Act to authorize the City Council of Charleston to increase the tax on
Licences for retailing Spirituous Liquors, and to exempt certain officers of
the city of Charleston trom serving on Juries Ill
A. D. 1797. 1670. An Act to declare more explicitly the pow ers of the City Council of Charles-
ton, as to the sale and re-sale of certain public Lots on East Bay street
continued ; and for other purposes therein mentioned Ill
1680. An Act to ascertain what damages Robert Lindsay, William Turpin, and the
estate of James Sommers, deceased, have sustained by East Bay-street
being continued through their lands 112
A. D. 1799. 1713. ^.n Act to authorize the City Council of Charleston to impo.se and levy a tax
on the Lots on Sullivan's Island, to defray the cost of erecting a Pest
House on the North-east point of James's Island 113
1724. An Act to prevent the opening of Streets, Lanes, Alleys, and Courts, within
the city of Charleston, without p2rmission specially obtamod 115
1731. An Act to compensate the heirs and devisees of Peter Porcher, deceased, for
certain property therein mentioned 115
A. D. 1801. 1783. An Act to appoint Commissioners to assess such parts of a lot of land in
Charleston, as are necessary to widen East Bay-street ; and to permit the
City Council to enjoy the same as a public street, on the payment of the
sum assessed as its value 116
A. D. 1802. 1793. An Act to confirm the bye-laws of the Protestant Episcopal Church of Saint
Philip, in Charleston, and to enable the congregation thereof to alter the
same, or substitute new bye-laws, under certain restrictions 117
A. D. 1803. 1812. An Act to amend an Act entitled " An Act establishing a Tobacco Inspection
in the city of Charleston." 118
1816. An Act to relieve the 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 119
A. D. 1804.
No.
1830.
A. D, 1805.
1851.
1852.
1864.
A. D. 1807.
1889.
IV TABLE OF CONTENTS.
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 120
An Act to fix the rates of storage of Cotton in Charleston 121
An Act to repeal an Ordinance of the City Council of Charleston 121
An Act to 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 122
An Act to amend an Act entitled "An Act for amending an Act entitled an
Act for regulating and ascertaining the rates of wharfage of ships and
merchandize;" and also, for ascertaining the rates of storage in Charles-
ton ; and for repealing the first clause of the said Act, or any other Acts
as are repugnant thereto 122
1894. An Act to appoint Commissioners to assess such parts of lota of land in
Charleston, as are necessary to widen Market-street ; and to permit the
City Council to enjoy the same as a public street, on payment of the sum
assessed as its value 123
A. D. 1808. 1921. An Act to alter and amend "An Act to incorporate Charleston:" and for other
purposes therein mentioned 125
A. D. 1809. ]938 ^^^ ^^t jg ai,gr and amend "An Act to 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 126
1941. An Act to authorize the City Council of Charleston to erect and build, within
the enclosure of the City Burial Ground, lying without the city, on the
borders of Ashley river, a substantial brick Magazine, for the storing of
Gun Powder 127
1952. An Act authorizing the President and Trustees of the second Presbyterian
Church of the city aad suburbs of Charleston, to raise, in aid of their funds,
for the building of a Church, a sum of money, by way of Lottery 127
A. D. 1810. 1971. An Act to authorize the Iniendant and Wardens of the city of Charleston, to
w-den MoTte-street, and to open Kinloch's Court as a street ; and for other
purposes therein mentioned 128
A. D. 1811. 1985. An Act to authorize the widening of State, late Motte and Union-streets, in
the city of Charleston, in such manner and under such provisions as are
herein specified 131
1989. An Act to authorize the Commissioners of the Orphan House of Charleston
to select the number of youths therein mentioned, from those educated
and maintained on the bounty of that institution, who shall be allowed to
complete their education at the South Carohna College 132
A. D. 1812. 2016. An Act to amend an Act entitled "An Act to authorize the opening and
widening of State, late Motte and Union streets, in the city of Charles-
ton, in such manner and under such provisions as are herein specified ". . . .133
A. D. 1814. 2059. An Act to appoint certain commissioners for the purpose of assessing the value
of certain lands in the parish of St. Philip's, on which Fortifications are
now erecting for the defence of Charleston ; and for other purposes there-
in mentioned 134
A. D. 1815. 2086. An Act to confirm the division of the city of Charleston into four Wards, as
directed by an Act passed 19th December, 1809 ; and for other purposes
therein mentioned 135
A. D. 1816. 2113. An Act to open and extend Pinckney-street, in the city of Charleston, to Meet-
ing-street 136
A.D. 1817. 2144. An Act to appoint a Board of Commissioners for the city of Charleston, with
power and authority to declare in what cases the Streets, Lanes and
Alleys of the city shall be widened ; and to provide for carrying into execu-
tion the objects of the said board ; and for other purposes therein mentioned . 136
2145. An Act to alter and amend so much of the second clause of the Charter incor-
porating the city of Charleston, as relates to the qualification of voters for
Iniendant and W'ardens; and for other purposes therein mentioned 138
2151. An Act to enable the City Council of Charleston to carry into more complete
effect the Quarantine Laws 140
TABLE OF CONTENTS. v
A.D. 1818. No. 2198. An Act toiilter and amend an Act entitled "An Act to appoint a Board of
Commissioners for the city of ChaNeston, with power and authority to
declare in what cases the Streets, Lanes and Alleys of the city shall be
widened " 140
A. D. 1819. 2214. An Act to alter and amend an .Act entitled "An Act to alter and amend so
much of the second clause of the Charter incorporating the city of Charles-
ton, as relates to the quahfication of voters for Intendant and Wardens ;
and for other purposes therein mentioned," passed on the eighteenth day
of December, in the year of our Lord one thousand eight hundred and
seventeen 141
A. D. 1821. 2266, An Act to invest the Ciiy Council of Charleston with power to grant Licences
to retail Grocers, and persons retailing on the Wharves of Charleston 142
A. D. 1823. 2302. An Act to vest power in the City Council of Charleston, to prevent the retail-
ing of Spirituous Liquors without a License 142
A. D. 1826. 2386. An Act to give to the City Council of Charleston the power to regulate the
measuring of Grain sold within the limits of that corporation 143
A. D. 1827. 2407. An Act to amend an Act entitled "An Act to appoint a Board of Commission-
ers for the city of Charleston, with power and authority to declare in what
cases the Streets, Lanes and Alleys of the City shall be widened ;" and to
provide for carrying into execution the objects of the said Board ; and for
other purposes therein mentioned 143
A.D. 1830. 2512. An Act to authorize the City Council of Charleston to fill up low lots and
grounds in the city of Charleston, in certain cases; and for other purposes. 144
A. D. 1833. 2604. An Act to repeal an Act entitled "An Act to exempt the members ot the
Vigilant, Phoenix, ^tna, and Charleston Fire Engine Companies of
Charleston, from jury duty " 145
A. D. 1835. 2651. An Act to authorize the City Council of Charleston to shut up certain Streets
near the Market in Charleston; and for other purposes 145
A.D. 1836. 2674. An Act in relation to Mitchell's Alley, in the city of Charleston 146
2675. An Act to authorize flie City Council of Charleston to tax the income of per-
sons resident without the said city, derived from business conducted within
the city 147
2676. An Act to authorize the City Council of Charleston to close Araen-street, in
Charleston; and for other purposes 147
2680. An Act to alter and amend the Charter of the city of Charleston; and for
other purposes therein mentioned 148
2688. An Act for the better regulation of the Fire Department in the city of Charles-
ton 150
2691. An Act establishing a line beyond which the Wharves shall not be extended
in the city of Charleston; and for other purposes 151
A. D. 1837. 2713. An Act to authorize the Commissioners of Public Buildings for Charleston dis-
trict, to apply part of their funds to the repairs and extension of the Main
Guard House in the city of Charleston ; and for other purposes 152'
2733. An Act to reorganize the College of Charleston 153'
2739. Act to authorize the City Council of Charleston to clo.se Fort-street and part
of Church-street, in said city 155
A. D. 1838. 2743. An Act to amend the Act directing the representation in the City Council to
be apportioned every seven years 155
2744. An Act for rebuilding the City of Charleston 156
2760. An Act to authorize the City Council of Charleston to close and discontinue
* Ellery-street 161
2769. An Act to amend an Act for rebuilding the city of Charleston 161
ACTS RELATING TO COURTS.
A. D. 1721. 441. An Act for establishing a Court of Chancery in this his Majesty's Province of
South Carolina 163
473. An Act for establishing County and Precinct Courts 166
A. D. 1722. 449. An Act for authorizing the General Court in Charles City and Port, to exercise
several powers and privileges allowed to the county and precinct Courts
in this Province ; and some other regulations 176
A. D. 1722.
No. 466.
A. D. 1734.
583.
A. D. 1737.
622.
VI TABLE OF CONTENTS.
An additional Act to an Act. entitled "An Act for establishing county and pre-
cinct Courts." 178
An Art for the better regulating the Courts of Justice in this Province, and
for altering the time of holding Courts 184
An Act fur the better regulating the Court of Common Pleas, to be holden on
every second Tuesday in February, May, August and November, yearly
and every year, being the ancient limes heretofore appointed for holding
the said Ceurt 189
A. D. 1746. 745. An Act to impower his Excellency the Governor, or the Commander-in-chief
of this Province for the time being, and a majority of the members of his
Majesty's Honorable Council who shall be in this Province, to hold a Court
of Chancery ; for repealing the first and ninth paragraphs of an Act of
the General Assembly of tliis Province, entitled "An Act for establishing
a Court of Chancery in this his Majesty's Province of South Carolina;"
and for preventing the discontinuance of process, and the abatement of
suits, in the Courts of Justice 191
A. D. 1767. 953. An Act for the more frequent holding of the Court of General Sessions of the
Peace, Oyer and Terminer, Assize and General Goal Delivery ; and to
apponit and establish a new list of Jury-men ; and to authorize and empow-
er the assistant Judges to take Renunciations of Dower from Feme Coverts. 194
A. D. 1768. 980. An Art for establishing Courts, building Gaols, and appointing Sheriffs and
other officers, for the more convenient administration of justice in this
Province 197
A. D. 1783. 1170. An Ordinance to divide the Judges's Fees in the Court of Common Pleas and
General Sessions of the Peace, equally among all the Judges ; and to pre-
vent any Judge who may be heretfter appointed a delegate to Congress,
from receiving the emoluments of both offices 205
An Act for continuance of Process and Judicial Proceedings in this State 206
An Act for establishing a Court of Chancery 208
An Act for the more speedy and effectual enforcing the execution of Decrees
in the Court of Chancery 211
An Act for establishing County Courts, and for regulating the proceedings
therein 211
An Act to amend an Act entitled "An Act for establishing County Courts,
and for regulating the proceedings therein." 243
An Ordinance for establishing a County and County Courts in the new ceded
lands on the North side of Saluda river 245
An Act to alter and amend an Act entitled "An Act for establishing County
Courts, and for regulating the proceedings therein," passed the seventeenth
day of March, one thousand seven hundred and eighty-five ; and for other
purposes therein mentioned 245
A. D. 1788. 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 State or district 246
1396. An Act to carry into effect the Ordinances of Congress, for establishing Courts
for trial of Piracy and Felonies committed on the high seas 247
1411. An Act to alter and amend the several County Court Acts 247
A. D. 1789. 1444. An Act to remedy the defects of the Courts of Ordinary in the several districts
where there are no County Courts, as to matters and cases in whiih the
Ordinaries of those districts may be respectively interested 249
1447. An Act to revive and continue the Authority, Acts, and Judicial proceedings
of the Court of Common Pleas, to be held in Charleston ; and for other pur-
poses therein mentioned 250
1454. An to establish a County and County Courts between Savannah and Saluda
rivers, above the old Indian boundary 252
1474. An Act for granting to the Circuit Courts complete original and final jurisdic-
tion, and for regulating the same 253
A. D. 1790. 1476. An Ordinance to prolong the time of the sitting of the Court 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 to their charge 257
1172.
A. D. 1784.
1209.
A. D. 1785.
1264.
1281.
A. D. 1786.
1303.
1325.
A. D. 1787.
1377.
TABLE OF CONTENTS. vir
A. D. 1791. No. 1490. An Act to establish a Court of Equity within this State 258
1491. An Act to amend the several Acts for establishing and regulating the Circuit
Courts throughout this Slate 260
1492. An Act to amend the several Acts for establishing County Courts, and for
regulating and amending the proceedings therein; and for suspending the
County Courts in the districts of Orangeburgh and Beaufort ; and ascer-
taining the duties of .Justices of the Peace throughout the State 266
1503. An Act to establish a County and County Court in the District of Kershaw. . 270
1526. An Act to alter and amend the Law respecting Juries ; and to make some ad-
ditional regulations to the Acts for estabhshing and regulating the Circuit
Courts 271
1527. 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 278
A.D. 1792. 1543. An Act to alter and amend the several Acts for establishing and regulating the
Circuit Courts throughout this State 279
A. D. 1793. 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 extending the time for holding the Courts in Ninety-six district ;
for the better advancement of justice in the Courts of Law and Equity ;
and for other purposes therein mentioned 281
An Act to establish an uniform and more convenient system of Judicature. . . .283
An Act to revise and amend an Act entitled "An Act to establish an uniform
and more convenient system of Judicature." 290
An Act supplementary to an Act entitled "An Act to establish an uniform and
more convenient system of Judicature " 293
An Act to establish a Court of Inferior Jurisdiction in the city of Charleston;
and to extend the Jurisdiction of Magistrates throughout the State, except
those resident in the city of Charleston 300
An Act for the better arrangement of the sittings of the Courts of Equity;
for the estab'ishment of Courts of Appeal for the same ; and for other pur-
poses therein mentioned 304
An Act to provide for the more easy and expeditious administration of Justice
in the Courts of this State 308
An Act establishing a Court of Equity in and for the Di.strict of Beaufort ; and
for other purposes 310
An Act to regulate the Courts held by the Associate Judges of this State at
the conclusion of their respective circuits; and of the Courts of Appeals
held by the Judges of the Courts of Equity within this State ; and for
other purposes therein mentioned 311
A. D. 1812. 2004. An Act to extend the provisions of an Act entitled "An Act to remedy the
defects of the Court of Ordinary, in the several districts where there are
no county courts, as to matters and cases in which the Ordinaries of those
districts may be respectively interested," passed the seventh day of March,
one thousand seven hundred and eighty-nine, to all the circuit court dis-
tricts throughout the State 314
An Act for appointing an additional Commissioner or Master in Equity for the
Court of Equity in Charleston ; and for other purposes therein mentioned. 315
An Act requiring separate Country Dockets for Charleston district, and fixing
a time for the trial of country causes in said district 316
An Act to authorize the Judges of the Courts of Law or Equity, to order and
appoint, from time to time, a special Court in the several districts of this
State ; And for other purposes therein mentioned 317
An Act to enlarge the Jurisdiction of the Inferior City Court of Charleston., .319
An Act to give the Judges of the Court of Sessions and Common Pleas the
same authority to grant writs and hear and determine motions, at Cham-
bers, as they now have in open Court ; and [for] other purposes therein
mentioned 321
2185. An Act to repeal so much of the Fourth Section of the Act of 1769, as author-
izes the Governor and Commander-in-chief, in certain cases, to appoint
and commission persons to hold the Courts of Sessions and Common Pleas. 321
A. D. 1798.
1706.
A.D. 1799.
1718.
1737.
A. D. 1801.
1761.
A. D. 1808.
1911.
A. D. 1809.
1937.
A.D. 1810.
1976.
A.D. 1811.
1990.
A.D. 1813.
2029.
A. D. 1817.
2163.
2165.
A. D, 1818.
2175.
2179.
Ill TABLE OF CONTENTS.
A.D. 1820. No. 2237. An Act to amend an Act entitled "An Act to enlarge the Jurisdiction of the
Inferior City Court of Charleston" 322
A. D. 1821. 2250. An Act respecting the Master and Commissioners in Equity ; and for other .
purposes 323
2273. An Act to increase the Jurisdiction of the City Court of Charleston 325
A. D. 1824. 2331. An Act to revise and amend the Judiciary System of this State 325
A.D. 1825. 2352. An Act to give to the City Court of Charleston concurrent jurisdiction with
the Court of Common Pleas, in suits on certain mercantile contracts, to
any amount 329
2369. An Act to amend an Act entitled "An Act to revise and amend the Judiciary
System of this State ;" and for other purposes 329
A. D. 1827. 2432. An Act to regulate the sittings of the Court of Appeals; and for other purposes. 331
A.D. 1832. 2579. An Act regulating the practice of ihe Court of Appeals 332
A. D. 1833. 2598. An Act to prolong the terms of the Court of Equity, for certain districts 333
A. D. 1835. 2646. An Act to reform and amend the Judiciary System of this State 334
A D. 1836 2677. An Act to increase the Jurisdiction of the City Court of Charleston ; and for
other purposes 338
2681. An Act to organize the Courts of this State 339
A.D. 1837. 2732. An Act to alter the time of the sittings of the Courts of Law and Equity in
some of the districts of this State 341
ACTS RELATING TO SLAVES.
A.D. 1690. 57. An Act for the better ordering of Slaves 343
A. D. 1704. 237. An Act for raising and enlisting such Slaves as shall be thought serviceable to
this Province in time of alarms 347
A.D. 1708. 278. An Act for enlisting such trusty slaves as shall be thought serviceable to this
Province m time of alarms 349
A.D.1712. 314. An Act for the better ordering and governing of Negroes and Slaves 352
A. D. 1714. 344. An additional Act to an Act entitled "An Act for the better ordering and gov-
erning Negroes and all other Slaves." 365
A.D. 1717. 388. Afuriher additional Act to an Act entitled "An Act for tho better ordering
and governing of negroes and all other slaves ;" and to "An additional Act to
an Act entitled an Act for the better ordering and governing of Negroes
and all other daves" 368
A. D. 1722. 476. An Act for the better ordering and governing of Negroes and other Slaves 371
A. D. 1735. 586. An Act for the belter ording and governing Negroes and other Slaves 385
A.D. 1740. 670. An Act for the better ordering and governing Negroes and other Slaves in this
Province 397
A.D. 1743. 702. An Act for the better security of this Province against the insurrections and
other wicked attempts of Negroes and other Slaves ; and for reviving and
continuing an Act of the General Assemblj' of this Province, entitled "An
Act for the better ordering and governing Negroes and other Slaves in
this Province." 417
A. D. 1747. 754. An Act for giving freedom to a negro man named Arrah, late a slave belong-
ing to Mr. Hugh Cartwright ; and to confirm the freedom of all negroes
and others iwho have been or shall be slaves to any of the inhabitants of
this Province, that already have, or shall hereafter, having been taken,
make their escape from his Majesty's enemies, and return to this Province ..419
A. D. 1751. 790- An additional and explanatory Act to an Act of the General Assembly of this
Province, entitled "An Act for the better ordering and governing negroes
and other slaves in this Province ;" and for continuing such part of the
said Act as is not altered or amended by this present Act, for the term
therein mentioned 420
A.D. 1754. 822. An Act to prevent the inveigling, steaUng and carrying away negroes and
other slaves in this Province ; and to prevent the carrying- away of schoo-
ners or Pettiaugers; and also, for repealing so much of an Act entitled
"An Act for the better ordering and governing of negroes and other slaves
in this Province," as rektes to the time within which offenders that are
apprehended shall be tried ; and giving the justices and freeholders a
a power to postpone tha trial of such offenders 426
TABLE OF CONTENTS. ix
A. D. 1776. No. 1025. An Ordinance to direct the manner of procuring negroes to be employed in
the pubhc service 428
A. D. 1787. 1372. An Ordinance to impose a penalty on any person who shall import into this
State any Negroes, contrary to the Instalment Act 430
A. D. 1788. 1389. An Act authorizing persons having in their possession, or taking up, runaway
slaves, to send them to the gaols of the districts where they may be appre-
hended, and not to the Work-house of Charleston ,. . . .430
A. D. 1792. 1544. An Act to prohibit the importation of slaves from Africa, or other places beyond
sea, into tiiis State, for two years ; and also to prohibit the importation or
bringi.is: in slaves, or negroes, mulattoes, Indians, Moors or mestizoes,
bound I'br a term of years, from any of the United States, by land or by
water 431
A. D. 1794. 1605. An Act to revive and extend an Act entitled " An Act to prohibit the importa-
tion of slaves from Africa, or other places beyond sea, into this State, for '
two years ; and also, to prohibit the importation of bringing in of negra
slaves, mulattoes, Indians, Moors or mestizoes, bound for a term of years,
from any of the United States, by land or water.". 433
A. D. 1796. 1645. An Act to prohibit the importation of negroes, until the first day of January,
one thousand seven hundred and ninety-nine 434
1658. An Act more effectually to prevent shop-keepers, traders, and others, from
dealing with slaves having no tickets from their masters ; and for other
purposes therein mentioned 434
A. D. 1798. 1696. An Act to revive and extend an Act entitled " An Act to prohibit the importa-
tion of negroes until the first day of January, one thousand seven hun-
dred and ninety-nine," until the first day of January, eighteen hundred
and one 435
A. D. 1799. 1710. An Act to protect slaves belonging to third persons, from being distrained for
rent not due by them * .435
A. D. 1800. 1740. An Act further to revive and extend an Act entitled " An Act to prohibit the
importation of negroes until the first day of January, one thousand seven
hundred and ninety-nine, until the first day of January, one thousand
eight hundred and one," to the first day of January, one thousand eight
hundred and three 436
1744. An Act to prevent negro slaves and other persons of colour, from being
brought into or entering this State 436
1745. An Act respecting slaves, free negroes, mulattoes and mestizoes ; for erjforcing
the more punctual performance of patroU duty ; and to impose certain res-
trictions on the emancipation of slaves 440
A. D. 1801. 1756. An Act supplementary to en Act entitled " An Act to prevent negro slaves
and persons of colour from being brought into or entering this State " 444
A. D. 1802. 1787. An Act to alter and 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 447
A. D. 1803. 1811. An Act to alter part of an Act entitled "An Act respecting slaves, free ne-
groes, mulattoes and mestizoes; for enforcing the mofe punctual perform-
ance of patrol duty; and to impose certain restrictions on the emancipation
of slaves " 448
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 per-
sons of colour ; and for other purposes therein mentioned 449
A. D. 1816. 2107. An Act to prohibit the importation of slaves into this State from any of the
United States ; and forother purposes therein mentioned 451
A. D. 1817. 2135. An Act to increase the penalties vrhich are now by law inflicted on persons
who deal or trade with negro slaves, without a license or ticket from their
master or owner, or the person having charge of them 454
2141. An Act to amend an Act entitled "An Act to prohibit the importation of
slaves into this State from any of the United States ; and forother purposes
therein mentioned." ■ 455
A. Dl 1818, 2195. An Act to repeal the Act passed at December Session, in the year one thousand
VOL. VIL— B.
A. D. 1820.
2236.
A. D. 1821.
2254.
A. D. 1822.
2277.
A D.1823.
2319.
A. D. 1825.
2361.
A.D. 1831.
2528.
A. D. 1834.
2639.
A. D. 1835.
2653.
TABLE OF CONTENTS.
A. D. 1818. No. eight hundred and sixteen, and the amendatory Act thereto, passed at
December Session, one thousand eight hundred and seventeen, prohibiting
and restricting the bringing of Negroes into this State from the sister
States 458
An Act to restrain the emancipation of slaves, end to prevent free persons of
colour from entering into this State ; and for other purposes 459
Ah Act to provide more effectually against the offence of harbouring negro
or other slaves 460
An Act for the better regulation and government of free negroes and persons
of colour ; and for other purposes 461
An Act the more effectually to prohibit free negroes and persons of colour
from entering into thi.*" State; and for other purposes 463
An Act to amend " An Act the more effectually to prohibit free negroes and
persons of colour from entering into this State ; and for other purposes. "..466
An Act concerning free persons of colour and slaves ; and for other purposes.. .467
An Act to amend the laws in relation to slaves and free persons of colour. .... .468
An Act more effectually to prevent free negroes and other persons of color
Irom entering into this State ; and for other purposes 470
ACTS RELATING TO RIVERS.
A. D. 1714. ^''^- ^" ^^t f*"" cutting, clearing and making a convenient Creek or Water-course
through that part of the land belonging to Mr. John Jones, commonly
called the Hallover 475
A. D. 1717. 2'^- ^^ ^ct 10 impower Commissioners to make one or more Cuts or Creeks in the
parish of Christ Church, for the more convenient transporting of the goods
carried by water to Charlestown, of tne persons within the limits therein
mentioned 477
A. D. 1719. ^^^- ^" ^^^ f°'" cutting and clearing a Creek from the head of the Black river,
over against the landing of Maj. David Durham, to the bridge near the
plantation of Capt. Roger Moore, in the parish of St. James Goose Creek.. 479
A.D. 1726. 417. An Act for cutting and clearing a Creek, commonly called Biggon Creek 481
A. D. 1734. 5^2- ^" '^ct for clearing and cleansing and making navigable the head of Ashley
river, from the bridge commonly called Waring's bridge, to the bridge com-
monly called Stevens's bridge, and from the said bridge to Dorchester
bridge, and from thence to the plantation of Samuel Wragg, Esq., inclusive. 482
A D 1738 ^^*'- ^^ Act for clearing and opening the several Creeks, Cut-offs or Water-passages
therein mentioned; and for regulating the boats and pettiaugers going
through the same 486
647. An Act for clearing, cleansing and making navigable Black river, and for keep-
ing the same open and navigable, from the narrows, inclusive, to the West-
ern boundary of Williamsburg township 489
A. D. 1740- ^^2. An Act to cut and sink Drains and passages into the North and West branches
of Stono river 492
A. D. 1742. 694. An Act to amend and to supply certain defects in the Laws now in being, for
cutting, clearing, cleansing and making navigable the several Creeks, Cut-
offs and Water-passages in this Province 497
A. D. 1751. 783. An Act for amending an Act entitled An additional and explanatory Act to an
Act entitled An Act to empower the several Commissioners of the high-
roads, private paths, bridges, creeks, causeways, and clearing of water
passages, in this Province of South Carolina, to alter and lay out the same,
for the more direct and better convenience of the inhabitants thereof. . . . .501
A. D.1753. 812. An Act for making Black rivejr navigable, from the Western boundary of the
Township of Williamsburgh, down to the Tideway, as far as the place
commonly called the Narrows 503
813. An Act for appointing and impowering Commissioners to make the Wateree
river navigable, and for laying out and making a road from the upper settle-
ments, near the Catawba nation, on the North-east side of the said Wateree
river, to the place on Santee river, commonly called Beard's ferry, and
from thenc« 19 the rgad leading from the Congrees to Charlestown 504
TABLE OF CONTENTS. xi
A. D. 1754. No. 820. An Act for repealing such parts of an Act entitled "An Act to cut and sink
Drains and Passages into the North and West branches of Stono river,"
as relate to the West branch of Stono river ; and to impower the Commis-
sioners therein named, to cui and sink Drains and Water-passages into the
said West branch of Stono river, and to cut and sink a Drain or Water-
passage in the Swamp called Basford's Swamp, in the parish of Saint
Bartholomew 506
823. An Act for ascertaining the district for cutting, cleansing and keeping in repair,
the Creek or Cut commonly called the Hawlover 509
A D. 1756. ^'^^- An Act for cleansing, clearing and making navigable the head of Ashepoo
river, from Ashepoo bridge to the Fish Pond bridge; and for cltansing,
clearing and making navigable Checliessey creek, from the mouth of the
same to the Public Landing, known by the name of Chechessey Landing ;
and for appointing commissioners for clearing the Horse Shoe creek, in the
room of those who are dead 510
A.D. 1768. 969. An Act to appoint Commissioners to lay out, cut, sink, maintain, anl keep in
repair, several Drains or Water-passages, to carry off the waters falling into,
and for draining the swamp called Cawcaw swamp, and the lands at the
head thereof; also to appoint Commissioners to lay out, make, and keep in
repair the Roads therein mentioned, in the parishes of St. Luke and St.
St. Peter; and for making and keeping in repair a drain on Cypress
swamp, from Bacon's bridge to the plantation of Robert Eckles 513
A. D. 1777. 1041. An Act for clearing and making navigable Edisto River, and the forks or
branches thereof 519
1045. An Act to appoint Commissioners for opening and enlarging the communica-
tion between Ashley and Stono rivers, and for clearing and deepening
New Cut 521
A. D. 1778. 1068. An Act for clearing and making navigable Tulifiny creek, from the bridge
known by the name of the Tulifiny bridge, to the Mill-dam of Barnard
Elliott, Esq 523
1069. An Act for opening the navigation of Lynch's and Clarke's creeks, and ap-
pointing Commissioners for superintending the same 523
1104. An Act to oblige all male inhabitants, from sixteen to sixty years of age, resid-
ing on or near Waccamaw river, to work on and lay open the navigation of
the said river, and for appointing Commissioners for carrying this Act into
execution 524
A D. 1779. 1139. An Act to appoint and empower Commissioners to lay out, cut, sink, clean,
and keep clean and in repair, a Cut or Water-passage, from Ashepoo river
to Pon Pon river, and from Ashepoo river to Cheehaw river ; and for other
purposes therein mentioned 525
A.D. 1783. 1169. An Ordinance to oblige the male inhabitants, from sixteen to sixty years of
age, residing in the upper districts of All Saints and Prince George's
parishes, on or near Waccamaw river, to work on and lay open the naviga-
tion of the said river; and for appointing Commissioners for carrying the
said Ordinance into execution 527
1182. An Ordinance to empower Commissioners therein named, to cut and sink
Drains and Water-passages in the swamp and Savannahs formed by the
North-east branch of Stono river 528
A. D. 1784. 1226. An Act to prevent the daming up Broad, Saluda, Pacolate, Tyger, and Enoree
rivers, and Stevens's creek, or otherwise obstructing the Fish from passing
up the said rivers ; and to oblige such persons who have already darned
or otherwise obstructed the passage of Fish in said rivers, to open the said
dams or obstructions, so as Fish may pass 531
1243. An Ordinance to appoint Commissioners for clearing Wall's Cut, Edisto,
Wateree, Great and Little Pedee rivers 531
1244. An Ordinance to empower Commissioners therein named to cut and sink
Drains and Water-passages in Cacaw swamp, St. Paul's parish 533
A. D. 1785; 1249. An Ordinance to oblige the male inhabitants from sixteen to sixty years of age,
residing within four miles of Black river, in Georgetown district, to work
on and lay open the navigation of the said river, and for appointing Com-
missioners for carrying the same into execution SSfV
1283.
A. D. 1786.
1316.
1334.
A. D. 1787.
1349.
XII , TABLE OF CONTENTS.
A. D. 1785. No. 1273. An Ordinance to amend an Ord-nance entitled " An Ordinance to lempowei"
Commissioners therein named to cut and sink Drains and Water-passages
in the swamp and Savannahs formed by the North-east branch of Stono
river," passed the sixteenth day of March, one thousand seven hundred
and eighty three ; also to amend an Ordinance entitled " An Ordinance to
empower Commissioners llierein named to cut and sink Drains and Water-
passages in Cacaw swamp, St. Paul's parish," passed the twenty-sixth day
of March, one thousand seven hundred and eighty-four 536
An Ordinance for clearing Edisto, Wateree, Great and Little Peedee rivers.
Broad and Saltcatcher rivers 538
An Act to establish a Company for the Inland Navigation from Santee to
Cooper river 541
An Ordinance for improving the navigation of Goose Creek, in Charleston
district, aad for better draining the low lands in its vicinity 543
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 the latter 545
1354. An Ordinance for appointing Commissioners for cleansing, cle»ring and making
navigable Chechesey creek, in the room ot those who are dead, with au-
thority and powers coniained in the Act of the General Assembly, for
cleansing, clearing and making navigable the said creek, passed the nine-
teenth of March, one thousand seven hundred and fifty-six 548
1355. An Act to establish a Company for the opening of the Navigation of the
Catawba and Wateree rivers 543
1361. An Ordinance to empower Commissioners therein named, to cut and sink
Drains and Water passages in the swamps and Savannahs formed by Wan-
nell's otherwise called Cuckold's creek, a branch of Combahee river 551
1379. An Ordinance for opening the navigation of Lynch's and Clark's creeks, and
' also of Black creek, anu appointing Commissioners for superintending the
same ; 554
An Ordinance to appoint Commissioners for opening Wall's Cut 556
An Ordinance for opening the navigation of a creek called the 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. 557
An Act to establish a Company for opening the navigation of Broad and Paco-
let rivers .- 558
An Ordinance to oblige all 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 river
to Black Mingo bridge, and for appointing Commissioners for carrying the
same into execution 560
An Act for opening and improving the navigation of Great Peedee, Wateree,
Congaree, Broad river. Savannah, Keowe, Tugaloo and Black rivers,
Lynch's, Black, Jeffries and Catfish creeks 561
An Act for opening the navigation of Pinetree creek, from the mouth of said
creek to the fork; thereof, near Camden 565
An Act to enable the Commissioners therein appointed, to clear out 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 swamp, to
the junction of the two branches of the said swamp, at the plantation
known by the name of Gilkicker's ; for opening Lowdcr's Lake ; and for
other prrposos therein mentioned 566
A. D. 1795. 1616. An Act to authorize the Commissioners therein appointed, to clear out and
remove the obstructions in the river Savannah, between Vienna and Camp-
belton, and the town of Augusta ; and to draw a Lottery or Lotteries for
that purpose 669
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.. 570
A. D. 1788.
1402.
1403.
1419.
A. D. 179C.
1485.
A. D. 1791.
1505.
A. D. 1794.
1596.
1603.
TABLE OF CONTENTS. • xiii
A D. 1795. No. 1624. An Act to alter and amend an Act entitled "An Act to enable Commissioners
therein appointed to clear out 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 swamp, to the junctmn of the two branch-
es of the said swamp, at the plantation known by the name of Gilkicker's ;
for opening Lowder's Lake ; and for other purposes therein mentioned ;"
passed on the twentieth day of December, in the year of our Lord one
thousand seven hundred and ninety-four 574
A. D. 1796. 1640. An Act to open and keep in repair a Canal, to lead from Rogers's Lake into
Peedee river 575
A. D. 1801. 1760. An Act to repeal the Act entitled "An Act to establish a Company for the
opening the navigation of Broad and Pacolet rivers." 576
A. D. 1805. 1857. An Act to open the navigation of certain rivers therein mentioned, and for
cutting a Canal across North Island 577
A. D. 1809. 1959. An Act to establish a Company for the mland navigation from Sampit into
Santee, and from Santee into Cooper or Wando river 580
A.D. 1813. 2036. An Act appoinling Commissioners to lay out and make a Portage at Lockert's
Shoals in Broad river 582
A.D. 1815. 2080. An Act to improve and extend the navigation of Black river 583
2091. An Act to alter and amend an Ordinance entitled " An Ordinance to empower
Commissioners therein named, to cut and sink Drains and Water Passages
in the Swamp and Savannahs formed by the North-east branch of Siono
river," passed on the sixteenth day of March, in the year one thousand
seven hundred and eighty-three 587
A.D. 1817. 2161. An Act to suspend an Act entitled "An Act to improve and extend the navi-
gation of Black river" , 588
Index 589
STATUTES AT LARGE.
ACTS RELATING TO THE CITY OF CHARLESTON.
AN ACT FOR CLEARING THE LoTTS AND STREETS OF ChARLES ToWN, No. 25.
AND FOR THE SETTLEMENT AND REGULATION OF A NiGIIT WaTCH IN
THE SAID Town.
WHEREAS, Charles Town, within this Province of Carolina, is ^^^ ^^^^^^^^^^
chief Port Town and place of resorte and trade, and it being therefore
requisite to use all fitting methods that may be most conducive to the pre-
servation of the good ayre thereof, and for making the same more com-
modious for the inhabitants of the said town, and for strangers and others
passing and repassing with their goods and chattels, in and through the
same —
I. Be it fherefore enacted, by his Excellency William Earle of Craven,
Palatine, the true and absolute Lords and proprietors of the said P^'o^ince, j^'^^J^e^'^l^^nd^
and by the Commons of tlie same, now assembled in Parliament, and by ed,
the said authority it is enacted, That from and after the day of the open
ratification of this Act, all and eveiy owner and owners, possessor and
possessors, of any lott or lotts, parte or partes of lotts or lottes, on which is
or are any house or houses, tenements or buildings, now erected and built
within the circuit limits and bounds of the said town, shall, within the
space of two calender months, at his or their costs and charges, clear out
and remove out of their said respective lotts and grounds, all bushes, young
pines and weeds, therem standing and growing; and every individual!
owner and owners, possessor and possessors of such houses, tenements
and buildings as aforesaid, shall, within the said space of time, also clear,
slubb upp and remove all bushes, stumpes, young pines, and weeds, or
cause the same to be cleared, stubbed upp and removed, (JUt of one half
of the breadth of the street, fronting the respective fore-dores of their
said houses and buildings within the said town ; all which bushes, stumps,
young pines and weeds, being so by them cutt down, stubbed upp and
removed, the said owners and possessors of houses above mentioned, shall
burne, keep under and suppress, from tyme to lyme; and if any such
owners or possessors of houses as aforesaid, shall neglect to yield his er
their full obedience to this Act, such person or persons, being duly con-
victed before any two justices of the peace of the said Province, or before
the grand councill, shall pay unto the Sheriff" of the county of Berkley,
VOL. VIL— l"
2 STATUTES AT LARGE
A. U. 1685. Acfs relating to the City of Charleston.
Penalty for Of his deputy for the tyme being, tenn shilHngs in good and current money,
.3glect. oj. x\\e value thereof in good merchantable cnrne, pease, beef, poik or tarre,
at the market price, for every fourteen days he or they shall make such
ueo-lect as aforesaid, to be levyed by distress, appraisement and sale of the
offender's goods, by warrant, under the hand of some justice of the peace
of this province, directed to the constable of that division or precinct of
the town vvhereiti the offender lives, the said coijstable rendering to him
the overplus; and in case the said constable or officer shall, upon his
warrant, returne that he can find noe effects belonging to the said offender
wherewith to make a distress, then the grand council, or the said justices
of the peace, shall and may inflict such other punishment, of imprison-
ment or otherwise, as in their wisdoraes they shall think fitt.
IL And it is enacted by the authority of this Parliament, That the said
Fines how dis- siie,iff of Berkley county shall, in his accounts, charge himself with
posed o . whatsoever penaltyes or forfeitures he shall or may receive by virtue of
this Act, which penaltyes, forfeitures and moneys in his hands as aforesaid,
shall be employed towards the public service of the said province, as the
grand council shall direct.
III. And whereas, the ])eace and good weall of this Province and town,
A Watch to be Jepends much upon the orderly government thereof, and particularly on
raised. ^.j^^ settlement of a constable's watch in the night, during great part ot the
yeare. Be it therefore enacted, and it is enacted by the authority aforesaid.
That the two constables and their deputie constables for the tyme being,
dwelling in and ap]:)ointed for the said town, fi-om and after the ratifica-
tion of this present Act, doe take an exact list role of all the householders,
masters and mistresses of families, and freemen lodgers, within the said
town, and who have dwelt and continued therein the space of three months^
at the publication of this Act, and of their respective dvyellings, and of
the owners of empty houses who doe not live in the said town ; whose
persons and habitations and said empty houses, being distinguished by
lott or other agreement among them, into four divisions, partes and pre-
cincts, and each constable and deputie constable, having an appointment,
by mutuall agreement between them, of his respective division, shall give
or send due and tymely notice to every house-holder, lodger and freeman
of the said town, having continued therein the space of three months as
aforesaid, (whose turne it shall be to watch) of his or their (or their servants
oi substitutes) tyme of guard and watching.
IV. And he it enacted, and it is enacted by the authority of this Parlia-
Hours of ment, That the said constables and deputy constables of Charles Town
Guard. aforesaid, so long and during such tyme as the grand councill shall direct,
shall, every night, in their respective several turnes, summons to his and
their assistance the number of six persons as watchmen, l)eing inhabitants
within iiis precinct and limits as aforesaid ; each of which constables and
deputy constables shall, in his respective turne, with his said watchmen,
set a guard in the said town, which shall continue from the houre of tenn
at night, until! half an houre before sunn rising in the morning ; and the
said constables shall take such care with attending to their duties, and the
charge given them by the general council], or two justices of the peace or
meml^ers of the grand councill [as] on them shall be incumbent.
V. And to the end, the said constables and deputy constables may not
be without his appointed number of watchmen, and for the greater ease
be'found!''^ '° of many poor tradesmen, laboringmen, freemen, dwelling in the said town,
complaining of their frequent watching, to their great disturbance and
hinderanceln their callings, Beit therefore enacted, and it is by the authority
OF SOUTH CAROLINA. 3
Acts relating to the Citij of Charleston. A. D. 1685.
of this present Parliament inacted, That all house-holders, and masters and
mistresses of families, holding wholl or parte of lotts whereon houses are
built in the said town, and all single persons being freemen and lodgers, hav-
ing been three months in the said town, and all owners of houses empty in
the said town, shall, by themselves, substitutes or servants, in respect of their
houses and lodgings, watch in their due course, and attend the constable,
or the chief of tiie watch, for the tyme appointed by the said constable,
(they having due warning as aforesaid,) soe long, and at such houres in the
night and morning, as is above mentioned, on the paine and penalty ofDefaulters,
payment to the constable or deputy constable of the division or precinct ''°^^'^^*''^'^'''^-
to which he belongeth, the sum of fifteen pence for each night any such
person shall not watch, having had such notice as aforesaid ; and the said
constable and deputy constable shall return the names of the defaulters
in their respective divisions, to any member of the giarid council or justice
of the peace, who shall cause a warrant to be issued out for the distress,
appraisement and sale of the defendant's goods, returning him the over-
plus, (if any ;) and if there shall be noe effects to be found within the said
constal)les' precincts, of the person or persons making default, or refusing
as aforesaid, then the said offending person or persons shall receive such
punishment, by imprisonment or otherwise, as the members of the grand
councill or justices of the peace aforementioned shall direct.
VI. And it IS further enacted by the authority aforesaid. That all the pj„gg i j-
said forfeitures and pairaents of fifteen pence for every night's default, posed'of.
shall be paid unto the constable and deputy constable in whose precinct
the said default is made, towards and for the reimbursement of his charge
of finding and procuring another watchman serving in the room of the
said defaultei".
Provided always, and it is enacted, that if any of the said constables shall
unduly, and contrary to his course and turne, oblige any man to watch as offemUiT^r
aforesaid, that every such constable offending, being duly convicted by
manifest proofs before the grand council or any one member thereof, shall
pay to the party grieved the sume of two shillings and six pence for every
night he shall have watched (by the said constable's notice) irregularly
contrary to the intent and meaning of this Act.
Provided always, that it shall and may be lawful to and for the said
constables, or any of them, after he shall have sett his night watch and
guard as aforesaid, (unless in tymes of apparent perill and hazard, or that
he be otherwise commanded,) to appoint and charge one of his said watch-
men duiing his night, as chief of the said watch, during the said consta-
ble's absence, so as the said constable in his person discharge and dismiss
his said guard in the morning.
Provided always, and it is enacted. That this Act shall continue the
space of twenty three months, and no lono-er.
Read three times, and ratified in open Parliament,
this eleventh day of Aprill, 1685.
JOSEPH WEST,
JOHN MOORE,
JOHN GODFREY,
MATHEW MATHEWS,
PAUL GRIMBALL,
STE. BULL,
JNO. BOONE,
ROBERT QUARRY.
^STATUTES AT LARGE
Acts relutmg to the Citi/ of Charleston.
AN ACT for the clearing the lotts and streets of Charles Town, and ibr
the settlement and regulation of a Night Watch in the said Tovvne.
(This Act beinr merely a re-enactment, fur 23 months, of No. 25, which had expiied, it ia
thought useless to reprint it. Passed Feby. 28, IGii?.)
No. 50. AN ACT for the settling and continuing a Watch in Charles
Town.
FORASMUCH, as in this time of warr and eminent danger, it is ne-
cessary and convenient that there he a due and faithful watch constantly
kept in Charlestown —
I, Be it therefore enacted by his Excellency, William, Earle of Craven,
^ , . , Pallatine, and the rest of the Lords and absolute proprietors of this Pro-
Guard to be . ,-,.,, , . 1 p 1 /-I • ..I •
furnished. vince, by and with the advice and consent of the Commons m this present
Parliament assembled, and it is enacted by the authority of the same.
That the constables of Charles Town afoiesaid, are hereby required to
summons six of the masters of families, or freemen dwelling or inhabiting
in any house in Charles Town, to come or send one able man, with a gun
well fixt, and six charges of powder and ball, to attend the constable or
his deputy every night, to keep a watch in the said town ; and all mis-
tresses of familys are required to send a man armed as aforesaid, in their
respective turne; and in case the master, mistress or freeman, as afore ex-
pressed, shall refuse or neglect to come or seiid a man as aforesaid, to
watch when it shall come to his or their turne or turnes, shall forfeit for
every such offence or default, the sum of fifteen pence current money of
this Province, for eveiy night he or they shall make such default or de-
faults ; and on the person or persons refusall to pay the fines or forfeitures
as aforesaid, the constable shall, by a warrant from any justice of the
peace, levy and distrain the same upon his or their goods and chatties; and
if the person committing such default as aforesaid, be an inmate only in the
said town, if he refuse to pay the forfeitures as aforesaid, then the justice
of the peace, upon the oath of the constable, shall commit the body of the
person so defaulting to prison, untill he shall pay the forfeit as aforesaid.
IL And it is herchy enacted, That all dwelling houses in Charles
?eatt"whh.''"''' Towne, that at present are, or hereafter shall be, without inhabitants, the
owner or owners of such house or houses shall find one man to watch for
each house, as often as it shall come to his or their turne, or forfeit the sum
of fifteen pence current money of this Province, for every such default or
defaults ; and upon his or their lefusal to pay the sum or sums of money
so forfeited, the same, by a warrant fiom any justice of the peace of this
county, shall by the constable be levyed and distrained of the goods and
chattels of the party so defaulting ; and the constables of Charles Town
shall and are hereby required without fail to keep a due and faithful and
constant watch in the said towne, and of them, every one or his deputy,
by turns, with such number of persons to assist him as is before provided
by this Act ; and if the said constables, or any of them, refuse or neglect
to keep a due and constant watch as aforesaid, then the said constable or
constables so offending, shall fofeit for every such offence and offences, the
summ of ten shillings, being thereof convicted before any justice of the
OF SOUTH CAROLINA.
Acts relating to the Cittj uf Charleston.
peace of this county, the one half to the informer, the other hnlf to the
poor people of Charles Tovvne, to be disponed of by the discretion of the
said justice.
Read three times and ratified in open Parliament,
this twenty-second day of Dccevibcr, 1690.
SETH SOT HELL
JOHN HARRIS.
G. MUSCHAMP,
JOHN BERESFORD.
AN ACT TO PUEVENT SwrXE (VOING LOOSE OR AT LARGE, IN OR AI'.OUT No. 86.
Charles Town, and to prevent nusances.
Preamble.
WHEREAS, of late great numbers of swine of all sorts have been
accustomed to go loose in or about Charlestovvn, to the prejudice and
(Treat annoyance of the inhabitants of the said town ;
"" I. Be it enacted, by his Excellency William Earl of Craven, Palatine,
and the rest of the true and absolute Lords and Proprietors of this Pro- No swine to go
vince, by and with the advice and consent of the rest of the members ofl?,"^;:,J,"j^„n.
the General Assembly, now met at Charlestown, for the South-west
part of this Province, and it is enacted by the authority of the same,
That no person or persons whatsoever, shall or do, from and after ten
days after the ratification of this Act, suffer or permit his or their swine,
of any sort whatsoever, to go loose or at large within the bounds of
Charlestovvn, or the limits thereof, as it is bounded in the model of the
said town upon record in the Surveyor General's office, upon the penalty Penalty,
of the forfeiture of all such swine, or paying the sum of five shillings,
current money, for each swine, to him or them that shall kill or take up
and proclaim the same.
IL And be it further enacted. That from and after the said ten days, it
shall and may be lawful for all and every person or persons whatsoever, ^^^^ ^^ j^.,j^^j_
(except slaves) to kill, or take and carry away, alive or dead, all or any
swine going loose or at large, in or about Chailestown ; itrovided ahoays,
and it is he'i-eby declared, that every person or persons, so killing or taking
and carrying away such swine, do, within one hour after such swine is
killed, or within twelve hours after such swine is taken and carried away
alive, cry, or cause to be cryed, in four several and usual places in
Charlestown, all and every such swine, and at the same lime proclaim
their ear-marks, and whether they be dead or alive, and in what house or
place they are in. , .„ ,
IH. And be it further enacted by the authority aforesaid. That if the
owner or owners of any swine that shall or may be killed, or taken and pj,jg_
carried away alive, and cried in Charlestown, in manner aforesaid, do not,
within two hours after the crying or proclaiming such swine, if the swine
be dead, or within twelve hours if the said swine be living, come and
challenge his or their swine, or challenging his or their swine, do refuse
to pay him or them that shall have killed, or taken and carried away alive,
6 STATUTES AT LARGE
A. 1>. lf.02. Acfs relating to the City of Charleston.
and proclaimed his or their swine, in manner aforesaid, the sum of five
shillings, current money, for each swine, it shall and may be lawful for
him or them that killed or carried away alive, and proclaimed the said
swine, to convert all and every such swine to his oi their own use forever.
IV. Provided always, and he it enacted by the authority aforesaid. That
Proviso. neither this Act nor any thing therein contained shall extend to any sort
of swine in Charlestown, that aie constantly kept in sties, or within fences
or inclosuies.
V. And for the avoiding of nusances. Be it further enacted by the
Nuisances authority aforesaid, That all and every person inhabiting within the limits
aforesaid, shall and do, from time to time, cut down and destroy the weed
commonly called the stinking weed, and all other noisome weeds that
shall or may heieafter grow and be in his or their lot or lots, or bounds of
their several places of habitations, and in the streets before the same.
VI. And tiiat no person or persons whatsoever, do keep any bouse or
houses of ease within the said linjits, to the annoyance of any person or
persons whatsoever, inhabiting or passing to and fro in Charlestown afore-
said, under the penalty of being indicted for any of the said offences at
the sessions ; and being convicted thereof by verdict of jury, shall pay
such fine or fines as the justices of the general sessions or gaol delivery
shall think fit, not exceeding the sum of five pounds, current money of
^ this Province.
Read three ti7n.cs and ratified in open Assembly, October 15, 1692.
RICHARD CONANT, (L. S.)
JOSEPH BLAKE, (L. S.)
PHILIP LUDWELL, (L. S.)
THO. SMITH, (L. S.)
PAUL GRIMBALL, (L. S.)
No. 133. AN ACT to appropuiate the Moneys raised and to be raisep by
AN imposition ON LlQUORS, &C. IMPORTED INTO, AND SkINS AND
FURRS EXPORTED OUT OF THIS PART OF, THIS PROVINCE, TO A FORTI-
FICATION IN CiiAiJLEs Town.
Sec. I. IT. III. IV. Not to he found.
V. And for the better security of shipping at anchor in this harbour,
No person to and for the prevention of staving and wrecking of boats and canoes, lying
fling over bal- alono- the bay of Charlestown, by means of rock-stones, ballast and other
KisllaYoT^^'^"'^^^^ ^^^'"Ss. -Be /^ enacted by the authority aforesaid. That from and
after the ratification of this Act, no master or other officer belonging to
any vessel, or any other person, shall presume to cast or throw over board
in any part of this haibour, any manner of ballast, or other matter what-
soever, which may or can be any ways offensive to the said harbour, in
Nor let ballast respect of cables or otherwise, upon the penalty of five pounds for every
lie below the ^^^^^ offence ; and also that no master or other person shall lay and let lie
days ^ any ballast on shore at any place before Charlestown, below the line on
OF SOUTH CAROLINA. 7
Acts relating to the City of Cliarhston. A. 1). 1696,
which the wharff-wall is to be built, above ten days, under the pain and
forfeiture of ten shillings for eveiy twenty-four hours such ballast or other
offensive matter shall be suffered so to lie after the said ten days, to be
paid by the master of the said vessel out of which such ballast shall come,
if the same be not sold, otherwise by the person that hath bought the
same ; j^^'^vided, that it shall and may be lawful for any master or other
person to lay and put on shore any quantity of ballast whatsoevor, (above proviso.
the watei'-mark at half tide, as it is described by two cedar stakes for that
end set up,) right against the end of the broad-street called street,
which is hereby ajjpointed the ballast-wharf of this harbour ; all which
fines and forfeitures in the next foregoing clause, shall be recovered by
warrant from the admiral, vice-admiial, or any assistant iudge of the f '"^^^ ", '"''"
. , ' 111 -^ ^ . feituics now to
court, in the same manner as ni the Act for small and mean causes is pro- bo recovered.
vided ; the one half of all which forfeitures shall be for and towards the
building of the fortification, and the maintenance and reparations thereof,
and the other half to him or them that will sue for the same.
Read three times, and. ratified in open Assembly, March 16, 1696.
JOHN ARCHDALE, (L. S.)
JOSEPH BLAKE, (L. S.)
JOSEPH MORTON, (L. S.)
STEPHEN BULL, (L. S.)
THOMAS GARY, (L. S.)
JAMES MOORE, (L. S.)
JOHN BERESFORD, (L. S.)
WILLIAM HAWETT, (L. S.)
AN ACT FOR SETTLING A WaTCU IN ClIAIlLES ToWN, AND FOR PRE- Vt . ^r,
^ No. 162.
VENTING CF l' IRES.
FORASMUCH, as the constables have been very remiss and neslisent
m keeping the watch in Charlestowne, which att all times ought to be Preamble,
duly strictly observed and performed, more especially since the late fatal and
dismal conflagration, and for the better preservation of the said town, and
for keeping good orders and a more careful and strict watch therein,
I. Bee it enacted by his Excellency, John, Earl of Bath, Palatine, and the
rest of the true and absolute Lords and proprietors of the Province of Caro-
lina, by and with the advice and consent of the rest of the members of the
General Assembly, now mett at Charles Town, for the South-west part of
this Province, And it is enacted, by the authority of the same, That the con- [ jj,. ^j- ^^^^
stables in Charlestown shall, sometime within tenn days after the ratification inhabitants to
of this Act, make a list of all the men's names inhabiting in the same, which ^^ made,
are above sixteen years old and under sixty, and the same to the Right
Honorable the Govei'nor, or whom he shall appoint, return and present,
which shall be under their hands and seals, and by them be attested to be a ''^''^ 'Jj'' ^ "^'S^"
true and perfect list; of which list, beginning with the first names thereof,
the constables aforesaid shall summon six men, well equiped with arms
and ammunition as the Act of militia directs, to keep watch with him
STATUTES AT LARGE
A. D. 1C9G.
Defaulters.
Constables
duty.
Negroes to be
taken up.
Acts relating to ike C'dij of Charleston.
or them, or their deputys, in said town, from the hour of eight at night to
the hour of six. in the morning, from the tenth clay after the ratification of
this Act to the tenth day of INIarch following; and from the hour of nine
at night, to the hour of four in the morning, from the tenth day of March
to the tenth day of September following, yearly, each person in his turn
as they are sett down in the said lyst; and in times of eminent danger, the
Right Honorable the Governour, or the Governour for the time being, or
any by hiin appointed, have power to double the said watch when they
shall see occasion; and if it shall so happen, one or more persons should be
sick, that usually and generally watches in person, when it comes to his
or their turns to watch, the constable or his deputy shall summons the
next person in the list, to fill up his or their room ; and when all the per-
sons in the said list have watched one round, or sent an able man in his
room, then the first person in the said list to begin again, and so in or;ler ;
and every person which after summons to watch or send one able man in
his room as aforesaid, he or they that so neglects or refuseth, shall forfeit
two shillings and six pence, to be levyed by warrant under a justice's hand
and seal, directed to a constable; and as often as a constable shall make
return upon oath that he cannot find effects upon which to execute said
warrant, any one justice is hereby empowered to commit such person or
persons to gaol till payment be made ; and every constable which shall or
doth neglect or refuse, either by himself or his deputy, to summons such
persons as in course ought to watch, or honestly to look after said
watch, to forfeit tenn shillings, for each neglect or refusal, to be levyed
as before ; and the forfeiture of each person which did neglect or
refuse to watch in his turn, and likewise the forfeiture of the constables,
shall be paid to the commissioners of the poor, by them to be given to the
poor; and the aforesaid constable shall have as the fees directs in the Act
of small and mean causes.
II. And whereas, several abuses has been committed by watch men, that
have pretended to have watcht for jiersons, before it comes to their turns.
Bee it therefore enacted by the authority aforesaid, That every con-
stable that doth put any watchman for any person or persons, as it
comes to his or their turnes, shall give the said watchman, the next day, a
noat to certify that he watcht fijr the said person ; and every constable
that refuseth to give any such noat to any watchman, that has duely watcht,
shall forfeit for each refusal, two shillings and six pence, to be levyed as
aforesaid.
III. And ichereas, negroes frequently absent themselves from their
masters or owners houses, caballing, pilfiring, stealing and playing the
rogue, at unseasonable hours of the nis-ht. Bee it therefore enacted, That
any constable or his deputy, meeting with any negro or negros, belonging
to Charles Town, at such unseasonable limes as aforesaid, and cannot give
good and satisfactory account of his business, the said constable or his de-
puty, is required to keep the said negro or negros in safe custody till next
morning, and then to bring the said negro or negros to their said master or
masters or owners of said slaves, and for so doing each master, masters or
owners, shall pay unto the said constable or his deputy, one shilling and
three pence for each negro.
IV. Bee it further enacted. That every person that hath in possession, or
doth own and claim any right, title or interest, to any lott or lotts, half-lotts
or lesser part of any lott or hjtls in Charles Towti, within a straight line
drawn from tlie head of MMJor DanicUs Creek, to the head of the marsh
OF SOUTH CAROLINA. 9
Acts concerning the Ctly of Charleston. A. 1). 1698.
going to the old Burial Place, where the commissioners hereafter shall Certain lottos
appoynt, some time within three months after the ratification of this Act, be cleurcd.
shall cut down and burn all young pine trees or pine bushes, and by the
root dig up all other sorts of bushes, brush, tall weeds, and underwood,
and the same burn or carry of, which are growing aind lying upon their
respective lott or lotts, or any lesser part of a lott, within the time appointed,
shall forfeit twenty shillings for each lott containing half an acre of land,
and so proportionably for every part of a lott, either greater or lesser than
half an acre, to be levyed by warrant of distress, under the hand a;rtd seal
of a justice of the peace, and given to the poor as aforesaid.
V. Whereas, there is great numbers of goats of all sorts, doth goe loos
in and about Charles Town, to the great prejudice of the inhabitants ofGoatsnotto go
the said town. Bee it further enacted, That no person or persons whatso- loose.
ever, shall or do, from and after thirty days after the ratification of this
Act, suffer or permitt his or their goats of any sort whatsoever, to goe loos
or at large, within the bounds of Charlestown or the limitts thereof, as it
is bounded in the model of said town, upon record in the Surveyor Gene-
ral's office, upon the penalty of the forfeiture of all such goats, or paying
the sum of five shillings current money, to him or them that shall kill or
take up and proclaim the same.
VI. And bee it further enacted, That from and after the said thirty days,
it shall and may be lawful for all and every person or persons whatsoever, jiay be killed.
(except slaves) to kill or take, and carry away, alive or dead, all or any
goats going loos or at large in or about Charles Town ; Provided always,
and it is hereby declared, that every person or persons so killing or taking
and carrying away such goats, do within two hours after such goats is
killed or taken and carryed away, cry, or cause to be cried, in four several
and usual places in Charlestown.
VII. And hee it enacted by the authority afoi-esaid. That if the owners
of any such goats that shall or may be taken, or killed, or carryed away
alive, and cryed in Charlestown in manner aforesaid, do not within two
hours after the crying and proclaiming such goats, come and challenge his
or their goats, making it appear it is his, do refuse to pay him or them,
that they shall have killed, or taken and carryed away alive, and proclaimed
his or their goats in manner aforesaid, the sum of five shillings current
money for each such goat, then it shall and may be lawful for him or them
that killed or carryed away alive, and proclaimed, to convert all and every
such goats to his or their own use for ever.
VIII. Provided ahvaijs, and be it enacted by the authority aforesaid. That
neither this Act nor any thing therein contained shall extend to any sort
of goats in Charles Town that are constantly kept in such inclosures that
are pailed in.
IX. Whereas, there are several houses of offices, or privy houses, which \i,isances.
are very offensive to the inhabitants in Charles Town, and for the better
preventing the same. Bee it enacted, That all persons inhabitants of said
town, that hath any such house of offices or privy houses, that are so
deemed by any two of the commissioners, shall, in two months from and
after the ratification of this Act, fill up and cover the same with dirt and
other rubbidge, so that the said nuzances may be prevented, under the
penalty and forfeiture of twenty shillings for each month they shall neglect
to fill up and cover the same, the penalty or forfi^iture to be levyed by
warrant from under the hand and seal of any justice of peace, the one
VOL. VII._2.
10 STATUTES AT LARGE
A. D. 1698. ^^.fg relating to the City of Charleston.
half to the informer, the other half to be delivered to the commissioners
of the poor, for the use of the poor.
X. And be it furthe?' enacted by the authority aforesaid. That every
person that fills up all such houses of offices or privy houses that shall be
deemed nuzances by any two of the commissioners aforesaid, when so
filled up, shall after so filling up and covered, keep tubbs or some other
small vessels, in their houses of offices, or privy houses, in order to pre-
venting of nuzances, and to empty them once a week, underthe penalty and
forfeiture of five shillings for every such offence, to be levyed by a warrant
from under the hand and seal of any justice of the peace, to the use aforesaid.
XI. And he it enacted, by the authority aforesaid, That no person or
r-i • „ I « persons whatsoever, after the ratification of this Act, shall build or cause
to be built. to be Duilt, any cnnnney m any place withm ihe limits oi Charles lown,
but such as shall be made of stone, brick, or both, without leave first had
and obtained from Mr. Jonathan Amory, Capt. William Smith, Capt.
Christopher Garrett, Mr. John Buckly and Mr. George Logan, or any
three of them, on penalty of five pounds upon him or them att whose
charge such chimney or chimneys shall be built.
XIL And he it likewise enacted, That any person owning by inheritance,
mortgage, or lease of seven years, any building in Charles Town, which
hath a wooden chimney, that is deemed or taken by the commissioners
last mentioned, or any three of them, to danger the firing the said building
or neighbours houses, the claimer or owner of such buildings or chimneys,
shall, within one month after notice given him or them by the said com-
missioners or any one of them, pull down or cause to be pulled down the
said wooden chimneys to the ground, and cause no chimney to be built in
the place thereof, but such as shall be made of stone or brick, on penalty
of five pounds for each default and neglect.
XIIL And hee it allso enacted and declared by the authority aforesaid,
Fires, That if any fire shall happen to break out in any part of Charles Town,
already built or hereafter shall be built in the said town, that the commis-
sioners aforesaid or any two of them, shall or may and hereby are em-
powered to give all such directions for the pulling down or blowing up
any such house or houses, that shall bee by them adjudged meet to be
pulled down or blown up for the stopping or preventing the further
spreading of the same ; and if it shall happen that the pulling down or
blowing up any such house or houses by the directions aforesaid, shall be
the occasion of stopping the said fire, or the fire stops before it comes to
the same, and not otherwise, then all and every owner of such house or
houses, shall receive satisfaction, be paid for the same by the rest of the
inhabitants in Charles Town, whose houses shall not be burnt, and the
commissioners are hereby empowered to make such rate or rates for the
raising and levying such sum or sums of money, as shall be thought con-
venient by the said commissioners; Provided all ways, that if that house
where the fire shall first begin and break out, shall be adjudged fitt to be
pulled down, to hinder the further spreading and increase of the same,
that then the owners of such house shall receive no manner of satisfaction
for the same, any thing in this Act or any other Act to the contrary not-
withstanding.
XIV, 5ee it enacted, by the authority aforesaid. That whereas there
is several complaints, that most of the inhabitants of Charles Town are
very negligent in not sweeping and keeping their chimneys clean from
sutt, which oftentimes occasions the firing the said chimneys, and so in-
dangers the firing of the said house or houses adjoyning to the same ;
OF SOUTH CAROLINA. 11
Acts relating to the City of Charleston. A. D. 1698.
Bee it therefore enacted by the authority aforesaid, That if any chimney Chimneys to be
or chimneys in Charles Town, after the ratification of this Act, happeji ''^P' '^'^''"
to catch or take fire, the person or persons living in the said house
or tenement, where the said chimney or chimneys that so catches or takes
fire, shall forfeit twenty shillings, to be levyed by a warrant fiom under
the hand and seal of any justice of tlie peace, one half to the informer,
the other half to be delivered to the commissioners of the poor, for the
use of the poor.
XV. Whereas, it is very necessary that there should be several lathers,
fire hooks and leather buckets, for the benefit of preventing the further en- Fire buckets
creasing and quinching of fires that may happen in any house or houses in^" "'° ^"
Charles Town ; Beeit therefore enactedhy the authority aforesaid, That within
ninety days after the ratification of this Act, there shall be levyed and
assest on all the houses and tenements in Charles Town, the sum of forty
pounds current money, each owner ami tenant of every house to be as-
sessed by the commissioners of the town as aforesaid, until the said sum of
forty pounds be raised ; and the said commissioners are hereby empowered
to assess and levy the same, each house and tenant to be assessed, accord-
ing to his value and ability, as the said commissioners shall judge ; and
when the said money is received by the commissioners, they, or any three
of them, shall lay out and buy for the only proper use of Charles Town,
six lathers of several sizes, fifty leather bucketts, and six fire hooks.
XVI. And further bee it enacted, that by the authority aforesaid, That
if there should be any money of the aforesaid forty pounds, left after the
aforesaid lathers, bucketts and fire hooks are bought, the remaining part
of said money so left, shall remain in the said commissioners's hands, to be
by them, or any three of them, laid out for the necessary and public use
of Charles Town, as the said commissioners, or any three of them, shall
deem convenient.
XVII. And bee it further enacted by the authority aforesaid. That
in case any of the commissioners, or any other hereafter appointed, shall Commissioners
depart this life or go out of this Province, the Governour for the time cn*^ j"^^^ '^"^
being is hereby empowered and authorized to appoynt another in his or
their rooms, which persons so named and appoynted, shall have the like
power as the aforesaid commissioners have, or shall have.
XVIII. Arid bee it allso enacted,, That no slave or slaves whatsoever,
from and after the ratification of this Act, shall fell, cutt, or carry away Slave cutting
^•1 ^1 1 • 1 • T_ • ./ ./ ^yQQ(] Qjj lands
any timber or other wood, growing, lying or being on any person or per- „qj f,jg ,„ggt.
son's land, (his master's or owner's land excepted,) without having with er'8.
him or them a tickett orlycense for their so doing, frotn the owners of the
said land, his attorney or assigns, on penalty, for every default, that it shall
and may be lawful for any person or persons whatsoever, to apprehend
any such slave or slaves, and him or them deliver into the custody of the
raarshall, who shall and may detain them in safe custody, till the owner
or claimer shall pay him five shillings for such slave, and six pence for
every day the said slave shall be in his custody, after the first day ; one
moiety of the same five shillings to be paid to the parly or partys that do
apprehend and deliver the said slave to the marshall, and the other moie-
ty to the marshall, if be whips the said slave, or in default thereof, that
moiety to be paid to the commissioners of the poor, for the use of the poor.
XIX. Bee it allso enactedhy the authority aforesaid. That if any slaughter
house, cattle penn, sheep pen.hogg styes, or other thing whatsoever, erect-
ed, lying or being in Charles Town, which the commissioners aforesaid
12
STATUTES AT LARGE
A.I). 1G98. Acts relating to the City of Charleston.
Nuisances. shall judge a nuzance, shall not be removed by the person or persons that
occasions the same, within tenn days after notice given him or them by
any two of the commissioners, shall forfeit forty shillings for each month
the said nuzance continues, to be reccn'ered by a w^arrant under the hand
and seal of any justice of the peace, one half to be paid to the commis-
sioners of the poor for the use of the pooi", the other half to the in-
former.
XX. Whereas, the streets in Charles Town, after rains, in many places,
Side Walks especially the most frequented parts of the said town, is then much over-
flowed with water, and makes it very unfit, ill convenient and unpassable ;
Bee it therefore enacted by the authority aforesaid. That every person or
persons living and dwelling in those streets, lanes and alleys, in that part
of Charles Town hereinafter mentioned, shall, within four months after
the ratification of this Act, shall mend and raise the breadth of the fronting
part of that lott which belongs to the house they live in, either in street,
lane or alley, with broken oyster shells, six feet upon a direct line into the
street, lane or alley, so that it shall be adjudged sufficient by the commis-
sioners aforesaid. And all such houses that bounds or butts on either said
streets, lanes or alleys, that no persons dwell in, then the owners of said houses
shall raise and mend their part of such lott as aforesaid ; and every person
or persons that shall neglect, for doing the same shall forfeit for each house
with that part of the lott belonging to the same so fronting, twenty shil-
lings, to be recovered by a warrant from under the hand and seal of any
justice of the peace, to be paid into the hands of the commissioners afore-
said, towards the niending the other parts of the streets, lanes and alleys
of Charlestown, as they shall think fitt and convenient. The streets, lanes
and alleys that are so to be mended, is butted and bounded as followeth :
from Capt. Risby's store-house fronting to the harbour of Charles Town,
to the house that Mary Cross lately lived in; from the house that Walter
Hookley now lives in, to the house that Richai'd Tread now lives in;
and from the house Capt. Christopher Garrett now lives in, on both
sides that street, to the dwelling-house of Capt. William Rhett; and
from the head of the broad street that leads to the Church on both sides to
the Church ; and from the head of the lane that Mr. Callybuff" lives in, to
the street Mr. Mazick now lives in; and from the head of the lane begins
ning from the street Mr. John Alexander lives in, to the lane Mr. Cally-
buff"livesin.
XXI, And it is hereby enacted and declared. That an Act entitled
■'An Act to revive an Act for the better settling and regulating the mili-
tia," ratified in open assembly, the fifth day of December, one thousand
six hundred and ninety-six, to be, in every clause, paragraph, sentence and
words, null, void, repealed and of no effect, to all intents and purposes
\yhatsoever.
Read, three times and ratified in ojjen Asssepihly,
the 8th day of October, 169S.
JOSEPH BLAKE,
STEPHEN BULL,
THOMAS CARY,
J AS. MOORE,
WM. HAWETT.
OF SOUTH CAROLINA.
Acts relating to the City of Charleston.
AN ACT FOR SECURING THE PROVINCIAL LiBRARY AT ChARIESTOWN, No. 171.
IN Carolina.
WHEREAS, at the promotion of the Reverend Dr. Thomas Bray,
and the encouragement and bounty of the Right Honourable the true and preamble,
absolute Lords and Proprietors of this Province, and the aforesaid Dr.
Bray, and the inhabitants of this Province, a library hath been sent over
to Charlestown, for the use of this Province, and it is justly feared that
the books belonging to the same will quickly be embezzeled, damaged
or lost, excepting a law be passed for the effectual preservation of the
same —
I. Be it therefore enacted, by his Excellency John Earl of Bath, Pala-
tine, and the rest of the true and absolute Lords and Proprietors of this l^ib^ary how to
Province, by and with the advice and consent of the rest of the members *^ P "
of the General Assembly, now met at Charlestown, for the South-west
part of this Province, and by the authority of the same, That the Pro-
vincial Library of Carolina shall be, continue and remain in the hands,
custody and possession and safe-keeping of the incumbent or minister of
the Church of England, in Charlestown, in this Province, for the time
being; which said incumbent is and shall be hereby bound and obliged
to keep and preserve the several and respective books therein, from waste,
damage, embezzelment, and all other destruction, (fire and all other una-
voidable accidents only excepted,) and is and shall be hereby accountable
for the same, and every book thereof, to the commissioners hereafter
nominated : And to that end and purpose, the incumbent of Charles-
town, and his successors, shall pass two receipts for the books belonging
to the library aforesaid, one to the commissioners hereafter named, and
the other to the church-wardens of Charlestown for the time being, in
which receipts the titles of each book shall be inserted ; and in case all
or any of the books is or shall be found to be wasted, endamaged or em-
bezzeled, or any otherwise destroyed, except as before excepted, the res-
pective incumbent, his executors or administrators, are and shall be hereby
bound and obliged to answer double the value of the same ; and the said
commissioners are hereby impowered to sue for the same, in any court
of record in this Province, by bill, plaint or information, or other action,
wherein no essoign, protection, injunction or wager of law shall be allow-
ed ; and what thereby shall be recovered, reasonable charge and expences
deducted, to employ and dispose towards the compleating and perfecting
the aforesaid library, so wasted, endamaged, embezzeled or otherwise
destroyed, within the space of twelve months after such recovery.
H. And be it further enacted by the authority aforesaid. That in case
of the death or removal of the incumbent of Charlestown, in this Pro-
vince, that then the respective church-wardens of Charlestown shall
immediately take into their respective hands, custody, possession and
safe-keeping, all the books belonging to the said library, and shall be
answerable for the same to the commissioners hereafter nominated.
HI. And be it further enacted by the authority aforesaid. That the
church-wardens of Charlestown, upon their receiving of the books be-
longing to the said provincial library, into their custody, shall compare
the same with the catalogue and receipt for the same, in their custody,
and if any of the books are wanting or damaged, they shall give an
account thereof in twenty days time at farthest, to the commissioners
14 STATUTES AT LARGE
A, D. 1700. j[cts relating to the City of Charleston.
hereafter mentioned, who are hereby impowerecl to sue the said incum-
bent, or, in case of his death, his executors or administrators, for the same,
as aforesaid : And in case the said church- wardens refuse to give such
account, then they, their executors and administrators, are hereby made
accountable to the commissioners hereafter named, for all the books be-
longing to the said library, and contained in the catalogue thereof.
IV. And be it further enacted by the authority aforesaid, That the in-
Books, howto habitants of this Province shall have liberty to borrow any book out of
■he used. ^q gaiJ provincial library, giving a receipt for the same to the incumbent
of Charlestown, for the time being, with a promise to return the said book
or books ; if a folio, in four months time ; if a quarto, in two months
time ; if an octavo, or under, in one month, upon penalty of paying three
(Penally for times the full value of the said book or books so borrowed, in case of
■damage. failure of returning or damnifying the same : And the said incumbent is
hereby obliged to enter such receipt in a book, to be fairly kept for that
purpose, and upon the same being returned, shall note it returned, on the
other side or column of the said book, and not cross or blot the same :
And in case the persons that borrowed any book or books out of the said
library, doth refuse to return the same, or doth damnifie the said book,
upon complaint thereof given by the said incumbent, his executors or
administrators, to two or more of the commissioners, and by them, or
any five of them, to the chief justice of this Province for the time being,
or any two justices of the peace, it shall be lawful, and the said chief
justice, or any two justices of the peace, are hereby impowered and
required, by warrant of distress, directed to any of the constables of this
Province, to levy three times the value of such book or books, on the
goods and chattels of the person so refusing to deliver, or damnifying the
same ; and for want of such distress, to commit the person to prison, till
satisfaction be made to the incumbent.
V. And be it further enacted by the authority aforesaid. That the com-
missioners hereafter named shall make, or cause to be made, seven cata-
be^mfuk"^^ *° logues of all and singular the books in the said library, and the same
being fairly written, one of which shall be sent to England to the Right
Honourable the Lords Proprietors of this Province ; one to the Right
Reverend Father in God the Lord Bishop of London ; one to the afore-
said Reverend Dr. Bray ; one to be entered on record in the Secretary's
office of this Province ; one to be in the custody and for the use of the
commissioners hereafter named, under which the incumbent shall sign
a receipt for the i-espective books ; one to be in the custody of the chuich-
wardens of Charlestown, for the time being, under which the incumbent
shall also sign a receipt for the respective book^ ; and one to be fairly
entered in a book for that purpose to be kept by the incumbent in the
said library, that so any person may know what books are contained in
the said library.
VL And be it further enacted by the authority aforesaid. That the com-
Appraise- missioners hereafter named, after making an exact catalogue of all and
ment. singular the respective books in the said library, shall, and are hereby
impowered to, appraise and rate each book, at a price certain, in the cur
rent money of this Province ; which appraisement shall be an established
rule to judge and determine the value of the said books, in case any suit
is brought by the said commissioners against any person that shall detain
or damnify any of the said books, or against the incumbent of Charles-
town, or his executors or administrators.
OF SOUTH CAROLINA. 15
Acts relating to the City of Charleston. A. D. 1700.
VII. And be it further enacted by the authority aforesaid, That the
commissioners hereafter named, or any five of them, shall, every year, on Examination,
the fifth day of November, resort to the house built for the incumbent of
Charlestown, where the said library shall be kept, and there examine the
books thereof by the catalogue, and see that there be the full number, and
that they are not damnified nor spoiled : And therefor, the incumbent is
hereby required, in lending of any of the several books out of the said
library, notwithstanding the time usually allowed by this Act, to oblige the
said persons to return all such books as they borrow, to the said incum-
bent, ten days before the said fifth day of November, that so all and smgu-
lar the books belonging to the library aforesaid, may be exposed to the
view of the said commissioners, the better to enable them to judge if
they are any way damnified or spoiled, and to give their order accordingly.
VIII. And he it further enacted by the authority aforesaid, That James
Moore, Esq., now Governor of Carolina, Joseph Morton, Nicholas Trott, Names of com-
Ralph Izard, Esqrs., Capt. Job Howes, Capt. Thomas Smith, Mr. Robert ""^'•"°""''-
Stevens, Mr. Joseph Croskeys, and Mr. Robert Fenwicke, or any five of
them, be, and are hereby nominated to be, commissioners and trustees,
for the due inspection and preservation of the library aforesaid, and all
and singular the respective books to the same belonging : And they, or
any five of them, shall have power to commence or bring any suit or
action given by this Act : And in case, by death or absence, there be not
five of the said commissioners in this Province, th'it the Governor for the ^'*^u'^'}fi[']'°^
time being shall nominate such persoti or persons as shall make the num-
ber of the commissioners five, which shall have all the power given the
said commissioners in this Act, and shall so continue till the next meeting
of the General Assembly of this Province, who shall then chose so many
persons as shall make up the full number of nine ; which persons so
chosen by an ordinance of a General Assembly, shall, and are hereby
declared to, be the commissioners and trustees required by this Act; and
they, or any five of them, to have and execute all and singular the powers
given the commissioners above named by this Act.
IX. And he it further enacted by the authority aforesaid. That the com-
missioners above named, after having examined the respective books ^^^^'J^'J^'^^'^^j^'JIj
belonging to the library aforesaid, if they find any books wanting, shall
summons such persons as have the said books in their custody, to deliver
the same in twenty days after such notice in writing left with the persons,
or their places of abode ; and in case any persons shall fail or refuse to
deliver the said respective books to the said commissioners, or any five of
them, that upon complaint being made by the said commissioners, or any
five of them, to the chief justice of this Province, for the time being, or
any two justices of the peace, against such persons refusing to deliver the
said books, that the said chief justice, or any two justices of the peace,
are hereby authorized, impowered and required, by warrant of distress,
directed to any of the constables of this Province, to levy to the treble
value of such respective book or books, on the goods and chattels of the
person or persons so refusing the same, and to make sale of the same,
rendering the overplus to the owner ; and for want of such distress, to
commit the persons to prison till satisfaction be made.
X. And he it further enacted by the authority aforesaid, That all per-
sons that have borrowed or have in their custody any of the books be- Books to be
longing to the provincial library aforesaid, shall, on or before the first day '■et"»'"ed by 1st
of January next, return the same to the present incumbent of Charles-
town, upon the penalty of the forfeiture of treble the value of each book
STATUTES AT LARGE
Acts relating to the City of Charleston.
not returned as aforesaid, the better to enable the commissioners before
named to make a perfect catalogue of the books belonging to the library
aforesaid.
Read three times, and ratified in open Asse?nhly, November 16, 1700.
JAMES MOORE, (L. S.)
JOHN WICH, (L. S.)
EDMD. BELLINGER, (L. S.)
ROBERT GIBBES, (L. S.)
HENRY NOBLE, (L. S.)
No. 173. AN ACT to prevent the Sea's further encroachment upon the
Wharff oP Charlestown.
Preamble.
WHEREAS, the seas, in a few years last past, by frequent storms, hath
undermined and broken down more of the bank bounding upon Coopei
river, before Charlestown, than is now standing, and will probably in a
few years, (if timely care be not taken,) break down and carry away all
the remaining wharff, with the houses next thereon standing ; for the pre-
vention thereof,
I. Be it enacted, by his Excellency John Earl of Bath, Palatine, and
Brick walls to the rest of the true and absolute Lords and Proprietors of this Province,
be built. ijy, g^^^ ^ff'iiYi the advice and consent of the rest of the members of the
General Assembly, now met at Charlestown, for the South-west part of
this Province, and it is enacted by the authority of the same. That every
person or persons which hold, by what title soever, any lot or lots, or part
of any lot or lots, which joyn next immediately to that part of the norther-
most end of the fort to the northermost part of Col. Robert Daniel's
northermost lot, butting upon Cooper river, shall, within twenty-four
months next after the ratification hereof, make, or cause to be made, be-
fore so much of the wharff as lies before all the land he hath pointing to
Cooper river, withm the limits aforesaid, a brick wall, the length of four
bricks thick at least, at the foundation, and two bricks and a half thick at
top, in such manner as is hereafter provided ; and the said wall, with the
filling up, shall be kept in repair at the sole costs and charges of every
respective owner thereof
HL And he it farther enacted. That every person as aforesaid shall
Stairs and have liberty to make such and so many stairs and places for conveniency
wharfs. of ascent to the top of his respective wall, and also wharffs to low-water
marks, as he shall think fit ; provided, the said stairs or wharffs do not
weaken the said wall.
V. And he it further enacted by the authority aforesaid. That no per-
No house to be sons whatsoever shall, upon any pretensions whatsoever, erect or build
erected to the any house or edifice than what in this Act is directed, on the bay of
eastward of the (~;j^^^.jgg^^j^jj^ ^^ ^^g Eastward of the said wall; and if any person or
persons whatsoever shall presume to build or erect any house or edifice
to the Eastward of the said wall, as aforesaid, shall forfeit the sum of five
hundred pounds, to be recovered by bill, plaint or information, in any
court of record within this part of the Province, wherein no essoign,
OF SOUTH CAROLINA. 17
Acts relating to the City of Cliarleston. A. D.J 700.
priviledge, delay, protection or wager of law, shall be allowed or admitted,
one moiety or half part thereof to be paid into the hands of the receiver,
for the public use of this Province, and the other half pait to such person
or persons that shall or will inform or sue for the same.
VII. And for the further encouragement of the owners of the front
lots, Be it also enacted, That every owner that hath or shall hereafter build Encourage-
a brick house at least two stories high, are hereby permitted and impow- in<r,
ered to build piazzas, not exceeding six foot, in the said wharff or front
lots, with steps in the said piazzas up to the said house.
XII. Be it enacted, That all the grants of any lot or lots, lying to the Grants of lots to
Eastward of the same front part, to any person or persons whatsoever, |}|^ ^^^l^l^"^!'/'^
are hereby declared null and void; any thing in the said grant contained and void,
to the contrary notwithstanding.
(Sections II. IV. VI. VIII. IX. X. XL and part of XII. not to be
found.)
Read three times, and ratified in open Assembly, November 16, 1700.
JAMES MOORE, (L. S.)
JOHN WICH, (L. S.)
EDMD. BELLINGER, (L. S.)
ROBERT GIBBES, (L. S.)
HENRY NOBLE, (L. S.)
AN ACT FOR SETTLING A WatCH IN ChARLESTOWN, AND FOR PRE- ^O- i90.
VENTING OF FiRES AND NuSANCES IN THE SAME, AND FOR THE
SECURING TWENTY FOOT ON EACH SIDE THE HaLPE-MOON, FOR PUBLICK
LANDING PLACES.
FORASMUCH as the constables have been very remiss and negligent
in keeping the watch in Charlestown, which at all times ought to be duly Preamble.
and strictly observed and performed, more especially since the late fatall
and dismall conflagration, and for the better preservation of the said town,
and for keeping good orders, and a more carefull and strict watch therein —
(Section I. too much mutilated.)
II. And whereas, severall houses in Charlestown are inhabited by fami-
lies amongst whom are no male persons, but are well able to bear the F'.^'"'^'''^*o ["*■-
charges of hiring a man to watch, Be it enacted. That every such family
shall find a man to watch, and the counstables in the lyst aforesaid shall
retui-ne such familys, and every such person so returned that shall neglect
or refuse to send an able man, as is hereafter provided, shall forfeit the
same sume, to be recovei'ed in such manner and forme, and for such
use, as the forfeitures of those that shall neglect to watch in their own
person ; and the aforesaid counstables shall have such fees as in the Act of
small and mean causes.
III. And be it further enacted by the authority aforesaid. That the
commissioners hereafter nominated, or any three of them, are hereby ^^^**^j^''l°"^®
impowered to build a brick watch house, capable of containing thirty
men, with arms, and so many centry boxes as they shall think necessary
VOL. VII.— 3.
16 STATUTES AT LARGE
A. D. 1701. Acts relating to the City of Cliarleston.
for the belter security of the watch, and the same shall order to be placed
ill such places in Charlestown as they shall think fitt ; and the commis-
sionex-s aforesaid, or any three of them, are hereby impovvered, by an
order under their hands to the public receiver, to draw out of the public
treasury such sume or sumes of money, for building the said brick house
and boxes, as shall be expended therein,
IV. And that none but good, able, and sufficient men may be by any
person imjiloyed to watch in his stead and place, Be it enacted, That
Substitute to no person shall put any man to watch in his stead which shall not be
be appryvedpf. {jj.gj allowed and approved of by a certificate under the hand of a justice
of peace, in Charlestown; and every person which shall send any mare
to watch for him not approved of as aforesaid, shall forfeit as if he had
not watched, or not provided any man in his room.
V. And be it further enacted, That any person or persons whatsoever.
Person sleep- found sleeping upon watch as aforesaid, being convicted thereof before a
ing on watch, justice of the peace, shall forfeit forty shillings, one moyety thereof to be
paid into the hands of the publick receiver, for the use of the publick,
and the other moyety or halfe part to him or them tliat will informe and
sue for the same ; and if any person aforesaid, being found sleeping as
aforesaid, and convicted as aforesaid, shall refuse and deny to pay the
forfeiture as aforesaid, shall, by order of the justice, be tyed neck and
heels, two hours next morning, after such conviction.
VI. And ichereas, negroes frequently absent themselves from their
Negroes when master's or overseer's houses, caballing, pilfering, stealing and playing the
to be takei> up. j-ogue at unseasonable hours of the night, Be it therefore enacted, That
any counstable or his deputy, meeting with any negro or slave, belonging
to Charlestown, at such unseasonable times as aforesaid, which cannot
give a good and satisfactory account of his biisiness, the said counstable
or his deputy, is required to keep the said negro or slave in safe custody
till next morning ; and first having caused the said negro or slave to be
severely whipt, then to bring the said negro or negroes to their said master
or masters, or owners of said slaves ; and for so doeing, each master,
masters or owners, shall pay unto the said counstable or his deputy, two
shillings and six pence for each negro or slave : And if any counstable
Dpty of con- or deputy counstable shall refuse or neglect to whip, or cause to be whipt,
stables. such negro or slave, after taken as aforesaid, shall forfeit for each refusall
or neglect, the sum of two shillings and sixpence, to him or them that
shall informe for the same, to be levyed by a warrant under the hand and
seal of any justice of the peace, directed to a counstable for that pur-
pose.
VII. And he it further enacted, That every person that hath in posses-
Lota to be sion, or doth own or clayme any right, title or interest to any lott or lotts,
cleared. halfe lotts or lessor part of any lott or lotts in Charlestown, within a
straight line drawn from the head of Coll. Daniels's creek to the head of
the marsh going down to the old burial place, where the commissioners
hereafter shall appoint, some time within three months after the ratifica-
tion of this Act, and so for every six months, shall cutt down and burn
all young pine trees or pine bushes, and by the roots dig up all other sorts
of bushes, brushes, all weeds and under wood, and the same burn or carry
off, which are growing or lying upon their respective lott or lotts, or any
lessor part of a lott, within the time appointed, shall forfeit twenty shil-
lings for each lott containing halfe an acre of land, and so proportionably
OF SOUTH CAROLINA. 19
Acts relating to the City of Charleston. A. D. 1701.
foi- every part of a lott, either greater or lessor than halfe an acre, to be
leveyed by warrant of distress, under the hand and seale of a justice of
the peace, and paid to the commissioners of the poor, to the use of the
poor.
VIII. And he it further enacted, That from and after the ratification of ^
this Act, that it shall and may be lawful for any person or persons what- '"*'""
soever, (slaves excepted) to kill, or take and carry away, alive or dead^ all
or any goats goeing loose in Charlestown ; provided, and it is hereby de-
clared, that every person or persons so killing, taking, or carrying away
such goats, shall, within two hours after such goats are taken, killed and
carryed away, cry, or cause to be cryed, the same, in four severall and
usual places in Charlestown.
IX. Whereas, there are several houses of offices, or privy houses, which
are very offensive to the inhabitants in Charlestown; and for the better ^'"'''>' ''""^'^^•
preventing the same, Be it enacted, That all persons, inhabitants of said
town, that hath any such houses of offices, or privy houses, that are so
deemed by any two of the commissioners, shall, in two months from and
after the ratification of this Act, fill up and cover the same with dirt and
other rubbish, so that the said nusances may be prevented, under the
penalty and forfeiture of twenty shillings for each month they neglect to
fill up and Cover the sarrte, the penalty or forfeiture to be levyed by war-
rant, under the hand and seale of any justice of peace, the one halfe to
the informer, the other halfe to be delivered to the commissioners of the
poor for the use of the poor.
X. And be it further enacted by the authority aforesaid, That every
person that fills up all such houses of offices, or privy houses, that shall
be deemed nusances by any two of the commissioners hereafter appointed,
when so filled up, shall, after so filling up and covered, keep tubbs or some
other small vessells in their houses of offices, or privy houses, in order to
preventing of nusances, and to empty them once a week, under the pen-
alty and forfeiture of five shillings for every such offence, to be leveyed
by a warrant from under the hand and seale of any justice of peace, to
the use of the poor aforesaid.
XL And be it further enacted by the authority aforesaid. That no person
or persons whatsoever, after the ratification of this Act, shall build, or Cliimnies.
cause to be built, any chimney in any place within the limits of Charles-
town, but such as shall be made of stone, brick, or both, on penalty of
five pounds upon him or them at whose charge such chimney or chim-
neys shall be built.
XII. And be it likewise enacted., That any person or persons, owning
by inheritance, mortgage, or lease for seven years, any buildin[j in Charles- chimnies.
town, which hath a wooden chimney, that is deemed or taken by the
commissioners hereafter named, or any three of them, to danger the firing
the said buildings or neighbours houses, the claimer or owner of such
buildings or chimtieys, shall, within one month after notice given him or
them by the said commissioners, or any one of them, pull down, or cause
to be pulled down, the said wooden chimneys to the ground, and cause no
chimneys to be built in the place thereof, but such as shall be made of
stone or brick, on penalty of five pounds for each default and T)eglect.
XIII. And be it further enacted and declared by the authority aforesaid,
That if any fire shall hapeu to break out in any part in Charlestown, Fire,
already built, or hereafter shall be built in the said town, that the commis-
sioners hereafter named, or any thiee of them, shall or may, and are hereby
20 STATUTES AT LARGE
A.D.jroi. Acts rclat'iTtg to tie City of Charleston.
imj)o\veiec!, to give all such directions for the pulling down or blowing
up any such house or houses, that shall be by them adjudged ineete to be
pulled down or blown up, for the sloping or preventing the further spread-
ing of the same ; and if it shall happen that the pulling down or blowing
up any such house or houses, by the directions aforesaid, shall be the
occasion of stoping the said fire, or the fire stops before it comes to the
same, and not otherwise, then all and every owner of such house or houses,
shall receive satisfaction and be paid for the same, by the rest of the in-
habitants in Charleslown, whose houses shall not be burnt ; and the com-
missioners are hereby impowered to make such rate or rates for the
raiseing and levying such sume or sumes of moneys, as shall be thought
convenient by the said commissioners ; provided ahoayes, that if that house
where the fire shall first begin and break out, shall be adjudged fitt to be
pulled down, to hinder the further spreading and increasing of the same,
that then the owners of such house shall receive no manner of satisfac-
tion for the same ; any thing in this Act or any other Act to the contrary
notwithstanding.
XIV. Whereas, there is several complaints, that most of the inhabitants
^, . . of Charlestown are very negligent in not sweeping and keeping their
taking fire. chimneys clean from sutt, which often times occasions the fireing the said
chimneys, and so endangei'S the fireing the house, or house adjoyning to
the same ; Be it therefore enacted, by the authority aforesaid, That if any
chimney or chimneys in Charlestown, after the ratification of this Act,
hapen to catch or take fire, the person or persons living in the said house
or tenement where the said chimney or chimneys that so catches or takes
fire, shall forfeit twenty shillings, to be leveyed by a warrant from under
the hand and seale of any justice of the peace, one halfe to the informer,
and the other halfe to be delivered to the commissioners of the poor, for
the use of the poor.
XV. Whereas, it is very necessary that there should be severall ladders,
Engine, iad- fire-hookes and leather buckets, for the benifitt of preventing the further
ders, fire hooks, . -, ^ • r r ^ i • i i
&c, encreasmg and quencnmg oi fires that may hapen ni any house or nouses
in Charlestown; Be it therefore enacted hy the authority aforesaid. That
within nine days after the ratification of this Act, there shall be leveyed
and assest on all the houses and tenements in Charlestown, the sume of
one hundred pounds, current money ; each owner and tenant of every
respective house to be assesed and leveyed by Mr. Thomas Smith, Mr.
Jp°p";'™Jj*'"^'"-'JohnCroskeys, William Smith, Esq., Mr. Robert Fenwick, and Capt.
to assess. Alexander Parris, or any three of them, who are hereby appointed com-
missioneis pursuant to this Act, untill the said sum of one hundred pounds
be raised ; and the said commissioners are hereby impowered to assess
and levy the same, each house and tenant to be assessed according to its
value and ability, as the said commissioners shall judge; and when the
said money is received by the ctnnmissioners, they, or any three of them,
shall lay out and buy, for the only proper use of Charlestown, one engine
for quenching of fire, six ladders of severall sizes, fifty leather bucketts,
and six fire-hooks, and such other necessarys as they shall think conveni-
ent for the security of said town, all which shall be kept and presei'ved
in such place or places as the commissioners aforesaid shall order or
appoint.
p , J. XVI. And he it firtlier enacted, That if any of the inhabitants afore-
neglect to pay. said shall neglect or refuse to pay his assessment of the one hundred
pounds as afoi'esaid, the commissioners aforesaid, or any three of them,
OF SOUTH CAROLINA. 21
Acts relating to the City of Charleston. A. D. 1701.
are hereby impowered, by a warrant under their hands and seales, to any
one or more of the counstables of Charlestown, who are hereby, under
the penalty of five pounds for every default, commanded to execute the
same, to make distress upon the goods and chattels of every person or
persons which shall refuse to pay his or their respective taxes and assess-
ment as aforesaid ; which distress, three days after taken, they shall cause
to be sold in Charlestown, at a publick outcry, and the overplus, after the
tax and charges are paid, to return to the owner.
XVII. And further he it enacted by the authority aforesaid. That if
there should be any money of the aforesaid hundred pounds left, after the Surplus,
aforesaid engine, ladder, buckets and fire-hooks are bought, the remaining
part of said money so left shall remaine in the said commissioners hands,
to be by them, or any three of them, laid out for the necessary and pub-
lick use of Charlestown, as the said commissioners, or any three of them,
shall deem convenient.
XVIII. And he it further enacted by the authority aforesaid, That in
case any of the commissioners, or any other hereafter appomted, shall Vacancy in
depai't this life, or go out of this Province, the Governor for the time commissioners
being is hereby impowered and authorized to appoint another in his or ^"' ^'"'^''•
their roomes, which person so named and appointed shall have the like
power as the aforesaid commissioners have or shall have.
XIX. Be it also enacted by the authority aforesaid. That if any slaugh-
ter house, cattle penn, sheep penn, hogg sties, or other thing whatsoever, slaughter
erected, lying or being in Charlestown, which the commissioners aforesaid houses, «fec.
shall judge a nusance, shall not be removed by the person or persons that
occasions the same, within ten days after notice given him or them by any
one of the commissioners, shall forfeit forty shillings for each month the
said nusuances continues, to be recovered by a warrant under the hand
and seale of any justice of the peace, one halfe to be paid to the commis-
sioners of the poor for the use of the poor, the other halfe to the informer.
XX. Whereas, the streets in Charlestown, after rains, in many places,
especially the most firequented parts of the said town, is then much over- Sidewalks.
flowed with water, and makes it very unfitt, illconvenient and unpassable ;
'Be it therefore enacted by the authority aforesaid. That every person or
pei'sons, living and dwelling in Charlestown, whom the commissioners
aforesaid, or any three of them, shall order or appoint, shall, within four
months after such order and appointment, mend and raise the breadth of
the fronting part of that lott which belongs to the house they live in, either
in street, lane or alley, with broken oyster shells, six foot, upon a direct
line, into the street, lane or alley, so that it shall be adjudged sufficient by
the commissioners aforesaid. And all such houses that bounds or butts
on either streets, lanes or alleys, within the limits aforesaid, wherein no
person dwells, then the owners of the said houses, being thereunto order- L^jg j,j,(,ggy,
ed by the commissioners aforesaid, shall, within the time aforesaid, after pied.
such order, raise and mend their part of each lott as aforesaid ; and every
person or persons that shall neglect doing the same, shall forfeit for each
house, with that part of the lott belonging to the same so fronting, twenty
shillings, to be recovered by a warrant from under the hand and seale of
any justice of the peace, to be paid into the hands of the commissioners
aforesaid, towards the mending the other parts of the streets, lanes and
allies of Charlestown, as they shall think fittand convenient.
XXI. And whereas, a halfe moon is built at the East end of Cooper
street, for the security of Charlestown, and the defence of this part of the
22
STATUTES AT LARGE
A. 1). 1701.
Acts relating to the City of Charleston.
Provincs ; Be it therefore enacted by the authority aforesaid, That twenty
Public landing foot of the front before the land of Mr. Benjamin Schinckingh, next ad-
places, jacent to the said halfe moon, and twenty foot of the front before the land
of Mrs. Elizabeth Clapp, next adjacent to the said halfe moon, be, and
are hereby, for two publick landing places, ordained and appointed to be
built, as shall be directed by the commissioners nominated and appointed
in an Act intituled "An Act to prevent the Sea's further encroachment
upon the wharfe of Charlestown ;" any thing in the said Act contained
to the contrary notwithstanding.
XXII. And he it further enacted. That the commissioners in the fore-
Appropriation, recited Act appointed, are hereby impowered, ior building the said twenty
foot on each side the said halfe moon, to draw out of the publick treasury,
by an order under their hands, such sume and sumes of money as are
necessary for building the same.
XXIII. And be it further f?««ctefZ by the authority aforesaid, That "An
Acts repealed. Act for settling a watch in Charlestown, and for preventing of fires," rati-
fied in open Assembly the eighth day of October, one thousand six hun-
dred ninety-eight ; and the last paragraph, relating to the said watch, in
an Act intituled "An additional Act for making and mending high-wayes,"
ratified in open Assembly, the first day of March, one thousand seven
hundred — are hereby declared repealed, annulled and made void ; any
thing in the fore-recited Act, and the last paragraph in the said additional
Act contained, to the contrary notwithstanding.
XXIV. And be it further enacted, That this Act, and every thing there-
in contained, do continue in force for and during the space of three years
after the ratification hereof, and no longer, except the paragraph wherein
is appoynled and reserved twenty foot on each side the halfe moon, for
public landing places, which is, and is hereby declared to be, perpetuall.
Read three ti?nes and ratified in open Assembly,
the twenty-eighth of August, 1701,
J A. MOORE,
JOS. MORTON,
ROBERT DANIELL,
For the Earl Craven,
EDMD. BELLINGER,
ROBT. GIBBES.
Duration of
Act.
No. 207. AN ACT for the keeping ani) maintaining a VV.\tch and good
Orders in Charles Town.
WHEREAS, the constables who hitherto have had the care and
Preamble, charge of the watch in Charles Town, have been very remiss and negli-
gent therein, which at all tim.es ought to be duely and strictly observed
and performed, and more especially in this time of warr and eminent
danger ; for the better preservation of the said town, and for the keeping
good orders and more carefull and strict watch therein,
I. Be it enacted, by his Excellency, John Granville, Esqr. Palatine, and
the rest of the true and absolute Lords and proprietors of this Province,
OF SOUTH CAROLINA. 23
Ads relating to the City of Charleston. A. D. 1703.
by and with the advice and consent of the rest of the members of the
General Assembly, now met at Charles Town, for the south-west part
of this Province, and by the authority of the same. That the watch of
Charles Town shall consist of a Captaine and Lieutenant and twenty-four
men; that the Captaine and Lieutenant be nominated, commissioned antl ^^tch! °^ **'*
appointed by the Governour or Commaneer-in-chief of this Province for
the time being ; and that the twenty-four men be listed by the Captain,
and that they be under military discipline ; and that they be turned out
and cashiered at the pleasure of the Governour or Commander-in-chief of
this Province for the time being.
IL And he it further enacted by the authority aforesaid. That within
tliirty days after the ratification of this Act, there shall be a watch every Duty of Watch,
night kept at Charles Town, consisting of sixteen men, and that the
Captain or Lieutenant shall give due attendance every night in the year;
and the said Captain and Lieutenant shall, from time to time, observe,
perform and keep all such orders and directions for the managing and
keeping of the said watch, as they shall from time to time receive from
the Governor or Commander-in-chief of this Province, or the deputy
Governor thereof, under the penalty, for every neglect thereof, or offence
committed, (and being thereof convicted before any one justice of the
peace of this Province,) of forfeiting the sume of forty shillings, to be
abated out of their pay or salary hereafter mentioned; and the said twen-
ty-four men shall, from time to time, observe, perform and keep all such neglect.
orders and directions for the better keeping the said watch, as they shall
from time to time receive from their Captain or Lieutenant, upon the
penalty, for every neglect thereof, or offence committed, (and being thereof
convicted before any one justice of the peace of this Province,) of for-
feiting twenty shillings, to be deducted out of his or their pay or salary
hereafter mentioned, or of suffering such corporall punishment as the
Captain or Lieutenant, for such fault, by special orders and instructions
from the Commander-in-chief, shall inflict upon, or order to be inflicted
upon, him or them, not extending to life or limb ; the said corporall
punishments to be such as are usually used as military punishments.
in. And be it further enacted by the authority aforesaid. That the
Captain or the Lieutenant shall, in the night time, have the command of Captain's duty
all such watchmen as shall be appointed to keep watch in Charles Towne, and powers.
and shall see that they have their arms m order ; and the said Captain
and Lieutenant by virtue thereof, during the time of their commanding
the said watch, shall have all the authorities that any constable of Charles
Towne hath, by any law or custome by virtue of his office, and shall and
may lawfully do and execute any matter or thing m the said Towne, in the
night, as fully, amply and authentically as any constable ought or may
lawfully do ; and in case any persons shall resist or oppose the said
Captain or Lieutenant, or any of the watchmen aforesaid, in the execution
of their office, and acting in pursuance of the orders of their said Captain
or Lieutenant, that such person so offending shall be liable to such
punishment or penalties as by law they are subject to for resisting and
opposing the constable ; and the said Captain and Lieutenant are hereby
enjoyned to give in charge to the watch, to see that all disturbances
and disorders in the night, be prevented or suppressed ; and to examine
all persons, (whom they shall see walking abroad in the night after the
tatoo,) of their business abroad at such season, and whither they are going,
unless they be known to be orderly and peaceable persons ; and in case
24
STATUTES AT LARGE
A. D. 1703.
Acts relating to the City of Charleston.
Sailors.
they give not reasonable satisfaction therein, or are persons of ill beha-
viour, or justly suspected to have any unlavvfull intention or designe,
then to secure all such disorderly and suspicious persons untill the morn-
ing, and then to carry them before one of the next justices of the peace,
to be examined and proceeded against, according to the nature of their
offence, and as is by law directed.
IV. And he it further enacted, by the authority aforesaid, That the
Power of Cap- Captain or Lieutenant of the watch, with what number of watchmen he
^'*'"' may think fitting, shall have power, at any time of the night, to enter into
any publick house in Charles Towne, and shall have power to examine
all such persons as they shall find in the said houses, and have just
reasons to suspect disorderly persons, and may secure them in order to
carry them the next morning before a justice of the peace ; and in case
they find any saylers in any of the public houses after the watch is sett,
that they do immediately secure them till the next morning, and then
carry them before a justice of the peace, and in case they do not make it
appear to the satisfaction of the said justice of the peace, that they have
leave from their Commanders to be absent from their vessels and business,
that each sayler so offending shall forfeit the sum of five shillings, to be
paid and distributed equally between the Captain or Lieutenant of the
watch, and the watchmen that took such sayler; and in case any sayler
so convicted before any justice of the peace as aforesaid, shall refuse to
pay the said five shillings as ordered by the said justice, it shall be lawful
for the said justice to committ the said sayler to prison, till payment be
made ; and in case the Master or Commander shall pay the said forfeiture
for any sayler belonging to his ship or vessell, it shall be lawful for him
to deduct it out of his wages; and the master of such publick house in
which such sayler is found and convicted as aforesaid, shall forfeit also
five shillings, to be distributed as aforesaid, which said forfeiture, if not
paid, shall be levyed by warrant of the justice of the peace, by distress
and sale of the offender's goods, returning the overplus, after the necessa-
ry charges deducted.
V. And he it further enacted by the authority aforesaid, That all and
every watchman that shall be ordered to keep watch in Charles Towne,
shall be well and compleatly armed and fixed with ammunition, as any
soldier or inhabitant is ordered and directed by the Act entitled " An Act
for the better settleing and regulating the militia, and for appointing
look-outs."
VL And he it further enacted by the authority aforesaid. That if any
watchman that shall watch in Charles Town, after he or they are put
upon duty, shall be drunk, or make themselves incapable to perform their
trust, or shall sleep upon the watch, he or they so offending, being thereof
convicted befoi'e any one justice of the peace of this province, shall
forfeit twenty shillings, to be abated out of his wages, and further, shall
undero-oe such military corporall punishment, (life and limb excepted,) as
the Captain of the watch shall think fitt, by order and instructions of the
Commander-in-chief
VII. And the better to encourage the Captain, the Lieutenant, and the
Officers' pay. twenty-four listed watchmen, to be diligent and faithfull in their severall
duties and stations. Be it further enacted by the authority aforesaid. That
the Captain be paid and allowed to him the sum of thirty pounds per
annum current moneys of this Province ; and that the Lieutenant be
paid the sum of twenty-five pounds per annum, like current moneys; and
Watch to be
armed-
Watch bera
drunk.
OF SOUTH CAROLINA. 25
Acts relating to the City of Charleston. A. I). 1703.
that each listed watchman be paid twenty pounds per annum, like cunent
moneys ; to be paid quarterly, by the commissioners hereafter mentioned,
the first quarterly payment to be made on the first day of September
next, after the ratification of this Act ; and the second, on the first day
of December following ; the third on the first day of March ; and the
fourth, on the first day of June.
VIII. Whereas, in order to the paying the above mentioned sala-
ries, and the defraying the other necessary charges of the watch ofFiimlfoi
Charles Towne, as above directed, it is necessary that an annuall revenue ^^''''^l'-
be raised, amounting unto the sume of five hundred and fifty pounds ;
Be it therefore further enacted by the authority aforesaid, That in order
to the raising the said sume of five hundred and fifty pounds annually,
that every person within the towne that is capable of bearing atms, or that
by any law or custome whatsoever is or hath been obliged to watch, or
provide a fit person to watch, in the Constable's watch, do pay quarterly,
unto the commissioners hereafter named, at the rate of twenty shillings per
annum ; and that every single woman tliat is a house-keeper, and that by
any law or custome whatsoever in this province did or ought to have
provided a watchman in the constable's watch, shall also pay quarterly,
unto the commissioners hereafter named, at the like rate of twenty
shillings per annum ; and what the duty of twenty shillings per annum, to
be paid quarterly as aforesaid, shall fall short each quarterly payment of
the sume of one hundred thirty-seven pounds term shillings, being the
fourth part of the said sume of five hundred and fifty pounds, that the
residue shall be raised quarterly by an equall assessment upon each
person's estate, reall and personall, that lives or inhabitts within the
bounds of the towne, the bounds of which, as by the last mentioned
assessment, to be computed as far as Mr. Christopher Smith's and Mr.
John Bird's, inclusive; and also, by assessment on the estates in towne
of all such persons as have houses or lands in Charles Towne, though
they do not inhabit within the bounds of the towne.
IX. And be it further enacted by the authority aforesaid. That Lewis
Pasquerau, James Ingerson, Thomas Cutler, William Gibbons and Ed- (/oinini.ssioiieis
ward Loughton, shall be the assessors for this Act; and they, or any three '" assess.
of them, upon their oaths, administered by any one justice of the peace
of this province, shall be, and are hereby, appointed and impowered to
meet att Charles Towne, on or before twenty days of each respective
quarterly day of payment ; and shall make a roll or schedule of the names
of all such persons as by this Act are required to pay quarterly at the
rate of twenty shilhngs per annum; and upon computing the said roll or
schedule, and finding what the same shall fall short of one hundred and
thirty-seven pounds tenn shilluigs, being the fourth part of the said sume
of five hundred and fifty pounds, shall then make an assessment upon
the estates of such persons as by this Act are before ordered to be assess-
ed, to make up the full sume of one hundred and thirty-seven pounds
tenn shilhngs ; and the said names of liie peisons in the first roll or
schedule, and the said assessment in another schedule, signed and sealed
by them, the said assessors, or any three of them, shall, from time to time,
deliver to the commissioners hereafter naned, who, by themselves or
deputy or deputies, whome they shall appoint, shall give notice to all and
every person concerned, (either in the first roll or schedule, or the
schedule of the second assessment, which is to make up what the first
shall fall short of the said sume of one hundred arid thirty-seven pounds
VOL. VIL— 1.
26 STATUTES AT LARGE
A.V.UOS, Acts relating to tJie City of Charleston.
tenn shillings,) or to their attorneys or agents, how much money he or
she is to pay in the whole ; and if the said person or persons, or some
other person for them, doe not, within tenn days after such notice given,
pay unto the commissioners hereafter named, or whom they appoint, the
sume of money he or she is to pay, that then it shall be lawful! for the
said commissionei-s, or any two of them, and they are hereby authorized
and required, by warrant of distress under their hands and seals, directed
to any of the constables of this Province, to levy the same by distress on
the goods and chatties of the persons soe neglecting or refusing to pay,
and to sell and dispose of the goods so distrained, returning the overpluss,
after charges deducted; and for want of such distress, to commit the per-
son to prison till payment be made.
X. And be it further enacted by the authority aforesaid, That if any
person or persons certified, assessed or rated, for or in respect of any
matter or thing by which, by this Act, he or they is rated or charged,
peaK ** ^'^^ ^^^ ^^'"^ ^*" themselves grieved or overcharged by such rateing, in
five days after notice given them of such assessment, may complain or
appeal to any one justice of the peace, inhabitant of Charles Towne,
who shall or may examine any person or persons so complaining, upon
his or their corporall oaths, touching the value of his or their reall and
personal! estates as aforesaid, and upon due examination, abate or defaulte
proportionably the said assessment; and the same so abated shall be
certified by the justice aforesaid, to the commissioners aforesaid, and such
assessment so certified as aforesaid shall be deemed firme and valid in
law.
XI. And be it further enacted by the authority aforesaid, That in case
any of the above mentioned assessors shall happen to die or remove from
Vacancy how Charles Towne, that so there be not the full number of five, that then the
filled. Governour for the time being is hereby requested and authorized to
appoint so many person or persons in Charles Towne to be assessors, as
shall make up the number of five, which shall so continue, unless removed
by an ordinance of the General Assembly.
XII. And be it further enacted by the authority aforesaid, That Alex-
ander Paris, James Seruner Smith and William Weekly, or any two of
Commissioners''^^™' ^^' ^"^^ ^^'^ hereby, nominated and appointed the commissioners
powers. mentioned in this Act, and to exercise all the authorities and powers
given them as commissioners in this Act, and for the disposing of all
moneys to be raised and laid out by virtue of this Act ; and the commission-
ers aforesaid are nominated and appointed receivers of all the money to
be raised by virtue of this Act, to be paid out by them, or any person or
persons by them or any two of them deputed ; which money shall be laid
out by the commissioners aforesaid, for the paying the Captain, Lieutenant
and Watchmen their wages or salary, upon certificate from the General!
or any other commission officer of the watch, by him thereunto empower-
ed, which amounteth to the sume of five hundred and thirty-five pounds
per annum ; and the other fifteen pounds, being the residue of the sume
of five hundred and fifty pounds per annum, to be paid and expended
for fire and candles and other contingent charsres relating to the watch.
XIII. And be it further enacted by the authority aforesaid. That in
case any of the said commissioners shall happen to dye or remove from
Vacancies how Charles Towne, or refuse or neglect to doe his duty by this Act
f^^^^^- required, tlien the Governour for the time being is hereby requested
and authorized to appoint some other inhabitant of Charles Towne to
be commissioner or commissioners in the place of him or them so
OF SOUTH CAROLINA. 27
Acts relating to the City of Charleston. A. D. 1703.
deceased, or that shall live out of Charles Towne, or neglect or refuse
his duty as aforesaid ; which said commissioners so appointed by the
Governour as aforesaid, shall continue as such, unless removed by an
ordinance of the Generall Assembly.
XIV. And be it further enacted by the authority aforesaid, That all
and every assessor and commissioner appointed by virtue of this Act, Penalty for
which shall refuse or neglect to do and perform what by this Act he or "^c'^^^'^f^^'y-
theyare required, shall forfeit, for every offence, the sunie of five pounds ;
one half to the right honourable the Lords proprietors of this Province,
to be disposed of by an ordinance of the General Assembly, the other
half to him or them that will sue for the same in any court of record in
this province, by action of debt, bill, plaint or information, wherein
no essoin, protection, privilege, injunction, wager of law or stay of
prosecution, by non vult ulterius prosequi or otherwise, shall be admitted
or allowed.
XV. And be it further enacted by the authority aforesaid. That the
Captain of the watch or the Lieutenant and eight of the watchmen, who Watch to
shall take it by turns, shall be obliged every Sunday, and other publick ^''''"" ''^^.
•j ' - . •' -1 11- "overnor to
days, to attend the Governour, mornmg and evenmg, and to church inchuicli.
Charles Towne ; and on other solemn and extraordinary occasions, all
the whole watch shall be in arms, and attend as the Governour shall
order and direct ; and in case any of the watchmen shall refuse or neg-
lect his duty therein, when thereunto required, or shall not procure some
one other of the said twenty-four watchmen to officiate for him, that for
every such offence he shall forfeit twenty shillings, to be deducted out
of his sallary.
XVL And be it further enacted by the authority aforesaid. That the
commissioners aforesaid, or any two of them, shall have power to buy or ^^"JJ^g^^'|^'j^'"l^^
provide bucketts, fire-hooks and ladders for the use of Charles Towne, in ders.
case of fire ; and the charges that the same doth amount to, shall be raised
by an equall assessment upon the estates in towne of all persons living in
towne, or that have houses in towne ; the bounds of the towne, in this case,
to be computed according to the platt of the towne ; and the assessors
mentioned in this Act are hereby authorized to assess the same, and the
commissioners ai'e hereby authorized to levy the same, according to such
powers as is given them by this Act for the levying of the other assess-
ments before mentioned.
XVIL And be it further enacted by the authority aforesaid. That if
in case a peace should happen to bee concluded between the Crowne^Vatch tnay be
of England and the Crowns of France and Spain, before the expiration redmced.
of this Act, it shall and may be lawfull for the right honourable the Gov-
ernour for the time being to lessen the number of the said watchmen, as
he shall see convenient, untill the next session of Assembly next following.
XVIIL And be it further enacted by the authority aforesaid, ThatT,„„ , ,„ „ r
-, . , ■ -111 • 11 fr ^" continue oi
this Act, and every thing therein contained, shall continue and be of lorce force for three
three years, and from thence to the end of the next sesion of the Gene-y°'^''s-
rail Assembly, and no longer.
Read three times, a?id ratified in open Assembly,
the Sth day of May, 1703.
N. JOHNSON, EDMUND BELLINGER,
THOS. BROUGHTON, ROBT. GIBBES,
JAS. MOORE, HENRY NOBLE.
ROBERT DANIEL,
STATUTES AT LARGE
Acfs reJatmg to the City of Charleston.
No. 219. AN Additional ACT to an Act entituled "An Act to prevent
THE Sea's further encroachment upow the Wharfe at Charles
Town;" and for the repa;ring and building more Batterys and
Flankers on the said Wall to be built on the said Wharfe ;
and also for the fortifying the remaining parts of Charles
Town by Intrenchments, Flankers and Pallisadoes, and ap-
pointing A Garrison to the Southward.
WHEREAS, by an Act entituled "An Act to prevent the sea's further
Preamble, encroachment upon the wharfe at Chailestowne," ratified in open Assem-
bly, the sixteenth day of November, in the year of our Lord one thou-
sand seven hundred, every person that holds by grant, or any mean con-
veyance, any lott, or part of a lott, fronting the wharfe at Chailestowne,
is bound, under certain penalties, as is provided in the said Act, to build
the front wall, according to such method as is prescribed in the said Act ;
and whereas, amongst other things contained in the said Act, it is enacted,
Sea wall to be *^hat for the better security and defence of the said towne, a wall of three
built, foot high and two bricks thick, shall be made and built upon the aforesaid
wall, from the Northermost end of the fort to the Northermost end of the
front wall, at the sole charge and expence of the publick ; which clause,
by reason of the limitation of the highth of the wall, may be very incon-
venient, some places requiring the wall that is to be built over the wall
that is built by the inhabitants, to be built higher than other places ; in
order to make the whole wall, when finished, usefull and uniforme,
L Be it therefore enacted by his Excellency John Granville, Esquire,
Height of wall. Palatine, and the rest of the true and absolute Lords and Proprietors of
this Province, by and with the advice and consent of the rest of the
members of the General Assembly, now mctt at Charlestowne, for the
South-west part of this Province, and it is enacted by the authority of
the same, That for the better security and defence of Charlestowne, that
the wall to be built upon the aforesaid wall, at the sole charge and expence
of the publick, be built such highth and thickness, and according to such
method and manner, as the commissioner hereafter named, by and with
the advice and consent of the Right Honorable Sir Nathaniel Johnson,
Knight and Governor, or the Governor for the time being, of this Pro-
vince, shall direct.
H. And whereas, the platforme fronting South-street is fallen so far to
Platform. decay that the same must be pulled down and rebuilt ; Be it also enacted
by the authority aforesaid. That the said platforme shall be rebuilt at the
sole charge and expence of the publick, in such method and forme, and
according to such dimentions, as the commissioner hereafter nominated,
by and with the advice and consent of the Right Honorable the Governor
aforesaid, shall direct,
IH. Whereas, there is a battery ordered to be built at the East end of
Batjery. the said South-street, so that a publick landing cannot be there made
without great prejudice to the said battery ; Be it therefore enacted by the
authority aforesaid, That all the front before the land of Mr. Robert
Tread, next adjoining to the north side of the said battery to the South-
ward-most end of the front wall of Elias Clifford's, is hereby reserved
for a publick landing, to be built at the charge of the publick, by an order
of the commissioner aforesaid, in such manner and forme as the landing
at the North side of the halfe moone, at the East end of Cooper-street ;
3ny Act or Statute to the contrary notwithstanding.
OF SOUTH CAROLINA. 29
Acts relating to the City of Charleston. A. D. 1703.
IV. And be it further enacted by the authority aforesaid, That a battery,
capable of containing six guns, on the northermost angle of Col. Robeit Another bat-
Daniel's northermost lot, fronting Cooper river, shall be erected ; and also •'^'3-
one other small flanker, capable of containing four guns, shall be built
between the haife moon and the said battery on Col. Daniel's lott, both
which shall be built at the sole charge and expence of the publick, in
such method and forme, and according to such dimentions and place, as
the commissioner hereafter nominated, with the advice and consent of the
Governor as aforesaid, shall direct.
V. And be it further enacted by the authority aforesaid, That Lieut.
Col. William Rhett be, and he is hereby appointed, the sole commissioner Commissioner
for manageing the whole affair of the said front wall and the severall ^'^f"'"'*'
forts, platformes, halfe moones, batteries and flankers, built and to be
built upon the said wall ; and that he, the said William Rhett, have all the
powers and authorities that are given to the severall commissioners, or a
quorum of them, for carrying cm the building the front wall ; and in case
of his death or sickness, the Right Honoi'able the Governor is hereby
impowered to appoint another, who shall have all the powers given the
said William Rhett by this Act.
VL A7id be it further enacted by the authority aforesaid. That the said
William Rhett, the commissioner above named, besides the powers and Power of
authorities given him by the last recited Act, shall have power to press
brick-layers living in any part of this Province, to worke on the said front
wall and fortifications, att the rate of four shillings per thousand laying the
bricks, or six shillings per diem, be the same for any part of the wall that
is to be built by the owners of the front lotts, as also for that part of the
said wall and fortifications that is to be built at the sole charges and ex-
pences of the publick ; and shall also have power to press carpenters or
any other handicrafts, where their worke is necessary, relating to the said
front wall and fortifications, to worke at the rate of five shillings per
diem ; and shall also have power to press any negros from any persons
liveiug within the limits of Charlestowne, whether his said negroes be in
towne or country, at the rate of two royalls and a halfe per diem, to work
and tend the workmen on the said wall and fortifications, their masters
finding them victuals ; and shall also have power to press lime, and fetch
the same from the plantation of Mr. John Berksdale, at the rate of three
pence per bushell ; but in case the said John Berksdale shall bring the
said lime to towne, then it shall be lawful for the said commissioner to
take the said lime so brought to towne, at the rate of five pence per
bushell.
VIL And be it also enacted by the authority aforesaid. That the com-
missioner aforesaid is hereby impowered to press bricks from any person
within this part of the Province, for building the said wall and fortifica-
tions, and them so prest for the publick to be paid by an order under his <
hand to the public receiver, at twenty shillings per thousand, if brought
to towne, and fifteen shiUings per thousand if at the charge of the publick
they are brought from any part, soe prest as aforesaid.
VIII. And be it further enacted by the authority aforesaid. That the
sevei-all forts, halfe moons, platformes, batterys and flankers, built or to be Q^j^i^j^g
built on the said front wall, shall have gabbins fixed upon them, and shall
also be well piled, in order to their preservation against the sea, according
to such method and forme as the commissioner above named, with the
advice aforesaid, shall direct.
30 STATUTES AT LARGE
A. D. 1703. Acts rdating to the City of Charleston.
IX. And he it further enacted by the authority aforesaid, That at the
sole charge and expence of the publick, such additional walls, gates and
other conveniences for the men, shall be added to the great battery and.
the halfe moone, at the watch-house, as shall be ordered by an ordinance
of the Generall Assembly.
X. And be it further ertacted by the authority aforesaid, That part of
Fortifications, the remaining parts of Charlestowne aforesaid, be fortified, tbat is to say,
from the angle of the great fort to the end of the Church-street, and' from
the angle of the said street to the swamp neare Mr. Archibald Stobo's
meetmg house, and from the said meeting house eastward to the said bat-
tery, that is appointed to be built at the northermost angle of Col. Robert
Daniel's northermost lot, fronting Cooper river ; which said fortifications
shall be by intrenchments, flankers and parapetts, sally ports, a gate, draw-
bridge and blind necessary for the same, and shall be made at the sole
charge and expence of the publick, and according to such method as the
said William Rhett, who is also hereby appointed the sole commissioner for
manageing these additional fortifications, shall, with the advice and consent
of the Right Honorable the Governor as aforesaid, direct.
XI. And be it further enacted by the authority aforesaid. That the said
William Rhett, as sole commissioner for the said additional fortifications
by intrenchments, flankers, parapetts and other necessaries as aforesaid,
in order to enable him to carry on the said worke, shall have power, and
is hereby authorized and impowered, to press any negroes within the
limits aforesaid, to worke, at the rate of two royalls and a halfe per diem,
their masters finding them victualls, excepting the said negroes are trades-
men, and them, if wanted to be pressed, to worke at three royalls per
diem, their masters also finding them victualls ; and also shall have power
to press white men for overseers, within the precincts aforesaid, at the
rate of two shillings and six pence per diem, they finding themselves
-victualls; and shall also have power to press negros, horses and carts, at
five shillings per diem, and tooles, as spades, howes, pick-axes, and all other
tools and utensels fitting for the carrying on the said worke ; and shall
also have power to cut down any pine timber oft" and from any plantation
or tract of land for the said worke.
XII. And be it further enacted by the authority aforesaid. That in case
any part of the said intrenchments or flankers shall be made upon any
•lott, or part of a lott, belonging to any private person, that satisfaction
shall be made to the owners thereof for so much ground as shall be used
in the fortifications aforesaid, according to such rates as shall be adjudged
reasonable by three indifferent men, to be nominated by the Right Hono-
rable the Governor.
XIII. And be it further enacted by the authority aforesaid. That the
commissioner above named shall have power to order and direct the cut-
Ground clear- ^.^^ ^^^^ ^^^ timber or trees near the said Charlestowne, as he, the said
coi^missioner, with the advice aforesaid, shall thinke prejudiciall to the
■said fortifications.
XIV. Whereas, the land on which the powder house was ordered to
Fowdei- house, be built, lieth without the intrenchment to be drawne through part of
Charlestowne ; and for as much as it is necessary, for the better defence
of the said towns, that the powder house be built within the said Une of
intrenchment. Be it therefore enacted by the authority aforesaid. That a
brick powder house be built, thirty foot long and eighteen foot wide,
within the said line, in such place and in such manner as the comniis-
sioner by this Act appointed, with the advice of the Governor, shall think
OF SOUTH CAROLINA, 31
Acts relating to the City of Charleston, A. D. 1703.
fitt ; and such lott, or part of a lott, on which the said bouse shall be bulk,
shall be valued by three indifferent freeholders of this Province, by the
Governor appointed ; and such lott, or part of a lott, by them valued and
returned to the publick receiver, by certificate under their hands, shall
be by him paid to the owner thereof; which said lott, ov part of a lott,
so valued, returned and paid for as aforesaid, shall be and remaine, with
the house thereon to be built, for the sole use and benefitt of the publick.
XV. And be it farther enacted by the authority aforesaid. That in case
any white man that is pressed to work, according to the power given the Penalty for re-
commissioner in this Act, shall refuse to worke as directed by the said Jusmgtoj^^k
commissioner, that if a tradesman, he shall forfeit, for every day's neglect,
the sume of twenty shillings, curient monyes, and if white man and no-
tradesman, the sume of ten shillings, current monyes, for every day'&
neglect ; and if a negro, the master to forfeit five shillings, like current
monyes, for every day's neglect ; all which penalties shall be levyed by
distress and sale of the offender's goods, by warrant from the said com-
missioner, directed to any of the constables of this Province, who are
hereby required to execute the same, upon penalty of forty shillings for
every neglect, to be recovered by warrant from any justice of the peace,
as in the Act of small and mean causes is directed ; and in case sufficient
distress cannot be found, it shall be lawfull for the said commissioner, and
he is hereby impowered and required, by warrant under his hand and
seal, directed to the provost marshall of this Provmce, to commit the said
person offending to prison, for any time not exceeding a week, for one
day neglecting to worke.
XVL And be it further enactedh^ t\\e authority aforesaid, That incase
the said commissioner, or any other person, by his order, shall leave a note Notice.
at the dwelling house of any person, requireing him to come and worke
upon the said front wall and fortifications, or to send his negro to worke,
according to the powers given by this Act, such notice shall be deemed
a pressing within this Act, so as to subject the person neglecting his duty,
to the penalties before appointed by this Act.
XVII. And be it further enacted by the authority aforesaid, That all
the forfeitures accrueing by this Act shall be paid to the said commis- Fo''eitures.
sioner, to and for the use and towards the charges of the said front wall
and the other fortifications appointed by this Act.
XVIII. And be it further enacted by the authority aforesaid. That in
case any of the workmen, or other the labour-ers, are idle, and do not per- jvegiect of
forme their worke diligently, and according as they shall be directed by Juty.
the commissioner, it shall be lawfull for the said commissioner to marke
or prick down such their idle time and their neglects, and deduct the same
out of their M'ages ; and in case of their refusall to obey him in the direc-
tion he gives them relateing to their worke, it shall be lawfull for him to
commit him or them to prison, if white men, and if negros, to order them
such moderate correction as he shall think fitt.
XIX. Andbe it further enacted by the authority aforesaid, That in order
to the carrying on and finishing of the said front wall and other the forti- Appropriation,
fications prescribed by this Act, it shall be lawfull for the said William
Rhett, the commissioner aforesaid, from time to time, to draw out of the
publick treasury such sum or sums of money as he shall have occasion
for, and judge necessary for carrying on and finishing the said severall
publick works mentioned in this Act, by order under his hand, directed
to the publick receiver for the time being, who is hereby required to pay
32
STATUTES AT LARGE
A. D. 1703.
Acts relating to the City of Charleston.
Watch.
the same ; and the commissioner aforesaid is hei-eby required and comand-
ed, a fair and just account to keep, of all disbursements on the said forti-
fications by him ordered to be paid by the publick, and render the same
to the Commons, when and so often as he shall be thereunto required.
XX. Whereas, the said William Rhett, who is hereby appointed the
Compensation g^jg commissioner for the executing all the powers sriven the commission-
to commission- ., . , -■» -iia
er. ers m the said recited Act, entituled "An Act to prevent the seas further
encroachment upon the wharfe at Charlestowne," as also the sole commis-
sioner for the ordering, directing and overlooking all the publick works
and fortifications ordered by this Act; and therefore, in order to the due
execution of the trust hereby reposed in him, must necessarily spend his
whole time, and neglect his other private business, which it would be
unreasonable to require of him, without some sufficient reward from the
jiublick ; Be it therefore enacted by the authority aforesaid. That the said
William Rhett shall be allowed, out of the publick treasury, the sume of
fifty pounds, to be paid him upon the finishing of the publick works ap-
pointed by this Act, and the receiver generall for the time being is hereby
required to pay the same ; and if the said William Rhett shall neglect to
carry on the said fortifications, as by this Act or any other Act he is impow-
ered to performe, shall, for such his neglect, suffer such abatement of liis
said recompence of the said fifty pounds, as shall by the Commons be
thought most just.
XXI. Whereas, it is necessary, for the better defence of the South
part of this Collony, that a good and strong watch be kept in the most
convenient place for that purpose ; Be it therefore eiiacted by the authority
aforesaid. That Capt. Thomas Nairn, Mr. Robert Seabrook, Mr. John
Whitmaish, Mr. James Cockram and Mr. William Maggot, or any three
of them, of which Capt. Nairn shall be one, have power, and they are
hereby impowered, with the advice of the Generall, to raise and enlist
one-and-twenty men, to keep watch to the southward, and them when
raised, to place in such place or places to the southward, by the advice of
the Generall, and stockade the same, as shall be most convenient for the
discovery and repelling the enemy ; and shall at any time, with the advice
of the Generall, if they think fitt, lessen the number of the said watch-
men, and the same may again increase, to any number not exceeding one-
and-twenty ; which men so raised, shall for one year (and from thence to
the next session of the Generall Assembly,) be paid by the publick, such
sum or sums of money, not exceeding the like sura appointed to be paid
the watch in Charlestowne, by an order of the commissioners aforesaid,
to the publick receiver, who is hereby impowered and comanded to pay
the same.
XXII. And he it also enacted by the authority aforesaid, That the one-
and-twenty men to be raised as aforesaid, (of which the Generall is request-
ed to commission a Captain and Lieutenant to comand the said watch,)
shall follow such instructions and directions as shall from time to time be
given theiTi by the Generall, or such as shall be by him appointed to give
the same, for the due performance of the said watch ; and if the comand-
ers, or any of the watchmen aforesaid, shall neglect or refuse to follow
such instructions as shall be given them by the Generall, or such person by
him appointed as aforesaid, shall, for every such default, suffer such pun-
ishment, fines and forfeitures, as in the like case is to be inflicted on the
watch of Charlestowne, by the Act for the keeping and mainlaineing a
watch and good orders in Charlestowne ; which said fines and forfeitares
Orders.
OF SOUTH CAROLINA. .-]
Ads relating to the C'dij of Charleston. A.D. I70:i.
shall be recovered in such manner and forme, and for such uses, as the like
forfeiture in the said Act is ordained and appointed.
XXII I. Whereas, it is necessary, for the safety of this Collony, in case
of actuall invasions, to have the assistance of our trusty slaves to assist us Re^.^rd to
against our enemies, and it being reasonable that the said slaves should sl^eL
be rewarded foi- the good service they may do us, Be it therefore enacted
by the authority aforesaid. That if any slave shall, in actuall invasion, ,
kill or take one or more of our enemies, and the same shall prove by any
white person to be done by him, shall, for his reward, at the charge of
the publick, have and enjoy his freedom for such his takeing or killino-
as aforesaid ; and the master or owner of such slave shall be paid and
satisfied by the publick, att such rates and prices as three freeholders of
the neighborhood, who well know the said slave, beinfj nominated and
appointed by the Right Honorable the Governor, shall award, on their
oaths ; and if any of the said slaves happen to be killed in actuall service
of this Provmce by the enemy, then the master or owner shall be paid
and satisfied for him in such manner and forme as is before appointed to
owners whose negroes are sett free.
XXIV. And he it further enacted by the authority aforesaid. That if
any slave aforesaid is wounded in the service aforesaid, so that he is dis-
abled for service to his master or owner, then such slave so disabled shall
be sett free at the charge of the publick, in such manner and forme as
afore is provided, and shall also be maintained at the charge of the said
publick.
XXV. And he it further enacted by the authority aforesaid, That it
shall and may be lawfidl for any master or owner of any slave, in actuall
invasion, to arme and equip any slave or slaves, with such armes and
ammunition as any other person by the Act of militia are appointed to
appear at muster or alarums.
Read three times and ratified in ojicn Assemhh/,
this three-and-ticentieth day of December, 1703.
N. JOHNSON,
THO. BROUGHTON,
NICHOLAS TROTT,
JOS. MORTON,
ROBT. GIBBES,
HENRY NOBLE.
AN ACT FOR THE BETTER REGULATING THE WaTCH IN ChARLES ToWNE. No. 22\.
IN order to make the watch in Charlestown more usefull and securer
than it now is, in this dangerous time of warr. Preamble.
I. Beit enacted by his Excellency John Granville, Esq., Palatine, and
the rest of the true and absolute Lords and Proprietors of this Province, Watch formed
by and with the advice and consent of the rest of the members of the
Generall Assembly, now mett at Charlestowne, for the South-west part
of this Province, That three days after the ratification of this Act, the
Hon. Nich. Trott, Esq., chief justice, and one of the Lords Proprietors
VOL. VII.— 5. ^
34
STATUTES AT LARGE
A.D.iro:].
Turns of
watching.
Command.
Neglect of
duty..
PenaUy.
Orders.
Acts lehuing to the City of Charleston.
Deputies, Henry Noble, Esq., one of the Lords Proprietors Deputies,
(Jol. James Risbey, Col. John Logan, Lent. Col. Wm. Rhett, Major
Alexander Parris, Major Wm. Smith, Capt. Will. Weekeley, Mr. Edwd.
Louglitoii, Mr. Simon Valentine, Mr. Benjamin Lambell, Mr. Paul La-
mouche, Mr. John Buckley, Mr. James Serurier Smith, Mi'. James Liger-
son, Mr. Lewis Pasquereau, Mr. Isaack Mazicq, Mr. Tho. Pinckney, Mr.
Wm. Gibbon, and Mr. Lewis Lansac, who did voluntarily offer themselves
to watch in their turns, to go the rounds, and to see the watch performe
their duties, or the major part of them, shall meet at the house of Capt.
John Collins, in Charlestowne, and there shall receive from the Captains
of the Militia, a list of all the male persons who are able to bear arms,
under their respective coraands, and then and there shall divide the whole
number into twenty equal parts, excepting only the men that belong to
the military watch ; and the division being so made, shall, in such manner
and forme as they shall agree amongst themselves, allot so many as shall
make the whole number, to watch in Charlestowne in their turns, once
every twentieth night, att the same time and hour that the military watch
js onjoyned to doe.
II. And in order to do the same regularly, and that none may pretend
ignorance, iJe it enacted by the authority aforesaid. That the twenty per-
sons here above named shall take their turn for watching, with such num-
ber of men as shall be allotted unto them, the names whereof shall be
given to them at their meeting abovesaid ; and they shall take their turns
to watch as they stand here in this Act, and so when the whole twenty
have watched, to begin again ; and that they may know their night's watch,
the Capt. or Lent, of the military watch is hereby required to send them
notice thereof, the day before their said night's watch, and also to give
notice to the men that are to watch under him, of whome they shall
receive a list, that it is their night's watch, that none may pretend igno-
rance to excuse himselfe.
III. And he it further enacted by the authority aforesaid. That every
one of the twenty men hei'e named, shall, every one in his turne, and on
his watch ni^ht, have the whole comand of the watch for that night, and
every person or persons shall obey him as they are obliged to do their
Captains and officers in allarms ; and in order to enable him to make his
rounds in his night's watch, the Captain of the watch, or any other person
who shall bee appointed by the Right Honorable the Governor or Com-
mander-in-chief to give the word, shall bee obliged, and he is hereby
comanded and injoyned, to give the said person the word.
IV. And he it further enacted, by the authority aforesaid. That if any
person or persons who is hereby obliged to watch, (as well the comanders
as others,) shall refuse or neglect (not beinge disabled by sickness) to
watch in his turne, or shall appear on the watch without his armes com-
pleatlv fixed, or shall be drunk on the watch, or go fiom the watch to any
house and there eet drunk, he shall forfeit for every such offence, every
commander forty shillings, and every volunteer twenty shillings, to be
paid to the commissioners of the poore, for the use of the poore of this
Province ; and if any one of the twenty men here appointed to comand
the watch, shall depart this life, towne f)r Province, or be disabled by long
and tedious sickness, then the Right Honorable the Governor shall ap-
point another in his ri^ome.
V. And he it farther enacted by the authority aforesaid. That the said
twenty persons shall, from time to time, and at all times, follow such
OF SOUTH CAROLINA. 35
Acts relating to the Citi/ of Charleston. A. D. 1703.
orders as shall be given unte them in charge by the Right jfionorable the
Governor or Commander-in-chiefe, concerning the ordering and dispose-
ing of the watch, placeing of centrys, or any other thing relateing to
their duty and the well performing of the watch.
VI. And whereas, it is necessary in cases of allarms, that each man
have at least forty swan shott, Be it enacted by the authority aforesaid, Shot.
That every person who is obliged to appear in arms on musters, watch or
allarms, do provide him or themselves, besides what amunition they are
obliged to have by any otiier Act, with at least the said quantity of shott,
and have always the same by hira when under arms on any of the said
accounts, under tiie fine and forfeiture of five shillings for every default,
to be recovered for the use above declared, in the same forme and manner
as is here mentioned and appointed.
VII. And he it further enacted hy xhe- -Authovily aforesaid. That when
the front wall and the intrenchments designed to be cast up in Charles- Watch, when
towne are finished, or when the Right Honorable the Governor or Com- '" ^« doubled,
mander-in-chiefe shall think it necessary, the persons here above named,
with such as are under their comand, shall double the watch, (that is to
say,) that two of the comanders, with the men under their comand, shall
watch that night, and so every tenth night ; and to prevent disputes be-
tween them about comand of the watch that night, they shall have it by
turns, in order as they stand in this Act, any thing in this Act to the con-
trary notwithstanding; and all fines and forfeitures which shall accrue or
become due by this Act, shall be recovered in such manner and forme,
and for the uses aforesaid, as in the like case is appointed in cases of
allarms in an Act intituled "An Act for the better re<>ulateina of the
militia." ° ""
VIII. And the better to traine the inhabitants of Charlestowne to the
use and exercise of their amies, Be it enacted by the authority aforesaid,
That each Captain in the said towne shall, once a month, by himselfe or
his inferior officers, muster and exercise his company, in such forme and
manner, and under such pains and penalties, as they were used to do before,
every two months ; any law, statute or custome, to the contraiy in any
wise notvyithstanding : And if any person shall refuse or neglect to appeare
at the said muster compleatly armed, as they are required by the Act for
the better settleing and regulateing the militia, shall and are hereby
made liable to all fines, forfeitures and punishments imposed in such cases
by the said Act.
Read three times and ratified in open Asscmhbj,
the three-and-twenticth day of December, 170.3.
N. JOHNSON,
THO, BROUGHTON,
NICHOLAS TROTT,
JOS. MORTON,
ROBT. GIBBES,
HENRY NOBLE.
STATUTES AT LARGE
Acts relating to the City of Charleston.
No. 230. AN ACT to prevent the breaking down and defacing the For-
tifications IN Charles Town.
WHEREAS, at the great charge, expence and labour of the inhabi-
Pieamble. tants of this Province, Charlestown hath been fortified with intrenchments
and other works, to make it defensible in this time of war and danger of
an invasion from our enemies, yet some inconsiderate or evil disposed
j)ersons, not regarding or minding the evil consequences of defacing and
breaking down the said fortifications, do presume to climb and get over
the said intrenchments and other works, and so break them down, and.
lay open the said town ; to prevent such mischiefs for the future,
I. Be it enacted by his Excellency John Lord Granville, Palatine, and
p the rest of the true and absolute Lords and Proprietors of this Province,
injuring ibriiil-^y ^nd with the advice and consent of the rest of the members of the
cations. General Assembly, now met at Charlestown, for the South-west part of
this Province, That from and after the ratification of this Act, if any
white person or persons, above the age of sixteen, shall presume or en-
deavour to climb or pass over any part of the said fortifications, inward
or outward of Charlestown, or go down into the ditch or trench, he, she
or they, so offending, shall fine and foifeit the sum of twenty shillings, the
one half payable to the informer, and the other half to the commissioners
of the poor, towards the relief of the poor of this Province : And if the
person or persons so offending doth not pay immediately the said fine, or
give sufficient security to pay the same in ten day's time after the fact is
proved, he shall receive, at the publick stocks, fifteen lashes on the bare
back, and fifteen lashes more at the inward bridge ; and if any slave com-
mits any of the said offences, he or she shall be whipped round the town,
except his master or mistress will redeem the said punishment by paying
half the fine imposed on white persons ; the said monies to be applied
and disposed of to the same persons and use above mentioned.
IL And the better to put this Act in execution. Be it enacted by the
. authority aforesaid. That the Commander-in-chief, or any one of the field
o J" g •officers, for the time being, any one of them is hereby appointed and made
judges thereof, and that on proofs made before them, or any one of them,
within ten days after the fact committed, by one or more credible wit-
nesses, of any offence therein committed, they shall, and are hereby
required to, awai'd the said fine or punishment by waiTant under their
hands and seals, or any one of them, directed to any of the constables of
Charlestown, who are hereby required to execute, or cause to be executed,
the same, upon the penalty of forty shillings for every neglect, to be levied
upon them by distress and sale of their goods and chattels, by warrant
from the Commander-in-chief, or any of the field officers.
in. And whereas, children under the age of sixteen have and do daily
Chililreii. deface the said fortifications, by passing and going over them ; Be it enacted
by the authority aforesaid, That if any child or children as aforesaid shall
hereafter commit any of the said offences, on proof thereof made against
them, or any of them, if on notice given to the parents or guardians, or
masters or mistresses, of the said children, by any of the field officers, they
do not correct their said child or children, or pay the fine hereby imposed
on white persons, the said field officer is hereby impowered and required
to cause as aforesaid such correction to be given to the said child or chil-
dren, as he shall think fit, not exceeding twenty lashes.
OF SOUTH CAROLINA. 37
Acts relating to the Citij of Charleston. A.I), 1704.
IV. And he it farther enact ed hs xhe authority aforesaid, That for the
conveniency of people that goeth and cometh to and from Ashley river. Bridge.
a bridge shall, with all convenient speed, be built and erected, from the
South end of the bay to the land of Mr. John Vanderhorst, at the publick
charge, in such place as by Col. William Rhett shall be appointed, who i&
hereby impowered, by an order under his hand on the publick receiver, to
pay the same.
V. And that no person may plead or pretend ignorance, Be it further
enacted by the authority aforesaid, That tliis Act shall be read and pub-
lished by beat of drums in the usual places in Charlestown, and read at
the head of the town companies the next muster day, after the ratifica-
tion thereof.
VI. And he it further enacted by the authority aforesaid, That any per-
son or persons that for their convenience are willing to build a brido-e
within the fortifications at their own charge and expences, from the land
which belongeth to the public on the Southermost part of the fiont line
next to Mr. Thomas Smith's saw-pit, to the neck of land on the other
side of the marsh which belongs to the publick, shall, and they are hereby
allowed liberty to build the same.
VII. And he it further enacted by the authority aforesaid, That ten
days after the ratification of this Act, no person whatsoever shall keep No cattle to be
any mare, colt, cow, calf or ox, or any other cattle, running within the kept'within the
intrenchments in Charlestown, (except horses:) And if any person or '""''^"'^'""^"'^*
persons aforesaid shall keep any of the cattle aforesaid, within the limits
above mentioned, except inclosed in their own lots, after the time limited
by this Act, such person or persons so offending shall forfeit the sum of
five shillings for every day he, she or they shall keep any of the said cattle
Avithin the intrenchment aforesaid. And in order to effect the same, the
Commander-in-chief for the time being, or Col. James Risbee, is hereby
impowered to appoint a centinel at the gate and bridge, to be paid out of
the public treasury, not exceeding ten pounds per annum, by an order
under the hand of the said Commander-in-chief to the public receiver,
who is hereby required to pay the same ; and the said centinel shall keep
out of the aforesaid intrenchments all the cattle above mentioned ; and if
any of the said catlle doth get into the said intrenchments throuo-h the
gates, the said centinel shaJl immediately, on notice thereof, drive out of
the said intrenchments the said cattle, and if he neglects to do the same,
he shall forfeit five shillings for each neglect or neglects. And all fines
and forfeitures as aforesaid, for which no provision is made for recovery
thereof, shall be recovered in such manner and form, and for such uses, as
the fines and forfeitures in this Act before are ordained and appointed.'
Read three times, and ratified in open Assembly, November 4, 1704.
N. JOHNSON, (L. S.)
THO. BROUGHTON, (L. S.)
JAMES MOORE, (L. S.)
NICHOLAS TROTT, (L. S.)
ROBERT GIBBES. (L. S.)
HENRY NOBLE, (L. S.)
STATUTES AT LARGE
Acts relating to the City of Charleston.
No. 231. AN ACT against Killing of Beasts within the Intrenchments
OF Chakles Town.
FORASMUCH, as by dung and filth of the garbage and intrails of beasts,
Preamble. and the scalding of swine, killed in slaughter houses and yards within the
intrenchments, the air is greatly corrupted and infected, and many maladies
and other intolerable diseases do daily happen, as well to the inhabitants
as strangers and travellers, in and out of Charlestown, for prevention
thereof,
I. Be it enacted, by his Excellency, John Lord Granville, Palatine, and
the rest of the true and and absolute Lords and proprietors of this Province
of Carolina, by and with the advice and consent of the rest (jf the member?
of the Generall Assembly, now met at Charlestown, for the south-west part
Butchery in of this Province, And itishcrehij enacted, by the authoiity of the same, That
town prohibit- twenty days after the ratification of this Act, no butcher, or any other per-
son or persons whatsoevei, shall kill any cattle, sheep or hoggs, nor use or
erect any slaughter house, cattle penn, sheep penii.or hogg sties, in either
streets or yards within the intrenchments of Charlestown, on the penalty of
twenty shillings for every offence committed, to be recovered by a warrant,
under the hand and seal of one justice of the peace, to be levyed by a
constable, one moiety thereof to be paid to the commissioners of the poor,
for the use of the poor, the other moiety to him or them that will sue for
the same ; and for want of effects to levy the same upon, shall suffer one
month's imprisonment, without baile or maine prize.
IL Provided always, and be it enacted by the authority aforesaid. That
this Act, or any thing therein contained, extend not to charge any person
or persons for any the offences above mentioned, unless he or they be sued
for the same within two months next after such offence done and com-
mitted.
Read three times and ratified in open Asssemhly,
the ith day of Novcviher, 1704,
ROBT. JOHNSON,
THOS. BROUGHTON,
JAS. MOORE,
NICHOLAS TROTT,
ROBT. GIBBES,
HENRY NOBLE.
No. 232, AN ACT for the better securing of Charlestown, by stopping
THE North Barr of Ashley River, in case of invasion; and to
DISBAND THE MILITARY WaTCH IN ChARLESTOWN.
Preamble. WHEREAS, there is very good grounds and reason to believe, that
our common enemies, the French and Spaniards, will make someattempts
on this Province, and particularly upon Charlebtovvu ; in order to oppose
and defeat their attempts the better,
L Be it enacted by his Excellency, John Lord Granville, Palatine, and
OF SOUTH CAROLINA. 39
Acts relating to the City vf Charleston. A. D. 1704.
the rest of the true and absolute Lords and proprietors of this Province,
by and with the advice and consent of the rest of the members of the
General Assembly, now met at Cliarlestown, for the south-west part of this
Province, And it is enacted by the authority of the same, That from and Vessels may be
after the ratification of this Act, it shall and may be lawfull to and for the pressed.
Riffht Honourable the Governour, or the Commander-in-chief in Charles-
town, for the time being, in case of an actual invasion, from and by any
of the enemies of the Crown of England, during this present warr with
France and Spain, or either of them, or on sight of three or more vessels,
suspected and judged by the said Governour or Commander-in-ehief as
aforesaid to be enemies, to press any vessell or vessells which shall then
be in this Province, and the same to man and send to the barr or barrs of
Ashley river, to fight, oppose, repulse and hinder the enemies from passing
over the said barrs or any of them.
IL And be it further enacted by the authority aforesaid. That if the
Right Honourable the Governor, or Commander-in chief as aforesaid, shall Nf>'th bar to be
think and judge that the noith barr cannot be sufficiently defended and"^"
secured by the said vessell or vessells so manned and fitted out, it shall
and may be lawfull to and for the said Governour, or Commander-in-chief
as aforesaid, to sink, or cause to be sunk, one or more vessels upon the
said barr, to obstruct, hinder and prevent the enemie's vessells passing
over the same ; and if it happens that by the sinking of such vessel) or
vessells on the said barr, the enemie's ships are hindered from getting over
the said barr, or Charlestovvn be not taken, or the vessells in the road are
not destroyed by the enemies, then in such case, the owners or proprietors
of such vessell or vessells shall be paid and satisfied by the publick for
their said vessell or vessells, according to the appraisement made by three
sufficient men, on their oaths, the said appraisers to be appointed and
named by the Right Honourable the Governour, by warrant under his
hand and seal.
IIL And in order to have all things and materialls ready for the
doing thereof, Beit eiiacted hy xhe authority aforesaid, That a sufficient Banels to be
quantity of barrells, not exceeding one hundred and fifty, bee forthwith prepared,
provided at the publick charge, and filled with sand, and placed in some
commodious place on the barr in Charlestown, in order to be put on board
of such vessell or vessells as shall be pressed by vertue of this Act ; and
the Governour, or Commander-in-chief as aforesaid, are hereby required
and empowered to cause the said barrells to be bought and provided, and
to draw on the publick receiver for payment thereof, and the said receiver
is hereby ordered to accept and pay the same.
YV. And in order to man the said vessell or vessells so pressed by veitue
of this Act, Be it enacted by the authority aforesaid. That the Right Hon- Men may be
curable the Governour, or Commander-in-chief as aforesaid, shall have pressed.
power, and they are hereby impowered, if they shall see cause to press
any vessell according to the directions of this Act, to press also any men,
and command them to go and repair on boaid the said vessell or vessells so
pressed, and to work and do all such duty and service as they or either of
them shall be ordered and commanded to do by the commander appcjinted
by the Right Honourable the Governour, or Commander-in-chief in
Charlestown, to command the said vessell or vessells; and if any person
or persons so pressed shall refuse to go on board, or obey command on
board or on shoar, such person so offending shall and he is hereby made
liable to such corporall punishment as the Right Honourable the Governour,
STATUTES AT LARGE
Acts relating to the City of Charleston.
or Commander-in-chief as aforesaid, by a court martial, shall think fitt to
inflict on such offender or offenders.
V. Wltereas, by " An Act for keeping and maintaining a watch and
good orders in Charlestown," ratified in open Assembly, the eighth day of
May, one thousand seven hundred and three, that the watch of Charles-
town shall consist of a Captain and Lieutenant and twenty-four men, and
forasmuch as there is further provision made for a maintenance of the
said watch, by " An Act for the better regulating the watch in Charles-
town," ratified in open Assembly, thethree and twentieth day of December,
A ^iiard to be one thousand seven hundred and three ; Be it enacted by the authority
euhstecL aforesaid. That the Governour is hereby impowered and requested,
forthwith to disband the said Captain, Lieutenant and souldiers, any thing
in the said Act to the contrary notwithstanding, and in the roome of them
so disbanded, to order and enlist four men, to be and remain on Sullivan's
Island, with a doory as a look-out ; which said men shall follow such
order and directions as shall be given them from time to time by the Gene-
rall or commander-in-chief in Charlestown ; which said four men so enlis-
ted as aforesaid with the doory, shall be paid by the publick, by order
under the hand of the Governour to the Receiver, who is hereby empow-
ered to pay the same.
VL Be it further enacted by the authority aforesaid. That the Governour
is hereby impowered to disband and discharge the said four men hereby
impowered to be enlisted, when he shall think fitt.
VI L And whereas, for sundry good reasons, the Right Honourable the
Governour hath thought fitt to send the Captain, Lieulenant and men
belonging to the military watch in Charlestown, appointed to watch in the
said town, by an Act entitled " An Act for the keeping and maintaining
a watch and good orders in Charlestown," ratified in open Assembly, the
eighth day of May, one thousand seven hundred and three, to watch on
Sullivan's Island ; and ichereas, some doubts may arise concerning the
payment of the said Captain, Lieutenant and men, because they were
imployed and used otherwise than by the said Act is directed and ap-
pointed; to prevent all doubts and disputes that may or might arise about
Watch further the same, Beit enacted by the authority aforesaid. That the Assessors
^" * ' named and appointed in the said Act, shall forthwith after the ratification
of this Act, assess one quarterly payment on all and every the persons
assessable and liable to be assessed by the said Act, according to the
directions of the said Act, and an ordinance of the Generall Assembly,
bearing date the seventeenth day of September, one thousand seven
hundred and three ; and the said assessment so by them made, shall with
all speed return to the commissionei's in the said Act appointed, who are
hereby ordered and directed to collect the same according to the directions
and powers of the said Act, as also, all the moneys unpaid on the former
assessment ; and out of the moneys so collected, and such further sums as
they are allowed to draw on the publick Receiver, according to the ordi-
nance above named, to pay and clear off the Ca[)tain, Lieutenant and men,
although the Captain, Lieutenant and men were otherwise imployed and
used than by the said Act is directed ; or any thing or things. Act or Acts,
to the contrary in any wise notwithstanding.
VIII. Whereas, by virtue of " An Act to prevent the Sea's further en-
croachment upon the wharfe of Charlestown," ratified in open Assembly,
the sixteenth day of November, one thousand seven hundred, the front
OF SOUTH CAROLINA. 41
Acfs relating to the City of Charleston. A.D. 1704,
line of the wharfe of Charlestown, from the great battery at the end of
Cooper street, to the northward most part of Colonel Robert Daniell's
northermost lolt, is laid out in a continued direct line; and forasmuch, as
several persons, according to the direction of the said Act, have built their
part of the said front wall in the said line, which said wall being carried
out too far, hath, by violence of the wind and sea, been utterly ruined ;
therefore, for the prevention thereof for the future. Be it also enacted by
the authority aforesaid. That at the northermost or southermost end of
Mr. Richard Codner's lott, on the front, at the choice of the said Codner,
the front wall shall be brought within twenty -five foot, and from thence
shall be carried in a direct line to the southermost end of the next battery
on the front line, or as shall be directed by Lieutenant Colonel William
Rhelt, appointed commissioner for executing all the powers granted to him
for carrying on the said wall.
IX. And be it further enacted, That the twenty-five foot as aforesaid,
to be brought in, with the filling up, shall be built and filled up at the
charge of the publick.
Read three times, and ratified in open Asscmhly,
the \th day of November, 1704.
N. JOHNSON,
THOS. BROUGHTON,
JAS. MOORE,
NICHOLAS TROTT,
ROBT. GIBBES,
HENRY NOBLE.
AN ACT TO PREVENT AND SUPPRESS FlUE IN Charles Town. No. 234.
WHEREAS, the town of Charlestown hath already suftered great •''reamble
losses by fires, and daily is exposed to the same unhappy accident ; for
the prevention and better stopping of the same,
I. Be it enacted by his Excellency, John Lord Granville, Palatine, and
the rest of the true and absolute Lords and Proprietors of this Province, g ^ . ^
by and with the advice and consent of the rest of the members of the hooks, fadiler?,
Generall Assembly, now met at Charlestown for the south-west part of <^f^-
this Province, That as soon as conveniently can be, after the ratification
of this Act, leather bucketts, fire-hooks and ladders, shall be provided by
the commissioners appointed in an Act entitled " An Act for the keeping
a watch and good orders in Charlestown," ratified in open Assembly, the
eighth day of May, one thousand seven hundred and three, according to
such directions and orders, and according to such form and manner, as in
the said Act are appointed and enacted.
II. And be it also enacted by the authority aforesaid^ That if any fire
shall happen to break out in any part of Charlestown, that the cornmis- Commissionerej
sioners hereafter named, or any three of them, shall or may, and they are ^PP°""^^ '"
hereby impowered to, give all such directions for the pulling down or houses.
blowing up any such house or houses, that shall be by them adjudged meet
to be pulled down or blown up for the stopping and preventing the further
VII.— 6.
42 STATUTES AT LARGE
A. D. 1704. A.cts rdativg to the City of Charleston.
spreading of the fire ; and if it shall happen that the pulling down or blow-
ing up any such house or houses by the directions aforesaid, shall be the
occasion of stopping the said fire, or the fire stops before it conies to the
same, and not otherwise, then all and every owner of such house or houses
shall receive satisfiaction, and be paid for the same, by the rest of the in-
habitants of Charlestown, whose houses shall not be burnt; and the said
commissioners are hereby empowered to make such rate or rates on the
real or personal estates in Charlestown, for the raising or levying such
sum or sums of money as shall be by the said commissioners thought most
just and reasonable ; Provided ahvays, that if the house where the fire
shall first begin and break out, shall be adjudged fit and necessary to be
pulled down, to hinder the faither spreading and increasing the same, that
then the owners of such house shall receive no manner of satisfaction for
the same ; any thing in this Act, or any other Act, to the contrary notwith-
standing.
., ,. ITI. And be it further enacted by the authority aforesaid, That James
inissioners. Risbee, William Rhett, John Bukely, Esqrs. Maj. William Smith and
Capt. Edward Loughton, or any three of them, are hereby named and
appointed commissioners to put the said powers in execution.
IV. And whereas, there is severall complaints, that most of the inhabi-
tants of Charlestovvn are very negligent in not sweeping and keeping their
chirariies"' chimnies clean, which oftentimes occasions the firing the said chimnies,
taking fire. and SO endangers the firing the house or houses adjoyning the same; Be it
therefore enacted by the authority aforesaid, That if any chimney or chim-
nies in Cliarlestown, after the ratification of this Act, happen to catch
or take fire, the person or persons living in the said house or tenement,
where the said chimney or chimnies so takes and catches fire, shall forfeit
forty shillings, to be levyed by a warrant under the hand and seal of any
justice of the peace, one half to the informer, and the other half to be de-
livered to the commissioners of the poor for the use of the poor.
V. And he it further enacted by the authority aforesaid. That if any
Penalty tor person or persons shall boil any pitch, tarr, rosin or turpentine, within the
&c 'in^Charles-'^^""'^^* *^^ Charlestown, as it is laid out in the grand plot, or if any master
ion. or commander of vessels, sailors or others, shall boil any pitch, tarr, rosin,
or turpentine above the bank and within the front wall in Charlestown,
he or they so offending shall fofeit, for every such offence, forty shillings,
to be recovered before any two of the commissioners aforesaid, or any two
justices of the peace, in such form and manner as small and mean causes
are to be decided, adjudged and recovered, according to the directions of
an Act entitled "An Act for the trial of small and mean causes," the one
moiety of the said forfeiture to be paid to the informer, and the other
moiety to the commissioners of the poor, for the use of the poor of this
Province.
VI. And whereas, several persons keep stills and still-houses in Charles-
Penalty for town, to the s^reat endangering of their own and their neisrbours houses,
keepnig fetiiis. -g^ ;^^ enacted by the authority aforesaid, that if any person or persons
within the intrenchments of Charlestown, shall keep in his, her or their
house or houses, or out-houses, any still or stills exceeding ten gallons,
without license first obtained from the commissioners, or the major part of
them, under their hands, if any person informs any one of the commis-
sioners above named, or any justice of the peace, of the place or places,
house or houses, where such still is set up and used without the said license
first obtained, the said commissioners or justice of the peace shall go and
OF SOUTH CAROLINA. 43
Acts relating to the City of Charleston. A. D, 1707.
view, and he is hereby required to go and view, the said place and still,
and if he find the same to be, according to information, contrary to this
Act, he shall cause the said still to be taken up and the fuinace to be
pulled down, at the charge of the owner thereof, and shall, besides, award
a fine of twenty shillings, to be paid to the informer, by the owner of the
said still and furnace, contrary to the true intent and meaning of this Act;
and if any person or persons shall set up the same again, or any other
still above the limitations of this Act mentioned, the said still and furnace
shall be pulled down again, and over and above he shall be, and he is
hereby made, liable to the same fine and forfeiture laid and imposed on
such persons as boil pitch, tarr, rosin or tuipentine in Charlestown, to be
recovered in such form and manner as the said fines and forfeitures are to
be recovered for such offences, and to the same use.
Read three times, and ratified in open Assembly, Novemher 4, 1704.
N. JOHNSON,
THOS. BROUGHTON,
JAMES MOORE,
NICHOLAS TROTT,
ROBERT GIBBES,
HENRY NOBLE.
AN ACT FOR REPAIRING AND EXPEDITIOUS FINISHING OF THE FoRTIFI- No. 264.
CATIONS IN Charlestown.
Preamble.
WHEREAS, it is highly necessary in this time of warr, for the better
securing of Charlestown, and the preservation of this part of this Pro-
vince, from the attempts of the enemy, that it be well fortified; a7ul
whereas, the fortifications are not yet completed, as well as several parts
thereof that has lately suffered damage are now much out of repair,
which may prove to the great injury of the whole, if speedy care be not
taken and provided.
I. Be it therefore enacted by his Excellency, John Lord Granville,
Palatine, and the rest of the true and absolute Lords and Proprietors of Fortifications
the Province of Carolina, by and with the advice and consent of the rest ^°^® ^'"'®'^*^''"
of the members of the Generall Assembly, now mett at Charlestown, for
the south-west part of this Province, That the several breaches which
has lately been made in any part of the fortifications, either on the front
or back parts of Charlestown, be forthwith repaired, by the direction of
the commissioner hereafter named, by and with the advice and consent of
the Right Honourable Sir Nathaniel Johnson, Knight and Governour of
this Province, or the Governour for the time being; and that the front
wall and fortifications be finished with all expedition, according to such
method and manner as the said commissioner, with the advice and consent
of the Governour aforesaid, shall direct.
II. Be it further enacted by the authority aforesaid, That Captain
Thomas Walker, who is hereby nominated and appointed commissioner be "prcssed."'^^
to manage the repairing and finishing the fortifications, shall have power to
press brick-layers, carpenters, or any other handicrafts, where their work
44 STATUTES AT LARGE
A. D. 1707. j[(.(g relating to the City of Charlesto7i.
is necessary for the repairing the breaches or finishing the frorit wall or
fortifications, allowing the brick-layers, carpenters or any other handicrafts
so pressed for the work aforesaid, six shillings per diem, they finding them-
selves victuals and tools ; as also, power to press white men for overseers,
at three shillings and nine pence per day, they finding themselves victuals ;
and that the said commissioner may be better enabled speedily to finish
and complete the work by this Act appointed, he is hereby impowered to
press any negro men from any persons inhabiting within the limits of
Charlestown, whether his said negroes be in town or country, allowing
and paying to the owner of such negroes, two royalls and half per diem,
or three royalls if tradesmen, the owners finding them victuals.
III. But whereas, some of the inhabitants of Charlestown may possibly
have already imployed their negroes in the country, so that it would be to
their great prejudice and loss if they should be obliged to take off their ne-
_ . eroes and brino them to Charlestown ; it is therefore enacted bv the authority
aforesaid, that if any such person or persons soe having imployed their
negroes the space of three months before the ratification of this Act,
should by the commissioner be summoned to send their or any of their
negroes to the said publick work, such person or persons shall,
upon their declaring on oath, before any of her Majestie's justices of
the peace in this Province, that such their negroes were, three months
before the ratification of this Act, imployed in working in the country,
be exempted from any penalty for not obeying the said summons ; any
thing in this Act contained in any wise to the contrary notwithstanding.
IV. And it is further enacted by the authority aforesaid. That the corn-
Materials to be "^'^^'^^^"^'^ already mentioned, in order to his being the better supplied
pressed. with all necessaries for the carrying on the work aforesaid, is hereby im-
powered to press bricks, lime, flatts, perriaugers, and all other things
necessary for the carrying on the work aforesaid, paying the owners of
such necessaries the accustomary prices, whether received at their respec-
tive landings or at Charlestown ; and that none may be imposed on, it shall
and may be lawfull for every person or persons that has their goods so
pressed as aforesaid, to lay their grievances before the next meeting of
the Generall Assembly, who shall determine the prices that they ought to
have for such their goods soe pressed and taken as aforesaid.
V. And he it also enacted by the authority aforesaid. That if any white
Penalty for re- man, not being disabled by sickness, shall refuse to work as directed by
fusing to work. j.j^g g^j j commissioner, shall forfeit ten shillings for every day's neglect ;
and if a negro, the owner or overseer so I'efusing shall forfeit five shil-
lings ; all which penalties shall be levied by distress and sale of the
offender's goods, by warrant of the said commissioner, directed to any
of the constables of this Province, who are hereby required to execute
the same, upon the penalty of forty shillings for every neglect, to be recov-
ered by warrant from any justice of the peace, as in the Act of small
and mean causes is directed; and in case sufficient distress cannot be
found, it shall be lawfull for the said commissioner, who is hereby impow-
ered and retjuired, by warrant under his hand, diiected to the provost
marshall of this Province, to commit the said person offending to prison,
for any time not exceeding two days, for every day's neglecting or refusing
to work.
VI. And he it likewise enacted by the authority aforesaid, That in case
Summons, the said commissioner, or any other person by his order, shall leave a note
at the dwelling house of any person, requiring him or any negroes to
OF SOUTH CAROLINA. 45
Acts relating to the City of Charleston. A. D. 1707.
come and work upon the said front wall and fortifications, such notice shall
be deemed a sufficient summons to subject the person neglecting his duty,
to the penalties before appointed by this Act.
Vil, And be it further enacted by the authority aforesaid, That all the porfeitures.
forfeitures accruing by this Act shall be paid to the said commissioner, for
the use and towards the charges of the said fortifications.
VIII. And he it further enacted by the authority aforesaid. That in
case any of the workmen or other the labourers are idle, and doe not Time to be
perform their work diligently, and according as they shall be directed by ^1'''
the said commissioner, it shall be lawfull for the said commissioner to
mark and prick down such their idle time and neglects, and deduct the
same out of the wages, if a white man, and if negroes, to order them such
moderate correction as he shall think fitt.
IX. And be it further enacted by the authority aforesaid, That in order Appropriation,
to the carrying on and finishing of the said fortifications, it shall be lawfull
for the said Thomas Walker, commissioner, from time to time, to draw
out of the publick treasury such sume or sumes of money as he shall
have occasion for, and judge necessary for the carrying on and finishing
the said work, by order under his hand, directed to the publick Receiver
for the time benig, who is hereby required to pay the same, so as the
severall orders exceed not the sum of six hundred pounds; and the com-
missioner aforesaid is hereby required and commanded a fair and just
account to keep, of all disbursments on the said fortifications, by him
ordered to be paid by the publick Receiver, and render the same to the
Commons House of Assembly, when by them thereunto required.
X. And he it further enacted, That the said 'J'homas AValker shall
be allowed out of the publick treasury the sum of thirty pounds, which
said sura of thirty pounds is hereby understood in full satisfaction for the
service of the said Thomas Walker, as sole commissioner for finishing
the fortifications, to be paid him upon the finishing the publick work, and
the publick Receiver is hereby required to pay the same.
XI. And whereas, it is highly necessary, for the satisfaction of all per-
sons concerned in the publick treasury, that there be due care taken to ^"'"P*™''^''^^
prevent all mistakes that may happen in the accounts relating to the said pointed.
■publick work; Be it therefore enacted, That Mr. Patrick Martin is hereby
nominated, authorized and appointed comptroller of the said accounts ;
and the better to qualify him for the due execution of that office, the
overseers hired by the said commissioner shall every evening give them,
the said commissioner and comptroller, each, an impartial account of
of every negroe's work for that day, as also, to whom they doe belong ; and
every white man that shall be imployed by the commissioner aforesaid,
on the publick work, or from whom any goods shall be pressed or
bought for that end, are also hereby required to bring in and deliver
their respective accounts to the said comptroller, duplicates of which, by
them signed, shall be given into the said commissioner, within twenty-
four houi-s after he has received such account.
XII. And it is further enacted by the authority aforesaid. That an
account of every sum or sums of money, or any goods whatsoever, that
the said commissioner may, by vertue of this Act, distrain or receive from
any defaulters, shall be given, by the constable distraining, or any other
person receiving such forfeitures, to the said comptroller, who is hereby
authorized and required to keep a just and true account, as well of this,
as all others matters relating to the publick work, and to render them to
Compensation.
46 ■ STATUTES AT LARGE
A. D. 1707. jlcts relating to the City of Charleston.
the Commons House of Assembly, as often as by tliem he shall be there-
unto required.
XIII. And be it enacted by the authority aforesaid, That the said
Patrick Martin, as a reward for his executing this office, shall be allowed
the sum of fifteen pounds, to be paid him upon the finishing the said
publick work, and the publick Receiver for the time being is hereby
required to pay the same; and if the said comptroller shall neglect or not,
faithfully execute the office he is hereby authorized to perform, after he
has undertaken the same upon him, he shall be liable to such abatement
in his wages as by ordinance of the Generall Assembly shall be thought
fitt.
XIV. And it is further enacted by the authority aforesaid, That in case
l^j'lgj^ the aforesaid commissioner or commissioners, or either of them, should
die or depart this Province, or be rendered uncapable of duely executing
their respective offices, as by this Act is expressed and appointed, it shall
and may be lawfull for the Right Honourable Sir Nathaniel Johnson,
Knt and Governour, or the Governour for the time being, to appoint such
other person or persons in his or their places, as he shall think fitt, who
are hereby impovvered to act as fully in this matter as the person or per-
sons they shall succeed, until the next meeting of the Generall Assembly,
and shall be subject to the like penalties.
XV. And it is farther enacted by the authority aforesaid, That Capt.
Sums due to be Thomas Walker, commissioner as aforesaid, have power, and he is hereby
collected. impowered, to recover and receive of and from all manner of person or
persons whatsoever, such sum or sums of money that now are or hereafter
shall be indebted unto the publick on account of building and finishing
the brick wall before any front lott or lotts in Charlestown ; and that the
commissioner aforesaid, upon receipt of such sume or sumes of money
as aforesaid, shall be accountable to the publick, and he is hereby made
lyable and accountable for the same to the publick as aforesaid.
XVI. A7id he it enacted by the authority aforesaid, That the limitts and
bounds of Charlestown, by vertue of this Act, be and extend no further
than is laid out and sett down in the grand plott of the said town.
XVII. And he it further enacted. That an Act entitled " An additional
Act to an Act entitled An Act to prevent the sea's further encroachments
Acts >"epealed. ^p^j^ ^^^ wharfe of Charlestown, and for the repairing and building more
Batteryes," &c, ratified the twenty-third day of September, one thousand
seven hundred and three, is hereby repealed, revoked, disanulled and
made void for ever, any thing in the said Act contained to the contrary
notwithstanding.
XVIII. And he it also enacted, That an Act entitled "An Act for the
expeditious finishing the front line in Charlestown," ratified the fourth day
of May, one thousand seven hundred and four, all the paragraphs and
clauses therein contained, impowering Lieutenant Colonel William Rhett,
late sole commissioner of the said front line and fortifications about
Charlestown, be, and are hereby, repealed, revoked and disanulled and
made void, any thing in the said Act contained to the contrary notwith-
standing ; and that the said Capt. Thomas Walker be, and he is hereby
nominated and appointed, commissioner in the place and stead of the said
Lieutenant Colonel WiUiam Rhett, to doe and execute all such powers
and things as he hath by vertue of this Act ; Provided nevertheless, and it
is the true intent and meaning of this Act, that nothing herein contained
shall extend or be construed to extend to exclude Lieutenant Colonel
OF SOUTH CAROLINA. 47
Acts relating to the City of Charleston. A. D. 1707.
William Rhett, late sole commissioner for the fortifications, from being
liable to make good his accounts concerning the fortifications, to the
House of Commons.
XIX. Ajid he it enacted by the authority aforesaid, That this Act and
every thing therein contained, doe continue and be m force the full terme
and time of five years, from and after the ratification hereof, and from
thence to the end of the next session of the General! Assembly after, and
no longer.
Read three times, and ratified in open Assevihly,
the IZth day of May, A. D. 1707.
N. JOHNSON,
THOS. BROUGHTON,
HENRY NOBLE.
CHAS. BURNHAM,
ROBT. GIBBES,
JAMES RISBEE.
AN ACT for the better regulating the Watch in Charlestown, No. 265.
(Passed July 12, 1707. This Act being identical with No. 207, is omitted.)
AN Addition.\i. act to an Act entituled "An Act for repairing No. 272.
AND EXPEDITIOUS FINISHING OF THE FORTIFICATIONS liN ChARLES
Town," Ratified the twelfth day of July, A. D. 1707,- and for
MAKING reparations TO ALL PERSONS FOR THE DAMAGES THEY SHALL
SUSTAINE BY DEFENDING ChARLES ToWN, OR ANY OTHER PLACE REMOTE
FROM THE people's RESPECTIVE DIVISIONS.
WHEREAS, the commissioner Capt Thomas Walker, by the said
Act, is obliged not to exceed the sume of six hundred pounds for finish- Pi'eamble.
ingthe said fortifications, which said sume, being not only already expended,
but severall persons who have supplied the country with their negroes
(unless some further provision be made than in the before recited Act,)
will receive considerable prejudice, and the said fortifications will like-
wise remain unfinished, whereby, in case of an enemy's invading us, we
may be the less capable of defending this Province; and that the said
fortifications may be made the more defenceible against the assaults and
attacks of an enemy,
I. Be it e?iacted by his Excellency, John Lord Granville, Palatine,
and the rest of the true and absolute Lords and Proprietors of Carolina, Fortifications,
by and with the advice and consent of the rest of the members of the
Geneiall Assembly, now met at Charles Town, for the south-west part of
the said Province, That the said commissioner, Capt. Thomas Walker,
48 STATUTES AT LARGE
A. D. 1707. Acts relating to the City of Charleston.
is hereby impowered and required to pallasade with cedar the trenches
in and about the said fortifications.
II. And be it further enacted. That from and after the ratification of
Fortifications ^^^^^ ^^^' '-^^^ ^'^^^^ Capt. Thomas Walker, commissioner aforesaid, is
to be complet-hei'eby required and impowered, in order to the compleat finishing and
^^* keeping in repair, (with cedar,) the fortifications round about Charles
town, to press or hire tradesmen and negroes, and to buy cedar plank for
the platforms, timber, posts and slabs convenient for repairing the same,
and draw orders for the payment thereof, as fully and amply as before in
the said Act he might, could or should do, and with such tradesmen, ne-
groes, &c., with all expedition to compleat, finish and repair; provided,
that the said severall orderfe exceed not the sume of one thousand
pounds.
III. And he it further enacted by the authority aforesaid. That for
Compensation, better encouragement of the said commissioner to carry on and compleat
the works directed by this Act, the publick Receiver for the time being
shall, and is hereby required to, pay unto him the said commissioner, or
order, the sume of thirty pounds per annum, for the space of two years,
to commence from and after the ratification of this Act, and to be paid
quarterly, for the looking after and keeping in repair the said works, and
a fair account of the same shall keep and render to the Generall Assem-
bly, as often as he shall be thereunto required.
IV. And be it farther enacted by the authority aforesaid, That the
said Thomas Walker, commissioner, shall be under the same fines and
penalties for non-performance of his respective duties in the severall im-
ployments, as in the before recited Acts is expressed.
V. And ivhereas, The inhabitants of this Province have been at great
Compensation charges and expences in fortifying and intrenching Charles Town, and
curred"hft^lie"* '"'^^'' ^^ ^^ further charge in keeping the same in constant repair, and may
public service.be called by the Governour and Commander-in-chief to defend the same,
in case of invasion or alarm ; Be it therefore enacted by the authority afore-
said. That if any person or persons, upon alarm or invasion, shall be order-
ed from their respective places of rendevouz in their severall precincts to
Charles Town, or from Charles Town to any other place, by order of the
Capt. Generall aforesaid, to oppose the enemy, and shall suffer any loss or
damages thereby by the enemy, in their respective divisions, shall be
fully satisfied for the same out of the publick treasury ; which said dama-
ges shall be valued by three freeholders, upon their corporall oath, living
nearest the places where the said damages are sustained, by vertue of a
warrant from under the hand of the Governour and Captain Generall for
the time being, upon complaint made by any person or persons so in-
jured.
VI. And be it also enacted by the authority aforesaid. That a certifi-
cate under the hand of the aforesaid freeholders, containing the value of
the said damages, shall be a sufficient warrant to the publick Receiver for
the time being, to pay the same to the person or persons damnified, if
there be a sufficiency in the treasury to pay the same ; and in case there
be not, the same shall be paid by a tax, equally levied upon the inhabitants
and others having their interest in the Province, or by some other way, as
shall seem meet to the Generall Assembly for the time being.
VII. And ivhereas, neat cattle goes loose about the town, which dam-
nifies the fortifications, contrary to an Act for that purpose, entitled " An
Act to prevent the breaking down and destroying the fortifications, in and
OF SOUTH CAROLINA. 49
Acts relating to the City of Charleston. A. D. 1707.
about Charlestown ;" Be it therefore enacted by the authority aforesaid, That
Capt. Thomas Walker shall have power, and is hereby impowered, toj^g j^^po^mlgj,
erect a common pound, at the most convenient place as he shall think fitt ;
and all such cattle as shall be found goeing loose about Charles Town,
contrary to the aforesaid Act, shall be put into the said common pound,
and there detained, untill the owners thereof shall pay, according as the
said Act directeth, for every neat beast as shall be so impounded; and what
charges the said Walker is at in erecting the said pound, he is hereby im-
powered to draw his note on the publick Receiver, who is hereby impow-
ered and required to pay the same.
Read three times, and ratified in open Assembly,
this 28th day of Novernber, A. D. 1707.
N. JOHNSON,
THOS. BROUGHTON,
HENRY NOBLE,
JAMES RISBEE,
CHARLES BURNHAM.
AN ACT FOR THE BETTER REGULATEING THE WaTCH IN ChARLES No. 276.
Town, and for settleing and maintaining a Watch at the
Fort on Windmill Point.
WHEREAS, in this time of war and eminent danger, a strict watch
ought more especially to be kept in Charlestown, for the better preserva- Pi-eamble.
tion thereof, and maintaining good orders therein; as also for keeping and
maintaining a watch, consisting of a sufficient number of men, at Wind-
mill Point, as aforesaid —
I. Be it enacted by his Excellency John Loid Granville, Palatine, and
the rest of the true and absolute Lords and Proprietors of the Province <■- j
„^_, 1-11 1- 1 1-1 f.1 Commanders
of Carolina, by and with the advice and consent ot the rest oi the mem- of watch.
bers of the General Assembly, now mett at Charlestowne, for the South-
west part of this Province, and it is enacted by tiie authority of the same,
That Richard Wigg, Mathew Porter and Robert Ellis, shall, by commis-
sions under the hand and seal of the Right Honorable the Governor, be
appointed commanders of the nightly watch in Charlestown, together with
the watch at the fort on Windmill Point, and shall finde and procure thirty-
six able watchmen, to be fitted as is hereafter directed ; and the said
commanders shall each of them command in their respective watches
every night, and they are respectively required to keep up half the num-
ber of thirty-six watchmen every night at Charlestown and Windmill
Point, as the General! or Commander-in-chief shall direct.
II. And be it further enacted by the authority aforesaid, That every
one of the said commanders shall, in his turne and on his watch night, have
the whole command of the watch for that night, and all the watchmen
under his command shall obey him as their proper officer for that night,
and as they obey their captains and officers in time of alJarum ; and in
order to enable the said commanders to make their rounds in their night
watches, the commander whose turne it is to watch, shall, between the
VOL. VII.— 7.
50 STATUTES AT LARGE
A. I). 1708. jicis relating to the City of Charleston.
hours of six and seven of the evening of the same night, waite on the
Commander-in chief then in town, to receive the word.
III. And be it further enacted by the authority aforesaid. That the
Corporal. several commanders, in their turnes of watching, shall have power, and
every of them are impowered and directed, to make choice of one of the
watchmen to be a corporal for that night, to assist him in posting sentrys
and taking charge of the guard when the commander goes the round, and
such person so made choice of is hereby also required and commanded
to obey his officer in the quality of a corporal for that night.
IV. And be it further enacted h'j the authority aforesaid, That the said
Regulations, commanders, in their several turnes of watching, do take great care, and
they are hereby enjoyned and comanded to be carefull, and see that the
watchmen under their command be stout able men, not under sixteen nor
exceeding sixty years of age, and that they have their armes well fixed
and in good order ; and that the commanders, by themselves, at least once
in a week, do exercise all the watchmen in the ready use of their armes ;
and do take care that all disturbances and disorders in the night be pre-
vented and suppressed ; and to examine all persons at unseasonable
hours of the night, of their business abroad, and whither they are
goeing, and in case they give not reasonable satisfaction therein, or
are persons of ill-behavionr, or justly suspected to have any unlawful]
intention or designe, that in such case the said commander secure upon
the guard all such disorderly or suspected persons untill the morning, and
then to carry them before some justice of the peace, to be examined and
proceeded against, according to the nature of their offence, and as is by
law directed.
V. Ayid be it further enacted by the authority aforesaid. That the said
commanders shall each night, in their severall turns, go the rounds twice
» every nioht, and shall have power, and they ai"e hereby impowered, at any
time in the night, to enter into any public house in Charlestown, and to
examine all such persons as they shall finde in said houses, and having just
reason to suspect any to be disorderly persons, to secure them on the
guard till morning, and then to carry them before a justice of the peace,
, to be examined and proceeded against according to law ; and in case
they finde any sailors in any of the said publick houses after the watch is
sett, that he doe immediately secure them on the guard untill the next
morning, and then carry them before a justice of the peace, to be examin-
ed ; and in case they doe not make it appear to the satisfaction of said
justice that they have leave from their respective comanders to be absent
from their vessels and business, that then each sailor so offending shall
forfeit the sume of five shillings, to be paid and distributed equally be-
tween the commander of the watch and their watchmen ; and in case any
sailor so convicted as aforesaid shall refuse to pay the said five shillings
as ordered, it shall be lawfull for the said justice of the peace, and he is
hereby required and impowered, to commit the said sailor to prison, that
payment may be made as aforesaid ; and the master or mistress of such
public house in which such sailor or sailors is or are found, shall forfeit
also ten shillings, to be distributed as aforesaid ; which said forfeiture, if
refused to be paid, shall be levied by a warrant under the hand and seal
of any justice of the peace, by distress and sale of the offender's goods,
returning the overplus, after necessary charges deducted ; and for want of
such distress, to commit such person or pei'sons to prison untill payment
be made.
OF SOUTH CAROLINA. 51
Acts relating to the City of Charleston. ^- ^- ^^08.
VI. And be it further enacted by the authority aforesaid, That all and
every of the aforesaid thirty-six watchmen, which by the said commanders Regulations,
shall be inlisted or hired to keep watch in Charlestown and Windmill
Point as aforesaid, shall be well and compleally armed and fixed with
armes and ammunition, that is to say, one good sufficient gun well fixed,
and good cover for his lock, one good carteridge box with at least twenty
carteridges of good powder and ball, one good belt or girdle, one ball of
wax sticking at the end of the carteridge box to defend the armes in
raine, one worm, one wier, four good spare flints, and a sword or bayonet,
together with at least forty swan shott.
VII. And he it further enacted, by the authority aforesaid. That if any
of the said commanders whose duty it is to take charge of the watches,
shall refuse or neglect in his turne, not being disabled by sickness, in
which case he shall procure one other fitt and proper person in his room
to command and officiate for him ; and if the said commanders do not
appear on their respective watch, be found drunk or asleep, or shall
excuse any watchman from his ordinary duty, or shall neglect or refuse to
receive the word, or go the rounds, or omit to exercise his men, such
commanders, or such persons officiating for them as aforesaid, so offending,
or being thereof convicted, by the oath of two credible persons, before a
justice of the peace, for each offence shall forfeit the sume of five pounds,
to be abated out of their wages, and to be given to the chuich-wardens of
Charlestown, for the use of the poore of the parish of St. Philips, Charles-
town ; and if any of the said commanders hereby appointed to command
the watch, shall depait this life, town or Province, or be rendered unser-
viceable by long and tedious sickness, that then the Right Honorable the
Governor, or the Governor for the time being, shall appoint another fitt
person in his or their roomes, who shall be, and he or they are hereby
declared to be, the commander or commanders of the said watches by
force of such appointment, untill the next sessions of the General Assem-
bly, and so shall continue, unless removed by an ordinance of the same;
and the person or persons so appointed shall have the same powers, and
be under the same restrictions, fines and forfeitures, as the person or per-
sons were, whom he or they shall succeed.
VIII. And be it further enacted by the authority aforesaid, That if
any of the said thirty-six watchmen who are hereby obliged to watch,
shall refuse or neglect to watch, or shall appear on the watch without his
armes compleatly fixed and furnished as aforesaid, or shall be drunk on
the watch, or go from thence to any house and there get drunk, or shall
leave his guard before he be duly discharged by his respective commander,
or shall disobey any of his lawful commands, such watchman shall, for
every such offence, forfeit the sum of tenn shillings, to be paid to the
church-wardens for the use of the poore as aforesaid.
IX. And be it further enacted by the authority aforesaid. That the said,
commanders who are hereby impowered to command the watches in their
turnes, shall, from time to time, and at all times, follow such orders as
shall be given them in charge by the Right Honorable the Governor for
the time being, or the Commander-in-chief, concerning the ordering and
disposeing the watches, placeing of centerys, or any other thing relating
to their duty and the well performing their watches.
X. And for the better encouragement of the said commanders to be
diligent and carefull in their respective turnes of watching, and as a re- Compensation,
ward for the same, Be it further enacted hy the authority aforesaid, That
52 STATUTES AT LARGE
A. D. 1708. Acts relating to the City of Charleston.
each of the said commanders shall be allowed at the rate of forty pounds
per annum, current money of this Province, and that each inlisted watch-
man be paid at the rate of twenty pounds per annum, like current money,
to be paid quarterly, by the commissioners hereafter mentioned, the first
quarterly payment to be made the twenty-fifth day of July next after the
ratification of this Act, and so to continue quarterly.
XI. Whereas, in order to the paying the above mentioned salaries, and
Assessment, defraying the other necessary charges, as fire and candles, and other con-
tingencies of the watch in Charlestown and Windmill Point, it is neces-
sary that an annuall revenue be raised, amounting to the sume of eight
hundred and forty pounds, current money as aforesaid ; Be it therefore
enacted by the authority aforesaid. That in order to the raising the said
sume of eight hundred and forty pounds annually, duely paid, that is
to say, one third part thereof by an equall assessment upon the estates,
real and personal, of the inhabitants that lieth within the plott of Charles-
town, the other two-thirds by the public receiver for the time being, out
of the publick treasury, to the commissioners hereafter nominated and
appointed.
XII. And he it further enacted by the authority aforesaid. That Mr.
Roll to be William Gibbon, Majar Alexander Parris, Mr. Lewis Pasquereau, Mr.
made. Samuel Eveleigh and Mr. Richard Parke, shall be the assessors for this
Act; and they, or any three of them, upon their oaths, administered by
any justice of the peace of this Province, shall be, and are hereby, im-
powered to meet att Charlestown, on or before twenty days of each res-
pective quarterly day of payment, and shall make a roll or schedule of
the names of all such persons as by this Act are required to pay quarterly
their proportion of the sume aforesaid ; and the names of the said per-
sons being entered in a loU or schedule, signed and sealed by them, the
said assessors, or any three of them, shall, from lime to time, deliver to the
commissioners hereafter named, who shall give notice to all and every
person concerned in the said roll or schedule, which is to make up the
said sum of eight hundred and forty pounds, or to their attorneys or
agents, how much money he or she is to pay; and if the said person or
persons, or some other persons for them, do not, within ten days after
such notice given, pay unto the commissioners hereafter named, or whom
they shall appoint, the sume of money he or she is to pay, that then it shall
be lawful for the said commissioners, or any two of them, and they are
hereby authorized and required, by warrant of distress under their hands
and seals, directed to any constable of this Province, to levey the same by
distress on the goods and chattels of the persons so neglecting or refuse-
ing to pay, and' to sell and dispose of the said goods so distrained, return-
ing the overplus, after charges deducted; and for want of such distress,
to commit the person to prison till payment be made.
XIII. And be it further enacted by the authority aforesaid, That Mr.
Jacob Satur, Mr. Anthony Mathews and Mr. Elisha Prioleau, or any two
Assessors. ^^ them, are hereby appointed assessors to rate and assess the aforesaid
assessors and commissioners, according to the true intent and meaning of
this Act.
XIV. Be it further enacted by the authority aforesaid. That if any per-
son or persons, certified, assessed or rated, for or in respect of any matter
^^'^'^ ■ or thing, by which by this Act he or they is rated or charged, doe fiiide
him or them grieved or overcharged by such rating, in five days after
notice given them of such assessment, may complaine or appeale to any
OF SOUTH CAROLINA. 53
Acts relating to the City of Charleston. A. D. 1708.
one justice of the peace, inhabitant of Charlestown, who shall or may
examine any person or persons so complaining, upon his or their corporal
oaths, touching the value of his or their personall estates as aforesaid, and
upon due examination, abate or defaulk proportionably the said assess-
ment, and the same so abated shall be certified by the justice aforesaid
to the commissioners aforesaid, and such assessment so certified as afore-
said shall be deemed firm and valid in law.
XV. Be it further enacted, That in case any of the above mentioned
assessors shall happen to dye or remove from Charlestown, that so there Vacancies
be not the full number of five, that then the Governour for the time being filled.
is hereby requested and authorized to appoint so many person or persons
in Charlestown, to be assessors to make up the number of five, which
shall so continue, unless removed by an ordinance of the General
Assembly.
XVI. And he it further enacted by the authority aforesaid. That Mr.
James Ingerson, Mr. Benjamin Godin, and Mr. Andrew Allen, or any Commission-
two of them, be, and are hereby nominated, the commissioners mentioned ^'"^•
in this Act, and to exercise all the anthoritys and powers given them as
commissioners in this Act, and for the disposeing of all moneys to be
raised and laid out by virtue of this Act; and the commissioners aforesaid
are nominated and appointed receivers of all the moneys to be raised by
virtue of this Act, to be paid out by them, or any person or persons whom
they shall appoint; which moneys shall be laid out by the commissioners
aforesaid, for the paying the commanders and watchmen their wages or
salary, which amounteth to the sume of eight hundred and forty pounds
per annum, and for the contingent charges relatmg to the watches as
aforesaid.
XVII. And he it further enacted, That in case any of the said commis-
sioners shall happen to dye or remove from Charlestown, or refuse or Vacancies,
neglect to do his or their duty, by this Act required, then the Governour
for the time being is hereby requested and authorized to appoint some
other inhabitant of Charlestown, to be ccmimissioner or commissioners in
the place of him or them so deceased or shall live out of Charlestown,
or neglect or refuse his or their duty as aforesaid ; which said commis-
sioner or commissioners so appointed by the Governour as aforesaid, shall
continue as such, unless removed by an ordinane of the General Assembly.
XVIII. And be it further enact edhy ihe authority aforesaid. That all
and every assessors and commissioners appointed by virtue of this Act, Penalty,
which shall and doe refuse or neglect to doe and performe all which things
by this Act they are obliged and required, shall forfeit, for every offence,
the sume of five pounds, one halfe to be paid to the publick receiver, for
the use of the publick, the other half to him or them that will sue for the
same in any court of record in this Province, by action of debt, bill, plaint
or information, wherein no essoigne, protection, priviledge, injunction,
wager of law, or stay of prosecution by nan vult ulterius prosequi, or other-
wise, shall be admitted or allowed.
XIX. And he it further enacted by the authority aforesaid. That all
sum and sums of money due to the late watchmen by virtue of an Act Arrears to be
entituled "An Act for the better regulating a watch in Charlestown," rati-P**
fied in open Assembly the twelfth day of July, one thousand seven hun-
dred and seven, be collected according to the tenour of said Act, upon
the penaltys therein inserted, and that the said sum or sums, with all
expedition, be paid to the aforesaid watchmen, as appointed by said Act,
54 ^ STATUTES AT LARGE
A. D. 1709. Acts relating to the City of Charleston.
any thing in this Act to the contrary in any wise notwithstanding ; and
that all other things in the Act aforesaid, be repealed, and are hereby de-
clared repealed, annulled and made void, to all intents and purposes what-
soever.
XX. And he it further enacted by the authority aforesaid, That this
Act, and every thing therein contained, shall continue and be in force six
months, and no longer.
Read three times and ratified in open Assembly,
this tiocntyfourth day of April, A. D. 1708.
N. JOHNSON,
HENRY NOBLE,
JAMES RLSBEE,
NICHOLAS TROTT,
CHA. BURNHAM.
No. 282. AN ACT for setting a Watch in Charles Town.
WHEREAS, there has been for a long time past, no regular watch
Preamble, kept in Charles Town, which, if not duly taken care of and in time prevent-
ed, now in this time of warr and eminent danger, may be of fatal conse-
quence, and the ruin of this flourishing and thriving town.
I. Be it enacted by his Excellency, William Lord Craven, Palatine, and
the rest of the true and absolute Lords and Proprietors of the Province
of Carolina, by and with the advice and consent of the rest of the mem-
bers of the General Assembly, now met at Charlestown, for the south-west
^mmoiied'^ paitof this Province, And it is enacted by the authoiity of the same. That
the constables of Charles Town shall, within five days after the ratifica-
tion hereof, make a list of all the inhabitants of Charles Town, and the
same to the Governor, or any justice of quorum dwelling in Charles Town,
returne, and a list as aforesaid, every three months constantly to the
Governour or justice aforesaid, returne, which list so returned, the con-
stables aforesaid, beginning with the first names thereof, shall summon
tenn men, well equiped with arms and ammunition as the Act of militia
directs, to keep watch with him or them, or their deputies, (approved by
the commissioners hereafter named,) in said town, from the hour of nhie
at night, to the hour of four in the morning, from the fifth day after the
ratification of this Act, to the twentieth day of September following ; and
from the hour of eight at night, to the hour of six in the morning, from
the twentieth day of September, to the twentieth day of March following;
yearly, each person in his turne, as they are sett down in the said list ;
and in times of eminent danger, the Right Honorable the Governour, or
the Governour for the time being, or any by him appointed, shall have
power to double the said watch when they shall see occasion ; and if it
shall so happen one or more persons should be sick, that usually and
generally watches in person, when it comes to his or their turne to watch,
which sickness to be made appear before any of the commissioners, the
said person or persons shall find or procure another person to watch in
his or their roome or stead, which said person so sent shall have a certificate
OF SOUTH CAROLINA. 55
Acts relating to the City of Charleston. A. D. 1709.
as is hereafter appointed ; and when all the persons in the said list have
watched once round, or sent an able man in his roome as appointed, then
the first person in the said list to begin again, and so in order; and every
person which after summons to watch or send an able man in his roome,
he or they that so neglects or refuses, shall forfeit five shillings, to be
levied by a warrant under a justice's hand and seal, directed to a constable ;
and as often as any constable shall make returne upon oath, that he cannot
find effects upon which to execute said warrant, any one justice is hereby
impowered to committ such person or persons to gaole, till payment be
made ; and every constable which shall or doth neglect or refuse, either
by himself or deputy as aforesaid, to summons such persons as in course
ought to watch, to forfeit ten shillings, for each neglect or refusal), to
be levied as before appointed ; and the forfeitures of each person which
did neglect or refuse to watch in his turne, and likewise the forfeitures of
the constables, shall be paid to the constables not neglecting or refusing to
watch, towards the purchasing and buying of candles and fire-wood for
the watch-house.
II. And whereas, severall houses in Charles Town are and may be
inhabited by families, amongst whom are no male persons, but are well gui^gtitutes.
able to bear the charges of hiring a man to watch; Be it enacted, That
every such family shall find a man to watch, and the constables in the list
aforesaid shall returne such families ; and every such person so returned
that shall neglect or refuse to send an able man to watch for them as is
hereby provided, shall forfeit the sum of five shillings, to be recovered in
such manner and form, and for such use, as the forfeitures of those that
shall neglect to watch in their own persons.
III. And he it enacted. That the watch-house fronting the broad street,
be the watch-house for the constables appointed by this Act.
IV. And he it enacted. That no person shall put any man to watch in
his stead, which shall not be first allowed and approved of, by a certifi-
cate under the hand of a justice of the peace in Charles Town ; and
every person which shall send any man to watch for him, not approved as
aforesaid, shall forfeit as if he had not watched, or not provided any man
in his roome.
V. And he it further enacted. That any person or persons whatsoever, gj^^ .
found sleeping upon the watch as aforesaid, being convicted thereof be- watch. ^
fore a justice of the peace, shall forfeit ten shillings, for the use of him
or them that will inform and sue for the same ; and if any person being
found sleeping as aforesaid, and convicted as aforesaid, shall refuse and
deny to pay the forfeiture as aforesaid, shall, by order of any one justice
of the peace, be tied neck and heels one hour next morning after such
conviction.
VI. And he it further enacted by the authority aforesaid. That Lieut.
Coll. Alexander Parris, Capt. Michael Maury, Mr. Richard Wigg, Mr. Commiasionera
Jacob Satur and Mr. William Gibbon, or any three of them, are hereby
appointed commissioners to execute the powers granted them by this Act ;
and that in case any of the commissioners, or any other hereafter appoint-
ed, shall depart this life or go out of this Province, the Governour for the
time being is hereby desired, impowered and authorized to appoint
another in his or their roomes, which person so named and appointed shall
have the like power as the aforesaid commissioners have or shall have.
VII. And he it further enacted. That this Act, and every thing therein
56 STATUTES AT LARGE
A. D. 1709. Acts relating to the City of CliarJeston.
contained, do continue in force for and during the space of two years
after the ratification thereof, and from thence to the end of the next ses-
sion of the General! Assembly, and no longer.
Read three times and ratified in open Asssemhly,
the 1th day of May, 1709.
N. JOHNSON,
GEO. SMITH,
THOS. BROUGHTON,
RICH. BERESFORD.
No. 296. AN ACT for the erecting of a new Brick Church ^at Charles
Town, to be the Parish Church of St. Philip's, Charles
Town.
WHEREAS, severall persons are desirous to have a new Church
Preamble, built of brick in Charles Town, to be the Parish Church there, and a
tower or steeple, and a ring of bells therein, together with a coemetry or
church-yard, to be inclosed in a brick wall, for the burial of christian peo-
ple. And whereas, several charitable and well disposed persons would
contribute towards the building of a church as aforesaid, in case any per-
son or persons were authorized and appointed to receive and take care of
all such moneys as shall be given and collected for the building of a
church as aforesaid, and would be supervisor or supervisors for the build-
ing of the said church, as also for the inclosing the ccemetry or church-yard ;
and also that there was a convenient place appointed, upon which to
build the same, and for the inclosing the coemetry and church yard —
I. Be it therefore enacted, by his Excellency, William Lord Craven, Pala-
tine, and the rest of the true and absolute Lords and Proprietors of this
Commissioners pj.Qyjjjgg|jy gj^j with the advice and consent of the rest of the members
take a srant of of the Generall Assembly, now met at Charlestown, for the south-west part
any town lot to of this Province, and by the authority of the same. That the commissioners
ciiurchu'pon. hereafter named, or any two of them, shall have power, and they are
hereby impowered and authorized, to purchase and take a grant or con-
veyance of any town lott or lotts in Charles Town, from any person or
persons whatsoever, that are owners of, or otherwise authorized and im-
powered to sell and convey the same ; and the town lott or lotts so purchased
and conveyed to the said commissioners, for the use of the coemetry or
church-yard, and the building of a church upon the same, shall be ap-
propriated and separated, and the same is hereby appropriated, separated
and dedicated to the service of God, for a new church to be built thereon,
and to be the ccsmetry or church-yard, for the burial of christian people;
and when a church shall be built thereon, and the coemetry or church-yard
inclosed, the same is hereby enacted and declared to be, the Parish Church
and church-yard of St. Philip's, Charles Town.
II. And be it further enacted by the authority aforesaid. That the Rev.
Mr. Gideon Johnston, Coll. William Rhett, Coll. Alexander Parris, Mr.
William Gibbon, Mr. John Bee and Mr. Jacob Satur, be, and they are
OF SOUTH CAROLINA. 57
Acts relating to the City of Charleston. A. D. 1711.
hereby appointed, commmissioners or supervisors for the building of the
said church, and that they, or any of them, be impowered and authorized to receive mo-
to take subscriptions, and to receive, gather and collect, all or any such nev.
sum or sums of money as any charitable and well disposed person or per-
sons shall contribute for the purposes aforesaid.
III. And be it further enacted by the authority aforesaid. That the said
commissioners or supervisors, or any of them, out of the said money that ^JJ[|j.^^^^j.
shall be so collected, shall have power, and they are hereby authorized
and impowered, to purchase one or more town lot or lots for the coemetry
or church-yard, and on the same to build the said church, and the steeple
to the said church, of such highth and dimensions, and of such materials,
and in such model and form, as they shall think fitting ; and shall also in-
close the said coBmetry or church-yard with a wall and one or more gates,
of such materials and of such dimensions as they shall think fitting ; and
shall also procure a ring of bells, of such number, weight and bigness, as
they shall think fitting and direct.
IV, And be it farther enacted by the authority aforesaid. That after the
said Church is built, that the pews in the said church shall be built by the Pows.
direction and appointment of the said commissioners, by and with the
advice and consent of the major part of the vestry of the Parish of St.
Philip's in Charles Town ; and in case any difference shall arise about the
building of any the pews, that the same shall be finally decided by the
Governour and Council of this Province, excepting the great pew designed ■
to be built in the said church for the use of the Governour and Council,
which shall be built in such place in the church, and of such dimensions
and form, as the Governor and Council shall direct.
VI. And be it further enacted by the authority aforesaid. That in case
of the death of the commissioners, or any of them, the vestry for the time Vacancies,
being shall, and they are hereby impowered to, nominate another in the
stead and place of the commissioner or commissioners so deceased.
VI. Which enacteth, that Mr. Aiken Williamson shall be allowed out
of the publick treasury thirty pounds per annum, during his life.
Read three times and ratified in open Assembly,
March 1, 1710—11.
ROBT. GIBBES,
ROBT. DANIEL,
SAML. EVELEIGH,
THOS. SMITH,
THOS. DISTON,
STEPHEN GIBBES.
AN ACT for the keeping and maintaining a Watch and good orders in No. 306,
Charlestown.
(Passed 10th November, 1711, This Act is similar to others on thH subject, and therefore
omitted.)
VII.— 8.
STATUTES AT LARGE
Acts relating to the City of Charleston.
No. 335. AN Additional ACT to an Act entituled "An Act to prevent
AND SUPPRESS FlUE IN ChARLES ToWN."
WHEREAS, notwithstanding the provision made by the said Act
Preamble intituled "An Act to prevent and suppress fire in Charlestown," duely
ratified in open Assembly the fiaurth day of November, 1704, fires have
several times happened to break out in the said Charlestown, principally
occasioned by reason of the joyning and nearness of the buildings, being
mostly timber ; for the better preventing of such accideuts for the future,
and damage and loss thereby,
I. Be it enacted by the most noble Prince, Henry, Duke of Beaufort,
No building to Lord Palatine, and the rest of the true and absolute Loids and Proprie-
Charlestown ^^^^ ^^ ^^^^ Province, by and with the advice and consent of the rest of
but of brick, the members of the Grenerall Assembly, now mett at Charlestown, for the
South-west part of tliis Province, and by the authority of the same, That
after sixty days from the ratification of this Act, no dwelling house, shop,
ware-house, barne, stable, or any other building whatsoever, of timber,
(unless the said timber be upon the very spot of land,) shall be erected or
set up within the lines of the fortifications of Charlestown, but of brick,
unless in particular cases, as hereafter is directed by this Act; and if any
person shall presume to erect, or cause to be erected, any frame or build-
ing of timber, contrary to the true intent and meaning of this Act, upon
conviction thereof before any three or more of the commissioners here-
after appointed by this Act, such building shall be deemed a common
nusance, and the owner of such frame or building shall enter into a bond
or recognizance, in such sume as the said commissioners, or any three of
them, shall think fitting, to demolish the same ; and in default of entering
into such bond or recognizance, shall, by the said commissioners, or any
three of them, be committed to prison, there to abide, without bail or
mainprize, untill he or she shall cause the same to be demolished ; or else
such building shall be demolished by order of the said commissioners, or
any three of them, and the charges thereof to be levied by distress and
sale of such offender's goods, by warrant from any three of the said com-
missioners, directed to any of the constables of Charlestown, who are
hereby required and commanded to execute all such warrants, under the
forfeiture of ten pounds for every neglect therein.
II. And be it further enacted by the authority aforesaid. That every
person building as aforesaid, with l)rick, shall have liberty to set half his
partition wall in his next neighbour's ground, so he leave a toothing in
the corner of such wall, foi his neighbour to adjoyn unto, who, when he
shall build, such neighbour adjoyning shall pay for one half of the said
partition wall, so far as he makes use of the same.
III. And whereas, several fires have lately happened in Chai'lestown,
Straw &c., not by reason of jiersons keeping straw or fodder in their houses; for the
houses.^'^' '" prevention of which evil foi' the future. Be it further enacted by the
authority aforesaid. That in four months after the ratification of this Act,
no person in Charlestown whatsoever, shall be peimitted to keep any
straw or hay in his dwelling house or kitchen, or out-house that is joyning
to his dwelling house, on the penalty of the forfeiture of ten pounds for
every such offence ; and the commissioners of this Act, or any three of
them, to have power to order such straw or hay to be removed.
IV. And tohcreas, by the above mentioned Act to prevent and suppress
fire in Charlestown, James Risbee, William Rliett and John Buckley,
OF SOUTH CAROLINA. 59
Acts relating to the City of Charleston. A.D. 17i:j,
Esqrs., Major William Smith and Capt. Edward Lougliton, or any three
of them, are thereby named and appointed the commissioners for the said
Act, but no provision is made for supply and continuance of the commis-
sioners in case of death or removal ; and whereas, the said John Buckley
and Edward l^oughton are since deceased, and the said James Risbee
removed out of this Pi-ovince, and the said William Smith is removed out
of the town, so that the said William Rhett is the only commissioner now-
remaining in Charlestown, whereby a sufficient number of commissioners
are not left to put in execution the powers granted to the said commis-
sioners by the said Act; for the remedying of which, Be it further enacted
by the authority aforesaid. That Samuel Eveleigh, Esq., Col. William
Rhett, Col. Alexander Parris, Mr. John Guerard, and Mr. John Bee, be, Com'rs. ap-
and are hereby appointed, the commissioners, and they, or any three of '^°'"'^'^*
them, are hereby appointed the commissioners to put in execution all the
powers granted to the commissioners in the above recited Act, to prevent
and suppress fire in Charlestown, and also all the powers granted to the
commissioners in this additionnl Act; and that in case of death or removal
of any of the said commissioners, it shall be lawful for the honourable
the Governour and his council, for the time being, and they are hereby
authorized and required, to supply the number of the said commissioners
out of any of the inhabitants of the said Charlestown; and such persons so
appointed to be commissioner by the said Governour and council, shall
have all the powers of commissioners, as fully and amply, to all intents
and purposes, as if they were expressly named in this Act, and shall con-
tinue as such until removed by the vote of the House of Commons, and
others by them nominated in their rooms.
V. And he it further enacted by the authority aforesaid. That as soon
as conveniently can be, after the ratification of this Act, an engine, with Engines .fee.
buckets and other necessaries for the extinguishing of fire, shall be pur- to be provided,
chased and provided by the commissioners aforesaid, or any three of them,
for the use of the said Charlestown ; and the said commissioners, or any
three of them, are hereby further impowered to order wells to be duf,
and to fix pumps, in such convenient places in Charlestown as shall be
thought proper, to supply the engine and buckets with water ; and to
defray the costs of such engines, buckets and other necessaries, and also
the wells and pumps, it shall be lawful for the said commissioners, or any
three of them, by an order under their hands, to order any three or more
discreet persons to make an assessment upon the owners of the houses
within the intrenchments of Charlestown, according to the value of the
several houses ; and upon refusal or non-payment of such assessment, to
levy the same upon the persons assessed, by warrant of distress, directed
to any of the constables of Charlestown, signed by any three of the said
commissioners; and the constables are hereby obliged and commanded to
execute such warrants, under the penalty of fiVe pounds for every neglect.
VI. And he it further enacted by the authority aforesaid, That all the
sums of money, fines and forfeitures, mentioned in this Act, not exceeding ^me^ how to
the sum of forty shillings, and not before particularly disposed of, nor the be"?cov°ered"
manner of the recovery directed by this Act, shall be prosecuted, adjudg-**"'' (lisposed
ed, levied and distrained, by warrant from any one justice of the peace'' '
in this Province, as in the Act for the trial of small and mean causes is
directed ; and the same being so recovered, shall be paid to the commis-
sioners of this Act, towards the repairing of the engine, buckets, ladders
and other utensils for the extinguishing of fires; and all the sums of
60
STATUTES AT LARGE
A. I). 1713.
Acts relating to. the City of Cliarleston.
money, fines and forfeitures, mentioned in this Act, exceeding the sum of
forty shillings, and not before particularly disposed of, nor the manner of
the recovery directed by this Act, the one half thereof shall be paid to
the commissioners of this Act, for the uses aforesaid, and tlie other half
to him or them that will sue for the same, by action of debt, suit, bill,
plaint or information, in any court of recoi'd in this Province, wherein no
essoign or wager of law, or stay of prosecution by non vult ulterius
prosequi, or otherwise, shall be allowed or admitted.
VII. And he it further enacted by the authority aforesaid, That if any
General issue action, plaint, suit or information, shall be commenced and prosecuted
maybe plead- against any person or persons, for what he or they shall do in performance
' * or execution of this Act, such person or persons so sued may plead the
general issue, not guilty, and upon issue joyned, may give this Act and
the special matter in evidence ; and if the plaintiff or prosecutor shall
become non-suit, or suffer discontinuance, or if a verdict pass against him
or them, the defendant or defendants shall recover his or their treble
costs, for which he or they shall have the like remedy as in any cases
where costs by law are given to the defendants.
Read three times and ratifiedin open Assembly, December IS, 1713,
CHARLES CRAVEN,
CHARLES HART,
ARTHUR MIDDLETON,
RALPH IZARD,
RICHARD BERESFORD,
SAMUEL EVELEIGH.
No. 341. aN act for the keeping and maintaining a Watch and good orders in
Charlestown.
(Passed Decei;nber 18, 1713. Similar to previous Acts on the same subject, and there-
fore omitted.)
no. 345. an additional act to an additional act to an act entitled
" An Act for preventing the Sea's further encroachment on
THE Wharfe of Charles Town, and for repairing the Bas-
tions, Half-moon and Redoubts of the same.
WHEREAS, the wharfe before Charles Town was fenced with a
Preamble, brick wall and pallasaded, in order to defend the sea's encroachment on
the said wharfe, but finding said wall and pallasadoes not sufficient to se-
cure Charles Town, especially the front thereof, against the violent
storms and hurricanes, that for these two years last past hath been upon us,
to the undermining and ruining great part of the fortifications and front
wall before Charles Town, and will in few years, if timely care be not
OF SOUTH CAROLINA. 61
Acts relating to tlie City of Charleston. A. D. 171 4.
taken, break down and carry away all the remaining wharfe, with the
houses next thereon standing — therefore, for prevention thereof,
I. Be it enacted by his Excellency the Palatine, and the rest of the true
and absolute Lords and Proprietors of this Province, by and with the p^.j^j. ^^^j ^^
advice and consent of the rest of the membeis of the General Assembly, be built, and
now met at Charlestown, for the South-west part of the said Province, '^°"'*
and it is enacted by the authority of the same, That all and every person
or persons, that hold, by what title soever, any lot or lots, or part of any
lot or lots, which joyn next immediately to Granville Bastion, the north
side thereof, and to the southermost side of Craven Bastion, butting upon
Cooper River, shall, before the first day of September next after the
ratification hereof, make, or cause to be made, before so much of the
wharfe as lyes before all the land he hath pointing to Cooper River with-
in the limits aforesaid, a brick wall, the length of five bricks at the foun-
dation, and diminishing to four bricks on the top, with sufficient land ties,
such as the commissionei's hereafter named shall think fit, and in such
manner as is hereafter provided, that is to say : all the aforesaid owners
of the said lots, from the northermost end or side of Granville Bastion,
to the south side of the lot of Mr. Francis Scampton, deceased, shall
build the wall aforesaid, from the foundation thereof, even with that entire
part of the said wall as is now standing; and all the aforesaid owners of
the said lots, from the southermost part of Coll. Robert Daniel's lots, to the
south side of Craven Bastion, shall build the said wall as aforesaid, even
with that entire part of the said wall as is now standing ; and the founda-
tion of all and every part within the said wall, fronting the whole wharfe,
by each and every respective owner thereof, shall be filled up to the super-
fices of the said street or wharfe, according as the commissioners hereafter
named, or any two of them, shall approve; and the said wall, with the
filling up, shall be kept in repair, at the sole cost and charge of every
respective owner thereof; but if the said commissioners shall think fit,
that any part of the foundation is not sufficient to bear the said wall, the
aforesaid commissioners, or any two of them, are hereby ordered to make
said foundation good, at the sole charge of the owner.
II. And be it fwrtlier enacted by the authority aforesaid, That if any
person begins to work and build his respective part of the said wall, be-
fore his next adjoining neighbour begins, shall be obliged to build the end
or ends of his part of the said wall with a rocking back toothing equita-
bly proportioned, both in labour and materials, as to the surface of the
foundation in his neighbour's ground, and want of ihe topp of his own
wall, to be adjudged by the said commissioners ; or otherwise, if he build
and finish the end of his said wall to the extremity of his own part upright,
in such case, the said person or persons so doing, shall leave also a good
and usual toothing thereto ; and shall also, at and against the end of the
said wall, build a good butting for the support of the same, in such man-
ner and form as the commissioners aforesaid shall direct; which said
butress shall be built in such place as a party wall ought to be; and every
person or persons whose wall shall be first built, shall recover of and from
his next neighbour adjoining, the one half of all his aforesaid charges of the
building the said buttress so built and finished, by warrant from any justice
of the peace, as in the Act of small and mean causes is directed.
III. Whereas, several persons lay claim to sundry lots upon the Bay,
from high-water to low-water mark, who do not contribute to the building
62 STATUTES AT LARGE-
A. D.1714. Jlcig relating to the City of Charleston.
of the front wall ; Be it enacted by the authority aforesaid, That any per-
sons who shall build or erect a bridge, from high-water mark as aforesaid,
shall reimburse the charges that the proprietors of the lot or house front-
ing the said wall shall be at, in proportion to the breadth tbe said
bridge shall reach.
IV. Xnd he it also enacted by the authority aforesaid, That any per-
son whatsoever which shall presume to begin, or having begun, shall
deviate from the manner and method of building their respective part of
the wall as before is prescribed and directed, in such case, after due di-
rection and notice given by the commissioners, it shall and may be lawfull
for them the said commissioners to rase and demolish that part of the wall
which shall be done contrary to the said direction.
V. And he it further enacted by the authority aforesaid, That any
Penalty. person whatsoever which holds by grant, or any other conveyance, any lot
or lots, or part of any lot or lots as aforesaid, which shall not, within
the limited time aforesaid, build his said wall, as by this Act is directed,
shall forfeit the sum of two hundred pounds for each and every lot, and
so in proportion for a lesser quantity, which he she or they shall neglect
or refuse to build as aforesaid ; and if any person or persons shall refuse
or neglect to pay the commissioners, or any two of them, the forfeiture or
forfeitures as aforesaid, within thirty days after the limited time in this Act
for building the said wall, in such case, the commissioners are hereby ap-
poynted and impowered to enter on the same, and in their possession to
keep for the use of the publick, untill they shall sell or dispose of the
said lot or lots, or any part of any lot or lots, by publick outcry, with the
buildings thereon standing or appei'taining ; and such sales made by them,
or any two of them, under their hands and seals, are hereby declared good
in law, against any former title or grant whatsoever ; and all the money
arising by the said forfeitures or sales of any of the said lots, shall be im-
ployed by the said commissioners to the use of the building said front
wall of the several lots or parts thereof from whence the forfeitures arise ;
and the overplus, (if any there be,) which shall arise from the said sales,
fines or forfeitures, the charges thereof being first deducted, shall be
returned to the owner.
. . VL And he it further enacted by the authority aforesaid, That Richard
ommiasioners gg^gg^^^.^^ Esqr. Charles Hill, Esqr, and Capt. M. Porter, or any two of
them, be, and are hereby appointed, nominated and impowered, commis-
sioners to order and direct the place every person shall build his respec-
tive wall, with all the other powers hereunto them granted and confirmed;
as also, by an order under their hands, or any two of them, to the Receiv-
er for the time being, who is hereby ordered to accept the same, shall
draw out of the publick treasury such sum or sums of money as are
necessary for building the said wall, staires and wharfes; and if any land,
or lot, or part thereof, which is not taken up between the north side of
G-ranville Bastion, to the south side of Craven Bastion, on the Bay front-
ing Cooper River, such untaken up land on the front shall be built at the
publick charge, and remain to the benefit of the publick.
VII. And he it also enacted by the authority aforesaid. That if the corn-
Penalty on missioners aforesaid shall reluse or neglect to enter and take possession
Comiaissioners ^f ^]-,g aforesaid forfeited lot or lots, and shall not expose to sale by pub-
lick outciy, within thirty days after such seizure, each commissioner and
commissioners shall forfeit the sum of one hundred pounds for each and
every default for want of such entry and sale as aforesaid, to be recovered
OF SOUTH CAROLINA. 63
Acts relating to the City of Charleston. A. D. 1714.
by bill, plaint or information, in any court of Record within this part of
this Province, wherein no essoign, protection or wager of law shall be
allowed or admitted ; one moiety thereof to be paid into the hands of the
publick Receiver, for the use of the fortifications, the other half part to
be paid to such person or persons that will inform and sue for the same.
VIII. And be it further enacted, That the commissioners that shall
attend the seizure and sale of any lot or lots, orpaitof any lot or lots, for-
feited as aforesaid, shall be allowed and paid out of the moneys arising by Compensation,
the sale of any lot or part thereof, ten shilhngs f(jr every day they shall
be imployed in and about the seizure and sale of any lot or part thereof;
provided, they shall not be paid for more than six days in the whole, for
attending the seizure and sale of any lot or lots, or part of any lot or lots, as
aforesaid.
IX. And he it further enacted by the authority aforesaid, That from
the northermost part of Francis Scampton's land, to the southermost part Brid'^e.
of Coll. Robert Daniel's lots, a good and substantial bridge or arch shall
be built of brick, of the length of twenty feet, and eight feet wide, capable
of bearing any carriage over it, either of caits and horses, or of the great
gunns, for the better communication of Charles Town.
X. Knd it is also enacted. That a breast-work shall be built, three feet aiid
an half high, on the front line of Charles Town, diminishing to two bricks ^'■^'^^^•'^°''''-
and an half in thickness, from the southermost end of Craven Bastion, to the
northermost side of Granville Bastion ; and that the said front line shall have a
double pileing, drove from the southermost side of Granville Bastion, to the
northermost side of Craven Bastion, the first or inside pileing to be of cedar,
to be of such lengths as the aforesaid commissioners, or any two of them,
shall appoint ; between which first pileing and the brick wall, shall be put
oyster shells or sodds, and to such a height filled, as the said commis-
sioners shall direct, to break the force of the surges of the sea in the most
violent weather ; the outward pileing shall be of such pine timber as grows
on the land belonging to the publick, upon James's Island; and what is
wanting to compleat the said outward pileing, to be of cedar, or such other
good and lasting timber as the commissioners aforesaid shall approve; the
sole charge of building the aforesaid bridge, and the breast-work on the
top of the wall, with the pileing and filling up along the front line, to be
at the publick's expence ; and all the stairs fronting each street shall be
repaired at the charge of the publick, for the sole benefit thereof, accord-
ing to the direction and discretion of the aforesaid commissioners ; and
that all the Bay fronting the eastward of the said streets, shall be and
remain for the use of the publick, and not put to any use without the con-
sent of the Generall Assembly.
XI. And be it further enacted by the authority aforesaid. That Gran-
ville Bastion, the Half-moon, Craven Bastion, and all the redoubts on the Repairs,
front line of Cooper River, be repaired, and the redoubt by Joseph Hol-
beatch's be anew rebuilt with brick or timber, their several foundations to
be made good and well secured, and their several platforms to be well
repaired, according to the direction and discretion of the commissioners,
or any two of them, who are hereby impowered, for building and finishing
the fortifications on the front line, and pileing the same, together with the
arched bridge and breast-work on the front line or wall, from time to time
to draw out of the publick treasury such sum or sums of money as they
shall have occasion for, and judge necessary for carrying on the repairs, Appropriation.
building and finishing the said several publick works mentioned in this
64 STATUTES AT LARGE
A. D. 1714, ^cis relating to the City of Charleston.
Act, by order under their hands, or any two of them, directed to the pub-
lick Receiver for the time being, who is hereby ordered to pay the same ;
and the commissioners aforesaid are hereby required and commanded to
keep a fair and just account of all disbursements on the building and repair-
ing the said fortificatit)ns, by them ordered to be paid out of the publick
treasury, and render the same to the Commons House of Assembly, when
and as often as they shall be thereunto required.
XII. And he it further enacted by the authority afoi-esaid, That the
Workmen and aforesaid commissioners, or any two of them, shall have power, and they
luatenals may g^j-g hereby impowered, to impress bricklayers living in any part of this
be impressed. . - i , \ n n ^ f • o ■ i c
province, to work on the tront wall and tortincations, at the rate or tea
shillings per thousand laying the bricks, or ten shillings per diem, be the
labour for any repairs of the fortifications, or for any part of the wall
which is to be built by the owners of the front lots ; and shall have power to
impress carpenters or any other handicrafts, where their work is necessary,
relating to the said front wall and fortifications, to work at the rate of ten
shillings per diem ; and shall also have power to impress white men for
overseers, at the rate of seven shillings and six pence per day; and any
negroes from any persons living within the limits of Charlestown, whether
their said negroes be in town or country, at the rate of four royals per
diem for able negro men, to work and tend the workmen on the said
' wall and fortifications, their masters finding them victuals; but if the
negroes are tradesmen, to be allowed as the commissioners aforesaid shall
think fit ; and shall also have power to impress lime, and fetch the same
from any plantation, at any rate not exceeding six pence per bushell ; but
in case the owners of lime bring it to Charles Town, then it shall be law-
full for the said commissioners to take the lime so brought, at any rate not
exceeding nine pence per bushell ; and the said commissioners are also
impowered to press bricks from any person within this part of the Province,
for building the said wall and repairing the fortifications, and the publick
to pay not exceeding twenty shillings per thousand, and each person for
building the front wall, not exceeding twenty shillings per thousand ; but
if the said bricks are by the owners thereof brought to Charles Town,
then to be paid not exceeding twenty-five shillings per thousand, by the
pubUck, and by the owners of any lot, not exceeding twenty-five shillings
per thousand.
XIII. And be it farther enacted by the authority aforesaid, That in
Penalty for re-*^^^^ ^"X white man is impresst to work, according to the powers given
fusing to work, the commissioners in this Act, shall refuse to work as directed by the
said commissioners, if a tradesman, he shall forfeit for every day's neglect,
the sum of twenty shillings current money; and if a white man, for an
overseer, fifteen shillings current money for every day's neglect; and if a
negroe, the master to forfeit five shillings like current money, for every
day's neglect; all which penalties shall be levied by distress and sale of
the offender's goods, by warrant from the aforesaid commissioners, or
any two of them, directed to any constable of this province, who are
hereby commanded to execute the same, upon the penaltie of forty shil-
lings for every neglect, to be recovered by warrant from any justice of
the peace, as in the Act for the tryal of small and mean causes is directed ;
and in case sufficient distress cannot be found, it shall be lawfull for the
said commissioners, and they are hereby impowered and required, by
warrant under their hands and seals, or of any two of them, directed to
OF SOUTH CAROLINA. 65
Acts relating to the Cltij of Charleston. A. D. 1719.
the piovost marshall of this Province, to commit such offending person to
prison for any time not exceeding a week, for one day's neglect.
XIV. A7id he it further enacted by the authority aforesaid, That in
case the said commissioners, or any three of them, or any person by their Notice,
order, shall leave a note at the dwelling house of any peison, requiring
him to come and work upon the fortifications or front wall, or to send his
negroes to work, according to the powers given by this Act, such notice
shall be deemed a pressing within this Act, so as to subject the person offend-
ing and neglecting his duty, to the penalties before appointed by this Act.
XV. And it is also enacted by the authority aforesaid, That in case
any of the workmen or other the labourers are idle, and do not perform f'unishinenifm
their work dilliCTently and accordinsr as they shall be directed by the com- H. ,!,'i?^^- „
rmssioners, or any two of them, it shall be lawfull for the said commis-
sioners to mark or prick out so much of their idle or lapsed time of neg-
lect, and deduct the same out of their wages ; and in case of his or their
refusal to obey in the direction they give relating to their work, it shall
then be lawfull for any quorum of the said commissioners, to commit him
or them to prison, if white men, and if negrues, to order such moderate
correction as they may think fit.
XVI. And he it further enacted by the authority aforesaid. That all
the forfeitures arising by this Act shall be paid to the said commissioners,
to and for the use and towards the charges of building and repairing the
fortifications on the front line appointed by this Act, and to no other use
whatever.
XVII. And whereas, the piiblick magazine is found not to be well and
sufficiently covered to preserve the powder therein lodged from any storms Powder Maga-
of rain which may happen, to the great hazai'd of endangering the said ^'"e.
powder ; Be it therefore enacted by the authority aforesaid. That it shall
and may be lawfull for the commissioners aforesaid, or any two of them,
and they are hereby authorized and impowered, to buy and agree for anv
quantity of slate that may be convenient and requisite, for the coveiino-
of the said magazine, and the publick Receiver is hereby obliged to pay
such sum as the said commissioners shall draw upon him for that purpose
and the workmanship therein.
Read three times, and ratified in open Assevihly,
the ISth day of Dcceviher, 1714.
CHARLES CRAVEN,.
CHARLES HART,
R. IZARD,
HUGH BUTLER,
SAML. EVE LEIGH.
an additional act to the act now in force, relating to the no* 39g.
Fortifications in Charles Town.
FOR the more speedy putting the bastions of the Fortification of
Charles Town in a posture of defence, and mounting the great guns,
I. Be it enacted by his Excellency, John Lord Carteret, Palatine, and
VOL. VII.— 9.
STATUTES AT LARGE
Ads relating to the City of Charleston.
the rest of the true and absolute Lords and Proprietors of the Province
of Carolina, by and with the advice and consent of the rest of the mem-
bers of the General Assembly, now met at Charles Town, for the South
Sole Commis- ^"'^ VVest part of the said Province, and by the authority of the same,
siouer to be That the Governour and Council may, and they are hereby impowered to,
appointed. agree with a person who shall be sole commissioner for undertaking,
managing and overseeing the repairing of the Bastions, mounting the
great guns, and perfecting every matter and thing relating thereto, in as
expeditious a manner, and of such materials, as the present necessity of
this aftair requires ; which agreement so made by them, shall be made
good by the publick oF this Province ; which sole commissioner shall be
under the orders and directions of the Honourable the Governour, and is
hereby impowered and vested with all the powers and authority for
doing the said works, as any commissioners have now, or heretofore had,
by any law of this Province relating to the fortifications of Charles Town,
as if all the said powers were actually herein inserted.
n. And for the more effectual doing the same, Be it further enacted
BloiJe of em- by the authority aforesaid, That every Parish in this Province shall send
ploying work- ^n able male working negro slave, such as the commissioner shall ap-
prove of, for every tenth working male negro in the same, with provisions
for the whole time, to be put to such works about the said bastions, plat-
forms and great guns, as the said sole commissioner shall direct; which
male negroes shall be sent by an order directed to persons possessing the
said negroes, which if they refuse to discover the number of such negroes
he or they shall forfeit fifty pounds for each working male negro he js
possessed of, to be rec(jvered by the said sole commissioner, and applied
by him to the use of the said works ; after the manner and form as shal'
be appointed by the inquisitors for the tax of each Parish ; and if ai:y
person shall refuse or neglect to send such negroes as shall be so directed,
then they shall pay the sum of twenty pounds current money, for eacti
negro, to the sole commissioner aforesaid ; otherwise the said sum shall be
distrained, by warrant under the hand and seal of the said sole commis-
sioner, with the charges arising thereon, which sums shall be applied to
the use of the said fortifica'.ions.
HI. Cut in case the said negroes, or the money arising by the
Furthc!' provi- defaulters aforesaid, ate not sufficient to perform the said works ; He
sJon. it therefore further enacted, That the commissioner aforesaid shall have
power to draw orders on the publick Receiver of this Province, for
such sums of money as shall be so wanting for the payment of the
tradesmen, labourers, overseers or artificers imployed by him about the
said works; and the publick Receiver is hereby required to pay the same,
out of the dutys arising by negroes imported into this Province ; whicn
dutys are hereby appropriated to the said use, and no other; and allow an
interest after the rate of ten per cent per annum on such orders, untill ho
has money sufficient on that fund to call in and cancel the same.
IV, And he it further enacted by the authority aforesaid, Tliat if any
doubt or scruple shall arise through any misinterpretation or imperfectio:i
in the wording of this Act, contrary to the true design of the same, tht,:
then it shall be lawfull for the Governour and Council of this Province,
to intei'pi'et the true sense of the same; any law, custom or usage to the
contrary in any wise notwithstanding,
V, And for securing the water passage leading into this Province from
St. Augustine, ZJc it Jurthcr enacted, That the present commissioners of
OF SOUTH CAROLINA. G7
Acts relating to tlie City of Gliarlcston. A. IK 1719.
the Scout Boats are hereby irnpoweietl to finish the fortifications begun ^^^^^^ passage
at the north end of Mackey's Island, and moutjt there, and at Beaufort, to be secured,
any number of great guns, not exceeding twelve, for the security of the
said frontier ; and that for the more expeditious doing the same, the
proportion of negroes that ought to be sent as above directed, to Charles
Town, from Edistoe Island, and all the islands between the same and
Port Royall inclusive, shall be, and they are hereby required to be, sent
to the said works, under the like penalties as is before directed, any thing
hereinbefore to the contrary thereof notwithstanding.
VI. And he it further enacted, That the said water passage shall have a
guard of at least twenty hired men, the men belonging to Scout Boats in- Wag-p?, how to
elusive, under the establishment of the present pay of the Scout Boats. ^^'"* *
VII. And as there is yet no provision made for the said Scout Boats and
the wages of men, and providing necessaries for the same ; Be it enacted,
by the authority aforesaid, That the said commissioners of the Scout
Boats are hereby impowered to draw orders on the publick Receiver,
half yearly, for the said wages, and for the necessaries provided for them
as aforesaid; and the publick Receiver is hereby directed to pay the same,
out of any other duties remaining in his hands; which, if it should prove
deficient, the Generall Assembly is to make further provision for the same
upon the auditing the accounts of the said commissioners of the Scout
Boats, by a committee of the House of Commons.
VIII. Provid.edahcaijs,andheitfurthcrenactcd, That Johnson's Fortshall
be forthwith repaired by the direction of the commissioner appointed by J"li»son's
the tax Act, or in case the said commissioner should be unable to go through
the said work by sickness, then the Governour shall a[)point another person
in his room, who is heieby impowered with all the authorities for the said
works, as the commissioner of Charles 1'own is vested with; and the pro-
portion of negroes to be .sent to Charles Town from all the inhabitants
living to the south and west of Ashley River, are hereby directed to be
sent to the works at Johnson's Fort, under the same penalty as is above di-
rected ; any thing hereinbefore to the contrary in any wise notwithstanding.
IX. And he it further enacted, That the two thousand pounds appropria-
ted by the tax Act, for the repairs of Johnson's Fort, shall be appropriated
only to paying the tradesmen that mounts the great guns, and laying the
plat-forms, and buying planks for the carriages, and other necessaries for
the same; and if there remains any overplus of the said two thousand
pounds, after the said works are paid for, then such overplus shall be paid
by the commissioners of the tax, towards the like works in Charles Town,
by order of the sole commissioner aforesaid.
X. And in case any person have more or less than ten male
working negroes, from the age of sixteen to sixty, that there may be Apportion-
an equal proportion sent by every person, and that the burden may ment.
be as equal as possible, Be it further enacted, That all persons that
have a less or greater number of male working slaves than ten, shall
pay forty shillings per head, for each male working negro he shall have
under or over every tenth, or send an able working slave to the
said works, who shall continue at the same, after the rate of seven
shillings and six pence per day, untill the said sum of forty shillings per
head shall be discompted by his work to the sole commissioner of Charles
Town, or the commissioner of Johnson's Fort or Scout Boats, as is before
directed, under the penalty to have the same distrained by the said com-
missioners in the divisions appointed by this Act for each work, with
charges arising thereby.
68 STATUTES AT LARGE
A. D. 1719. Acts relating to the City of Charleston.
XI. And he it further enacted. That the assessors appointed by tbe
Assessment. ^.^^ ^^^^ gj^^H Bssess the inhabitants living within the town plot of Charles
Town, on their estates real and personal, the sum of one thousand five hun-
dred pounds, being computed to be tbe sixth part of the value of tbe hire of
the negroes employed in the said works, and sent by the several Parishes
of this Province ; which assessment shall be paid to the said sole com-
missioner aforesaid, towards paying the workmen and other charges of the
said fortifications ; the hire of the said negroes to be valued at seven shil-
lings and six pence per day, for fifty working days, which they are not to
exceed, about any of the fortifications ; and if any of the said inhabitants
shall refuse to pay such assessment as aforesaid, the sums so refused, with
the charges of distraining, shall be distrained upon the estates of such
person or persons, by a warrant nnder the hand and seal of the said com-
missioner, directed to any constable in Charles Town, who are hereby
jmpowered to execute the same, always returning the overplus to the
owner, after all charges deducted.
XII. And he it further enacted hy the authority aforesaid. That there
Overseers. shall be sent or hired by the inquisitors of each parish or division, one
white man for every twenty negroes, out of such parishes or divisions as
sends negroes to that number, who shall come armed according as it is pre-
scribed in the militia Act ; and shall be paid after the rate of thirty shillings
a day, by the said sole commissioner, ortheother commissioner for the works
at Johnson's Fort, out of any of the money that shall be paid them for the use
of the said works; and if the said overseer shall refuse or neglect to come
down and look after the said negroes, according to the directions of the said
commissioners, that then he shall forfeit the sum of three pounds current
money, for each day he shall be absent ; to be recovered by action of debt,
by any of the said commissioners, for the uses and works aforesaid ; and the
said overseers shall be obliged to keep with the said negroes on Sundays ;
to prevent their caballing or rambling, on the like penalties ; but in case
the overseers aforesaid shall not do their duty, to the satisfaction of the said
sole commissioner, it may be lawfull for him to discharge the said overseer,
and to appoint another in his room, and to appoint overseers for such pre-
cincts or divisions as shall not send them to serve as aforesaid.
XIII. And whereas, several persons obliged by this Act to send negroes,
Netrroe? fur- inay send such as are not capable of any or very little service ; therefore he
iiishedtobe ^^ (enacted by the authority aforesaid, That it shall and may be lawfull for
under penalty, the said sole commissioner, or any of the commissioners, to retuse such
neo-ro, and the person or persons so to send negroes, shall send some other
good and serviceable negro or negroes in their room, and shall pay seven
shillings and six pence per diem, for each day the said unserviceable ne-
groes were imployed, untill they can be exchanged as aforesaid, to be ap-
plied to the use of the fortifications ; and in case he shall refuse to send
such negroes, he shall forfeit the sum of twenty pounds, for each negro so
by him to be sent as aforesaid.
XIV. And he it further zaactedhy \\-\(t authority aforesaid. That the said
p,-nv!«mnc overseers shall cause to be delivered unto any of the commissioners of
the works aforesaid, such provisions as shall be sent by the masters ot
any negroes sent to the said works; which provisions shall be, by such
commissioner, lodged in a convenient store-house, hired for that pur-
pose, and he shall cause the same to be, from time to time, delivered out to
the said overseers, for the use of his gang of negroes.
XV. And he it further enacted by the authority aforesaid. That the said
OF SOUTH CAROLINA. ' 69
Acts relating to the City of Charleston, A.D. 1719.
sole commissioner aforesaid shall provide several other places in and
about Charles Town, for the lodging of the said negroes, and provide ° ^'"^'
wood for the dressing of their victuals, if there prove not room sufficient in
the gate house, or in any olher place belonging to the public, for them.
XVI. And be it further enacted by the authority aforesaid. That the
owners of such negroes as shall be sent to the said works, shall send their
said negroes by the tenth day of April next, under the like penalties, as
if they refuse or neglect to do the same ; and shall also send with each
negro, either a good hoe, and axe or spade.
XVII. And he it further enacted by the authority aforesaid. That in
case any master or owner of any negro sent to the said works, should have Negroes killed
his negro killed or maimed in the said works, that then the said sole be paid for.
commissioner, or other commissioners appointed for the works mentioned
in this Act, shall cause the said negro to be valued by three freeholders,
upon their oaths, and certify such appraisement to the publick Receiver of
this Province, who is hereby directed to pay the said sum so certified, to
the owner or master of the said negro.
XVIII. And for the better securmg Charles Town from fire; 5e it
enacted. That all merchants and other persons, which keep powder to sell, t be keot ^^
shall put the same into the magazine in Charles Town, and shall pay to
the powder receiver, for his care and trouble, of taking in and delivering
out, and for the time it shall be there, be it more or less, two shillmgs for
every barrel ; and no person whatsoever, inhabitant of Charles Town,
shall keep in any house in Charles Town, at one time, more than one
quarter of a barrel of powder, under the penalty of ten pounds, for each
month he shall keep in any house as aforesaid more than a quarter of a
barrel as aforesaid ; to be recovered by bill, plaint or information, in any
Court of Record in this Province ; one half thereof to the church-war-
dens of the Parish of Charles Town, for the use of the poor of the said
Parish, and the other half to him or them that will inform and sue for the
same.
XIX. And he it further enacted. That the said several commissioners
shall lay a state of their accounts, and of all the moneys received, or '-^""y"*®^"'"^''^
ordered, or paid by them, by virtue of this Act, before the next Commons
House of Assembly, and account for the same with a committee, that shall
be appointed by the siid House; and if it shall appear, upon the report
of the said committee, to the said House, that any part of the said moneys
so received was applied to any other use than is directed by this Act,
such commissioner or commissioners shall forfeit treble the value of such
sum; to be recovered of such commissioner or commissioners by action
of debt, to be brought by the publick Receiver, in any Court of Record in
this Province, for the use of the publick.
XX. And whereas, several persons lay claims to sundry lots upon the
Bay, from high-water mark to low-water mark, by which means the per- {^(f "^"^ ^^^^^
sons that own the said frontlets are discouraged in building their part of
the front wall, by reason, that another person claims the lot before them,
to low-water mark; therefore, for the preventing of all disputes relating
to that matter, and that the same may be no hindrance to the building the
front line. Be it farther enacted by the authority aforesaid. That in case
any person or persons whatsoever, hath any claim to any of the said lots,
from high-water to low-water mark, that he or they shall, within twenty
days after the ratification of this Act, appear before the commissioner of
this Act, and signify to him, that he doth insist upon his claim and right to
70 STATUTES AT LARGE
A.D.Ul'J. Jlcts relating to the City of Charleston.
the said lot, from high-water to low-vvaier mark, and that accordingly he
will be at the charge of building the front wall, and filling up the said
bank, of that lot or lots, befoie which his lot or lots so claimed lieth; and
accordingly, the said commissioner, upon his building the said wall, and
filling up the said bank, shall bring in his account of charges to the said per-
son or persons that lay claims to such lot or lots, from high-water to low- water
mark, and such person or persons shall be liable to pay the same, and to
be recovered by the same ways and means as is given the said commis-
sioner by this Act, to recover the same against the owner or owners of any
front lot. But in case any person having right to any such lot or lots, doth
neglect to lay claim thereunto, as before directed by this Act, that then
such lot so neglected to be claimed as before directed by this Act, is here-
by declared to be vested in the person or persons that have right to the
fiont lot adjoining to the same, and in his or their heirs or assigns forever,
he, the said person, owner of the said front lot, paying to the owner of the
lot to the eastward from high-water to low-water mark, his full charges
that he was at, for his grant for the same, and also allowing him over at
the rate of seven shillings and six pence per foot, for every foot that the
same eastwardly lot shall measure by the front line ; Provided, That he
the said person that layeth claim to any of the said eastwardly lots, make
his demand for the same, of the owner of the front lot, within thirty days
after the time elapsed by this Act, for his laying his claim befoie the com-
missioner, and engaging to pay the charges of the front wall, and filling-up
the bank.
XXI. And he it farther enacted by the authority aforesaid. That any
No buiklin?s person that hath right to any of the said lots, to the eastward of the said
l)ut wharves to £• ^ line, from hiofh-water to low- water mark, shall only have liberty of
be built tliercun ■"^*'7 o - <j ^ j
building of wharfs and bridges upon the same, and not any house, edifice or
other buildings whatsoever, higher than the said bridge or wharf, on the
penalty of the forfeiture of five hundred pounds, for every such building
upon any of the said lots to the eastward of the said front line, higher
than the said bridge or wharf, contrary to the true intent and meaning of
this Act.
XXII. And he it further enacted by the authority aforesaid, That if the
right or title of the front lot, and also of the lot to the eastward of the same,
from high-water to low-water mark, now is, or hereafter shall become,
vested in the same person, that the same shall not be again separated, but
such person giving or selling such front lot, that the said lot to the east-
ward thereof, from high-water mark to low-water mark, shall go along
with the front lot, as an appurtenance unto the same,
XXIil. And w/^er^'a*, great comj^laints hath hitherto been made, by per-
sons having occasion for moneys to pay in their tax, that they have been
Tax may be forced to give extravagant premiums for taking up moneys to discharge
paid }n Rice, ^j^g same, or that they have been forced to sell their commodities for much
less than what the price of commodities usually bore, by reason of per-
sons taking advantage of their immediate necessities; Be it therefore en-
acted hy the authority aforesaid. That all persons appointed to pay any
tax in the month of May, one thousand seven hundred and nineteen, shall
have liberty to pay in such their taxes unto Coll. Thomas Broughton,
Coll. GeDrge Logan and Ralph Izard, Esqr. commissioners, now for that
purpose appointed, either in publick orders made current in payment to
them, by virtue of the tax Act, or in bills of credit, or else in good and
OF SOUTH CAROLINA. 71
Acts relating to the City of Charleston. A. D. 1719.
merchantable Rice, (of which goodness, and market price, the commission-
ers aforesaid shall be sole judges,) at the then maiket price, for their taxes
aforesaid, to be paid in May, one thousand seven hundred and nineteen,
computing five score to the hundred, the weighing whereof shall be at
the charge of the owner so paying the tax; and the said Rice shall be
delivered to the said commissioners, at such place in Charles Town as they
shall appoint, in good and merchantable barrels, (of which goodness the
said commissioners shall be sole judges,) and the said commissioners shall
allow the market price, for each barrel they receive in the said month of
May, one thousand seven hundred and nineteen ; and in case the said rice
or barrels shall not be good and merchantable, in the opinion of the said
commissioners, they shall refuse to receive the same, and the owner
thereof shall be dealt with in all cases, as a defaulter not paying in his
tax; and the said commissioners are hereby further impowered to dispose
of what Rice shall be delivered to them in payment as aforesaid, as soon
as conveniently may be, for the best piice they can reasonably get, either
in publick orders made current according to the directions of the Act
commonly called the tax Act, or in bills of credit.
XXTV. And whereas, by reason of the tax being paid in Rice to the
commissioners, which they by this Act are directed to sell at the bestj^, ^^gg ^^ jg.
prices they can get, and with the money arising, to sink the orders ; which ficiency, as-
Rice, if not sold for so much as received; there may many of the publick ^'^®^'"?"*^ *"
orders remain unpaid off and uncancelled. Therefore he it enacted by the
authority aforesaid, That any such deficiency shall be provided for, by an
assessment, to be added to the tax, and be assessed, and levyed, and paid
by all such person or persons as have or shall pay in their tax in Rice, by
an equal proportion on every respective person so paying the Rice, by
means of whom the said deficiency shall happen or arise ; which assess-
ment shall be made the year insuing; and that the assessors shall receive
from the commissioners for receiving the tax, an account of such deficiency,
with thepersons's names and sums deficient; which they the said assessors
shall add to the tax of such persons, by means of whom this said deficien-
cy shall or doth ai'ise, to be levied after the same manner as is prescribed
in the Act for raising a tax of seventy-five thousand pounds, on the estates
of the inhabitants of this Province.
XXV. And he it further enacted by the authority aforesaid. That all
such orders, which by means of the said deficiency in the tax, arising by ^ j^^jj^^'j.j'gj.g ''''
the loss on the Rice paid in by persons for their proportion of this year's
tax, shall remain unpaid, the said orders shall carry an interest of ten per
cent, till paid off and discharged in the insuing year's tax.
Read three times and ratified in open Asssemhly,
the 2Qth day of March, 1718—9.
ROBT. JOHNSON,
A. SKEEN,
THOS. BROUGHTON,
CHAS. HART,
FRANCIS YONGE.
STATUTES AT LARGE
Acts relating to the City of Charleston.
No. 416. AN Additional ACT to an Act intituled "An Additional Act
TO the Act now in force, relating to the fortifications of
Charles Town."
Preamble.
Fortifications
to be erected.
Penalty on citi'
zens not pay-
ing assess-
ment.
Slaves to
work.
WHEREAS, the fortifications round Charlestown are out of repair,
and are become tliereby unserviceable, so that the said town remains very
defenceless ; and whereas, there is certain information that the Span-
iards, in a short time, design to invade this settlement —
I. Be it therejore enacted by the Honorable James Moore, Esq., Gover-
nour, by and with the advice and consent of the Council and Representa-
tives of all the inhabitants of this settlement, in South Carolina, That all and
singular the inhabitants living within the town plat of Charlestown, do and
shall, within three days from and after the ratification of this Act, begin to
erect and build a strong and sufiicient case or frame of the breadth of four
feet, and of the height of foui- feet and an half, from the bastion commonly
called Granville's bastion, in the curtain line, unto the bastion commonly
called Craven's bastion, after such manner, form and likeness, as the
frame or case already erected before the dwelling house of Capt. Taylor
Hall, on the bay of Charlestown aforesaid ; and such frame or case shall
be erected and built at the equal charge and expence of each respective
inhabitant living within the town plat of Charlestown, as aforesaid, to be
rated and assessed on the said inhabitants in proportion to their respec-
tive taxes ; and the said inquisitors and commissioners appointed for the
present tax in Charlestown, are hereby authorized and required to make
enquiry, and assess the said inhabitants accordingly.
H. And he it farther enacted, That if any of the inhabitants aforesaid
shall neglect or refuse to pay such sum or sums of money as he, she or
they shall be assessed by the assessors hereinbefore appointed, that then
and in such case, it shall and may be lawful for the commissioner or com-
missioners who shall hereafter be appointed to manage and take charge
of the said work, to apply him or themselves to the chief justice of the
court of common pleas for the time being, and desire him to issue out
execution immediately, .against the goods and chattels of the person so
neglecting or refusing, which the said chief justice is hereby authorized
and impowered to do ; and the marshal of the said court is hereby im-
powered and required to expose to sale, such goods or chattels that shall
be distrained or taken from such inhabitant, by virtue of such execution
as aforesaid, at the public vendue; and shall pay so much of the moneys
arising from the said sale, as the said inhabitant shall be assessed, unto
the aforesaid commissioner or commissioners, and the overplus, (if any
there be,) unto the owner of the said goods, first deducting his or their
reasonable costs and charges, on account of the said vendue.
in. And for the more effectual carrying on and repairing the fortifica-
tions in and about the said town, and throwing up intrenchments in proper
places, Be it enacted by the authority aforesaid, That every parish in this
settlement (excepting James's Island, Winyaw, and all to the northward
of Edisto Island, and to the southward of Pon Pon river,) shall send
down to Charlestown, on the seventh day of March, an able male work-
ing slave for every ten male working slaves, from the age of sixteen
years to the age of sixty years, in the said parish ; which slaves shall
remain and continue to work in Charlestown aforesaid, for the space of
thirty days, and no longer or the said person to send all his said slaves to
OF SOUTH CAROLINA. 73
Acts relating to the City of Charleston. A.D.I 720.
work three days, as shall be returned, with provisions and tools sufficient
for the space aforesaid ; and-the slaves, as before excepted, shall he order-
ed and appointed by the honorable the Governour, to make such fort or
forts to the southward, as he shall think fit, with commissioners to see the
same done effectually ; and the owners of said slaves to be under the
same penalties as those that are by this Act appointed to work in Charles-
town ; and in case any person or persons shall neglect or refuse to send
down his or their slave or slaves, puisuant to the directions of this Act,
then and in such case, such person or persons shall forfeit the sum of one
IDOund tv/o shillings and six pence for each male slave he, she or they shall
be possessed of, from the age of sixteen to the age of sixty, to be recover-
ed by the said commissioner or commissioneis, by virtue of a warrant
under his or their hands and seals, directed to any constable of the parish
where the defaulter lives.
IV. And be it further enacted, That the curtain line shall be filled up,
levelled and secured <it the discretion of the said commissioner or com-
missioners, who are hereby impowered to imploy the slaves so to be sent
down as aforesaid, in filling up the aforesaid frame or case, and repairing
the works on the back side of the town, and doing such other work, to
put the town in a posture of defence, as to him or them shall seem meet.
V. And he it further enacted.. That the slaves belonging to the inhabi-
tants of James's Island, shall be imj)loyed by the commissioner for repair-
ing of .lohnson's fort, to work at the said fort, after such manner as is
herein before directed.
VI. Afid he it further enacted. That the inquisitors in every parish
withm this settlement, do warn and summons the respective inhabitants
of the said parishes to send down their slaves, according to the directions
of this Act ; and do return into the Secretary's office of this settlement,
a list containing the number of the slaves each person ought to send.
VII. And be it further enacted, That the Governor for the time being,
by and with the advice and consent of the Council, may, and he is hereby Commissioners
impowered to, appoint and agree with any proper person or persons, to
be commissioner or commissioners for managing, overseeing and repair-
ing the said work ; which said commissioner or commissioners shall be
invested with the same power given the sole commissioner, by an Act
entituled "An additional Act to the Act now in force, relating to the for-
tifications in Charlestown."
VIII. Arid he it further enacted. That Major Jonathan Drake, sole com-
missioner of Johnson's fort, be, and he is hereby, impowered to draw for
the remaining part of the two thousand pounds which was appropriated
for the said fort, which now remains in the hands of the bank commis-
sioners, which said moneys he shall imploy in finishing the said fort.
IX. And be it further enacted, That in case any master or owner of
any slave sent to the works aforesaid, shall have his slave maimed or
killed about the said works, he or she shall be satisfied and paid for the
same, pursuant to the directions of the last herein before recited Act.
/ assent to this Act this 13th day of February, A. D. 1720.
.lA. MOORE.
VOL. VII— 10.
STATUTES AT LARGE
Acts relating to the City (if Charleston.
No. 579. AN ACT for the better and more certain regulating ani)
ADJUSTING THE METES AND BOUNDARIES OF QuEEN-STREET, FORMERLY
CALLED DoCK-STREET, IN ChARLESTOWN ; AND FOR APPROPRIATING
SUCH WASTE OR VACANT LaNDS AS SHALL BE FOUND ON THE NoRTH
SIDE OF THE SAID STREET.
Preamble,
The street for-
merly called
Dock-street to
be hereafter
called Queen-
street.
The runnings
and course of
the same.
The said street
so laid out,
shall remain so
forever.
Commissioners
and their
powers.
WHEREAS, divers and sundry disputes have and do daily arise between
the inhabitants of Charlestown, whose lands are situate upon and adjacent
upon said Queen-street, formerly called Dock-street, through the uncertainty
and irregularity thereof, by means Avhereof great mischiefs, law suits and
contentions are likely to arise, to the great detriment of the said inhabitants ;
and the said street so being irregular, the ancient plan, model or form of
the said town is hereby rendered not uniform or agreeable to the meteings,
buttings and boundings laid down in and by the said model or plan ; for
the better and more perfect ascertaining and regulating the said Queen-
street, formerly called Dock-street, for the future, and for the prevention of
all and all manner of suits, quarrels and contentions among the inhabitants
and parties interested. We pray your most sacred Majesty that it may be
enacted,
I. And he it enacted, by and with the assent of his Excellency Robert
Johnson, Esquire, Governour, by and with the advice and consent of his
Majesty's honourable Council and Assembly of this Province, and by the
authority of the same, That the said street, formerly known by the name
of Dock-street, shall forever hereafter be called and known by the name
of Queen-street, and run and remain in the manner following, that is to
say, the said street at the North-east end or corner thereof next the Bay,
shall be distant from the South-east corner of the dwelling house of Mr.
Gilhson Clapp, nigh the State House, nine chain and eighty-six hnks, and
the said street shall, and is hereby ascertained to, run from the said North-
east corner thereof next the Bay, (along the North side of the said street)
in a straight line directly to the front or South side of the house in which
Mrs. Hutcheson now dwells, and so to continue the same course to the
street leading into town towards Mr. Brand's; and the course of the said
street then to alter and run exactly parallel with Broad-street to iishley
river ; and that the South side of the said Queen-street shall run parallel to
the North side thereof, at the distance or breadth of thirty-three feet.
n. And he it further enacted by the authority aforesaid. That the said
street called Queen-street, so as aforesaid ascertained, regulated and laid
down, shall so remain, continue and be from the time of the ratification
hereof, and from thenceforth forever ; any other or former survey, plan or
model heretofore made, to the contrary thereof in any wise notwith-
standing.
ni. And for the better, more perfect and plainer laying out, ascertaining
and regulating the said street, and for the amoving the several and res-
pective buildings and fences running from North to South, athwart or
across the said street, so that nothing for the future may obstruct, hinder
or impede the running of the said street from East to West, according to
the exact course herein before particularly mentioned. It is hereby further
enacted by the authority aforesaid. That from the ratification of this xVct,
the Honorable John Fenwicke and William Bull, Esquires, Wm. Waties,
Esq., Othniel Beale, Esq., and Capt. gAnthony Mathews, shall]'|,be,^jand
they are hereby authorized and impowered to be, Commissioners, fully and
OF SOUTH CAROLINA. 75
Acts relating to the Citij of Charleston. v^^^J^
effectually, to all intents and purposes, to cause the said street called Queen-
street, to' be laid out in manner and form aforesaid, and all and every
buildino-s and fences thereon now built and placed to amove, cut down and
carry away ; and that any three or more of them, the said John Fenwicke,
William Bull, William Waties, Othniel Beale, Esquires, and C prtiin
Anthony Mathews, shall have full power, by themselves, servants or other
persons by them to be employed, to lay out, ascertain, mete, adjust and
regulate the said street, according to the true intent and meaning of this
Act; they keeping an account in writing of their actings and transactions,
in and about the ascertaining and regulating the said Queen-street, which
they are hereby required to lay before the General Assembly of this Pro-
vince, from time to time, as they shall be directed.
IV. And he it further enacted, That in case any action or actions at
law or in equity, shall be brought against them, the said John Fenwicke, ijj'lfgfj^^.y,^/
William Bull, Wilham Waties, and Othniel Beale, Esquires, and Captain bar to any ac-
Anthony Mathews, any or either of them, for any matter, cause or thing ^> on asammhe
whatsoever, that they or any or either of them, shall do or cause to be gi„„ers.
done, in and about the amoving, cutting down, and carrying away any
of the said buildings, fences, pales or such obstructions now standing and
being on the said Queen-street, or any pales, fences, buildings, or other
obstructions, that may hereafter be erected or lixed up upon any part of
the said street, that then and in such case, it shall and may be lawful to
and for them the said John Fenwicke, William Bull^ William Waties and
Othniel Beale, Esquires, and Captain Anthony Mathews, any or either of
them, to plead the general issue, and give this Act in evidence, which
shall be a sufficient bar to any such action or s>iits, to all intents and pur-
poses whatsoever; and the person or persons bringing, commencing or pro-
secuting such action or suit, shall pay treble costs ; any law, usage or custom
to the contrary notwithstanding.
V. And he it further enacted by the authority aforesaid, That if upon the
,-' . . ,,'■-, /-\ ' \l J. ■ J f^^«r> Vacant land on
laying out and ascertaining the said Queen-street, in manner and torm ^j^^ j^^^^j^ ^j^^
aforesaid, it shall appear that there is any vacant or waste land on the of «aid street
north side thereof, the said commissioners, or any three or more of them, ;,°f J^ J'^P^'/^'J.
shall cause the same to be admeasured, and an exact plat to be made ^ai Assembly,
thereof, in order to be laid before the General Assembly for the time being,
to be by them disposed of and appropriated to such public uses as they
from time to time shall think most proper.
PAUL JENYS, Speaker.
In the Council Chamber the 9th April, 1734.
Assented to: ROBERT JOHNSON.
AN ACT FOR PRESERVING THE FORTIFICATIONS, AND FOR APPROPRIATING No. 740.
CERTAIN SURPLUS LaNDS IN ChARLES ToWN.
WHEREAS, An Act of the General Assembly of this Province, entitled
" An Act to prevent the breaking down and defacing the Fortifications in
Charles Town," made and passed the fourth day of November, in the year
of our Lord one thousand seven hundred and four, doth only extend and
Preamble.
76
STATUTES AT LARGE
A. D. 174G,
Acts relating to the City of Charleston.
Act of 1704 ex.
tended.
Penalty for in-
juring ihe
moats, ifcc.
Goats and
Swine.
Vacant land
disposed of.
Town plat to
be recorded.
relate to the Fortitications of Charles Town then in being ; and whereas,
divers intrenchments, batterys and other works, have since been made and
erected for the greater security of the said town. We therefore humbly
pray his most sacred majesty that it may be enacted,
1. And be it enacted, by his Excellency James Glen, Esqr. Governor-in-
chief and Captain General, in and over his majesty's Province of South
Carolina, by and with the advice and consent of his majesty's Honorable
Council and the Commons House of Assembly of this Province, and by
the authority of the same, That the said recited Act, and all the clauses,
prohibitions, penaltys and forfeitures therein contained, shall extend, and at
all times hereafter shall be construed to extend and relate, to all and singu-
lar the Entrenchments and Fortifications of Charles Town, as well to those
now in being, as to such other works as shall hereafter be added thereto ;
excepting always, the fourth, sixth and eighth paragraphs of the said Act,
which are hereby declared obsolete ; and also, except such part of the seventh
paragraph of the said Act as prohibits the keeping of cows and calves
within the said intrenchments, which it is hereby declared lawful for any
person to do.
n. And be it further enacted by the authority aforesaid. That from and
after the passing of this Act, if any white person or persons shall presume
to throw, or cause any dirt, rubbish or filth, to be thrown into any of the
ditches or moats lately made for the defence of Charles Town, every such
person so offending shall be obliged to remove the same out again, and
shall also forfeit and pay the sum of thirty shillings for every such offence,
to be recovered as is directed by the Act for the trial of small and mean
causes, the one half to the informer, and the other half to the use of the
poor of St. Philip's Parish; and in case any slave commits the said offence,
he or she shall be whipt not exceeding twenty lashes, by the direction of
any of the commissioners of the Fortifications ; unless the owner of such
slave will redeem the said punishment by paying the said fine of thirty shil-
lings, to be applied as is above mentioned.
HI. And be it farther enacted by the authority aforesaid,. That from
and after twenty days from the passing of this Act, all such goats and
swine as shall be found running at large in Charles Town, shall be forfeited
to the use of the poor of St. Philip's parish ; and the commissioners of the
Fortifications for the time being are hereby directed and impowered to
cause such goats and swine to be killed and distributed among the said
poor, or some of them, at their discretion.
IV. And whereas, by a certain plat of re-survey of part of the said
Town, made and certified by George Hunter, Esqr. Surveyor General,
by direction of the present commissioners of the Fortifications, pursuant to
the Resolution of the Commons House of Assembly, on the fourteenth day of
March last, it appears tliat divers quantitys of vacant or surplus land lie
between Queen street and the northern boundary of the said Town. Be
it therefore enacted by the authority aforesaid, That the ditch and ram-
part lately made from King street to Archdale street, be taken and
deemed as part of the said vacant or surplus lands, which is hereby vested
in his majesty, his heirs and successors, for the use of the public of this
Province.
V. And whereas, by reason of the loss of the original plat or model of
the said town, and by means of sundry erroneous surveys and plats thereof,
divers errors have been committed by the owners and possessors of town
lots near the aforesaid streets, in meteinff out and fixing the boundaries of
OF SOUTH CAROLINA. 77
Acts relating to the City of Charleston. A. D.J 746.
their respective lots ; it is hereby further enacted by the authority aforesaid,
That the plat of re-survey, so made and certified as aforesaid, shall be and
remain of record in the Secretary's office of this Province, to the intent
that all persons concerned may have recourse thereto.
VI. And, for the more especial benefit and direction of all persons j^^j ^^ [j^ jg.
having right or title to lots or lands not yet meted out or ascertained, decisive.
it further enacted, by the authority aforesaid , That the boundaries of the
several lots within the said re-survey, shall always hereafter be held and
taken as the same is described and laid down in the said plat, and not
otherwise. And the several partition fences shall be moved by the com-
missioners of fortifications, and placed according to the said survey.
VII. And whereas, the lots numbered one hundred and fifty-five, and
one hundred and fifty-seven, are divided lengthwise by the said works, and
by a street left sixteen feet in width on the north side of the ditch running
from Archdale street to King street, so that only forty-three feet front on
King street, and forty three feet front on Archdale street, remains of the
said lots, within the said works, and fifty four feet front on King street
and fifty four feet front on Archdale street, without the said works; Be ii Two certain
therefore enacted by the authority aforesaid. That the said street sixteen °'^'
feet wide along the said ditch from Archdale street to King street, is here-
by established and declared to be a public street in the said town ; and the
owners of the said two lots shall have such a recompense paid them by the
commissioners of fortifications, out of the fortification fund, for the dam-
age they sustain by the dividing the said lots as aforesaid, as shall be
agreed upon and certified in writing under their hands, by any two indiffe-
rent persons, one to be named by the said commissioners, and one by the
owners of the said lots, and if they cannot agree thereon, then they shall
choose an umpire to decide the same.
VIII. And whereas, the quantit)^ of two acres, one rood and one perch
of land, lying to the north-west of the ditch, between the two westermost ^^^^'^j^ urymg
bastions and the town line, is by the said works cut off from any conveni-
ent communication with the town, and thereby rendered of little service
to the proprietors ; and as there is no place allotted for a negro burying-
ground, J5e it further enacted hy ihe authority aforesaid. That the same
be, and is hereby, allotted for a negro burying-ground for ever. And a
convenient passage to the said negro burying-ground shall be laid out
through the glebe land, by the commissioners of fortifications. And the
owners of the said land hereby allotted for a negro burying-ground , shall
have satisfaction made to them out of the fortification fund. And the same
shall be valued by two indifferent persons, one to be named by the said
owners, and the other by the said commissioners as aforesaid ; and in case
of their not agreeing, then by an umpire, as aforesaid.
IX. And whereas, heretofore (that is to say) on or about the eighth day Compensation
of October, in the year of our Lord one thousand six hundred and ninety- provided for
eight, there was granted unto James Moore, Esqr. his heirs and assigns, *^®''^*'° ^°'^"
thirty-four acres, two roods and twenty perches of land, and is said to be
situate on Charles Town Neck, and bounding north on Cumings's land,
west on Ashley River, east and south on Charles Town, within which
boundarys are situate four lots of Land, known by the numbers ninety,
four, one hundred, one hundred and fourteen, and one hundred and tAventy-
nine, commonly called Hobson's four lots, and which four lots, the quanti-
ty not being specified in the grant, are siipposed to contain two acres.
And whereas, it appears by the said plat and re-survey, that great
part of the works hereinbefore mentioned, that is to say, from Archdale
78 STATUTES AT LARGE
A, D. 1746. Acts relating to the City of Charleston.
street to the marsh of Ashley river, runs through the saidpands granted to
the said James Moore, and the said lots granted to the said Hobson, as
aforesaid, and by the west line of the said work, a slip of the said thirty-
four acres of land along the marsh is cut off and become of little use to
the owners thereof; Be it further enacted by the authority aforesaid,
That the owners of the said thirty-four acres, two roods, and twenty
perches of land, of the said four lots called Hobson''s lots, shall have satis-
faction made to them out of the fortification fund, for all the quantity of
land which the land left within the said works shall fall short of the said
thirty-four acres, two roods, and twenty perches of land contained in their
original grant as aforesaid, and the same shall be valued by two inditferent
persons, one to be named by the said owners, and the other by the said
commissioners, as aforesaid ; and in case of their not agreeing, then by an
umpire, as aforesaid.
X. And whereas, through mistaken admeasurement occasioned as
Lots No. 248 aforesaid, two several town lots, distinguished respectively by the numbers
and 249. two hundred and forty eight and two hundred and forty nine, have been
inclosed and built upon by the owners of the adjacent lots, numbered three
hundred, and three hundred and one, which said last mentioned lots are
now almost wholly taken up by another part of the said ditch and ram-
part ; Be it therefore enacted by the authority aforesaid , That the proprie-
tors of the said two lots, two hundred and forty-eight, and two hundred and
forty. nine, shall have compensation for the same, out of the produce of the
sale of the said surplus land so as aforesaid found near Queen-street in
Schinckingh''s Square, which surplus land is circumscribed by yellow lines
in the plat of re-survey, by this Act directed to be and remain of record in
the Secretary's office of this Province ; and which said surplus land is
hereby declared to be vested in, and to be and enure in pure and good fee
simple, in the Honorable Lieutenant Governor, William Bull, Esqr.
Othniel Beale, David Hext, Isaac Holmes and Isaac Mazyck, Esqrs. their
heirs and assigns, in trust, that they, the said trustees, or any three or more
of them, do, and they are hereby enabled and required, within eighteen
months after the passing of this Act, to sell and convey, to the best bidder
at public outcry, the said surplus land in Schenckingh's Square aforesaid,
which sale and conveyance shall be good and valid, according to the tenor
of the same ; and that the said trustees, out of the money arising from the
said sale, do pay to the owners and proprietors of the said lots two hun-
dred and forty-eight and two hundred and forty-nine, so taken up by the
said ditch and rampart, the full value of their said lots ; and if any surplus
money shall remain after such payment, that then the said surplus money
be placed in the hands of the Public Treasurer, to be applied as the Gene-
ral Assembly shall think proper; any law, usage or custom to the contrary
notwithstanding; and upon such satisfaction made, the land whereon the
said other part of the said ditch and rampart are made from Meeting House
street to King street, are hereby declared vacant or surplus lands, and is
vested in his Majesty, his heirs and successors, for the public use of this
Province ; Provided ahcays, that nothing in this Act contained shall
extend or be construed to bar or abridge any estate, right, title or interest
whatsoever, of any person or persons, of, in or to any of the said lots or
lands hereby declared vacant or surplus lands, and vested in his Majesty,
so that such person or persons do make and prosecute his, her or their
claim thereto, within five years next after the passing of this Act.
XI. And be it further enacted hy i\ie authority aforesaid, That if any
OF SOUTH CAROLINA. 79
Acts relating to the City of Charleston, A. D. 1751.
person shall be sued for any matter or thing, by them done in pursuance
of the direction of this Act, it shall and may be lawful to and for every ,„ay jjg plg^d-
such person to plead the general issue , and to give this Act and the special ed.
matter in evidence and if the plaintifl' or plaintiff in such action or suit
shall discontinue, or become non-suit, or a verdict shall pass against him or
them, it shall and may be lawful for the court in which such action shall
be brought, to tax and allow to every such defendant, his and their double
costs of suit, for which the defendant shall have the like remedy as by law
is given to other defendants.
WILLIAM BULL, Jun. ^inaker.
In the Council Chamber, the Ylth day of June, 1746.
Assented to: JAMES GLEN.
AN ACT FOR DIVIDING THE PARISII OF St. PhILIP, ChARLESTOWN, AND No. 795.
FOR ESTABLISHING ANOTHER PARISH IN THE SAID ToWN, BY THE
NAME OF THE PaRISH OF St. MiCHAEL ; AND FOR APPOINTING COM-
MISSIONERS FOR THE BUILDING OF A ChURCH AND A PaRSONAGE
House in the said Parish ; and appointing one member more to
REPRESENT THE INHABITANTS OF THE SAID ToWN IN THE GeNERAL
Assembly of this Province ; and for ascertaining the number
of members to represent the inhabitants of the said parishes,
respectively, in the SAID ASSEMBLY ; AND PROVIDING AN ADDITION
TO THE SALARY OF THE PRESENT ReCTOR OF THE PaRISH OF St.
Philip, during his incumbency.
WHEREAS, the inhabitants of the parish of St. Philip, Charlestown,
are become so numerous (and being daily increasing) that it is absolutely Preamble,
necessary to divide the said parish ; and the present church being insuffi-
cient for accommodating the said inhabitants, many familys (professors of
the church of England) in the said town, are deprived of the benefit of
attending at divine service, for want of seats in the said church ; for reme-
dying which evil, we humbly pray his most sacred Majesty that it may be
enacted,
I. And be it enacted, by his Excellency James Glen, Esquire, Governor-
in-chief and Captain General in and over the Province of South Carohna, st. Philip's
by and with the advice and consent of his Majesty's Honorable Council divided.
and the Assembly of the said Province, and by the authority of the same.
That the parish of St. Phihp, Charlestown, shall be divided in the following
manner, (that is to say :) All that part of Charlestown situate and being
to the southward of the middle of Broad-street, in the said town, shall be,
and is hereby declared to be, a distinct parish by itself, separate from the
other part of the parish of St. Philip, and shall hereafter be called and
known by the name of the parish of Saint Michael ; any thing contained
in the Act passed the thirtieth day of November, one thousand seven hun-
dred and six, entitled "An Act for the estabhshment of religious worship
in this Province, according to the church of England, and for the erecting
80
STATUTES AT LARGE
A. D. 1751.
Acts relating to the City of Charleston.
Parish church
of St. Michael
Rector of said
church.
Conirs. for
building the
church, &c.
Their powers
and duties.
of churches for the pubhc worship of God, and also for the maintenance of
ministers, and the building convenient houses for them,'" notwithstanding.
II. And be it further enacted by the authority aforesaid. That the church
of the said parish of St. Michael shall be built on or near the place where
, the old church of the parish of St. Philip, Charlestown, formerly stood ; and
the parsonage house of the said parish shall be built on that part of the
old church yard which is fronting Meeting-street, and next adjoining the
land belonging to the heirs of John Wright, deceased, in such manner as
the commissioners hereinafter named, or the major part of them, shall
order, direct and appoint ; and the inhabitants of the said parish of St.
Michael shall and may have and enjoy all the rights, privileges and immu-
nitys that the inhabitants of the parish of Prince William, and the parish
of St. Peter, or of any other parish in this Province, doth or can have,
hold or enjoy, by any law, usage or custom whatever.
III. And be it also enacted, That the rector or minister of the said parish
of Saint Michael, shall be elected and chosen in the same manner as the
rectors or ministers of the several other parishes in this Province are elect-
ed and chosen, and shall have yearly paid him the sum of one hundred
and fifty pounds, proclamation money, as a salary, out of the fund appro-
priated, or to be appropriated, for payment of the salarys of the clergy in
this Province ; and the public treasurer of this Province for the time being
is hereby authorized, impowered and required, to pay the same, under the
like penaltys and forfeitures as for not paying the salarys due to the other
rectors and ministers of the several other parishes in this Province ; and
the said rector or minister of the parish of Saint Michael shall have and
enjoy all and every such privileges and advantages, and shall also be under
such rules, laws and restrictions, as the rectors or ministers of the other
parishes in this Province have and enjoy, or are subject and liable unto.
IV. And be it also enacted by the authority aforesaid. That the Honora-
ble Charles Pinckney, Alexander Vander Bussen, Edward Fenwicke, Wm.
Bull, Junior, Esquires, Andrew Rutledge, Isaac Mazyck, Benjamin Smith,
Jordan Roche and James Irving, Esquires, be, and they are hereby ap-
pointed, commissioners or supervisors for the building of the church and
pews and the parsonage house in the said parish of Saint Michael ; and
they, or the major part of them, are hereby fully authorized and impower-
ed to take subscriptions, and to receive, gather, collect and sue for all such
sum and sums of money as any pious and well disposed person or persons
shall give and contribute for the purposes aforesaid ; and in case of the
death, absence or refusing to act, of -any of the said commissioners, the
Governor or Commander-in-chief for the time being shall and may nomi-
nate and appoint another person or persons to be commissioner or commis-
sioners, in the room or place of such so dead, absent or refusing to act, as
to him shall seem meet ; and the person or persons so to be nominated and
appointed, shall have the same powers and ^authority for putting this Act
in execution, to all intents and purposes, as the commissioners herein
named.
V. And be it further etiacted by the authority aforesaid, That the said
commissioners or supervisors, or the major part of them, with the moneys
to be collected by the contributions as aforesaid, and in case such contri-
butions shall not be sufficient, then with the moneys hereinafter provided
for that purpose, shall have power, and they are hereby authorized, impow-
ered and required, within two years from the time of passing this Act, or
as soon after as conveniently maybe, to build the said church, with a
OF SOUTH CAROLINA. 81
Acts relating to the City of Charleston. A. D, 1751.
steeple to the same, and also to procure a ring of bells, of such number,
weight and bigness as they shall think fitting, and also to build the said
parsonage house.
VI. And be it also enacted hy the authority aforesaid, That in case the
said contributions shall not be sufficient to defray the expence of building AnnroDriation
and finishing the said church and parsonage house, then there shall be paid
out of the public treasury of this Province, (to wit,) of the moneys arising
by the dutys imposed or hereafter to be imposed upon goods, wares and
merchandize imported from his Majesty s plantations or colonys in America,
and upon goods, wares and merchandize exported from this Province, the
sum of one tiiousand and seven hundred pounds, current money, per annum,
until the whole expence of building and finishing the said church, steeple,
and parsonage house, and ring of bells, shall be fully satisfied and discharg-
ed : Provided always nevertheless, i\\dit i\\e szaA money, so to be annually
paid out of the public treasury for the purposes aforesaid, shall not in the
whole exceed the sum of seventeen thousand pounds.
VII. And to the intent that so pious and necessary a work may not be
retarded, Be it further enacted by the authority aforesaid. That for a sup-
ply of moneys, if needful, for carrying on the said buildings, the said com-
missioners, or the major part of them, shall, from time to time, as the occa-
sion may require, make application to his Excellency the Governor, or the
Commander-in-chief for the time being, who is hereby desired and im-
powered, upon such application, with the advice of council, to issue his
warrant upon the public treasurer for the time being, for the payment of
so much money to the said commissioners as may be wanted, until the said
sum of seventeen thousand pounds shall be fully paid out ; with directions
in the said warrants respectively, that if there shall be no moneys in the
treasury of the fund hereby appropriated to answer such warrant, and any
person or persons shall be willing to supply any materials for, or to do the
workmanship of the said buildings, and be content to wait for payment till
the said fund shall be in cash to discharge the same, then and in such case
the said public treasurer shall give a certificate or certificates to the person
or persons employed by the said commissioners, or furnishing any materials
for the said buildings, for the sum or sums to them respectively due, or for
so much thereof as the said person or persons shall require, (but not for
less than ten pounds in one certificate ;) and the said treasurer, from time
to time, as soon as any moneys of the dutys hereby appropriated shall
come into his hands, shall, and he is hereby enjoined and required to, give
public notice thereof by advertisements posted up in the most conspicuous
places in Charlestown, and requiring the persons possessed of such certifi-
cates to bring in the same to be paid off and discharged ; and the said
treasurer shall forthwith cancel the said certificates.
VIII. And belt further enacted by the authority aforesaid. That the said
sum of one thousand and seven hundred pounds per annum, to be paid out
of the public treasury as aforesaid, shall be employed, made use of, and
expended in building and finishing the said church, steeple and parsonage
house, and procuring a ring of bells, as aforesaid, and to and for no other
use or uses whatsoever.
IX. And be tt enacted by the authority aforesaid. That the pews in the
said church shall be erected by the direction and appointment of the said The pews,
commissioners, or the major part of them ; and that a commodious pew
be set up therein for the use of the Governor or Commander-in-chief and
the Council for the time being, and likewise two large pews for the members
VOL. VII.— n.
82 STATUTES AT LARGE
A, D. 1751. Acts relating to the City of Charleston.
of the Assembly, and one other large pew for strangers who shall go
to the said church, in such places and of such dimensions as the said com-
missioners, or the major part of them, shall think lit; and that the other
pews, which are hereby required to be made as equal in space as can be,
shall be disposed of in the manner following, (that is to say,) the persons
who shall have contributed most toward the building of the said church
shall be intitled to and have the iirst choice of the pews in the same, and
in cases where it shall happen that several persons have contributed alike,
such persons shall draw lots for the choice.
X. And he it further enacted by the authority aforesaid , That the said
Pews to be commissioners, or the major part of them, shall be, and they are hereby,
leased. fully authorized and impowered, by an instrument in writing, to be drawn
up and executed for that purpose, to lease, set or let the said pews to the
said persons respectively, their several and respective executors, adminis-
trators and assigns, for and during the term of ninety-nine years, which
the said persons, their executors, administrators and assigns, shall and may
lawfully possess, occuppy and enjoy accordingly, provided they pay such
rent for the said pews as the said commissioners shall think reasonable to
reserve thereon; and the said commissioners, or the major part of them,
are hereby impowered to ascertain the rent to be paid for the said pews
respectively, according to their situation; 'provided, that the rent for any
one pew shall not exceed the sum of twenty shillings proclamation money,
per annum, which rent shall be paid annually to the church-wardens and
vestry of the said parish of Saint Michael, for the time being, and shall
be, and is hereby, applied for and towards keeping the said church in repair,
and ornamenting the same, in such manner as the church-wardens and
vestry of the said parish shall from time to time direct and appoint.
XI. And be it further enacted hy the authority aforesaid, That at the
end and expiration of the said term of ninety-nine years, it shall and may
be lawful to and for the church-wardens and vestry of the said parish of
Saint Michael, for the time being, to lease, set or let the said pews, to such
persons, for such term, not exceeding ten years, and under such rent, as
they shall think fit : Provided always, that the persons in possession , being
descendants or assignees of the original lessee of the said pews, at the end
of the said term, shall have the preference of a renewal of the like term
of ninety-nine years, at the rent reserved by the original lease, upon pay-
ing a fine of five pounds proclamation money, for the use of the said
church, as aforesaid.
XII. And he it also enacted, That in case any lessee or lessees of any
Maybe sold for pew or pews in the said church, his, her, or their executors, administrators,
lailure to pay ^j. assigns, shall neglect or refuse to pay such rent for the same as shall be
reserved thereon, by the space of nine months after such rent shall
become due, and actual notice thereof given by the church-wardens, then
it shall and may be lawful for the said church-wardens and vestry for the
time being, to sell and dispose of the remainder of the term unexpired of
such lease or leases, to any other person or persons willing to purchase the
same and pay the rent reserved thereon ; and the moneys arising by the
sale of such lease or leases, shall be, and is hereby, applied to the use of
the said church, in manner aforesaid.
XIII. And he it further enacted by the authority aforesaid. That no
person whosoever, owning or having the possession of a pew in the Church
of St. Philip, Charles Town, shall be permitted to have a pew in the Church
of St. Michael's parish, unless such person shall be owner of a house in
OF SOUTH CAROLINA. 86
Acts relating to the City of Charleston. A. D. 1751.
each parish, until he or she shall have disposed of such pew in the
Church of St. Philip ; any thing hereinbefore contained to the contrary
notwithstanding.
XIV. Atid belt further enacted by the authority aforesaid, That it shall
and may be lawful for the inhabitants of either of the said parishes to bury
their dead in the church-yard of the other parish ; any usage or custom to
the contrary notwithstanding.
XV. And he it also enacted. That the poor of the parish of St. Phihp,
Charles Town, and the poor of the parish of St. Michael, shall be main- The poor of the
tained and supported jointly, at the expense of the inhabitants of both the two parishes.
said parishes ; and that all donations which have been heretofore given for
the use of the poor of the parish of St. Phihp, Charles Town, shall be, and
are hereby, applied to the use of the poor of both parishes, in the same
manner as hath been heretofore used ; and that tlie church wardens and
vestry of the parish of St. Phihp, Charles Town, shall have power, and
they are hereby fully authorized and impowered, to rate, assess, collect and
levy all such sum and sums of money as shall from time to time be wanted,
for defraying the expense of maintaining and supporting the poor of the
said parishes, as well upon the inhabitants of the parish of St. Michael,
as upon the inhabitants of the parish of St. Philip, equally and impartially,
and in like manner as they have heretofore done.
XVI. And to prevent any disputes that may hereafter happen or arise
between the said parishes, concerning the choosing and sending their [[^P'"^^^"^^'
Representatives to the General Assembly of this Province, Be it en-
acted by the authority aforesaid, That after the said church shall be
built, and a minister settled in and for the said parish of St. Michael,
the inhabitants of the said parish of St. Philip shall choose and send
three members of Assembly, and no more, and the inhabitants of the
said parish of St. Michael shall choose and send three members of As-
sembly, and no more ; any thing contained in the Act entitled "An Act
to ascertain the manner and form of electing members to represent the
inhabitants of this Province, in the Commons House of Assembly, and to
appoint who shall be deemed and adjudged capable of choosing or being
chosen members of the said House," to the contrary thereof in any wise
notwithstanding ; and that writs for the electing of members to serve in
the General Assembly for each of the said parishes, shall be issued in the
same manner and at the same times as for the several other parishes in this
Province, pursuant to the directions of the said recited Act.
XVII. And forasmuch as the dividing of the parish of St. Phihp, Charles
Town, will at present be some diminution of the perquisites of the Compensation
Reverend Mr. Alexander Garden, the present rector of the said parish ; ^^''^^^r^ctor of
Be it therefore enacted by the authority aforesaid. That the said Mr.
Alexander Garden, the present rector of the said parish, so long as he shall
continue to officiate, and no longer, and to none other, shall be allowed and
paid (from and immediately after a minister shall be appointed for and
perform divine service in the church of the parish of St. Michael) the sum
of forty pounds proclamation money, over and above his present salary, as
a recompence for such diminution of his perquisites ; which sum, the public
treasurer for the time being, is hereby required to pay, out of the same
fund and in hke manner as the salarys to the other clergy in this Province
are paid.
XVIII. And whereas, by reason of dividing the parish St. Philip,
Charles Town, disputes may arise concerning the execution of certain
84
STATUTES AT LARGE
A.D. 1751.
Acts relating to the City of Charleston.
Acts of the General Assembly, which have been heretofore passed, provi-
concerniuff^Uie *^^"o several regulations (with respect to the markets, streets, high-roads and
markets, other matters,) for the convenience and benefit of the inhabitants of the
streets, &c. to gg^j^^ parish, and the port and harbor of the said Town. For prevention
if this Act' had whereof, ^^ is hereby further enacted and declared, That it is not the in-
not been pass- tention of this Act to abrogate or make any alteration in any of the said
^ ■ Act or Acts, other than in such instances as are herein particularly men-
tioned and expressed. But that all and every such Act and Acts should
operate and take etiect, to all intents, constructions and purposes whatsoever,
in the same manner as if this Act had never been made ; any thing herein-
before contained notwithstanding.
XIX. And he it further enacted, by the authority aforesaid , That the
Commissioners said commissioners shall be, and they are hereby, required to lay a full,
to account. true and perfect accompt of all their receipts, collections, payments f^nd
disbursements, for and concerning the said church and parsonage house,
before the General Assembly, as often as they shall be thereunto required
by the Governor or Commander-in-chief for the time being, or either
House of Assembly
ANDREW RUTLEDGE, Speaker.
In the Council Chamber, the lith day of June, I7e5l.
Assented to: JAMES GLEN.
No. 880.
AN ACT TO IMPOWBR THE COMMISSIONERS FOR BUILDING A ChURCH
AND Parsonage in the Parish of St. Michael, Charles Town,
TO PURCHASE A LOT OF LAND AND HOUSE FOR A PaRSONAGE FOR THE
SAID Parish ; and to dispose of and convey in Fee Simple, such
Pews as shall be built in the said Church ; and for repealing
SEVERAL paragraphs OF THE ACT OF THE GeNERAL ASSEMBLY OF
THIS Province for dividing the Parish of St. Philip, and for
erecting the said Parish of St. Michael, and a Parsonage for
the same.
Freamble.
WHEREAS, the ground allotted for the building of the Parsonage House
of the Parish of St. Michael, by an Act of the General Assembly of this
Province, entitled " An Act for dividing the Parish of St. Philip, Charles
Town, and for establishing another Parish in the said Town, by the name
of the Parish of St. Michael; and for appointing commissioners for the
building of a Church and a Parsonage house in the said Parish ; and ap-
pointing one member more to represent the inhabitants of the said Town in
the General Assembly of this Province ; and for ascertaining the number
of members to represent the inhabitants of the said Parishes respectively in
the said Assembly ; and providing an addition to the salary of the present
rector of the Parish of St. Philip, during his incumbency," if taken from
the church-yard of St. MichaeFs Parish, as the said Act directs, would
render the said church-yard too small and confined ; we therefore humbly
pray his most sacred Majesty that it may be enacted,
OF SOUTH CAROLINA. 85
Acts relating to the City of Charleston. ^- ^- ^''5^-
I. And he it enacted, by his Excellency, William Henry Lyttleton, Esq.
Captain General and Governor-in-chief, in and over the Province of South ai,tho"i^eci to
Carolina, by and with the advice and consent of his Majesty's Council, puichase land
and the Commons House of Assembly of the said Province, and by the ^^Jg^ P'^°"'
authority of the same. That it shall and may be lawful, at any time within
two years after the passing of this Act, for the said commissioners, or the
majority of them, to purchase a lot of land and house for a Parsonage for
the said Parish of St. Michael, and to receive and take a conveyance for
the same, in trust for and to the uses aforesaid ; which said lot of land and
house, shall be paid for out of the monies appropriated for building the
parsonage-house in the Parish of St. Michael; and when purchased as
aforesaid, shall be, and is hereby declared to all intents and purposes to be,
the parsonage land and house of the said Parish of St. Michael; any law,
usage or custom to the contrary notwithstanding.
n. And whereas, many persons have declined subscribing to the building
of the said Parish Church of St. Michael, because the pews which they Pews,
are to have in consequence of their subscribing, are not upon a footing
with the pews in all other Parish Churches in this Province, but are direct-
ed by the said Act to be let on leases for ninety-nine years ; Be it therefore
enacted by the authority aforesaid, That it shall and may be lawful for the
said commissioners, or the majority of them, to convey the pews to be
built in the said Parish Church of St. Michael, according to the directions
of the said Act, to such persons as shall subscribe for the same, their heirs
and assigns, forever; any thing in the said Act contained to the contrary
notwithstanding.
HI And be it further enacted by the authority aforesaid, That such part
of the second paragraph of the said Act of the General Assembly of the Certain sec-
said Province, for dividing the said Parish of St. Philip, and erecting thei'cJ'repealer"^
said Parish of St. Michael, as relates to the building of the parsonage-house
of the said Parish of St. Michael ; and also, the tenth, eleventh, and
twelfth paragraph of the said Act, be, and they are hereby declared, repealed
and absolutely null and void, to all intents and purposes, from and imme-
diately after the passing of this Act.
B. SMITH, Speaher.
In the Council Chamber, the 1th day of April, 1759.
Assented to: WILLIAM HENRY LYTTLETON.
AN ACT FOR IMPOWERING THE COMMISSIONERS OF THE StREETS IN jVJq 954,
ChARLBSTOWN, to lay OUT AND CONTINUE OLD ChURCH-STREET TO
George-street, in Ansonborough ; and for building a Bridge
AND Causey at the North end of the Bay of Charlestown.
WHEREAS, many of the inhabitants of Charlestown and Ansonbo-
rough, have, by their representation and petition, humbly set forth, that
the continuation of the street which leadeth northwardly by St. MichaePs
church, and the Independant and Scotch Meetings, commonly called old
Church-street, through some lands of private property, until it shall unite
Preamble.
86 STATUTES AT LARGE
,\.U. 1767. j{cts rdathng to the City of Charleston.
with that street laid out in Ansonborough called George-street, would be
useful and ornamental to Charlestown, and is absolutely necessary for the
use and convenience of persons who live in and about Ansonborough, and
upon Charlestown Neck, and also very serviceable to travellers and others
passing into and going out of the said town ; and xohercas^ the opening the
communication between the said town and Ansonborough, in the manner
prayed for, appears reasonable and proper ; We therefore pray his most
sacred Majesty that it may be enacted,
I. And he it enacted, by his Excellency the Right Honorable Lord
Old Church- Charles Greville Montagu, Captain-general, Governor and Commander-in-
streettobe chief in and over the Province of South Carolina, by and with the advice
' ■ and consent of his Majesty's Council, and the Commons House of Assem-
bly of the said Province, and by the authority of the same. That from
and immediately after the passing of this Act, the commissioners of the
streets in Charlestown (lawfully appointed) for the time being, or a majori-
ty of them, are hereby fully authorized and empowered and enjoined and
required, without delay, to lay out and continue, or cause to be laid out
and continued, the street aforesaid, commonly called old Church-street,
through the lands of any private person or persons whatsoever, until the
same shall unite with George-street in Ansonborough aforesaid, any law
or custom to the contrary notwithstanding ; and the owner or owners of
such lands as the said continued street shall run through, shall have such
a recompence and allowance paid them for the loss of their said lands, (if
any real loss shall be occasioned thereby,) by the inhabitants of the
parishes of St. Philip and St. Michael, as shall be appraised on oath, and
agreed upon, and certified in writing, under their hands and seals, by any
four indifferent persons, freeholders, two to be named by the said com-
missioners on behalf of the public, and two by the owner or owners of the
said lands, to be taken for the continuation of the street aforesaid; and if
they cannot agree therein, then they, the said four persons, shall and may
choose one proper person, being a freeholder, as an umpire to decide the
same on oath, as aforesaid.
n. And he it further enacted by the authority aforesaid , That the said
commissioners, or a majority of them, as aforesaid, in laying out and con-
tinuing the said street, as before directed, shall preserve the same width
as the town plot allows to old Church-street, and shall order and direct
such a course of the continuing lines of the said street to be run, until it
unites with George-street aforesaid, as they in their discretion shall think
proper ; and shall have power and authority, and they are hereby required
and directed, to cause to be removed all buildings, fences, walls, or other
obstructions which shall be found in the said street, after they have fixed
the continuation lines thereof to George -street aforesaid ; and any expense
that may attend the execution of the present power and directions to the
said commissioners as aforesaid, in laying out the said lines and removing
, such obstructions, shall be paid for, in the same way and manner as the
expense of keeping the streets clean in Charlestown, is annually paid for.
HL And he it further enacted by the authority aforesaid. That the land
which shall be included in the said lines of the intended street to be laid
out and continued as aforesaid, shall, from and immediately after the lay-
ing out the same, be vested in his Majesty, his heirs and successors, for
the use of a public street, to all intents and purposes.
IV. And ichereas, a substantial brick bridge and causey, to be cased on
each side with brick or stone, and filled up with earth, of the width of
OF SOUTH CAROLINA. 87
Acts relating to the City of Charleston. A. I). 1767.
twentv-two feet in the clear, with a sufHcient and secure foot path, well
posted in, on one side thereof, and having a proper brick arch under t^e^^.^ ^^^^^
same, is much wanted at the North end of the Bay of Charlestown, toj^^iit"
lead over a creek near Craven's bastion, to the North parts of the said
town, heretofore called Ansonborough ; Be it therefore enacted by the
authority aforesaid, That the said commissioners of the streets for the
time being, or a majority of them, shall have full power and authority, and
thev are hereby directed and required, without delay j to contract and
agree with some proper person or persons, on such terms as they shall
think proper, for the building and compleating such a bridge as is above
described, over the creek aforesaid; and the expense thereof shall be
raised and paid, in the same way and manner as the expense of cleaning
and keeping in good order the streets in Charlestown, is annually raised
and paid; and if the said commissioners, or any of them, shall be sued
for any thing by them done, in pursuance of the direction of this Act, it
shall and may be lawful for him and them to plead the general issue, and
give this Act and the special matter in evidence to the court or jury be-
fore whom such suit shall come ; any law, usage or custom, to the con-
trary in any wise notwithstanding.
P. MANIGAULT, Speaker.
In the Council Chamber, the ISth day of April, 1767.
Assented to: C. G. MONTAGU.
AN ACT TO APPOINT AND AUTHORIZE COMMISSIONERS TO CUT A CaNAL No. 965.
FROM THE UPPER END OF BrO AD-STREET INTO AsHLEY RIVER ; AND
TO RESERVE THE VACANT MaRSH ON EACH SIDE OF THE SAID CaNAL,
FOR THE USE OF A COMMON FOR ChARLESTOWN ; AND TO EMPOWER
THE Commissioners of the Streets in Charlestown, to remove
A CERTAIN Nuisance in the street commonly called Allen's-
street.
\
WHEREAS^ many of the inhabitants of this Province, settled on
Ashley river, and other parts to the southward of Charlestown, are often Preamble,
put under great inconvenience in transporting themselves and commodities
from their respective settlements to Charlestown, for want of some conve-
nient and safe landing place in Ashley river, whereby they are frequently
obliged to go round White Point in bad and boisterous weather, with very
great risque and danger ; and whereas, if a good navigable canal was to
be cut from the west end of Broad-street, in a direct line to Ashley river,
through the marsh, it would not only obviate the said inconveniences, but
be of general utility to the inhabitants of Charlestown ; We therefore
humbly pray his most sacred Majesty that it may be enacted,
I. And he it enacted, by his Excellency the Right Honorable Lord
Charles Greville Montagu, Captain-general, Governor, and Commander-
in-chief in and over his Majesty's Province of South Carolina, by and
with the advice and consent of his Majesty's Council, and the Commons
88
STATUTES AT LARGE
A. D, 1768.
Acts relating to tJie City of Charleston,
Canal to be
cut.
Commissioner;
appointed.
House of Assembly of the said Province, and by the authority of the
same, That the commissioners hereinafter nominated and appointed, or
the major part of them, shall, and they are hereby authorized, impowered
and required, immediately, or as soon as conveniently may be after the
passing of this Act, to cause to be cut a channel or canal, from the West
end of Broad-street, in a direct line, to low water mark, on Ashley river,
not exceeding twenty-five feet wide, and of a sutficient breadth at the end
next to Broad-street, to receive two schooners, and of a sutficient depth to
receive boats, canoes, pettiaugers, schooners, or other vessels not drawing
more than six feet water, and to cause good and substantial banks or
causeys to be- raised on both sides thereof, of such breadth, depth and
height, and in such manner and proportion , as shall, by the said commis-
sioners, or the major part of them, be thought necessary and convenient
to answer the intended purposes of this Act.
II. And he it further enacted by the authority aforesaid, That the Hon-
orable Henry Middleton, Esquire, Isaac Mazyck, Rawhns Lowndes, Ed-
ward Fenwicke, William Henry Drayton, Arthur Middleton, Esquires, and
Mr. William Savage, shall be, and are hereby nominated and appointed,
commissioners, and they, or the major part of them, are hereby appointed
a quorum, to put this Act, and every matter and thing therein contained, in
execution ; and the said commissioners, or the major part of them, are also
authorized and impowered to collect and receive from the inhabitants of
this Province, or others, such free gifts and voluntary contributions, as
they, or any of them, shall from time to time think fit generously to make
and bestow towards the charge of carrying on and finishing the said work.
III. And he it further enacted by the authority aforesaid , That the said
Appropriation, free gifts and voluntary contributions, to be made, bestowed, collected and
received as aforesaid, together with the sum, not exceeding five thousand
pounds currency, which the Commons House of Assembly have resolved
to provide for that purpose, shall, by the said commissioners, or the major
part of them, be laid out upon, applied to, and employed in the said work
hereinbefore mentioned only, and for no other use, intent or purpose what-
soever; and that the said commissioners, or the major part of tbem, shall
keep distinct and fair accounts of all receipts and payments, in and con-
cerning the said work, and immediately after finishing the same shall, and
are hereby required to, lay a fair state of the said accounts before the
General Assembly of this Province.
IV. And he it further enacted \y\^ \\\G ^Vi\\\ox\iy ^^ox^s&\A^ That the land
through which the said canal shall pass, and on which the said banks or
causey shall be raised, and what shall lie within the same, shall forever
hereafter, to all intents and purposes whatsoever, be vested in his Majesty,
his heirs and successors, for the use of this Province, and shall be deemed,
taken, held and adjudged part of Broad-street in Charlestown, in as full
and ample manner as if the same had been so laid out and continued at
the beginning ; any former survey, custom, plan or model, to the contrary
hereof in any wise notwithstanding ; provided nevertheless , that it shall not
be lawful, on any pretence whatever, for any person or persons to ride on
the said banks, or make use of any carriage whatsoever on the same, on pain
of forfeiting, for every such offence, the sum of ten pounds currency, to
be recovered in the same manner as penalties are recoverable by the street
Act.
V. And he it further enacted by the authority aforesaid, That all the
vacant marsh land lying on each side of the said canal, hereby directed to
Land vested.
Penalty for
injuring the
banks.
OF SOUTH CAROLINA. 89
Acts relating to the City of Charleston. A. D. 1768.
be made, situate on the east side of Ashley river, within the Umits of ^ q^,,,,^^^
Charlestown, shall forever hereafter be reserved and kept for the use of established.
a common for Charlestown ; and any grant that may be made or obtained
for the same, or any part thereof, is hereby declared to be absolutely null
and void.
VI. And he it further enacted by the authority aforesaid, That in case
of the death , refusal to act, or departing from this Province, of any of the^. . .
. . , • 1 (• • . J 1 • i 1 .1 • •" Vacancies, how
commissioners herein beiore nominated and appointed, the remaining com. to be filled.
missioners for the time being, or the major part of them, shall, and are
hereby empowered to, appoint one or more commissioner or commissioners,
who shall have like power and authority as is herein before granted, to fill
up the place and stead of such commissioner or commissioners, so dying,
refusing to act, or departing this Province, as aforesaid.
VII. And whereas, by certain articles of agreement, made and executed
the eleventh day of October, in the year of our Lord one thousand seven
hundred and thirty-five, by and between John Allen, late of Charlestown, ,|"j.^,^"'f ^'■
in the Province aforesaid, deceased, of the one part, and James Grome, also
late of the said town and Province, deceased, of the other part ; it appears
that the said parties were then severally seized in their demesnes as of fee
of and in certain pieces or parcels of two lots in Charlestown aforesaid,
numbered in the general plan of the said town by the numbers two hun-
dred and sixty-eight, and hvo hundred and sixty-nine, as also of other lots
situate, lying and being contiguous respectively to the eastward and west-
ward of their several and respective pieces or parcels of lots before men-
tioned and expressed. And being willing and desirous, as well for the
mutual benefit and advantage of each other, and the advancing the value
of their said respective lots and pieces of lots, as for the general conveni-
ency of the inhabitants of the said town and others, to lay out and leave
open, between their several lots and pieces of lots, for ever, a street or lane,
to be called by the name of Allen''s street, to lead from Broad Street into
Queen street, did mutually covenant, promise, grant, and agree, to and
with each other of them, his heirs and assigns, for certain considerations
therein mentioned, that they the said parties, their heirs and assigns, should
and would, from time to time, and at all times thereafter, leave open and
free for the use aforesaid, the street to be called Allen's street, containing
in breadth from east to west, thirty feet of assize, and in length, from
Broad street to Queen street, formerly called Dock street, four hundred
and eighty-one feet of assize , that is to say ; — that the said John Allen and
James Grome, their heirs and assigns, and each of them, should and would
leave open and free, as aforesaid, fifteen feet of assize in breadth from
east to west, and four hundred and eighty-one feet of assize in length, from
Broad street to Queen street, adjoining the lands of each other, and both
taken together and making the street to be called Allen''s street, as aforesaid,
to be left and continued open and free; as by the said deed, recorded
in the Secre'tary's office of this Province, doth appear. And in pursuance
of the said agreement, the said street was accordingly laid open and esta-
blished, for the uses, intents and purposes aforesaid, since which, a very
manifest incroachment hath been made on the said street, in violation of
the agreement as aforesaid, and to the great annoyance of the inhabitants
of the said town, and others ; Be it therefore enacted by the authority afore-
said, That the commissioners of the streets for the time being, or a majo-
rity of them, shall have full power and authority, and they arc hereby
directed and required, within three nionths after the passing of this Act,
VOL. VII.— 12.
90
A. D. 1768.
The general
issue may be
pleaded, &c.-
STATUTES AT LARGE
Acts relating to the City of Charleston.
to take, or cause to be taken, down and removed all such obstructions or
incroachments which may be found on Allen's street, as aforesaid, and to
cause the same to be widened and laid open, according to the true intent
and meaning of the agreement before mentioned.
VIII. And he it further enacted by the authority aforesaid, That if any
of the commissioners aforesaid shall be sued or prosecuted for any thing
done in pursuance of the direction of this Act, it shall and may be lawful
for them or either of them, to plead the general issue, and to give this Act
and the special matter in evidence ; and if the plaintifi'or plaintiffs in such
case shall become nonsuit, suffer a discontinuance, or a verdict shall pass
against him or them, the defendant or defendants shall recover his and
their treble costs of suit.
P. MANIGAULT, Speaker.
In the Council Chamber, the 12th day of April, 1768.
Assented to .
C. G. MONTAGU.
No. 966.
Preamble.
AN ACT FOR APPROPRIATING THE PRESENT WoRK HoUSE FOR A PLACE
OF Correction ; for building a Poor House and Hospital ; for
ESTABLISHING FURTHER REGULATONS RESPECTING THE PoOR ; AND FOR
APPOINTING A Burial Ground for transient persons who shall
HAPPEN TO DIE IN ChaRLES ToWN.
WHEREAS, by an Act of the General Assembly of this Province,
passed the ninth day of May, which was in the year of our Lord one thou-
sand seven hundred and thirty-six, a certain sum of money was raised on
the inhabitants and owners of land in Charles Town, for the building of a
Work House and Hospital for the reception of the poor, and others therein
mentioned; which building was accordingly erected, and hath been ap-
phed to that use for several years past. But by reason of the great in-
crease of the poor of the said Town; the said building is not now sufficient
to contain the poor alone, exclusive of the numbers of fugitive seamen,
slaves and others, daily committed there by virtue of several laws passed
since the Act above recited ; by which means it is now become absolutely
necessary to have a new Poor House built, as well the better to accommo-
date the said poor, both settled and transient, as far as may be, and to re-
lieve them from the company and noise of disorderly offenders , with whom
they have been obliged for many years last past to reside under the same
roof, as to have a proper place to be wholly applied for the reception of
runaway slaves and disorderly persons, directed by law to be detained and
kept in such a place for the conveniency of the public 4 we therefore pray
his most sacred Majesty that it may be enacted,
I. And he it enacted by his Excellency the Right Honorable Lord Charles
Greville Montagu, Captain General, Governor and Commander-in-chief , in
and over his Majesty's Province of South Carolina, by and with the advice
and consent of his Majesty's Council and Commons House of Assembly
of the said Province, and by the authority of the same, That from and
immediately after the passing of this Act, the commissioners by law ap-
OF SOUTH CAROLINA.
Acts relating to the City of Charleston.
pointed and established for the building an Exchange and Custom House
in Charles Town, and the commissidners of the same for the time being,
shall be, and they are hereby appointed, commissioners for building a new Poor House
Poor House and Hospital, on any convenient part or spot of the four acres ^"<' Hospital
of ground belonging to the public in Charlestown, on part of which the ° ^^ "' ''
present work house and brick barracks now stand, which they shall think
proper; and they, the said commissioners, and the commissioners for the
time being, are hereby authorized, directed and required, as soon as they
conveniently can, after tlie passing of this Act, to agree with some proper
person or persons for the erecting and building the same, according to the
plan hereunto annexed, as near as may be, with the addition of cellars and
garrets, of brick and such other substantial materials proper for such a bull-
ding, and for enclosing the said ground with a substantial brick wall.
n. And that a proper fund may be established for the erecting the said
house, be it theri^orc enacted, hy the authority aforesaid. That the said com- punjjp^oyjjgj^
missioners, and the commissioners for the time being, or a majority of them,
shall have power and authority, and they are hereby directed and required,
to issue as many more certiticates or public orders, chargeable on the same
fund and similar to those already issued for the Exchange and Custom House ,
as they shall think proper : Proviiled, the same does not exceed in the
whole the sum of ten thousand pounds in the amount of said certificates
or orders to be so issued.
HI. A/id he itfutiher enacted, by the authority aforesaid, that the Act of
the General Assembly of this Province, (commonly called the additional
duty law,) which imposes an additional duty on rum, wine, and other com-
modities therein mentioned, for estabhshing a fund for sinking the certifi-
cates and orders issued and to be issued on account of the said exchange
and custom house, shall be continued until the income and profits of the
said fund shall be sufficient to sink and discharge the orders and certificates
to be issued for erecting the said poor house and hospital, and inclosing the
same as aforesaid ; and that the said commissioners, for the time being,
or a majority of them, shall, in every respect, have the same powers and
authorities, and pursue the same directions, in the issuing of the orders or
certificates hereby directed for the erecting the said intended poor house,
as by law they are authorized and directed to do in the issuing the certifi-
cates for the said Exchange and Custom House.
IV. And he it further enacted, by the authority aforesaid, That when the
said intended Poor House and Hospital shall be completely finished and in- P"0'' House,
occ* now to oG
closed, according to the directions of the said commissioners for the time used,
being, or a majority of them, the said poor shall be placed therein, and
managed according to the direction of the several laws in force concerning
the poor ; and the present work house shall be made use of only as a house
of confinement and correction, and shall be kept for that use and purpose
only ; and all fugitive seamen, runaway slaves, vagrants and disorderly per-
sons, bond or free, from henceforward shall be committed to and detained
and punished in the said work house and house of correction, and other-
wise dealt with as by law they ought, and under the inspection, care, au-
thority and direction of such justices, parish and other officers, as the said
last mentioned disorderly persons and fugitives are now dealt with and
managed according to law.
V. And Whereas, by the laws now in force, a person that hath been re-
sident in any Parish in this Province for three months, is to be held and
esteemed a settler or inhabitant in the said Parish, and entitled to all the be-
92 STATUTES AT LARGE
A. D. 1768. Jicts relating to the City of Charleston.
nefits of the Parish poor of the said Province'; which time of settlement is
not only contrary to the laws of England, in such Cases, but greatly incon-
venient to the inhabitants of the several Parishes in this Province, and ought
to be enlarged. Be it therefore enacted by the authority aforesaid, That
What shall be f""^"^ '^"'^ ^^^"^^^i'^t^ty ^^^^^ t*^^ passing of this Act, no person shall be es-
held a seiile- teemed or held in law to be a settler or inhabitant of any Parish in this Pro-
'"*'"'• vince, so as to be entitled to the benefits provided by law for Parish poor, un-
til such person hath been resident in such Parish for twelve months as a na-
tive, householder, sojourner, apprentice or servant, according to the proviso
and true intent and meaning of the Act for the better relief of the poor of
this Province ; any law, usage or custom to the contrary, notwithstanding.
VI. And xvhereas., by the increase of inhabitants in, and resort of Stran-
gers and transient persons to, Charlestown, the church yards or burying
grounds of the Parishes of Saint Philip and Saint Michael are now found to
be insufficient for the interment of such persons as happen to die in the said
Town, and it may be attended with dangerous consequences to the health of
the inhabitants of the said Town, if some other proper place is not by law
appointed for the above necessary purpose. Be it therejore enacted by the
^"tTr I^^T"*^ authority aforesaid, That part of the public land, near or adjoining to the old
Barracks and Powder Magazine, which was anciently a burying ground or
cemetery belonging to the Parish of Saint Philip, shall, from and after the
passing of this Act, be appointed for and deemed and held to be a burying
place for the interment of strangers and transient white persons ; and that
the corpse of any such person shall not hereafter be buried in either of the
church yards of Saint Philip or Saint Michael, Charlestown, without special
leave for that purpose is first obtained from the church wardens of each Pa-
rish respectively ; and the church wardens and vestry of the Parish of Saint
Philip are hereby authorized and required to cause the said burying ground
hereby established for strangers and transient persons to be immediately in-
closed and fenced in with good cedar posts and cypress boards , for the pur-
poses aforesaid, the cost and expense of which shall be paid by the public of
this Province ; and the accustomed fees and perquisites of funerals, which
shall arise from interments in the said ground so to be inclosed, shall belong
and be paid, respectively, to the^Rector, Register, Clerk and Sexton of the
said Parish of Saint Philip.
P. MANIGAULT, Speaher.
In the Council Chamber, the twelfth day of April, 1768.
Assented to: C. G. MONTAGU.
f Plan of the buildings omitted.]
No. 985. AN ACT for laying out and establishing a public Street in An-
SONBURGH, and THE PARTS ADJACENT THERETO.
WHEREAS, WilUam HoptoHj Peter Porcher, John Wragg, James
Preamble, Brisbane, Ann Watson and Alexander Mazyck, by ^their petition to the
General Assembly, setting forth that they had agreed to give a street
seventy feet wide, from the northermost end of Scarborough street, west-
ward, through their lands, into the broad road leading to Charlestown; but
OF SOUTH CAROLINA. 93
Acts relating to tlte City of Charleston. A. D. 1769.
that part of the breadth of the said street, towards the said road, will run
through the lands bought some years since of John Wragg, Esqr. for the
public use ; and therefore prayed that a law may be passed for appropriating
such part of the said public land toward the said street ; we therefore hum-
bly pray his most sacred Majesty that it may be enacted,
I. And be it enacted, by the Honorable William Bull, Esq. Lieutenant
Governor and Commander-in-chief, in and over his Majesty's Province of ^*^""'''*''^,
South Carolina, by and with the advice and consent of his Majesty's lished.
Council and the Commons House of Assembly of the said Province, and
by the authority of the same. That within one month after the passing of
this Act, the commissioners of the streets in Charlestown, or the majority
of them, shall cause the street dehneated and described in the plan hereunto
annexed, to be laid out, according to the size, shape, form and dimentions
therein represented, and in every respect agreeable thereto; and that the
said street, which shall be called Boundary street, shall forever thereafter
remain an open and public street.
P. MANIGAULT, Speaker.
In the Council Chamber, the 23d day of August, 1769.
Assented to: WILLIAM BULL.
[Plat omitted.]
AN ACT FOR LAYING OUT AND ESTABLISHING SEVERAL NEW StREETS No. 991,
IN THE North-west parts of Charlestown ; and for building
A NEW Parsonage House for the Parish of Saint Philip,
Charlestown ; and for empowering the Vestry and Church-
Wardens OF the said Parish, for the time being, to lay out
part of the Glebe Land of the said Parish, in Lots, and to
LET the same out ON BUILDING LEASES ; AND FOR OTHER PURPOSES
THEREIN MENTIONED.
WHEREAS, the laying out commodious streets on the lands in the
north-west part of Charlestown, commonly called Coming's Point, and Preamble,
parts adjacent thereto, and enlarging the communication between that and
other parts of the said town, by continuing such streets in the manner here-
inafter directed, will be useful and ornamental to the said town, and of
particular benefit and advantage to the proprietors of the said land called
Coming's point, and other lands adjacent thereto, who have, by their peti-
tion to the General Assembly, prayed that the same may be done. We
therefore humbly pray his most sacred Majesty that it may be enacted,
I. And be it enacted, by the Honorable William Bull, lEsquire, Lieuten-
ant-Governor and Commander-in-chief in and over his Majesty's Province Certain streeta
of South Carolina, by and with the advice and consent of his Majesty's '^^*^'^^^^^®*^-
Council, and the Commons House of Assembly of the said Province, and
by the authority of the same. That the proprietors of the land called
Coming's point, and the lands adjacent thereto, shall, at their own expense, ,
and under the inspection of the commissioners of the streets in Charles-
town, within nine months next after the passing of this Act, cause the
several streets delineated and described in the plan hereunto annexed, to be
admeasured and laid out, according to the size, shape, form and dimen-
sions therein represented, and in every respect agreeable thereto ; and that
94 STATUTES AT LARGE
A. D. 1770. ^cig relating to the City of Charleston.
the said streets shall, forever thereafter, be and remain open and public
streets.
II. And whereas, some part of Beaufain-street, as represented in the
Compensation ^^^^ plan, will, by the continuation thereof to the Broad road, intersect
to P. Hinds, and take in several houses, on the lot of Mr. Patrick Hinds, and be other-
wise prejudicial to him ; Be it therefore enacted by the authority aforesaid.
That the said Patrick Hinds, his heirs and assigns, shall have a compensa-
tion and allowance for the damages which he shall sustain by the running
of the said street through his land and houses, to be paid to him by the
owners of all the lands bounding on the said Beaufain-street, according to
the benefit that they severally will receive thereby, (except the glebe land
of the parish of St. Philip, Charlestown, from which great part of several
of the streets are taken, chiefly to accommodate the owners of the other
lands,) to be appraised, on oath, and agreed upon and certified, in writing,
under their hands and seals, by any four indifferent persons, freeholders,
two to be named by the commissioners of the streets, in Charlestown, on
behalf of the owners of the lots of land bounding on the said street, and
two by the said Patrick Hinds, his heirs or assigns ; and if they cannot
agree therein, then they, the said four persons, shall and may choose one
proper person, being a freeholder, as an umpire to decide the same, on
oath, as aforesaid.
III. And be it forther enacted by the authority aforesaid, That as soon
To be raised g^g ^j-^g persons SO to be chosen for appraising and ascertaining the damages
to be done to the said Patrick Hinds, his heirs and assigns, by the con-
tinuation of Beaufain-street to the Broad road, shall have finished the
same, that then the commissioners of the streets shall assess the several
owners of the lands bounding on the said street, according to the benefit
they severally will receive thereby ; and the several persons so assessed by
the commissioners, for the payment of the damages to be done to the said
Patrick Hinds, his heirs and assigns, as aforesaid, shall pay the sum of
money so assessed on them respectively, within three months from the date
of the assessment.
IV. And he it forther enacted by the authority aforesaid. That such part
l,and vested, of the said land, called Coming's point, on which a small part of the west-
ern wing of the new barracks now stands, as appears by the annexed plan,
shall be, and the same is hereby, vested in his Majesty, and his successors,
for the use of the public of this Province ; and that the land belonging to
the public, which, according to the said plan, is included in Coming's-
street, shall be and remain as part of the said street, forever.
V. And he it forther enacted by the authority aforesaid, That when the
Defaulters to commissioners of the streets in Charlestown, or a majority of them, shall
^j._ ^'^ ' have made the assessment on the several owners of the lands bounding on
Beaufain-street, as aforesaid, they shall, within ten days thereafter, give
notice thereof to the person or persons owning or claiming lands as afore-
said ; and if such person or persons shall refuse or neglect, by the space of
three months from the date of such assessment, to pay to the said com-
missioners, or such persons as they, or a majority of them, shall appoint to
< receive the same, their several assessments, as aforesaid made, it shall and
may be lawful to and for the said commissioners, or a majority of them, and
they are hereby obhged and required, to issue a warrant or warrants of
distress, under their hands and seals, directed to any lawful constable of
Charlestown, who is hereby authorized and required to execute the same,
by levying on the goods and chattels of such person and persons as shall
refuse or neglect, as aforesaid, all such sum ^nd sums of money as they
OF SOUTH CAROLINA. 95
Acls relating to the City of Charleston. A. D, 1770.
shall be so respectively assessed, together with the charges of such levying,
which shall, in all respects, be the same as is allowed to constables levying
executions for the general tax, on defaulters, and no more.
VI. And lohereas, by the laying out the streets aforesaid, according to the
annexed plan, a great part of the large and ancient glebe of St. Phihp's ,^^^'^^ ^" '
parish, Charlestown, may be divided and put into lots, which may be leased disposed of.
out to great advantage, for the benefit of the rector or minister for the time
being of the said parish, and for other purposes herein mentioned, and will
still leave a large and commodious piece or parcel of land for the habitation,
use and occupation of the said rector or minister ; and the present rector or
minister, and the present vestry and church-wardens of the said parish, are
desirous the same may be so done ; but inasmuch, as by the laying out the
said streets, the present parsonage will be much confined, and made too
public and inconvenient, which will be remedied by building a new parson-
age house on another part of the said glebe land — Be it therefore enacted by
the authority aforesaid, That from and immediately after the passing of
this Act, the vestry and church-wardens of the said parish of St. Philip,
and their successors in office for the time being, or a majority of them, shall
have power and authority, and they, or a majority of them, are hereby
fully authorized, directed and required, to lay out a piece or parcel of the
said glebe land, not exceeding four acres in quantity, bounding to the south
on Wentworth-street, and to the eastward on St. Philip''s-street, mentioned
in the said plan, and to the north and west on other parts of the said glebe
land, for the building and erecting a new parsonage house, and proper out-
houses, and for the laying out of a garden, orchard and pasturage, for the
habitation, use and occupation of the said rector or minister of the said
parish of St. Philip for the time being ; and that when the said piece or
parcel of the glebe land is so laid out and retained, for the habitation and
use of the said rector or minister, as aforesaid, that then the said vestry and
church-wardens for the time being, -or a majority of them, shall divide and
layout all the remaining parts of the said glebe, (except such part as is
hereinafter particularly specified to be absolutely sold,) into such and so
many lots, pieces or parcels of land, as they, in their discretion, shall think
most proper and advantageous, to be let out by them on written leases, with
reserved rents thereon, for the use of the said rector or minister for the
time being, and such other use as is hereinafter declared concerning the
same, for any term or time not exceeding thirty-one years; and that the
said vestry and church-wardens for the time being, or a majority of them,
shall forever hereafter have full power and authority to make and execute
such lease or leases, with proper covenants, to be inserted therein, for the
better improvement of the said lots of land, with buildings thereon, and for
the more easy recovery of the rents to be reserved by the said lease or
leases, a,nd from time to time, after the expiration of the said leases, to
renew the same ; provided such renewed leases do reserve the same rent,
or a greater rent, not exceeding as much again as the first rent reserved
by the former lease, and do not exceed the said term of thirty-one years,
and so on from time to time, forever hereafter, as such renewed leases
shall expire ; and that on every such renewal of the lease or leases of any
of the said lands, the person or persons, lessee or lessees thereof, do pay a
fine equal to two years rent reserved on such first made lease or leases, as
a further consideration for the renewal of such lease or leases ; and pro-
vided, that in all cases of renewed leases, forever hereafter, the original
lessee or lessees of the said land, and their executors, administrators and
assigns, shall always have the preference of such renewed leases.
96 ' STATUTES AT LARGE
A. D. 1770. Acts relating to the City of Charleston.
VII. And whereas, in resurveying, laying out, and fixing the lines of
Certain lots the said ancient glebe land, belonging to the said parish of St. Phihp,
disposed of. Charlestown, two small pieces, or shps of the same, are thrown to the
westward of one of the new streets lately established, called Coming 's-
street, as more particularly appears by the annexed plan, which said small
pieces or slips of land are thereby so detached from the other parts of the
said glebe land, and are so inconveniently situated, that it is proper to sell
the same absolutely, and to apply the monies arising thereby towards the
expense of building the new parsonage house ; Be it therefore enacted by
the authority aforesaid, That within twelve months after the passing of
this Act, the said vestry and church-wardens of St. Philip's parish for the
time being, or a majority of them, shall have full power and authority to
sell, and they are hereby directed and required to sell, release and convey,
the said two small pieces or slips of land, to any person or persons, and
his, her or their heirs and assigns, forever, who shall be minded to become
a purchaser or purchasers thereof, either at public or private sale, as they
shall think proper, and to apply the monies arising therefrom towards the
building the said new parsonage house.
VIII. But inasmuch as the expense attending the building the said new
Appropriation, parsonage house, and convenient out-houses thereto, will be great, and
y way o oan. cannot be gone into without the aid and assistance of the General Assem-
bly, usually given and lent for such parochial services, Be it therefore
enacted by the authority aforesaid. That over and besides the monies
which may arise by sale of the small slips or pieces of the glebe land
hereinbefore directed to be sold, that the public treasurer do advance and
pay, by way of loan, to the said vestry and church-wardens of St. Phihp's
parish, out of any pubhc monies laying in the treasury, the sum of four
thousand pounds currency, to compleat and finish the said parish buildings.
IX. And as a security for the repayment of the said sum so to be lent
Provision for (without interest) to the said parish,/;^?* hereby enacted^ That the neat
rents arising from the old parsonage house, and a convenient lot of land
appurtenant thereto, to be let out by the said vestry and church-wardens,
in manner as aforesaid, shall be annually paid into the public treasury,
until the said loan shall be fully satisfied.
X. And it is further enacted, That the said old parsonage house, and lot
of land appurtenant thereto, so to be letten out, shall stand and remain as
a security for the repayment of the said loan, and subject to be absolutely
sold for that purpose, in such way and manner as the General Assembly
shall think fit to order and direct concerning the same, in case of failure
in payment of the said loan, in a reasonable and proper time.
XI. Provided always, and be it hereby further enacted, That whenever
Disposal of the reserved rents of the said glebe lots shall amount to upwards of the
overplus funds, gjjj^^ of three hundred pounds, lawful money of Great Britain, or the value
thereof, the overplus monies or rents, exceeding that sum, shall be paid
and applied towards the relief of the poor of the parishes of St. Philip and
St. Michael, Charlestown, in the same way and manner as other poor rates
are applied, and to and for no other use, intent or purpose whatsoever;
any law, statute or usage, to the contrary notwithstanding.
P. MANIGAULT, Sj^eaher.
In the Council Chamber, the 1th day of April, 1770.
Assented to: WILLIAM BULL.
[Map omitted.]
OF SOUTH CAROLINA.
Acts relating to the City of Charleston.
AN ACT TO l^x■ORPORATE Charleston. No. 1191.
WHEREAS, from the extent and population of Charlestown, its grow-
ing importance, both with respect to increase of inhabitants and an exten,eive Preamble,
commerce with foreign nations, it is indispensably necessary that many re-
gulations should be made for the preservation of peace and good order with-
in the same : and whereas, from the many weighty and important matters
that occupy the attention of the Legislature at their general meeting, it has
hitherto been found impracticable, and probably may hereafter become more
so, for them to devise, consider, deliberate on, and determine, all such laws
and regulations, as emergencies, or the last local circumstances of the said
Town, may from time to time require :
\. Therefore be it enacted, by the Honorable the Senate and House of Re-
presentatives, and by the authority of the same« That from and inmnediate- Charleston in-
ly after the passing of this Act, all persons, citizens of the United States, '■?'P"rfite(l, and
and residing one year within the said Town, or having had a freehold one '^vj^^ds'.
year within the same, shall be deemed, and they are hereby declared to be,
a body politic and corporate ; and t!ie said Town shall hereafter be called
and known by the name of the City of Charleston, and shall be divided into
the following wards, viz : number one, from Wilkin's Fort, east side of
Church street, to the south side of Tradd street, easterly to the Bav :
number two, north side of Tradd street to the south side of Queen street,
easterly: number three, from the north side of Queen street to the south
side of Ellery street, easterly : number four, north side of Ellery street up
to Meeting street, and along the same to the west end of Quince street, and
along Quince street through Anson street to Boundary street, easterly :
number five, south end of King street to the south side of Tradd street,
easterly to Church street : number six, from Tradd street along King street,
to the south side of Broad to Church street, easterly : number seven, north
side of Broad street along King street to the south side of Queen street,
easterly to Church street : number eight, north side of Queen street along
King street, south of Hazell street, easterly to join the ward nun)ber three :
number nine, from Hazell street along King street to Boundary street, and
to join the ward number four, easterly : number ten, south end of Legare
street, including the west end of Tradd street, easterly to King street : num-
ber eleven, north side of Tradd street to the west end of Broad street, eas-
terly to King street : number twelve, north side of Broad street to the west
end of Ellery street, easterly to King street: number thirteen, north side
of Ellery street, west, to Boundary street, easterly to King street.
H. And be itfurther enacted by the authority aforesaid, That the ehiuxh
wardens of the Parish of Saint Philip and Saint Michael, shall, within one Election of
month after passing this Act, give ten days public notice that wardens are wardens, how
to be chosen for each ward, whose qualification shall be the same as that for '° ^ ^^ '
a member of the House of Representatives, and that all free white persons
residing in each ward, being citizens of this State, who were taxed three
shillings sterling the preceding year, or are taxed three shillings sterling in
the present year, towards the support of the government of this State, shall
be entitled to vote for a warden for their respective ward ; and they shall al-
so notify the time and place when and where the election is to be held in
each ward, and appoint proper persons for managing and conducting the
same ; and the said persons, after the election is closed, shall make a return
to the church wardens of the persons chosen wardens of the respective
wards, and the said church wardens shall give tiotice to the several persons
VOL. vn.-^i3.
98 STATUTES AT LARGE
A. D. 1783. jlcts r dating to the City of Charleston.
of their appointment, respectively, and summon them to meet together, at
any time and place, within two days after their election, for the purpose of
taking the oaths of qualitication, allegiance and office, prescribed by law ;
which oaths may be administered by any one warden to the other ; provided,
seven shall be present at the time of administering the same.
III. And he it further enacted by the authority aforesaid, That when seven
Intpndaiit, how or more of the said wardens shall have met and qualified as aforesaid, they
to be elefted. shall, within ten days after such their quahfication, give seven days public
notice that an intendant of the City is to be chosen from among the wardens,
and that a general election will be held for the purpose by proper persons, to
be appointed at the time mentioned, under the Exchange of the said City,
and that all persons qualified to vote for wardens in their respective wards,
may attend and vote for such intendant ; and when such intendant shall be
chosen, he shall take the oaths of quahfication, allegiance and office, pre-
scribed by law, in the presence of the wardens : after which he may qualify
such wardens as were not before qualified, issue a summons to the ward
whose warden was chosen intendant, or to any other ward where there is
a vacancy, to choose another warden for filling up such vacancy, appointing
the time when and place where the election is to be held, and proper persons
for managing and conducting the same.
IV. And be it further enacted by the authority aforesaid. That the said
tiero7ch ' "^^^'^^^^^ shall and may, as often as occasion shall require, summons the
Council. wardens to meet together in city council, any nine of whom to be a quorum,
who, with the intendant, shall be known by the name of, and they are here-
by declared to be, the Citt/ Council of Charleston ; and they, and their suc-
cessors hereafter to be appointed, shall have a common seal, and shall be ca-
pable in law to purchase, have, hold, receive, enjoy, possess and retain, to
them and their successors, for the use of the city of Charleston, in perpe-
tuity or for any term of years, any estate or estates, real or personal, mes-
suages, lands, tenements or hereditaments, of what kind or nature soever,
within the limits of the said city and the parish of St. Philip, and to
sell, alien, exchange or lease the same, or any part thereof, as they shall
think proper; and by the same name to sue and be sued, implead and
be impleaded, answer and be answered unto, in any court of law or equity
in this State ; and they shall also be vested with full power and authority,
from time to time, under their common seal, to make and establish such
bye-laws, rules and ordinances, respecting the harbour, streets, lanes,
pubUc buildings, work houses, markets, wharves, public houses, car-
riages, wagons, carts, drays, pumps, buckets, fire engines, the care of
the poor, the regulation of seamen or disorderly people, negroes, and
in general, every other bye-law or regulation that shall appear to them
requisite and necessary for the security, welfare and conveniency of the
said city, or for preserving peace, order and good government within
the same ; and they shall also be vested with all the powers and authorities
which by law are vested in the commissioners of the streets, commissioners
of the markets, of the work house, fire-masters, and commissioners of the
pilotage ; and they may take such effectual measures for carrying into exe-
cution all laws now in force respecting the said city and harbour, as to them
shall appear expedient and necessary ; and the said city council shall also be
vested with full power and authority to make such assessments on the inhab-
itants of Charleston, or those who hold taxable property Avithin the same,
for the safety, convenience, benefit and advantage of the said city, as shall
appear to them expedient ; and to affix and levy fines for all offencas com-
mitted against the bye-laws of the said city ; and to recover all such penal-
OF SOUTH CAROLINA. 99
^ Acts relating to the City of Charleston. A. D. 1783.
ties as may be incurred under any law or laws now existing respecting the
said city; and they are hereby also authorized to appoint a Recorder, treasu-
rer, clerk, coroner, harbor master, fire masters, constables, and all such
other otficers (affixing their salaries, and fees of such officers, respectively,)
as shall appear to them requisite and necessary for carrying into efiectual
execution all bye-laws, rules and ordinances they may make for the good
order and government of the said city, and the persons residing within the
same ; j^'/'ovided, always, that nothing herein contained shall authorize
the city council to lay a duty of more than three pence per ton on any
shipping in the harbour ; nor shall they make any bye-laws repugnant to
the laws of the land, or inconsistent with treaties made with foreign na-
tions; Siud provided, also, that all the bye-laws, rules and ordinances they
may make, shall at all times be subject to the revisal, alteration or repeal
of the Legislature.
V. And be it Juriker enacted by the authority aforesaid, That the fee
simple of the following public lands and buildings within the said city, viz : certain lands
the lands appropriated for the Exchange, the beef market, the lower market, vested in the
the fish market, the market at the western end of Broad street, with the'^'^y council,
buildings respectively thereon, and the lands and appurtenances belonging
thereto ; the marsh lands appropriated by law for a common ; the lands
bounded by Queen street, Magazine street, Backstreet, and Mazyck street,
(except two hundred feet square at the north-west corner thereof, reserved
for a gaol;) such part of the negro burial ground as is public property ; the
lands on which the horn-work, at the north part of the city, is situate, and
the public lands near the same, purchased of the Wragg and Manigault fami-
ly ; any vacant low water lots fronting any of the streets ; shall be vested in
the said city council and their successors, for the use and advantage of the
said city, to be leased, sold, improved on, or otherwise disposed of, as to the
said city council shall appear most conducive to the welfare and advantage
of the said city, and the inhabitants thereof. And all fines and forfeitures
for offences committed within the said city, against any of the bye-laws of
the same, shall be sued for by the Recorder, and lodged with the treasurer
of the said city, to be at the disposal of the city council, for the use and
advantage of the said city.
VL And he it further enacted hy the authority aforesaid. That in case
of tumults or riot, or appearance or probability of tumult or riot, in the said 1" ^^^^ of not,
city, the intendant shall immediately summons together the city council, and done,
order the constables and other city officers to attend the city council, and
such measures shall thereupon be taken as shall appear most advisable for
preventing or suppressing such riot or tumult ; and if any city officer shall
neglect or refiise to obey the order for attendance from the intendant, he
shall forfeit a sum not exceeding ten pounds sterling for every such offence ;
and any other inhabitant refusing to obey the orders of the intendant, for
the purposes of suppressing any riot or tumult, he shall forfeit a sum not
exceeding five pounds sterling for every such refusal.
Vn. And be it firtJier enacted by the authority aforesaid. That the said
wardens shall each of them have full power and authority, and they are Powers and
hereby required, to keep peace and good order in the respective wards, to ^"'^'^1^^° *^^
issue warrants and cause all offenders against law to be brought before them,
and on examination either to release, admit to bail, if the offence be baila-
ble, or committed to the custody of the sheriff of Charleston district, who
is hereby required and commanded to receive the same, and the same to
keep in safe custody until discharged by due course of law ; and the said
STATUTES AT LARGE
Acts relating to the City of Charleston.
wardens, or any three of them, shall, in rotation, meet twice a week, or of-
tener if occasion require, in the city hall, over the Exchange, to hear and
determine all small and mean causes, agreeable to the directions of the Act
of the General Assembly, and all other matters of complaint arising within
the said city ; and each and every of the said wardens for the time being,
shall be vested with all the powers and authorities that justices of the peace
are vested with by the laws of this State, and shall and may exercise the
same in every part of the said city, for the preservation of peace and good
order thereof.
VIII. And he it further enacted by the authority aforesaid. That on the
Election of fjj.gt Monday in September, one thousand seven hundred and eighty-four,
waitejis. ^^^ ^^ ^j^^ ■■^^^^ Monday in September every year thereafter, there shall be
an election of wardens for each ward , and the intendant for the time be-
inp- shall give at least ten days notice of such election, appoint a place
for holding it in each ward, and proper persons for managing and conduct-
ing the same ; and the persons so chosen may take the oaths of qualifica-
tion, allegiance and office, before the intendant for the time being, after
which they shall be fully qualified to act as wardens, or sit as members
of the city council ; but after a new election of wardens, none of the for-
mer wardens shall sit as members of the city council, unless they have been
re-elected.
IX. And he it further enacted by the authority aforesaid , That on the
second Monday in September, one thousand seven hundred and eighty-four,
tendant" "' "'and on every Monday in September thereafter, an intendant shall be cho-
sen from among the wardens, by the inhabitants of all the wards, at the
city hall, over the Exchange, or at such other place as the intendant for
the time being shall think proper, who shall give ten days notice of such
election, and appoint proper persons for conducting the same ; and the per-
son so chosen shall take the oath of qualification in the presence of the
wardens, until which the former intendant shall continue to act ; but no per-
son shall be eligible to serve as an intendant for more than three years in
any term of five years.
X. And he it further enacted by the authority aforesaid. That in case of
Vacancie.*, ^^^ death of the intendant, his resignation, removal from office, or absence
hpw to be filled, from the State, the wardens shall thereupon appoint a time for choosing ano-
ther, and give ten days public notice of the same ; and incase of vacancy in
any of the wards, by death or otherwise, the intendant shall issue a sum-
mons to the ward for filling iq> such vacancy, giving five days notice of the
same. And if any person, on being elected intendant, shall refuse to act,
he shall forfeit and pay to the treasurer of the city, for the use of the same,
the sum of thirty pounds sterling. And if any person, on being elected
warden, shall refuse to act, he shall also pay to the treasurer of the city
Penalty for re- the sum of twenty pounds sterling ; provided, that no person who has at-
fusjng to serve, tained the age of fifty years shall be compelled to serve in either of the
pract'ice iiT ' ^^^^ otfices, nor shall any other person be obliged to serve more than one
office. year in any term of seven years. And in case the intendant or any of the
wardens, whilst in office, shall be guilty of any wilful neglect, mal-practices
or abuses, on information being filed of the same, at the Court of General
Sessions, and conviction thereof, he shall forfeit and pay a sum not ex-
ceeding two hundred pounds sterling for every such Mdlful neglect, mal-
practice or abuse, the money to be recovered by the recorder, and lodged
with the city treasurer, for the use and benefit of the said city.
XI. And be rt further enacted by the authority aforesaid, That if any
OF SOUTH CAROLINA.
Acts relating to the City of Charlestmi.
person shall be sued for any thing done by virtue of this Act, he may plead
the general issue and give this Act and the special matter in evidence.
In the Senate, the thirteenth day of August, in the year one thousand seven hundred
and eighty-three,
JOHN LLOYD, President of the Senate.
HUGH RUTLEDGE, Speaker of the House of Representatives,
AN ACT TO EXPLAIN AND AMEND AN AcT ENTITLED " An AcT TO No. 1228.
incorporate charleston ;" and to enlarge the powers of the
City Council.
WHEREAS, doubts have arisen respecting an Act entitled " An Act
to incorporate Charleston,'" so far as regulates the power of the council ^^^^ ^'
of wardens to commit for penalties and forfeitures, incurred by virtue of
the bye-laws of the said corporation.
L £e it therefore enacted by the Honorable the Senate and House of
Representatives, and by the authority of the same^, That the said Court Court of war-
of wardens ought, and they are hereby fully authorized and empower- ''^"^ ^"'^^"'■'".
i "^ t , zgq to cuixiimt
ed, from time to time, to commit to close prison all such person and &c. '
persons who shall incur any penalties and forfeitures intended to be in-
flicted by any of the bye-laws of the said corporation, passed conforma-
ble to the powers vested in them by the said Act of incorporation.
H. JBe it further enacted by the authority aforesaid. That the said cor-
poration shall be, and they are hereby, fully authorized and empowered , ^^-gg*^^ '
from time to time, to erect, and proceed to the drawing, and finally to con-
clude, any lottery or lotteries, that they may think necessary to establish
for the use and benefit of the city of Charleston.
HL And he it further enacted by the authority aforessid. That the city
council of Charleston be, and they are hereby, vested with full power ^^^.^ regulate
and authority to regulate, from time to time, the price and assize of bread,
bread.
IV. And he it further enacted by the authority aforesaid. That the
city council of Charleston be invested with all the powers and authori- Their powers
ties which by any Act or Acts of the General Assembly were former- ^j^^° and ^h^
ly vested in the commissioners of fortifications, so far as the same relate wharves,
to the pulling down or removing any building or other erection on any
of the wharves, or within fifty feet of the curtain line on the Bay of
Charleston.
V. And he it further enacted by the authority aforesaid. That the city
council shall have power and authority to permit the owners or occu-
piers of wharves to construct ware-houses, cellars or arches, along the
said curtain line, of such dimensions as shall be approved of by the said
city council, so as the same be not more than six feet in height, or
thirty feet wide, and that the whole be of one uniform construction ; and
to make such other regulations for the benefit of the owners of the said
wharves, and the health and convenience of the city, from time to time, as
shall appear proper and convenient.
102 STATUTES^AT LARGE
A, D. 1785. Jicfs relating to the Cityj)f Charleston.
Jurisdiction in
VI. And he it further enacted by the authority aforesaid, That from
matters oVdebt '^^^ after the passing of this Act, it shall and may be lawful for the in-
not exceeding tendant and wardens of the corporation of Charleston, or any one of them,
upon complaint made by petition from the seamen, for the non payment
of their wages, or by any other person for the non-payment of any debt
or sum of money, or of any damage, not exceeding twenty pounds, by
whatever means, for any cause, matter or thing, the said debt or sum of
money became due, or the damages were sustained, except when the titles
of lands may come in question, to issue a warrant directed to any one of
the constables, to summon the defendant, and^ all witnesses required by
either party, to appear at the court of wardens, on such a day as shall be
therein appointed; which summons, with a true copy of the petition
annexed, shall be served ten days on the defendant before the sitting of
the said court.
VII. A7ul be it further enacted by the authority aforesaid. That the
court of wardens shall and may have, hold and exercise the same powers
and authorities therein respectively, touching all matters within the limits
of their jurisdiction, and which do not exceed in value twenty pounds,
except when the title of lands may come in question, as the Judges of
the Court of Common Pleas or Admiralty have, hold or do exercise in
their several jurisdictions ; and that the said court of wardens shall be a
court of record, and all persons necessarily going to, attending on, or return-
ing from, the same, shall be free from arrests in any civil action.
In'the Senate House, the twenty-sixth day of March, in the year of our Lord one thou-
sand seven hundred and eighty-four, and in the eighth year of the Independence of
the United States of America.
JOHN LLOYD, President of the Senate.
H. RUTLEDGE, Sj^eaker of the House of Representatives.
No. 1297. AN ACT to explain and amend the "Act for Incorporating the
City of Charleston, and enlarging the powers of the City
Council ;" and to prevent a clashing of jurisdiction within
THE same.
WHEREAS, many Acts of the Legislature, respecting the internal
government and police of Charleston, before it was incorporated, remain
unrepealed, and Ordinances for the same purposes have been framed by
the Cit}^ Council, by which means a clashing of jurisdiction may arise
between the State magistrates and the City officers, as there may be a
doubt whether both have not equal power to act under each ; in order to
obviate any difficulties on such occasions,
I. Be it enacted, by the Honorable the Senate and House of Represen-
tatives, and by the authority of the same, That from and immediately
after the passing of this Act, all such Acts of the Legislature shall be, and
they are hereby, repealed.
II. And whereas, no provision is made in case of the sickness, tempo-
rary absence, or other occasion of non-attendance of the Intendant, Be it
OF SOUTH CAROLINA. 103
Acts relating to the City of Charleston. A. D. 1787.
enacted by the authority aforesaid, That the city council shall be empow-
ered to elect one of the Wardens to act in his room on any such occasion.
In the Senate House, the twelfth day of October, in the year of our Lord one thousand
seven hundred and eighty-five, and in the tenth year of the Independence of the
United States of America.
JOHN LLOYD, President of the Senate.
JOHN FAUCHEREAUD GRIMKE, Speaker of the House of
Representatives.
AN ACT TO AUTHORIZE COMMISSIONERS FOR CONTINUING EasT BaY- No. 1359.
STREET TO AsiILEY RIVER, TO MAKE A NEW ASSESSMENT FOR COM-
PLEATING THE SAME ; AND TO REPEAL SUCH CLAUSES OF THE HIGH-
ROAD Act, passed the twe?<.ty-second day of March, one thou-
sand SEVEN hundred AND EIGHTY-FIVE, AS RELATE TO THE SAID
STREET.
WHEREAS, it is found necessary to alter the mode of assessment for
the continuance of East Bay-street to Ashley river.
L Be it therefore enacted, by the Honorable the Senate and House pf
Representatives, now met and sitting in General Assembly, and by the ^ggggg^gj^^
authority of the same, That the expense of making and compleating East how to be
Bay-street, continued, from the wall of Granville's bastion to Ashley river, ^ade.
shall be borne by the owners and proprietors of lands adjoining and con-
tiguous thereto ; and that the commissioners formerly appointed, or such
others as the city council may appoint, be, and they, or a majority of
them, are hereby authorized and impowered, to assess the owners and pro-
prietors of lands hereafter mentioned, for the expences aforesaid, as well
those already incurred as those to be incurred, in the following manner,
that is to say, the owners and proprietors of all lands from the wall of Mr.
Sommers's lot, at the corner of East Bay-street, in a line to Ashley river,
and the owners of lots in StolPs alley, that front on the canal leading from
the flood gate, as far as Young's bridge, and of all lands within the flood
gate , shall pay a twenty fold proportion ; and the proprietors of lands on
the east side of Church-street continued, from Young's bridge to the end
of Broughton's battery, in an eighth fold proportion, more than the other
owners of lands to be assessed, (viz :) the owners and proprietors of lands
on the west side of Church-street continued, from Mr. Young's house to
the end of Broughton's battery, both inclusive, or when the remainder of
such assessment shall be made.
n. And be it further enacted by the authority aforesaid, That the com-
missioners, in making such assessment, shall have relation to the value ofjjQ^^^jjj
each lot within the aforesaid limits, according to the assessment of the collected,
collectors of the general tax for the year one thousand seVen hundred and
eighty-six ; and that after such assessment is made, the same shall be de-
livered over to the city treasurer, who is hereby authorized and required
to collect the same ; and in default of payment, to issue executions against
defaulters.
104
A. D. 1788.
STATUTES AT LARGE
Acts relating to the City of Charleston.
III. A7id he it further enacted by the authority aforesaid, That the com-
missioners formerly appointed shall be, and they are hereby, indemniiied
from any prosecutions or suits, for or on account of any contracts which
they may have entered into, by virtue of their former appointment, until
six months after the present assessment shall be made and compleated.
IV. And be it further enacted by the authority aforesaid. That the
twenty-eighth clause of an Act of the General Assembly, passed the
twenty-second day of March, one thousand seven hundred and eighty-five,
entitled "An Act for keeping in repair the several high roads and bridges
throughout the State, be, and the same is hereby, repealed.
In the Senate Housp, 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 Rome of Representatives.
No. 1412. AN ACT to amend an Act entitled "An Act to authorize Com-
MISSIONEKS FOR CONTINUING EaST BaY-STREET TO AsHLEY RIVER, TO
MAKE A NEW ASSESSMENT FOR COMPLEATING THE SAME ; AND TO RE-
PEAL 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.''
Preamble.
Comrs. to
account.
Assessment,
how to be
made.
WHEREAS, the commissioners appointed by the city council to make
an assessment for the discharge of the expenses attending the compleating
of East Bay-street, have not hitherto performed the duties directed by the
Act of Assembly, passed the twenty-seventh day of March, one thousand
seven hundred and eighty-seven, relative to East Bay-street :
I. Be it therefore enacted, by the Honorable the Senate and House of
Representatives, now met in General Assembly, and by the authority of
the same, That within one month from the passing of this Act, that the
said commissioners, appointed by the city council, for carrying the Acts of
the Legislature into execution, respecting East Bay-street, shall make up,
and lay before the city council, a fair and just statement of their receipts
and expenditures, in the carrying into efiect such Acts ; and in default
thereof, such commissioners shall be liable to any action or suit, by any
person or persons to whom such commissioners may stand indebted for
materials furnished or work done to East Bay-street, and shall be subject
to advance, out of their private fortunes, such damages as shall be recover-
ed of them, by the verdict of a jury.
II. And he it further enacted by the authority aforesaid. That the com-
missioners appointed by the city council, and the survivors or survivor of
them, or any other commissioners who may be appointed, or the survivors
or survivor of them, shall make out the assessment within six months after
the passing of this Act, for defraying the expenses incurred, and to be
incurred, by the making and compleating of the said East Bay-street, under
OF SOUTH CAROLINA.
Acts relating to the City of Charleston.
the penalty of being liable to an action, and to the payment of such dam-
ages as shall be assessed by the verdict of a jury, to any person or persons
who shall have supplied materials or done any work to the said street,
and who have not as yet been paid for such materials or work ; which
assessment shall be made on the several owners and proprietors of lands
hereafter mentioned, according to the breadth of their respective lots, at
the following rates, in four different classes, (viz.) First class to consist of
the owners of lands from the wall of Mr. Sommer's lot, at the corner of
East Bay-street, in a Une to Ashley river ; second class, the owners of
lots on StolFs alley, that front on the canal or Water-street leading from
the flood gate, that join the canal, or are washed by the tide ; third class,
the owners of lots on the east side of Church-street continued, from
Young's bridge to the end of Broughton's battery, including those in
Lynch's lane, who do not join the canal ; fourth class, the owners of lots
on the west side of Church-street continued, from Mr. Young's house to
the end of Broughton's battery, both inclusive; and that the rates of
assessment be as follows, (viz.) the first class to pay at the rate of twenty
shillings per foot ; second class, at the rate of twelve shillings per foot ;
third class, at the rate of live shillings per foot ; fourth class, at the rate
of four shilhngs per foot; and so in proportion, more or less, as the expenses
of compleating the said work may require.
In the Senate House, the twenty-ninth day of February, in the year of our Lord one
thousand seven hundred and eighty-eight, and in the twelfth 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 Representatives.
AN ACT TO AUTHORIZE THE COMMISSIONERS FOR CONTINUING EaST No. 1442.
Bay STREET to Ashley River, to make a new Assessjient 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 BrIDOES THROUGHOUT THIS
State ;" and an Act of the General Assembly, passed the
TWENTY-SEVENTH 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, to make a new assessment for completing
THE SAME."
WHEREAS, it is found necessary to alter the mode of assessment for
continuing East Bay street to Ashley River.
L jBe it enacted by the Honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and bv the authority
VOL. Vn.— 14.
106 STATUTES AT LARGE
A D.1789. j\^(.fg relating to the City of Charleston.
of the same ; That East Bay street, for the present, shall be continued
from the wall of Granville ''s Bastion to Ashley River, thirty feet v^^ide ; and
that the remaining part of the land laid out for the said street be, and is
hereby, vested in the corporation of the city of Charleston, for the sole
purpose of completing the said street to the full width of East Bay street
as it now is.
II. And be it Jurther enacted by the authority aforesaid, That the ex-
Expense, how pense of making and completing of East Bay street, from the wall of
to be assessed. Qj.g^jjyjjjgig Bastion to Ashley River, thirty feet wide, shall be borne and
paid by the owners of lands adjoining and contiguous thereto ; and that
the commissioners formerly appointed, or such others as the city council
may appoint, be, and they, or a majority of them, are hereby authorized
and empowered to, assess the owners and proprietors of the lands hereafter
mentioned, for the expenses aforesaid, as well those already incurred
as those to be incurred, in the following manner, that is to say: — The
owners and proprietors of all lands from the wall of Mr. Somers's lot, at
the corner of East Bay street, in a line to Ashley River, at forty shillings
per foot front; and the owners of lots on Stoll's alley ,'^that front on; the
Canal leading from the Flood-gate to Young's Bridge, and all the lands
within the Flood-gate, shall pay twenty-four shillings per foot; and the
owners of lots on the East side of Church street continued, from Mr.
Young's Bridge to where formerly stood Broughton's Battery, inclusive,
shall pay at the rate of sixteen shillings per foot ; and the owners of all
lands on the west side of Church street continued, from Mr. Young's
house, inclusive, to Ashley River, shall pay at the rate of twelve shillings
per foot ; Provided nevertheless, that any owner or proprietor of lands
fronting on the said street, who shall, within six months after the passing
of this Act, make and complete the street in front of his, her or their land
respectively, of the same dimentions with other parts of the said street,
and approved by the commissioners for completing the said street, shall be
exempted from any assessment for any part of the expense incurred or to
be incurred for making and completing East Bay street as aforesaid.
III. And he it further enacted by the authority aforesaid. That the com-
Commissioners niissioners formerly appointed shall be, and they are hereby, indemnified
from any prosecutions or suits for or on account of any contracts which
they may have entered into by virtue of their former appointment, until
six months after the present assessment shall be made and completed.
IV. And he it further enacted by the authority aforesaid. That the
Repealing twenty-eighth clause of an Act of the General Assembly, passed the
clause. 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 seve-
ral high roads and bridges throughout the State ;" and " An Act to authorize
the commissioners for continuing East Bay street to Ashley River, to
make a new assessment for completing the same," passed the twenty-seventh
day of March, in the year of our Lord one thousand seven hundred and
eigh ty -seven , be, and the same are hereby, repealed.
In the Sennte House, the seventh day of March, in the year of our Lord one thousand
seven luuidred and eighty-nine, and in the thirteenth year of the Independence of
the United States of America.
D. DE SAUSSURE, President of the Senate.
JACOB READ, Speaker of the House of Rej)resentatives.
OF SOUTH CAROLINA. 107
Acts relating to the City of Charleston. A. D. 1791.
AN ACT TO ASCERTAIN THE JURISDICTION OF THE CoURT OF WaRDENS No. 1502.
OF THE City of Charleston, in the cases therein mentioned.
rreamble.
WHEREAS, the Intendant and Wardens of the city of Charlcsion
have, by their memorial to the Legislature of this State, enumerated seve-
ral cases, wherein doubts have arisen respecting the extent of the juris-
diction of the Court of Wardens, and in their said memorial did pray that
their jurisdiction might be so clearly defined that they might know the
actual extent thereof :
L Be it therefore enacted by the Honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the Ji>«"is<Hction as
authority of the same. That where any debt, not exceeding twenty pounds, ^° ' ^ ^^'
is contracted out of the city, or any damage (not affecting the rights of
freehold) is CQmmitted out of the limits thereof, and the party contracting
such debt, or committing such damage, is found within the city, that the
court of wardens shall be, and they are hereby, invested with power and
jurisdiction to take cognizance of the same, in as ample a manner as if
the debt had been contracted, or as if the damage had been done, within
the limits thereof.
H. And he it further enacted by the authority aforesaid , That the said
court of wardens shall and may, and they are hereby authorized and im- M»y.'ss"ecom-
powered, on the application of any person or persons interested in any gxamine
suit depending in the said court, to grant a commission, to be directed to witnesses.
one or two commissioners, impowering them to examine and cross examine,
on oath or solemn affirmation, the witnesses mentioned in the said com-
mission, who reside without the limits of the city ; and the testimony of
the witnesses so examined shall be as valid as if the same were taken in
open court ; provided^ that the person or persons making such application,
shall give to the plaintiff or defendant, (as the case may be) six days
notice of such application; and if any person mentioned as a witness in
such commission shall refuse to give testimony, to the best of his or her
knowledge, on oath or solemn affirmation, before the said commissioner or
commissioners, on being summoned, every person so refusing, if he shall
reside and be in the election district of the commissioner summoning him,
at the time when summoned, shall be liable to a fine of twenty pounds, to
be recovered by the party aggrieved, in any court of record within the
State.
HL And whereas^ advantages may arise, by enforcing in a summary
manner the performance of contracts on short credits, if the court of In case of sev-
wardens were invested with power to take cognizance, by separate processes, ^j^'^ijjg'^™^"^'!^^^.
of all cases where several bonds, notes, or other evidences of debt, due by one creditor.
one debtor, are in or come to the hands of the same creditor, and which
bonds, notes, and other evidences of debt, amount, in the whole, to more
than twenty pounds, though each, seperately, is under that sum ; J5e it
therefore enacted by the authority aforesaid. That where the same creditor
is possessed of divers bonds, notes and other evidences of debt, due from
the same debtor, and which said bonds, notes and other evidences of debt,
amount, in the whole, to more than twenty pounds, though each separately
is under that sum, it shall and may be lawful for the court of wardens, on
application made by petition, to issue separate processes, and enter up
separate judgments, and issue separate executions, on each of the said
bonds, notes and other evidences of debt, as if each of them had been in
distinct hands; provided each process, judgment and execution, shall not
108 STATUTES AT LARGE
A. D. 1792. Acts relating to the City of Charleston.
exceed twenty pounds ; and provided, all the demands which the same
plaintiff appear to have against the same defendant, if" they do not together
exceed twenty pounds, shall be blended in the same process, to prevent
spliting of actions.
IV. And whereas, it has been doubted whether the counsellors, attornies.
Counsellors solicitors and clerks, of the superior courts, are amenable to the court of
attornies, &c. wardens, in causes within their jurisdiction ; Bent therefore enacted aiid
declared by the authority aforesaid, That as in a free republic the citizens
ought to be entitled to equal liberties and equal privileges, so no set of men
are exempt from the process of any court, within the limits of its jurisdic-
tion , without such exemption is expressly granted by the constitution ;
any law, usage or custom, to the contrary thereof in any wise notwith-
standing.
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 Represeatatives
No. 1545. AN ACT to grant a further time to the owners of Wharves
IN Charleston, and other persons having wooden bx:ildings
thereon, i:SED AS StORES ONLY, TO PULL THE SAME DOWN.
WHEREAS, it has been represented to the Legislature, by a number
of owners of wharves in Charleston, that a compliance with the Act of
the General Assembly of the State aforesaid, passed the twenty-seventh
day of March, in the year of our Lord one thousand seven hundred and
eighty-seven, requiring all wooden buildings thereon erected, to be taken
down within a certain time therein mentioned, would operate to the injury
of individuals, and tend also to great public inconvenience, by lessening
the number of stores necessary for the produce of this country :
I. Be it therefore enacted, by the Honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That all owners of wharves in Charleston, and other
persons having wooden buildings thereon, and not [used] as dwelling houses,
shall, for the reasons aforesaid, be allowed a further time, until the first
day of August, one thousand seven hundred and ninety-six, to pull down
and remove the same.
II. And be it further enacted by' the authority aforesaid," That no owner
or other person, having such building or buildings, used as stores only, and
not as dwelling houses, shall be subject or liable to the penalty imposed in
and by the aforesaid Act, imtil after the expiration of the time herein
before limited ; any law, usage or custom, to the contrary notwithstanding.
Jn 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 seventeenth year of the Independence
of tlie United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaher of the House of Representotives.
OF SOUTH CAROLINA.
Acts relating to the City of Charleston.
AN ACT TO VEST THE CiTY CoUNCIL OF CHARLESTON WITH CERTAIN No. 1619.
POWERS THEREIN MENTIONED.
I. Be it enacted, by the Senate and House of Representatives, now
sitting in General Assembly, and by the authority of the same. That the
city council of Charleston shall be," and they are hereby, vested with full
power and authority to take up and confine to labor, (if they are capable
thereof,) all strolling beggars, found strolling and begging about the city
of Charleston, and to make such rules and ordinances for the due regula-
tion of such persons, as they shall see fit.
II. And be it further enacted hyihe SiViihoxiiy aforesaid. That the city
council of Charleston shall be, and they are hereby, vested with full power
and authority to elect the commissioner or commissioners of roads, for
the parishes of St. Michael's and St. Philip's, in all cases of vacancies that
shall hereafter happen ; any law, usage or custom, to the contrary in any
wise notwithstanding; and such commissioner or commissioners so elected,
shall be vested with the same authority, and subject to the same duties
and penalties, as commissioners of roads heretofore have been.
Ill the Senate House, the nineteenth day of December, in the year of our Lord one thousand
seven hundred and ninety-five, and in 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 Rejyresentatives.
AN ACT TO COMPLETE East Bay-street, in Charleston; and for No. 1629.
OTHER purposes THEREIN MENTIONED.
WHEREAS, difficulties have arisen in completing East Bay-street,
from the want of concert among the proprietors of the land to be'benefitted Preamble,
thereby ; in remedy whereof, and to enable the City Council of Charles-
ton to compleat the said street, agreeably to the plan last adopted by them:
I. Be it enacted, by the Honorable the Senate and House of Represen-
tatives, now met and sitting in General Assemblv, and by the authority of Assessors to
the same, That it shall and may be lawful for the city council of Charles- be appointed.
ton, and they are hereby required, to nominate and appoint three good
and disinterested freeholders to act as commissioners, who shall, and they
are hereby authorized to, assess on each lot or parcel of land, to be bene-
fitted by the completion of East Bay-street, a sum of money proportionate
to the benefit likely to be received by such lot oifparcel of land, from the
completion of the said street.
II. And be it further enacted by the authority aforesaid, That the city
council shall, and they are hereby required to, collect from the proprietors Assessment,
of the land likely to be benefitted by the completion of the said street, all how to be
such sums of money as shall be assessed by the commissioners appointed '^° ^^"^
by virtue of this Act, within six months after such assessment, in such
manner, and under such penalties, as city taxes now are or hereafter may
be collected ; provided always nevertheless, ^that it shall notj^be lawful for
the commissioners appointed by this Act to assess on the proprietors of
STATUTES AT LARGE
Acts relating to the City of Charleston.
the said land, any other or greater sums of money than may be necessary,
with the other funds provided for that purpose, to complete the said street ;
and j^rovided further, that it shall and may be lawful for any person or
persons, who may feel themselves aggrieved by any assessment to be made
by virtue of this Act, to appeal therefrom to the city council of Charles-
ton, who are hereby authorized to grant such relief as from the circum-
stances of the case to them shall seem just and proper.
III. And whereas, the land of several citizens has been taken for the
Compensation building of a fort called Fort Mechanic, and some of the said persons have
for Innd, used petitioned the Legislature to allow them a compensation for the same ;
Mechanic. ^^^ ^^ appears that the city council of Charleston have in their hands
certain funds arising from the sale of certain lots in the said city, which
it is supposed will be sufficient to indemnify the said petitioners ; Be it
further enacted, That compensation shall be made to all such persons as
have had their lands taken from them for the purpose of building the said
fort ; the amount of which compensation shall be ascertained by Thomas
Jones, John Splatt Cripps and Edward Darrell, who are hereby appointed
commissioners for the said purpose ; and such compensation, when ascer-
tained by the said commissioners, shall be paid by the city council, out of
the said fund in their hands ; and the said city council are further author,
ized and required, if there should be any balance of the said funds re-
maining in their hands, to apply the same to the effectual securing of the
said fort from tlie injury it may sustain from the dashing of the waters
against the foundation of it, in such manner as by the commissioners of
the streets of Charleston shall be deemed the most effectual ; provided,
that the present owners of the land on which fort Mechanic is built, shall
make good and sufficient titles to the said lands to the Governor of the
State, and his successors, in trust for the State.
IV. And he it further enacted by the authority aforesaid. That the com-
Oath. missioners appointed as before directed, shall, and they are hereby required,
before they proceed to the execution of the duties imposed by this Act, to
take and subscribe, before some justice of the peace, the following oath or
affirmation, viz : I, A B, do solemnly swear, (or affirm, as the case may
be,) that I will truly and impartially rate and assess each lot or parcel of
land, likely to be benefitted by the completion of East Bay-street, in pro-
portion to the benefit which, in my conscience, I believe the land so
assessed is likely to receive from the completion of the said street.
V. And whereas, several of the proprietors of land likely to be benefitted
Voluntary by the completion of East BaJ,-street, have, since the city council last
subscriptions, undertook to complete the said street, voluntarily subscribed or paid sub-
scriptions to defray the expenses of compleating the same ; in order there-
fore that equal justice may be done. Be it enacted by the authority afore-
said, That all sums so subscribed or paid, shall be a valid discount against
any assessment to be made by virtue of this Act.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand seven hundred and ninety-five, and in the twentieth year of the Independence
of the United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
Acts relating to tJie City of Charleston.
AN ACT TO AUTHORIZE THE CiTY CoUNCIL OF CHARLESTON TO INCREASE ^^- 1636.
THE TAX ON LICENSES FOR RETAILING SPIRITUOUS LlQUORS, AND TO EX-
EMPT CERTAIN OFFICERS OF THE CiTY OF CHARLESTON FROM SERVING
ON Juries.
L Be it enacted by the Honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same, That from and immediately after the passing of this Act, it shall
and may be lawful for the city council of Charleston, and they are hereby
authorized, to increase the tax on licenses for retailing spirituous liquors,
according to their discretion.
n. And be it farther enacted by the authority aforesaid, That the follow.
ing officers of the city of Charleston, that is to say, the intendant, war-
dens, city treasurer, city sheriff, marshall, and city recorder, be, and they
are hereby, exempted and excused from serving on juries.
In the Senate House, the nineteenth day of December, in the year of onr Lord one thou-
sand seven hundred and ninety-six, and in the twenty-first year of the Independence
of the United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
AN ACT TO declare more explicitly the powers of THE City No. 1670.
Council of Charleston, as to the sale and re-sale of certain
Public Lots on East Bay-street continued ; and for other
purposes therein mentioned.
WHEREAS, some doubts have arisen in the execution of the powers Preamble,
given by the several Acts and resolutions of the Legislature to the City
Council of Charleston, relative to the lots on East Bay-street continued ;
for the removal of those doubts,
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 hoXTK's-
sanie. That the city council of Charleston shall appraise, or cause to be ap- posed of.
praised by impartial appraisers, such sHps of public land as separate the
proprietors of adjacent lots from East Bay-street continued, or from South
Bay-street, and to offer the preemption of the aforesaid slips to the aforesaid
proprietors, at the price at which they shall be respectively appraised.
II. And be it further enacted by the authority aforesaid, That the city
council of Charleston shall and may sell, or cause to be sold, or resold,
as circumstances may require, alf other lots of land situate on East
Bay-street continued, and on South Bay-street, which remain unsold, or
have been taken back from purchasers who did not comply with the terms
of sale ; and that on payment of the value of the lots appraised, sold, or
resold, as aforesaid, the city council shall execute titles in due form, con-
veying the said lots in fee simple, to the several purchasers ; and ' shall
apply the proceeds of such sales and resales of the said lots in the manner
prescribed by the third section of the Act of the Legislature, passed the
nineteenth day of December, in the year of our Lord one thousand seven
112 STATUTES AT LARGE
A. D. 1799. ^cts relating to the City of Charleston.
hundred and ninety-five, entitled " An Act to complete East Bay-street in
Charleston ; and for other purposes therein mentioned."
III. And be it further enacted by the authority aforesaid, That the city
Toll. council shall be, and they are hereby, authorized to demand and receive a
toll on such carriages, persons, horses, cattle, baggage, merchandize, and
other articles, as may land or be landed, or as may be embarked, or be
shipped, at the slip at the lower end of Queen-street, (except on persons
and goods brought over from Hibben's Ferry, in his ferry boat,) not exceed-
ing the rates now received by the owners of wharves and other landing
places in Charleston.
IV. And whereas, it has been found inconvenient to require so large a
. . number of wardens to form a quorum of the city council of Charleston, as
council. is now required by law ; Be it further enacted, That except in the imposition
of taxes and the appropriation of money, the intendant and seven wardens
of the city council of Charleston shall form a quorum to do and perform
all the duties imposed, and to exercise all the powers and authorities vested
in the city council, by the charter or any law.
Ill the Senate House, the sixteenth day of December, in the year of our Lord one
thousand seven hundred and ninety-seven, and tvi^euty-second year of the Inde-
pendence of the United States of America.
DAVID RAMSAY, President of the Senate.
ROBT. BARNWELL, *S7>>m^er of the House of Representatives.
No. 1680. AN ACT to ascertain what damages Robert Lindsay, William
TuRPiN, and the estate of James Sommers, (deceased,) have sus-
tained BY East-Bay Street being continued through their lands.
WHEREAS, the Legislature of this State did, on the nineteenth day
Preamble. ^^ December, one thousand seven hundred and ninety-five, pass an Act en-
titled "An Act to complete East Bay street, in Charlestown, and for other
purposes therein mentioned;" by virtue whereof the city council of Charles-
ton were required to appoint three commissioners, with powers to assess
each lot or parcel of land, to be benefitted by the completion of the said
street, in a sum of money proportionate to the benefit received; and that
should any person or persons so assessed be in any wise aggrieved, appli-
cation should be made to the city council for redress : and whereas, Robert
Lindsay, William Turpin, and Adam Tunno, as administrator to the estate
of James Sommers, have, by their several petitions to the Legislature, set
forth and alledged, that the enforcement of the said Act has operated con-
siderably to their injury, by means of the said street being laid out and
made through their lands, in conformity to the plan thereof, adopted by the
city council : that they have applied to the city council for relief, but with-
out what, in their opinions, was an adequate effect ; and that on application
being made to the court of common pleas for a prohibition to issue, the
judges of the said court were divided in their opinions on the subject : and
whereas, it is the opinion of the Legislature, that the most adequate method
of determining the damages sustained by the said petitioners, or whether
they are entitled to any redress or not, will be by the verdict of a jury. In
OF SOUTH CAROLINA. n:3
Acts relating to the Citij of Charleston. A. I). 1799.
order, therefore, that the said Robert Lindsay, William Turpi n, and the
estate of James Sommers, deceased, may be redressed and relieved in the
premises, as far as injustice and equity they ought,
L Be it enacted, by the Honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of damages to be
the same, That the judges of the court of common pleas' of the State, are ?^^^='-"='J ^y
hereby authorized and directed, as soon as may be after the passing ot' this"*"'^'
Act, to order the sherifl' of the district of Charleston to summon from the
district a jury, or juries, as the cases may require, and cause them to be
empannelled in manner and form directed by law ; and the said court, to-
gether with the jury or juries so summoned' and empannelled, are hereby
required to investigate the damages sustained by the said Robert Lindsay,
William Turpin, and the estate of James Sommers, deceased, on account
of the said street being made, laid out and continued through their lands;
and the said jury or juries to determine the same by their verdict or verdicts ;
and if the said verdict or verdicts be in favor of the said parties, or either of
them, that then the said court do order the amount of the said verdict or ver-
dicts be placed to the credits of them, or either of them, in whose favor the
same may be found, in the books of the city council of Charleston ; and the
city council of Charleston are hereby required, within eighteen months af-
ter the passing of this Act, to provide for the payment of the amount of the
said verdict or verdicts, and discharge the same, Irom such funds and in
such manner as they shall think most proper to appropriate and devise ; pro-
vided, that nothing in this Act be construed so as in any wise to effect the
assessments made by the commissioners appointed for laying off', making
and continuing East Bay street in conformity to the aforementioned Act.
n. And be it further enacted by the authority aforesaid, That the land
laid off by law for the continuation of East Bay, be vested in the city of Land disposed
Charleston, and it shall and may be lawful for the city council to convey °'^-
to the proprietors of the adjacent lots, such parts of the land formerly laid
out by law for East Bay street, as may not be wanted for the street, as at
present laid out, and as may be necessary to continue a front on the street,
as at present laid out, to those who had a front on the same, as formerly
laid out, they paying for the same the value at which it shall be appraised
by a jury impannelled as aforesaid.
In the Senate House, the sixteenth day of December, in the year of our Lord one thou-
sand seven hundred and ninety-seven, and in the twenty second year of the Inde-
pendence of the United States of America.
DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.
AN ACT TO AUTHORIZE THE CiTY CoUNCIL OF ChAELESTO?* TO IMPOSE JNfo. 1713
AND LEV.Y A TAX ON THE LoTS ON SuLLIVAn''s IsLAND, TO DEFRAY THE
COST OF ERECTING A PeST HoUSE ON THE NORTH-EAST POINT OF JaMEs's
Island.
WHEREAS, the intendantand wardens of the city of Charleston have
erected a pest house on the north-east point of James's Island, at an
VOL. Vn.— 15.
114 STATUTES AT LARGE
A. D. 1799. Acts relating to the City of Charleston.
expense of five thousand three hundred dollars, under authority of an Act of
the Legislature ; and in pursuance of the direction of the said Act, have
made sale of the Lazaretto on Sullivan's Island, and have also levied an as-
sessment on the lots of the same of thirteen dollars each, the proceeds
whereof have been applied towards erecting of the said buildings. But in-
asmuch as the sums arising therefrom have fallen short of the expences
incurred thereby,
L Be it therefore enacted, by the Honorable the Senate and House of Re-
presentatives, now met and sitting in General Assembly, and by the autho-
rity of the same, That the intendant and wardens of Charleston be, and
they are hereby, empowered to impose and levy a further tax or assessment
on the lots on SuHivan's Island, to defray the expenses already incurred
and yet to be incurred for the finishing of the same : provided, that the tax
or assessment be proportioned to the comparative value and improvement
of the said lots ; and jrrovided, also, that no title conveyed under this Act,
by reason of such tax, shall be more effectual than that under which the
present occupants hold their respective lots.
II And he it further enacted by the authority aforesaid. That every owner
of a lot of land on Sullivan's Island, whether the same be improved or not,
shall be, and the same is hereby, made liable to such tax or assessment as
may be imposed thereon by the city council of Charleston, for defraying
the expense of building the said pest-house ; and if any owner of any lot
shall neglect or refuse to pay the assessment made as aforesaid, on such
day as shall be fixed for the payment of the same, by the said city council,
the said city council shall cause a warrant of distress to issue against any
goods or chattels that may be found on the premises, and the same shall be
seized and publicly sold, and so much deducted from the amount of sales
as will be necessary to pay the assessment aforesaid, and also the costs and
charges of such seizure and sale, paying the overplus, if any, to the person
whose goods and chattels have been so seized ; and if no goods or chattels
can be found on the premises, the said city council shall proceed to sell such
right and title as the party in default may have in the said lot, returning
the overplus in manner as above directed.
III. And be it further enacted by the authority aforesaid. That every ten-
ant or occupant of any house or lot on Sullivan's Island, shall be liable to
pay the assessment aforesaid ; provided, nevertheless, that if he should vo-
luntarily pay the same, or should have his goods, chattels or effects seized
and sold in pursuance of this Act, it shall be lawful for such tenant or oc-
cupant to deduct the same from the rent which shall or may become due.
In the Senate House, the eighteenth day of December, in the year of our Lord one thou-
sand seven hundred and ninety-nine, and in the twenty-fourih year of the Indepen-
dence of the United States of America.
JOHN WARD, President oj the Senate.
WILLIAM JOHNSON, Jr., Speaker of the House of Representatives.
OF SOUTH CAROLINA.
Acts relating to the City of Charleston.
AN ACT TO PREVENT THE OPENING OF StREETS, LaNES, AlLEVS, No. 1724.
AND Courts, within the City of Charleston, without permis-
sion SPECIALLY obtained.
WHEREAS, narrow and confined streets, lanes and alleys, are disad-
vantageous to every city, exposing the buildings so situated to greater Preamble,
danger, by fire, and the inhabitants thereof, by close and confined air, to
malignant diseases ; and moreover, do greatly obstruct the free passage of
persons and carriages ; and whereas, the corporation of Charleston can
impose no penalty which would be sufficient to prevent persons from acting
in opposition to the regulations intended to be prescribed by this Act ;
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 ^^S"''^*'*'"^ "^^
authority of the same, That from and after the passing of this Act, no streets. &c.
street, lane, alley or court, shall be opened, laid out or established, within
any part of the city of Charleston, until the design of the same shall have
been previously submitted to the commissioners of the streets, who are
hereby required, within ten days after application to them made as afore-
said, to view such intended street, lane, alley or court, and report thereon,
with their opinions thereof, to the city council ; and if the said city coun-
cil shall find that such intended street, lane, alley or court, possesses a
sufficient passage-way, and that the same will not be incommodious or
prejudicial to the citizens, such street, lane, alley or court, shall then be
opened, and forever thereafter be deemed, held and taken, as a public
street.
H. And he it further enacted by the authority aforesaid , That no person
or persons, holding any freehold or lease-hold estate, or by any other right Penalty,
or title whatever in the occupancy of land, shall at any time hereafter
lay out, open, or establish any street, lane, alley or court, contrary to the
regulations hereby intended ; and every such owner, or other person inter-
ested in the occupancy of any land, so violating the provisions of this Act,
shall incur a penalty of any sum not exceeding forty dollars for each and
every week the same shall be and remain open ; which said penalty shall
be recoverable in the court of common pleas.
In the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand seven hundred and ninety-nine, and in the twenty-fourth year of the Indepen-
dence of the United States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker of the House of Representatives.
AN ACT TO compensate the heirs and devisees of Peter Porch- No. 1731.
er, deceased, for certain property therein mentioned.
WHEREAS, the commissioners appointed in and by an Act of the
Legislature, passed the twenty-second day of March, one thousand seven
hundred and eighty-five, for the Parish road of St. Philip and St. 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;
116
.A. U. 1801.
STATUTES AT LARGE
Acts relating to the City of Charleston.
and whereas, the said commissioners, in pursuance of the said Act, did lay
out a road which took oft' a large proportion of a lot belonging to the heirs
and devisees of Peter Porcher, deceased, for which it is reasonable they
should receive an equivalent.
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 Nathaniel Russell, Daniel Cannon and William
Johnson, senior, Esqrs. be appointed commissioners to ascertain what com-
pensation will be sufficient to indemnify the said heirs and devisees of Peter
Porcher, deceased, for the injury aforesaid ; and that when the same shall
be ascertained by the said 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, the twenty first day of December, in the year of our Lord one thou-
sand seven hundred and ninety-nine, and in the twenty-fourth year of the Indepen-
dence of the United States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker of the House of Representatives.
No. 1783. AN ACT to appoint Commissioners to assess such parts of a
LOT of Land in Charleston, as are necessary to widen East
Bay-street ; and to permit the City Council to enjoy the
same as a Public Street, on the payment of the sum assessed
as its value.
Preamble.
Assessors
a;)pointed.
WHEREAS, the city council of Charleston have, by their petition,
represented that they are desirous of widening East Bay-street, from
Craven's bastion to the corner of Guignard-street, and that all the pro-
prietors of the lands adjoining, except the heirs of Robert Raper, deceased,
have, for the purpose aforesaid, agreed to make a voluntary cession of
their individual rights ; and it being further represented that the mental
derangement of one of the heirs of the said Robert Raper, deceased, pre-
cludes him from entering into any valid contract in the subject matter,
and it being of great importance to the community to carry into effect
the intention of the city council,
L Be it therefore enacted, by the Honorable the Senate and House of
Repretentatives, now met and sitting in General Assembly, and by the
authority of the same, That the Honorable William Johnson, Jun. Thos.
Raper, and John Dawson, Sen., shall be, and they are hereby appointed,
commissioners to value and appraise such part or parts of the lot late the
property of Robert Raper, deceased, situate, lying, and being in the city
of Charleston aforesaid, bounding eastwardly on East Bay-street, south-
wardly on Ellery-street, and northwardly on lands of Charles Cotesworth
Pinckney, as may be requisite and necessary to continue or widen East
Bay-street aforesaid, agreeably to the plan proposed by the city council of
Charleston ; and t^at on payment by the city council aforesaid, of the sum
so to be assessed or awarded by the said commissioners, or by a majority
OF SOUTH CAROLINA. 117
Acts relating to the City of Charleston. A D. 1802.
of them, into the pubUc treasury of this State, for the use of the heirs or
representatives of the said Robert Raper, deceased, such payment shall
enure, and is hereby declared, to operate a good and indefeasable title to
the said city council, of all such parts of the said lot of land as shall or
may be so assessed and paid for as aforesaid ; and the better to identify
and firmly secure the right of the said city council to the said premises,
the said commissioners herein before named, or a majority of them, are
hereby required to make their award or assessment, as aforesaid, on a platt piat to be
of the lot late the property of the said Robert Raper, deceased, particularly ^a'i®'
specifying and describing, by natural or artificial marks and bounds, the
specific part or parts of the said lot so assessed and intended to be vested
in the city council as aforesaid ; and that the said city council do also
cause to be endorsed on the said platt, under the award aforesaid, the
receipt of the treasurer of the State, specifying the amount of the con-
sideration money paid by them as aforesaid, and the day when such pay-
ment shall be made ; which platt, together with the said endorsement,
they, the said city council, shall, within one month thereafter, cause to be
registered in the office of register of mesne conveyances for Charleston
district.
II. And he it further enacted by the authority aforesaid. That the lands
so to be added to East Bay-street aforesaid, either by purchase or voluntary
cession, together with the present public street, shall forever continue and
be kept open as a public highway or street.
III. And he it further enacted by the authority aforesaid, That it shall
and may be lawful for either of the tijeasurers of the State to receive and The purchase
acknowledge the receipt of the money so to be paid by the city council as '"on'^yj how to
aforesaid, and on receipt thereof to keep the same as a deposit to the
credit of such person or persons as may be legally authorized to receive the
same ; and on proper application, without fee or reward, to pay over the
said monies to the heirs of the said Robert Raper, or their representatives,
or the representatives of any individual heir of the said Robert Raper ;
such representative of any individual heir binding his principal faithfully
to account with his co-heirs, for his or their shares or proportions of the
money so to be received as aforesaid.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and oni', and in the twenty-sixth year of the Independence of
the United States of America.
JOHN WARD, President of the Senate.
THODORE GAILLIARD, Speaker of the House of Re-presentatives.
AN ACT TO CONFIRM THE Bye-Laws OF THE Protestant Episcopal No. 1793.
Church of Saint Philip, in Charleston, and to enable the con-
gregation THEREOF TO ALTER THE SAME, OR SUBSTITUTE NEW BtE-LaWS,
UNDER CERTAIN RESTRICTIONS.
WHEREAS , doubts have been entertained by some of the congregation
of the Protestant Episcopal Church of Saint PhiHp, in Charleston, of the Preamble,
validity of thebyelaws hereinafter mentioned, and the vestry, wardens and
118 STATUTES AT LARGE
A, D. 1803. J[^cts relating to the CxtyZpf Charleston.
members of the said church have petitioned the Legislature to pass an Act
for the purpose of quieting such doubts and confirming the said bye-laws.
L Be it therefore enacted, by the Honorable the Senate and House of Re-
Bve-laws es- presentatives, now met and sitting in General Assembly, and by the authori-
tablished. ty of the same, That the fifteen bye-laws, entitled the constitutional form
of Government of the Episcopal Church of Saint Philip, in Charleston,
which were approved and agreed to in a congregational meeting of the said
Church, on the thirtieth day of October, in the year of our Lord one thou-
sand seven hundred and ninety-seven, be, and the same are hereby declared,
good, valid and binding rules or bye-laws of the corporation of the said
Church ; any law or usage to the contrary thereof in any wise notwithstand-
ing : provided^ that such bye-law or bye-laws be not "repugnant to the laws
of the land.
n. And he it further enacted by the authority aforesaid, That from and
Howthev may^^fter the passing of this Act, it shall be lawful for the vestry, wardens and
be alterecl. members of the said church, at any time, to alter or abolish all or any of
the said bye-laws, and such new bye-laws to make in the place of the same,
as may best conduce to the spiritual and temporal interests of the said
Q\mx(^\ provided, that the vestry and wardens shall not be precluded from,
or abridged in, their right of regulating, as heretofore, the ordinary concerns
of the said Church, by any alteration of a bye-law, or by any new bye-law
to be made in pursuance of this Act.
HL And he it further enacted by the authority aforesaid, That the corpo-
ration of the aforesaid Church may, and they are hereby empowered to,
purchase, accept and hold, in addition to what they now own, as much real
or personal property as may, in the whole, yield them the annual income of
fifteen hundred pounds ; any law to the contrary thereof notwithstanding.
In the Senate House, the eighteenth day of December, in the year of our Lord one
thousand eight hundred and two, and in the twenty-seventh year of the indepen-
dence of the United States of .America
JOHN WARD, President of the Senate.
ROBERT STARK, Speaker of the House of Representatives.
No. 1812. AN ACT to amend an Act entitled "An Act establishing a Tobac-
co Inspection in the city of Charleston.''
WHEREAS, the funds intended to carry into effect the institution of the
tobacco inspection in the city of Charleston, have become entirely inade-
quate for that purpose ;
L Be it therefore enacted, by the Honorable the Senate and House of Re-
presentatives, now met and sitting in General Assembly, and by the authori-
ty of the same, That the commissioners of the tobacco inspection in the
city of Charleston, be, and they are hereby, authorized and empowered to
collect a sum not exceeding ten cents per week, as storage, for every hogs-
head of tobacco that may remain in store for a longer time than twelve
months in the ware house of said inspection.
H. And tvhereas, the present mode of selling tobacco occasions losses of
considerable amount, by reason of the holders of tobacco-notes retaining
OF SOUTH CAROLINA.
119
Acts relating to the City of Charleston.
the same for several years, and the tobacco being necessarily delivered to
the holders of such notes, without weighing, or fairly ascertaining the loss
which the tobacco has sustained from being kept on hand for so great a
length of time; for remedy whereof, Be it enacted by the authority aforesaid,
That from and immediately after the passing of this Act, all tobacco which
shall be exposed to sale in the city of Charleston, shall be weighed ; provi-
ded, more than twelve months have elapsed from the time of its inspection ;
and that the sum of twelve and one half cents be paid on each hogshead,
by the purchaser, for weighing the same.
II. And whereas, by an Act of the General Assembly, passed the eigh-
teenth day of December, in the year of our Lord one thousand eight hun-
dred and two, the commissioners of the tobacco inspection in the city of
Charleston were authorized to receive, on storage, cotton and other pro-
duce therein mentioned, but no provision was made, or compensation al-
lowed, for weighing and storing the same ; Be it therefore enacted by the au-
thority aforesaid. That the sum of six cents shall be allowed on every bale
of cotton received, for storage and turning out, and six cents for weighing,
if required, and two cents for every hundred weight of any other produce,
as a compensation for storage and weighing of the same.
In the Senate House, the seventeenth day of Decemlier, in the year of our Lord one
thousand eight hundred and three, and of the Independence of the United States of
America the twenty-eighth.
JOHN GAILLIARD, President of the Senate.
ROBERT STARK, Speaker of the House of Representatives.
A. D. 1803.
AN ACT TO RELIEVE THE INHABITANTS OF CHARLESTON DISTRICT Nq. 1816.
FROM THE UNEaUAL DUTY OF SERVING ON JuRIES, AND TO MAKE
THEIR DUTY UNIFORM WITH THAT OF THE CITIZENS OF OTHER
DISTRICTS.
Preamble.
WHEREAS, but one set of jurors are now drawn and summoned to
serve during the whole term for Charleston district, although that term
continues for five weeks together, and in all other districts in the State no
man can be made to serve longer than six days together, in consequence
whereof, all men engaged in private pursuits, and all who can afford to
pay the fine, prefer paying that penalty rather than to neglect their busi-
ness, or submit to confinement for so long a time ; by reason whereof, the
juries in that district are generally composed of such persons as are least
qualified to discharge the important trusts committed to them by the law ;
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 of j^j^^
the same. That at every court hereafter to be held for that district, as many be drawn,
petit and common pleas jurors shall be drawn for each week during which
the court may by law be allowed to sit, as are now drawn for the whole
term, so that the same persons shall never be required to serve longer than
six days in the same term ; and immediately after the adjournment of
each court, the clerk of the said court shall issue a separate venire for
rors, how to
120 STATUTES AT LARGE
A. D. 1804. Acts relating to the City of Charleston.
each week, during the time that the said court next succeeding may be
allowed by law to sit ; and the summonses issued for the jurors aforesaid,
shall mention the day and the hour when they are to appear, and that
they are to serve no longer than six days.
II. And be it further enacted by the authority aforesaid, That in case
Penalty on ^^^ person who shall be drawn a juror as aforesaid, shall make default,
defaulters. that each juror so making default, shall be liable to pay a fine not exceed-
ing tifty dollars, nor under twenty dollars, in addition to the percentage on
his or their annual tax, as now by law directed to be levied on defaulting
jurors.
Ill the Senate Housfi, the seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and three, and in the twenty-eighth year of American Inde-
pendence.
President of the Senate.
Speaker of the House of Representatives.
(The signatures are wanting to this Act )
No. 1830. AN ACT to authorize the City Cou^cIL of Charleston, with
THE consent of CoNGRESS, TO IMPOSE AND LEVY A DUTY ON THE
Tonnage of Ships and Vessels, for the purpose therein men-
tioned.
WHEREAS, the city council of Charleston, by their memorial to the
Preamble. Legislature of this State, have, amongst other things, set forth, that a
proposition, authorized by the President of the United States, has been
made to the said city council, to pay over to them the sum of fifteen thou
sand dollars, for building a Marine Hospital, in the vicinity of Charleston ;
and likewise to pay over to them all the hospital monies to be collected in
the said port, on their taking upon themselves the direction of the said
hospital, and defraying all expenses attending the same ; which sums the
said city council state to be altogether inadequate for the building and
supporting the said hospital, but that, for the reasons in their memorial
mentioned, they have, nevertheless, agreed to assume the superintendance,
direction and support of the said marine hospital, to accept of the sums
offered for building and supporting the same, and to rely on the Legislature
of this State to pass an Act, and on Congress to assent thereto, for author-
izing the said city council to impose and levy a duty on the tonnage of
ships and vessels, to supply any deficiency which may arise in building
and supporting the said hospital ; and the said city council have therefore
prayed that an Act may be passed, authorizing them to impose and levy a
duty, not exceeding six cents per ton, on ships and vessels, for the purpose
aforesaid.
I. Be it therefore enacted, by the Senate and House of Representatives,
t^°b"^f^ ''"T ^^'^^ ^®* ^^'^^ sitting in General Assembly, and by the authority of the
imposec. g^^^^ That whenever the consent of Congress shall be given to this Act,
the city council of Charleston shall be, and they are hereby, authorized
and impowered to impose and levy a duty, not exceeding six cents per
Jon, on all ships and vessels of the United States, which shall arrive and
OF SOUTH CAROLINA. 12 1
Acts relating to the City of Charleston. A. D. 1805.
be entered in the port of Charleston, from any foreign port or place what-
soever ; and a like duty, each time of entry, on all ships and vessels of the
United States, not licensed, which shall arrive and be entered in the said
port, with goods, wares and merchandize, or bound from another State,
other than an adjoining State on the sea coast, or on a navigable river ;
and also a like duty on all ships and vessels which shall be entered in the
said port, having a license to trade between the different districts of the
United States, or to carry on the bank or whale fisheries, whilst employed
therein, to be paid on the said last mentioned ships and vessels not more
than once a year ; which said duty shall be collected and paid in such way
and manner as the city council 'of Charleston shall direct and appoint,
and shall be appropriated by them in supplying any deliciency which may
arise in erecting and supporting an hospital in the vicinity of Charleston,
for the reception and relief of sick and disabled seamen.
In the Senate House, December the twenty-first, in the year of our Lord one thousand
eight hundred and four, and in the twenty-ninth year of the Independence of the
United States of America.
JOHN WARD, President of the Senate.
W. C. PINCKNEY, Speaker of the House of Representatives.
AN ACT TO FIX THE RATES OF STORAGE OF CoTTON IN CHARLESTON. No. 1851.
I. Be it enacted, by the Honorable the Senate and House of Rep-e.
resentatives, now met and sitting in General Assembly, and by the au.
thority of the same. That immediately after the passing of this Ac%
the rates of storage of cotton shall not exceed twelve and a half cents
per week, for each bale of cotton.
In the Senate House, the nineteenth day of December, in the year of our Lord one
thousand eight hundred and five, and in the tliirtieth year of the Independence of the
United States of America.
ROBT. BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
AN ACT TO REPEAL AN ORDINANCE OF THE CiTY CoUNCIL OF No. 1852.
Charleston.
WHEREAS, by an ordinance of the city council of Charleston, or-
damed on the sixteenth day of July, in the year one thousand eight
hundred and five, imposing duties and laying restrictions upon the vend-
mg of corn, peas, oats and other grain carried for sale to the said city
of Charleston, which have been found to be extremely oppressive and
burthensome to the agricultural interest of this State ; ^and whereas, all
the by-laws, rules and ordinances made by the said city council of
VOL. Vn.— 16.
122 STATUTES AT LARGE
A. D. 1805. Acts relating to the City of Charleston.
Charleston, are subject to the revisal, alteration or appeal of the Legis-
lature.
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 the said ordinance of the city council of
Charleston, ordained on the said sixteenth day of July, in the year one
thousand eight hundred and five, and all other ordinances imposing duties
and laying restrictions on the vending of corn, peas, oats and other grain,
carried for sale to the said city of Charleston, be, and the same is hereby,
repealed.
In the Senate House, the ninefeenth day of December, in the year of our Lord one thou-
sand eight hundred and five, and in the tliirtieih year of the Independence of tlie
United States of America.
ROBT. BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Rejjrescntatives.
No 1864. -^^ ACT to authorizp: the City Council of Chauleston to as-
certain AND define the WARDS WITHIN THAT CiTY ; T() APPOINT
AN ESCHEATOR ; AND FOR OTHER PURPOSES THEREIN MENTIONED.
WHEREAS, it is necessary for the internal regulation of the city of
Charleston, that the boundaries of its wards be more accurately defined and
adjusted than has hitherto been done.
L Be it therefore enacted by the Senate and House of Representatives,
now met and sitting in General Assembly, and by the authority of the
same. That the intendant and wardens of the said city of Charleston,
be, and they are hereby, impowered to ascertain and define, either by
commissioners or in any other manner they may think expedient, the
, respective boundaries of the wards within that city.
H. And be it further enacted by the authority aforesaid. That the
city council of Charleston be, and they are hereby, authorized, as es-
cheators, to appoint a deputy escheator.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and five, and in tlie thirtieth year of tlie Independence of the
United States of America.
ROBT. BARNWELL, President of the Senate.
JOSEPH ALSTON, Sjwakcr of the House of Representatives.
No 1889. AN ACT to amend an Act entitled An Act for amending an
Act entitled An Act for regulating and ascertaining the
RATES of wharfage OF ShIPS AND MERCHANDIZE; AND ALSO, FOR
ascertaining THE RATES OF STORAGE IN CHARLESTON ; AND FOR RE-
PEALING THE FIRST CLAUSE OF THE SAID AcT, OR ANY OTHER AcTS
AS ARE REPUGNANT THERETO.
WHEREAS, it is proper and expedient to alter and amend an Act regu-
lating and ascertaining the rates of wharfage and storage in Charleston,
OF SOUTH CAROLINA. 123
Acts relating to the City of Charles/ on. A. D. 1807
passed the twenty-eighth day of March, in the year of our Lord one
thousand seven hundred and seventy-eight.
L Be it therefore enacted by the honorable tlie Senate and House of
Representatives, now met and sitting in General Assembly, and by the fj),"'^ °^ "°''^"
authority of the same, That immediately from and after the passing of"^"'
this Act, the following rates and sums respectively shall be paid, and no
greater shall be demanded or exacted by owners of wharves or any other
persons, for wharfage of ships or vessels, or for landing, weighing and
storing of the articles of rice and cotton upon the wharves in Charles-
ton, to wit: — for landing every barrel of rice, four cents per barrel;
for weighing every barrel of rice, six cents per barrel ; for shipping every
barrel of rice, four cents per barrel; for storing every barrel of rice,
eight cents per week, for the first and last weeks, and four cents for each
intermediate week, and storage of half barrels at half price for whole
barrels; for landing every bale or case of cotton, four cents per bale or
case ; for weighing every bale or case of cotton, six cents per bale or case ;
for shipping every bale or case of cotton, four cents per bale or case ; for
storeing every bale or case of cotton, eight cents per bale or case, for the
first and last weeks, and four cents per week for each intermediate week ;
for the dockage of every vessel, (coasters excepted,) loading or unloading,
of or under one hundred tons, fifty cents per day ; from one hundred tons
burthen to or under one hundred and fifty tons burthen, seventy-five cents
per day ; for every vessel above one hundred and fifty tons burthen, one
dollar per day; for every idle vessel, double dockage per day.
n. And be it enacted hy t\ie SiMihonty aforesaid. That so much of the
above mentioned Act, and any other Acts as are repugnant thereto, be,
and the same is hereby, repealed.
In the Senate House, the nineteoiuh day of December, in the year of our Lord one
thousand eight luindred and seven, and of tlie Independence of the United States of
America, the thirty-second.
WM. SMITH, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Rejnesentatives.
AN ACT TO APPOINT Commissioners to assess such parts of lots No. 1894.
OF Land in Charleston, as are necessary to widen Market-
street ; and to permit the City Council to enjoy the same
AS A PUBLIC street, ON PAYMENT OF THE SUM ASSESSED AS ITS
VALUE.
WHEREAS, the city council of Charleston have, by their petition, i>reanible,
represented that they are desirous of widening Market-street, from Meeting-
street to the channel of Cooper river, and that all the proprietors of lands
adjoining, excepting so much of it as is contiguous to William Raper's
land, have, for the purpose aforesaid, made a voluntary cession of their
individual rights; and it being further represented that the mental derange-
ment of the said William Raper precludes him from entering into any
valid contract in the subject matter, and it being of great importance to
the community to carry into effect the intention of the city council ;
124 STATUTES AT LARGE
A. D. 1807. Jlcts relating to the City of Charleston.
I. Be it therefore enacted, by the Honorable the Senate and House of
Assessors Representatives, now met and sitting in General Assembly, and by the
appointed. authority of the same, That the attorney of said W. Raper,' Wm. Pritch-
ard. Sen. and Floreau C. Mey, shall be, and they are hereby appointed,
commissioners to value and appraise such part or parts of the lands of the
said William Raper, situate, lying and being in the city of Charleston
aforesaid, (which still projects on the said Market-street,) to wit : the part
of the eastermost lot on the north line, seventy-eight feet ; on the east line,
thirty-two feet ; on the south line fronting Market-street, seventy-eight
feet; and on the west line fronting Raper-street, twenty-eight feet six
inches ; the part of the westernmost lot on the north line, forty-four feet ;
on the east line, fronting on Raper-street, twenty-seven feet six inches ;
on the south line, fronting on Market-street, forty-four feet ; and on the
west line, twenty-five feet nine inches — in order to continue and widen
Market-street aforesaid , agreeably to the plan proposed by th^ city council
of Charleston ; and that on payment by the city council aforesaid, of the
sum so to be assessed or awarded by the said commissioners, or by a majori-
ty of them, into the public treasury of this State, for the use of the said
William Raper, such payment shall enure, and is hereby declared to
operate a good and indefeasible title to all such parts of the said described
lands as shall or may be assessed and paid for as aforesaid. And the better
to identify and firmly secure the right of the said city council to the said
premises, the said commissioners herein before named, or a majority of
them, are hereby required to make their award or assessment as aforesaid,
on a plat of the lands of the said William Raper, particularly specifying
and describing, by natural or artificial marks and bounds, the specific part
or parts of the said lands so assessed and intended to be vested in the said
city council as aforesaid ; and that the said city council do also cause to
be endorsed on the said plat, under the award aforesaid, the receipt of the
treasurer of the State, specifying the amount of the consideration money
paid by them as aforesaid, and the day when such payment shall be made;
which plat, together with the said endorsements, they, the said city coun-
cil, shall, within six months thereafter, cause to be registered in the office
of the register of mesne conveyances for Charleston district.
H. And he it further enacted by the authority aforesaid. That the lands
so to be added to Market-street aforesaid, either by purchase or voluntary
cession, together with the present public street, shall forever continue and
be kept open as a public highway or street.
HI. And he it fiirther enacted by the authority aforesaid. That it shall
hp^p^^Tto"^ '° ^"^^ ""^^^ ^^ lawful for either of the treasurers of the State to receive and
Treasurer. acknowledge the receipt of the money so to be paid by the city council
aforesaid ; and on the receipt thereof, to keep the same as a deposit to the
credit of the said William Raper, and on proper application, without fee
or reward, to pay over the said monies to such person or persons, (on be-
half of the said William Raper,) as may be legally authorized to receive
the same.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and seven, and in the thirty-second year of the Independence
of the United States of America.
WM. SMITH, Presidentof the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
Acts relating to the City of Charleston.
AN ACT TO ALTER AXD AME>-D "A:f AcT TO INCORPORATE ChARLES- No. 1921.
ton;" and for other purposes therein mentioned.
I. Be it enacted, by the Honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority ^"^^"''^"^' ^"^"^
of the same, That from and after the passing of "this Act', the intendant ^° ''^ ^^^''''''^"
of the city of Charleston shall be elected from among the corporators of
the city of Charleston, who shall be qualified as hereafter prescribed, on
the third Monday in September, in each and every year ; and whosoever
shall have the greatest number of votes, shall be duly elected.
H. And he it further enacted by the authority aforesaid. That the
managers to conduct the said election shall be appointed by the city Election, when
council of Charleston, and shall hold the same at the court house and the '° ''^ ^^''^•
centre market in the said city of Charleston, on the day aforesaid, in each
and every year, from the hour of nine o'clock to 'the hour of twelve
o'clock in the forenoon, (inclusive of the latter,) and from the hour of
two o'clock to the hour of five o'clock in the afternoon, (inclusive of the
latter.) ^
III. And be it further enacted by the authority aforesaid. That in all
cases in which the said election shall not take place at the time aforesaid, In case of
and in case of vacancy from death, resignation, or any other cause, an ^■^*=^°*^^'
election shall be held by managers appointed as aforesaid, at the places
aforesaid, on such day as the said city council shall appoint, during the
hours aforesaid ; and the person elected shall serve until the next general
election, which shall be held according to the provisions aforesaid.
IV. And be it further enacted hy the authority aforesaid, That no per-
son shall be eligible to the office of intendant, unless he be a free white Qualification
man, a citizen of the United States, of the age of twenty-five years, and o' Intendant
shall have resided within the said city three years previous to his election,""'^ Warden,
and be at the time of his election a resident therein, and unless he be
seized and possessed, in his own right, of a freehold estate, situate within
the said city, of the value of three hundred pounds sterling, clear of debt ;
and that no person shall in future be eligible to the office of warden,
unless he be a free white man, a citizen of the United States, of the age
of twenty-one years, and shall have resided within the said city three
years previous to his election, and be at the time of his election a resident
of the ward for which he shall be elected, and unless he be seized and
possessed, in his own right, of a freehold estate, situate within the said city,
of the value of one hundred and fifty pounds sterling, clear of debt.
V. And be it further enacted hy\he authority aforesaid, That any free
white man, of the age of twenty-one years, being a citizen of this State , ^f^.^^^^^f'""
and residmg within the said city at the time of the election, who shall have
actually contributed and paid the sum of three shillings sterhng, in the
nature of a tax, or in nature of a premium, for license to practice or pur-
sue any trade, profession or business, in or for the preceding year, or the
year in which such election shall take place, towards the support of the
corporation of the said city, shall be entitled to vote for intendant and
wardens.
VI. And be it further enacted by the authority aforesaid, That the
intendant of the said city shall, in addition to the powers heretofore given Addition to
by law, be authorized to exercise, within the said city, all the powers which Po^'^rs of the
now are or may be incident to the office of justice of the quorum , and '"^^"'^''"^'
that he may, by compulsory process, enforce the attendance of witnesses
who may be required to give testimony before council, on any subject
126 STATUTES AT LARGE
'^■^"1^^^' -^^^^ relating to the City of Charleston.
matter within the jurisdiction of the corporation of Charleston.
VII. And he it further enacted by the authority aforessid, That so much
of the Act entitled "An Act to incorporate Charleston/' as is repugnant
to this Act, be, and the same is hereby, repealed.
In the Senate House, tlie t^eventeenth day of December, in the year of our Lord one thou-
sand eight hundred and eight, and thirty-third year of the Independence of the
United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the Home of Representatives.
No. 1938. AN ACT TO ALTER AND AMEND " An AcT TO INCORPORATE CHARLESTON,"
BY AN EatJAL DIVISION OF WaRDS, AND DIRECTING THE REPRESEN-
TATION THEREOF IN CiTY CoUNCIL TO BE APPORTIONED ON THE
PRINCIPLE OF Population and Taxation ; and for other purposes
THEREIN mentioned.
WHEREAS, the present system of electing the wardens for the city of
Charleston, is in its operation oppressive, inasmuch as relates to the une-
qual division of the wards without regard to population or taxation, and
whereby the citizens are unequally represented ; for remedy thereof,
I. Be it enacted, by the Honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the
authority of the same, That on or before the first day of August next
ensuing, it shall be the duty of the intendant and wardens of the city
of Charleston, to divide, or cause to be divided, (without regard to the
former wards,) the whole of the city of Charleston into four divisions or
wards ; the inhabitants of each of which divisions or wards shall elect
such number of wardens as such division or ward shall be entitled to, on
equal principles of population and the city taxation of the present year ;
Provided always, the whole number of wardens for the aforesaid city shall
not exceed twelve, whose quahfications shall be the same as directed in an
Act passed on the seventeenth day of December, in the year of our Lord
one thousand eight hundred and eight.
II. And he it further enacted by the authority aforesaid. That it shall be
the duty of the intendant and wardens of the aforesaid city, every seven
years thereafter, to apportion the ward representation, precisely on the
principles above directed.
HI. And he it further enacted by the authority aforesaid, That an
election for wardens shall be held on the first Monday of September next,
and every year thereafter, at such places and hours as the intendant and
wardens for the time being may direct, within the limits of each division
or ward.
IV. And he it further enacted by the authority aforesad, That all Acts or
clauses of Acts contrary or repugnant to the provisions of this Act, be, and
the same are hereby, repealed.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and nine, and in the thirty-fourth year of the Independence
of the United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, SjJeaker of the House of Representatives.
OF SOUTH CAROLINA.
Acts relating to the City of Charleston.
an act to authorize the city council of charleston to no. 1941.
erect and build, within the inclosure of the city burial
Ground, lying without the City, on the borders of Ashley
RIVER, A SUBSTANTIAL BrICK MaGAZINE, FOR THE STORING OF GuN
Powder.
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, the city council of'
Charleston be, and they are hereby, authorized and impowered to con-
struct, build and erect a substantial brick magazine, within the inclosure of
the city burial ground without the city, near the banks of Ashley river ;
which said magazine, when built, shall be under the immediate manage-
ment and control of the said city council of Charleston, or of such person
or persons as the city council may from time to time appoint.
H. And he it further enacted by the authority a foresaid , That the city
council are hereby authorized and impowered to impose the same rates
upon the storing of gun powder in the said magazine, as are now imposed
by law upon the storage of gun powder in the magazine at the ship-yard
on Charleston Neck.
ni. Atid be it further enacted hy the authority aforesaid, That persons
living in Charleston may store their gun powder in the said magazine
hereby directed to be built ; any law, usage or custom, to the contrary in
any wise notwithstanding.
In the Senate House, the nineteenth day of December, in the }ear of our Lord one
thousand eight hundred and nine, and the thirty-fourth year of the Sovereignty
and Independence of the United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
an act authorizing the president and trustees of the second ]v^o. 1952.
Presbyterian Church of the City and suburbs of Charleston,
TO raise in aid of their funds, for the building of a Church,
A SUM of money, by WAY OF LoTTERY.
WHEREAS, the President and Trustees of an association, formed for
the promotion of religion, and the establishment and building of the second
Presbyterian church of the city and suburbs of Charleston, in behalf of
themselves and others have, by their petition to the Legislature, set forth
that their funds are unequal to the completion of the said church, and
praying that they may be authorized to raise, by one or more lotteries, a
sum adequate to the building of the same.
L Be it therefore enacted, by the Honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That the President and Trustees of the said associ-
ation, or their successors in office, be, and they are hereby, authorized and
impowered to raise, in aid of their funds, a sum of money, by one or more
STATUTES AT LARGE
Acts relating to the City of Charleston.
lotteries, to be conducted in any manner which the President and Trustees,
or a majority of them, may think advisable and ^yo'i^gv \ provided that
they do not, by said lotteries, raise a sum exceeding twenty thousand
dollars.
In the Senate House, the nhieteenth day of December, in the year of our Lord one
thousand eight hundred and nine, and in the thirty-fourth year of the' Indepen-
dence of the United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker pf the House oj" Representatives.
No. 1971. AN ACT to authorize the Intenuant and Wardens of the City
OF Charleston, to widen Motte-street, and to open Kinloch's
Court as a street ; and for other purposes therein mentioned.
L Be it enacted, by the Honorable the Senate and House of Represen-
Motte-street to tatives, now met and sitting in General Assembly, and by the authority of
be widened. the same. That the intendant and wardens of the city of Charleston be,
and they are hereby, authorized to widen, or cause to be widened, the
street called Motte-street, on the east side of the said street, so as to form
a right line with the east side of Union-street ; and that the said intendant
and wardens are hereby to commence the widening of the said street from
the corner of Market and Motte-streets, and to continue the work from
thence southwardly to Queen-street.
n. Be it further enacted by the authority aforesaid. That the said in-
Kinloch's tendant and wardens be, and they are hereby, authorized to remove, or
court. cause to be removed, all obstructions at the north end of Kinloch's court,
and to keep open the same as a public highway or street.
in. Be it enacted by the authority aforesaid. That six commissioners
shall be nominated and appointed by and on the part and behalf of the
be^Empofnted ^^^^ intendant and wardens, and the like number by and on the part and
behalf of the proprietors of the lots in the said street called Motte-street,
and the said court called Kinlock's court; and the said commissioners, or
a majority of them, after taking the following oath, to wit : " I do solemnly
swear, that I will fairly, impartially, and to the best of my skill, assess the
damage that may be sustained by the proprietors on the east side of Motte-
street, and the advantages accruing to the proprietors of the west side
of said street, and assess the damages sustained by the proprietors of the
lot or lots at the north end of Kinloch's court, in opening and keeping the
same open as a public street," shall proceed to assess the holders of lots on
each side of the said street in due ratio, and to value and appraise such
lots, part or parts of lots, as may be necessary to widen the said street, and
to open the said court ; which lots, or part or parts of lots, shall, on the
payment of the sum at which it shall be so valued, be possessed by and
vested in the said intendant and wardens forever.
IV. Be it enacted by the authority aforesaid. That in all cases where the
owners of the lots in said street and Kinloch's court, from which a portion
or part has been taken, shall be desirous to dispose of or sell the same, the
said intendant and wardens are hereby authorized and required to purchase
OF SOUTH CAROLINA. 129
Acts relating to the City of Charleston. AD. iHlo.
the same, on a valuation or appraisement, to be made in manner and form
as is before in this Act prescribed ; and the said lots shall be possessed by
and vested in the said intendant and wardens forever.
V. Be it enacted by the authority aforesaid, That the said intendant and
wardens, in all cases where it may appear expedient and practicable, be, Council mny
and are hereby, authorized to purchase lots for the purpose of giving fronts ^^f*^ *^^ " ^'
to owners of lots who would be otherwise deprived of the same, or to lessen
the expense of the work, by accepting advantageous offers for the sale of
them ; frovided nevertheless, that owners in all cases be compensated by a
valuation or appraisement, made in manner and form as is herein before
prescribed.
VI. Be it enacted hy the authority aforesaid. That the lands so to be
added to Motte-street and Kinloch's court, together with the present public
street and court, shall forever continue and be kept open as public highways
or streets ; and the said intendant and wardens be, and are hereby, author-
ized and impowered to name, alter and change the names of, the said
streets.
VII. And he it enacted by the authority aforesaid. That the several per.
sons who shall or may associate as herein prescribed, for the purpose of „ .
widening the street called Union-street, and the alley called Unity alley, in and Unity
the city of Charleston, and their successors, shall be, and they are hereby, alley,
incorporated as a body politic, in deed and in law, by the name of the
company for widening of Union-street and Unity alley.
VIII. And be it enacted by the authority aforesaid , That the said corpo-
ration, by their name aforesaid, shall have perpetual succession of officers p^^^^^.^ ^^ ^j^^
and members, to be appointed according to the by-laws and regulations corporation,
which they may establish for the government of the said corporation ; and
they may have a common seal, with power to break, alter and make new
the same, as often as they shall judge expedient.
IX. And be it enacted by the authority aforesaid. That the said corpo-
ration or company shall be able and capable in law to purchase, have,
hold, and take, receive, possess, retain and enjoy to itself, in perpetuity or
for any term of years, any personal estate or real estate, within the limits
of the said street called Union-street, and the said alley called Unity alley,
of what kind soever, and to sell, alien and dispose of the same as they
may think proper ; and by the name aforesaid, to sue and be sued, implead
and be impleaded, answer and be answered unto, in any court of law and
equity; and to make such rules and by-laws, not repugnant or contrary to
the laws of the land, as for the good order and proper government of the
said corporation, may by the same be thought expedient or necessary;
provided nevertheless , that the said real and personal estate shall not exceed
five hundred thousand dollars.
X. Aiid be it further enacted by the authority aforesaid, That James
Nicholson, William Clarkson, Robert Howard, Joseph Johnston and CoiumisslonerB
Charles B. Cochran, or a majority of them, be, and are hereby, appointed '^'^P'"'"'^ "
commissioners to receive subscriptions for the establishment of the com.
pany aforesaid, for which purpose they shall meet at the exchange in
Charleston, on the second Monday in January next, and there receive the
subscriptions of all such persons as shall be desirous of subscribing and
associating for the purpose of becoming members of the said corporation.
XI. And be it enacted by the authority aforesaid. That the said com-
pany shall and may cause the street called Union-street, to be widened on
the west side, so as to form a right line with the west side of Motte-street,
and to widen the alley called Unity alley.
VOL. VII.— 17.
130 STATUTES AT LARGE
A. D. 1810. Acts relating to the City of Charleston.
XII. And he it further enacted by the authority aforesaid, That the said
Company may company shall have power to purchase, for themselves and their successors
purchase land, for ever, sucli land as may be necessary for the purpose of widening the
said street called Union-street, and the said alley called Unity alley ; and
when the said company and the owners of such land cannot agree for the
same, to take such land on a valuation or appraisement, made in the man-
ner and form prescribed by the clause of this Act for the widening of
Motte-street; which land shall, on the payment of the sum at which it shall
be so valued and appraised, be possessed by and become vested in the said
company and their successors for ever ; and that the stock and shares may
be sold, transferred, assigned and bequeathed by the proprietors, respec-
tively; and in case of their dying intestate, shall go as personal estate,
according to law.
XIII. And, he it enacted by the authority aforesaid. That the said com-
^ . pany and proprietors be, and they are hereby, required to erect, or cause
built of brick, to be erected, on the lots in the said street and alley, only buildings of
brick or other incombustible materials ; provided, it shall be at the option
of the said proprietors of the lots in the said street or alley, either to con-
form thereto, or to sell and dispose of their lots to the said company ; and
the said company be, and they are hereby, required to purchase the same,
on a valuation or appraisement, made in the manner and form before
specified.
XIV. And he it further enacted by the authority aforesaid, That if
This a nubr ^"^^ person shall be sued for any matter or thing done in pursuance of
Act. this Act, he may plead the general issue, and give this Act and the special
matter in evidence ; that this Act shall be deemed and taken to be a
public Act.
XV. And he it further enacted by the authority aforesaid. That all
. rights and privileges hereby granted to said corporation, together with the
what case to charter of incorporation hereby granted, shall cease and determine , unless
cease. the persons associating as members of said corporation shall, within six
months, commence and prosecute the said work ; and if the said company
should so forfeit their charter, the intendant and wardens of the city of
Charleston shall be, and are hereby, impowered to proceed to widen the
said street and alle} , in manner and form as is before prescribed for the
widening of Motte-street.
XVI. And he it further enacted. That all Acts or parts of Acts, re pug-
nant to this Act, shall be, and is hereby, repealed.
In the Senate House, the twentieth day of December, in the year of our Lord one thousand
eight hundred and ten, and in the thirty fifth year of the Independence of the
United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
Acts relating to the City of Charleston.
AN ACT TO AUTHORIZE THE WIDENING OF StATE, LATE MoTTE AND No. 1985.
Union-streets, in the City of Charleston, in such manner and
under such provisions as are herein specified.
WHEREAS, at the last session of the Legislature of this State, an
Act was passed, entitled " An Act to authorize th<; intendant and wardens i^*"*"*'""'^'
of Charleston, to widen Motte-street, and for othei purposes ;■" and whereas,
the said Act has proved to be impracticable and inexpedient.
I. Therefore, be it enacted by the honorable the Senate and House of Rep- s,„te-street to
resentatives, now met and sitting in General Assembly, and by the autho- be laidout.
rity of the same, That commissioners herein appointed be, and they are
hereby, authorized to widen and lay out State-street, late Motte and Union-
streets, in the city of Charleston, in conformity with a plan and plat made
by J. Wilson, dated the fifteenth day of November, one thousand eight
hundred and eleven, and to be recorded in the office of the Secretary of
State, for the information of all concerned.
H. And be it further enacted by the authority aforesaid, That the said „
commis.sioners be, and they are hereby, authorized and required to ascer- (<, owners of
tain and assess the damage which may be sustained by the owners of lots lands u-sed.
situate in the aforesaid streets, or any of them, by reason and in conse-
quence of the widening of the said street ; and that the said damage or
injury being ascertained by the commissioners aforesaid, the city of Charles-
ton shall be, and it is hereby, required, by the intendant and wardens
thereof, to defray one half of the amount of the damage aforesaid, in
consideration of the general benefit resulting from the widening of the
aforesaid street ; and that the other half or moiety of the expense attending
the aforesaid measure, be assessed upon the owners of lots in the aforesaid
State-street, in consequence of their particular and local advantages re-
sulting therefrom ; and that the said owners of lots be, and they are here-
by, required to defray one half of the aforesaid assessment.
HL And be it further enacted. That whenever a lot shall have been so
much reduced and injured by the widening of the said street, as to be unfit
for convenient buildings, and thereby greatly injured, the commissioners
shall be impowered and required to take the whole lot at the expense
and for the benefit of the city of Charleston; that James Nicholson, Bar- pj^^*{gj"^* "P"
tholomew Carroll, Thomas Bennet, jr. John Horlbeck, jr. Basil Leneau
and Dr. Joseph Kirkkind, be, and they are hereby, authorized and empow-
ered to assess and make a true estimate of the damages which shall be
sustained by the owners of lots and houses lying on or near the said street,
or any other person, by reason of the widening of the said street ; one
half of which said damages shall be made and paid by the intendant and
wardens of the city of Charleston, and the other half to be made and paid
by the proprietors of land on both sides of the said street.
IV. And be it further enacted by the authority aforesaid, That should,,
... .V tie line 16S
any of the persons above named as commissioners, die, remove or decline how to be'
serving before they shall have assessed the damages aforesaid, then and infilled,
that case, his Excellency the Governor for the time being, shall be, and
he is hereby, authorized to nominate and appoint some fit and proper person
to fill up such vacancy, occasioned by the death, removal or declining to
serve, of any of the above named commissioners, or by the death, removal
©r declining to serve, of any of the commissioners who shall or may be
appointed by the Governor in conformity to this Act.
132 STATUTES AT LARGE
A. D. 1811. Acts relating to the City of Charleston.
V. And be it further enacted by the authority aforesaid, That this Act
^his a public gj^^jj |jg (deemed and taken as a pubUc Act, and shall and may be given in
evidence in any of the courts of Law or Equity in this State, without being
specially pleaded ; any thing to the contrary notwithstanding.
VL And he itftirther enacted hy the SiViihoriiy a.^oresa.iA, That any and
every law or laws contrary or repugnant to this Act, be, and the same are
hereby, repealed.
In the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand eight hundred and eleven, and in the thirty-sixth year of the Independence
of the United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatives
No. 1989. AN ACT to authorize the Commissioners of the Orphan House
OF Charleston to select the number of youths therein men-
tioned, from those educated and maintained on the bounty of
THAT Institution, who shall be allowed to complete their
EDUCATION AT THE SoUTH CAROLINA CoLLEGE.
WHEREAS, from the number of orphan children from every part of
this State, educated and supported by the munificence of the citizens of
Charleston, in the Orphan House of that city, an ample opportunity is offer-
ed of making a judicious selection of talents and genius ; in order, there-
iore, to further the patriotic and liberal views of the patrons of that insti-
tution,
L Be it enacted, by the Honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the au-
thority of the same. That from and immediately after the passing of this
Act, the commissioners of the Orphan House in the city of Charleston
khall be, and they are hereby, authorized and empowered to select, annually,
one youth from the number educated and maintained on the bounty of that
institution, for the purpose of completing his education at the South Caro-
lina College, graduate and receive the degrees conferred at the said
College.
H. And he it further enacted hy the SMihonty aLfoxesoiA, That the Trus-
tees, the President and Professors, shall be, and they are hereby, directed
to receive and cause to be educated and allowed to graduate at the South
Carolina College, the boys to be selected as aforesaid ; subject, nevertheless,
to all the rules, orders and regulations of the said South Carolina Col-
lege.
HL And he it further enacted by the authority aforesaid, That all
expense incident to the education and maintenance of the said boys so
to be selected, (clothing excepted,) shall be defrayed from the amount
annually appropriated by the Legislature to the South Carolina College.
IV. And be it further enacted by the authority aforesaid. That as the
youths so chosen shall graduate, or in case of the death, expulsion or
OF SOUTH CAROLINA. 133
Acts relating to the City of Charleston. A. D. 1812.
removal of them, or any of them, the commissioners aforesaid are hereby
authorized and unpowered to jfill up any vacancy occasioned thereby.
V. And be it further enacted by the authority aforesaid, That the sum
of one hundred and forty dollars be, and is hereby, annually appropriated
for the cloathing of each of the said boys while they remain at the said
College ; Provided nevertheless , that they shall not continue beyond the
term usually allowed to candidates for the first degree.
VI. And be it further enacted by the authority aforesaid. That all Acts
and parts of Acts repugnant hereto, be, and the same are hereby, re-
pealed.
In the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand eight hundred and eleven, and in the thirty-sixlh year of the Independence
of the United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatives.
AN ACT TO AMEND AN AcT ENTITLED " An Act TO AUTHORIZE THE No. 2016.
OPENING AND WIDENING OF StATE,LATE MoTTE AND UnION-STREETS,
IN THE City of Charleston, in such manner and under such
PROVISIONS AS ARE HEREIN SPECIFIED."
WHEREAS, by an Act passed on the twenty-first day of December, in
the year of our Lord one thousand eight hundred and eleven, entitled "An
Act to authorize the opening and widening of State, late Motte and
Union-streets, in the city of Charleston, in such manner and under such
provisions as are herein specified," it is provided that owners of lots in
the aforesaid street shall pay one half or moiety of the damages to be
assessed by the commissioners therein appointed, in consequence of their
particular and local advantage resulting therefrom ; but no provision is
therein made to enforce the payment of their respective proportions of the
assessment, to be made by the said commissioners, nor for making final
their assessment, made pursuant to the said Act.
I. jBc it therefore enacted, by the Honorable the Senate and House of Re-
presentatives, now met and sitting in General Assembly, and by the autho-
rity of the same, That the assessments which have, or may hereafter be
made, by the commissioners appointed and empowered to assess and make
an estimate of the damages which shall or may be sustained by owners of
lots and houses lying on or near the said street, or any other person, by
reason of the widening of the said street, be, and the same is hereby de-
clared to be, final and conclusive between all and every person or persons
interested therein ; and if any person or persons who are or may hereafter
be liable to pay any part or portion of the assessment made or to be made
by the said commissioners in pursuance of the aforesaid Act, shall, after
having had ten days notice of the amount of his or their proportion of the
said assessment, refuse to pay and satisfy the same, it shall and may be
lawful for the intendant and wardens of the city of Charleston to advertise
and sell, according to the laws regulating sheriffs sales, all and every
such house or houses, lot or lots, on account of which any proportion of
134, . STATUTES AT LARGE
A. I).I8I4. Acfs relating to the City of Charleston.
the said assessment mav be due or owing, returning the overplus, (if any
should remain after the payment of the fees accruing on such sale,) to
the person entitled to receive the same ; and the said houses and lots, and
each and every of them, are hereby declared to be bound for and chargea-
ble with the payment of their respective proportions of the said assess-
ments.
II. And he it further enacted by the authority aforesaid. That the said
commissioners shall be, and they are hereby, authorized and empowered
to take possession of every lot or lots, part or parts of lots or lots, and to
remove all houses, buildings, fences or other obstructions therefrom, as may
be necessary for the opening and widening of the said streets.
fn the Senate House, ilie eighteenth day of December, in the year of our Lord one
thousand eight hundred and twelve, and in the thirty-seventh year of the indepen-
dence of the United States of America.
SAMUEL WARREN, President of the Se?iate.
JOHN GEDDES, Speaker of the House of Representatives.
No. 2059. AN ACT to appoint certain Commissioners for the purpose of
ASSESSING the VALUE OF CERTAIN LaNDS IN THE PARISH OF St.
Philip's, on which Fortifications are now erecting for the
DEFENCE of CHARLESTON; AND FOR OTHER PURPOSES THEREIN MEN-
TIONED.
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 Keating Simons, Robert Little, Barth. Carroll, John J.
Bulaw, and Samuel Robertson, shall be, and they are hereby, appointed
commissioners to assess the lands in the parish of St. Philip''s, in the dis-
trict of Charleston, on which fortifications are now erecting for the defence
of Charleston on the land side, and also such a number of feet, both in
front and rear of the said works, as by them may be deemed necessary for
the defence and protection of the same, and to contract with the owners
of the said lands for the purchase thereof for the use of the State.
II. And be it further enacted by the authority aforesaid. That in case
the owners of the said lands be not satisfied with the assessment and valu-
ation made by the commissioners above mentioned, that they are hereby
authorized, impowered and required, to appoint an equal number of com-
missioners with those above named, on their part, for the purpose of ma-
king the valuation of the said lands ; and that the commissioners above
named, and such as may be appointed by the owners of the said lands, or
a majority of them, shall value and assess the same.
III. And be it further enacted by the authority aforesaid, That in case
of vacancies happening in the number of commissioners above named, by
death, resignation, or otherwise, the Governor for the time being shall fill
such vacancy or vacancies, by appointment.
IV. And be it further enacted by the authority aforesaid. That incase
the commissioners named, and those who may be appointed in pursuance
OF SOUTH CAROLINA. 135
Acts relating to the City of Charleston. A I). 1815.
of any of the provisions of this Act, or a majority of them, should not
agree in making the vakiation and assessment of the said lands, the Gover-
nor for the time being shall nominate and appoint a fit and proper person,
as umpire, to make an assessment and valuation of the said land, which
assessment and valuation is hereby declared to be final and conclusive, as
respects the owners of the soil.
V. And be it further enacted by the authority aforesaid, That the valu-
ation and contract for the lands aforesaid, shall be laid before the Legisla-
ture, at their next session, and shall not be binding on the State until the
same be approved of by them.
In the Senate House, the sixteenth day of December, in the year of our Lord one
thousand eight hundred and fourteen, and in the thirty ninth year of the Indepen-
dence of tiie United States of America.
JAMES R. PRINGLE, President of the Senate.
THOMAS BENNETT, S2yeakcr of the House of Representatives.
AN ACT TO CONFIRM TIIE DIVISION OF TIIE CiTY OF CHARLESTON N
INTO FOUR Wards, as directed by an Act passed 19th Decem-
ber, 1809 ; AND FOR OTHER PURPOSES THEREIN MENTIONED.
WHEREAS, by a late decision of the constitutional court, declaring
certain ordinances, passed by the city council, nugatory, in consequence of
an unauthorized alteration of the wards in 1805, doubts may arise as to
the legality of the division made in obedience to the Act of 1809, and
other great inconveniences may result to the people of Charleston :
L Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of the
same. That the present division of the city of Charleston into four wards
or divisions, the boundaries thereof, and the apportionment of wardens for
the respective wards, be, and the same are hereby, confirmed ; and that all
elections of intendants and wardens had, all ordinances passed, and all
acts and deeds done by them, on and since the first Monday in September,
1805, be, and the same are hereby, confirmed and made valid and effectual,
to all intents and purposes whatsoever; provided such ordinances, acts and
deeds be not contrary to nor exceed the powers granted by law to the
intendant and wardens of Charleston.
n. And be it further enacted by the authority aforesaid , That the territo-
rial jurisdiction of the corporation of the city of Charleston, shall extend
to the channel of Cooper and Ashley rivers, its northern boundary being
the same as is now declared by law.
In the Senate House, the thirteenth day of December, in the year of our Lord one thou-
sand eight hundred and fifteen, and in the fortieth year of the Independence of
the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOMAS BENNETT, Speaker of the House of Representatives.
STATUTES AT LARGE
Acts relating to the City of Charleston.
No. 2113. AN ACT. TO open and extend Pinckney-street, in the City of
Charleston, to Meeting-street.
WHEREAS, a large majority of the freeholders in the city of Charles-
ton, holding lands in the said city, between the western termination of
Pinckney-street in the said city, and Meeting-street, are desirous that
Pinckney-street should be further extended westwardly, until it intersects
Meeting-street, and have petitioned the city council to apply to the Legis-
lature to accomphsh that object :
L 5e it therefore enacted, by the Honorable the Senate and House of
Repretentatives, now met and sitting in General Assembly, and by the
authority of the same. That the said street called Pinckney-street, be
further extended westwardly, until it intersects Meeting-street, according
to the map or plan submitted to the said city council by John Wilson, Esq.
city surveyor.
n. And he it further enacted hy the authority aforesaid. That nine free-
holders shall be appointed, the party interested appointing four, and the
said city council four, which eight persons shall appoint the ninth, to award
full compensation to those who may be injured, and to assess the parties
who may be benefitted, after a full and fair examination of the premises,
on oath, to accomphsh such object; and that upon the death, resignation
or refusal to serve of any of the said freeholders, that those who remain
and agree to act, shall have full power to nominate a successor or succes-
sors, to fill such vacancy in the appointment, and to complete the objects
of this Act.
Id the Senate House, the seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and sixteen, and in the forty -first year of the Independence of
the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOMAS BENNETT, Speaker of the House of Representatives.
No. 2144. AN ACT to appoint a Board of Commissioners for the City of
Charleston, with power and authority to declare in what
CASES THE Streets, Lanes and Alleys of the City shall be
WIDENED ; AND TO PROVIDE FOR CARRYING INTO EXECUTION THE
OBJECTS OF THE SAID BoARD ; AND FOR OTHER PURPOSES THEREIN
MENTIONED.
I. Be it enacted by the Honorable the Senate and House of Representa-
Streetsand tives, now met and sitting in General Assembly, and by the authority of
alleys, how to ^^^ same. That from and after the passing of this Act, whenever the city
be widened. council of Charleston shall think it expedient to widen any street, alley or
lane, they shall first submit the plan of the intended improvement to a
board of nine commissioners, to be named and appointed, from time to
time, by the Legislature ; and if approved and sanctioned by the said
board, then the said city council shall have full power to purchase the lots
fronting on such street, alley or lane, and the fee simple of such lot or
lots shall be vested in the city council from the date of the deed of sale.
OF SOUTH CAROLINA. 137
Ads relating to the City of Charleston. A. D. 1R17.
II. And be it further enacted by the authority aforesaid, That in case
any owner or owners of said lot or lots, fronting on such street, alley or (Q°p"|',^"^g*|jJ^"
lane, shall refuse to sell his, her or their lot or lots, or shall demand for the lots,
same what may be deemed an unreasonable price by the city council, then
the city council shall nominate and appoint not less than three freeholders,
resident in the city, who shall meet an equal number, to be named and
appointed on the part of the owner or owners, to determine and fix upon
the true and real value of such lot or lots, with full power in the commis-
sioners appointed as aforesaid, in case of disagreement, to call in one other
commissioner ; and on the city council paying the full value of said lot or
lots, fixed and determined on in the manner above designated, the fee
simple of the said lot or lots shall be vested in them.
III. And be it Jurther enacted by the authority aforesaid. That in case
of neglect or refusal, on the part of the owner or owners of the lot or lots
to be valued, within ten days after the notification in writing, of the ap-
pointment of the commissioners, as herein directed, the board of commis-
sioners hereby appointed, or a majority of them, on the application of the
city council, are hereby authorized to name and appoint such commission-
ers, whose decision, in concurrence with those appointed by the city coun-
cil, shall be final and conclusive.
IV. And be it further enacted by the authority aforesaid. That the city
council of the city of Charleston shall have full power and authority. Low lots to be
with the concurrence and approbation of the board appointed by the Legis-"'"'""®''"'"''"^''
lature, to compel the owners of low lots within the said city, to drain the
same, if such draining be practicable, or to fill the same to the level of the
streets on which such lots are fronting ; also to compel the owner or owners
of cellars occasionally filled with water, to cause the same to be pumped
out, or otherwise carried oflf, within five days, or to fill up the same, if
deemed requisite by the commissioners appointed by this Act, within two
weeks from notification being given in writing to such owner or owners ;
and in case of neglect or default, they shall be subject to such penalties as
shall be prescribed by the city council ; and in case the owner or owners
of such low lot or lots, or cellars, upon such notice being given, shall ne-
glect or refuse to fill up such low lot or lots, or cause the water in their
cellars to be pumped out, or otherwise carried off, the same shall be done
by the city council ; and they are hereby authorized and impowered to
issue a warrant, and collect the expenses arising from the same, or the
accrued value of such lots.
V. And be it further enacted hy the authority aforesaid. That the expen-
ses incurred and to be incurred by opening and continuing Pinckney-street Opening of
to Meeting street, as the Act of the seventeenth day of December, eigh- g,'^ggf ' j^^^ jo
teen hundred and sixteen directs, shall be assessed and collected in the be paid for.
same manner and according to the principle followed in the assessment
of the expenses incurred by the widening of State-street.
VI. And be it further enacted by the authority aforesaid , That Keating
Simons, Thomas Roper, Thomas Bennett, Dr. Joseph Johnson, ^^'^^s^^^^^l^^^''^'^
Jervais, Christopher Fitzsimons, Henry Horlbeck, John C. Faber, and
Charles B. Cochran, be, and they are hereby appointed, commissioners for
the purpose of carrying into effect the provisions of this Act ; and in case
of the death, resignation or absence from the State, of any of the said
commissioners, it shall and may be lawful for the said board, or a majority
of them, to fill up such vacancy or vacancies.
VII. And be it further enacted by the authority aforesaid, That the city
VOL. Vn.— 18.
>:38 STATUTES AT LARGE
A. I). 1817. Acts rclatmg to the City of Charleston.
council of Charleston shall be, and they are hereby, impowered to make
^e smif<^irteii-"^*^^^S^*^ *^^® south side of Broad-street, by taking possession of so much of
ed. ° the lot of land belonging to Robert Limehouse as will be necessary for
that purpose, upon the city council of Charleston paying the said proprie-
tor of the piece of land so to be taken for public use, such assessment or
valuation as may be adjudged and assessed by the commissioners, or a
majority of them, appointed under this Act ; and such assessment shall be
final and conclusive.
VIII. And whereas, narrow and confined streets, lanes and alleys, are
Streets hereaf- J -gg^^yg^j^^g^ggj^yg to evcry city, exposing buildings so situated to great
wide. danger from fire, and the inhabitants thereof, by close and confined air, to
malignant diseases: ^eit therefore enacted by the authority aforesaid. That
from and immediately after the passing of this Act, no street, lane, alley
or court, shall be opened, laid out, extended or established, within any
part of the city of Charleston, less than sixty feet, and until the same
shall be previously approved by the commissioners of the streets of said
city.
IX. And he it further enacted by the authority aforesaid, That this Act
This a public ^^all be deemed and taken as a public Act, and shall and may be given in
Act. evidence in any court of law or equity in this State, without being specially
pleaded ; any thing to the contrary notwithstanding.
X. And he it further enacted by the authority aforesaid , That the city
Coroner. council of Charleston shall be, and they are hereby, authorized and im-
powered to elect, annually, a coroner for the parishes of Saint Philip and
Saint Michael, who shall exercise the same power and authority as are
vested in coroners by the laws of this State ; any law to the contrary
thereof notwithstanding.
In the Senate House, the seventeentli day of December, in the year of our Lord one thou-
sand eight hundred and seventeen, and in the forty-second j'ear of the Indepen-
dence of the United States of America.
JAMES R. PRINGLE, President oj the Senate.
THOMAS BENNETT, Speaker of the House of Representatives..
No 2145. AN ACT to alter and amend so much of the second Clause of
THE Charter incorporating the City op Charleston, as re-
lates TO the qualification of voters for Intendant and War-
dens ; and for other purposes therein mentioned.
I. Be it enacted, by the Honorable the Senate and House of Representa-
Qualitication tives, now met and sitting in General Assembly, and by the authority of the
of voters. same, That from and immediately after the passing of this Act, all free
white inhabitants of the city of Charleston, who are constitutionally
qualified to vote for members to represent the State in either branch of the
Legislature, shall and may be entitled to vote for intendant and wardens
of the said city of Charleston.
II. And he it further enacted by the authority aforesaid. That three
months preceding such election, a book shall be opened by the city treasu-
rer, (of which he shall give due notice,) in which the names of all
OF SOUTH CAROLINA. 139
Act!> rzlating to tlic City of Charleston. A. D. I sir.
persons who have not paid a tax to the city for the preceding year, shall j^^_^^^^ ^^^ j^^
be inscribed at least one month before such election, which book shall be ,.ggigjf,Y .,'|^ .l^j..
placed by the city treasurer in the hands of the managers of such election,
and no person whose name is not found on the tax books of the city for the
preceding year, or on the register or book hereby directed to be opened,
shall be permitted by the said managers to vote at such election ; and the
managers of such election are hereby authorized and empowered to
administer, if they shall see fit, an oath, to any person or persons offering
to vote, and to make all other necessary inquiries for the purpose of ascer-
taining whether such person or persons are qualified to vote under this law.
III. And be it further enacted hy i\\e authority aforesaid, That it shall
be the duty of the city treasurer, previous to such election, to cause to be ^^'^^^ J|^^J|"
transcribed from the city tax books, the names of all persons who shall
have paid a tax to the city for the preceding year, with a list of the names
of such persons as have not paid a tax, but have enrolled their names as
directed by this Act, and to transmit the same to the managers of said
election, previous to the day of such election.
IV. And be it enacted hy the authority aforesad, That if any person or
persons shall be convicted of having wilfully taken a false oath before Per?ons swpar-
such managers of such elections, he or they shall be liable to a prosecution ij^^^ punisheci.
for perjury, and on conviction, shall be subject to all the pains and penal-
ties which are by law inflicted upon those who are convicted of that offence.
v. And be itftcrther eyiactpd by the authority aforesaid. That the war-
dens of the city of Charleston shall hereafter be elected by a general
ticket, in the manner following, that is to say ; the city council of Charles- ^^3^,'!.';",%'° '''^
ton shall appoint such places of election as they may think proper, where general ticket.
all the citizens legally entitled to vote may attend and give their suffrages.
That the three candidates in ward No. one, who shall have the highest
number of all the votes given in the city, shall be declared duly elected
wardens for ward No. one; the two Candidates in ward No. two, who
shall have the highest number of votes as aforesaid, shall be declared duly
elected wardens for ward No. two ; the three candidates in ward No. three,
who shall have the highest number of votes as aforesaid, shall be declared
duly elected wardens for ward No. three ; and the four candidates in ward
No. four, who shall have the highest number of votes as aforesaid, shall be
declared duly elected wardens for ward No. foiu- ; and the same rule shall
be observed whenever the number of wardens for aiiy of the said wards
shall be increased or diminished , as is prescribed by an Act passed for the
purpose of fixing the representation from time [to time] within the said city
of Charleston ; Provided, that the persons so to be elected for each ward,
shall at the time of election, in addition to the other qualifications pre-
scribed by law, be residents of the ward for which they are elected ; and
that on removal from the same, his or their office sliall become vacant, and
a new election be ordered by the city council of Charleston.
VI. And be it further enacted by the authority aforesaid. That the elec- £|gj.ji,^,, Ti-
tian for an intendant of the city of Charleston, shall be held on the same intendnnt.
day and at the same places at which the election for wardens shall be
held ; and that the intendant then in office shall continue to act until his
successor shall attend and qualify.
In the Senate House, the eighteenth day of December, in the year of our Lord one thou-
sand eight hundred and seventeon, and in the forty-second year of the Independence
of the United States of America,
JAMES R. PRINGLE, President of the Senate.
THOMAS BENNETT, Speaker of the House of Representatives,
140 STATUTES AT LARGE
A. D. 1818. Jlcts relating to the City of Charleston.
No. 2151. AN ACT to enable the City Council of Charleston to cakky
INTO MORE complete EFFECT THE QuARENTINE LaWS.
WHEREAS, it has been represented to the L#egislature by the city
council of Charleston, that vessels arriving at that port, and liable to the
performance of Quarantine, are by the present arrangements subjected to
many inconveniences, and that the funds appropriated by the State are
insufficient to make suitable provision for the safe keeping of the cargoes
of such vessels, or for the proper care of the sick.
I. Be it therefore enacted by the Senate and House of Representatives,
now met and sitting in General Assembly, and by the authority of the
same, That the sallary heretofore allowed to the keeper of the Lazaretto be,
and the same is hereby, discontinued, and that in lieu thereof, the sum of
one thousand dollars per annum be paid to the city council of Charles-
ton, to be applied by them in any manner they may deem expedient for
the accomplishment of the objects of the quarantine laws.
In the Senate House, the seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and seventeen, and in the forty -second year of the Independence
of the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOMAS BENNETT, Speaker of the House of Representatives.
No. 2198. AN ACT to alter and amend an Act entitled "An Act to ap-
point A Board of Commissioners for the City of Charleston,
with power and authority to declare in what cases the
streets, lanes and alleys of the City shall be widened."
L Be it enacted, by the Honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same, That from and after the passing of this Act, it shall and may
be lawful for the city council of Charleston, by and with the approbation
and sanction of the Board of commissioners appointed for carrying into
effect the provisions of the Act of General Assembly, passed on the seven-
teenth day of December, in the year of our Lord one thousand eight hun-
dred and seventeen, entitled " An Act to appoint aboard of commissioners
for the city of Charleston, with power and authority to declare in what
cases the streets, lanes and alleys of the city shall be widened," to open,
lay out, extend and establish, any street, lane, alley or court, in the city of
Charleston, and to make such street, lane, alley or court, of such width, as
to them, in discretion, may seem meet.
n. And he it further enacted by the authority aforesaid, That so much
of the Act of General Assembly, passed on the seventeenth day of De-
cember, in the year of our Lord one thousand eight hundred and seventeen,
entitled " An Act to appoint a board of commissioners for the city of
Charleston, with power and authority to declare in what cases the streets,
lanes and alleys of the city shall be widened," as directs that no street, lane,
alley or court, shall be opened, laid out, extended or established in the
OF SOUTH CAROLINA. 141
Acts relating to the City of Charleston. A. D. 1819.
city of Charleston, less than sixty feet, be, and the same is hereby, re-
pealed.
III. And he it further enacted by the authority aforesaid, That James
Nicholson is hereby appointed a commissioner, in addition to those now
appointed, for the purpose of carrying into effect the provisions of the
aforesaid Act.
IV. And be it further enacted by the authority aforesaid. That the city
council of Charleston shall, and they are hereby authorized and empow-
ered to, appoint and cause commissioners to be appointed, to assess, levy
and collect the damages which may be sustained , and the advantages to be
derived, by the owners of lots and houses fronting on any street, lane, alley
or court, to be opened, widened or extended as aforesaid, in the same man-
ner and according to the principles contained in and declared by an Act
passed for the widening or enlargement of Motte and Union-streets, passed
in the year one thousand eight hundred and ten, and the amendatory Acts
thereto, passed in the year one thousand eight hundred and eleven, and one
thousand eight hundred and twelve.
In the Senate House, the eighteenth day of December, in tlie year of our Lord one
thousand eight hundred and eighteen, and in the forty-tliird year of the Indepen-
dence of the United States of America.
JAMES R. PRINGLE, President of the Senate.
PATRICK NOBLE, Speaker of the House of Representatives.
AN ACT TO ALTER AND AMEND AN AcT ENTITLED " An AcT TO No. 2214.
ALTER AND AMEND SO MUCH OF THE SECOND CLAUSE OF THE CHAR-
TER INCORPORATING THE CiTY OF ChARLELTON, AS RELATES TO THE
QUALIFICATION OF VOTERS FOR InTENDANT AND WaRDENS ; AND FOR
OTHER PURPOSES THEREIN MENTIONED," PASSED ON THE EIGHTEENTH
DAY OF December, in the year of our Lord one thousand
EIGHT hundred AND SEVENTEEN.
WHEREAS, it is right to guard the elective franchise from abuse, and
to preserve purity in the exercise of it, and no mode consistent with the
extensive use of this right, is deemed so effectual for the accomplishment
of this great and desirable object, in a populous city, as the establishment
of a registry of the names of all the voters, prior to the election :
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 an Act entitled "An Act to alter and amend
so much of the second clause of the charter incorporating the city of
Charleston, as relates to the qualification of voters for ihtendant and war-
dens, and for other purposes therein mentioned," passed on the eighteenth
day of December, in the year of bur Lord one thousand eight hundred and
seventeen, be so far altered, as that the operation of the said Act shall
extend to all persons qualified to vote for intendant and wardens of the
city of Charleston ; and that the said voters shall register their names at
least one month before the day of election.; and at the time of registering
142 STATUTES AT LARGE
A. D. 1821. Acts relating to the City of Charleston.
their names, likewise register the place of their residence ; but that after
registering their names and places of residence, prior to any election, it
shall not be necessary to register the same for any future election.
II. And he it further enacted by the authority aforesaid, That the man-
agers of the election shall read to each person who offers to vote, that
part of the constitution which relates to the quahfication of voters, and
shall administer to him the oath prescribed by the same.
In the Senate House, the eighteenth day of December, in the year of our Lord one thou-
sand eight hundred and nineteen, and in the forty-fourth year of the Indepen-
dence of the United States of America.
BENJAMIN HUGER, President of the Senate.
PATRICK NOBLE , Sj)eaker of the House of Representatives,
No. 2266. AN ACT to invest the Citv Council of Charleston with power
TO GRANT Licences to retail Grocers, and persons retailing
on the Wharves of Charleston.
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 city council of Charleston shall have power to grant
Ucenses, under any regulations they shall impose, or to refuse them at their
discretion, to grocers of the said city selling at retail, and also to any other
person or persons whomsoever, selling at retail within the harbour of
Charleston, or on the deck of any vessel, or on any of the wharves of the
said city, in as full and ample a manner as they now have in granting
and refusing licences to sell to retailers of spirituous liquors ; and may
demand for every such license a sum to be fixed at their discretion.
[n the Senate House, the twentieth day of December, in the year of our Lord one thou-
sand eight hundred and twenty-one, and in tlie forty-sixth year of the Independence
of the United States of America.
BENJAMIN HUGER, President of the Senate.
PATRICK NOBLE , Speaker of the House of Representatives.
No. 2302. AN ACT to vest power in the City Council of Charleston to
prevent the retailing of Spirituous Liquors without a license.
WHEREAS, doubts exist whether the city council of Charleston have
the power to pass any ordinance imposing a penalty on retailers of spiritu-
ous liquors without a license , and to recover it by process in the city court :
I. Be it enacted, by the the Senate and House of Representatives, in
General Assembly met and sitting, That from and after the passing of this
Act, the city council of Charleston be, and they are hereby, vested with
power to pass any ordinance or ordinances imposing a penalty or penalties
OF SOUTH CAROLINA. 143
Acts relating to the City of Charleston. A. D. 1823.
on retailers of spirituous liquors, selling without a license within the cor-
porate limits of the city of Charleston, and to recover the same in the
city court, or any other court having jurisdiction of the amount of said
penalty or penalties.
II. Be it further enacted by the authority aforesaid , That the cit}^ coun-
cil of Charleston be, and they are hereby, vested with full power to pass
any ordinance or ordinances relative to the retailing of spirituous liquors
within the corporate limits of the city of Charleston, and to affix such
penalties as may be necessary to prevent their violation.
III. Be it further enacted by the authority aforesaid. That all laws re-
pugnant to this Act be, and the same are hereby, repealed.
In the Senate House, the twentieth day of December, in the year of our Lord one
thousand eight hundred and twenty-three, and in the forty-eighth year of the Sove-
reignty and Independence of the United States of America.
JACOB BOND rON, President of the Senate.
PATRICK NOBLE, Speaker of the House of Representatives.
AN ACT TO GIVE TO THE CiTY CoUIVCIL OF CHARLESTON THE POW- No. 2386.
ER TO REGULATE THE MEASURING OF GrAIN SOLD WITHIN THE
LIMITS OF THAT CORPORATION.
I. Be it enacted, by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same. That from and after the passing of this Act, the city coun-
cil of Charleston shall have full power and authority to regulate and con-
trol the sale of grain, by measurement or weight, or both, sold within the
corporate limits of the city, in such manner as will insure a fair, equal and
uniform sale and measurement of the same.
In the Senate House, on the twentieth day of December, in the year of our Lord one
thousand eight hundred and twenty-six, and in the fifty-first year of the Inde-
pendence of the United States of America.
JACOB BOND rON, President of the Senate.
JOHN B. O'NEALL, Speaker of the House of Representatives,
AN ACT TO AMEND AN AcT ENTITLED " An AcT TO APPOINT A No. 2407.
Board of Commissioners for the City of Charleston, with
POWER AND AUTHORITY TO DECLARE IN WHAT CASES THE StREETS,
Lanes and Alleys of the City shall be widened, and to pro-
vide FOR CARRYING INTO EXECUTION THE OBJECTS OF THE SAID
Board ; and for other purposes therein mentioned."
WHEREAS , by the fourth section of an Act of the General Assembly
of this State, passed the seventeenth of December, in the year one thou-
sand eight hundred and seventeen, entitled "An Act to appoint a board
of commissioners for the city of Charleston, and for other purposes there.
in mentioned," it was provided that the said board of commissioners should
144 STATUTES AT LARGE
A. D. 1827. ^Qig relating to the City of Charleston.
concur in the exercise of the powers therein granted to the city council of
Charleston, in relation to low lots and cellars within the city of Charles-
ton ; and whereas, it has been frequently found impracticable to obtain a
meeting and concurrence of the said board, when it was necessary to act
with promptness :
I. Be it therefore enacted, by the Honorable the Senate and House
of Representatives, now met and sitting in General Assembly, and by the
authority of the same. That so much of the fourth section of the Act
aforesaid, as requires the concurrence of the said board of commissioners,
in the exercise of the powers therein specified, be, and the same is hereby,
repealed ; and that all the power and authority aforesaid, be, and the same
is hereby, vested exclusively in the city council of Charleston.
In the Senate House, the nineteenth day of December, in the year of our Lord one
thousand eight hundred and twenty-seven, and in the fifty-second year of the
Independence of the United States of America.
JACOB BOND rON, President of the Senate.
JOHN B. CNEALL, Speaker of the House of Representatives.
No. 2512. AN ACT to authorize the City Council of Charleston to fill
UP LOW Lots and Grounds in the City of Charleston, in cer-
tain cases ; AND FOR OTHER PURPOSES.
L Be it enacted, by the Senate and House of Representatives, That
whenever the city council of Charleston shall be of opinion that any lots
or grounds within the city of Charleston, belonging to any person or per-
sons, body or bodies corporate, are in a state of nuisance, or so situated,
that in warm and unhealthy seasons, a nuisance may thereby be created,
and the health of the citizens endangered ; or whenever the land or streets
in the vicinity of said lots may become hable to injury therefrom, the city
council of Charleston shall have full power and authority to cause a
notice to be served on the owner or owners of such lots or grounds, direct-
ing him or them to have the same filled up, to such extent, in such manner,
with such materials, and within such reasonable time, as may be pre-
scribed in such notice ; and in case the owner or owners of such lot or
grounds shall neglect or refuse to fill up said lots or grounds, in conformity
with the said notice, that then the said city council are hereby authorized
and impowered to have such lots and grounds filled up, to such extent and
in such manner as they may think fit.
n. All expenses and charges paid or incurred by the said city council,
in case such lots or grounds shall be filled up under their authority and
direction as aforesaid, shall and may be recovered, with interest and costs
of suit, in an action of debt, to be brought by said city council, in the
court of common pleas, against the owner or owners of such lots or
grounds ; provided the said expenses and charges do not exceed more than
half the value of said lots or grounds.
In the Senate House, the eighteenth day of December, in the year of our Lord one thou-
sand eight hundred and thirty, and in the fifty-fifth year of the Independence of the
United States of America.
H. DEAS, President of the Senate.
H. L. PINCKNEY, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
Acts relating to the City of Charleston.
AN ACT TO REPEAL AIV AcT E>^TITLED "An AcT TO EXEMPT THE No. 2604.
MEMBERS OF THE VlGILANT, PhCENIX, ^TjN'A , A^J) CHARLESTON FiRE
EnGIIVE C0MPA^IES OF CHARLESTON, FROM JuRY DUTY."
I. Be it enacted , by the honorable the Senate and House of Rep-
resentatives of the State of South CaroHna, now met and sitting in
General Assembly, and by the authority of the same. That an Act entitled
"An Act to exempt the members of the Vigilant, Phoenix, ^tna, and
Charleston Fire Engine Companies of Charleston, from jury duty," passed
the seventeenth day of December, in the year of our Lord one thousand
eight hundred and thirty-one, be, and the same is hereby, repealed.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and thirty-three, and in the fifty-eighth year of the Indepen-
dence of the United States of America.
H. DEAS, President of the Senate.
PATRICK NOBLE , Sj^ealcer of the House of Representatives.
AN ACT TO AUTHORIZE THE CiTY CoUNCIL OF CHARLESTON TO SHUT No. 26.51.
UP CERTAIN Streets near the Market in Charleston ; and for
OTHER purposes.
I. Be it enacted, by the Senate and House of Representatives, now
met and sitting in General Assembly, and by the authority of the same,
That the city council of Charleston be, and they are hereby, authorized
and impowered to shut up, close and discontinue, any of the streets, lanes
and alleys, within the square in the city of Charleston, bounded by Pinck-
ney-street on the north, Anson-street on the east. Market-street on the
south, and Meeting-street on the west ; and to open, lay out, extend and
establish any new streets, lanes or alleys, within those limits, of such width
and dimensions as by the said city council may be deemed expedient.
II. And be it further enacted, That the lands now forming any of the
streets, lanes and alleys within the limits herein designated, which may be
shut up, closed and discontinued by the city council, under the authority
of this Act, be, and the same arc hereby, vested in the city council of
Charleston in fee simple.
III. And he it further enacted. That in case any owner or owners of any
lot or lots in fee simple or in leasehold, with the building or buildings
thereon, fronting on such street, lane or alley, which may be closed up
and discontinued under the authority of this Act, or through which any
new street may pass or be made, shall refuse to sell his, her or their lot or
lots, leasehold or buildings, or shall demand lor the same what may be
deemed by the city council an unreasonable price, then the city council
shall nominate and appoint not less than three freeholders, resident in the
city, who shall meet an equal number, to be named and appointed on the
part of such owner or owners, to determine and fix upon the true and real
value of such lot or lots, leasehold or buildings, with the full power in the
commissioners appointed as aforesaid, in case of disagreement, to call in
VOL. VII 19.
146 STATUTES AT LARGE
A. D. 1835. Acts relating to the City of Charleston.
one other commissioner ; and on the city council paying the full value of
such lot or lots, leasehold or buildings, fixed and determined in the manner
above designated, the absolute estate of the said lot or lots, leasehold and
buildings, shall be vested in them.
IV. Ajid he it further enacted. That in case of the neglect or refusal
of the owner or owners of the lot or lots, leasehold or buildings, to be
valued as aforesaid, to appoint freeholders on their part, to meet those ap-
pointed by the city council, within ten days after notification in writing
of the appointment of the commissioners on the part of the city council,
the board of co:iimissioners appointed under the Act of 1817, to declare
in what cases streets, lanes and alleys of the city of Charleston shall be
widened, on the application of the city council, are hereby authorized to
name and appoint commissioners to act on the part of such owner or
owners, equal in number to those appointed by the council ; and full power
is hereby given to a majority of said joint commissioners, in case of disa-
greement as to the value of said lot or lots, leasehold or buildings, to call
in one other commissioner, and the decision of a majority of said joint
commissioners, or of said additional commissioner, so called in, upon their
disagreement as aforesaid, shall be final and conclusive.
V. And he it Jurther enacted, That all Acts and parts of Acts repugnant
hereto, be, and the same are hereby, repealed.
VI. And be it further enacted, That the field officers of the 4th brigade,
residing in the city of Charleston, be, and are hereby, authorized, by and
with the sanction and consent of the city council of Charleston, and Dr.
Henry Boylston, to enclose Inspection-street at both ends, with gates, and
to regulate the use of said street in such manner as they may deem proper.
In the Senate House, the nineteenth day oC December, in the year of otir Lord one
thousand eight hundred and thirty-five, and in the sixtieth year of the Sovereignty
and Independence of the United Stales of America.
H. DEAS, President of the Senate.
PATRICK NOBLE, Speaker of the House of Representatives.
No. 2674. AN ACT in relation to Mitchell's Alley, in the City of
Charleston.
I. Be it enacted, by the Serate and House of Representatives, now met
and sitting in General Assembly, and by the authority of the same. That
the city council of Charleston, if the said council concur in the expedience
of the measure, be, and the same is hereby, authorized and impowered to
cause MitchelFs alley, running from East Bay -street to Bedon's alley, in
the city of Charleston, to be permanently closed up at that end of Mitch-
elPs alley which terminates at Bedon's alley ; the expense whereof shall be
defrayed by the owners of lands and buildings adjacent to the last men-
tioned alley.
In the Senate House, the twenty -first day of December, in the year of our Lord one thou-
sand eight hundred and tliirty-si.x, and in the sixty-first year of the Sovereignty
and Independence of the United States of America.
PATRICK NOBLE, President of the Senate.
D. L. WARDLAW, Speaker of the House of Representatives.
OF SOUTH CAROLINA. 147
Acts relating to the City of Charleston. A. Da836.
AN ACT TO AUTHORIZE THE CiTY CoUNCIL OF CHARLESTON TO TAX No. 2675.
THE Income of persons resident without the said City, derived
FROM business CONDUCTED WITHIN THE CiTY.
I. Be it enacted, by the Senate and House of Representatives, now met
and sitting in General Assembly, and by the authority of the same, That
the city council of Charleston shall be, and they are hereby, vested with
power and authority to levy and collect such assessments and taxes on the
income and profit of persons resident without the limits of the city of
Charleston, derived from the pursuit of any faculty, profession or occupa-
tion conducted within the limits of the said city, as the said city council
may deem expedient for the safety, convenience, benefit and advantage of
the said city : provided, that no tax imposed upon the said persons, so
resident without the city, shall be at a greater rate than that laid upon per-
sons resident within the same.
In the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand eight hundred and thirty-six, and in the sixty-first year of the iSovereignty
and Independence of the United States of America.
PATRICK NOBLE, President of the Senate.
D. L. WARDLAW, Speaker of the House of Representatives.
AN ACT TO AUTHORIZE THE CiTY CoUNCIL OF CHARLESTON TO CLOSE JJq 2676
Amen-street in Charleston ; and for other Purposes.
I. Be it enacted, by the Senatt^ and House of Representatives, now
met and sitting in General Assembly, and by the authority of the same,
That the city council of Charleston be, and they are hereby, authorized
and empowered to shut up, close and discontinue Amen-street, extending
from Church-street to East Bay, in the city of Charleston, or such part
thereof as the said city council may deem expedient.
II. That in case any owner or owners of any lot or lots, in fee simple or
in leasehold, with the buildings thereon, fronting on said Amen-street,
which may be closed up and discontinued under the authority of this Act,
shall refuse to sell his, her or their lot or lots, leasehold or buildings, or
shall demand for the same what may be deemed by the city council an
unreasonable price, then the city council shall nominate and appoint not
less than three freeholders, resident in the city, who shall meet an equal
number to be named and appointed on the part of such owner or owners, to
determine and fix upon the true and real value of such lot or lots, leasehold
or buildings, with full power in a majority of the commissioners appointed
as aforesaid, in case of disagreement, to call in one other commissioner ;
and on the city council paying the full value of such lot or lots, leasehold
or buildings, fixed and determined in the manner above designated, the
absolute estate of the said lot or lots, leasehold and buildings, shall be ves-
ted in the said city council.
III. That in case of the neglect or refusal of the owner or owners of the
148 STATUTES AT LARGE
A. I >. 1036. Acts relating to the City of Charleston.
lot or lots, leasehold or buildings, to be valued as aforesaid, to appoint free-
holders on their part, to meet those appointed by the city council, within
ten days after notification in writing of the appointment of the commis-
sioners on the part of the city council, the board of commissioners ap-
pointed under the Act of eighteen hundred and seventeen, to declare in
what cases streets, lanes and alleys, of the city of Charleston, shall be
widened, on the application of the city council, are hereby authorized to
name and appoint commissioners to act on the part of such owner or own-
ers, equal in number to those appointed by the council; and full power is
hereby given to a majority of the said joint commissioners, in case of disa-
greement as to the value of such lot or lots, leasehold or buildings, to call
in another commissioner ; and the decision of a majority of the said joint
commissioners, or of said additional commissioner, so called in upon their
disagreement as aforesaid, shall be final and conclusive.
IV. That in case of the refusal of the commissioners appointed on
the part of the owner or owners of any of the lots, leasehold or buildings,
in case of disagreement with the commissioners on the part of the city
council, to call in one other commissioner as aforesaid, in the second
clause of this Act, it shall and may be lawful for the said commissioners
under the Act of eighteen hundred and seventeen, to call in such other
commissioner, whose award shall be final.
In the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand eight hundred and thirty-six, and in the sixty first year of the Sovereignty and
Independence of the United States of America.
PATRICK NOBLE, President of the Senate.
p. L. WARDLAW, Speaker of the House of Representatives.
No. 2680. AN ACT to alter and amend the Charter of the City of
Charleston ; and for other purposes therein mentioned.
I. 5e it enacted by the Senate and House of Representatives, now met
and sitting in General Assembly, and by the authority of the same. That
the name and title of the intendant and wardens of the respective wards
in the city of Charleston, as expressed in the Act passed the thirteenth
day of August, one thousand seven hundred and eighty-three, entitled
Title of city " An Act to incorporate Charleston," and in all other Acts to amend the
council Charter of the city, be changed to the name and title of the Mayor and
changed. Aldermen of the respective' wards in the city of Charleston ; and all laws
of the State, and ordinances of the city council of Charleston, relating
to the powers, election and term of ollice and duties of the said intendant
and wardens, shall be, and the same are hereby, made of force in rela-
tion to the Mayor and Aldermen of the city of Charleston, in the same
manner as if they, or either of them, had been therein specifically named
by that title ; and the said Mayor and Aldermen shall meet together in city
council with the same powers and authority as the said intendant and war-
dens under the Act before mentioned.
II. That the said Mayor and Aldermen of the city of Charleston shall
Their powers, be, and are hereby, respectively vested with, and shall exercise, the same
OF SOUTH CAROLINA. 149
Acts relating to the City of Charleston. A. n, 1836.
powers and authority that are now vested in and exercised by the inten-
dant and wardens of the wards of the city of Charleston, under any of
the Acts of Assembly and ordinances of the city council of Charleston.
III. That so much of the ninth section of the said Act entitled " An
Act to incorporate Charleston," as declares " no person shall be eligible ^^J^^'^j^jj^j.^''^^
to serve as intendant, (changed by this Act into the title of Mayor) for
more than three years in any term of five years," be, and the same is here-
by, repealed.
IV. That the said Mayor of the city of Charleston shall have power to
issue warrants, and cause all offenders against law to be brought before J^^^?*^ p"' ^'"''^
him, at the police court established under the ordinances of the city coun-
cil of Charleston, or at such other time and place as he may direct, and
either to release, admit to bail, (if the otience be bailable,) or commit to
the custody of the sheriff of Charleston district, who is hereby commanded
and required to receive the same, and keep in safe custody until discharg-
ed by due course of law; and the said Mayor shall, within the corporate
limits of the city, have and exercise all the powers of a Justice of the
Quorum ; and the said Mayor shall and may, by compulsory process, en-
force the attendance of witnesses who may be required to give testimony
before the said police court ; and shall and may punish as for contempt all
persons who may, in the presence of the said court, be guilty of any riotous
or disorderly conduct, or who may in any other manner unlawfully inter-
rupt the proceedings of the said police court.
V. That in case of the sickness or temporary absence of the Mayor of
the said city, the Aldermen shall appoint one of their number to act as In case of the
Mayor pro tempore, who shall for the time being exercise the powers and'J^j^^"^^ °^ '*^®
duties vested in the Mayor ; and the duty of the Mayor in holding the
police court, during such sickness or temporary absence of the Mayor,
shall devolve on the Aldermen in rotation ; and the said Mayor shall not,
by virtue of any temporary absence from the State with the consent of the
city council, vacate his office.
VI. That the city council of Charleston shall have power to levy fines
for all offences against their ordinances and bye-laws now existing, or Fines,
which may hereafter be passed , to any amount not exceeding one thousand
dollars for each such oflence, to be recoverable in the city court of Charles-
ton, or any other court having jurisdiction.
VII. It shall not be lawful for any officer or non-commissioned officer
of the city guard to exercise any of the powers of a Magistrate, in any
case of complaint by or against the said city guard, or any officer or
member thereof.
VIII. That no amendment to the charter of the said city, or alteration
of any of the laws relating to the city of Charleston, which require the Ainendmentsof
sanction of the Legislature, shall hereafter be made, unless the substance |''*^ cuychar-
of the amendment or alteration be published in some gazette of the city,
for thirty days previous to the application for such amendment or al-
teration.
In the Senate House, the twenty-first day of December, in the year of our Lord one
thousand eight hundred and thirty-six, and in the sixty-first year of the Sovereignty
and Independence of the United States of America.
PATRICK NOBLE, President of the Senate.
D. L. WARDLAW, Speaker of the House of Representative».
150
STATUTES AT LARGE
A, D. 1836.
Acts relating to the City of Charleston.
No. 2688. AN ACT for the better regulation of the Fire Department in
THE City of Charleston.
I. Be it enacted by the Senate and House of Representatives, now
Regulations of"^^^ ^^^ sitting in General Assembly, and by the authority of the same,
fire companies. That all and every fire engine, and other fire company, or company of
axemen, hereafter to be incorporated, the members of which are or shall
be residents in the city of Charleston, shall be, respectively, subject and
liable to the government of such ordinances, rules and regulations, for
the management and extinguishment of fires, the preservation and keep-
ing of the fire engines, and other apparatus of the respective companies,
in proper order, and for the training, exercising and inspecting of the said
fire engine, and other fire companies and their apparatus, as shall be
made, ordained and passed by the city council of Charleston, or by the
board of fire masters of the city of Charleston, by and with the sanction
and approbation of the said city council ; Provided, that the said compa-
nies shall not respectively be liable to be called out for exercise and inspec-
tion, oftener than four times during the year.
II. That no fire company of axemen, hereafter incorporated, shall consist
Their number, of more than fifty nor less than thirty men ; that neither of the said fire
engine companies shall consist of more than eighty nor less than thirty able-
bodied and efficient men ; and that the members of the said companies shall
be exempt from militia duty, except in times of invasion or alarm ; Provi-
ded, that if the number of the members of either of the said fire engine
companies, or other fire company, hereafter to be incorporated, shall, by
resignation or otherwise, fall short of the number required by this Act,
such company shall lose and forfeit all the privileges granted them by law,
and the members thereof shall be liable to perform military duty ; and
it shall be the duty of the intendant of the city of Charleston to inspect
said companies from time to time, and see that they do not consist of a
greater or less number of men than is herein prescribed.
III. And whereas, the duties assigned to the city constables at fires,
under the fire regulations recently adopted, are arduous and important, the
said city constables are hereby exempted from the performance of militia
duty, except in times of invasion or alarm ; Provided, the same shall not
exceed twenty-four.
IV. That the fire masters appointed by the city council of Charleston,
shall have the exclusive control over, and management of, all fire engines
and fire companies, at time of fires, and all persons in any ways em-
ployed in working said engines, or in doing duty in said companies, at
times of fire, are hereby strictly enjoined and required to obey and per-
form all orders and directions which they may receive from the said fire
masters, and none others; Provided always, that should no fire masters
be present, the said persons so employed do obey all orders given them
by the intendant and wardens present.
In the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand eiglit iuiiidred and thirty-six, and in the sixty-first year of the Sovereignty
and Independence of the United States of America.
PATRICK NOBLE, President of the Senate.
D. L. WARDLAW, Speaker of the House of Representatives
City Consta-
bles.
Fire Masters.
OF SOUTH CAROLINA.
Acts relating to the City of Charleston.
AN ACT ESTABLISHING A LiNE BEYOND WHICH THE WhARVES SHALL No. 2691.
NOT BE EXTENDED IN THE CiTY OF CHARLESTON ; AND FOR OTHER
PURPOSES.
I. Be it enacted, by the Senate and House of Representatives, now met
and sitting in General Assembly, and by the authority of the same, That Lji^j^g ^f
the line colored red, lettered A. B. C. D. E. F. G. H, as marked and laid wharves,
down on a plat of the wharves on the eastern boundary of the city of
Charleston, by Charles Parker, the city surveyor, dated the fifth day of
November, 1836, be, and the same is hereby, established as the line be-
yond which no wharf, or other building or structure whatever, shall here-
after be extended ; and if any person whatever shall, after the passing of
this Act, buikl, or cause to be built, or aid or assist in causing to be built,
any wharf, or other building or structure, beyond the line hereby establish-
ed, every such person shall, for each and every such offence, forfeit and
pay not less than one, nor more than five thousand dollars, and shall more-
over be liable to pay fifty dollars for every day such wharf or other struc-
ture shall there remain, to be recovered by indictment, action of debt, or
information, in the city court of Charleston, or the court of general ses-
sions and common pleas ; one half of such penalty to go to the person
who may sue for and recover the same, and the remaining half to the
city ; and the city council shall have power to remove such wharf or other
structure, at the expense of the owner thereof.
H. That if any person shall, by throwing stones, or otherwise, create
any obstruction to the navigation in any part of the harbor of Charleston, ftruclions!'^ °^
within the corporate limits of the city, every such offender shall be hable
to the penalties above prescribed, to be recovered by indictment, action of
debt, or information, as aforesaid, and disposed of in the manner above
mentioned.
HI. That it shall be the duty of the city council of Charleston to cause
the aforesaid plat, with the line marked out by the city surveyor aforesaid, P'^j *o ^^ ^^'
to be recorded in the Secretary of State's office, in Charleston, within six
months from the passing of this Act.
IV. That all vacant land not legally vested in individuals, in the har-
bor of Charleston, covered by water, be, and the same is hereby, vested vvater Lots,
in the city of Charleston for public purposes, but not to be so used or dis-
posed of as to obstruct or injure the navigation of said harbor.
V. That no person, being the owner of any low-water lot or lots, within
the corporate limits of the city of Charleston, on the edge of Ashley or
Cooper river, shall be allowed to use the same in an}^ manner that may be
injurious to the health, comfort or convenience of the citizens; and the
city council is hereby authorized to make such regulations, and pass such
ordinances, in relation to this subject, as may be necessary and proper ;
provided always, that private property shall not be taken for the public use
by the city council as aforesaid, without just compensation.
VI. That any person intending to build or erect an}' wharf, or to extend
the same towards the line hereby estabUshed, shall first apply to the city wharves, how
surveyor to mark out and designate the point beyond which the said wharf to be marked
or structure shall not be extended ; and if any person shall proceed to build
or construct any such wharf or structure, without having the extent there-
of marked out and designated as aforesaid, such person shall be liable to
the penalties imposed by the first section of this Act, to be recovered and
disposed of as therein directed.
152 STATUTES AT LARGE
A. I). 1837. Acts relating to the City of Charleston.
VII. That it shall! be the special duty of the city surveyor, under the
direction of the intendant, to see that all the provisions of this Act be
carried into full effect, and that all violations thereof be prosecuted accord-
ing to law.
[n tlie Senate House, the twenty-first day of December, in the year of our Lord one
thousand eight hundnd and thirty-six, and in the sixty-first year of the Sovereignty
and Independence of the United States of America.
PATRICK NOBLE, President of the Senate.
D. L. WARDLAW, Speaker of the House of Representatives.
«
No 2713 ^^ ACT to authorize the Commissionees of Public Buildings
FOR Charleston district, to apply part of their funds to the
REPAIRS AND EXTENSION OF THE MaIN GuARD HoUSE IN THE CiTY
OF Charleston ; and for other purposes.
I. Be it enacted, by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly, and it
is hereby enacted by the authority of the same, That the board of com-
missioners appointed to superintend and keep in repair the court house and
jail of Charleston district, be, and they are hereby, authorized and impow-
ered, from the monies now in their charge, or which may hereafter be
levied and collected under the Act entitled "An Act to provide for the
repairing of court houses and jails in the said State," to apply the sum of
ten thousand dollars to the repairs and extension of the present guard house
in Charleston, or the erection of new buildings on or near the site of the
present guard house in the said city ; iirovided, that the city council of
Charleston shall appropriate such an amount of money as may be neces-
sary on their part to complete the execution of the plan that may be
finally agreed upon between the said city council and the board of com-
missioners of public buildings for Charleston district, for the improvement
of the aforesaid premises.
II. And he it further enacted by the authority aforesaid. That the
city council of Charleston be, and they are hereby, authorized and impow-
ered to improve the said premises, and to take down and erect any build-
ings thereon ; provided, that the said city council shall furnish to the Ap-
prentices Library Society, and the Phoenix Fire Engine Company, such
buildings in lieu of those now occupied by them on the guard house square,
as may be satisfactory to those bodies respectively, and conformably to the
arrangements entered into for such exchanges between the said city coun-
cil and the said society and company.
III. And he it further enacted by the authority aforesaid, That nothing
herein contained shall in any manner effect the present use and arrange-
ment of the State Arsenal in Broad-street, containing the public arms and
munitions of the State, or the free and unobstructed use of that arsenal
by the artillery and infantry, and also of all that portion of the guard
house square, measuring east of said arsenal seventy-one feet, and in
depth one hundred and twenty-eight feet, which division of the aforesaid
square shall continue to be occupied by that portion of the militia by
OF SOUTH CAROLINA. 15:3
Act." rdativg io tie Citij of Charleston. A. 1). 18:57
which it is now occupied ; subject however, to the privilege by the city
council of Charleston, of continuing to use the said ground for the dril-
ling and exercise of the city guard ; the said ground, or portion of the
guard house square, being hereby declared to be subject to the common
use and occupation of the artillery, the infantry and the city guard ; pro-
vided, that nothing herein contained shall be construed to prevent the
State from using or converting to its own use the said lot and buildings
thereon, whenever it may be deemed expedient to do so.
IV. Be it further enacted, That for the next two years that assessment
of taxes shall be made by the commissioners of public buildings for the
judicial district of Charleston, all the parishes in the said district shall be
exempt from such assessments, except the parishes of St. Philip and St.
Michael ; and the said commissioners shall otherwise take care that the
whole of the expenditure herein before authorized, shall be borne by the
parishes of St. Philip and St. Michael, and are hereby authorized and
directed to make their future assessments with a view to that end.
In die Senate House, the twentieth day of December, in the year of our Lord one thou-
sand eight hundred and thirty-s^even, and in the sixty-second year of tlie Sovereignty
and Independence of the [Jnited States of America.
PATRICK NOBLE, President of the Senate.
D. L. WARDLAW, Sj)eaker of the Hovseof Rejyrescntatives,
AN ACT TO REORGANIZE THE CoLLEGE OF CHARLESTON. No. 2733.
WHEREAS, the city council of Charleston and the Trustees of the
College of Charleston, have represented by their petition, that to advance
the objects for which the said institution was incorporated, they have en-
tered into an agreement for the surrender and transfer to the city council
of Charleston, of all the property of the said college ; and the said city
council have agreed to accept the same, and undertake the re-establish,
ment and maintenance thereof, and they pray for an Act to sanction the
said arrangement :
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 trustees of the college of Charleston be,
and are hereby, authorized, now, or at any time or times hereafter, to sur-
render and transfer to the city council of Charleston, all the propert}', real
and personal, of and belonging to the said trustees of the college of
Charleston, and also all right and interest granted or belonging to the said
trustees, or to the said college, whether to escheat or otherwise, to be held
by the said city council of Charleston, in trust forever, to and for the sole
use and benefit of the said college of Charleston ; and further in trust, that the
said city council of Cliarleston shall and will provide the means to re-estab-
lish and maintain the said college, should the income of the college and
the tuition fees be inadequate to that object, and so far as tliey may be so
inadequate ; and should the exercises of the said college be at any time
unavoidably suspended, then so long as they are so suspended, the college
fund shall be allowed to accumulate for the future benefit of the institution,
and in like manner any surplus income that may at any time annually
remain after defraying the expenses of the year, shall form an accumulat-
VOL. VII.— 20.
154 STATUTES AT LARGE
A. D. 1837. Ads relating to the City of Charleston.
ing fund, and be invested to increase the income and extend the benefit of
the institution, and shall be applied to no other purpose.
II. Be it further enacted^ That the said college of Charleston shall be
under the management and direction of a board of twenty-one trustees ;
that the mayor and recorder of the saidcit}" for the time being shall always
be ex-officio members of the said board ; that three of the said board shall
be forthwith elected by the said city council from their own body, to serve
as trustees until the next annual election of aldermen ; and three trustees
shall thereafter be annually elected by the said city council from their own
body, immediately after the annual election of aldermen for the said city,
and shall hold their office until the next annual election of aldermen ; and
that the said cit}^ council shall forthwith elect from the present board of
trustees sixteen persons, who, with such persons as may be hereafter elected
in their stead, shall hold the office in the same manner, and for the same
term, as it is now held ; and the said board of trustees so appointed or
elected, and their successors forever, shall be known as a body corporate,
and designated in law by the name and title of the Trustees of the Col-
lege of Charleston, and shall be, and are hereby, vested with all the rights,
powers, privileges, authorities and franchises vested in the present board
of trustees, either in and by their Act of incorporation, passed on the
twentieth day of December, in the year of our Lord one thousand seven
hundred and ninety. one, or by any other law or laws of this State.
III. Be it further enacted ^ That ten days previous notice being given,
the said trustees, and their successors, shall meet on the Monday preceding
the third Wednesday in October of every year, or on such other day or
days annually as the board of trustees may direct, at the College in Charles-
ton, and shall elect a President of the Board of Trustees, and such other
officers as they may deem necessary, to serve for the ensuing year, or
until a new election.
IV. Be it further enacted, That any vacancy that may occur in the
Board of Trustees, from a vacancy in the Mayoralty or Recordership of
the city, shall be filled by the officers respectively, duly elected to these
offices, and all other vacancies in the said Board, either by the expiration
of the office of the three members of council annnally elect, the Trustees,
or by death, resignation or removal from the State, shall be filled by the
city council.
V. Be it further enacted. That the Faculty of the said College shall
consist of a President and such Professors or Tutors as the Trustees may
from time to time appoint ; and neither the said President of the College,
nor the said Professors or Tutors, during continuance in office, shall be
Trustees of the said College.
VI. Be it further enacted, That the said city council of Charleston shall
in no case be chargeable for expenses incurred by the said College, except
such as shall be sanctioned by them, and for which appropriation shall be
made according to law.
VII. Be it further enacted, That such provisions in former Acts of the
General Assembly of this State respecting the said College of Charleston,
as are repugnant to or inconsistent with this Act, be, and the same are
hereby, repealed.
In the Senate House, the twentieth day of December, in the year of our Lord one thou-
sand eight hundred and thirty-seven, and in the sixty-second year of tlie Sovereign-
ty and Independence of the United States of America.
PATRICK NOBLE, President of the Senate.
D. L. WARDLAW, Speaker of the House of Reineserdativcs.
OF SOUTH CAROLINA.
Acts relating to the City of Charleston.
an act to authorize the city council of charleston to close no. 2739.
Fort-street and part of Church-stret in said City.
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 city council of Charleston be, and they are hereby,
authorized and empowered to close, shut up and discontinue the portion of
South Bay-street in the said city, commonly called Fort-street, or so
much thereof as they may deem expedient, in order to continue South
Bay -street, as nearly as practicable, in a direct line from its junction with
Meeting.street to East Bay-street ; and also to close, shut up and discon-
tinue the portion of Church-street in the said city, lying south of Fort-
street aforesaid ; and the portions of said street so closed, shut up and dis-
continued as aforesaid, shall become and be the absolute property in fee
simple of the said city council of Charleston ; Provided, that the said city
council of Charleston shall and do fully compensate the owners of lands or
buildings fronting on such portions of said streets as shall be closed, shut
up and discontinued as aforesaid, for any consequent injury or depreciation
of their property ; which said injury or depreciation shall be ascertained and
awarded by commissioners to be appointed and to proceed in like manner
as is prescribed in the second, third and fourth sections of an Act passed on
the twenty-first day of December, in the year of our Lord one thousand
eight hundred and thirty -six, entitled " An Act to authorize the city
council of Charleston to close Amen-street, in Charleston; and for other
purposes."
In the Senate House, the twentieth day of December, in the year of our Lord one thousand
eight hundred and tliirty-seven, and in the sixty second year of the Sovereignty and
Independence of the United States of America.
PATRICK NOBLE, President of the Senate.
D. L. WARDLAW, Speaker of the House of Representatives.
AN ACT TO AMEND the Act directing the Representation in the No. 2743.
City Council to be apportioned every seven years.
I. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same, that it shall be the duty of the mayor and aldermen of the city
of Charleston, on or before the first day of August, Anno Domini one
thousand eight hundred and forty-one, to apportion the number of aldermen
to which each of the wards of the city may be entitled, on equal principles
of population and the city taxation for said year ; Provided always^
that the whole number of aldermen for the said city shall not exceed
twelve, whose qualification shall be the same as now directed by law.
II. And be it further enacthd by the authority aforesaid, That it shall
be the duty of the mayor and aldermen of the city of Charleston, every
ten years, after the year eighteen hundred and forty-one, to apportion the
ward representation precisely on the principles above stated.
15f5 STATUTES AT LARGE
^•l*-l^'33. j^cU relating to the City of Charleston.
III. And he it further enacted, by the authority aforesaid, That all
Acts or claufees of Acts contrary or repugnant to the provisions of this
Act, be, and the same are hereby, repealed.
Ill the Senate House, the first day of June, in the _vear of our Lord one tliousand eight hun-
dred and thirty-eight, and iu the sixty-second year of the Sovereignty and Indepen
dence of the United States of America.
PATRICK NOBLE, President of the Senate.
D. L. WARDLAW, Speaker of the House of Representatives.
No. 2744. AN ACT i-or rkbuildi>'(i the City of Ciiarlestox.
I. Be it enacted, by the Senate and House of Representatives, now
met and sitting in General Assembly, and by the authority of the same,
That the Governor of the State of South Carolina be, and he is hereby,
authorized and directed, in the name of the said State, to issue bonds or
other contracts, to be countersigned by the Comptroller-general, not ex-
ceeding in all the sum of two millions of dollars, one million of which shall
be payable at the expiration of twenty years, and the other million at
the expiration of thirty years, at a rate of interest not exceeding six per
* cent, for the purpose of procuring a loan on the credit of the State, to re-
build that portion of the city of Charleston now lying in ruins ; that the
said bonds or contracts be issued in such form and for such sums, and the
principal and interest be made payable at such times and places, as shall
be most etlectual in procuring the said loan upon the best terms, either in
Europe or America ; and that the faith and funds of the State of South
Carolina be, and the same are hereby, pledged to secure the punctual
payment of the said bonds or contracts, with the interest thereon.
II. Tiiat in order to eflect the said loan, the Governor is authorized and
directed to commission such agent or agents as the President and Direc-
tors of the Bank of the State of Sputh Carolina shall appoint, which said
agent or agents shall be empowered to receive the said bonds or contracts
from the Governor and Comptroller-general, and to make all such arrange-
ments as in his or their judgment may be deemed expedient for procuring
the said money and placing it to the credit of the State, subject to the
draft or order of the President of the Bank of the State of South Carohna.
III. The money, when realized in Charleston, shall be deposited in the
Bank of the State of South Carolina, and shall become a part of the capital
thereof.
IV. The President and Directors of the said Bank are authorized
and requiied to loan to such applicants as will rebuild the portion of the
city of Charleston whicli has been destroyed by the late fire, two milhons
of dollars, if so mucli be required, under tlie following terms and regula-
tions, viz : —
Clause I. As soon as the said loan, or any portion thereof, may be
eff cted, any applicant desiring to build upon the said burnt district, may
avail himself of tlie benefit thereof, by making application to the said
Bank, .setting forth the plan and estimated cost of the building he propo-
ses to erect, together with the situation and dimentions of the lot whereon
OF SOUTH CAROLINA. 157
Acts relating to the City of Charleston. A.aiS38.
the building is to be placed, and an abstract of his title thereto ; and upon
the President and Directois of the said Bank being satisfied with the title,
and that it is free from incumbrances, they shall direct the said lot to be
valued by the commissioners hereafter named, who shall certify their
valuation to the said President and Directors, whereupon the said President
and Directors are authorized and instructed to loan to the said applicant
one half the appraised value of his said lot ; and all applications for the
said loan shall be made within two years from the passing of this Act.
Clause 2. The applicant shall enter into bond, in a sutficient penalty,
with condition to pay to the President and Directors of the said Bank of
the State, the principal sum of whatever may be loaned him, in ten equal
annual instalments, the first of which shall be payable within three years
from the date of the bond ; also, with condition to pay the interest annu-
ally; also, with the further condition, that the money loaned shall, within
one year from its receipt, be expended in the erection of brick or stone
buildings upon the said lot of land ; and also, that the said applicant shall,
in all respects, comply with the provisions of this Act; and the said bond
shall be secured by a mortgage of the lot of land , and the form and nature
of such bond and mortgage shall be prescribed by the President and Di-
rectors of the said Bank, under the advice and direction of the Attorney-
general ; and if the said znortgage should at any time become forfeited,
either by failure to pay any part of the principal or interest of the said debt
at the time specified, or by a breach of any of the conditions of the said
bond, the President and Directors of the said Bank shall and may, after
six months notice to the obligor, his heirs, executors, administrators or
assigns, either personally served or published in one or more public Gazettes
in the city of Charleston, proceed to sell the property mortgaged, by auc-
tion, for ready money, for the best price that can be obtained for the same ;
which said sale shall be advertised for three weeks previously, in one or
more of the public Gazettes of the city of Charleston ; and the monies
arising from such sale shall be applied by the President and Directors of
the said Bank in satisfaction of the said bond ; any law, usage or custom
to the contrary thereof in any wise notwithstanding ; and the purchaser at
such sale, his heirs and assigns, shall be deemed to be seized of a good and
absolute and legal estate in fee simple, of the premises purchased, as
against all persons whomsoever, their heirs and assigns, not claiming by or
under a paramount title.
Clause 3. Whenever the amount first loaned shall have been expended
in the erection of buildings as aforesaid, the said applicant, his heirs at law,
legal representatives, or assigns, may make application for a further loan,
whereupon the President and Directors of the said Bank shall cause the
said commissioners to ascertain and report whether the sum originally
loaned has been applied as aforesaid, and upon the same being certified to
the said President and Directors, they shall make to such applicant, his heirs
at law, representatives and assigns, a further loan, equal in amount to one
half the appraised value of the said lot, should so much be necessary to
complete the improvements thereon, which said loan shall be taken upon
the same terms and subject to the same conditions as the first ; and a
further loan shall be made equal to one half the value of the lot, should so
much be required to complete the improvements thereon, whenever the
said commissioners shall certify to the President and Directors of the said
Bank, that the amount already loaned has been actually expended agreea-
bly to the provisions of this law, and as soon as a good policy of insurance
158 STATUTES AT LARGE
A. D. 1838. Acts relating to the City of Charleston.
upon the property, to the extent of the amount previously loaned, shall have
been duly assigned to the Bank ; and the said additional loans shall be
taken subject to the same conditions, and shall be secured in the same
manner, as the first. And in case any part of the said two millions shall
remain after making the said loans, the same may be lent to any applicant,
or his heirs at law, representatives or assigns, for the purpose of compleat-
ing his improvements, upon such securities as may be deemed satisfactory
by the President and Directors of the said Bank.
Clause 4. The valuation of the lots upon which the said loans are to
be made, and also the certificates of expenditures upon the buildings, shall
be made by a board of five commissioners, two of whom shall be appointed
in behalf of the State by the Bank, and two in behalf of the City by the
city council, and a fifth to be chosen by the other four ; and in case any
vacancy occur, it shall be filled by the same parties who had appointed
to the place so become vacant ; and the said board, or a majority (having
been first duly sworn to the faithful discharge of their duty,) shall, in all
cases where a loan is to be made or increased, certify their valuation to the
Bank, and make such report of facts as may be necessary and proper to
enable the said Bank to discharge its duty to all interests concerned.
Clause 5. In all cases where the value of the lot has been loaned, it
shall be the duty of the borrower to cause insurance to be effected upon the
buildings thereon, and to keep the same renewed, for the amount of the
loan, or so much thereof as may remain unpaid, and to assign the policy
to the Bank as collatoral security ; and in case the said borrower shall
neglect so to do, the Bank shall cause insurance to be effected or renewed
in behalf of the President and Directors of the said Bank, and shall de-
mand from the said borrower the premium of insurance paid, and all
expenses, and if the same are not paid within one month, then the bond
given by such borrower shall be considered forfeited, and he shall forthwith
be bound to pay up the whole of his debt, as though the instalments had all
been made payable at such date of forfeiture, if the said Bank shall deem
it expedient to require payment of the same ; and in all cases where a poli-
cy of insurance is required by this Act, the Bank may accept in lieu there-
of some other collateral security.
Clause 6. No loan shall be made upon any lot upon which there may
be a wooden building, unless sufficient security be first given that the same
shall be removed within one vear from the passing of this Act.
Clause 7. The interest to be charged on the said loans shall be fixed at
as low a rate as will cover the interest to be paid by the State, with the
necessary charge of remittance, but the said rates shall in no event exceed
seven per cent per annum.
V. Before the said loan is effected, the city of Charleston shall, by
an ordinance to be duly ratified by the city authorities, guaranty the
State against all loss to arise from loans to be made to the citizens of
Charleston under the authority of this Act.
VI. The lessee or tenant for life of any lot of lands within the said
district, shall be allowed the benefit of the provisions of this Act, if the
owner of the reversion or remainder join in the mortgage to secure the
amount loaned, in such form as may be advised by the Attorney-general.
VII. The mortgage executed by the applicant shall be a charge
upon the land in favor of the said Bank and its assigns, from the date
of its registry in the office of Mesne Conveyance, ■^gainst all persons
OF SOUTH CAROLINA. 169
Acts relating to the City of Charleston. A. D. 1838.
whomsoever ; and all mortgages shall be recorded , or lodged in the Re-
gister's othce for record, by the apphcants, before any money shall be
paid by the Bank.
VIII. And whereas, the frequent visitations of the city of Charles-
ton by fire, the destruction of property, and the loss of life occasioned
thereby, admonish the State of the evil of permitting other than fire-
proof buildings in the said city ; and whereas, the funds of the State herein
authorized to be advanced on the security of buildings in the said city may
be endangered, and no inducement is offered to individuals to erect fire-
proof buildings, so long as others are allowed to build in their immediate
neighborhood of combustible materials; for remedy whereof; Beit enacted,
that hereafter it shall not be lawful to build, put, erect or construct, within
the city of Charleston, any wooden or framed building, or to cover any
building with a roof of combustible materials ; and every building or con-
struction framed or constructed of wood, or having more wood on the
outside thereof, or the roof of which is constructed otherwise than is pre-
scribed by an ordinance ratified by the city council of Charleston on the
eighth May, of the present year, entitled " An Ordinance to prevent the
erection of wooden buildings, and to provide greater security from fires,"
shall be, and is hereby declared to be, a public and common nuisance, and,
as such , shall be abated by the judgment and process of any court of com-
petent jurisdiction ; and the persons respectively, building, covering or
constructing, or instrumental in building, covering or constructing, any
building, roof or construction, contrary to this Act, or to the provisions
prescribed in the said ordinance, shall be subject to the same penalties in
all respects as are prescribed by the said ordinance ; and all additions which
shall be made to houses or buildings already erected, and all houses and
buildings which shall be erected on old foundations, in part or in whole,
shall be deemed and considered within the provisions, restrictions and
regulations of the said ordinance and of this Act ; and full power and
authority are hereby granted and confirmed to the city council of Charles-
ton to determine the materials, thickness and construction of the walls and
other parts of the buildings of different dimensions and character within
the said city; and to make such other provisions bylaw, as they may
deem expedient to promote the erection of safe and convenient fire-proof
buildings, and to provide greater security to the said city from fires ; Pro-
vided always, that none of the securities against fire, prescribed by this
Act, shall be diminished by any action of the city council; wa^ provided
also, that the marshes flowed by the tide within the said city, shall be
excepted only to such extent as has been excepted by the said city
council.
IX. And whereas, the whole property in which the funds of the
State are authorized by this Act to be invested, may be also greatly endan-
gered by the wooden buildings and sheds already erected upon the said
burnt district since the late fire ; Be it enacted, that every wooden building
erected upon the said burnt district, be, and the same is hereby declared,
a public nuisance, and as such, shall be abated as aforesaid. And it shall
be the duty of the mayor and aldermen of the city of Charleston to cause
the same to be abated or removed at any time after the expiration of one
year from this date, giving to the persons occupying the same, at least
three months previous notice of their intention to remove the same and
all persons who shall receive damage to their property by reason of such
removal, may apply by petition to the court of common pleas, who shall
160 STATUTES AT LARGE
A. D. 1838. Acts relating to the City of Charleston.
thereupon cause the damage to be assessed by a jury, in view of the pre.
mises, and after having heard the parties, or their counsel; and the jury, in
assessing the damages, shall take into consideration the advantage which
may accrue to the petitioner by surrounding his premises with brick instead
of wooden buildings; and the damages so found by the jury shall be paid
by the city corporation to the party entitled ; and in case the city council,
before removing the said building, shall prefer to have the damages assess-
ed, it shall be lawful for them to lile their petition in the said court, giving
notice to the owner or person in possession, and thereupon, the said court
shall cause the damages to be assessed by a jury as aforesaid, and the find-
ing of the jury shall be conclusive upon all parties ; Provided always^ that
the city shall not be bound to indemnify or pay damages for any building
which has been erected or constructed contrary to the provisions of the or-
dinance hereinbefore mentioned and referred to.
X. It shall be the duty of the President and Directors of the Bank
of the State of South Carolina, to make proper provisions for the punctual
payment of the interest of such loan as may be effected upon the credit of
the State under the provisions of this Act ; and also for the ultimate pay-
ment of the principal thereof.
XI. It shall be the duty of the President and Directors of the Bank
of the State of South Carolina, to cause to be opened in the books of the
said Bank, an account, in which they shall debit themselves with the profits
arising out of the additional capital created out of the two millions loan
aforesaid, for the year ending on the first day of October, in the year of
our Lord one thousand eight hundred and thirty-nine, and with all the
future profits of the said loan, as the same shall hereafter be annually de-
clared ; which said fund, with its annual accumulations, shall be considered
solemnly pledged and set apart for the payment of the interest on the said
loan, and the final redemption thereof; and it shall be the duty of the
President and Directors of the said Bank, annually to report to both
branches of the Legislature the exact state of that fund.
XII. When the profits of the said Bank of the State of South
Carohna shall have paid the interest of certain stocks and redeemed the
said stocks, for which they have heretofore been pledged and set apart, the
said profits shall also be considered solemnly pledged and set apart for the
payment of the interest on the said loan, and the final redemption thereof.
XIII. The said President and Directors shall make such additional
compensation to the Attorney-general, as they may deem sufficient for the
additional services required of him by this Act ; and they shall also make
provision for paying such expenses as may be incurred by the Bank, in
carrying this Act into effect.
Ill the Senate House, the first day of June, in the year of our Lord one thousand eight
hundred and thirty-eight, and in the sixty-second year of the Sovereignty and Inde-
pendence of the United States of America.
PATRICK NOBLE, President of the Senate.
D. L. WARDhAW , Sj)eaher of the House of Rej)resentatives.
OF SOUTH CAROLINA.
Acts relating to the City of Charleston.
AN ACT TO AUTHORIZE THE CiTY CoUNCIL OF CHARLESTON TO CLOSE No. 2760.
AND DISCONTINUE ElLERY-STREET.
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 city council of Charleston be, and they are hereby,
authorized and empowered to close and discontinue as a pubhc highway,
Ellery-street in the city of Charleston, from Anson-street to East Bayl
street; Provided,the city council do first purchase from the proprietors the
lots on both sides of the said street, on such terms as may be mutually
agreed on between the parties, or do first make such compensation to the
proprietors of land on both sides of said street, for the damage they may
sustain by closing the same, as may be mutually agreed on by the city
council and proprietors.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and thirty-eight, and in the sixty-third year of the Sovereignty
and Independence of the United States of America.
A. PATTERSON, President of the Senate.
D. L. WARDLAW, Speaker of the House of Representatives.
AN ACT TO AMEND An Act for rebuilding the City of Charleston, jvt o-vgd
I. Be it enacted, by the Senate and House of Representatives, now
met and sitting in General Assembly, That the Act of the General Assembly
of this State, ratified on the first day of June last, entitled "An Act for
rebuilding the city of Charleston," 'be, and the same is, amended in the
following particulars.
1. The applicant for a loan may execute a single bond with a penalty
sufiicient to cover all loans which may be made to him in virtue of the said
Act, and a single mortgage to secure the said bond ; and the said bond
and mortgage shall be so framed by the Attorney-general as to embrace all
the loans which may be made under the said Act ; and the mortgage, so
executed, shall be deemed and taken as effectual to protect and secure all
such loans as are within the amount of the penalty of the bond, in the same
manner as though the whole amount which shall be subsequently loaned
had been loaned at the date of the said bond and mortgage.
2. The applicants for the said loan shall be required to furnish the Bank
only with an abstract of their title, and with such title deeds as may be in
their possession not recorded. They shall not be required to furnish copies
of any evidence or muniment of title or mesne conveyance which has been
recorded in the proper public office.
3. The policy of insurance which shall be required from any applicant
for a loan, shall be deemed sufficient, if taken for such amount as it is
customary for insurance offices within the State to take upon any single
risk.
4. Preliminary applications for the said loan shall be received by the
Ba.nk from any applicant, setting forth the plan and estimated cost of the
building proposed to be erected, together with the situation and dimensions
VOL. VH.— 21.
162 STATUTES AT LARGE
A. D. 1838. Acts relating to the City of Charleston.
of the lot whereon the building is to be placed ; and the President and
Directors of the Bank, upon receiving such application, shall, even before
information as to the condition of the title, direct the lot to be valued by
the commissioners appointed for that purpose ; and the said commissioners
shall value the same, and certify their valuation, in the manner provided
by the Act of which this is an amendment ; and the President and Direc-
tors of the Bank shall thereupon inform the applicant of the sum to
which he will be entitled on complying with the provisions of the law ; but
no loan shall actually be made until the applicant shall fully have com-
plied with the provisions of the Act above referred to, as amended by
this Act.
II. And be it further enacted, That the fees of each public officer who
shall furnish certificates to be used in procuring the said loan, shall be, as
is usual, 12^^ cents for searches through all their books for each name, and
62^ cents for their certificate ; but no public officer shall demand or receive
from any applicant for the said loan more than two dollars for all searches ^
certificates and services, which may be made, given or rendered in his
office for the said applicant upon any one application for a loan ; and every
public officer who shall demand or receive more than two dollars for all
searches, certificates and services, inclusive, or who shall refuse to
perform the usual duties of his office at the request of any such applicant,
shall be deemed guilty of a misdemeanor, and upon conviction thereof,
before any court of competent jurisdiction, shall be subject to fine and
imprisonment at the discretion of the court.
III. Be it farther enacted, That no charge shall be made against any
applicant for a loan by the Attorney -general, for the bond and mortgage
required to be taken by the Bank, nor for any other professional services
rendered by him in the arrangements for a loan.
IV. And he it further enacted, That any person owning a lot upon
which a brick or stone building shall have been commenced since the fire
of April last, shall be entitled to receive all the instalments of the loan,
which he could have claimed under this or the former Act if he had
made application before the commencement of the work; Provided, he
shall substantially comply with all the conditions required of an original
applicant who shall have received the same number of instalments, and shall
substantially give to the Bank security equal to that which would have
been required of such original applicant.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and thirty-eight, and in the sixty third year of the Sovereignty and
Independence of the United States of America.
A. PATTERSON, President of the Senate.
D. L. WARDLAW, Speaker of the House of Representatives.
ACTS RELATING TO COURTS.
AN ACT FOR ESTABLISHING A CoURT OF ChAKCERY IN THIS HiS No. 441.
Majesty's Province of South Carolina.
WHEREAS, for the due administration of right, equity and justice, to
his Majesty and his subjects inhabiting and trading to this his Province „ . ,
of South Carohna, there is a necessity for estabhshing a Court of Chan-
cery ; we humbly pray his most sacred Majesty that it may be enacted,
I. And he it therefore enacted^ by his Excellency Francis Nicholson,
Esquire, Governor, by and with the advice and consent of the Council The Governor
and Assembly of this Province, and by the authority of the same, That an*'^ mnjoiiiv
from and immediately after the ratification of this Act, his Majesty's ",„po^g,.gj",*„' '
Governor of this Province for the time being, and the majority of the hold a Com t of
honorable the members of his Majesty's Council, from time to time sub- ^''*"*^''''y'
sisting, are hereby authorized and impowered, at all times hereafter, to
hold a court of chancery ; and shall have, exercise and use the same juris-
diction, power and authority, in granting and issuing forth all original and
remedial writs and other process whatsoever, and in hearing, adjudging and
determining all causes and suits in equity, in as full and ample manner as
any chancellor, or court or courts of chancery, in America, can, may or
ought to do.
II. And he it further enacted by the authority aforesaid, That all writs
and process issuing out of the said courts of chancery, (except such writs Writs and pro-
as are hereinafter excepted) shall be signed by the register of the same ^P^*' •'I'^j'^j ',""
court, and shall be granted of course by the said register, to any person or j^f g-gter!
persons whatsoever, who shall apply for the same ; such persons paying
the fees allowed by law for such writs and process.
III. And he if. further enacted, That no injunction for staying suits at law,
or for staying execution, shall, at any time hereafter, be granted out of the
court of chancery of course, or by surprise, but upon the bill of complaint
164 STATUTES AT LARGE
A,U.\72l. Acts relating to Courts.
Injunction for being first filed in the said court, and two days notice at least given by
staying suits, jj^g party complainant, to the adverse party, his or her council or solicitor,
granted. ' ^^ writing, that he intends to move the said court for such injunction,
expressing in the said notice in writing the place where and the time
when he intends to move for the same, to the intent that the adverse party
may have due notice, and attend to oppose the granting such injunction, if
he shall see fit.
IV. And tvhereas,, the parties do often obtain injunctions upon notorious
Compiainaut to £|gg ^^^ groundless suggestions in the bilf of complaint set forth ; for the
tnnke oath to • <• i i -r> • i mi i i ■
his bill. prevention of such abuses, Beit enacted, Ihat the party complainant, or
his or her solicitor, shall make oath (if required) that he or she believes the
allegations in his or her bill of complaint, for obtaining injunctions, to be
true.
V. And he it also etiacted, That in cases where any person or persons
No injunction pray an injunction to stay any suit or suits at law, had and commenced
to bft granted against him or them, on any bond, single bill, promisory note, bill of
for which jiid^- exchange, or other specialty whatsoever, whereby any sum or sums of
ment is given money are payable, or conditioned to be paid, or to stay execution after a
cfourf^^'*^ '"judgment at law is had and obtained against him or them, for any debt or
duty whatsoever, no such injunction shall be granted until the sum or sums
of money, or other matter or thing conditioned to be paid, or for which
judgment is given, shall be deposited and paid into the hands of the said
court ; and that no injunction whatsoever shall continue of force any longer
than till the sitting of the next court, after the party defendant shall have
put in his answer to the bill of complaint, unless the court shall see cause
to continue the same : Provided, that nothing in this Act be construed or
. . deemed to extend to injunctions for staying of waste, but that all injunc-
timi's for'"tay- ' ti<5"s ^^"^ staying of waste be granted of course, on atfldavit made before the
ing of waste, master of the same court, that the party praying such injunction hath been
three years in the quiet and peaceable possession of the lands where such
waste shall be said to be committed.
VI. And for the prevention of any delays in the proceedings of the
Court davs court of chancery. Be it enacted by the authority aforesaid, That the said
and duty "of court of chancery shall be always open for the dispatch of all matters re-
Register, lating to the forwarding and finishing the causes depending in the said
court, but the days and times of full and solemn hearings shall be four
times in every year, (that is to say) on every Thursday next after the court
of common pleas is directed to meet and sit in Charlestown, and shall at
such times sit de die in diem, until the business ready for the said court
shall be finished ; and the register of the court, twelve days at least before
the sitting of each court, shall fix, at the public watch-house in Charles-
town, a list of all causes wherein any hearing is to be at the court ensuing ;
and in case there shall be no business to do at any of the times herein
before appointed for the sitting of the court, the said register shall in like
manner give public notice thereof at the watch-house aforesaid, and the
court shall be adjourned of course until the next day hereby appointed
for the sitting thereof; and all the officers of the said court shall reside
in Charlestown, and give their personal attendance, on pain of being
In what eases removed from their respective offices.
tice or mem- VII. And be it further enacted by the authority aforesaid, That no chief
bers of council justice or judge of any court within this Province, shall at any time
in Uie"cou7t'of hereafter have any vote in the court of chancery where the defendant at
chancery. the common law becomes plaintiff' in the court of chancery, and the cause
OF SOUTH CAROLINA. 165
Acts relating to Courts. •A^- D. 1721.
hath been pending before him ; and that no member of his Majesty''s
Council shall vote in the said court in any cause wherein he is plaintiff or
defendant, or wherein he acts as executor or administrator, trustee, guar-
dian or attorney to any person or persons whatsoever.
VIII. And be it further enacted by the authority aforesaid, That in
case any person or persons shall not rest satisfied with the judgment of ^" ^^^^ ^^^e
the said court of chancery, in any cause or suit where the matter in dif- appeal! ^ ^
ference does exceed the value of three hundred pounds sterling, that then
it shall and may be lawful to and for all and every such person and persons
to appeal to his Majesty, his heirs and successors, in his and their privy
council in Great Britain ; provided, that such appeal be craved within one
month after such judgment, sentence or decree given by the said court of
chancery, and that before such appeal be allowed, security be given by
the party or parties so appealing, in double the value of the matter in dif-
ference, to pay or answer the sum or value of the thing adjudged, together
with all such costs and damages as shall be awarded by his said Majesty,
his heirs or successors, in his or their privy council, in case the said judg-
ment, sentence or decree of the said court of chancery be affirmed :
Provided also , that no execution on such decree shall be stayed or suspend-
ed by reason of such appeal, so as the party sueing or taking out such Execution not
execution, do in like manner give security, to the value only of the matter to be stayed by
indifference, to make restitution in case the said judgment, sentence or ^pp^^Jj ° ^"'^
decree be reverted or annulled upon the said appeal, in three years next
after giving or making such judgment, sentence or decree by the said
court of chancery.
IX. And be it further enacted, That the Governor for the time being,
and any five of the members of his Majesty's honorable council, shall ^"^'^'"""'J ^""^ .
. . 13 J ^ ' I1V6 niPniu6rsoi
have power to grant injunctions ; and that the master of the said court for council may
the time being shall have power to hear all motions of course, and make giant iujunc-
orders thereon ; any thing herein contained to the contrary notwithstand- *"'"^-
ing.
X. And be it further enacted by the authority aforesaid, That the said
court shall proceed, adjudge and determine in all causes brought into the How the court
said court, as near as may be, according to the known laws, customs, ^ ^^
statutes and usages of the Kingdom of Great Britain, and also as near as
may be, according to the known and established rules of his Majesty's
high court of chancery in South Britain.
XI. And be it further enacted by the authority aforesad, That all or any
Acts or Ordinances of Assembly heretofore made, whereby any court of All former Acta
chancery has been erected or constituted in this Province, (if any such •'^P^^'^*^-
there be) be hereby declared repealed and null and void to all intents and
purposes, in such manner as if no such Act or Ordinance had ever been
made.
JA. MOORE, Speaker.
Charlestown, September 9, 1721.
Assented to hy FR. NICHOLSON, Governor.
166
STATUTES AT LARGE
A. D. 1721.
Acts relating to Courts.
No. 473.
AN ACT FOR ESTABLISHING CoUNTY AND PrECINCT CoURTS.
Preamble,
Courts estab-
lished-
Court of com-
mon pleas to be
erected in
Wando
precinct.
Five magis-
trates to be
judges of the
county courts.
WHEREAS, it hath been found a great charge and burthen to the
several inhabitants of this Province, to be obhged to repair from all parts
of the country to one general court at Charlestown, for the trial of all
causes, whether civil or criminal ; and by reason of the parties and wit-
nesses living at such great distances, divers suits have been delayed and
protracted, several persons discouraged from seeking and recovering their
just rights, and his Majesty's peace less orderly kept. We therefore hum-
bly pray your most sacred Majesty that it may be enacted,
I. And be it enacted, by his Excellency Francis Nicholson, Esquire,
Governor, &c. by and with the advice and consent of his Majesty's hono-
rable Council, and the Assembly of this Province, and by the authority of
the same, That a court of pleas, assize and gaol delivery, shall be forth-
with erected and established in Berkley county, at the place commonly
called Wassamsaw, in the parish of St. James Goose creek, to Turkey
creek, St. George's, and St. John's shall be annexed and attendant, and all
pleas, civil and criminal, happening or arising within the same parishes,
be decided and determined ; and also one other court of pleas, assize and
gaol delivery, at Echaw, in the parish of St. James Santee, in Craven
county, in such convenient part or place thereof as the judges of the said
court shall see fit ; at which court, all the inhabitants of Craven county
aforesaid shall be attendant, and all pleas, civil and criminal, happening
or arising within the same, be decided and determined ; and also one other
court of pleas, assize and gaol delivery, at Willtown, in Colleton county, in
such convenient part or place thereof as the judges of the said court shall
see fit, to which said court all the inhabitants of the said county shall be
attendant, except the inhabitants of John's Island, which shall be attend-
ant at the general court at Charlestown, and all pleas, civil and criminal,
happening or arising within the same, be decided and determined ; and
also one other court of pleas, assize and gaol delivery, at Beauford-town, in
Granville county, at which court all the inhabitants of Granville county
shall be attendant, and all pleas, civil and criminal, happening or arising
within the same, be decided and determined.
II. And, he it further enacted by the authority aforesaid. That one other
coujt of pleas, assize and goal delivery, shall be forthwith erected and estab-
lished at or near the plantation of Lewis Dutarque, in Berkley county, as the
justices shall agree, and shall be called Wando Precinct, at which said court
the several parishes of St. Thomas's, St. Dennis's and Christ Church shall
be attendant, and all pleas, civil and criminal, happening or arising within
the same, be decided and determined.
III. And. be it further enacted by the authority aforesaid , That any five
of the magistrates of the said parishes and precincts respectively, who shall
be in the commission of the peace, and shall be commissionated, by his
excellency the Governor for the time being, for that purpose, shall be
judges and justices of the said county and precinct courts, respectively,
any three whereof shall be a quorum , and shall have full power to associate
and assemble themselves, at the respective courts within their respective
jurisdictions, at such days and times as hereinafter is prescribed, and being
there associated and assembled, shall have full power to hold pleas of all
matters, civil and criminal, within their said respective jurisdictions, accord-
ing to the laws, usage and customs of the Province of South Carolina, so
that such laws be not repugnant to the laws of Great Britain, but as near as
may be agreeable thereto.
OF SOUTH CAROLINA. 167
Acts relating to Courts. A. D. 1721.
IV. And he it further enacted hy i\\e tinihox'iiy aforesaid, That the first
in commission shall be president of the court, and in case he be absent by {jg"p°gg* j^J^j ''*
reason of sickness or other accident, the next in commission shall act as
president, and so of the rest successively and in course, as they shall be named
in the said commission ; and the president of the said court shall adminis-
ter unto the other justices, before they enter on their offices, the following
oath: "I, A. B. do swear that I will do equal and impartial justice in all Oath,
causes that come before me in the precinct court of without fa-
vor or affection to either party, and that I will not receive myself, nor suf-
fer any other person to receive for my use, benefit or advantage, any pre-
sent of money or money's worth, on account of any action at any time
pending in the said court, excepting the fees allowed to me bylaw.'' And
then shall take the same oath himself from the hand of one of the other
justices.
V. And he it further enacted by the authority aforesaid, That the said
judges and justices shall meet and assemble themselves at their respective When to meee,
courts, at such days and times as hereinafter are mentioned, (that is to
say,) the said precinct court at Wassamsaw, in Berkley county, on the
second Tuesday in January, April, July and October : The said court
called Wando precinct, on the second Tuesday in December, March, June
and September : The said court in Echaw, in Craven county, on the
third Tuesday in December, March, June and September : The said
court at Willtown, in Colleton count}^, on the last Tuesday in January,
April, July and October ; and the said court at Beauford town, in Gran-
ville county, on the last Tuesday in February, May, August and November;
between the hours of nine and ten in the morning, and there sit de die in
diem, not exceeding three days, till the business of the said court be
finished; and what business cannot be finished by the time abovesaid,
shall be continued over until the meeting of the next court ; provided, Limitation of
always nevertheless , that nothing herein before contained shall extend qj. Jurisdiction,
be construed to give power to the said county or precinct courts, to hold
plea of any criminal matter extending to life or limb, but that the same
shall be tried and determined at the general sessions to be holden at
Charlestown ; and the jurors shall be drawn out of the balloting box from
the whole Province, as heretofore hath been used : provided also, that in
civil causes, if the matter in difi^erence do exceed the value of one hundred
pounds sterling, the same shall be decided and determined at the general
court to be holden for the said Province at Charlestown, as hereinafter is
mentioned : and that no haheas corpus cum causa, be allowed for removing
the cause or body of the defendant out of the said county or precinct
court, unless the cause there brought be for above the said sum of one
hundred pounds.
VI. And he it further enacted hy the authority aforesaid, That if any
person shall not rest satisfied with the judgment of the said courts hereby ^^ppgaU
erected, in any cause or suit where the matter in difference does not
exceed the value of twenty-five pounds sterling, that then it shall and may
be lawful to and for all and every such person or persons to appeal to the
general court, to be holden four times in every year in Charlestown, as
usual ; and the said general court shall have full power to hear and
determine all such appeals, and confirm or reverse such judgments on hear-
ing said appeals, as may be consistent with the laws and statutes of Great
Britain, and according to the laws, usage and customs of South CaroUna,
not repugmuit thereto ; Provided^ that such appeals be craved at the time
168
STATUTES AT LARGE
A. 1). 1721.
Acts relating to Courts.
Penalty for
vexatious ap-
peals.
Clerk not to
practice as at-
torney.
Action, where
to be brought.
Merchants'a
accounts may
be proved by
oath.
that such judgment be given in the said county or precinct courts, or at
the next sitting thereof, and that before such appeal he allowed, the parties
so appealing do enter into a bond or recognizance before the said court,
in double the value of the matter in difference, to pay or answer the sum
or value of the sum or thing adjudged, together with all such costs as shall
be awarded by the said general court, in case the said judgment be affirm-
ed ; Provided also, that no execution of such judgment in the county and
precinct courts shall be stayed or suspended by reason of such appeal, so
as the party taking out such execution do in the like manner enter into
bond or recognizance before the said court, with sufficient security, to the
value of the sum or other matter adjudged and recovered, to make restitu-
tion to the appellant, if such judgment be reversed or annulled by the said
general court, in twelve months after obtaining such judgment in the said
county or precinct courts.
VII. And to prevent as much as may be litigious and vexatious appeals,
Be it further enacted by the authority aforesaid, That incase the judg-
ment be affirmed, and the judges of appeals shall be of opinion that such
appeal was groundless and vexatious, they shall certify the same on the
back of the said appeal ; and that then and in such case, the party
appellant shall pay and satisfy to the appellee treble the costs of suit awarded
in the said county or precinct courts.
VIII. And he it further enacted by the authority aforesaid. That no
clerk of any county or precinct courts shall act as an attorney or solicitor,
in any cause whatsoever, either in the court where he is clerk, or in any
other county or precinct court, or on any appeal from the said court
whereof he is clerk, under the penalty of one hundred pounds current
money, for every time he shall offend in the premises, to be recovered by
action of debt, bill, plaint or information, in any court of record in this
Province ; one half to the informer, and the other half to the church-war-
dens, for the use of the poor of the parish, and the loss of his office.
IX. And he it further enacted by the authority aforesaid. That if the
defendant live in the parish of St. James Goose Creek, in the parish of
St. George's, or in the parish of St. John's, the action shall be brought and
\h& venire laid in the parish where the defendant lives or is arrested, and
the cause tried and determined at the said precinct court, to be held at
Wassamsaw ; and if the defendant live in Wando precinct, the action shall
be brought, the venire laid, and the cause tried, in Wando precinct; and
if the defendant shall happen to live or be arrested in other part of Berkley
County, the action shall be brought, the venire laid, and the cause tried and
determined, at the general court of pleas or sessions to be holden at Charles-
town; and if the defendant shall happen to live in Craven county, Colle-
ton county, or Granville county, the action shall be brought, the venire laid,
and the cause tried, in the respective counties and precincts where the de-
fendant lives or is arrested.
X. k.n^whereas, it hath been heretofore allowed for law in this Province,
that books of accounts shall be allowed for evidence, the plaintiff swearing
to the same, by reason that the merchants and shopkeepers in South Carolina
have not the same opportunity of getting apprentices and servants, to de-
liver out their goods and keep their books of accounts, as the merchants
and shopkeepers have in South Britain, and it may prove inconvenient to
the merchants and shopkeepers to send their books to the said county courts;
Be it further enacted by the authority aforesaid, that such merchants,
shopkeepers and others, shall be at liberty to draw out their accounts, and
OF SOUTH CAROLINA. IGO
Acts relating to Courts. A i> w 'i
compare the same before any of the justices at Charlcstown, and then to
sign and swear to the same, which accounts so drawn out and sworn to as
aforesaid, shall be allowed to be as good evidence as if the books themselves
had been produced to the said court ; Provided nevertheless, that all special
courts for transient persons shall be holden in Charlcstown, as heretofore
hath been used.
XI. And he it further enacted by the authority aforesaid, That the
original or first process issuing out of the said courts hereby erected respect- Manner ofino-
ively, shall be either summons or cajnas, which writ of cummons or c;a/?2a*''°°'''"---
shall contain the declaration setting forth the cause of action, time and
other circumstances on which the plaintiff grounds his complaint, and
signed by the attorney as usual, and sealed by the clerk of the court in
the margin thereof, a copy whereof shall be served on the defendant, or
left at his house or most usual place of residence and abode, one calander
month at least before the sitting of the court ; and the defendant shall put
in his plea, and file the same with the said clerk the next meeting of tlie
court, or otherwise, judgment shall pass against him by default, on oath
being made of the service of the said writ or summons, and execution
forthwith issue against the defendant; and if the plea be to issue, the
cause shall be tried the following court of course, without any notice to be
given by either party to the other of them ; but if the said plea be special,
and require a replication, the plaintiff shall reply or demur in six weeks
after the sitting of the first court, without any rule or notice for that pur-
pose, or a non-suit be entered by the clerk of the court of course, for
want of such replication ; and if need be, the defendant shall rejoin or join
in demurrer at the second court, and the cause shall be then tried or argued
of course, without any notice from either party to the other of them, so
that every cause may be decided and determined at the second court at
the farthest.
XII. And the iustices of the said court, or the major part of them, shall , .
o 7 o L ^ f J UStlCCS Dl'l V
and may establish such other rules of court for dispatch of business and ,„ake oih.r"
the ease of the clients, not repugnant to this Act, as to them shall be »ules.
thought reasonable.
XIII. And be it further enacted by the authority aforesaid, That writs
of replevin, and all other original writs, shall and may be grantable out of ^^[,'|^!""^|..j" ',^^'j"'
the general court of Charlcstown, and other the county and precinct courts ble.
hereby erected, as hath been allowed in the other American plantations.
XIV. And to prevent circuity of Actions, and multiplying of suits; if the
plaintiff be indebted to the defendant, the defendant shall be at hberty, if Plinntifi li-Miia-
he see fit, to give the same in evidence by way of discount, and the same (leiendau:, i.; be
shall be noted, and judgment entered up for the balance only; and if the tliscouiiu.1.
plaintiff be indebted to the defendant more than the defendant is indebted
to the plaintiff, judgment shall be entered up for the defendant for the
overplus, and execution go against the plaintiff" for such overplus, and
the verdict shall be special, and the judgment entered up specially;
Provided nevertheless^ that the defendant intending to discount any sums
of money alledged to be owing him by the plaintif, do in one month be-
fore the trial, make a copy of such articles and sums which he intends
to insist upon at the trial to have discounted , and deliver the same to the
plaintiff' or his attorney, one calander month before such cause comes to be
tried, to the intent the plaintiff" may be prepared to disprove the same if he
see fit , and the articles of such discount shall be proved to the court by
such vouchers and in such manner as the law requires.
VOL. VII— 22.
170
STATUTES AT LARGE
A. D. 1721.
Acts relatins: to Courts.
Captains to
give in a list.
loting for
jurors
XV. And he it further enacted by the authority aforesaid, That the
captains of the several companies, in the several parishes of St. James
Goose Creek, St. George's, St. John's, and Wando precinct, shall return,
at the first meeting of the court, a list of the several names of all and
every person belonging to their respective companies, in order that juries
may be taken from thence to serve at the said courts ; and the several
Captains of companies, in Craven county, Colleton county, and Granville
county, shall do the like.
XVI. And he it further enacted by the authority aforesaid. That the
Manner of bal- clerks of the courts respectively, shall, at the precinct charge, prepare bal-
loting boxes, for putting in the names of the persons to be appointed for
jurors, after the method provided for the balloting boxes in the court of pleas
in Charlestown ; and the justices of the courts respectively shall have
full power to prepare lists of the jurors, and put the same in the said bal-
loting boxes, and shall draw out from thence twenty-four names for jurors,
in every grand and petit juries, and juries for the common pleas, and no
more ; and the names of the jurors shall be sealed up by the justices and
delivered to the marshal ; and the said justices shall observe such other
methods, as near as may be, for impanneling of jurors, as are prescribed
in the several Acts of this Province concerning juries, not repugnant
hereto. And if a sufficient number do not appear, then a tales de circuni-
stantihus being moved for, shall be granted by the said judges, according to
the usage of South Britain, and the laws in that case made and piovided ;
and to prevent any abuse that may be made by the allowance of such a
tales., the said justices are hereby required to put double the names that are
wanting to make up the jury, into a hat, and draw out their names by
balloting, until they have compleated the number of the jurors wanted ; and
the general court of Charlestown shall have the same power for granting a
tales de circumstantihus , and shall observe the like method ; and the tales-
men refusing to serve, shall be subject to the same penalties as the other
jurors; and every of the justices, jurors, coroners and constables not ap-
pearing at each court, shall be fined the sum of five pounds, to be levied on
their goods and chattels the next court after their non-appearance, unless
they shall then give satisfactory reasons to the court for their absence.
XVII. And he it further enacted by the authority aforesaid. That every
witness who shall not appear at the respective courts, being duly served
with a subpoena testificandum in civil causes, or appearing shall refuse to
answer the questions proposed by the court, shall forfeit to the plaintiff or
defendant, by whom he was so subpoDuaed, the sum of twenty pounds current
money, to be recovered by action of debt, to be brought in the name of the
plaintill^ in any of the said county or precinct courts where such witness
resides, with costs of suit.
XVIII. And he it further enacted by the authority aforesaid. That if any
, witness in any criminal cause, (not being bound over by recognizance to
and appear,) shall refuse or neglect to appear on service of subpoena, or appear-
pe^ing shall refuse to answer, shall be fined by the court any sum not exceed-
tiemeaci ^3'- j^^p, ^^^gj^jy p(^^,,^j]g (jui-j-gnt money, and stand committed till he pay the
same ; and the witnesses subpoenaed to appear at the general court of pleas
or general sessions at Charlestown, and neglecting to appear, or appearing
shall refuse to answer, shall be under the like penalties and forfeitures ; and
each witness shall be allowed for his attendance in civil causes, by the
plaintiff or defendant who subpoenaed such witness, the sum of ten shil-
lings per diem, current money, to be taxed in the bill of costs, and paid to
Fines for ab-
sence.
Forfeitures.
Witnesses
lowed 10s.
jurors 15s
OF SOUTH CAROLINA. 171
Acts relating to Courts. ^' !>• ^ 721,
the witness before he gives in his evidence, if he desire it; and the jurors
shall be allowed in civil causes, each cause, fifteen shillings.
XIX. And be it further enacted by the authority aforesaid, That no
jurors, being obliged to serve at any of the courts respectively, shall be ju,.„^g„ot j^
oblio-ed to serve at any other county or precinct courts out of the counties serve out of the
or precincts where they respectively live and reside, after the said courts ^"^^"y^^'y'^^'"'^
are there respectively erected , unless it be at the court of general sessions
in Charlestown ; any law or statutes heretofore made to the contrary there-
of in any wise notwithstanding.
XX. A7id he it furtlier enacted., That all matters of freehold shall be
tried and determined in the respective courts of the counties and precints Mjiuers^of free
where such lands do lie, though of never so great a value, any thing herein ^v°,e,.e'lhe land
before contained to the contrary notwithstanding, allowing appeals never- lies.
theless to the general court, if the value be above twenty-five pounds ster-
ling, as in other cases.
XXI. And whereas, divers disputes do arise between the inhabitants
about the lines of their respective plantations ; Be it further enacted by the jyj'f^'^^ilgp^fte,
authority aforesaid, That if any cause shall be pending in the said courtsji„i„es to ap-'
where the fines shall be brought in dispute, the justices of the said court point survey-
shall appoint surveyors, at the nomination of the parties, to survey the°'^*
same at the charge of the said parties, and to return such survey on oath
at the next sitting of the court ; and in case either of the parties shall
refuse to nominate a surveyor duly sworn and qualified, then the court shall
proceed to nominate two or more such surveyors as they shall think fit, in
order for the better finding out and discovering the truth of the said matter
in difference ; and if the court shall acquiesce in the return of the survey.
ors, so given in on oath as aforesaid, the same shall be allowed as evidence.
And in case any action shall be brought for a trespass or waste, committed
in the plaintiff's lands or tenements, the justices of the said courts shall
have power to appoint two or more sufficient persons to view the said tres-
pass or waste, if need be, who shall return an account thereof on oath, at
the next court, and the true value of the damages occasioned by such
trespass and waste, and the same shall be allowed as evidence, if the court
shall see fit.
XXII. And he it further enacted by the authority aforesaid. That the
said courts hereby erected, shall likewise have power to fine all persons for havhi? L'couA',
misbehaviour in court, not exceeding the sum of twenty pounds; and to to be fined,
commit persons to prison till they have paid the same ; and the clerks of the
said courts respectively, are hereby required to transmit an account yearly, Account of
of all the fines and forfeitures imposed in the said courts ; and also, of all gj^en into the
recognizances forfeited, into the court of exchequer, if any such there be, court of exche-
and if there be no such court, then to transmit such accounts and recogni- '^'"^''
zances to the Governor and council, in order to be put in suit.
XXIII. And he further etiacted by the authority aforesaid, That the
said courts hereby erected, shall have full power to imprison obstinate and Punishment of
incorrigible servants, who shall desert their master's service, or refuse to
work, and to appoint their allowance to be bread and water, for which the
marshal or keeper of the prison shall be allowed two shillings and six pence
current money, per diem, in full for all fees, and no more, and to inflict
corporal punishment, if they shall continue obstinate, as often as they in
their discretion shall see needful, not exceeding twenty lashes each time on
the bare back. And the said courts hereby erected, shall likewise have full ,j,, ,
power, within their respective jurisdictions, to license all taverns, victualling licensed.
*'ouses, ale houses, punch houses and public inns, and the same, or any of
obstinate ser-
vants
172 STATUTES AT LARGE
A. D. !70l. Acts relating to Courts.
them, again to suppress, if they shall be convicted of being disorderly, as
entertaining of servants, negroes, common drunkards, lewd and idle and
disorderly persons, selling liquors on Sundays, or times of Divine service ;
and if any person shall keep any such tavern, victualling house, ale
Forf. itnre f.-r house, punch house or public inn, without license first had and obtained
keeping t.ivoinfrom the said justices, and signed by the President of the said court re-
wiihoiit li- spectively, he shall forfeit the sum of twenty pounds current money, for
every such offence, and give security for his good behaviour for the future,
that he shall not hereafter keep any such tavern, ale house, punch house
or public inn within the said counties or precincts, without a license first
had and obtained from such justices ; and also to take an account of all
rnniPiimnit of idle and disorderly persons, and to compel them to work and labor, and to
sons ' ''^ l^*"'' betake themselves to honest employments, or to find sureties for their good
behaviour, and to imprison them, and to compel them to labor in prison,
or to inflict corporal punishment, till they shall do so; and also to punish
all common drunkards, profane cursers or swearers, Sabbath-breakers, and
to suppress all vice and immorality within their respective jurisdictions.
XXIV. And he it further enacted by the authority aforesaid, That the
(^(llc^^lillg said courts hereby erected, shall have power to take order concerning all
bastauls, bastards, in as full and ample manner as is given to the chief justice, or
judges of the court of general sessions, in and by an Act entitled "An
Act against Bastardy, '' ratified the seventeenth day of September, 1703.
XXV. And he it ficriher enacted by the authority aforesaid. That the
Loc'nripp trivoii said courts respectively shall have full power to sue for all legacies, gifts
10 iieescliools. and donations given to free schools, and other public uses, within their re-
spective counties, precincts and jurisdictions, and to appoint one or more
treasurers for collecting the same, who shall be likewise treasurer for all
sums levied in the said county, and in whose name or names all actions or
suits, for such gifts, legacies and donations, shall be brought.
XXVI. And he it further enacted by the authority aforesaid. That the
PiepiilfMit 10 president of the several courts aforesaid, (except the chief justice for
(ipt.rininpiiaht Charlestown) shall, with the advice and consent of the major part of the
Hon.''""""'*"'" fther judges, at the time of the sitting of the courts, have full power to
determine the right of administration of the estates of persons dying in-
testate, in their several jurisdictions, and also all disputes concerning
v.-ills and executorships, in as full and ample manner as the same have or
might have been heretofore determined by any Governor, or Governor and
Council, of this Province, saving the right of appeal to the Governor and
Council, in case any party shall find himself aggrieved thereby, and shall
pcnd such letters of administration, or letters testamentary, to be signed
\.y his Excellency the Governor for the time being, who shall be allowed
I: is usual fees, and the Secretary likewise : And the said justices are
loreby required to take sufficient bond, with one or more good and suffi-
cicnt sureties, for the party's due administration of the intestate's estates,
recording to law, which shall be entered of record in the said court: And
the said judges and justices, or the major part of them, whereof the pre-
si.lent to be one, shall have full power likewise, to take order concerning
r'l orphans's estates, viz : That all orphans be duly educated and provided
r.wrrof tlir frr, out of the interest and income of his estate and stock, if the same
' '"^Z,",' '. "' "^'^ bear it ; otherwise such orphan to be bound apprentice to some handi-
1 1 .„ o.li.ni,. . , .., fj. ^j.g^^jg^ or other good employment, whereby he may learn to get his
livelihood ; to appoint guardians for such orphans, and to remove the same
rivd appoint others, if there be occasion, and to change the masters to
which such orphans are bound apprentice, if not taught their trade nor
OF SOUTH CAROLINA. 173
Acts relating to Courts. A. D. 1721.
well maintained and clothed, or otherwise ill used : to call all guardians
to an account for minor's estate ; to take care that the land of orphans be
not sold during their minority ; that no waste be committed on orphans's
plantations, as gathering of the hghtAvood, cutting down valuable timbers,
&;c., unless it be for and towards the maintenance of such orphans : to
call all persons to account who shall have imbezzeled any orphans 's estates,
and to take all such methods as to them shall be thought most convenient
for improving such orphans's estates, to the intent they may receive the
benefit thereof, when they shall arrive at their full age of twenty-one
years, (if not otherwise mentioned by the will of the testator) if males, or
day of marriage, if females: And the proceedings therein shall be by
petition, or bill and answer, to be brought by the procJiain amy, or other
person, in the name of the orphan, by the said courts to be appointed for
that purpose : And the same courts shall have as full power as the ordi-
nary or any court of law or equity has in that behalf ; and shall keep a
fair record of all their proceedings, in a book well bound, to be provided
for that purpose ; and that an attested copy of such proceedings, signed
by the clerk of the court, shall be given to any person desiring it, paying
reasonably for the same.
XXVII. And he it further enacted by the authority aforesaid. That where
it shall appear to the said courts, that any executor or executors have To compel!
wasted, embezzeled or squandered any minor's estate, the said county and ^^^'='""''s ^o
precinct courts hereby erected, respectively, shall have full power to com- ''''''''""^*
pel such executor or executors to account, and give bond, with good
sureties, well and truly to account with such minors when of age, and pay
and answer the value of such assets as are or shall come to their hands, of
the testator's estate ; and such bonds shall be made to the president of the
said court, in trust for the said orphan.
XXVIII. And the said courts hereby erected shall have power respec-
tively, to inspect and examine into the accounts of all church-wardens and
overseers of the poor, to the intent that the poor shall be sufficiently pro- accouE/''^
vided for, and to see and take care that the church-wardens do well and church-
truly execute their offices, according to the powers and directions given ^'"'^^"^•
them by virtue of any Act or Acts of Assembly of this Province in that
case made and provided.
XXIX. And whereas, divers unskilful persons do often undertake to
manage and solicit business in the courts of law and equity, to the unspeak- No person to
able damage of the clients, occasioned by the ignorance of such solicitors, P''»ctice with-
whoareno ways qualified for that purpose, tending to the promoting sTofn'' ^""'"^
htigiousness, and encouraging of vexatious suits : Be it therefore enacted
by the authority aforesaid, That no person whatsoever shall practice or
sohcit the cause of any other person, in the said county or precinct courts,
or any other court of law and equity in this Province, unless he hath beeri
heretofore admitted and sworn as an attorney, or hereafter shall be admit-
ted and sworn as an attorney, by the chief justice and judges of the
general and supreme court at Charlestown, under the penalty of one hun-
dred pounds for every cause he shall so solicit, one half to his Majesty for
the use of the public, and the other half to him or them that will sue for
the same : Provided nevertheless, that nothing herein contained shall .
extend or be construed to hinder any person from soliciting or pleading in m"y Jkad his
his own cause, or speaking or pleading in behalf of another, with leave of own cause.
the court first had and obtained, so that he declare on oath, if required,
that he neither has or will accept or take any fee, gratuity or reward, on
174
STATUTES AT LARGE
A. D. 1721.
Acts relating to Courts.
No person at-
tending court
to be arrested
during the sit-
ting of same.
Debtcrs not
worth forty
shillings may
swear out.
Court-houses
and prisons to
be built.
account of such his speaking or pleading, or for any other matter relating
to the said cause.
XXX. And be it farther enacted by the authority aforesaid, That all
persons attending the said county and precinct courts, shall be free from
arrests during the sitting of the said courts, and also during the time of
their coming to and going from the said courts, not exceeding the space
of one day before the sitting of the court, and one day after the rising
of the same court, unless it be in a criminal matter, breach of the peace,
or other misdemeanor.
XXXI. And ichereas, by reason of the credit usually given in this Pro-
vince, divers careless persons spend their time in punch-houses, «kc.,
instead of betaking themselves to labor, and also run themselves^in debt
to country stores much beyond what they are able to pay, and then make
their escapes to North Carolina, and other parts of America, for fear of
arrests and lying in prison, whereby the persons so trusting are greatly
defrauded, idleness greatly encouraged, and the country deprived of the
benefit of the labor of such persons, and of their service in the war
against the public enemy ; to the intent therefore that persons may be
more cautious in giving such credit for the future, and to prevent the
desertion of such poorer sort of people, which is so great a prejudice to
this Province ; Be it therefore enacted by the authority aforesaid, That
where any person shall be in prison on mean process or execution, for any
debt above forty shillings sterling, current money, and hath no visible real
or personal estate, or yearly salary, or any goods or chattels, to the value
of five pounds current money, or be not of any handicraft trade, by the
labor of which he may pay his just debts, and shall make oath in open
court, before the judges of the said county or precinct courts, or any
judges of any other court in this Province, that he is not worth forty shil-
lings sterling, in any worldly substance, either in debts owing to him, or
otherwise howsoever, over and besides his wearing apparel ; and if there
be no person then present that can contradict or gainsay the same, then
such person shall immediately be set at liberty, and stand forever discharg-
ed of all his debts so sued for, and costs of such suit or suits : But in
case such person shall hereafter be discovered to have sworn falsely, he
shall be indicted at the respective courts for perjury, and if convicted,
shall lose both his ears in the pillory, and serve four years as a soldier, in
one of the remote garrisons : Provided nevertheless, that nothing in this
Act contained shall extend, or be construed to extend, or concern any
debt or debts contracted before the ratification of this Act.
XXXII. And be it further enacted by the authority aforesaid. That the
judges and justices hereby appointed, shall, with all convenient speed,
assemble and associate themselves together, in order to consult and agree
for the purchase of a piece of ground, for erecting and building a conve-
nient brick court-house and brick prison, in the several places hereby
appointed, and shall and are hereby impowered to compute the charge
thereof, and to levy the same rateably and proportionably on the several
inhabitants of their respective counties and precincts, by a proportionable
assessment on lands and slaves, according to the precedent yearns tax
before such assessment, and to issue warrants against defaulters, and have
as full and ample power in that behalf for levying thereof, as is given to
any commissioners of taxes, by virtue of any Act of Assembly of this
Province, giving the inhabitants three months notice of the time and place
of paying in the same.
OF SOUTH CAROLINA. 175
Acts relating to Coiirts. A. D. 1721.
XXXIII. And he it fiirtJier enacted by the authority aforesaid, That all Actions for
actions brought for any debts contracted before the ratification of this '''^bts contract-
Act, shall and may be sued for at the general court of pleas in Charles- ratificatTon' of
town, at the election of the plaintiff, so that any persons be not obliged to this Act tube
serve as jurors out of their respective counties and precincts respectively, pl'^'^'i^'.
after the courts have been there respectively held.
XXXIV. And to prevent persons from escaping out of one county or
precinct into another, or removing their goods to avoid the payment ofp
their just debts, after judgment had against them. Be it further enacted, by rmiimo'aU the
the authority aforesaid. That all executions on judgments obtained, either counties and
in the general court at Charlestown, or in any of the said county or pre- p^fj^'j^^e °^''^^
cinct courts, either against the body or the goods, shall run and be directed
into all the counties and precincts of this Province, and be returnable into
the same court from whence they issued ; but that all mean process issuing
out of the said general court at Charlestown, or out of any other the said
county or precinct courts, shall be directed only to the marshal or sheriff
of the said county or precinct respectively, excepting it be for a debt,
hona fide, of the value of one hundred pounds sterhng, which shall be
issued out of the said general court at Charlestown, and run into all the
said counties and precincts ; and except before excepted, for a debt con-
tracted before the ratification of this Act, in which case the process shall
run into all the said counties, as heretofore hath been used.
XXXV. And he it further enacted by the authority aforesaid, That the
provost marshal for the time being, shall, from time to time, at the request ^/°y°^' '"^1"
of the said justices respectively, appoint deputies for executing all process deput?es^^^*"
issuing out of the said county and precinct courts, one for each court, who
shall be commorant in the prison-house, unless his Excellency the Gover-
nor for the time being shall think fit to appoint some other proper officer
for that purpose : And the provost marshal shall be answerable for all
escapes of prisoners out of the said prison, or out of the hands of his
deputies, or other misfeazances and neglect of his said deputies, and shall
be subject to such action or actions, penalties and fines, as any sheriff or
sub-sherift' in South Britain are subject unto : Provided nevertheless, that
such suits, penalties and fines, shall be recovered and imposed on the pro-
vost marshal at the general court in Charlestown.
XXXVI. And he it further enacted by the authority aforesaid. That the
justices of the said county and precinct courts, shall be allowed the same Justices fees,
fees as are allowed to the chief justice in Charlestown, to be equally divided
between all the said justices, for their expenses, and the other officers of
the said courts shall be allowed the same fees as the officers of the courts
in Charlestown.
XXXVII. And he it further enacted, by the authority aforesaid. That
the said county and precinct courts hereby erected, and every of them , [^°jj"e"eourts of
shall, and are hereby deemed and declared to be, courts of record, and record,
shall and may act and proceed accordingly.
XXXVIII. And he it further enacted by the authority aforesaid, That
all process of subpoena for witnesses, as weU in civil as criminal causes, f'"?*'''.^,^' *^j^
issuing out of the said supreme court in Charlestown, or out of any other
the said county and precinct courts, shall run and be issued into all the
counties and precincts of this Province, and also all writs of attachment
for contempt, and other compulsory process forcing obedience to any inter-
locutory or final order, judgment, sentence or decree, had and obtained in
any of the courts aforesaid.
176 STATUTES AT LARGE
A. D. 1721. Acts relating to Courts.
XXXIX. And whereas, it may prove inconvenient to have the original
A-"*^l^.'^ *^°^'f^ records taken out of the respective otTices, in order to be produced as evi-
cords,&c. shall dence at the several courts in this Province, Be it further enacted by the
be allowed authority aforesaid, That an attested copy of any Act or Ordinance of
good evidence, ^j^^ General Assembly of this Province, signed by the Secretary of this
Province, and also attested copies of all records, signed by the keeper of
such records respectively, shall be deemed and allowed for as good evi-
dence in the said courts, as the original could or might have been, if pro-
duced to the said courts ; and also all testimonials, probates, certificates,
and other instruments under the great seal of this Province, or any of the
other governments in America, bishop of any diocess, lord mayor of Lon-
don, or mayor or chief magistrate of any town corporate in Great Britain,
Ireland, or any of the plantations, or elsewhere, or under the court seal of
any court of judicature, or under the sign manual and notarial seal of any
notary public of any the places aforesaid, shall be likewise deemed and
allowed to be good evidence in any of the courts of judicature in this
Province.
JA. MOORE, Speaker.
Charlestoion, Septemher 20, 1721.
Assented to by FR. NICHOLSON, Governor.
No. 449. AN ACT for authorizing the General Court in Charles City
AND Port, to exercise several powers and privileges allowed
to the county and precinct Courts in this Province ; and some
OTHER regulations.
WHEREAS, the supreme and general court held in Charles City and
Preamble. Port, ought to enjoy such powers, authorities and privileges that were
granted to the several county precinct courts in this Province, by one Act
of the General Assembly, entitled " An Act for estabhshing county and
precinct courts,^'' ratified the twentieth day of September, in the year of
our Lord one thousand seven hundred and twenty-one, which having been
experienced to be of great advantage and ease of Majesty ^s subjects of this
Province ; we pray your most sacred Majesty that it may be enacted,
I. And be it enacted, by his Excellency, Francis Nicholson, Esq. Gov-
Matters of dis- ^'""'^i' *^c., by and with the advice and consent of his Majesty ^s honora-
count, between ble council , and the Assembly of this Province, and by the authority of
plaintifl and ^j^g same, That immediately from and after the ratification of this Act,
cl6i6ncl£Liit now . •
to be settled, that the general court to be held in Charles city and port, and the precinct
of the same, be empowered to authorize and order, that if the plaintiff
who commences an action, be indebted to the defendant on any account
whatsoever, the defendant shall be liable, if he see fit, to give the same in
evidence, by way of discount, and the same shall be noted and judgment
entered up for the balance only; and if the plaintift' be indebted to the
defendant more than the defendant is indebted to the plaintiff, judgment
shall be entered for the defendant for the overplus, and an execution go
against the plaintiff for such overplus, and the verdict shall be special, and
OF SOUTH CAROLINA. 177
Acts relating to Courts. A, D. 1722.
the judgment entered up specially ; Provided nevertheless, that the defend-
ant intending to discount any sum or sums of money alledged to be owing
him by the plaintiff, do, at least twelve days before the trial, make a copy
of such articles and sums which he intends to insist upon at the trial to
have discounted, and deliver the same to the plaintiff or his attorney,
twelve days before such cause comes to be tried, to the intent the plaintiti'
may be prepared to disprove the same if he see tit, and the articles of such
discount shall be proved to the court by such vouchers and in such manner
as the said precinct court law requires in such cases ; any law, custom or
usage, to the contrary thereof in any wise notwithstanding.
II. And be it further enacted by the authority aforesaid, That if any
cause be depending in the said general court, or within the jurisdiction of ^-'I'ltls antl
the same, whereof the lands or plantation belonging to the inhabitants or JJjg " jg'^g^j^'"
owner thereof shall be brought into dispute, the chief justice and assistant veyorsto be
judges of the said court shall appoint surveyors at the nomination of the app"'"tf!il.
parties, to survey the same at the charge of the said parties, and to return
such survey on oath, at the next sitting of the said court ; and in case
either of the parties shall refuse to nominate a surveyor duly sworn and
qualified, then the said court shall proceed to nominate two or more
such surveyors as they shall think fit, in order for the better finding out and
discovering the truth of the said matter in difierence, and if the court shall
acquiesce in the return of the surveyors so given in on oath, as aforesaid,
the same shall be allowed as evidence ; and in case any action shall be
brought for a trespass or waste committed in the plaintiffs land or tene-
ments, the chief justice or assistant judges of the said court shall have
power to appoint one or more sufficient persons to view the said trespass or
waste, if need be, who shall return an account thereof on oath, at the next
court, and the true value of the damages occasioned by such trespass and
waste, and the same shall be allowed as evidence, if the court shall see fit ;
any law, custom or usage to the contary thereof in any wise notwith-
standing.
III. And be it further enacted. That the said general court shall be,
and is hereby, further empowered to imprison obstinate and incorrigible ^®."^'''*.°"J^
servants, who shall desert their master's service, or refuse to work, as also,serted servants
loose, scandalous, idle persons, and appoint their allowance to be bread and ?"d o'f'er pun-
water, for which the keeper of the gaol for the time being shall be allowed
two shillings and six pence current money per diem, in full of all fees, and
no more , and the said court shall have full power to order such bodily cor-
rection and punishment to the said loose, disorderly persons and servants,
as in their discretions they shall think fit, such punishment not extending to
life or limb, any thing to the contrary in anywise notwithstanding.
IV. And be it further enacted , That the said general court shall have
full power to sue for all legacies, gifts and donations given to free schools To sue for le-
and other public uses within the iurisdiction or precinct of the general court p'-'J'^s and gifts
/• /-ii 1 • 1 • r 11 i- J.1 *" "'ee schools,
of Charles city, and to appoint one or more treasurers ter collecting the in the name of
same, who shall be likewise treasurer for all sums levyed in the said pre- '''e King.
cinct, which treasurer shall be accountable to the said court for the same,
and all actions or suits for such gifts, legacies and donations, shall be
brought in the name of the King, for the uses mentioned in this Act, and
for no other whatsoever ; any law, custom or usage heretofore to the con-
trary thereof in any wise notwithstanding.
V. And be it further enacted by the authority aforesaid , That the chief
justice and assistant judges of the said general court, shall permit any
VOL. VII— 23.
178 STATUTES AT LARGE
A. I). 1722. Acts relating to Co%irts.
Persons may peisoii, cither plaintiff or defendant, who shall have any cause depending
cause.' '^"^ "^^^ ^" ^^^ court, desiring leave of the court to be heard, to plead their own
cause, without obliging him or them to fee a council or attorney for that
purpose ; any rules, orders, customs or usage of the said courts to the con-
trary thereof in any wise notwithstanding.
VI. And be it further enacted, That in all causes and actions brought,
In what causes yvherein the debt shall not be adjudged to be above twenty pounds current
not allow money of this Province, that then the chief justice and assistant judges
above one half shall not allow above one half the fees that shall arise upon such action,
o t e ees. ^^^ they are hereby required to tax the same accordingly ; any thing in
an Act entitled " An Act for ascertaining public officers fees," or in any
other law, or any usage or custom, to the contrary thereof notwithstanding.
VII. And be it further enacted by the authority aforesaid, That no
When a writ of writ of certiorari, or other process whatsoever, shall lye or issue forth from
certiorari or i]^q general court of pleas, assize, sessions or seneral gaol delivery, or any
other process ■ . o^-/'*'
shall issue, other court to be holden in Charles city and port, for removing any record,
process, pleadings or other proceedings whatsoever, out of the said county
or precinct courts, or any of them, unless it be for a matter above the
value of t^yenty-five pounds sterling, in causes civil, nor in any matters
criminal whatsoever, not extending to life or limb ; nor shall the judges of
any of the courts of Charles city and port, have power to examine, discuss
or determine such civil or criminal proceedings, so as to amend, alter,
vacate or otherwise rule, order or adjudge any matter or thing Avhatsoever,
in contradiction thereunto ; any law, custom or usage to the contrary thereof
in any wise notwithstanding.
VIII. And be it further enacted by the authority aforesaid, That if any
Persons indict- person or persons whatsoever, shall be indicted, presented or prosecuted at
ed and returned the general sessions of the peace, assizes or general gaol delivery, to be
be discharged, held in Charles city and port, or in any other court in this Province,
paying half for any criminal matter, and that the grand jury shall return an ignorainus
upon such indictment, or be found not guilty by the pettit jury, that then
the person or persons so prosecuted and cleared, shall be discharged from
the said Court, paying one half of the fees, as is usual in such cases; any
law, usage, practices or customs heretofore practised, to the contrary
thereof in any wise notwithstanding ; Provided always, that nothing in
this Act shall be [construed] to extend to infringe on any of the powers and
jiirisdictions already given to the corporation of Charles city and port.
J A. MOORE, Speaker.
Cpuricil Chamber, Charles City and Port, February 2Z , 1722.
Assented to by FR. NICHOLSON, Governor.
fees
No. 466. A.N Additional ACT to an Act entitled " An Act foe estab-
lishing County and Precinct Courts."
WHEREAS, by an Act entitled " An Act for establishing county and
Preamble precinct courts," it is enacted, among other things, that the presidents of
the several courts therein mentioned, with the advice and consent of the
OF SOUTH CAROLINA. 179
Acts relating to Courts. A.M. 1 722.
major part of the other judges, at the time of the sitting of the courts^
shall have full power to determine the right of administration of the
estates of persons dying intestate j in their several jurisdictions, and also
all disputes concerning wills and executorships ; to take order concerning
all orphan"'s estates, to call guardians to account, and other persons who
have embezzeled orphan's estates, and the proceedings therein to be by
petition or bill and answer : And whereas, it has been thought inconve-
nient to confine the determination of the said matter to certain days pre-
fixed for holding the said courts, which is but once in three months, and
three days allowed only for transacting the same ; We therefoie pray your
most sacred Majesty that it may bo enacted,
I. And be it enacted^ by his Excellency Francis Nicholson, Esquire j
Governor, by and with the advice and consent of his Majesty's honorable f'^ courts of
Council, and the Assembly of this Province, That the said courts of jji(vy\g\j.,y^
orphans for hearing and determining the matters aforesaid, shall be always
open, and shall and may adjourn to .any day or place certain, where it
shall be most convenient for the coming of the said justices within the said
precincts, or till further sunnnons, as they shall see occasion, giving fifteen
days notice thereof in writing, by subpoena or summons; exclusive of the
day of service, for all parties concerned to attend ; and the clerk of the
courts at the instance of any two of the justices of the said courts respec-
tively, shall cause the other justices to be summoned for that purpose, by
directing a precept to the marshal, or otherwise as he shall see most con-
venient ; and the proceedings of the justices therein shall be of the same
force and effect as if done at the days and places prefixed in the said Act
for holding the said courts.
II. And whereas, the holding of the county and precinct courts four
times a year, hath been deemed too great a fatigue, both to the justices, Courtsof com-
magistrates and jurors, and the business of the said courts may be dis- mon pleas and
patched with the same ease and advantage to the clients, with some altera- hoWe"" twke a
tions in the practice of the attornies ; Be it therefore enacted by the author- year.
ity aforesaid. That the several county and precinct courts established by
the Act before recited, that is to say, the said courts of common pleas and
sessions shall from henceforth be holden half-yearly, or twice in the yearj
viz : The court of Wassamsaw, on every second Tuesday in January and
July ; the court called Wando precinct, on every second Tuesday in De-
cember and June ; the court at Echaw in Craven county, on the last
Tuesday in December and June; the court at Willtown, in Colleton
county, on every last Tuesday in January and July ; and the court at
Beauford town, in Granville county, on every last Tuesday in February
and August.
III. And whereas, heretofore there was but one place throughout the
Province, to wit, at Charlestown, now Charles city and port, for holding of Cause to be
all courts, to the great inconvenience of the inhabitants, as in the said ^,"^^'^^1'"^']^^^^
recited Act is mentioned : And vjhereas, it is provided by the said Act the defendant
for establishing county and precinct courts, that all pleas, civil and crimi- 'j^es at the
nal, happening or arising within the said precincts respectively, shall be ^^^u',.;, jj,g'
decided and determined at the said precinct courts : And whereas, by one suit.
other clause of the same Act, it is enacted, that the action shall be brought,
the venire laid, and the cause tried, where the defendant lives, or is arrest-
ed ; and whereas, by reason of the said last mentioned words, (or is arrest-
ed,) the said Act hath been evaded, inasmuch as there is but one general
market, viz. Charles city and port, where all persons are obliged to attend.
180
STATUTES AT LARGE
A. D. 1723.
Acts rdatins to Courts.
Method of
practising to
be observed in
the county
courts.
to negotiate their business ; Be it tlierefore enacted by the authority afore-
said, That if the defendant's habitation or usual place of abode be in
Colleton or Granville county, or within the precincts mentioned in the
said recited Act, at the time of commencing the suit for all debts con-
tracted since the ratification of an Act entitled "An Act for establishing
county and precinct courts," notwithstanding his being arrested in Charles
city and port, the venire shall be laid, and the cause tried and determined,
at the courts established in Colleton and Granville counties, and the pre-
cincts of Wassamsaw, Echaw and Wando respectively, where the defen-
dant lives, or hath been commorant for above one month then last past,
and thall not be tried, heard or determined in any of the courts of Charles
city, or other place whatsoever, excepting for a sum exceeding one hun-
dred pounds sterling, or in case of appeal, or for a criminal matter extend-
ing to life or limb, as in the said recited Act is excepted, or except such
person have set up his name to go off this Province ; and if the defendant
shall be arrested in Charles city and port, the issue, whether of law or
fact, shall be fitted up by the plaintift'^s or defendant's attorney, and be
transmitted, under the seal of the chief justice, to the judges of the county
and precinct courts, to be tried in that jurisdiction where the defendant
lives, and shall not be tried in Charles city and port.
IV. And tohereas, the appointment of the county and precinct courts to
be held half-yearly, will occasion an alteration in the practice settled by
the said Act for establishing the said county and precinct courts ; 5e it
therefore enacted by the authority aforesaid, That for the court of pleas,
the first writ or process shall be by summons or capias, to be signed by one
of the justices, and signed and sealed by the clerk, which shall contain
the substance of the declaration, or have the declaration thereunto annex-
ed, and shall be served on the defendant forty days before the sitting of
the then next court, with notice endorsed thereon by the plaintiff, or his
attorney, that if the defendant has any defence to make, he do plead in
twenty days after service of the said writ or writs and declaration, and
that he must file his plea with the clerk of the court, at the next sitting of
the court, and in the mean time serve a duplicate or copy of the same on
the plaintiff or his attorney, in twenty days exclusive after he receives the
writ or writs and declaration, or judgment will be entered up against him,
by default, and the justices shall cause judgment to be entered up by de-
fault accordingly ; and if the plea be special, the plaintiff or his attorney
may demur or reply forthwith, and serve the defendant or his attorney
with a copy of the same, and notice to join in demurer, or rejoin or take
notice of trial, as the cause may require ; and the cause shall be tried or
argued of course without further notice, at the then next court whence the
action issued, so that such notice of trial or to argue the demurrer, be
served on the defendant, or left at his house with some white person, or
served on the defendant's attorney at law ; and if there be a demurrer for
form, to the declaration, plea or replication, or plea in abatement for vari-
ance, the plaintiff or defendant shall amend in course, paying forty shil-
lings costs ; and if the plaintiff neglect to bring on his cause to trial the
first court, the cause shall be tried in course the next following, the defen-
dant or his attorney giving notice thereof to the plaintiflf or his attorney,
in writing ; and if there be a joinder in demurrer for form, and the de-
murrer be over-ruled, the defendant shall plead instanter, and the cause
come on to trial the same court ; and the said county or precinct courts
shall establisli sucli further rules for practice, not repugnant hereto, as may
seem reasonable for the better dispatch of business.
OF SOUTH CAROLINA. 181
Acts relating to Courts. A. D. 1722.
V. And he it further enacted by the authority aforesaid, That the same
jurors which serve as petit jurors, shall serve as jurors for the common Jurors,
pleas in the said county and precinct courts, and the tales-jurors shall
be always taken out of the standers-by ; and the judges, coroners, mar-
shals and constables of the county and precinct courts, or any of them,
shall not be obliged to attend at the general court of sessions, or any other
courts hereafter to be holden in Charles city ; any law, usage or custom
to the contrary in any wise notwithstanding.
VI. And he it further enacted by the authority aforesaid. That the
judges or justices for every county or precinct court in this Province, shall r .■
, ° •* , ,, 1 , ■ ^ J ■ ^ , Justices to an-
have power, and they are hereby impowered, to appoint coroners lor each point coroners.
county or precinct court of which they are judges or justices, whose
power shall not extend without the limits of their respective jurisdictions ;
provided nevertheless, that every such person so to be appointed coroner for
any of the said precinct courts, or county courts, shall first be recom-
mended to the Governor and Council for the time being, in order to have
the approbation and commission of the Governor for the time being, to
enable such coroner to act in his said office ; and the said judges of all
and every the said county and precinct courts, shall not put out or displace
any coroner, without the consent and approbation of the Governor and
Council first obtained; and the coroner of Berkley county, after such
coroners are established, shall not act in any place where the others are
appointed and have jurisdiction.
VII. And he it further enacted by the authority aforesaid. That the
justices of the said county and precinct courts, shall have power to appoint And consta-
constables within the limits of their jurisdictions respectively, either in '^''^^•
court or without, as occasion may require, and the same to displace and
supercede, and appoint others in their room, as oft as need shall be ; and
the said justices shall have the same power of fining the said coroners and
constables, as also the marshals of the said courts, for breaches or neglects
of their duty, as the courts of Westminster, in Great Britain.
VIII. And tohereas^ it may so happen, through sickness or other accident,
that there cannot be a quorum of the justices to adjourn the said county •^"?*"^®^'"'*y
. • . •^ 8(iiourn the
or precinct courts ; Tie it therefore enacted by the authority aforesaid. That court.
if any one or two of the said justices waiting till past the hour of twelve,
on the first day of each court respectively, and the other justices not
being able to come, through sickness or other accident as aforesaid, shall
have power to adjourn the said courts to the next day, or to the next time
appointed by the Act for holding thereof : and all causes shall be continued
of course, from time to time, without entering the continuance thereon,
whether the said justices do come or not, unless the plaintiffs or justices
of the court shall see cause to discontinue the same, on motion of the
plaintiff; and all actions and suits already begun in any of the said county
or precinct courts, be, and are hereby declared to be, revived and continu-
ed, notwithstanding the failure of the coming of the same justices.
IX. And whereas^ it may often happen that the attorney general or
council for the King cannot attend to prepare or prosecute indictments for Any attorney
criminal offences ; Be it therefore enacted by the authority aforesaid, That pay prosecute
any barrister or attorney at law may prepare and prosecute indictments, '" '*^ ™^" ®"
by leave and appointment of the justices of the said county and precinct
courts, and be allowed the same fees as arc appointed for the attorney
general.
182
STATUTES AT LARGE
A. L». 172-3.
justices im-
powered to
purchiise land
for building a
court-house.
And a free
school.
Pay of school
master.
Writs of reple-
vin, &c. shall
be executed
throughout the
whole Pro-
vince, and re-
Acts relating to Courts.
X. And he it further enacted by the authority aforesaid, The said
justices shall have power to purchase lands to them and their successors,
fitting and convenient for building a court-house, and inn for entertain-
ment of those who must necessarily attend at the said county and precinct
courts, and for pasturage of horses, and to assess and levy the charge of
purchasing the said lands, and building a brick court-house and brick or
wooden prison, on the lands and negroes lying and being within the juris-
diction of the said county and precinct courts respectively.
XI. And be it further enacted by the authority aforesaid, That the
said justices of the county and precinct courts respectively, are hereby
fully authorized and impowered to purchase lands for erecting and build-
ing one free school, in the most convenient place within their counties
and precincts respectively, where they shall agree to, for the education and
boarding of youth, and to erect and build a free school thereon, and to
levy and assess the charge thereof on the lands and slaves lying and being
within the said jurisdiction and precincts respectively, and the justices
shall have power to levy the same, by warrants under their hands and
seals, against the goods and chattels of defaulters, which warrants shall
run and be executed by any person who shall be appointed by the said
justices to execute the same, throughout all and every part of this Province,
as well for the charge of purchasing of the lands which they shall think
necessary for the said court-houses, inns and prisons, as for the said free
schools, and for the charge of building such court-houses, prisons and free
schools, and to nominate and appoint one or more school-masters for the
same free-schools respectively, and the same at pleasure to displace, and
appoint others in their stead.
XII. And whereas^ the stipend already allowed to school-masters is much
too small ; and to the intent that good and able school-masters may be
encouraged to come and settle in the said precincts, Be it therefare enacted
by the authority aforesaid. That every school-master who shall be qualified
according to his Majesty's instructions, and be recommended by the Gov-
ernor and the majority of the Council then subsisting, and shall be well
skilled in the Latin tongue, and shall be approved of by the justices of the
county and precinct courts, and shall actually live and reside and teach
school within the limit and jurisdiction of the said county and precint
courts respectively, shall receive yearly, from the treasurer of the said
counties and precincts respectively, the sum of twenty-five pounds procla-
mation money, which sum shall be levied by the said justices of the said
county and precinct courts respectively, on the lands and slaves within
their respective jurisdictions, according to the discretion of the same jus-
tices ; and the said justices of the county and precinct courts shall have
all the same powers as are given to the commissioners of the free school
in Charlestown, now Charles city and port, by virtue of an Act entitled
"An Act for founding and erecting a free school in Charlestown, for the
use of the inhabitants of this Province of Sou tit Carolina,'" ratified the
twelfth day of December, one thousand seven hundred and twelve ; and the
said school master shall teach ten poor children gratis, yearly, if sent by
the said justices.
XIII. And he it further enacted by the authority aforesaid. That all
writs of replevin for goods distrained or seized unjustly, within the juris-
diction of the said county and precinct courts, and carried out of the
same, all writs or actions on bail bonds, and bonds given on writs of re-
plevin, writs of scire facias, capias profine, and all other process whatso-
OF SOUTH CAROLINA. 183
Acts relating to Courts. ^•^- ^'^'^'^^
ever, where the cause was originally pending in the said county and pre- tumable to
cinct courts, shall run and be executed in and throughout all parts of this g"urtg°^hence
Province, and be served by the marshals of such county and precinct the ssime
courts respectively, and be returnable and returned into the said county issued,
and precinct courts whence the same issued, and not otherwise ; any thing
in the Act for establishing county and precinct courts, or any former law,
to the contrary thereof in pny wise notwithstanding : And the courts of
Charles city and port, where the cause was originally pending before
them, shall have the same power.
XIV. And whereas, the justices of the peace living within the jurisdic-
tions of the several county and precinct courts, are obliged to serve as p;„g jp^p^g^^
jurors at such courts, and are fineable for their non-attendance, both as on justices for
magistrates and jurors; Be it further enacted by the authority aforesaid , "^"'J'^"^"'^*"'^®
That the fine of five pounds, imposed on the justices of the peace by the
Act for establishing county and precinct courts, for their non-attendance
in their capacity as justices of the peace, shall from henceforth cease.
XV. And he it further enacted by the authority aforesaid, That the said
justices of the said county and precinct courts respectively, or a quorum Justices of the
• .. coiiiitv courts
of them, shall, and are hereby impowered, from time to time, to lay out, ,„ lay out and
alter, repair, amend and keep in repair, all such roads as they shall think repair roads,
proper and convenient to be made, mended and repaired, leading to and ^j]'jj.^g®^^^j|^'^
from the said county and precinct courts, and every of them, and to ap- inhabitants,
point such persons^s slaves to work thereon, as are living within their res-
pective jurisdictions, when, where and as often as they shall think need-
ful, or to assess and levy all such sums of money on the inhabitants living
within their jurisdictions respectively, which they shall agree and pay to
any person who shall undertake the doing thereof : And the said justices
shall be, and are hereby, invested with all such other powers as are given
to the commissioners of high-roads, so far as to enable the said justices to
cause the roads leading to the said courts respectively, to be made, mended
and repaired.
XVI. And he it further enacted by the authority aforesaid. That all the p;„es accruing
fines and forfeitures accruing and arising by virtue of this Act, and the by this and for-
Act for establishing county and precinct courts, shall be sued for in the ^^^^j^y^J?^]^'
name of the King, and be paid into the hands of the treasurers of the the name of
said several county and precinct courts, to be disposed of by an order of th^ ^^'"8^' ^"'*
the several judges or justices, for the use of the said several counties and {*reasiirer.
precincts, and for no other use, intent or purpose whatsoever.
JA. MOORE, Speaker.
Council Chamher, Charles City and Tort., February 23, 1722.
FR. NICHOLSON, Governor.
184 : STATUTES AT LARGE
A. D. 1734. Acts relating to Coarts.
No. 583. AN ACT for the better regulating the Courts of Justice in
THIS Province, and for altering the time of holding Courts.
Preamble.
WHEREAS, by the laws and customs of that part of the kingdom of
Great Britain heretofore called England, for the better and more effectual
dispensing law and justice to all his Majesty's liege people, certain courts
of record have been erected and estabhshed by the names and titles of the
Court of King's Bench, the Court of Common Pleas, and the Court of Exche-
quer, in which courts, respectively, do preside a chief justice and three
puisne judges, and a chief baron and three puisne barons ; in which said
courts the said puisne judges and barons, respectively, have equal voices,
power and authority, in hearing and determining all causes which come be-
fore the said courts, respectively, within their respective jurisdictions, with
the said chief justices and chief baron : And ichereas, also, by the laws
and customs of divers of his Majesty's plantations in America, there are
appointed chief justices and three or more judges in the respective courts
erected and established in the said plantations, respectively, for the better
and more effectual distribution of justice ; and three or more of the said
judges or justices may, and often do, hold the said courts, and hear and de-
termine all causes coming before them in the said courts, within their res-
pective jurisdictions, in the absence of the chief justices of the said courts,
that no complaints for want of justice may be heard in the said courts :
And ivhereas^ his Majesty, by his royal commission or letters patent, under
the great seal of Great Britain, constituting his Excellency Robert John-
son, Esq. governor, captain-general and commander-in-chief in and over
this Province, hath been graciously pleased to authorize and empower his
said Excellency to constitute and appoint judges, and in cases requisite, com-
missions of oyer and terminer, justices of the peace, and other necessary
officers and ministers in this Province, for the better administration of jus-
tice, and putting the laws in execution : And xchereas, certain courts of re-
cord, of general sessions of the peace, oyer and terminer, assize and gene-
ral goal delivery for criminal matters, and of common pleas for all civil
matters, have been heretofore erected and established in this Province, to
be holden before a chief justice, and two or more judges or justices, to sit
in judgment, and hear and determine with the chief justice all causes that
should come before them in the said courts : And %ohereas, of late, divers
disputes have been moved and stirred concerning the powers and authorities
of the said judges or justices; for the prevention whereof, for the future,
and to the end that justice in the said courts may be the better and more
duly administered in this Province, we humbly pray your most sacred Ma-
jesty that it may be enacted,
L And he it enacted^ by his Excellency Robert Johnson, Esq. Governor,
Captain-General and Commander-in-chief in and over his Majesty's Pro-
vince of South Carolina, by and with the advice and consent of his Majesty's
honorable council, and the Commons house of Assembly of this Province,
and by the authority of the same, That the judges and justices, and every
dcefTo^ hold^' of them, of the said court of general sessions of the peace, oyer and ter-
court together, miner, assize and general goal delivery, and of the said court of common
pleas, in this Province, appointed and to be appointed by his Excellency the
Governor of this Province, and the governor for the time being, shall have,
and they and every of them are liereby invested with full and ample pow-
er, jurisdiction and authority, to sit in and together with the said chief jus-
tice of the said courts to hold the said courts respectively, and to sit in
OF SOUTH CAROLINA. 185
Act." relating to Courts. ^- ^- ^^3'*-
judgment in the said courts, and hear, try, determine and give judgment in
all causes, civil and criminal, real, personal and mixed, which shall come
before, or shall be commenced, sued or prosecuted in, the said courts, res-
pectively, and which shall be within their respective |jurisdictious ; which
said judges or justices, and every of them, in the said courts, respectively,
shall have equal voices and power with the said chief justice, in pronoun-
cing and giving judgment in all causes, whatsoever, pending or to be pend-
ing in the said courts, and either of them, and to hear and determine all
motions and other matters whatsoever, as fully and am.ply, to all intents and
purposes, whatsoever, as the justices or judges, or puisne judges and barons,
in his Majesty's Courts of King's bench, Common Pleas, and Exchequer, at
Westminster, or any or either of ihem, have, or ought to have; any law,
statute, usage or custom to the contrary notwithstanding.
II. And that there be one settled form for all writs and process, be it fur-
ther enacted by the authority aforesaid. That from and after the ratification
of this Act, all writs and process issuing from the said courts, and either of
them, shall be returnable before our justices.
III. And he it further enacted by the authority aforesaid. That from j^ ^.^^gg „f ^^^j.
time to time, and at all times iiereafter, when and as often as it shall hap- sence of the
pen that the chief justice of the said courts, or either of them, shall, through ^'^'*^^j"^"'^®"
sickness or any other reason, be absent from or not attend the said courts
on the days and times appointed or to be appointed for holding the said
courts or either of them, or if the said chief justice shall withdraw himself
from the said courts or either of them, that then, and in every such case,
it shall and may be lawful to and for the said other judges or justices, or
any three or more of them, and they are hereby authorized and empower-
ed, to hold the said courts, and to proceed therein in all matters and things
whatsoever before the said courts, in their respective jurisdictions, as fully
and effectually, to all intents and purposes whatsoever, as if the said chief
justice was then actually sitting in the said court ; any law, usage or cus-
tom to the contrary in any wise notwithstanding.
IV. And he it further enacted by the authority aforesaid. That in all
actions of debt, actions of detinue, actions of account, actions of covenant. Damages un-
for covenant broken, actions of trover and conversion, and actions upon ^.^^gfg gu'^^gj^
the case whatsoever, that shall be'brought, commenced, sued or prosecuted
in the courts of common pleas in this Province, from and after the twenty-
fifth day of May, which will be in the year of our Lord one thousand
seven hundred and thirty-four, and wherein the debt or damages found by
the jury who shall try such actions respectively, does not amount to more
than the sum of thirty-five pounds current money of this Province, no more
than half the usual costs shall be taxed or allowed to the plaintiff" or plain-
tiffs in such action or actions, nor shall be paid to the judge or judges, attor-
neys, marshal, clerks, or other officers of the said courts wherein such
action or actions shall be tried ; any law, statute or usage to the con-
trary notwithstanding.
V. And he it further enacted by the^authority aforesaid. That it shall pjjpj^i.gjpgyg
and may be lawful to and for the several factors in this Province, or here- in their own
after to be in this Province, to commence, sue and prosecute any action or "ames.
suit, in any of the courts of common pleas in this Province, in their own
names, for any debt or sum of money due for any wares, goods or merchan-
dize, by them sold for their respective principals.
VI. 'Provided ahoays, and be it further enacted by the authority afore- proviso.
said. That all and every such action and actions so sued and prosecuted
VOL. Vil.— 24.
186 STATUTES AT LARGE
A. D. 1734. Acts relating to Courts.
in the name of such factor and factors, shall and may be pleaded in bar
of any action or actions, or be given in evidence on the general issue
pleaded in any action or actions, brought, sued or prosecuted by the princi-
pal of such factor or factors in their own name for the same cause or causes,
or for the same goods, wares or merchandize, for which such factor or
factors shall sue or prosecute ; and that all recoveries in any action or suit
by a factor or factors in his or their own name or names, for any debt or
dues of his principal or principals, shall be a good and full and perpetual
bar and discharge against the principal and principals of such factor and
factors, their executors, administsators or assigns; any law, statute or usage
to the contrary notwitlistanding.
VII. And tvhereas, It is not necessary for the several magistrates and
Magistrates officers of justice to this Province, who have no recognizances or other
&c. in case matter to return to the court of general sessions of the peace , oyer and
they have no terminer and general gaol delivery for this province, to attend the said
cused from at- court ; Be it enacted by the authority aforesaid. That all and every the
tendance on justices of the peace, magistrates and constables, who shall, at any time or
times hereafter, have no recognizances or other matters to return to the
said court, shall, and they are hereby, freed, discharged and exempted of
and from all fines and penalties whatsoever, for non-attendance at the said
court, and the said courts for the time being; any law, statute or usage
to the contrary notwithstanding : — Provided always, that nothing herein
contained shall be taken or construed to extend to the constables or other
officers living and residing within the parish of St. Philip^s, Charlestown.
VIII. And whereas, the time of holding the court of common pleas in this
Times of hold- Province on every second Tuesday in August, yearly and every year, is
"if '^'T"^ found, by reason of the heat of the summer season, and the attendance re-
quired to be given, the crops then on the ground, to be very inconvenient
to the judges, practitioners, partys and jurors, who are obhged to attend the
said courts ; and tvliereas, the altering the time of holding the said court to
the second Tuesday in October, will require that the court of common pleas,
holden on the second Tuesday in November, be also altered ; Be it there-
fore enacted by the authority aforesaid. That the said court of common
pleas, appointed to be holden on the second Tuesdays in August and Novem-
ber, shall forever hereafter be holden and kept in Charlestown on the second
Tuesdays in October and the second Tuesdays in December, yearl}^ and eve-
ry year; and that all writs and other process whatsoever, that were or ought
to be returnable at the courts of common pleas, usually or heretofore appoint-
ed be holden on the said second Tuesdays in August and November, shall be
made returnable and be returned on the second Tuesdays in October and De-
cember respectively, yearly and every year ; and that all matters and things
whatsoever, relating to the said August and November courts, and usually
transacted therein, shall be had and done, as fully and eflectually to all
intents and purposes whatsoever, in the said courts on the second Tuesdays
in October and December, as if the said courts were kept and holden on
the second Tuesdays in August and November ; any law, statute, usage or
custom to the contrary in any wise notwithstanding.
IX. And ivhereas, equal law and justice ought to be distributed to all
„ ., . his Majesty's subjects , Be it further enacted h\ the authority aforesaid,
ses of account. That all planters and other persons in this Province, keeping just and fair
accounts, shall, in all actions and suits whatsoever, be admitted and allowed
as good evidence to prove their accounts, in such and the same manner as
the merchants and shopkeepers in Charlestown are admitted and allowed
Feme covertes.
OF SOUTH CAROLINA. 187
Acts relating to Courts. ^- ^' ^^^4.
by any law or usage in this Province ; any law or custom to the contrary
notwithstanding.
X. And tvhereas, by a law of this Province, actions are admitted and
allowed to be brought against /e7«e covertes that are separate traders, and ^gp'^^.^^'^'^f'',!^
judgments and executions ^o be awarded against them for any debt con- ders.
tracted by them as separate traders, as if they were sole, but no provision
hath hitlierto been made, to enable such separate traders to maintain actions
for goods, wares or merchandize, by them sold and delivered to any person
or persons whatsoever ; Be it therefore enacted by the authority aforesaid ,
That it shall and may be lawful to and for snch. fejne covertes, who are or
shall be separate traders, to commence, prosecute and carry on in the
name of her husband, any action or actions, suit or suits, for the recove-
ry of any debt or debts, due or to grow due, for any goods, wares or mer-
chandize, which she, as a separate trader, shall sell and deliver to any person
or persons whatsoever, and shall be admitted as a good and sutficient
witness, to prove her books and accounts of the same, to all intents and pur-
poses whatsoever, as if she were sole, or as if the action and actions were
so commenced, sued and prosecuted, by any merchant, shopkeeper or other
person whatsoever, in his own right.
XI. And whereas, by late experience it has been found that great incon-
veniences, hardships, expenses and delays of justice hath accrued to the l^ine on jurors
prejudice of many of the inhabitants of this Province, by the neglect and j^°„'j,'"_""'^
for want of the due attendance of such persons as have been duly drawn
and summoned to .serve as jurymen in the several courts of justice, and
that such inconveniences, hardships, expenses and delays of ju.stice are
chiefly occasioned by the smallness of the fine appointed and directed by
the jury law to be set on such defaulters; Be it therefore further enacted
by the authority aforesaid. That from and after the ratification of this law,
all persons who shall be duly drawn and summoned to serve as jurymen in
any of his Majesty's courts of record in this Province, who shall neglect to
appear, or refuse to serve as such, in the court to which he shall be so
summoned as aforesaid, shall be fined for every such neglect or refusal, any
sum not exceeding the sum of three pounds proclamation money, in issues
to be levied as aforesaid ; unless such person so to be fined will sweat that
he was not summoned, or unless other reasonable excuses shall be made,
and allowed by the chief justice or judges, within forty days after such
default ; any law of this Province to the contrary notwithstandiag.
XII. And whereas, by several Acts and Statutes of Great Britain, it is
ordained and enacted, that all sherifls shall have sufficient lands and tene- Provost mar-
ments in their respective countys where they are appointed sheriffs, to gecirity!'"^
answer to the King and all his liege people for all his proceedings, actings
and doings, and especially for all such levys as he shall from time to time
make or cause to be made, on the goods, chattels, lands or tenements of
any person or persons within such county, either for his Majesty's use or for
the use of any of his liege people ; and ichereas, many abuses, inconveniences,
frauds and great losses have accrued, and may frequently happen, to his Ma-
jesty and his people of this Province, for want of good and sufficient security
to be given by the provost marshal of this Province for the time being, to an-
swer the same ; for the prevention whereof, Be it further -enacted by the
authority aforesaid. That from and after the ratification of this law, the pro-
vost marshal for the time being, and all succeeding provost marshals, shall,
so soon as a public gaol shall be built, give good and sufficient security, by
entering into bond with two or more persons of known abilities, jointly
188
STATUTES AT LARGE
A. D. 1734.
Acts relating to Courts.
and severally, in the penal sum of one thousand pounds sterling, to answer
to the King and all his liege people, for all his proceedings, actions and
doings, as is before mentioned ; and that from and after the ratification of
this law, and the building a public gaol as aforesaid, the provost marshal
for the time being, and his successors, successively, shall enter into such
bond, with two or more sufficient surities, jointly and severally, for the
due and true performance and execution of his office ; and if he or they shall
presume to do any thing in execution of the said office, or serve any writ,
process or execution, after the building the public gaol as aforesaid, before
he or they hive entered into such bond, he or they shall forfeit, for every
such writ, process or execution by him served and executed, the sum of one
hundred pounds proclamation money ; one moiety to the King, and the
other to him that is agrieved or will sue for the same. And in the mean
time, and until such public gaol shall be built, the said provost marshal
shall enter into bond as aforesaid, to answer to our Sovereign Lord the
King, and all his liege people, for all moneys, fines and amerciaments what-
soever, that shall come to his hands, or be levied by him, for the use of our
Sovereign Lord the King, or his people respectively. And in case any
person or persons whatsoever, shall be agrieved or suffer any damage by
the non-performance or misperformance of the provost marshal in the exe-
cution of his office, either by misapplying, embezzeling or detaining in his
hands, any money, goods or chattels by him levied, or by not restoring to
the owner the overplus, if any there be, (the costs and charges for destrain-
ing and levying being first deducted,) that then and in such case, it shall
and may be lawful for any person or persons by him agrieved in manner
as aforesaid, to sue the provost marshall and his sureties, jointly or severally,
for all such their damages by him so caused and sustained ; to be recover,
ed by action of debt, bill, plaint or information in any of his Majesty's
courts of record, wherein no essoign, wager of law, or more than one im-
parlance, shall be allowed; any law, custom or usage to the contrary not-
withstanding.
Xin. And he it further enacted by the authority aforesad, That in all de-
murrers to be filed in any court of record in this Province after the twenty-
fifth day of May next, the several causes of demurrer shall be set forth
in such demiuTer, whether the same be for form or substance ; and that no
other cause of demurrer than such as shall be so set forth, shall at the time
of the arguing or trying such demurrer, be iioard, admitted or allowed of;
any law, usage or custom to the contrary notwithstanding.
XIV. And he it further enacted by the authority aforesaid, That the
Costs, how to several judges and justices of the several courts of record in this Province,
and every of them, shall have power, and they are hereby authorized and
empowered, (in case the chief justice shall neglect or refuse to tax costs
or sign execution in any cause wherein order for judgment shall be made,)
to tax costs and sign execution, in as full and beneficial a manner as the
said chief justice may or can do.
XV. And forasmuch, as by the course of proceeding in the court of
chancery now established by a law of this Province, no injunction can issue
out of the said court to stop proceedings at common law, unless the sum
or damages sued for at law be first deposited in the hands of the master or
register in chancery, which is found of great impediment to that equitable
relief which might otherwise be applied for and obtained in a court of
equity ; Be it therefore enacted by the authority aforesaid. That from and
after the ratification of this Act, any person or persons who is or are de-
fendant or defendants at common law, upon filing a bill for relief in equity,
Demurrer.
be taxed.
Injunctions.
OF SOUTH CAROLINA. 199
Acts relating to Courts. A.D.J 737.
may, and is hereby entitled to, obtain an injunction, on the equity suggest-
ed in the said bill, to stop proceedings at law, upon his or their giving secu-
rity to the register or master in chancery? to stand to, abide and perform the
decree or order of the said court ; which security shall be only equal to the
amount of the damages or sum laid in the declaration at law ; any law or
usage heretofore to the contrary notwithstanding.
XVI. And he it further enacted by the authority aforesaid. That this
Act, and every article, matter and thing therein contained, shall be and
remain in force for and during the space of five years from and after the
ratification of this Act, and from thence to the end of the next session of
the General Assembly, and no longer.
PAUL JENYS, Speaker.
In the'jCouncil Chamler, the 9th of April, 1734.
Assented to: ROBT. JOHNSON.
AN ACT FOR THE BETTER REGULATING THE CoURT OF CoMMON No. 622.
Pleas, to be holden on every second Tuesday in February,
May, August, and November, yearly and every year, being
THE ancient times HERETOFORE APPOINTED FOR HOLDING THE SAID
Court.
WHEREAS, by reason of his Majesty's repealing of a certain Act of
the General Assembly of this Province, entitled "An Act for the better Preamble,
regulating the courts of justice in this Province, and for altering the time
of holding courts," the courts of common pleas which were appointed to
be holden on the second Tuesdays in October and December last, could
not be holden or kept ; and whereas, the court of common pleas in the
said Province was heretofore, that is to say, before the passing the said
Act, usually holden on the second Tuesdays in February, May, August and
November, yearly and every year, for the hearing, trying and determining
therein all common pleas ; for the bringing back, therefore, the holding of
the said court to the said ancient times of holding the same, and for
establishing and confirming the same, for the better and more effectual
administration of justice in this your Majesty's Province of South Carohna,
we humbly pray your most sacred Majesty that it may be enacted,
I. And he it eiMcted, by the Honorable Thomas Broughton, Esq., his
Majesty's Lieutenant Governor andTommander-in-chief in and over his Court of C. P.
Majesty's Province of South Carohna, by and with the advice and consent J^^j^n to be
of his Majesty's honorable Council, and the Commons House of Assembly
of this Province, and by the authority of the same, That the court of
common pleas, for hearing, trying, and determining all common pleas
happening and arising within the jurisdiction of the said court, shall for-
ever hereafter be holden before the justices of the said court at Charles-
town, in the Province aforesaid, at four terms in the year, which said terms
shall respectively begin on every second Tuesday in February, May,
August and November, yearly and every year ; and the said court so
holden and to be holden as aforesaid, is hereby appointed to be holden at
Charlestown aforesaid, at the terms aforesaid ; any other term or appoint-
ment for holding the said courts, or any law, statute or usage, to the con-
trary thereof in any wise notwithstanding.
190
STATUTES AT LARGE
A. D. 1737.
Acts relatins; to Courts.
Powers of said
court.
Declaration,
when to be
filed.
Writs, when
returnable.
How to be
served.
Courts, how to
be holden and
adjourned.
II. And be it further enacted by the authority aforesaid, That the said
court of common pleas, and the justices thereof, shall, and lawfully may,
have, hold, use and exercise all and singular the powers, jurisdictions
and authorities in all civil causes within this Province, in as full and ample
manner, to all intents and purposes whatsoever, as the court of common
pleas at Westminster, and the justices thereof, do, can or lawfully may
there have, hold, use, exercise and enjoy.
III. And ^chereas, contrary to the established rules of practice of the
court of common pleas in the Kingdom of Great Britain, and other his
Majesty's dominions, declarations have been tiled in the court of common
pleas here against his Majesty's subjects residing within this Province,
before the days on which the said writs or processes against them were
made returnable ; Be it therefore enacted, by the authority aforesaid, That
from and after the tenth day of May next, no bill or declaration shall be
filed or received in the said court of common pleas, or any other common
law court of record within this Province, until the day the writ or process
whereon the same is grounded, shall be made returnable.
IV. And, as far as may be, to prevent any delay of justice to the suitors
by altering the practice of the said court of common pleas here in manner
as aforesaid, Be it further enacted, by the authority aforesaid. That all
writs or mean processes that shall be issued by or from the said court,
shall be made returnable before the justices of the said court on the first
Tuesday in January, April, July and October.
V. And be it enacted by the authority aforesaid. That a true copy of
all writs or mean process hereafter to be issued by or from the said court
of common pleas here, shall be delivered to or left at the usual place of
abode of, the defendant or defendants, with some white person, if there
be any such person to be found at the defendant or defendants place of
abode, or otherwise to be left at some obvious part of the house, by the
provost marshal or his deputy, at the time of the service of such writ or
mean process ; and upon every copy of such writ or process, there shall
be written a notice, in words at length, and a fair and legible hand or
character, to the following eflect : " A B, you are arrested by virtue of,
or served with this writ or process, to the intent that you may, by your
attorney, appear at his Majesty's court of common pleas, in Charlestown,
at the return thereof, being the day of , in order to make
your defence in this action ; and that in case of your refusal or neglect,
ten days after the return of this process, judgment may be entered against
you by default."
VI. And for the preventing of unnecessary adjournments, and long,
tedious, and expensive attendances of suitors, jurors and other persons, on
the said court ; Be it further enacted hy the authority aforesaid, That all
courts of common pleas hereafter to be holden in the said Province, shall
be kept open from the first day of each respective court on which the
venire facias ^ox summoning juries shall be made returnable, and the jus-
tices of the said court shall sit from day to day, until all the issues and
inquests, or other matters of fact which the respective juries drawn, cr
hereafter to be drawn, impannelled, summoned and sworn to try or find,
shall be tried, found or dispatched; and that when such business shall be
so dispatched, and the respective juries discharged by the said court, and
not till then, it shall and may be lawful to adjourn the said court, to or for
any reasonable space of time not exceeding twenty days, nor less than
ten days ; and at the day of such adjournment, the said justices shall meet
and attend the said court, and there sit, from day to day, for the hearing
OF SOUTH CAROLINA. 191
Acts relating to Courts. A. D. 1737.
and determining matters of law, and for the dispatch of such other busi-
ness as hath been usually transacted or brought before them at such ad-
journed courts; but nevertheless, not to continue such their sittings at
adjourned courts for above the space of six days ; and at the end or expi-
ration of the said six days, or other sitting of the said court, the justices
of the said court are hereby empowered and required to adjourn the said
court to the first Tuesday in January, April, July and October, respec-
tively, and then to meet and sit, to receive the returns of writs and pro-
cess issuing from the said court ; and the provost marshal, and all other
persons empowered to execute writs or processes issuing out of the said
court, are hereby required to make due and true returns of all writs and
processes to him and them directed and delivered, to the justices of the
said court of common pleas here, at such their respective times of meet-
ing last mentioned ; any law, usage or custom, to the contrary thereof in
any wise notwithstanding : provided nevertheless , that this Act, nor any
thing herein contained, shall extend or be construed to give any power or
authority to the said court, to execute or put in force any statute of Eng-
land or Great Britain, wherein the plantations in America are not particu-
larly and specially named, or which do not, by the intent or purview of
such statute, extend to the said plantations, or which is not extended or
made of force here by the laws of this Province, or shall be hereafter so
extended and made of force.
VII. And be it further enacted by the authority aforesaid, That this
Act, and every thing herein contained, shall be deemed, held and taken
to be a public Act, in all courts of record, and by all persons in this Pro-
vince, without specially pleading the same.
C. PINCKNEY, Speaker.
In the Council Cha7nher, the 5th day of March, 1736-7.
Assented to: THOS. BROUGHTON,
AN ACT TO iMPowER HIS Excellency the Goverivor, or the Com- No. 745.
MANDER-IN-CHIEF OF THIS PROVINCE FOR THE TIME BEING, AND A
MAJORITY OF THE MeMBERS OF HIS MaJESTY's HoNORABLE CoUNCIL
WHO SHALL BE IN THIS PROVINCE, TO HOLD A CoURT OF ChANCERY ;
FOR REPEALING THE FiRST AND NiNTH PARAGRAPHS OF AN AcT OF
THE General Assembly of this Province, entitled " An Act
FOR establishing A CoURT OF ChANCERY IN THIS HIS MaJESTy's
Province of South Carolina ;'' and for preventing the discon-
tinuance OF process, and the abatement of suits in the Courts
or Justice.
WHEREAS, by an Act of the General Assembly of this Province,
passed the ninth day of September, one thousand seven hundred and
twenty-one, entitled "An Act for establishing a court of Chancery in this
his Majesty's Province of South Carolina," his Majesty's Governor of this
Preamble.
192 STATUTES AT LARGE
A.D. 1746. Acts relating to Courts.
Province for the time being, and the majority of the honorable the mem-
hers of his Majesty's Council, from time to time subsisting, are authorized
and impowered, at all times thereafter, to hold a Court of Chancery, and to
exercise the power, jurisdiction and authority of the same : And whereas,
several of the honorable members of his Majesty's said Council are fre-
quently obliged to be absent from this Province on their own lawful and
necessary occasions, Avhereby, and by other concurring causes, it fre-
quently happens that a majority of the Council subsisting cannot be
assembled together in order to constitute a Court of Chancery ; We there-
fore pray your most sacred Majesty that it may be enacted,
I. And be it enacted, by his Excellency James Glen, Esquire, Captain-
The Governor general. Governor and Commander-in-chief in and over his Majesty's
hofcla*CourtofP''Ovince of South Carolina, by and with the advice and consent of his
Chancery. Majesty's honorable Council, and the Assembly of the said Province, and
by the authority of the same. That from and immediately after the passing
of this Act, his Majesty's Governor of this Province for the time being,
and the majority of the honorable the members of his Majesty's Council
for the time being, who are or shall be actually resident in this Province,
are hereby authorized and impowered, at all times hereafter, to hold a
court of chancery, and shall have, exercise and use the same jurisdiction,
power and authority in''granting and issuing forth all original and remedial
writs and other process whatsoever, and in hearing, adjudging and deter-
mining all causes and suits in equity, in as full and ample manner as any
chancellor or court or courts of chancery in America can, or may, or
ought to do.
II. And be it further enacted by the authority aforesaid. That the master
of the said court for the time being, shall have power to hear alP motions
of course, and make orders thereon.
III. And be it further enacted by the authority aforesaid. That the first
and ninth paragraphs of the before mentioned Act of the General Assem-
bly shall be, and are hereby declared, repealed and null and void, to all
intents and purposes whatsoever.
IV. And ivhereas, the^ present chief justice departed out of the limits of
this Province before Monday the tenth day of November now last past,
being Monday next before the second Tuesday in November last, to which
day the court of general sessions of the peace, oyer and terminer, assize
and general gaol delivery, holden at Charlestown on the third Wednesday
of October last was adjourned ; and whereas, a sufficient number of the
assistant judges did not meet on the said tenth day of November to hold the
said court, according to the adjournment thereof aforesaid; Be it therefore
hereby Jurther enacted by the authority aforesaid. That no process or pro-
ceedings whatsoever, that was or were depending at the aforesaid j^court,
holden at Charlestown on the third Wednesday in October last, or at any
of the adjournments of the said court, shall be discontinued, put without
day, or made void, by reason of the not holding the said court, according
to the aforesaid adjournment thereof, on the said tenth day of November
last ; but that all such process and proceedings as were then depending at
the said court, shall, by force and virtue of this Act, be adjourned and
continued to the next court of general sessions of the peace, oyer and
terminer, assize and general goal dehvery, appointed by this Act to be
holden on the third Wednesday in March next ensuing, and shall then and
there be proceeded'^ on , heard and tried, in as full and ample a manner as
OF SOUTH CAROLINA. 193
Acts relating to Courts. A. D, 1746.
if the said court had been duly holden in the usual course, according to
the adjournment thereof aforesaid ; any law, usage or custom, to the con-
trary thereof in any wise notwithstanding.
V. And whereas^ by the laws now in being, a majority of the assistant
judges, in the absence of the chief justice, are required to be present in Q^y^f j,^ ^ p
the courts of common pleas and general sessions of the peace, oyer and how to be '
terminer, assize and general goal dehvery, to adjourn the same ; in order, adjourufid.
therefore, to prevent a discontinuance of the said courts, for want of such
a majority at any time hereafter, Be it enacted by the authority aforesaid,
That at all times hereafter, it shall and may be lawful for any one of the
assistant judges, in the absence of the chief justice, to adjourn the said
courts of common pleas and of general sessions of the peace, oyer and
terminer, assize and general goal delivery ; any law, custom or usage,
in any wise to the contrary notwithstanding.
VI. And ivhcreas, the frequent abatements of suits at law, by reason of
the death of parties, is very inconvenient and detrimental to the suitors. Suits not to
Be it further enacted by the authority aforesaid. That in all actions to be |]f ^'"'^^Z ""^^"^
commenced in any court of record in this Province, after the passing of" P'^""'^*
this Act, if any plaintiff happen to die after an interlocutory judgment,
and before a final judgment obtained therein, the said action shall not
abate by reason thereof, if such action might be originally prosecuted by
the executors or administrators of such plaintiff; and if the defendant die
after such interlocutory judgment, and before final judgment therein ob-
tained, the said action shall not abate, if such action might be originally
prosecuted or maintained against the executors or administrators of such
defendant; and the plaintiff, or if he be dead, after such interlocutory
judgment, his executors or administrators, shall and may have a scire facias
against the defendant, if living, after such interlocutory judgment, or if
he died after, then against his executors or administrutors, to shew cause
why damages in such action should not be assessed and recovered by him
or them ; and if such defendant, his executors or administrators, shall
appear at the return of such writ, and not shew or alledge any matter
sufficient to arrest the final judgment, or being returned warned, or upon
two writs of .s«re/at7o*, it be returned that the defendant, his executors
or administrators, had nothing whereby to be summoned, or could not be
found in the Province, shall make default, that thereupon a writ of enquiry
of damages shall be awarded, which being executed, judgment final shall
be given for the plaintiff, his executors or administrators, prosecuting such
writ or writs of scire facias, against such defendant, his executors or ad-
ministrators respectively.
VII. And be it further enacted by the authority aforesaid. That if there
be two or more plaintiffs or defendants, and one or more of them shall die, ^
if the cause of such action shall survive to the surviving plaintiff or plain- ^'Jvlve."'^ "''^
tiffs, or against such surviving defendant or defendants, the writ or action
shall not be thereby abated, but such death being suggested upon the
record, the action shall proceed at the suit of the surviving plaintiff or
plaintiffs against the surviving defendant or defendants.
HENRY MIDDLETON, Speaker.
In the Council Chamber, the 11 th day of February, 1746.
Assented to: JAMES GLEN.
VOL. VII.— 25.
194
STATUTES AT LARGE
A. D. 1767.
Acts relating to Courts.
No. 958. AN ACT for the more frequent holding of the Court of Gen-
eral Sessions of the Peace, Oyer and Terminer, Assize and
General Goal Delivery ; and to appoint and establish a new
List of Jury-men; and to authorize and empower the assis-
tant Judges to take Renunciations of Dower from Feme
Coverts.
Preamble.
Court of C. I
to sit three
times a year
WHEREAS, the business of the Court of General Sessions of the
Peace, Oyer and Terminer, Assizr and General Goal Delivery, has of late
years very much increased, and it is extremely grievous to the unhappy
persons who are obliged to lie in goal in order to take their trial, that the
said court by law is limited and appointed to be holden but twice in one
year, by means whereof prisoners under criminal prosecutions are not
only subjected to very long and painful confinement, but are also very
often enabled to elude the just punishment due to their crime, by contri-
ving and forming schemes to break goal and make their escape ; and
moreover, a very heavy annual debt is brought upon the public of this
Province, for keeping, maintaining and providing for them so long a time
before they are brought to trial ; for remedy whereof, by appointing the
court of general sessions to be more frequently held, We humbly pray
your most sacred Majesty that it may be enacted,
L And be it enacted, by his Excellency the Right Honorable Lord
Charles Greville Montagu, Governor-in-chief and Captain-general in and
over his Majesty's Province of South Carolina, by and with the advice
and consent of his Majesty's Council, and the Commons House of Assem-
bly of the said Province, and by the authority of the same, That from
and immediately after the passing of this Act, instead of the times here-
tofore appointed for the holding the said court of general sessions, (to wit,
the third Wednesday in March, and the third Wednesday in October,.) the
said court of general sessions of the peace, oyer and terminer, assize and
general goal delivery, shall always hereafter be holden and set three times
in every twelve months, (that is to say,) on the third Monday in October,
on the third Monday in January, and on the third Monday in April, and
shall adjourn de die in diem, until all trials and other business that is to be
dispatched and transacted by juries shall be finished, and then the said
court may adjourn to any further days or times for giving judgment,
awarding, executing or doing any other lawful and necessary business
belonging to the said court, about which the attendance of juries is not
required by law ; any law, statute, usage or custom, to the contrary there-
of notwithstanding.
n. And be it further enacted by the authority aforesaid, That all process.
Writs, process, warrants, orders, recognizances, and other matters and things now depend-
&.C, made of ing in the court of general sessions, and all proceedings thereupon had,
which before the passing of this Act stood adjourned over, continued, or
were returnable at the court of general sessions heretofore appointed to be
holden on the third Wednesday in October next, shall be continued, pro-
ceeded upon, heard, tried, judged and determined at the next court of
general sessions hereby appointed to be held the third Monday in October
next ; and the said court is hereby authorized and impowered to proceed
thereupon, and to make such orders relating thereto, as the said court
might or could do, if it was to be held the said third Wednesday in Octo-
ber next, and this Act had never been passed ; any law, usage or custom,
to the contrary thereof in any wise notwithstanding.
force.
OF SOUTH CAROLINA. 195
Acts relating to Courts. A. D. 1767.
III. And whereas, by altering the days and times for holding the said
court of general sessions, it is become necessary also to alter the days and Juries, when to
times for drawing the juries who are to serve at the said court, and to''^ '^'■^"'"•
appoint and direct other days for doing the same ; Be it therefore enacted
by the authority aforesaid, That the jury to be drawn to serve at the first
court of general sessions of the peace, oyer and terminer, assize and gen-
eral goal delivery, to be held in pursuance of this Act, the third Monday
in October next, shall be drawn at the usual place of judicature in Charles-
town, on the second Tuesday in May next before the sitting of the court
of common pleas ; and that always thereafter, the jury to be drawn to
serve at every succeeding court of general sessions, shall be drawn on the
first day of every preceding sessions, and before the opening and sitting of
the court ; (that is to say,) the jury to be drawn to serve at the court of
general sessions to be held on the third Monday of January, shall be
drawn the first day of the sessions to be held in October preceding ; the
jury to be drawn to serve at the court of general sessions to be held the
third Monday in April, shall be drawn the first day of the sessions to be
held in January preceding ; and the jury to be drawn to serve at the court
of general sessions to be held the third Monday in October, shall be drawn
the first day of the sessions to be held in April preceding ; and so continue
to be done successively, in the same order and method ; and public notice
when the said jury is to be drawn shall be given by the beat of drum, in
the four most pubhc streets in Charlestown, on the same day the said jury
is to be drawn as by law directed and required.
IV. And whereas, no lists of jury-men to serve as jurors at the several
courts of record by law established in this Province, have been appointed
since the twenty-first day of May, one thousand seven hundred and fifty- New jury lists
seven, whereby the numbers now remaining on the jury lists are become '■^'^^^''^^ed.
too small for the public service ; Be it therefore enacted by the authority
aforesaid. That the several persons whose names are in the several lists or
schedules hereunto annexed, (and no other person or persons whatsoever,)
shall be drawn by ballot, impannelled, summoned, and obhged to serve as
jiiry-men, at the several courts of record by law established in this Pro-
vince, and in such manner and form as by the laws and customs of this
Province is used, directed and prescribed ; (that is to say,) that the several
persons whose names are inserted in the first schedule or list hereunto
annexed, entitled a list of grand jury-men, shall be drawn by ballot, im-
pannelled, summoned, and obhged to serve on all grand juries at the court
of general sessions of the peace, oyer and terminer, assize and general
goal delivery, to be holden in Charlestown ; and the several persons whose
names are inserted in the second schedule or list hereunto annexed, entitled
a fist of petit jury-men, shall be drawn by ballot, impannelled, summoned,
and obliged to serve on all juries and inquests whatsoever, at any of the
courts of record that shall at any time hereafter be holden in Charlestown,
in this Province ; and the several persons whose names are inserted in the
third schedule or hst hereunto annexed, entitled a list of special jurv-men,
being inhabitants of the parishes of St. Philip and St. Michael, Charles-
town, shall be drawn by ballot, impannelled, summoned, and obliged to
5erve on all juries and inquests at courts of the general sessions of the
peace, oyer and terminer, assize and general goal delivery, and courts of
common pleas, and all forcible entrys, and at all special courts for tran-
sient persons, and at no other courts whatever, hereafter to be holden in
this Province ; any law, usage or custom, to the contrary thereof in any
wise nMwithstanding.
196
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A. U. 1767,
Acts relating to Courts.
be prepared.
Jurors to be
flravni accord-
ing to the Act
of 1731.
V. And be it fv.rther enacted by the authority aforesaid, That the
Ballots and chief justice, or any one of the assistant judges or justices, pubUc treasurer
boxes, how to and coroner of Berkley county, shall, within ten days next after the pass-
ing or this Act, take out of the jury box, and burn or otherwise destroy,
the pieces of parchment or paper whereon the names of the persons for-
merly appointed by law to serve as jury-men are written, and shall, within
the time aforesaid, cause to be written on other small pieces of parchment
or paper, of an equal size and bigness, the names of all the persons hereby
appointed to serve as jury-men with the parish in which each person doth
live and reside ; and having first diligently compared them with the list or
schedule hereunto annexed, shall cause them to be put in the same or some
other box or chest, to be prepared for that purpose, with six divisions made
therein, and the number of each division marked upon the cover of the
same, observing the method following, (that is to say,) the names of all
the persons mentioned in the schedule or list hereunto annexed, entitled a
list of grand jury-men, shall be put into the division of the said box num-
bered one ; and the names of all the persons mentioned in the schedule or
list hereunto annexed, entitled a hst of petit jury-men, shall be put into
the division of the said box numbered three ; and the names of all the
persons mentioned in the schedule or list hereunto annexed, entitled a list
of special jury-men, shall be put into the division of the said box num-
bered five.
VI. And be it further enacted by the authority aforesaid , That the per-
sons hereby appointed to serve on juries, shall be drawn according to the
method prescribed by an Act of the General Assembly of this Province,
passed the twentieth day of August, in the year of our Lord one thousand
seven hundred and thirty-one, entitled "An Act confirming and establish-
ing the ancient and approved method of drawing juries by ballot in this
Province ; and for the administration of justice in criminal causes ; and
for appointing of special courts for the trial of causes of transient persons ;
declaring the power of the provost marshal ; for allowing the proof of
deeds beyond the seas as evidence ; and for repealing the several Acts of
the General Assembly therein mentioned;" and shall be subject and liable
to all the duties, pains, and penalties which are enjoined and inflicted by
the laws of this Province on jury-men ; provided ahvays, that nothing in
this Act contained shall be construed, deemed or taken to oblige any per-
son or persons who heretofore have been, now are, or hereafter shall be,
members of his Majesty's honorable Council, judges or assistant judges in
any of the courts of this Province, or members of the Assembly, and
officers of any of the courts of justice, during the time they shall be mem-
bers, and during their continuance in such offices, or any person or per-
sons exempted by the laws and statutes of Great Britain, or by any law of
this Province, to serve as jury-men, or to debar or preclude any person or
persons from challenging or excepting against any juror or jurors, where, by
the laws of Great Biitain, he or they might have been admitted so to do ;
challenges to the array, in respect of partiality, affinity or consanguinity of
the provost marshal, excepted.
VIL And whereas, in and by an Act of the General Assembly, passed
Dower and in- the twentieth day of August, one thousand seven hundred and thirty-one,
heniance may commonly called the Quit Rent Law, it is, amongst other things, enacted
before assistant ^Jid declared, that the usual method and practice now observed for the
judges as be- barring of ax\y feme covert of her estate or inheritance, or of her dower and
justice'.^ ^ "'^ thirds, by joining freely and voluntarily with her husband in any conveyance
Who exempt-
ed.
OF SOUTH CAROLINA. 197
Acts relating to Courts. A. D. 1767.
for the purposes in the said Act mentioned, and acknowledging the same
before the chief justice for the time being, or before any persons by him
thereunto authorized, and certified by the said chief justice, and recorded
in the otiice of pleas, shall be deemed as effectual and vahd in the law, to
all intents and purposes whatsoever, as any fine passed in due form of law
in his Majesty ^s courts of pleas at Westminster, for conveying of land in
Great Britain ; and whereas, through the absence, sickness or death of the
chief justice, or some other cause, it may prove very detrimental and inju-
rious to the estates and properties of his Majesty's subjects in this Pro-
vince, to confine and limit the taking of renunciations of dower and
releases of inheritance from feme coverts wholly to the chief justice, or
those whom he shall see fit to appoint, and the good purposes and intention
of the said A.ct would be more fully and effectually answered if some other
certain persons also were appointed and authorized by law to carry the
same into execution ; Be it therefore enacted, by the authority aforesaid.
That from and immediately after the passing of this Act, the assistant
judges or justices of the court of common pleas for the time being, or any
one of them, shall have the same right, power and authority for putting or
carrying into execution the several matters contained in the before recited
Act, relative to the barring of Q.ny feme covert of her estate or inheritance,
or of her dower and thirds, as is therein and thereby given to the chief
justice for the time being ; and all deeds, conveyances and releases duly
executed agreeable to the directions of the said Act, and acknowledged
before any one of the said assistant judges, and certified under his hand
and seal, and recorded in the office of pleas, shall be as good and effectual
in law, to all intents and purposes whatsoever, for the barring of any fejne
covert of her estate or inheritance, or of her dower and thirds, as the same
would or could be if done personally before the chief justice ; any thing in
the said Act, or any other Act, contained, to the contrary notwithstanding.
P. MANIGAULT, Speaker.
In the Council Chamber, the 18th day of April, 1767.
Assented to : C. G. MONTAGU. '
[Lists of names omitted.]
AN ACT FOR ESTABLISHING CoURTS, BUILDING GaOLS, AND APPOINTING No. 980.
Sheriffs and other officers, for the more convenient adminis-
tration OF justice in this Province.
WHEREAS, the estabhshing courts, building gaols, and appointing
sheriffs, in different parts of this Province, under proper regulations, will Preamble,
tend to promote the interest of our most gracious Sovereign and his good
subjects therein, also to preserve their just rights, liberties and properties,
and the public peace, inasmuch as the distance from Charlestown of many
persons who, however remote from thence, are often obliged, either as par-
ties, jurors or witnesses, to attend the courts at present held there for trial
of all criminal causes, and of all civil actions exceeding the value of
twenty pounds current money, and the delay of suits, by reason of such
STATUTES AT LARGE
Acts relating to Coarts.
distance, are very great, the charge and inconvenince of such atten-
dance, burtherisome and detrimental, the business of the provost marshal
too much to be duly executed, his fees, by reason of the extent of that
office throughout the whole Province, often more than half the amount of
debts sued for, and the expense of recovering small debts, frequently far
beyond the amount of such debts, to the great discouragement of plaintiffs
and prosecutors, and the grievance of defendants ; which hardships deter
numbers of people from becoming inhabitants of this Province, who, if jus-
tice could be obtained with greater ease and expedition and less expense
(than at present,) would be thereby induced to settle and improve many
large and valuable tracts of land which now lay uncultivated, and would
not only contribute largely to the revenue of the crown and support of go-
vernment, but also greatly increase the trade of Great Britian and of this
Province : and whereas, it would also tend to the ease and advantage of
the inhabitants of the Province, if commissioners were appointed in the
country, for taking affidavits and recognizances of bail in actions depend-
ing in the courts of law ; and causes of weight and importance may in
some cases be much better tried and decided by special juries than by jurors
drawn as at present ; and defendants may be often harrassed by being
obliged, as they now are, to give bail whenever personally arrested, though
there be really little or nothing due to the plaintiffs in the actions, and the
same may be groundless ; to attain, therefore, the salutary ends, and re-
move the inconveniences, aforesaid, we humbly pray his most sacred Majes-
ty that it may be enacted,
I. And be. it enactedhy his Excellency the Right Honorable Lord Charles
Greville Montagu, Captain-General, Governor and Commander-in-chief in
and over his Majesty ''s said Province, by and with the advice and consent
of his Majesty's Council and the Commons House of Assembly of the
Courts, when said Province, and by the authority of the same. That the courts of Com-
tobe held. moj, Pleas in Charlestown shall be holden at the times already established
by law, except only that the court of Common Pleas, which has heretofore
been held on every second Tuesday in November, shall, for the future, be-
gin to be holden on every second Tuesday in October, and all writs and
process issuing out of the said court, shall, for the future, be made returna-
ble on every third Tuesday in September ; and that the courts of General
Sessions of the Peace, Oyer and Terminer, Assize and General Gaol Deli-
very, in Charlestown, instead of being held at the times now prescribed
by law, shall, for the future, begin to be holden on every third Tuesday in
February, May and October ; any law, usage or custom to the contrary
thereof notwithstanding: and that the judges of the said courts, in the se-
veral circuits hereinafter appointed, shall hold pleas of all causes, civil and
criminal, arising within the limits hereinafter expressed, in the same man-
ner, as near as may be, as the justices of assize and nisi prius do in Great
Britain; (that is to say,) at Orangeburgh and at Camden, lately called
Pine Tree Hill, on every fifth day of April and November; at Ninety -Six
and at the Cheraws, on every fifteenth day of April and November ; at
Georgetown on every twenty-sixth, and at the town of Beaufort on every
thirtieth day of April and November ; provided, that if any of the days
above appointed for holding the said courts shall happen to be on Sunday,
the said courts shall begin on the day following ; and that each of the said
courts shall sit from day to day, not exceeding six days, until the business
thereof shall be dispatched , if all the business can be determined in that
time, but if not, then what shall remain unfinished shall be continued or ad-
journed over to the next court.
OF SOUTH CAROLINA. 199
Acts relating to Courts. A I ). 1 76S.
II. And be it further enacted by the authority aforesaid, That the said
courts of General Sessions of the Peace, Oyer and Terminer, Assize and •'V'^''^'"' •^'*'*
General Goal Deh very, shall have cognizance and jurisdiction of all pleas eT'^^''^''''''"'''
criminal, and the said circuit courts of all civil pleas or actions, in those of
the following precincts wherein the defendants shall reside, be arrested or
taken by process or warrant, and the same shall be heard, tried and deter-
mined at the said courts, respectively; (that is to say,) the said courts at
Charlestown, of all such pleas or suits, civil and criminal, in which the de-
fendants shall reside or be arrested or taken in Charleston precinct, which
precinct shall include all places between the north branch of Santee river
and Combahee river and the sea, including the islands by a line drawn from
Nelson's ferry directly towards Mathew's bluff, on Savannah river, until it
intersects the main swamp at the head of Combahee river ; the said courts
at Beaufort, of all such pleas within Beaufort precinct or district, which
shall include all places to the southward of Combahee river and the swamp
aforesaid, between the sea and the said line, to be continued from the main
swamp, aforesaid, to Mathew's bluff, on Savannah river; the said courts /
at Orangeburgh, of all such pleas between Savannah, Santee, Congaree V7 yj* jbj-<^
and Broad rivers, the said line from Nelson's ferry to Mathew's bluff, and t^ ^^,
a direct line to be run from Silver Bluff, on Savannah River, to the mouth
of Rocky creek, on Saludy river, and thence in the same course to Broad
river ; the said courts of Georgetown , of all such pleas within Georgetown
precint or district, which shall include all places between Santee river,
aforesaid, the sea and the hne which divides the parish of Saint Mark from
Prince Frederick's, which shall be continued in the same course across Pee-
dee to the North Carolina boundary ; the said courts at Camden, of all
such pleas within Camden district or precint, which shall be bounded by
the said last mentioned line, Santee, Congaree and Broad rivers, and by a
northwest line from the northernmost corner of Williamsburgh township to
Lynche's creek, and from thence by that creek to the provincial line : and
the said courts at the Cheraws, of all such pleas within the Cheraws district
or precinct, which shall be bounded by the said last mentioned line, the
provincial boundary, and 'the line dividing St. Mark and Prince Frederick's
parish, which shall be continued till it intersects the northern provincial
line ; and the said courts at Ninety-Six, of all such pleas within the Ninety.
Six district or precinct, which shall extend to all other parts of this Pro-
vince ; provided nevertheless, that special courts for transient persons shall
be holden only at Charlestown, as heretofore.
III. And he it further enacted by the authority aforesaid, That the
chief justice of this Province, and the assistant judges and justices for the Powers of the
time being, of the court of General Sessions of the Peace, Oyer and Ter- judges of such
miner, Assize and General Gaol Delivery, and of the court of Common ''°""^'
Pleas, already established in this Province, and in case of the sickness or
absence of any of them, any persons for that time commissioned and ap-
pointed for that purpose by the Governor or Commander-in-chief of this
Province, shall be judges of the courts above established; and they, or any
one of them , shall and may have, hold and exercise the same powers and
authorities therein, respectively, touching all matters within the limits of
their jurisdiction, aforesaid, as the said courts at Charlestown now do ; and
that the said courts shall and may, from time to time, make such just and
reasonable rules and orders, (not contrary to any thing herein contained,)
for the regular and more convenient conducting and effectual dispatch of
business therein, as to them shall seem necessary and proper ; and all writs
200 STATUTES AT LARGE
A, D. l76o. Acts relating to Courts.
and other process in civil actions, triable in the said circuit courts, shall
issue from, and be returnable to, the court of Common Pleas in Charles-
town, in the usual manner, but with this variation, that instead of being
directed to the provost marshal, they shall be directed to all and singular
the sheriffs of the said Province, and shall be served by the sheriff (or his
deputy,) for the district where the defendant is found or resides, and all
proceedings thereon shall be carried on in the said court in Charlestown,
until the cause shall be at issue ; and that the practice and proceedings in
the said courts, respectively, shall be as nearly similar as maybe to those
now held in Charlestown, and to the courts holden in Great Britain by his
Majesty's justices of Assize, Oyer and Terminer, and General Goal Delivery,
and also of nisiprius; provided nevertheless^ that nothing herein contained
shall extend or be construed to put in force any statute of Great Britain,
which is not otherwise of force in this Province ; and that in all capital
cases, the said courts of General Sessions of the Peace, Oyer and Termi-
ner, Assize and General Gaol Delivery, shall have power to respite execu-
tion until thirty days after sentence.
IV. And be it further enacted by the authority aforesaid, That it
Proceedings in ^^^^^ ^^^ ^^^Y ^e lawful for the said judges in the said courts, or any of
sum. pro. them, to determine without a jury in a summary way on petition, all dis-
putes cognizable in the said courts, for any sum not exceeding twenty
pounds sterling, except where the title of lands may come in question, in
which suit the plaintiff and defendant shall have the benefit of all matters
in the same manner as if the suit were commenced in the ordinary forms
of common law or in equity, and the said judges are hereby required so to
do, and to give judgment and award execution, together with costs, against
the body or goods of the party against whom the same shall pass ; but in
case both parties shall desire to have the said causes tried by a jury, or on
apphcation of either party at his own expense, then the said judges shall
immediately order issue to be joined, and the said cause to be tried by the
, jury impannelled at such circuit court : that the said petition shall contain
the plaintiff 's charge or demand, plainly and distinctly set forth, a true
copy whereof shall be personally served or left at the defendant's usual and
notorious place of abode, by the sheriff or his deputy for the district where
the cause is determinable, twenty days before the first sitting of the said
court ; and where bail is required, an affidavit shall be made of the debt,
and indorsed on the petition, in which case the sheriff shall take a bail
bond, which shall be subject to the order of the court : that the following
fees, and no others, shall be allowed in such proceedings, viz :
To the Attorney, for the petition and copy, three shilhngs proclamation
Fees. money.
For attending the hearing the cause and taking out execution, ten shil-
lings, proclamation money.
A fee to counsel, if any appears, twenty shilhngs, proclamation money.
To the Sheriff, for serving a copy of the petition, eight shillings, procla-
mation money.
To the Clerk, for attending the hearing the cause, filing all the proceed-
ings, and entering the judgment among the acts of court, in a book to be
kept for that purpose, six shillings, proclamation money : provided always^
that every person shall have a right to transact his own business before the
said judges, in the summary way aforesaid, without employing any counsel
or attorney, whatever.
V. And be further enacted by the authority aforesaid. That the clerk
OF SOUTH CAROLINA. 201
Acts relating to Courts. A. D. 1763.
of the crown and pleas, and the clerk of the court of Common Pleas, of the
Province aforesaid, for the being, shall have power to act by themselves, pof,[J^j™"[j?P'
in the business of their proper courts, or to appoint clerks of the said courts,
respectively, for the conduct of which clerks they shall, respectively, be
answerable.
VI. And be it Jurther enacted by the authority aforesaid, That the
office of provost marshal of this Province shall be, and the same is hereby, Sheriffs to be
forever abolished, and that a sheriff for each of the districts or precincts f,o^"'"^*'
above mentioned, shall be appointed in the following manner, (viz) the
court of Common Pleas at their first sitting after his Majesty''s gracious al-
lowance of this Act, and after the court houses and gaols hereinafter men-
tioned shall be built, and every second year thereafter, at their meeting at
October court, shall nominate three proper persons, being freeholders, resi-
dent in the district or precinct for which they are to be appointed, whose
names they shall present to his Excellency the Governor, Lieutenant Go-
vernor, or Commander-in-chief for the time being, in order that he may
commission one of them to be sheriff' of such district and precint, which
sheriff, so commissioned, shall be sheriff of that respective district and
precinct accordingly ; and in case any person or persons so presented by
the said chief justice and justices, and so commissioned by the Governor or
Commander-in-chief, as aforesaid, shall neglect or refuse to take upon him-
self and execute the office ot sherifT, in manner herein directed, such
person so neglecting or refusing, shall forfeit the sum of one hundred
pounds, proclamation money ; provided nevertheless, that nothing in this
Act shall extend or be construed to extend to compel any member of his
Majesty's Council, or any member of the Commons House of Assembly for
the time being, to serve in the office of sheriff; and that the said sheriffs,
before they enter upon the execution of their said offices, shall take the
oaths of allegiance and supremacy, and the oath of office, and make and
subscribe the usual declaration , before some person appointed to administer
the State oaths, and give bond, with security, for the sum of two thousand
pounds, proclamation money, to the public treasurer, in behalf of the pub-
lic of this Province, for the due and faithful discharge and execution of
theii said offices ; and the said bonds shall remain in his office, and may be
sued for by order of the said court, for satisfaction of the public and all
private persons aggrieved by the misconduct of the said sheriffs ; and in
case of the death, removal from this Province, or refusal to act, of any
persons so appointed sheriffs, the chief justice and assistant judges and
justices, or the justices of the court of Common Pleas, for the time being,
shall immediately meet at the State house, in Charlestown, and nominate
three persons to be presented to the Governor or Commander-in-chief for
the time being, who shall commission one of them to serve as sheriff for
the remainder of the said time, in like manner as is before directed, and
no longer, who shall take the said oaths and give bond, and have the
same emoluments, and be under the like penalties, as other sheriffs appoin-
ted by virtue of this Act.
Vn. And be it further enacted by the authority aforesaid, That the said
sheriffs shall, by themselves or their lawful deputies respectively, attend Duties and lia-
all the courts hereby appointed or directed to be held within their respective l^jl't'es of sher-
districts ; and that the said sheriffs shall have the like powers and authori- ' "*
ties, and they and their under sheriffs and goalers be subject and liable to
all actions, suits, fines, forfeitures, penalties and disabilities whatsoever,
which any sheriff, under-sheriff or goaler is liable or subject to, or may
VOL. VIL— 26.
202 STATUTES AT LARGE
A. D 1768. - Acts relating to Courts.
incur by the laws and statutes of Great Britain, for and in respect of the
escapes of prisoners, or for. or in respect of any other matter or thing
whatsoever, relating to or concerning their several and respective offices.
VIII. And he it further enacted by the authority aforesaid, That no
P • isserv- person who shall have served the office of sheriff of any district or precinct,
iiig as shoiiff, or shall have paid the fine for not executing the said ofiice, shall be, within
not again liable ^}^g ^gjj years next ensuing, again liable to pay any fine for not serving in
en y . ^^^ same office of sheriff; and that no sheriff, under-sheriff, sheriff's clerk
or other sheriff's officer, shall be an attorney or act as such, in his own
name, or in the name of any other person, or be allowed to plead or prac-
tise in any of the King's courts in this province, during the time that he is
in any such office.
IX. And for the ease of sheriffs with regard to the return of process ;
Sheriff to turn Be it enacted by the authority aforesaid. That the sheriff of each district
ovPT papers and ^j, pj-ecinct, shall, at the expiration of his office, turn over to the succeeding
successor. sheriff, by indenture and schedule, all such writs and process as shall
remain in his hands unexecuted, who shall duly execute and return the
same ; and in case any such sheriff shall refui;e or neglect to turn over such
process in manner aforesaid, every such sheriff so neglecting or refusing,
shall be liable to make such satisfaction by damages and costs to the party
agrieved, as he, she or they shall sustain by such neglect or refusal ; and the
said sheriff shall also deliver up to his successor the custody of the goal,
and the bodies of such persons who shall be confined therein, and the cause
of their detention.
X. And be it further enacted by the authority aforesaid. That the fees
Fees ^^ ^h^ ji^dges and several officers of the said courts, shall be the same as
those of the same officers in the courts now holden in Charlestown , except
where the proceedings shall be summary, as above mentioned, and the
sheriffs shall have the same fees for business done therein by him, as the
provost marshal hath had.
XI. And be it further enacted by the authority aforesaid. That the
Building gaolsjudges of the said courts for the time being, shall be, and they are hereby,
and court hous- authorized, empowered and required, to contract and agree with proper
persons for the building and erecting court houses and goals, in the most
convenient places for holding the said courts, in the country districts and
precincts hereinbefore mentioned, and for the purchase of land for that
purpose, and that provision for defraying the expense thereof shall be made
in such a manner as the General Assembly shall think fit.
XII. And be it further enacted by the authority aforesaid , That this
This Act, when Act shall not extend to any action which shall be commenced before notice
to take elilect. jjy proclamation of the Governor or Commander-in-chief, that the said
court houses and prisons are built and compleated, but that all such
actions and suits shall and may be proceeded in and determined in the same
manner as if this Act had never been made ; Provided, that no person shall
be obliged to serve as a juror out of the district or precinct wherein he shall
by this Act be liable to serve after courts have been therein respectively
holden.
XIII. And be it further enactpd by the authority aforesaid, That no
Clerk not to act clerk of any of the courts aforesaid shall act as an attorney or sohcitor
as attorney. therein, or in any other court, and that no person shall practise in or solicit
the cause of any other in the said courts, unless he has been or shall be
admitted a barrister at law or an attorney thereof, by the court of Common
Pleas in Charlestown, or an attorney of that court, and an inhabitant of this
Province.
OF SOUTH CAROLINA. . 203
Acts relating to Courts. A. 1). 17Gb.
XIV. And he it further enacted by the authority aforesaid, That the said
courts shall be courts of record, and all persons necessarily going to, attend-
ing or returning from the same, shall be free from arrests in any civil
action.
XV. And be it further enacted by the authority aforesaid. That as
soon as may be after the ratification of this Act, and after the court houses j^^^^ lists to be
and goals herein mentioned are built, the judges of the said court of Com- made,
mon Pleas in Charlestovvn shall cause lists or jurors in civil causes, grand
and petit jurors, to be made for Charlestowu, and also for each of the
country districts and precincts, from the next antecedent tax list of persons
within such respective districts or precincts aforesaid, whose names shall
be written on separate pieces of paper ; and the said judges shall cause jury
boxes to be made for the said courts, and for the courts of General Ses-
sions, to be provided at the public expense ; and the said jury lists shall be
put in the said boxes respectively, which boxes shall remain in charge of
the respective sheriffs aforesaid, and shall be locked with the keys of ^ny
one of the judges and the sheriff of the district; and also, a box con-
taining the names of special jurors, to consist of the inhabitants of Charles-
town, for Charlestown district, and of persons living within five miles of
the several court houses, for each district or precinct respectively, out of.
which said lists of special jurors, both in town and country, all tales shall
be drawn ; and the jurors for the said courts shall be drawn, summoned
and empanneled, as nearly as may be, in the same manner as grand and
petit jurors now are, the time of drawing, and places of meeting, and the
attendance of the treasurer and coroner excepted, which shall be regulated
by the said justices by a general rule of court, to be made and confirmed
for that purpose, and entered in the Acts of each of the said courts ; which
method shall be pursued in the drawing of jurors until other jury lists ■
shall be established by law.
XVI. And he it further enacted hy ihQ authority aforesaid. That when-
ever it shall please his most sacred Majesty to appoint the chief justice juj^ggf "
and justices of this Province during good behaviour, the said chief justice
and justices respectively, shall receive a salary, that is to say: — the
chief justice, five hundred pounds, and each of the assistant judges and
justices, three hundred pounds sterling per annum.
XNl\* And he it further enacted by the authority aforesaid. That the
present Attorney-general shall receive a salary of two hundred pounds
sterling per annum, and the present clerk of the Common Pleas, three hun-
dred pounds sterling per annum.
XVIII. And he it further enacted by the authority aforesaid, That all
fines, penalties and forfeitures, that shall be imposed or recovered in any Fines and for-
of the courts aforesaid by virtue of this Act, shall be paid into the treasury p^l'^j^j^j^PP™"
and appropriated and applied towards paying the several salaries hereinbe- salaries.
fore granted, and in case they shall be insufficient for that purpose, then
the public treasurer of this Province is hereby directed, authorized and
required to pay the said salaries, annually, out of any money lying in the
treasury,
XIX. And he it further enacted by the authority aforesaid, That it
shall and may be lawful for the court of Common Pleas in Charlestown, ^^pecial juries,
by consent of both parties, in any civil action concerning trade and disputes
with merchants, or where the value in dispute is equal to fifty pounds
sterling, or on application by either party at his expense, to order a special
jury to be struck for trial of the said cause, either at bar (if a cause of
204 STATUTES AT LARGE
A. D. 1765. Acts relating to Courts.
weight and importance,) or at the circuit court, to be holden in the district
where the said cause shall be by this Act triable, which shall be done in
the following manner, that is to say : — in case of a trial at bar, out of the
list of jurors hereby directed to be made for Charlestown precinct or dis-
trict, each party shall deliver to the said court the names of thirty persons,
out of which number thirty shall be drawn by ballot, and the said thirty
shall be summoned as a jury in the said cause, and out of the number
appearing, twelve shall be drawn in like manner, who shall try the said
cause ; and in case of a trial in any of the circuit courts hereby established,
the names of the said jurors shall be taken and struck as aforesaid, from
the list of jurors for the district wherein the said courts shall be held ; Pro-
vided, that nothing herein contained shall debar any person of legal
challenges to any of the said jurors, and that for want of a sufficient
number, the court in which the said cause is to be tried, shall and may
order a tales to be drawn, in the same manner as is hereinbefore directed.
XX. And be. it further enacted by the authority aforesaid, That no
Bail. person shall be held to bail on any writ of capias ad resj^ondenduni for debt,
unless an affidavit shall be made before, and attested by, some judge or
justice of the peace, and indorsed on or annexed to the writ before the
service thereof, of the sum really due ; nor for any other cause without a
judge's order on probable cause of action shown, to be indorsed on or an-
nexed to the said writ, expressing the sum for which bail shall be given.
XXI. And whereas^ it may often happen that the Attorney-general or
mVinav^p-*^"'^* ^^"'^^^^ ^"^^ ^^^ King Cannot attend to prepare or prosecute indictments for
point deputies. criminal offences; Be it therefore enacted by the authority aforesaid. That
the Attorney-general for the time being is hereby authorized and empow-
ed to depute a tit person, being a barrister or attorney at law, for whose
conduct he shall be answerable, to prepare and prosecute indictments in
his stead, at such district and precinct courts where he cannot attend to
execute the duty of his office in person ; any thing in this or any other Act
of Assembly to the contrary thereof in any wise notwithstanding; Provi-
ded nevertheless , that in case the Attorney-general or his deputy shall not
attend any of the said courts, that then any banister or attorney at law
may prepare and prosecute indictments by leave and appointment of the
justices of the said district or precinct courts, and be allowed the same fees
as are appointed for the Attorney-general.
XXII. A7id be it enacted by the authority aforesaid, That the judges of
Commissioners the said courts shall appoint fit and proper commissioners in each district,
of bail, &.(• to ^j^Q shall have power and authority to take recognizances of special bail
and affidavits, (such recognizances being sealed and signed with the proper
hand writing or mark of the person or persons entering in or making the
same,) in any causes depending in the said courts, and to certify and trans-
mit the same to the said courts, where they shall be deemed and taken to be
as valid and effectual as if made or taken before any of the judges thereof.
XXIII. And be it further enacted by the authority aforesaid , That in
Court failing to case, by any unavoidable accident, the said courts shall fail to be held at
be I'uijourned ^'^ ^^^ times respectively appointed for holding the same, the proceedings shall
not be discontinued, but tha^ any one of tl>e commissioners for taking re-
cognizances of bail and affidavits, or the clerk of the court, shall and may
adjourn the said courts de die i?i diem, not exceeding six days, until the
said court shall meet ; and in case they shall not meet and sit in six days
as aforesaid, the said commissioners or clerk of the court shall adjourn the
same to the next circuit court, to which time all causes then depending
shn'l ho C'^ntipu'^ri ovor.
OF SOUTH CAROLINA 205
Act" relatittg to Courts. A. D. 1783.
XXIV. And be it further enacted by the authority aforesaid, That all
the fines or forfeitures accruing or arising by virtue of this Act, shall be
sued f'lr in the name of the King, and when recovered, shall be disposed cf
as is hereinbefore directed and appointed.
XXV. And be it further enact ed by the authority aforesaid. That this
shall be deemed a public Act, and may be given in evidence without special This a public
pleading ; and if any person shall be sued for any thing done in pursuance ^*^''
hereof, and judgment shall pass for the defendant, either on verdict, non-
suit or demurer, or the plaintiff" shall discontinue his action, the defendant
shall recover treble costs.
XXVI. And be it further enacted, by the authority aforesaid, That noth-
ing herein contained shall be of any force, virtue or efficacy, until public when to go
notice of his Majesty's gracious allowance and approbation of this Act into effect,
shall be given by proclamation of the Governor or Commander-in-chief of
this Province for the time being, but that all and every matter and thing
herein contained shall, as soon thereafter as the same shall be practicable,
be observed and carried into execution, according to the true intent and
meaning of this Act.
P. MANIGAULT, Speaker.
In the Council Chamber, the 12th day of April, 1768.
Assented to : C. G. MONTAGU.
AN ORDINANCE to divide the Judges's Fees in the Court of -^^ 1170
Common Pleas and General Sessions of the Peace, equally
AMONG all the JuDGES ; AND TO PREVENT ANY JuDGE WHO MAY BE
hereafter APPOINTED A DELEGATE TO CoNGRESS, FROM RECEIVING
THE Emoluments of both Offices.
I. Be it ordained, by the honorable the Senate and House of Represen-
tatives, in General Assembly met, and by the authority of the same. That
all the fees which shall hereafter be due to the chief justice, or assistant
justices, of the court of common pleas, or of the court of general sessions
of the peace, for business transacted in the said courts, shall be equally
divided between the chief justice and each of the assistant justices of the
said courts ; provided nevertheless, that the fees which shall be due to the
judges for business actually transacted in the circuit courts, shall be appro-
priated to such judge as shall perform the same.
II. And be it also ordained, by the authority aforesaid. That if at any
time hereafter, the chief justice, or either of the assistant justices, should
be appointed a delegate from this State to the Congress of the United
States, the salary and fees of such chief or assistant justice shall cease
during his or their absence from the State.
In the Senate House, the twelfth day of March, in the year of our Lord one thousand
seven hundred and eighty-three, and in the seventh Vi .■ i of the Independence of
the United States of America.
JOHN LLOYD, President of the Senate.
HUGH RUTLEDGE. Speaker of fit e Hovxe of Representotive.<i.
STATUTES AT LARGE
Acts relating to Courts.
No. 1172. AN ACT FOR continuance of Process and Judicial Proceedings
IN THIS State.
I'l-eainlde.
WHEREAS, the several proceedings of the Courts of Justice within
this State, have been discontinued since the surrender of Charlestown into
the hands of the British, and it is necessary to revive and continue such
proceedings :
I. Be it therefore enacted, by the honorable the Senate and the House of
Representatives, in General Assembly now met, and by the authority of
Suits, writs, the same, That no pleas, writs, bills, informations, actions, suits, plaints,
&c.(;..nuiiued process, precepts, or other thing whatsoever, pleaded, returned, depending,
or havino- day, in either of the courts of sessions or common pleas, within
any of the districts of this State, at any time before the surrender of
Charlestown, and which could not be determined by reason the said courts
not sitting at the usual times, shall be in any wise discontinued or put
without day, by reason of their not holding or keeping of any of the said
courts within the districts aforesaid, either before or since the capitulation
of Charlestown, at any of the tmies or at the places appointed by law for
the holding or sitting of any such courts, but all and singular the said
writs, bills, informations, pleas, actions, suits, plaints, process, precepts
and other proceedings as aforesaid, shall stand continued and be revived,
and be good and effectual in law, to all intents and purposes, as if the said
courts had been actually kept and holden regularly and uninterruptedly at
the several and respective times and places appointed by the laws of this
State for the holding and sitting of the same ; any law, custom or usage,
to the contrary thereof in any wise notwithstanding.
n. And whereas also, by the death of several persons who were parties,
Cases in Chan- either in their own right, or as executors or administrators, to suits depend-
cery revived, i^g in the court of chancery of this State, the said suits have abated and
discontinued, whereby great prejudice arises to many innocent persons ;
Be it therefore enacted by the authority aforesaid. That no suits which
were depending in the said court shall be discontinued or abated by the
death of any of the parties to the same, but the survivor or survivors in
such suits, shall be at liberty to prosecute the same ; and the judges of the
court of chancery shall be, and they are hereby, authorized, upon the ap-
pHcation of any one or more of the parties to any proceedings now pend-
ing in the said court where the pleadings have been all filed, to proceed to
a hearing and determination of such causes respectively, first giving notice
to the representatives of such of the parties, or to the surviving executors,
administrators or trustees, as the case may be, that have died since the
commencement of such suits, who may nevertheless avail themselves of
any matter by supplementary bill, answer, or other pleadings ; and the de-
crees of the said court of chancery shall be binding on the said represen-
tatives, as fully as if such parties were still living.
HI. And be it further enacted by the authority aforesaid, That all pleas,
writs, informations, actions, suits, plaints, process, precepts, and other
things whatsoever, depending or having day in any of the said courts, or
which shall commence previous to the sitting of the said courts, as appoint-
ed by this law, are hereby continued and adjourned over unto the next
sitting of the said courts respectively, in their respective districts, at the
times hereinafter mentioned for the holding of the same.
IV. And he it further enacted by the authority aforesaid. That the seve-
ral courts of general sessions and common pleas hereafter to be held in any
OF SOUTH CAROLINA. 207
A cts relating to Courts. A . 1 ) . 1 7b3.
of the districts of this State, shall be held at the rcspnctive times and
places hereafter mentioned, (that is to say,) the courts of general sessions j^j"",!^ I^J.j^" "
and common pleas for the district of Charlestown, shall begin to be holden
on the twenty-second day of March next, at Charlestown, and after such
sitting, the said courts, with the business in them depending, shall be
adjourned over to be held at Charlestown, as hitherto have been appointed
by law for the holding of said courts for the said districts ; and that the
said courts to be holden for the several other districts in this Siate, except-
ing Charlestown district, shall hereafter be holden and shall sit at the
times and places heretofore appointed by law for the holding and sitting of
such courts.
V. And be it further enacted by the authority aforesaid, That the , .
. . J uric*' to 06
judges of this State, or any of them, shall, at the first sitting of the jrawn ami
courts of general sessions and common pleas in Charlestown, cause a jury summoned.
to be drnwn for each of the districts of this State, out of the jury lists of
such districts annexed to this Act, and shall cause a writ of venire facias
to be issued to the sherifis of such districts respectively, to summon such
persons who shall be drawn for such jury, to attend at such courts for wliich
such persons shall be so drawn as jurors, at the times and places appointed
by law for the holding of such courts respectively ; and that all jurors to
be drawn, and venires to [be] issued afterwards, for the holding of any
future courts, shall be drawn and issued at the times and places and in
manner as heretofore appointed by law.
VI. And be it further enacted by the authority aforesaid, That the
several courts hereafter to be held under and by virtue of this Act, shall Powers of the
have all and every the powers, jurisdiction and authorities whatever, in as courts,
full and as ample a manner, to all intents and purposes, as any such courts
have at any time or times heretofore held, used or exercised ; and that
all and every person or persons, drawn and summoned to serve as jurors
at any such courts, shall, for any default, be subject and liable to all the
pains and penalties imposed on jurors by any Act or Acts of the General
Assembly of this State.
VII. And be it further enacted by the authority aforesad. That immedi-
ately after the passing of this Act, the judges of this State, or any one of Jury lists to be
them, shall, out of the lists annexed to this law, cause the sheriffs of the '"'^'^''"
different districts of this State to have a jury list made for their respec-
tive districts, according to law, and the names of such jurors to be put
into a box for that purpose, in manner, and to be kept, as heretofore direct-
ed by law ; and that immediately after the passing of a tax Bill for this
State, and making a tax list, or as soon as practicable thereafter, the said
judges, or any of them, shall cause such sheriffs to add to such names in
such boxes respectively, all the names of such persons within their respec-
tive districts, who are liable to serve on juries, and who have been omitted
in such lists as are hereunto annexed, which addition any of the said
judges of this State, on their respective circuits which they shall ride,
shall have power, and are hereby authorized, to cause to be mide.
In the Senate House, the sixteenth day of March, in the year of our Lord one thousand
seven hundred and eighty three, and in the seventh year of the Independence of the
United States of America.
JOHN LLOYD, President of the Senate.
HUGH RUTLEDGE, Speakei ^f the House of Representatives.
[Lists of names omitted.]
No. 1209.
- Preamble.
Present court
of Cli.-incery
abolished.
Three Chan-
cellors
appointed.
Qualification.
Powers of the
Chancellors,
STATUTES AT LARGE
Acts relating to Courts.
AN ACT FOR ESTABLISHIIVG A CoURT OF ChANCERY.
WHEREAS, by the Constitution or form of government, it is declared,
that the Lieutenant Governor of the State, and a majority of the privy
Council, for the time being, shall, until otherwise altered by the Legisla-
ture, exercise the powers of a Court of Chancery ; and whereas, many
inconveniences arise from so frequent a rotation of the members who com-
pose the said court, as is required by the Constitution in the office of privy
counsellors :
L Be it therefore enacted , by the honorable the Senate and House of
Representatives, now met in General Assembly, and by the authority of
the same, That from aad immediately after passing this Act, the power
and authority of the court of Chancery, as established by the constitution
or form of government of this State, on the nineteenth day of March, in
the year of our Lord one thousand seven hundred and seventy-eight, shall
cease and determine.
H. And he it further enacted by the authority aforesaid. That the court
of Chancery shall, in future, consist of three judges, to be chosen by joint
ballot of the Senate and House of Representatives, and commissioned by
his Excellency the Governor, during good behaviour, removeable, never-
theless, on the address of both Houses of Assembly.
HI. And be it further enacted by the authority aforesaid, That every
person elected and commissioned as aforesaid, before he shall enter upon
the duties of his office, shall take and subscribe the oath of fidelity to the
State, and shall also take the following oath of office, which the Governor
or Commander-in-chief is hereby directed to administer, to wit: " I, A B,
do swear, that I will well and truly serve the people of this State in the
office of judge of the court of Chancery, and that I will do equal right to
all manner of people, great and small, high and low, rich and poor, accor-
ding to equity and good conscience, and the laws and usages of South
Carolina, without respect of persons, according to the best of my know-
ledge, skill and abilities. So help me God.'" And if any persons shall
presume to execute the said office without being qualified as this Act
directs, he shall forfeit and pay the sum of ten thousand pounds sterling,
to be applied to the use of the State, and which shall be sued for and re-
covered by the Governor or Commander-in chief for the time being,
ex-officio.
IV. And he it further enacted by the authority aforesaid. That all the
powers and authorities which have been at any time vested in or exercised
by a court of Chancery in this State, for the purpose of making such
rules and orders as may be thought expedient and necessary for carrying
on the proceedings in the said court, either before or since the revolution,
shall be, and they are hereby, vested in or may be exercised by the said
judges, or any two of them ; and the said judges, or any two of them,
are hereby fully authorized and impowered to hear, and finally to deter-
mine, all such matters and causes as shall from time to time be brought
before the said court.
V. And he it further enacted by the authority aforesaid. That the said
judges, or any two of them, shall have full power and authority to estab-
lish such standing rules and orders (not repugnant to this Act) for regulat-
ing the practice of the said court, as they shall deem most consistent with
justice and equity, and as may effectually tend to the dispatch of business,
without unnecessary delay to suitors.
OF SOUTH CAROLINA. 209
Acts relating to Courts. A. D. 1784.
YI. And he it further enacted by the authority aforesaid, That no suit
or petition in Chancery, on which a decree or dismission has not been yet j.„its ^^ i,^
obtained, shall be considered as dismissed or discontinued, for any past resume.], and
delay of prosecution, but that all such suits and petitions shall be deemed ^'^"^gYJ ^T^
to be pending in the court hereby established , and to be now in the same determined.
state as they were in when the last proceedings was had thereon ; and that
every such suit or petition shall be finally determined within one year from
and after the passing of this Act ; and every petition or suit which shall
be hereafter preferred to or instituted in the said court, shall be finally
decided within one year after the same shall have been preferred or com-
menced, unless upon application, in full and open court, in term time, and
for special reasons to be assigned, on account of the absence of material
witnesses, or of some of the parties, or any other equitable cause, the
court shall think proper to extend the time (not exceeding twelve months
longer) for the determination of the suit.
VII. And be it further enacted by the authority aforesaid, That the
said court shall be considered as always open for administering justice to Court to be
suitors; and that in the vacation, any one of the said judges may make '^^"'•''y^ °P^"-
such rules and orders, preparatory to hearing, in any suit or cause depend-
ing in the said court, as may be necessary.
VIII. And he it further enacted by the authority aforesaid, That the
stated terms for holding the said court, and for the full and solemn hearing stated terms,
of causes, shall be on every second Monday in March, June and Septem- when to be
ber, and on every third Monday in December, and that the said court shall ''^'''"
sit at the said times de die in diem, (Sundays excepted) at the place where
the courts of common pleas are usually held in Charleston, until all the
causes ready for hearing, (and which shall be set down, or entered for
hearing with the register of the said court, ten days previous to the first
day of each term,) shall be heard.
IX. And whereas, the obliging a complainant seeking relief from a ver-
dict or judgment at law, to deposit the sum for which such verdict or injunctions,
judgment was obtained, before an injunction can issue to stay execution,
although his prayer is manifestly founded in equity, hath been and would
be attended with much inconvenience to suitors, and in many instances
may amount to a denial of justice ; Be it therefore enacted, by the authority
aforesaid, That a party applying for an injunction to stay proceedings in
an action at law, or judgment, or execution, or the levying of execution,
shall be intitled to such injunction, on making oath, or giving his affirma-
tion, (according to the form of his profession,) to the truth of his bill, and
giving bond to the plaintiff at law, with security, to be approved by the
master in Chancery, for such sum, and with such condition, as the court
shall direct, if, upon the merits of the motion for such injunction, (of
which motion due notice shall always be given to the adverse party,) the
complainant shall appear, from the equity stated in his bill, to be entitled
to an injunction.
X. And be it further enacted by the authority aforesaid. That there
shall be a register of the said court, to be appointed by the Governor, with Register,
the advice of the privy Council, and commissioned during good behaviour.
XI. And he it further enacted by the authority aforesaid, That the
sheriff of the district in which the party against whom any process of the Sheriff to exe.
said court issues resides, or the estate to be effected thereby lies, shall process,
execute and make a proper return of all such process, writs of subpcEna
only excepted.
VOL. Vn.— 27.
210 STATUTES AT LARGE
A . D. 1784. Acts relating to Courts.
XII. And be it further enacted by the authority aforesaid, That if in
Proceedings in any suit in the said court, a defendant against whom process shall issue,
case defendant shall not cause an appearance to be entered thereupon, as it ought to have
State. ^"""^ ' ^ been if such process had been duly served, and affidavit shall be made, to
the satisfaction of the court, that such defendant is without the limits of
this State, or that, on enquiry at his or her usual place of abode, he or she
could not be found to be served with such process, the said court may
, make a rule or order, directing and appointing such defendant to appear
at a certain day therein to be mentioned, and a copy of such order shall,
within ten days after making thereof, be inserted in the South Carolina
Gazette, and continued for three months, and another copy thereof posted
up at a door of the State House, in Charleston ; and if the defendant shall
not appear within the time limited by such order, on proof made to the
satisfaction of the said court of the publication thereof as aforesaid, the
court may order the complainant ''s bill to be taken pro co7ifesso, and make
such decree thereon as to the said court shall appear just and equitable,
and issue the process necessary to enforce the execution or compel the
' performance of the said decree, the complainant first giving sufficient
security, in such sum as the court shall think proper, to abide such order as
may be made, on the defendant's appearing to the suit, and paying such
costs to the complainant as the court shall order ; provided always, that if
any person against whom such decree shall be made, or his or her legal
representative, shall, within four years after passing the said decree, if
without the limits of the United States, and within two years if absent
from this and within the United States, appear in court, and petition to be
heard with respect to the matter of such decree, and shall pay down or
give security for payment of such costs as the court shall think proper,
the person so petitioning shall be admitted to answer, plead or demur to the
bill ; and such proceedings shall be thereupon had in the said suit, as there
might have been, in case the party had originally appeared, and as if no
former order or decree had been made in the said cause.
XIII. And be it further enacted by the authority aforesaid, That if
Defendant not neither the person against whom such decree shall be made, or his legal
appearing representative, shall appear and petition for a rehearing, and pay, or give
within the time ggj.yj.ijy f^j. payment of, such costs, within the time above mentioned, such
cree to be decree shall stand absolutely confirmed against the person against whom
confirmed. it was made, his legal representatives, and all claiming under him ; but if
such defendant shall be in custody at the time a decree shall be made, upon
refusal or neglect to enter an appearance, or to appoint an attorney as
aforesaid, or shall be forthcoming so as to be served with a copy of the
decree before any process shall issue to compel the performance thereof,
and if such defendant shall die in custody before such copy is served on
him or her, then the heir at law, if any real estate be effected thereby, or
if only personal estate, the executors or administrators, shall be served with
such copy within six months after such death ; or if the heir, executor or
administrator be out of the State, then the said decree to be published in
the South Carolina Gazette, and also posted up at the front door of the
State House, in Charleston, for three weeks previous to further proceedings.
XIV. And be it further enacted by the authority aforesaid , That if any
person brought into the said court, on process issued therefrom, shall refuse
or neglect to enter an appearance, according to the rules of the court, the
court may appoint a solicitor to enter an appearance for such defendant,
and thereupon, such proceedings shall be had in the said cause as if the
party had actually appeared.
OF SOUTH CAROLINA. 211
Acts relating to Courts. A. D.J 785.
XV. And be it further enacted by the authority aforesaid, That each of
the said judges shall be allowed a salary of five hundred pounds sterling Salary.
per annum, payable quarterly, at the treasury of this State, in Ueu of all
fees and perquisites of office whatsoever.
In the Senate House, the twenty-first day of March, in the year of our Lord one (hou-
sand seven hundred and eighty-four, and in the eighth year of the Independence
of the United Slates of America,
JOHN LLOYD, President of the Senate.
HUGH RUTLEDGE, Speaker of the House of Representatives,
AN ACT FOR THE MORE SPEEDY AND EFFECTUAL ENFORCING THE EXE- No. 1264.
cuTioN OF Decrees in the Court of Chancery.
WHEREAS, the present mode of enforcing obedience to Decrees in
the court of Chancery is tedious, and often defective.
L Be it therejore enacted by the honorable the Senate and House of
Representatives, and by the authority of the same. That in all cases where
payment of money is decreed by the said court, it shall be lawful for the
party to whom such payment is to be made, to sue forth (at his option,)
either the usual process for compelhng performance of the said decree, or ^
a writ in nature of &. fieri facias, to make the estate, both real and per-
sonal, of the party by whom such money is to be paid, liable to satisfaction
thereof, in the same manner as it is on such a writ from the court of Com-
mon Pleas ; and that the sheriff of the district in which the estate levied
upon lies, shall have the same power and authority to sell and convey the
same, as he hath on a feri facias from the Court of common Pleas, and
be entitled to the like fees for the execution thereof.
In the Senate House, the twelfth day of March, in the year of our Lord one thousand
seven hundred and eighty-five, and in the ninth year of the Independence of the
United States of America.
JOHN LLOYD, President of the Senate.
JOHN FAUCHEREAUD GRIMKE,
Speaker of the House of Rejrresentatives.
AN ACT for establishing County Courts, and for regulating -^^ \2S\
the proceedings therein.
WHEREAS, experience hath proved the utility of courts of inferior ju-
risdiction, for the more expeditious determination of suits and controversies,
and the recovery of debts.
L Be it therefore enacted, by the Honorable the Senate and House of Re-
presentatives, now met and sitting in General Assembly, and it is hereby
212 STATUTES AT LARGE
A, D. 1785, ^cig relating to Courts.
enacted by the authority of the same, That in every county of this State ,^
established. a court shall be held once in every three months, by the justices appointed
in the manner hereinafter mentioned to preside in and hold the same at
the several places assigned by law for holding the same, and on the seve-
ral days hereinafter Hmited for each county, respectively, and at no other
time or place ; vk^hich courts shall be called county courts, and shall be
held and administered by seven justices of the peace, all of whom, in the
first instance, shall be elected by a joint nomination of the Senate and House
of Representatives, who shall be qualified in the manner this Act directs ;
and if^ any vacancies shall happen by the death, resignation or removal out
of the county, of any of the said justices, the remaining justices, or a ma-
jority of them, shall have full power to nominate and appoint other fit and
proper persons to fill up such vacancies, who shall be qualified in like man-
Justices, how ner, until the next meeting of the Legislature thereafter, when such nomi-
to be appoin- nation and appointment shall be annulled or confirmed, and shall be com-
missioned by the Governor and Commander-in-chief for the time being,
during good behavior ; any three or more of whom shall have full power
and jurisdiction to hold the said county courts, and to hear and determine
all causes and other matters and controversies properly appertaining and
referred by law to their jurisdiction ; and every person so appointed shall,
previously to his entering upon and executing the said ofhce, before the
Governor or Commander-in-chief for the time being, or some one judge
of the court of Common Pleas, take and subscribe the oath of allegiance
and fidelity to this State, and shall also take the following oath, to wit :
The oath of a justice of peace, authorized to sit in a county court :
I, A B, do solemnly swear, (or affirm, as the case may be,) that I will well
Oath. and truly discharge the trust reposed in me, by administering justice accord-
ing to law, in the county court of C, wherein I am appointed sit, according
to the best of my knowledge, judgment and ability, without malice or par-
tiality ; and that I will not take any fee, gift or gratuity, except such as may
be appointed by law, for any thing to be done by me in virtue of my said
office ; and that I will, without being influenced by fear, favor or affection,
do equal justice and right to all manner of people, both high and low, rich
and poor, without any equivocation or mental reservation. So help me God.
And if any person shall presume to execute the said office, without
being first qualified as aforesaid, such person shall forfeit and pay, for every
such offence, the sum of two hundred pounds sterling, one moiety thereof
to the public treasury, towards the support of government, the other moie-
ty to the informer, to be recovered, with costs, by action of debt, in any
court of record in this State having jurisdiction thereof.
n. And be it further fwac/'cfi by the authority aforesaid. That the said
county courts shall be constantly held, every three months throughout the
PnurtB when year, upon the days hereinafter specified for each county respectively, that
loeit, is to say : for the counties bf Abbeville, Winyaw, Granville, York and
Richland, on the first Monday in January, April, July and October ; for
the counties of Edgefield, Hilton, Wilhamsburgh and Clarendon, on the
second Monday in January, April, July and October; for the counties of
Newberry, Lincoln, Marlborough, Berkley and Kingston, on the first Mon-
day in March, June, September and December ; for the counties of Lau-
rens, Bartholomew, Shrewsbery and Chesterfield, on the second Monday in
March, June, September and December ; for the counties of Spartanburgh,
Washington, Lexington and Claremont, on the third Monday in March,
June, September and December; for the counties of Chester, Lancaster,
OF SOUTH CAROLINA. 213
Acts relating to Courts. A. D. 1785.
Winton, Darlington and Charleston, on the third Tuesday in January,
April, July and October ; for the counties of Clarendon, Union, Liberty,
Lewisburgh and Marion, on the fourth Monday in March, June, Septem-
ber and December; for the counties of Orange, Colleton and Fairfield, on
the fourth Monday in January, April, July and October : provided neverthe-
less, that if the business of the said courts, respectively, cannot be deter-
mined on the court day, the justices may sit from day to day, not exceed-
ing six days in the whole, and such causes and controversies, then depend-
ing before them, as cannot be heard and determined v^^ithin that time, shall
be adjourned over to the next county court.
in. Be it further eruicted hy the authority aforesaid. That the justices
of every county court, as aforesaid, shall have full powers and jurisdiction Extent of ju-
to hear and determine all causes at the common law, within their respec- "^'^''^'^'°"'
tive counties, to any amount where the debt shall be liquidated by bond or
note of hand, or where the damages on open account, assumpsit, detinue
or trover, shall not exceed fifty pounds, and in all other personal actions
where the damages shall not exceed twenty pounds, or where the title or
bounds of lands shall be in question ; and except, also, such criminal cau-
ses where the judgment, upon conviction, shall be for (he loss of hfe or
member, or for the infliction of corporal punishment; and except all causes
of less value than is directed by the Act for the trial of small and mean
causes, until the holding of the first county court in each county, respec-
tively, when the jurisdiction of a single magistrate shall be confined to
twenty shillings, and no more.
IV. And be it further ctiacted by the authority aforesaid, That it shall be
lawful for any justice of the peace, upon complaint to him made, upon oath, ftj°chmem^ '"
by any person, that his debtor is removing out of the county privately, or
absconds and conceals himself so that the ordinary process of law cannot
be served upon him, to grant an attachment against the estate of such
debtor, or so much thereof as shall be of value sufficient to satisfy the
debt and costs of such plaintiff; which attachment, where the debt or
demand would have been originally cognizable in the county court, shall
be returnable to the next court of the county where the same was issued,
and shall be directed to and served by the sheriff of the county or his
deputy ; and it shall be lawful for such sheriff to serve and levy the
same upon the slaves, goods and chattels of the party absconding, where-
soever the same shall be found, or in the hands of any person or per-
sons indebted to, or having any effects of, the person absconding, and to
summon such person or persons to appear at the next court to be held for
the said county, there to answer, upon oath, what he or she is indebted to
such party, and what effects of such party he or she hath in his or her
hands, or had at the time of serving such attachment ; which being return-
ed executed, the court may thereupon compel, by order, such person or
persons to appear and answer, as aforesaid ; pi-ovided ahcays, that every
justice of peace, before granting such attachment, shall take bond and se-
curity of the part)^ for whom the said attachment shall be issued, in double
the sum to be attached, payable to the defendant, for satisfying and paying
all costs that shall be awarded to the defendant, in case the plaintiff suing
out the attachment therein mentioned, shall discontinue or be cast in his
suit, and also all damages which shall be recovered against the said plain-
tiff, for his suing out such attachment ; which bond shall be by the same
justice returned to the court to which the attachment is returnable ; and the
party entitled to such costs and damages may bring suit and recover ; and
214
STATUTES AT LARGE
A. U. 1785.
Acts relatins: to Courts.
If security in-
sufficient, she-
riff liable.
Debtor remo-
viug, attach-
ment to issue,
directed to all
sheriffs of the
State.
Goods attach-
ed to be sold.
every attachment issued without such bopd taken, or where no bond shall
be returned as aforesaid, is hereby declared to be illegal and void, and shall
be dismissed with costs; provided, ahoays, that all attachments shall be
repleviable by appearance and putting in special bail, if by the court ruled
so to do, or by giving bond with good security to the sheriff or other officer
serving the same, which bond the sheriff or other oificer is hereby empow-
ered and required to take, to appear at the court to which such attachment
shall be returnable, and to abide by and perform the order and judgment
of such court.
V. And he further enacted by the authority aforesaid, That upon the
defendant or defendants replevying any attached effects, by giving bond
and security to the sheriff or other officer, as aforesaid, the sheriff shall re-
turn the name or names of the security by him so taken, and if such secu-
rity, upon motion, shall be adjudged insufficient by the court, and if the
defendant shall fail to appear and give special bail, if thereunto ruled by
the court, such sheriff or security shall be subject to the same judgment
and recovery, and have the same liberty of defence and relief, as if such
defendant was legally present in court.
VI. And be it further enacted by the authority aforesaid, That it
shall be lawful for any creditor to go before any justice of the peace for
the county where his debtor resides, and make oath how much is justly due
to him, and that he has just grounds to suspect, and verily beheves, that such
debtor intends to remove his effects, and thereupon such justice shall issue
an attachment against the estate of such debtor, returnable to his next
county court, and directed to all sheriffs within the State of South Caroli-
na, and by virtue thereof, it shall be lawful, as well for the sheriff or his
deputy of the county wherein such attachment shall be obtained, as for the
sheriffs or their deputies of other counties, through which such debtor may
be going with his effects, to pursue and seize such effects, and make return
to the court of the county to which the said attachment shall be return-
able, and thereupon such proceedings shall be had as in other cases of at-
tachment ; provided, that if the sum exceeds fifty pounds in an open account,
the writ of attachment shall be returnable to the circuit court of the said
county ; and upon complaint made to a justice of peace that any person in-
debted to the complainant, in any sum not exceeding three pounds, where a
single Magistrate by this Act has jurisdiction, is about to remove, or is re-
moving, out of the county, privately, or so absconds or conceals himself
that a warrant of summons cannot be served upon him, it shall be lawful
for such justice, taking bond and security in the manner hereinbefore de-
scribed in other cases, to grant an attachment against the estate of such
debtor, or so much thereof as shall be of value sufficient to satisfy the debt
and costs of the plaintiff, directed to the sheriff or some constable of his
county, and returnable before himself or some other justice of the peace
thereof, who shall and may proceed and determine finally thereupon, as to
justice shall appertain.
VII. And be it further enacted hy i\iQ authority aforesaid. That if any
attachment returnable to the county court, or before a justice of the peace,
shall be returned executed, and the goods or effects attached shall not be
replevied, as aforesaid, the subsequent proceedings thereupon shall be the
same as on original process against the body of the defendant, where there
is default of appearance ; and all goods and effects attached and not replevied,
as aforesaid, shall, by order of the said court, be sold and disposed of, for
and towards satisfaction of the plaintiff's judgment, in the same manner as
OF SOUTH CAROLINA. - 215
Ads relating to Courts. . A. D. 1785.
if the same had been taken in execution upon the writ o^ fieri facias ; and
where any attachment shall be returned served in the hands of any third
person, it shall be lawful, upon his or her appearance and examination in
the manner by this Act before directed, to enter up judgment as against the
original debtor, and award execution against every such third person, for
such monies as may be due from him to the absconding debtor, or such eflects
as may be in the hands or keeping of the said third person, belonging to
such debtor, or so much thereof as will be of value sufficient to satisfy the
judgment and costs of the plaintiff in attachment.
VIII. And be it further enacted hy i\ie authority aforesaid. That all ori-
ginal process by writ, petition and summons, or any other kind whatsoever. Process to be
all subsequent process thereupon to bring any person or persons to answer '^/'"^'^ '^J/'^^
in any action commencing, or to be commenced, in any county court, and retur'nahle.
all attachments awarded by the said courts at the common law, shall be
issued and bear teste by the clerk of every county court, respectively, and
be dated on the day whereon the same shall be issued, returnable to the
next succeeding county court, and shall be executed four days at least be-
fore the day of the return thereof; and if any process shall be delivered to
the sheriff or other officer serving the same, so late that he cannot execute
such process four days before the return day thereof, such process shall not
be executed, but the officer shall return the truth of the case ; and if any
original process be taken out within four days of the next court day, the
same shall be made returnable to the next court to be held after the expi-
ration of the said four days, and not otherwise ; and all process issued or
returned in any other manner than that hereinbefore directed, shall be, and
the same is hereby declared to be, null and void : Provided nevertheless,
that any justice or justices of the peace, by his or their warrant, may cause
any traitor, felon, pirate, rioter or breaker of the peace, or other criminal
offender, to be apprehended and brought before the same, or any other jus-
tice or justices, or before the next county court, although there be not four
days between the execution of such warrant and the return day thereof.
IX. And be it further enacted by the authority aforesaid. That all man-
ner of process issued by the clerks or county courts as aforesaid, wherein Sheriff inte-
. I'PstGu coroiiBr
the sheriff who ought to execute the same shall be in any way interested, shall to officiate.
be directed to and served by the coroner of each county respectively ; and
when any process shall be executed wherein common bail shall be requira-
ble, the sheriff shall return the name or names of the bail by him taken ; ^'*'''
and if he shall not return bail, or if the bail returned shall be adjudged in-
sufficient by the court, or if the defendant shall fail to appear, or to give
special bail, when ruled thereto by the court, such sheriff or bail shall be
subject to the same judgment and recovery, and shall have the same liberty
of defence and relief, as in like cases is by law provided in suits depending
in the supreme court ; and in cases where the plaintiff shall move for special
bail, upon the defendant's appearance the court may, if they think proper,
rule him to bail accordingly, or corgmit him, upon failure, to the custody
of the sheriff until bail shall be given ; and the person or persons becoming
special bail, shall be liable to the judgment and recovery, unless the body
of the defendant be rendered in execution in discharge of such bail ; Pro-
vided, that no special bail shall be requirable in any suit brought upon a
penal law, unless by such law bail shall expressly be directed to be
taken.
X. And whereas^ heretofore it hath been the law of this State, that upon
the return of writs of capias ad respondendum, where the defendant or
116 STATUTES AT LARGE
A. 1). 1785. ^(.fg relating to Courts.
defendants maketh default of appearance, to suffer the plaintiff to suspend
the proceedings against such defendant or defendants, and commence ori-
ginal actions against the bail ; whereby the costs have been greatly and
unnecessarily increased, and the defendants aggrieved ; for remedy whereof,
Common bail ^^ it further enacted by the authority aforesaid, That where any writ shall
not liable till issue from any court within this State, whether of supreme or inferior
affai'nst't1fe"''"^j"'^*^'^^^^^°"' ^"'^ ^^^ defendant shall give bail for his appearance and shall
principal, &,c. rnake default, the suit shall be prosecuted to judgment and execution
against such defendant, before any proceedings shall be had against the
common bail ; and if the sheriff shall return upon the execution that the
defendant is not to be found, or hath no effects whereon to levy the debt and
costs, then the plaintiff may sue forth a scire facias against such bail, to
shew cause why the execution for the judgment and costs should not issue
against him or them ; and on such scire facias being returned executed,
judgment shall be entered up against such bail, and execution go forth as
against the original defendant ; and if the sheriff shall return in the said
writ of scire facias, that the defendant or defendants are not to be found in
his county, or that he resides in some other, an alias shall issue to the
sheriff of the county where such defendant resides, who shall execute and
return the same to the court of common pleas or county court from whence
the same issued ; and if an alias scire facias shall issue on the general return
of non est inventus., and the like return shall be made a second time, the
plaintiff' shall have judgment and execution against the estate and effects
of such bail, as if he had been personally served with such writ ; Provided
nevertheless, that nothing herein contained shall be construed to deprive
the common bail in such action from appearing and entering himself special
bail, at any time before judgment in such action shall be signed.
XI. And for the better ascertaining the proceedings where the sheriff
returns that the defendant is not to be found in his bailiwick, Be it further
turn of Tion '^si^nacted by the authority aforesaid. That where any sheriff shall make such
inventus. return, the plaintiff' or plaintiffs in such action may sue out an attachment
against the estate of such defendant, returnable as hereinbefore directed
for the returns of original or other subsequent process, or an alias or jyluries
capias, at the election of such plaintiff or plaintiffs ; and if the sheriff shall
return any goods attached, the property of the defendant, the plaintiff shall
file his declaration and be entitled to a judgment for his whole debt or
damages upon a writ of enquiry ; and the goods so attached shall remain
in custody of the sheriff, until such judgment be obtained, and shall then,
by order of court, be sold and disposed of in the same manner as goods
taken in execution upon a writ of feri facias ; and if the judgment shall
not be satisfied by the goods attached , the plaintiff' may have an execution
against the body of the defendant, or his effects, for the residue; Provided
always, that all goods so attached may be replevied by the defendant's
giving bond and security to the sheriff, or other officer attaching the same,
in like manner as by law is directed in the execution of civil process, or by
his appearance and giving special bail, if ruled thereto by the court.
XII. And for the regular determination and prosecution of suits, entering
Rules of plead- yp ^^^ judgments, and preservation of the records. Be it further enacted
by the authority aforesaid. That the following rules and methods shall be
observed, to wit : — that the plaintiff in any suit shall file his declaration
before or at the first calling of the cause in court, which shall plainly and
substantially set forth the cause of action ; and no incipitur shall be filed or
received in lieu thereof ; that if the plaintiff fails to file his declaration, or
OF SOUTH CAROLINA 2r
Act.^ relating to Courts. A. D. 1785.
to appear and prosecute his suit, upon motion of the defendant, he shall be
non-suited ; that upon every non-suit, the defendant shall recover five shil-
lings sterling, and costs of suit ; that every defendant, upon the return of
the process against him, shall appear, by himself or his attorney, and shall
put in his plea in writing, which may contain as many several matters as he
shall think necessary for his defence ; but no demurrer shall be received,
unless in tlie opinion of the court the declaration shall not plainly and
sufficiently set forth the cause of action, or that the matter thereof is not
actionable ; and where the pleas pleaded shall appear to the couft to be eva-
sive or defective, insomuch that legal justice cannot be done, upon motion
of the plaintiff or his attorney, the defendant shall be ruled to plead a good
and sufficient plea, and upon failure, judgment shall be awarded as in case
of nihil dicit ; that any defendant pleading in abatement, (except upon
matter appearing of record,) shall be obhged to make affidavit of the truth
thereof, before the same shall be admitted ; that upon the last day of the
court wherein the declaration shall be filed, the defendant, by himself or his
attorney, shall put in his plea, which shall be founded on the merits of the
cause, and all frivolous or dilatory pleas shall be suppressed by the court,
upon motion, at the time such plea shall be tendered, and the defendant
ruled to plead substantially instanter, and the plaintili" or his attorney shall,
on the same day, join issue on the said plea, which issue shall be tried at
the next succeeding court, by a jury, in like manner as issues are tried in
the circuit court, on which verdict shall be given, and judgment entered
up immediately, unless sufficient cause shall be shewn to the court then
sitting, previous to an adjournment to the next court, for granting a new
trial, which may be granted once, and not oftener, in the same cause ; that
in all cases where the issue shall be made up as aforesaid, the cause shall be
tried on the next succeeding court, unless where either of the parties shall
make oath in open court, that he, she or they hath done every thing in their
power to enforce the attendance of witnesses essentially necessary in such
trial, and without whose attendance justice cannot be done ; in which case
the court may, at their discretion, continue the cause over, and refer the
issue for trial at the next court ; Provided, that in all cases where the act
of God or the non-attendance of witnesses shall (upon the motion of
either of the parties attending and making the same appear to the court in
the first calling of the cause, after the same shall be at issue as aforesaid,)
render a continuance to the next court necessary, such continuance shall be
at the costs of the party praying the same, as also all extraordinary costs
which such continuance may occasion to the adverse party ; that the clerk
of the court do carefully preserve the declarations, pleas, evidences, and all
other papers relating to any cause in court, and that they be all filed togeth-
er in his office ; that for preventing errors in entering the orders and judg-
ments of the court, the justices, before any adjournment from day to day,
shall cause the minutes of their proceedings to be publickly read by the
clerk, and corrected where necessary, and then the same shall be subscribed
by the justices then present, which minutes, so taken in a book to be kept
for that purpose and subscribed as aforesaid, shall be carefully preserved
among the records ; and no proceedings or judgments of any court shall be
of force or valid, until the same be so read and signed.
XIII. And, for the more speedy recovery of small debts. Be it etiacted.
That the justices of the several counties shall have authority and jurisdic- £)g{j,g ^^f g^,
tion to hear and determine all suits for any debt or demand due by judgment, ceeding £b to
specially, or account for any sum or sums of money, amounting to five
VOL. VIL— 28.
218 STATUTES AT LARGE
A. D. 1785. - Acts relating to Courts.
pounds sterling, or for damage not exceeding live pounds sterling, and not
by "sunrpro. under twenty shillings, by petition in a summary way, without the solemni-
ty of a jury ; and the said justices are hereby authorized to give judgment
and award execution thereon ; and where the demand shall not exceed the
Mode of pro- said last mentioned sum, the plaintiff shall proceed by petition, and not
ceeding. otherwise ; and if any plaintiff shall demand a greater sum by action at
law, and such action shall appear to the court to have been brought on
purpose to evade this Act, he shall be non-suited and pay costs. The method
of proceeding by petition shall be as follows, to wit : — the petition shall
express whether the debt arises by judgment, bond, note, account, detinue,
or trover and conversion, and if otherwise, then by detinue or trover, such
specialty or account shall be filed in the clerk's office, with the petition ;
that upon filing such petition in the clerk's office, a summons of course,
shall be issued under the hand of the clerk, returnable to the next court, a
copy of which, together with a copy of the petition and account, or speci-
alty, shall be delivered to the defendant, or left at his usual and notorious
place of abode , at least ten days before the next succeeding court ; and the
same being returned executed by the sheriff or his deputy, or oath made of
the due service thereof by other indifferent peison, if the defendant doth
not appear, it shall be lawful for the said court to hear and determine the
< said petition upon the evidence produced, or to dismiss the same, as to
equity and justice shall belong; and if the defendant doth appear, he shall
forthwith put in such answer thereunto as will instanter bring the matter
in complaint to issue; or if he fails to answer as aforesaid, the court shall
proceed to hear and determine the case in a summary way upon the evi-
dence produced, according to justice, law and equity, without regard to
form, so as sufficient matter be plainl}' and clearly set forth, whereupon
the court may give judgment according to the right of the cause, in which
case, both plaintiff and defendant shall avail themselves of all matters,
both in the prosecution and defence, and the same rules of evidence, and
all other rules upon trials, shall be observed, as if such cause depended in
any of the courts of law within this State ; and the court shall not admit
of any delay in any suit by petition, unless good cause be shown for such
delay or continuance to another court; provided nevertheless , that nothing
herein contained shall be construed to prohibit actions at common law from
being brought, as if this Act had never been made, where the penalty of
any bond or other specialty shall be more than the sum to which a petition
is herein before limited.
XIV. And he it further enactedhY \\iQ authority aforesaid. That all suits
forfeitures on upon any of the penal laws of this State, where the penalty demanded
penal statutes, shall not exceed five pounds sterling, shall be by petition and summons as
aforesaid, wherein the court shall proceed on the same principles as in peti-
tions for the recovery of debts hereinbefore mentioned, and shall give
judgment according to the right of the case ; any law, usage or custom to
the contrary notwithstanding.
XV. And he it further enacted by the authority aforesaid. That no
process depending in any court shall be discontinued for or by reason of
Courts failing *'^^ justices failing to hold the court upon the day appointed by law, but in
to sit, causes to such case, all suits, process, matters and things depending, shall be made
be continued, to the next succeeding court in course, in the same manner as if such suc-
ceeding court had been the same court to which ^uch process stood continu-
ed, or such returns or appearances should have been made ; and all recog-
nizances, bonds and obligations for appearances, and all returns, shall be of
OF SOUTH CAROLINA. 219
Acts relating to Courts. A. D. 1785.
the same force and validity for the appearance of any person or persons at
such succeeding court, and all summonses for witnesses, as effectual, as if
the succeeding court had been expressly mentioned therein ; and all causes
depending on the docket, and undeterrrined at any adjournment to the
court in course, shall stand continued in the same order, to such court, as
fully as if such causes were called over and continued by order of court.
XVI. And for the better discovering the truth in controversies dspeiid-
ing in the county courts, Be it further enacted by the authority aforesaid. Witnesses, how
That the clerk of every county court shall, upon the request of either ^o be summon-
party, issue one or more subpoena or subpoenas for any person or persons to
attend as witnesses in any cause or matter depending in the county court,
expressing in every subpoena the time and place when the witnesses are
to appear, the names of the parties to the suit or cause wherein they are
to give evidence, and at whose request they are summoned ; and if any
witness shall be an inhabitant of another county, the clerk shall issue a
subposna directed to the sheriff of such county where such witness usually
resides, which shall be by such officer executed, and returned to the office
whence the same issued ; and every person summoned to appear as a wit-
ness at any court, and being an inhabitant of the same county, shall be
paid by the person or persons at whose suit the summons issued, two sliil-
hngs and six pence lawful money, for every day's attendance on such sum-
mons; and all witnesses residng in and summoned out of another county,
shall have the same allowance of two shillings and six pence lawful money,
and also the sum of two pence per mile for coming to court, and the same
for returning, besides ferriages, to be paid by the party summoning such
witness, which said several allowances shall be ordered by the court, upon
motion, and a copy thereof issued and tested by the clerk at any time upon
request ; and if any person summoned as aforesaid shall fail to attend
accordingly, he or she so failing shall be fined by the court for a contempt,
and shall be liable to the action of such party at the common law, for all
damages sustained for want of such witness's testimony ; but if the per-
son sofaihng to attend, shall, at the court to which the summons is returna-
ble, or at the next succeeding court, shew cause, satisfactory to the court,
of his or her disability to attend at the time he or she ought to have ap-
peared, then no fine or forfeiture shall be incurred by such failure ; that
every witness, during the time of his or her coming to and returning
from court, as well as during his attendance, allowing thirty miles per day
for the travelling of such witness, shall be privileged and free from
all arrests or imprisonment, and all process whatsoever served or exe-
cuted on such witness, coming to, attending or returning from such
court, shall be void and of none effect, except criminal process for trea-
son, felony or breach of peace, against which no witness shall be enti-
tled to privilege. That if any person whatsoever, summoned as witness,
upon his or her appearance before the court, or before coiumissioners ap-
pointed to take his or her examination and deposition, shall refuse to give
evidence, on oath, affirmation or otherwise, (as the case may be,) to the
best of his or her knowledge, every person so refusing shall be committed
to the common goal, there to remain without bail or mainprize, until he or
she shall give such evidence. That in any bill of costs, there shall not be
allowed the charge of more than three witnesses to the proof of any one
particular matter of fact.
XVII. And to the intent that erronious proceedings and judgments of the
inferior courts of record of this State may be corrected and amended, Be
it further enacted by the authority aforesaid, That where any person, or
220
STATUTES AT LARGE
A. D. 1785.
Appeals.
Writ of super-
sedeas.
Acts relating to Courts.
bodies politic or corporate, shall at any time be aggrieved by the judgment
or sentence of any county or other inferior court of record of this State,
in any action or suit whatsoever, where the debt or damages or other mat-
ter recovered or determined in such action or suit, exclusive of the costs,
shall exceed ten pounds lawful money, or the value thereof, it shall be
lawful for such party or parties to enter an appeal from such judgment or
sentence, to the circuit court of common pleas, and to assign error, in man-
ner following, that is to say : — upon an appeal in any personal action or suit,
where the judgment or sentence shall not exceed fifty pounds lawful money,
the appellant shall assign error in matter of right only, and if, upon the hear-
ing in the circuit court, such judgment or sentence shall appear to be just,
according to the right of the cause, the same shall be affirmed, notwith-
standing any mispleading in matter of form ; and where the judgment or
sentence in any personal action, information or controversy, shall be of
greater value than fifty pounds lawful money, the appellant may assign
any errors of form or substance; that where the defendant in any personal
or mixed action shall appeal, and upon trial the judgment or sentence is
affirmed, the damages to the appellant shall be seven pounds per centum
upon the principal sum and costs recovered in the county or inferior courts ;
and where the plaintiff appeals and the judgment or sentence shall be affirmed,
the appellant shall pay to the appelle five pounds lawful money, besides all
costs accruing on such appeal ; and that no appeal shall be valid, nor any
writ of supersedeas granted or allowed for reversing any judgment or sen-
tence in any county or other inferior court in any action, suit or controver.
sy whatsoever, where the debt, damage, or other matter recovered, shall be
of less value than ten pounds lawful money ; nor shall any appeal be granted
or writ of error or supersedeas be issued, granted or allowed, until the final
decision of such action or controversy shall be made in the county or other
inferior court ; that where the defendant appeals from the judgment or
sentence of the county or other inferior court, he shall give bond with
good security for prosecuting the appeal with effect, and to pay all costs
and damages awarded to the appellee, if the judgment of the county or
other inferior court shall be affirmed ; and where the plamtiff shall appeal,
then the special bail given by the defendant in the county or other inferior
court, shall stand bound to answer the judgment of the circuit court, or
render in execution the body of his principal ; and such appellant shall
also give bond Avith sufficient security, in the sum of fifteen pounds lawful
money, to prosecute the appeal with effect, which bond shall be made paya-
ble to the appellee, conditioned as aforesaid, and upon failing to appear and
prosecute such appeal, according to the condition, such bond shall be for-
feited and enure to the appellee.
XVIII. And to the end that all writs of supersedeas may be regularly
obtained and issued, Be it further enacted by the authority aforesaid.
That the party praying such writ, shall petition some one judge of the
circuit court of common pleas, and assign error, and some attorney prac-
tising in such court, shall certify under his hand, that in his opinion, suffi-
cient matter of error is set forth or shewn by the petitioner, and thereup-
on, such judge may order such writ to be issued by the clerk of the court
of common pleas, or may reject the petition, if such judge shall think fit;
and upon granting any such writ, and before issuing thereof by the clerk,
such petitioner shall give bond and security in the clerk's office, which bond
shall be under the fike penalties and conditions, and the parties subject to
payment of the like damages and costs, as in cases of appeal ; and if upon
OF SOUTH CAROLINA. 221
Acts relating to Courts. A.D. 1785.
trial of any appeal or supersedeas , the judgment or sentence of any coun-
ty court, or other inferior court, shall be reversed, the circuit court shall
enter such judgment thereupon as should have been entered or made in
the court below ; Provided ahoays, that ten days notice be given to the
adverse party, of an application for the writ of supersedeas.
XIX. And for settling a method of obtaining writs of certioj-ari, to re- .
move civil causes from the county or other inferior courts into the circuit ^g„-^
court. Be it further enacted by the authority aforesaid. That the party
desiring a writ of certiorari, shall apply by petition to one of the judges of
the circuit court, setting forth the reasons of his or her desiring such writ,
and shall make oath before a magistrate to the truth of the allegations of
such petition, and then such judge may, under his hand, order or award
such writ to the party praying the same, or may refuse such writ, accord-
ing as the matter shall appear to him just and necessary, or not; and the
clerk of the circuit court shall issue such writ, if ordered as aforesaid, and
shall carefully file such petition and affidavit in the office, and shall also
take bond from the petitioner in such penalty as shall be directed by the
judge ordering and awarding such writ, payable to the adverse party, with
one or more sufficient surities, for satisfying and paying all such sum or
sums of money, with costs, as shall be adjudged to the adverse party in
the case to be removed ; and that no writ of certiorari whatsoever shall be
granted where the matter in dispute shall not be originally cognizable in
the circuit court ; and when any cause be removed by any such writ, and
after the same cause shall be remanded by a writ of procedendo , such
cause shall never afterwards be removed or stayed before judgment in the
inferior court, by any writ whatsoever to be sued forth from the circuit
court ; and to prevent the obtaining any writ of certiorari by surprize, the
party praying such writ in any civil cause, shall give notice to the adverse
party, of the time and place of his moving for such writ, at least ten days
before such motion, and no such writ shall at any time be granted without
producing an affidavit of such notice.
XX. And he it further enacted by the authority aforesaid. That where
any person shall be committed, in any civil action, to the prison of any ^*||j'®^^^\,g°|^"^
county or other inferior court, for any cause or matter cognizable in the
circuit court, it shall and may be lawful for such person to sue out a writ
of habeas corpus cum causa., to remove the body of such person to the
public gaol of the circuit court ; and the cause of such commitment shall be
certified to the circuit court by the sheriff of the county where such per-
son shall be imprisoned ; and the clerk of the circuit court is hereby autho-
rized and required, upon application of any such person, to issue such writ
accordingly.
XXI. And he it further enacted by the authority aforesaid. That all
errors of form in any of the proceedings carried on in the county courts, or Pu"'^f^r*^'
brought up to the circuit courts by appeal, supersedeas or certiorari, where amended,
such error shall evidently appear to be a clerical mistake or inattention , and
not the effect of design or ill judgment, the same shall be amended instanter,
upon motion, without costs.
XXII. And he it further enacted by the authority aforesaid. That the
clerks of the several county courts within this State, shall be appointed by ^'ej'ks, how to
a majority of the justices of the said county courts, respectively, and shall &c?''^°'" ^ '
hold their offices during good behaviour, and moreover, shall enter into
bond, with three good and sufficient surities, in the sum of one thousand
pounds lawful money, for the well and faithful discharge of their duty,
222
STATUTES AT LARGE
A. U.J 785.
Acts relating to Courts.
Cferk's fees.
which bond shall be made payable to the treasurers of the State for the
time being, and shall be recorded in the county court where such clerk
shall be appointed to act, and shall be deposited in the treasury ; and in
case any clerk of any county court shall be guilty of such malpractice in
the execution of his trust as shall render his continuance in office injuri-
ous to the community, the justices of the said county courts, respectively,
are hereby authorized to remove such clerk for such malpractice ; and such
clerk, with his surities, shall be liable to all damages sustained by any
person or persons, in consequence of any malpractices committed by such
clerk ; provided, that no person shall be eligible to the said office, unless
he shall have resided in the State one year immediately preceding his elec-
tion to the said office.
XXIII. And be it furilier enacted by the authority aforesaid. That the
Clerks to pro- clerks of the several county courts shall provide and keep, at their own
bookr^'&c expense, all necessary record books for the proceedings of the county
courts, and shall make a fair record of such proceedings, together with all
such other papers appointed by law to be by them recorded ; and the justi-
ces presiding in the several county courts shall annually appoint two fit
persons of their number to inspect the clerk's office of their county, and
to report to the next court the condition in which they find the papers and
records.
XXIV. And he it further enacted, by the authority aforesaid , That the
said clerks of the county courts shall be intitled to take and receive the
several fees herein to be allowed them by the table of fees for the several
services therein mentioned to be by them done and performed, and no
more ; and if any clerk shall presume to take or receive any greater or
other fees than are allowed by the said table of fees, he shall forfeit and
pay four times the amount of such illegal and extorted fees, one moiety
thereof to the justices of the county court wherein he shall act, for the
use of such county, the other to 'such person who shall be aggrieved ;
which said suit shall be by motion in the county court, such clerk having
ten days previous notice given him ; which court is hereby authorized to
hear and determine such motion, and, upon conviction, to award judgment
and execution for the penalty without delay.
XXV. And he it further enacted by the authority aforesaid. That the
How they are clerks of the several county courts shall keep a fee book, and charge there-
to be collected, jjj^ ^^ ^j^g several suitors and others transacting business in the said county
courts, the several fees allowed by law, and shall, in the first week, or
seven days, of the months January and July, deliver to the sheriff" of the
county, fair and correct accounts of such fees, wrote in a plain hand, with
the several charges, (except the amount of the several sums, which may
be made in numerical figures,) in words at full length, against the several
persons owing such fees ; and such sheriff" is hereby authorized and direct,
ed to collect such fees within three months thereafter, and pay the same
to such clerk ; and if any person shall delay or refuse to pay such fees to
the sheriff when demanded, such sheriff shall have full power to levy the
same, by distress upon the goods and chattels of such person, and shall
sell the same, giving ten days public notice of such sale, for ready cash ;
and no replevin or other obstruction to such sale shall be allowed or admit-
ted ; and such sheriff shall be allowed the sum of five per centum for com-
missions on such collection.
XXVI. And he it further e»<2C<c<i by the authority aforesaid, That any
county court clerk shall have full power and authority to appoint a deputy
OF SOUTH CAROLINA. 223
Acts relating to Courts. A. D. 178.'5.
to transact or perform the business of his said office, in his absence or
indisposition, and shall be answerable for the conduct of such deputy, j,^(j^'^jYJ'j^'
which deputy shall take the same oath as is prescribed to be taken by the
clerk, in open court, previous to his acting under such deputation ; and all
such clerks or deputy clerks, shall, in open court, at the time of their en-
tering upon the execution of their respective offices, produce the commis-
sion of their appointment, which shall be recorded, and shall take the
following oath, that is to say :
The Oath of a County Clei-Jc, or Ids Deputy.
"I, A B, do solemnly promise and swear, (or affirm, as the case may
be,) that I will well and faithfully do and perform the several duties enjoin-*^"*'' of Clerk,
ed me by law, as clerk, or deputy clerk, of the county court of C, accord-
ing to the best of my knowledge and ability ; that I will make and keep
a true and perfect entry and record of all orders and proceedings of the
said court, without fraud or deceit ; and that I will not take or receive any
greater or other fees than such as are allowed by law. So help me God."
XXVII. And for the better regulation of the office of sheriff in the Sheriff, how to
several counties of this State, Be it enacted by the authority aforesaid, '^®'^PP"'"'^'^*
That the justices presiding in the several counties, shall, on the court of
every county which shall be first held, elect a sheriff for the county, and
the clerk shall enter and record such election, and give a certified copy
thereof to the person elected, who shall be commissioned by the Governor
or Commander-in-chief for the time being, and shall hold his office upon
the same terms and conditions as the sheriffs appointed for the several
districts in this State : And every such sheriff, previous to his entering
into office, shall give bond, at the first court held for the county after his
appointment, with two good and sufficient surities, in the sum of one
thousand five hundred pounds lawful money, for the faithful discharge of
his trust, which bond the said justices are hereby impowered to take, pay-
able to the treasurers of this State for the time being, conditioned as
aforesaid, which bond shall be transmitted to the said treasurers; and on
such sheriff's producing his commission in open court of the county for
which he is appointed sheriff, he shall thereupon be admitted, and required
to take the oaths of allegiance, together with the oath of office hereinafter
mentioned ; which said commission and qualification as aforesaid shall be
entered and recorded in the said county court ; and if any person shall
take upon himself to act in the said office of sheriff, without being duly
qualified as this law directs, he shall forfeit and pay the sum of two hun-
dred pounds lawful money, to be recovered by any informer who shall sue
for the same, and shall forever be disabled from holding any place of trust
within this State.
XXVIII. And he it further enacted by the authority aforesaid , That any
sher"ff of a county shall and may have full power and authority to appoint Under sheriff;
an under-sheriff, with the approbation of the justices, for whose conduct ^'^^ *^^P"'y*
in office he shall, nevertheless, be responsible; and such under-sheriff,
during the sickness or other necessary absence of the sheriff, shall have
equal power and authority, and be subject to the same coercive jurisdiction
of the court, as if he was sheriff of the same ; and such sheriff" shall also
have full power to appoint one or more deputy or deputies, with the appro-
bation of the court, to assist in executing process, making collections, or
other services, for whose conduct in office he shall be responsible ; and
such sheriff, under-sheriff, and deputy, shall, in open court, before either
of them shall act as sheriff, take the following oath, to wit:
224 STATUTES AT LARGE
A. D. 1785. jlcts relating to Courts.
Oath of Sheriff.
"I, A B, do solemnly promise and swear, (or affirm, as the case may
Oath f sheriff '^^') ^'^''^^ ^ ^^^^^ ^^*^^^^ ^"*^ faithfully serve the State of South Carolina in
the office of sheriff, under-sheriff, or deputy, of the county of C, accord-
ing to the best of my skill and ability ; that I will do equal right to all
persons, high an<l low, rich and poor, without malice, favour or affection ;
that I will well and truly execute all process to me directed, according to
law, and that I will not take or receive any other or greater fees than is
allowed by law. So help me God."
XXIX. And he it further enacted by the authority aforesaid, That if
Shrriff dying any sheriff appointed as aforesaid shall happen to die in the time of his
or removing. shg,-itfalty,or shall remove in order to reside out of the county where such
sheriff shall be appointed, the county court, at the first meeting thereafter,
may and shall appoint some other fit and proper person to be sheriff in his
room ; and until such appointment shall be made, the coroner shall exer-
cise the office of sheriff, in as full and ample manner as such sheriff might
or could do.
XXX. And he it further enacted by the authority aforesaid, That if any
Penalty for re- person hereafter elected sheriff, in pursuance of this Act, shall refuse to
fusing to serve. g^j,ggpj. ^^^ execute such coinmission, or fail to qualify himself as this Act
directs, he shall forfeit and pay twenty-five pounds sterling to the justices
of the court by whom such person shall be nominated, for the use of their
county, except the person refusing shall declare, upon oath, in his county
court, that he hath used his best endeavors, truly and bona fide, without
covin or collusion, to get security for the performance of the said office,
and that he cannot obtain such security, which oath the justices are direc-
ted to administer, and cause to be recorded, and thereupon, such person
shall not be liable to any forfeiture for his refusal as aforesaid ; and no
person who hath once served as sheriff, or paid his fine, shall be liable to
any further forfeiture.
XXXI. And he it further enacted by the authority aforesaid, That every
sheriff himself, or by his under-sheriff or deputies, shall from time to time
sheHff ° execute all writs and other process to him legally issued and directed with-
in his county, or on any bay, river or creek adjoining thereto, and shall
make due return thereof, under the penilty of forfeiting the sum of five
pounds lawful money, for every failure, one moiety thereof to the justices
of the court, for the use of their county, the other moiety to him or her
who shall inform and sue for the saine, and shall moreover be liable to the
party aggrieved, by action at the common law, for damages ; and for any
false return made by the sheriff, his under-sheriff, or deputies, such person
so making such false return shall be dismissed from his office by the justi-
ces, and shall moreover forfeit the sum of ten pounds lawful money, to be
recovered and divided as above mentioned, and be liable in damages to the
party aggrieved by such return ; and no sherift", or his officers, shall return
on any writ or process to him directed, that the defendant is not to be
found within his county, unless such sheriff or other officer shall have
actually been at the dwelling house or usual place of abode of the person
against whom such writ or process may be, and not finding him, shall
there have left an attested copy of the same writ or process, which said
copy left shall be sufficient to ground the proceedings against such defen-
dant, where bail is not required by the plaintiff; and where the defendant
shall be a known inhabitant of another county, the sheriff shall return the
truth of the case , upon which return the writ or process shall be dismissed ;
OF SOUTH CAROLINA. 225
Acls relating to Courts. ^•^- ^^^^•
•provided always, that it shall not be lawful for any sheriff or other ofliicer
to execute any writ or other process on the Sabbath day, nor upon any
person attending his duty at any muster of the miUtia, or any election of
member or members to serve in the General Assembly ; and all process so
executed, shall be void, unless the same shall be issued against any person
or persons, for treason, sedition, felony, riot, or breach of the peace, on
behalf of the State, or upon any escape out of prison or custody ; and such
process shall and may be executed at any other time or place.
XXXII. And he it farther enacted by the authority aforesaid, That if
any person or persons shall be indebted for taxes, levies, clerk's or sheriff's Distress, and
fees, or other monies, for the collecting of which the goods and chattels of '"®''^°"^"' ^^^®*
the debtor are by law liable to distress, and such monies not be paid
when the same shall be due and payable, it shall be lawful for the sheriff
or his officers to distrain any of the personal property of the debtor ; and
if the owner thereof shall not, within six days after such distress made,
pay the monies lawfully due and owing, such sheriff or his officers may
lawfully sell by auction, all, or so much of the personal estates distrained,
as shall be sufficient to satisfy the said fees, or other legal demands of the
sherifi'; but shall give public notice, in writing, posted up at the door of
the court house of the county where such distress shall be made, which
sale shall not be in less than five or more than ten days after notice so
given, and shall thereon be good and effectual m\i\.\\ \ provided always^
that no sherifl' or other officer shall, at any time, in collecting taxes, levies
or officer's fees, make any unreasonable seizures or distresses, or distrain
any slave, if other sufficient distress can be found, upon penalty of being
liable to the party aggrieved, for his damages.
XXXIII. And he it further enacted hy W\q authority aforesaid. That no
judgment shall be entered against any sheriff or other officer, in any suit Judgment
brought on the escape of any debtor or prisoner in his or their custody, ^^'^'"'^'^ shenft
unless the jury who shall try the issue shall expressly find that such debtor &c.
or prisoner did escape with the consent or through the negligence of such
sherifl^ or his officer, or that such prisoner might have been re-taken, but
that immediate pursuit was neglected.
XXXIV. And, for the more effectual re-taking and securing persons
who escape out of prison. Be it enacted by the authority aforesaid, That if Proceedings on
any person committed or charged in custody in execution, mesne process, *'®'^''P^ ^^ P"'
or warrant of commitment, to any county prison, shall thence escape, it
shall and may be lawful for any justice of the peace of the county where
such prisoner was confined, upon oath of such escape before him made, by
the sheriff or his officers, or by the goaler of such prison, to grant to them,
or any one of them, one or more warrant or warrants, under his hand, to
all sheriffs and constables within the State, reciting the cause of such pri-
soner's commitment, and time of escape, as aforesaid, and commanding
them, and every of them, in their respective counties, cities and towns, to
seize and re-take such prisoner going at large, and being so re-taken, forth-
with to convey and commit to the prison where prisoners are usually kept
in the county where such re-taking shall be, there to be kept in safe custo-
dy until he or she can be safely removed to the county where such prisoner
had, at the time of escaping, as aforesaid, been imprisoned ; and the sheriff
or other officer so retaking such prisoner shall, and is hereby required to,
convey, as soon as possible, the prisoner so re-taken, to the goal of the
county whence such person had escaped, unless the justices where such
prisoner shall be re-taken, shall order his further detention ; and where any
VOL. VII.— 29.
226 STATUTES AT LARGE
A.D. 1786. Acts relating to Courts.
Sherifl' may
person or persons accused of treason, or sedition, felony, or other capital
I'Tipres* a offence, shall be committed to any goal, and the sheriff or his under-sheriff
guard. shall have cause to suspect such person may be rescued, will attempt, and
will probably effect, his escape, such sheriff shall and may impress a suffi-
cient guard for securing such prisoner so long as such prisoner or prisoners
continue in goal, at the charge of, and to be levied on, the said county,
to be re-paid by the public ; and all persons summoned on impress, as
aforesaid, who shall refuse or neglect to obey such sheriff, in keeping
guard, as aforesaid, every such person, without giving lawful excuse to
the satisfaction of the justices, at the succeeding court, shall forfeit and
pay two pounds, lawful money, for every twenty-four hours such person
shall refuse or neglect to keep guard, as aforesaid, and shall, moreover, be
imprisoned by the said court, for his contempt of lawful authority, for any
time not exceeding two months ; the fine, upon trial and conviction, to be
paid to the order of the said county court, for the use of their county.
And where taxes, county levies, or officers' fees, shall remain uncollected
upon the death or removal of any sherifl', his successor shall have the pow-
er to collect, distrain for, receive and pay the same, as the sheriff into whose
hands they were originally put, might or could do; and such succeeding
Succeeding sheriff shall forthwith take possession of all books and papers belonging to
nish the col- the office of such deceased or removed sheriff, except such books as contain
lections of his the fees and debts due to such sheriff, or his own private property, which
predecessor. g|^^]j j.gj^-,jj^jj^ subject to his own disposal ; and every sheriff" shall have and
retain for all public debts and demands, or officer's fees, by him collected,
an allowance of five pounds per centum for his commission therein ; and
where any person hath been retained in prison for the space of twenty days,
the sheriff of the county shall have a right to security, if required, from
the person, or his attorney, at whose instance such person shall be impri-
soned, for the maintenance of such prisoner; and if such person, or his
attorney, shall refuse to give such security, where personally demanded by
the sheriff, his under-sheriff or deputy, such prisoner may be discharged.
And wherever the sheriff shall have collected any monies due to the pub-
Defaulting she- li^^ by taxes, fines, forfeitures, or any fees due to officers of the courts of
ceeded agains't! j^^tice, or any monies levied by the execution of judgments of any of the
said courts, and shall neglect or refuse to pay the same to the respective
persons authorized and entitled to receive the same, such sheriff and his
securities maybe proceeded against, by motion, either in the circuit court
or county court, (having jurisdiction,) by the party aggrieved, giving such
sheriff" ten days previous notice, in writing; and if judgment shall be
given against such sheriff upon trial, an execution for the same, with costs,
shall issue against either his body or effects, and those of his securities ;
and if any such arrears shall be due on the death or removal from office of
anv such sheriff, his executors, administrators and securities, and their ex-
ecutors, administrators and securities, shall be proceeded against in the
same manner, and have the same benefit of defence and refief, as if such
sheriff was personally present.
XXXV. And lohcreas, it is just and necessary that all persons recovering
Execution, an)' debt, damages or costs, by judgment of any county or other mferior
how to be sued court, shall have speedy satisfaction therein ; Be it therefore enacted by the
""'■ authority aforesaid. That all persons obtaining judgment in any court, for
anv debt, damage or costs, such persons may, at their option, sue forth
writs Qi{ fieri facias or capias ■a.d satisfaciendum^ within twelve months from
the time of obtaining such judgments, against the lands, goods and chattels
OF SOUTH CAROLINA. 227
Acts relating to Courts. A. D. 1785.
\>r body of the defendant ; and all such writs shall be issued by the clerk of
the county court, and shall bear test and be signed by him, or his lawful
deputy, in his name, and shall be returnable to the next succeeding court ;
provided there be always thirty days between the test and return of each
and every such writ or writs of execution. But if the plaintiff in any
county court, or other inferior court, shall desire an execution to issue,
returnable to a future day, the 'clerk shall issue the same accordingly, so
as the day of such return be upon a court day, within ninety days next
after the test thereof; and the forms of such writs shall be as follows, mu-
tatis mutandis^ to wit :
A Fieri Facias in Debt.
State of South Carolina,
M county, to wit : To the sheriff of N county, greeting :
We command you, that of the goods and chattels, lands and tenements, of
A B, late in your county, you cause to be made the sum of , which Forms of exe-
C D, lately in our county court of M , hath recovered against him*^"''""'
for debt; also, the sum of , which to the said C D, in the same
court, was adjudged for his damages, as well by reason of detaining the
said debt, as for his costs in that suit expended, whereof he is convicted,
as appears to us of record ; and that you have the said several sums of
money before the justices of our said court, the day of , to
render to the said C D the debt and damages aforesaid ; and have then there
this writ. Witness, E F, clerk of our said county court, the day of
, in the year of our Lord one thousand seven hundred and .
and of the independence of the United States of North America, the
E F, clerk oj the court.
The sa7ne in case on Profnises and, Assumptions :
As before, to , for his damages which he sustained, as well
by reason of his not performing certain promises and assumptions to the said
C D, by the said A B lately made, as for his costs by him about his suit in
this behalf expended, &c.
In Trespass.
As before, to , for damages, as well by occasion of a certain
trespass (or trespasses,) to the said C D, by the said A B, committed and
done, as for his costs by him about his suit in this behalf expended, &c.
Jf on Judgment for defendant, say,
For his costs about his defence in a certain action brought against the
said C D, by the said A B.
In Covenant :
As before, to , for his damages and so forth, by occasion of
the breach of a certain covenant between the said A B and the said C D,
lately made, &c.
A Capias ad Satisjaciendum in Debt :
As before, to , greeting : We command you, that you take
the body of C D, late of your county, if he be found therein, and him safely
keep, so that you have his body before the justices of our county court of
M- , on the day of , to satisfy A B, the sum of ,
which the said A B, in our said court, hath recovered against him for debt ;
also, which to the said A B, at the same time, was adjudged, &c.,
,as mjieri facias.
STATUTES AT LARGE
Acts relating to Courts.
Trespass on the Case :
In trespass, detinue, trover, assault and battery, in the terms of the judg-
ment as in ihejieri facias preceding.
Which said writs, so issued, shall be executed by the sheriff or other
officer to whom the same shall be directed, and shall be returned on the
back thereof, according to the several forms hereafter following, to wit :
Return of Fieri Facias :
By virtue of this writ, to me directed, I have caused to be made the
Forma of re- within mentioned sum of , of the lands and tenements, or goods and
turn. chattels, (as the case may be,) of the within named AB; which said
sum of , before the justices within mentioned, at the day and place
within contained, as by this writ I am commanded.
P T, sheriff of M .
Or,
The within named A B, hath not any lands, tenements, goods or chat-
tels, within my county, whereof I can make the debt and damages within
mentioned :
Or,
By virtue, &c., I have caused to be made of the lands, tenements, goods
and chattels, of the within named A B, the sum of , which I have
ready to render to the within named C D, in part of the debt and damages
within mentioned ; and I do further certify that the said A B hath no more
lands, tenements, goods or chattels, within my county, whereof lean at
present make the residue of the said debt and damages, as by the said writ
I am required, &c.
Return of Cajnas ad Satisfaciendum,
By virtue of this writ, to me directed, I have taken the within named
A B, whose body before the justices within named, at the day and place
within contained , I have ready to satisfy C D his debt and damages within
mentioned, as within I am commanded.
Or,
The within named A B, is not found within my county, &;c.
XXXVI. And in case any person shall obstinately choose to live and die
In case a debt- i" prison, rather than to make due satisfaction to his creditors. Be it enac-
or die in prison. ^e(Z by the authority aforesaid, That the party or parties at whose suit or
to whom any person shall stand charged in execution for any debt or da-
mages recovered, his or their executors or administrators, may, after the
death of the person so dying in execution, lawfully sue forth and have new
execution against the lands and tenements, goods and chattels, or any of
them, of the person so deceased.
XXXVII. And for the better direction of clerks in the issuing executions,
Beit further enact ed,hy i\ve authority aforesaid, That when any writ of
A second exe. execution shall issue, and the party at whose suit the same is issued shall
cution may is- afterwards desire to takeout another writ of execution, the clerks may
first was not issue the same, if the first be not returned executed ; and wheve, upon a
executed, &c. capias ad satis faciendtwi, the sheriff shall return that the defendant is not
to be found, the clerk may issue a. feri facias ; and if upon a. fieri facias,
the sheriff shall return that the party hath no goods, or that only part of
the debt is levied, in such case it shall be lawful to issue a capias ad satis-
faciendum, upon the same judgment; and where one judgment shall be oh-
OF SOUTH CAROLINA.
Acts relating to Courts.
tained against several defendants, execution therein shall issue as if it were
against one defendant, and not otherwise.
And no writ oi Jieri facias, or other writ of execution, shall bind the
property of the estate, real and personal, against which such writ is sued p. • . .
forth, but from the time that such writ shall be delivered to the sheriff or when 'tTm'ke
other officer, to be executed ; and such sheriff or other officer shall, upon the *^'^ect.
receipt of such writ, endorse upon the back of the same the day of the
month and year when he received the same ; and if two or more such writs
shall be delivered against the same person, that which was first delivered
shall be first satisfied.
And when any sheriff or other officer shall take the lands, tenements,
goods and chattels, of any person whatsoever, by virtue of any writ o^ fieri Property taken
facias, und the owner of such lands, tenements, goods and chattels, shall in execution,
not, within five days after such taking, satisfy the party sueing out such ^°""° "^^ ^°''^-
writ, his debt, damages and costs, such sheriff or ofiicer shall and may
sell, by auction, the lands, tenements, goods and chattels so taken, or so
much thereof as shall be sufficient to satisfy the judgment, tor the best
price that can be got for the same, but shall give public notice of the
time and place of such sale, by advertisement, at the door of the court
house of such county, at least ten days previous to such sale, and not
more than fifteen ; and where any lands or tenements shall be taken
in execution, notice shall be given by advertisement, in the same man-
ner, describing, as correctly as possible, the quantity, quality and improve-
ments of such lands, at least tv/enty-five days from the levying the execu-
tion thereon, and not more than thirty before the sale of such lands shall
be made ; and all purchases of lands and tenements, or goods and chat-
tels, and conveyance or delivery of the same to such purchaser, shall pass
a good and valid right, an estate in fee simple, to the same purchaser, his
heirs and assigns forever : Provided always, that if the owner of any
lands, tenements, goods and chattels, shall give sufficient bond and securi-
ty to such sheriff or other officer, to have the same lands, tenements, goods
and chattels forthcoming at the time appointed for selhng the same, it shall
be lawful for the sheriff or other officer to accept such bond and security,
and to suffer the said lands, tenements, goods and chattels to remain in the
possession and at the risque of such debtor, until the time aforesaid, when
such lands, tenements, goods and chattels shall be sold, as aforesaid, 'unless
the monies for which the same were seized shall be previously paid.
And no lands or tenements, or slaves, shall be taken in execution or dis-
trained for taxes, levies or officers's fees, where other goods and chattels are Lands and
shewn by the defendant or debtor to the sheriff or other officer, sufficient io^l^^'f ^^^""V^,
satisfy the demands of such sheriff or other officer. And if the goods ta- ly'is shewnr''
ken by any sheriff or other officer, or any part thereof, shall remain in his
hands for want of buyers, he shall make return accordingly, and thereupon
the writ of venditioni exponas shall issue to such sheriff, directed in the
following form, (to wit :)
State op South Carolina,
M county, to wit, dtc< greeting : we command you that you ex-
pose to sale those goods and chattels, lands and tenements, of A B to the
value of -, which, according- to our command, you have taken ir^^^^I ^:Z.
your hands, and which you detain for want of buyers, as you have returned
to our justices of our county court of , to satisfy C D, the sum of
, whereof in our said court he hath recovered judgment and execu-
tion against the said A B ; >and that you have the said monies, &c., as in
eri facias for debt. ,
230
STATUTES AT LARGE
A. I). 1785.
Acts relating to Courts.
Insolvent
debtors.
XXXVIII. And be it fitrther enacted by the authority aforesaid, That
issue'^Hto"any wh^''"*^ judgment shall be obtained in any county court for any debt or dama-
county whern ges, and the person against whom such judgment shall be obtained shall
debtor niiiy re- remove with his or her effects, or shall reside out of the limits of the juris-
diction of such court, it shall be lawful for the clerk of the court where
such judgment was given, at the request of the plaintiff or defendant ob-
taining such judgment, to issue the writ oi fieri facias or capias ad satis-
Jaciendum, in the form and under the test hereinbefore prescribed, directed
to the sheriff of any county within the State, wherein the defendant or
debtor, or his lands, tenements, goods and chattels, shall be found; which
said sheriff, or his lawful officer, is hereby empowered to serve and execute
the same, and shall make return thereof to the court where the judgment
was given, in the same manner as the executions served and returnable
within the county are directed.
XXXIX. And, for the relief of insolvent debtors who shall be taken in
execution, and to prevent the long imprisonment of unfortunate people, to
the injury rather than advantage of creditors, Be it enacted by the authority
aforesaid, That if any person or persons shall be taken or charged in execu-
tion, and remain in goal for the space of twenty days, shall, at the first
court thereafter happening, on his or her petition to the said court to be
admitted to the benefit of this Act, be brought into court, by order thereof
to the sheriff or goaler in whose custody such person shall be ; and such
sheriff shall also, at, the same time, deliver into the hands of the clerk of
the said court, a list of the several executions with which he or she stands
charged in goal ; and upon such insolvent debtor's so appearing, and having
given to tlie person or his attorney ten days previous notice of his design
to deliver his estate and become insolvent, he or she shall be admitted in
open court to subscribe and deliver in a schedule of the whole estate, and
shall make oath in the following words, to wit:
I, A B, do solemnly promise and swear, (or affirm, as the case may
be,) in the presence of Almighty God, that the schedule noAv delivered,
and by me subscribed, doth contain, to the best of my knowledge, a full,
just and true account and discovery of all the real and personal estate
unto me any ways belonging, and such debts as are to me owing, or to any
person in trust for me, and of all securities and contracts whereby any mo-
ney may hereafter become payable to me ; and that I have not, nor hath any
other person in trust for me, any land, money, stock or other estate, real or
personal, in possession, reversion or remainder ; and that I have not, either
directly or indirectly, sold, lessened, or otherwise disposed of in trust, or
concealed, all or any part of my lands, money, goods, stock, debts, securi-
ties, contracts, or other estate, whereby to secure the same, to receive or
expect any profit or advantage thereof, or to defraud or deceive any credi-
tor or creditors to whom I am indebted, in any wise whatsoever. So help
me God.
Which said schedule, so subscribed or acknowledged in presence of the
justices, in open court, shall remain with [the] clerk of the said court, for
Goods to be the instruction and information of the creditors of such insolvent debtor ;
rlf- ^^ona's^^' ^"^ ^ venditioni exponas shall issue for the sale of such lands or efiects,
lomexTpanas. ^^^^^<^^^ ^^ ^j^^ sheriff of the county or counties wherein such schedule
shall be lodged, or lands or other effects can be found, who shall thereupon
act as in cases ol fieri facias, where there has been seizure and sale ; and
such other order shall be made by the court, concerning the debts, con-
tracts or securities of such insolvent debtor, in the discretion of the said
Oath.
OF SOUTH CAROLINA. 231
Acts relating to Courts. A. D. 1785.
court, so as to entitle the plaintiff or creditor to the full benefit thereof.
And that after delivering in such schedule, and taking such oath, as
aforesaid, it shall be lawful for the justices of the said courts, by their order,
to command the sheriff" or goaler forthwith to set at liberty such prisoner ;
which order shall indemnify such sheriff* or goaler for such discharge.
And if any person admitted to the benefit of this Act shall be convicted
of having concealed his estate and his effects, or rendered a false schedule f ^'"^''"/^"/ (""^
thereof, with intent to defraud his creditors, every such person, upon con-
viction, shall suffer as in cases of wilful and corrupt perjury.
And where any person shall be taken in execution, or other process, and
fpom inability to pay the debt and damages, or find bail, in any civil action, plaintiff liable
if committed to goal, and such person hath no lands, tenements, goods or'"'" support of
chattels, whereby his maintenance in goal can be defrayed, the plaintiff, ^'^^'°' '"&**''•
or person at whose instance such person shall be imprisoned, shall pay and
satisfy the same : and if such person, or his attorney, shall refuse, on notice
given as is hereinbefore directed, to pay or give security to pay the same
when demanded, such prisoner shall be freed and discharged from his con-
finement.
XL, And, for the relief of the citizens of this State against causeless and
vexatious suits, and for the better enabling them to recover their just rights. Assault and
Beit further enacted by the authority aforesaid. That in all actions of assault ^'^"'^''y*
and battery, and slander, commenced and prosecuted in the county court,
if the jury find under two pounds, lawful money, the plaintiff shall not re-
cover his costs.
And in all actions of trespass vi et armis^ (unless the court shall be
of opinion, and shall order such opinion to be entered in record, that Trespass vt et
such trespass was wilful and malicious,) if the jury find under forty «'''«««•
shillings, the plaintiff shall not recover more costs than damages, and if
more costs are awarded or taxed against the defendant, the judgment shall
be void ; and in case more costs should be levied upon him, as to such costs
the court shall grant redress, upon motion for that purpose.
And where several persons shall be made defendants in any action
of trespass vi et armis^ assault and battery, slander, or false imprisonment, j^j ^^^^ r
and, upon trial thereof, any one or more of them shall be acquitted by ver- raldelendants.
diet, every defendant so acquitted shall have and recover his or their
costs of suit, in like manner as if a verdict had been given against the plain-
tiff or plaintiffs generally, in favor of all the defendants; unless the court, at
the time of trying such action, shall be of opinion there was reasonable
cause for making such person or persons defendant or defendants thereto,
and shall so order ; and in all cases where judgment shall be given for the
defendant, he shall recover his costs against the plaintiff", and -have execu-
tion for the same.
XLL And be it further enacted by the authority aforesaid, That in all
actions brought in the county courts where the plaintiff shall die after an i„ case of death
interlocutory judgment, and before final judgment obtained therein, such of party pend-
action shall not abate, if the same might be originally prosecuted or main- '"^ ®"'^"
tained by the executors or administrators of such plaintiff; and if the de-
fendant shall die after such interlocutory and before final judgment, such
action shall not abate, if the same were originally maintainable against the
execxitors or administrators of such defendant, but the plaintiff, (or if he
be dead after such interlocutory judgment, his executors and administrators,)
shall and may have a *aVz\/«c205 against the defendant, if living, after
such interlocutory judgment, (or if he died after, against his executors or
232 STATUTES AT LARGE
A. D. 1785. Acts relating to Courts.
administrators,) to shew cause why damages in such action should not be
assessed and recovered by the plaintitf or plaintiffs ; and if such defendant,
or his executors or administrators, shall appear at the return of such writ,
and not shew or alledge a sufficient cause to arrest the final judgment, or
being returned executed, or upon two writs of scire facias it be returned that
the defendant, or his executors or administrators, had nothing whereby to
be summoned, or could not be found in the county, shall make a default, a
writ of enquiry of damages shall thereupon be awarded, which being exe-
cuted, judgment final shall be given for the said plaintiff, his executors or
administrators, prosecuting such writ of scw-e/acms against such defendant,
his executors or administrators; and if there be two or more plaintiffs «»r
defendants, and one or more of them should die, if the cause of action
should survive to the surviving plaintiff or plaintifts, or against the survi-
ving defendant or defendants, the action shall proceed ; and in all actions
in any of the courts in this State , if either party shall die between verdict
and judgment, there shall be no abatement of such action, but the same
shall proceed as if both parties were living.
XLII. And he it further enacted by the authority aforesaid, That all
Power of attor- powers of attorney for confessing or suffering judgment to pass by default,
ney forconf<;as- qj. otherwise, and all general releases of error, made or to be made, by any
fcc."*" S"*^"*' person or persons whatsoever, within this State, before action brought, shall
be, and are hereby declared to be, absolutely null and void ; and if any
attorney shall appear to confess judgment for any defendant in any
court of record within this State, in consequence thereof, such attorney,
for every such offence, shall forfeit and pay the sum of ten pounds, lawful
money, to be recovered by any person who will inform and sue for the same,
and shall, moreover, be liable to an action for damages, at the suit of the
party aggrieved.
XLIII. And be it further enacted by the authority aforesaid, That when
Plaintift' out of any process shall be sued forth and prosecuted in any count}^ court, or be-
'^ve se*^^^ t ^° ^^''^ any justice of the peace, by virtue of any letter or warrant of attor-
for costs. ney, or letter or warrant of substitution, from any person or persons residing
out of this State, against any person or persons inhabiting here, the person
suing forth such process, or prosecuting such suit, at his first appearance,
or any time thereafter when required, shall, upon motion, be ruled to give
sufficient security to the defendant for all costs accruing in such action or
other suit, before a magistrate ; and if such attorney shall fail to give such
security, being thereunto required, the suit shall be dismissed, and the de-
fendant shall have judgment, and may sue forth execution against such at-
torney for such costs.
XLIV. And he it further enacted by the authority aforesaid, That all
Notes of hand judgments, bonds, bills, promisory notes, or other writing, with or without
&c, to be spe-seal, where the debt or demand is liquidated, and signed with the hand of
cialty. jjjg debtor, such writing shall constitute specialty for such debt, and all suits
to be commenced thereon in the county courts shall be by action of debt ;
anv law, custom or usage to the contrary notwithstanding.
XLV. And lohereas^ it is necessary to settle the mode of proving and
Deeds, how to recording deeds and other conveyances in the several counties of this State,
be proved and for preventing frauds; Be it further enacted by the authority aforesaid,
recorded. rpj^^^ ^^ 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 for life or lives, nor
I shall any greater or higher estate be made or take effect in any person or
OF SOUTH CAROLINA. 233
Acts relating to Courts. A. D. 1785.
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 men-
tioned 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 seaUng the same, then the recording thereof shall be within six months
from the signing, sealing and dehvery, 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 hmits of the United States, then the recording
shall be within two years ; and if any deeds or any other conveyances
shall not be recorded within the respective times before 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 no such deed or con-
veyance whatsoever of real estate, shall be admitted to record in any
county court, unless the same be acknowledged in such court by the grantor
or grantors thereof, in person, or otherwise by proof of the signing, seal-
ing and delivery thereof, to be made in open court, by the oath of two credi-
ble witnesses at the least.
And that when any such deeds or conveyances shall be acknowledged or
proved in court as aforesaid, in order to their being recorded, the memo- Livery of sei-
randum of livery and seizen thereupon made in deeds oi feoffment shall in ^•'" '" ''s recor-
like manner be acknowledged or proved, and shall be recorded with the
deed, and such memorandum proved and acknowledged as aforesaid, shall
be taken and deemed a sufficient livery and seizen of the land or other real
estate conveyed.
XL VI. And be it further enacted by the authority aforesaid. That
all deeds or other conveyances hereafter made in writing, under the hand Right of dower,
and seal of husband and wife, and by them personally acknowledged in '°|^jj°j'"'® '"'
the county court, (the wife being first examined separately and apart from
her husband, by some justice of the court, and giving her free consent to
the same,) shall be, and are hereby declared to be, good and effectual in law
to pass and convey all the estate, title and interest of such wife and her
heirs ; and where any feme covert shall relinquish her right of dower in
any real estate, and acknowledge the same in court, or before a commis-
sioner or commissioners, and such acknowledgment shall be recorded, the
same shall be effectual in law, to convey and pass away the right of such
feme covert, although she has not executed or acknowledged any deed of
conveyance for that purpose.
And where any /erne covert cannot conveniently travel to the county court
to acknowledge her deed for passing away her estate, it shall be lawful for the jyj^y i,g j^^g
clerk of the county court to issue a commission to two or more commission- by commission,
ers, being justices of the peace in the county where such feme covert resides,
for receiving the acknowledgment of any deed of conveyance of such feme
covert for passing away her estate real ; and such deed, so acknowledged
before them , after they shall have examined her privily and apart from her
husband, touching her consent without compulsion or threats, and thereof
certify the justices before whom such commission shall be returnable,
shall be recorded, together with the commission and return, and shall be as
VOL. VII.— 30.
234 STATUTES AT LARGE
A. D. 1785. Acts relating to Courts.
effectual as if the same had been personally acknowledged in court by sacfi
feme covert.
XL VII. And to the end that persons who are inclined to lend money
p. ^j, upon the security of lands or negroes, or to become purchasers thereof,
mortgages. &c. may more easily discover whether the lands or slaves offered to be sold or
to be recorded, jjiortgaged, be free from incumbrances, Be it further e7iactedhj the au-
thority aforesaid, That a memorial of sales and conveyances, mortgages,
marriage settlements, deeds of trust, whereby any lands or slaves, the
property of any persons residing in this State, charged, incumbered or
passed from one person to another, shall be registered in the secretary's
office, in books to be kept for that purpose ; which memorial shall contain
the date of the deed or conveyance, the names, surnames and additions
of the parties thereto, the consideration mentioned therein, the lands con-
veyed, settled or mortgaged, and where the same lies, and the number,
names and ages of the slaves, if any be sold, settled or mortgaged; and
the clerks of all and every of the county courts within this State are here-
by required, twice in every 3'ear, in the months of January and June, to
transmit memorials of all such deeds, settlements, mortgages, or other con-
veyances, as shall have been proved and recorded in their respective courts
the preceding half year, to the secretary's oifice, to be there registered as
aforesaid.
Provided always, that nothing herein contained shall extend or be con-
strued to have any retrospective operation, or to effect any deeds or other
conveyances heretofore registered or to be registered as by law directed.
XLVIIl. And lohereas, the said county courts are hereinbefore vested
Method of pro- with criminal jurisdiction, as to all offences the punishment whereof doth
eeeding m en- j^^j. g^tend to life , member or corporal punishment ; for settling the pro-
minal cases. ,. . , ' -n • i \ \^ ±i -1 r • i mi i n
ceedings m such cases. Be it enacted by the authority aioresaid, 1 hat alt
offences indictable by the common or statute law of this State, where the
punishment of such offence doth not extend to the deprivation of life,
member or corporal punishment ; and excepting also, all cases where the
benefit of clergy exempts the criminal from capital punishment, the pro-
ceedings shall be in the same form, and conducted in the same manner, as
the proceedings in criminal cases in the courts of general sessions of the
peace, oyer and terminer, assize and general goal delivery, and the said
justices shall have the same powers and aitthorities in all cases within their
jurisdiction, as the said court of general sessions of the peace.
XLIX. And be it further enacted by the authority aforesaid. That
T - , .on the first meeting; of every county court in this State, bv virtue of this
Junes, how to , , . . ^ ,, •^- , , ,1 • , ■ ^ ^1 l •
be drawn and Act, the justices shall, previously to their entering upon other business,
summoned. cause a fair list to be made out, of all the persons resident mthin their
respective counties, who have paid a tax the preceding year towards the
support of government, to serve as jurors in the courts of such counties;
the grand jury list shall be composed of a sufficient number of those citizens,
inhabitants aforesaid, who, in the opinion of the said courts respective-
ly, are most respectable and independent, whose names shall be put into a
box, to be provided for that purpose by the sheriff, at the expense of the
county, and such grand jury shall be drawn in the same manner as is by
law directed in trials in the circuit court ; and the residue of the taxa-
ble inhabitants shall compose the body of petit jurors, deposited in another
division of the box, and shall be drawn to serve in like manner; tlie clerk
of the county courts shall make out the venire facias with the pannels an-
nexed, signed by himself, and deliver the same to the sheriff of each county
OF SOUTH CAROLINA. 2.35
Acts relating to Courts. A. D. 178.').
respectively, within one week after the adjournment of each court, who shall
summon the jurors to appear, at least three days before the meeting thereof,
under the penalty of five pounds lawful money, to be recovered by the
court on a rule to shew cause why the penalty should not be levied ; which
penalty, when received, shall be applied in aid of the county taxes, for the
use of the county ; that the number of grand jurors to be drawn to serve at
each court, shall be twenty, and not less than thirteen shall be sworn to
proceed to business ; and the number of petit jurors to be drawn in like
manner, shall be thirty ; and if any grand or petit juror shall fail to attend
on being summoned as this Act directs, if a grand juror, he shall forfeit and
pay the sum of three pounds lawful money, and if a petit juror, the
sum of one pound ten shillings lawful money, to be recovered and applied
as is hereafter mentioned.
L. And be it further enacted by the authority aforesaid, That the
majority of the justices of the county courts respectively, for the time
being, shall have full power and authority, and are hereby directed, to ap-"„p^y""o' J^"°J^I.
point a proper person to attend and prosecute offences on the part of the pointed by the
State, in the several county courts, who shall be known by the name of J"'^''^®®*
the county attorney, such persons having been previously admitted to prac-
tise the law in the said county courts ; and if any person so appointed
shall fail to attend and perform the duties hereby required, he shall forfeit
and pay the sum of ten pounds lawful money, for each neglect, to be re-
covered by the court, on a rule to shew cause, and applied to the use of the
county recovering the same.
LI. And whereas., it is just and necessary to prescribe the forms of vvrits
issuable in the county courts, for the direction of the clerks'; Be itjurther^^orms of pro-
enactcd by the authority aforesaid, That the following forms of writs to*^^"^"^*
be issued out of the clerks' offices of the respective county courts, shall be
observed and pursued, viz :
A capias ad respondendum in deht.
State of South Carolina,
County of M , to wit : To the sheriff of M county, greet-
ing: We command you, that you take the body of A B, if it be found
within 3'our county, and him safely keep, so that you have his body before
our justices of our county court of M , aforesaid, on the , in
next, to answer to C D, in a plea of debt for pounds, <k;c.,
to the damage of the said C D, pounds, &c., and have then there
this writ. Witness, P. T. Clerk of our said court, this day of
, in the year of our Lord one thousand seven hundred and ,
and of the independence of the United States of North America, the .
P T, clerk of the court.
The same in case upon promise and assumption., or upon open account.
As before, to answer to C D , in a plea of trespass upon
the case for not performing certain promises and assumptions, to the damage
of the said C , pounds, &c.
The same in trover and conversion.
As before, to to answer to C D, in a plea of trover and con-
version of certain goods and chattels, to his the said A own use, to
the damage of the said C, pounds, &c.
TJie same iti detinue.
As before, to , to answer to C D, in a plea of detinue
236 STATUTES AT LARGE
A. D. 1785. Acts relating to Courts.
for one negro man slave (or other specified property,) named [Pompey,]
aged , to the damage of the said C, pounds, &c.
The same in trespass for breahing the dose.
As before, to , to answer to C D, in a plea of trespass,
for breaking and entering the close of him the said C, and cutting down
and destroying the timber, trees, wood, grass, and so forth, within the
said close, then and there growing, to his damage, pounds, &c.
The same m trespass, assault and hatter y.
As before, to , to answer to C D, in a plea of trespass,
assault and battery, to the damage of the said C, pounds, dec.
The same in trespass, assatdt and false imprisonment.
As before, to , to answer to C D, in a plea of trespass,
assault and false imprisonment, to the damage of the said C, pounds,
&c.
The same in slander for tvords.
As before, to , to answer to C D, in a plea of trespass
on the case, for certain false, scandalous and malicious words, by the said
A B, spoken and published of the said C D, to his damage, , &c.
The same for a malicious prosecution.
As before, to , to answer to C D, in a plea of trespass on
the case, for falsely and maliciously causing and procuring the said C D,
to be prosecuted for felony, or perjury, or other crime, to the damage of
the said C, , &;c.
The same for criminal conversation with plaintiff^s wifo.
As before, , to answer to C D, in a plea of trespass on
the case for criminal conversation with F, the wife of the said C, to the
damage of the said C, , &c.
That all other writs to be issued out of any clerk's or prothonotary's
offices of this State, in consequence of the establishment of county courts,
shall be in such form of words as shall be advised and approved by the
judges of the court of common pleas, and shall be thereafter used by all
clerks of county courts, on pain of forfeiting their respective offices.
LIl. And he it forther enacted by the authority aforesaid, That in all
actions of detinue, the general issue shall be non detinet, and may be sued
and prosecuted in the same manner as trover or convertion, and no wager
of law shall be allowed or admitted.
LIII. And whereas, it is necessary to vest the said county courts with a
County courts jurisdiction over taverns and highways; Be it Jurther enacted by the autho-
to license ta-^ity aforesaid, That the justices of the said county courts respectively, on
ep rs. ^j^^ g^g^ court which shall be held in each succeeding year, shall hear, in
open court, all applications for licenses to keep taverns or public houses
within their respective counties, and shall reject such application, or grant
such licenses for one year, as to them shall seem meet ; and every person
who shall obtain a license to keep tavern, shall give bond, with two sufficient
surities, in the sum of one hundred pounds lawful money, payable to the
justices of the court where such licenses shall be obtained, for the use of the
county; that such person shall keep clean and wholesome meat and drink,
and lodging for travellers, and the usual provender for horses ; and if any
person shall presume to keep a tavern without having obtained such license,
such person shall forfeit and pay the sum of twenty pounds lawful money,
to be recovered by indictment or information, in any court of recoid
OF SOUTH CAROLINA. 287
Acts relating to Courts. A. D. 1785.
having jurisdiction; one moiety thereof to the use of the county, the
other to the person who shall inform and prosecute for the same.
LIV. And be it further enacted by the authority aforesaid, That the
several justices, at the session wherein such licences shall be granted, shall (.]fjj\^gg°g ^hJ^™
cause a fair rate of meat, drink and lodging, and provender for horses, to be to be regulated.
made and ascertained, allowing tavern keepers a just and reasonable protit ;
attested copies thereof shall be made out by the clerk of the court, and
each hcensed tovern keeper shall have one, and shall affix the same in the
most conspicuous part of his most public room, convenient for the inspec-
tion of all persons calling at the said tavern, and shall charge no more than
is allowed in such rates ; and if any tavern keeper shall charge or demand
more than by the said rates he is allowed and authorized to charge, he shall
forfeit and pay three times the amount of such charge ; to be recovered by
warrant, indictment or information before any justice of the peace, or
court having jurisdiction ; one half to the person who shall inform and sue
for the same, and the other to the use of the county where the same shall
be recovered.
LV. And be it further enacted by the authority aforesaid, That the
said justices shall have all the powers and authorities heretofore vested in County courts
the commissioners of the roads, rivers, and bridges and causeways : shall ^^^•'^''f- "^"'^
J. ,,,,.,,.,. , ' . ' . =. „ .^ ' jurisdiction
direct the building bridges or opening the navigation of water courses, not over roads,
otherwise provided for by law, in their respective counties, in as full and''"*^ses, «fec.
ample manner as hath been heretofore accustomed to be exercised by the
said commissioners ; and all boards of commissioners for the above purposes,
and all laws for their appointment, from and immediately after the said
county courts shall meet and open the same for the exercise of the powers
herein vested in them, shall, and are hereby directed to, be abolished,
repealed and made void, to all intents and purposes; and the said county
courts shall, at the same courts wherein tavern licenses are to be granted,
appoint such and so many overseers of the pubhc roads within their respec-
tive counties, as to them shall seem necessary, and shall order and assign
the several free male inhabitants or slaves contiguous to and convenient
to the several roads, to work thereon ; and each overseer of the roads shall
have his limits assigned him, and shall keep the same in good repair ; and
if any person shall be appointed overseer of a road, and shall refuse to act
for one year, or shall neglect to keep the road assigned him in good repair,
each and every such person appointed shall forfeit and pay the sum of ten
pounds lawful money ; to be sued for, by indictment or information, in any
court having jurisdiction ; one half to the court justices, for the use of the
county, the other to the informer prosecuting for the same; Provided
nevertheless, that no person shall be compellable to act as overseer of the
road, for more than one year in three, and shall moreover, during his con-
tinuance in office, be privileged from attending common, but not general,
musters of the militia ; and all county courts who shall neglect to appoint
overseers of roads, or do all such matters and things required by this Act
for the keeping the public roads in good repair, shall be amenable to the
circuit court, on indictment or information, and may be fined at the discre-
tion of such circuit court, not exceeding fifty pounds lawful money for each
neglect.
LVI. And be it further enacted by the authority aforesaid. That the po^g^ of a sin-
power and jurisdiction of magistrates under the Act for the trial of small gle magistrate
and mean causes in each county, respectively, from and after holding the "° V** ^"'e'ld
first court therein, shall not extend to the trial of a small and mean cause trespa™s,^&c.°'^
Fees.
238 STATUTES AT LARGE
A. D.I 785. ^cfg relating to Courts.
where the debt or demand exceeds the sum of twenty shilling.s, lawful mo-
ney, and in no case where the demand is founded on damages incurred by
trespass, assault and battery, trespass vi et armis, or slander; and if any
magistrate shall give damages in any such case, the county court shall, up-
on application of the party aggrieved, cause the justice to produce a tran-
script, signed by himself, of the decision, and reverse the same ; but in all
cases, except those above mentioned, the power and jurisdiction of the ma-
gistrates within this State shall be the same, as far as the sum of twenty
shillings, lawful money, exclusive of the costs, as in and by the said Act for
the trial of causes small and mean is directed.
LVIf. Be it further enacted by the authority aforesaid, That no coun-
ty courts shall be established in any of the counties into which Charles-
ton, Georgetown and Beaufort districts are divided, until a majority of the
taxable inhabitants of such county shall, respectively, apply by petition for
the same, in which case, and not before, commissioners shall be thereon
elected to carry into effect this law ; any thing hereinbefore contained to
the contrary in any wise notwithstanding.
LVIII. And he it further enacted by the authority aforesaid. That the
following table of fees shall be the lawful and established fees for the seve-
ral services therein mentioned, and no officer shall presume to take any other
or greater fees ; and if any officer shall, knowingly and advisedly, demand
or receive any more than is allowed by this Act, such officer shall be liable
to refund to the party aggrieved three times the amount of such extorted
fees, and all damages accruing, and shall forfeit the office which such per-
son shall then hold, and be declared incapable of serving in the same, or
any other office in this State ; and the clerk of the county court shall be
allowed for recording every instrument of writing, three pence per copy
sheet, which copy sheet shall not contain less than ninety words, and for
every copy of such instrument of writing, two pence per copy sheet, con-
taining not less than ninety words.
A TABLE OF FEES.
County Court Clerk's Fees.
For the whole fee of a tavern hcense and bond, £ 0 9 4
For every search for any thing above a year's standing, 0 10
For searching and reading, or shewing to be read, any paper or
record, filed within the office, whereof a copy is not desired, 0 10
In Actions and other suits.
For every writ, other than such as are hereinafter particularly
mentioned.
For every copy of each writ,
For every writ oi Jieri facias , capias ad satisfaciendum, or scire
facias,
For a copy thereof.
For a writ of attachment in any action.
For recording the return thereof, three pence per copy sheet,
For an attachment granted by the justice of peace, returnable
to the court, and putting same upon the docket.
For every summons to summon any person on such attachment,
Filing every bail bond, or entering the bail returned.
For docketing every cause, except by summons or petition, to
be charged but once ,
For a copy of the return of any writ.
0
2
6
0
1
6
0
2
6
0
1
6
0
2
6
0
2
6
0
1
6
0
1
6
0
1
0
0
0
6
0
2
0
0
2
0
0
0
6
0
1
0
0
2
0
0
2
0
OF SOUTH CAROLINA, 239
Act." relating to Courts. ^- ^- "^^^•
For entering any special bail,
For entering security for costs for persons out of the county,
For entering the appearance of the defendant or defendants,
where there is no attorney, in any suit, except by summons
and petition,
For entering one or more attornies for each party,
For every petition, declaration, plea, demurrer or joinder, «Sic. ,
except in petitions for debt, detinue, assumpsit or trover,
For a copy of any declaration, special pleading or demurrer.
For every trial, swearing the jury and witnesses, fihng all papers,
and receiving and recording general verdict, 0 4 8
For every trial, where there is a special verdict, or case agreed,
and recording the same, 0 6 0
For swearing the witnesses in every other cause where there is
no jury or case agreed, 0 10
For filing the papers of each party in every cause, and where
there is a jury or case agreed, 0 2 0
For a copy of a special verdict, or case agreed, and every thing
therein set forth ; or for making up a full and complete re-
cord of any cause, for every ninety words, two pence,
For entering every judgment, or for a copy thereof.
For every deposition taken in court, or a copy thereof,
For administering an oath in court, not relating to the trial
of any cause there.
For every recognizance in court,
For entering the order or orders in any cause in one court.
For every order for a witness or other person's attendance,
For a copy of any order, two pence per copy sheet,
For recording the report of a jury in the county, before a sur-
veyor, auditor or viewer,
For a copy thereof.
For taxing costs to any judgment or decree where costs are
recovered, or for a copy of a bill of costs, if required.
For a copy of an accouut.
For entering an appeal, and taking bond to prosecute it.
For a copy of the bond,
For returning appeal and security to the office of clerk of the
supreme court,
For returning writ of suj)ersedeas , certiorari, or Jidbeas corpus ,
For a copy of the procedings of the cause wherein the appeal is
granted , for every ninety words, 0 0 3
For recording the acknowledgment of the satisfaction of a
judgment, 0 2 0
For entering each order for a witness's attandance, to be char-
ged to the party in whose behalf the witness is summoned,
and taxed in the bill of costs, if such party recover, 0 16
For a copy thereof, to be taxed and charged in like manner, 0 10
For an attachment thereon, to be charged to the party agamst
whom such attachment shall be issued, 0 16
For the whole fee chargeable for every summons and petition
for debt, detinue, assumpsit or trover, and all the proceedings
^ therein, including a copy of the judgment, and taxing costs,
if required, except the respective fees for summoning wit-
nesses, entering attornies, for every order for continuance,
0
0
2
0
1
0
0
1
0
0
1
0
0
2
0
0
2
6
0
2
0
0
3
6
0
2
6
0
2
0
0
2
0
0
4
0
0
1
0
0
4
8
0
4
6
240 STATUTES AT LARGE
A. D. 1785. Acts relating to Courts.
and for issuing execution, where such matters happen, 0 10 0
For a summons for several witnesses living in one county, if
summones for all be taken out at one time, 0 2 6
For recording any writings not herein particularly mentioned,
or for a copy thereof, for every ninety words, 0 0 3
For all public services of the clerk, viz : entering and issuing
copies of orders for appointing overseers of highways, ap-
pointing constables, grand juries, drawing juries, issuing
venires, taking list of taxables, entering guardian's accounts,
and all matters relating thereto, binding out poor orphans
and appointing guardians, enteiing county assessments and
copies thereof, entering and issuing orders for recommend-
ing sheritis and justices of the peace, and all other public
services for which no particular fee is allowed, (to be as-
sessed and levied annually, by the justices of the county,) 15 0 0
And where more attornies than one shall be employed in any cause on
one side, if such attornies take out more than one copy of any thing ne-
cessarily relating to the suit, yet no more than one copy shall be allowed
in the bill of costs ; neither shall the clerks tax any fee in the bill of costs
for entering any more than one attorney, although costs shall be adjudged
against the adverse party ; and when any suitor shall retain all the attornies
practising at the court wherein such suit is brought, on the petition of the
defendant the court shall assign one of the said attornies to appear and defend
such defendant, for the legal and accustomed fees, and such attorney shall
be compellable by the court to undertake such defence, under the pain of
being silenced and disfranchised in such court-
To the Sheriff.
For an arrest, bail bond and return, i
For returning any process non est inventus,
For serving a writ of scire facias,
For serving any person with an order of court, and making re-
turn thereof, to be paid by such persons,
For putting any person in the pillory,
For putting into the stocks.
For putting in prison and releasement,
For serving a subpoena in chancery,
For serving a summons or petition for debt, detinue, assumpsit
or trover, 0 3 6
For serving a subpoena for a witness in any cause in court, ex-
cept summoned in court, 0 2 6
For summoning an appraiser, viewer, or witness to any deed,
will or writing, if required to be summoned, and not else, 0 2 6
For summoning and impanneUing a jury, in every cause where
a jury shall be sworn, 0 2 0
For removing every criminal from the county goal to the dis-
trict goal, for every mile in going and returning, to be paid
by the public, per mile, 0 0 3
For removing any person by haheas corpus from the county
goal or other confinement, to the pubhc goal, or before any
judge of the circuit court, to be paid by the person applying
for the same, unless removed by public order, in which case
to be paid by the public, for every mile going and returning, 0 0 3
0
4
8
0
2
0
0
2
6
0
3
6
0
4
8
0
2
6
0
4
8
0
3
6
1 10
0
0 15
0
0 7
6
0
7 6
0
5 0
0
4 8
OF SOUTH CAROLINA. 241
Acts relating to Courts. A. D. 1785.
For executing any condemned person, and all fees incident, 10 0
For summoning a jury upon any inquisition, survey, writ of
dower, or petition, if the jury appear.
For the same, if the jury do not appear,
For making return of any writ of dower or partition.
For every da5''s attendance upon a jury in the county, after
they are sworn, or attendance on a survey, or when ordered
by the court, 0 7 6
For issuing a writ of habere facias, siesinam, or habere facias
possionem.
For serving an attachment on the body.
For serving declaration in ejectment, if against any one tenant.
And if against more tenants than one, for the serving the same
on every such tenant, 0 3 6
For whipping a slave by order of court, to be paid by the
county, 0 5 0
For serving any execution of a judgment, five per centum com-
mission on the first hundred pounds, and two per centum for
all above,
For serving an attachment on goods exceeding five pounds, if
sold, the same fee as for serving execution, where the goods
do not exceed that value, or are not sold, 0 5 0
For every person on attachment, summoned, 0 2 6
For serving and leturning a writ, summons or order, from the
circuit court, where the same is not comprehended in any of
the foregoing articles, 0 5 0
For keeping and providing a debtor in goal, each day, 0 10
For keeping and providing for a runaway slave or criminal in
goal, the former to be paid by the owner, the latter by the
pubUc, 0 10
For serving a warrant of a justice of peace, 0 2 6
For summoning witness before a justice, 0 10
For all pubhc services of the sheriff', to wit : attending courts of
claims, summoning and impannellinng grand juries, publish,
ing writs for electing members to the General Assembly, ta-
king the ballots and returning the writ, serving all public
orders of court, and all other public and county service for
which there is no specified fee, to be annually assessed and
levied by the county courts, 15 0 0
To the Coroner.
For taking an inquisition on a dead body, to be paid out of the
deceased his estate, if sufficient, if not, by the county, 10 0
For all other business done by him, the same fees as are allowed
the sheriff for the same services.
To the Constable.
For serving a warrant,
For summoning a witness,
For summoning a coroner, jury and witnesses,
For putting a person in the stocks.
For serving an execution or attachment, returnable to the coun-
ty court , against the estate of a debtor removing his effects
out of the country, 0 7 6
VOL. VIL— 31.
0 2
6
0 1
6
0 10
0
0 2
6
242
STATUTES AT LARGE
A. D. 1785.
Acts relating to Courts.
be exhibited bv
clerk,
Fees
ney.
of attor-
For whipping a slave by lawful authority, to be paid by the
overseer, if no overseer, by the owner, 0 2 6
LIX, And be it Jur titer enacted hy the authority aforesaid, That none
Accounts for of the fees hereinbefore mentioned, shall be payable by any person what-
fees, how tobegQpver, until there shall be produced, or ready to be produced, unto the
person owing or chargeable with tht same, an account in writing, contain-
ing the particulars of such fees, signed by the clerk or officer to whom such
fees shall be due, or by whom tlie same shall be chargeable, respectively,
in which said bill or account is and shall be expressed, in words at length,
and in the same manner as the fees aforesaid are allowed by this Act,
every fee for which any money is or shall be demanded.
LX. And he it further enacted by the authority aforesaid. That every
Table of fees to clerk of a county court shall chuc* \o. be set up, in the most conspicuous
place in his office, and in the court house of his county, and there con-
stantly kept, a fair table of all clerks, sheriffs, coroners and constables
fees, hereinbefore mentioned, together with the fees of an attorney in the
county courts, on pain of forfeiting three pounds, lawful money, for every
court day the same shall be missing through his neglect, which penalty
shall be to the person or persons who shall sue for the same by action of
debt, in any court of record having jurisdiction.
LXI. And, for regulating the fees of attornies, Bt; 2V/Mr^/ifr e?«oc^erf by
the authority aforesaid, That in every action brought In the county courts,
where an attorney is employed, he shall be allowed one pound one shilling
and nine pence, for an attorney's fee, which shall be taxed in the bill of
costs, and recovered by the person in whose favor judgment for costs shall
be given ; and in every summons and petition, fourteen shillings shall be
allowed and taxed, as an attorney's fee, in like manner ; and if any attorney
in the said courts shall presume to demand any greater or other fee, in
any action at law or summons and petition, or for making defence in either
of them, than is above specified, such attorney shall forfeit and pay the
sum of fifty pounds sterling, to be recovered by any informer who shall in-
form and sue for the same, by action of debt for the penalty, in any court
of record having jurisdiction.
LXII. And he it further enacted by the authority aforesaid , That coro-
ners for the respective counties shall be chosen in the .same manner as
sheriffs are by this Act appointed to be chosen, and shall be qualified and
commissioned in like manner.
LXIII. And he it further enacted by the authority aforesaid. That the
several justices of the county courts in this State, as soon as the same
shall take place in the respective counties, shall have full power and autho-
rity to regulate weights and measures within each of their respective ju-
risdictions, and shall enforce the observance thereof in such manner and
form, and under such penalties, as are already prescribed by law for regula-
ting weights and measures.
In the Senate House, the twenty-fourth day of March, in the year of our Lord one thousand
seven hundred and eighty-five, and in the ninth year of the Independence of the
United States of America.
Coroner.
Weififhts and
measures.
JOHN LLOYD, President of the Senate.
JOHN FAUCHEREAUD GRIMKE,
Speaker of the House of Representatives.
OF SOUTH CAROLINA. 243
Acts relating to Courts, A.D. 1786.
AN ACT TO AMEND An Act entitled "An Act for establishing ^^- 1303.
County Courts, and for regulating the proceedings therein."
WHEREAS, it is found necessary to alter the days whereon the courts
of the several counties hereinafter mentioned, are directed to be held, and
amend several other clauses of the county court law :
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 ma-
authority of the same. That an additional number of magistrates, not ex- gisirates to be
ceeding two to each county, shall be added to the present number ; and *''''''"" ^ '
which additional magistrates shall be nominated and commissioned in like
manner as is prescribed by an Act entitled "An Act for establishing county
courts, and for regulating the proceedings therein,'' passed the seventeenth
day of March, one thousand seven hundred and eighty-five.
H. And be it further enacted by the authority aforesaid. That the
courts of the several counties shall have power and jurisdiction to hear and Jurisdiction as
adjudge all felonies committed within their respective counties, which shall '" ''='"""'^-
come under the description of larceny, where the value of the property sto-
len shall not exceed the sum of forty shillings ; which said crime of larceny,
upon lawful conviction after indictment found and the verdict of a jury , shall
be punished with whipping, not exceeding thirty-nine lashes.
III. And be it further enacted by the authority aforesaid. That in those
counties where courts are established, the jurisdiction of a single magis- jurisdiction of
trate shall extend from twenty shillings as far as five pounds, in matters of a single magis-
debt, liquidated by bond, note or other acknowledgement in writing, and ""'^^^"
no other matters whatsoever ; and if any person shall be aggrieved by the
judgment of any magistrate, where the matter in dispute shall be above
twenty shilHngs, he shall have a right to appeal to the court of the county
where such judgment shall be given ; and upon such appeal demanded, the
magistrate shall certify the proceedings before him to the next county court,
where such appeal shall be heard and adjudged in a summary way, as in
cases of petition and summons, and the same costs shall be chargeable
thereupon.
IV. And be it further enacted by the authority aforesaid, That the sum-
mary jurisdiction of the county court shall extend to ten pounds instead of Smnmary ju-
five pounds, prescribed by the county court Act, and shall be tried and ad-g„u„ty court.
judged in the manner and upon the principles by that Act directed ; but in
case both parties shall desire to have the said causes tried by a jury, or on
application of either party at his own expense, then the said judges shall
immediately order issue to be joined, and the said cause to be tried by the
jury impannelled at such courts ; Prooided^ such sum so sued or prosecuted
for, shall not be less than five pounds.
V. And be it further enacted by the authority aforesaid, That the tax
imposed by law on taverns and tavern licenses, shall, in the counties where,j,^^ ^^^^^^^^
courts are established, be collected and appropriated by the respective coun-
ty courts, to the use of their county, towards lessening the county assess-
ment.
VI. And be it further enacted by the authority aforesaid, That every
county court clerk shall obtain the approbation of his county court in the Deputy Clerk.
appointment of a deputy clerk, before any such person deputied shall be
allowed to act in the place of his principal as a lawful deputy ; and every
clerk of a county court shall keep his office at the court house, under the^;','''^^ ^,^^1^^'^'^^
penalty of being deprived of such office; Provided, that six months be the C. H.
244 STATUTES AT LARGE
A. D. 1786. Acts relating to Courts.
allowed from the passing this Act, to such clerk, to remove his office, in
comphance therewith.
VII. And be it further enacted by the authority aforesaid. That the
Courts of cer- '^°'^^^'' ^^ *^^ several counties hereinafter mentioned, shall be held on the
tain counties, respective days herein prescribed, that is to say : for the county of Chester,
held" *° ^^ ^^ ^^^ ^'^^^ M""f'^y ill January, April, July and October; for the county of
York, the second Monday in January, April, July and October; for the
county of Fairfield, on the second Monday in February, May, Au-
gust and November; for the county of Richland, on the third Monday in
February, May, August and November ; for the county of Claremont, on
the second Monday in March, June, September and December ; and for
the county of Clarendon, on the third Monday in March, June, September
and December.
VIII. And be it Jurther enacted by the authority aforesaid. That the
Limits of Win upper line of Winton county shall extend from Savannah river along the
oun y. lower line of Ninety-Six district, till it intersects the road leading from the
ridge to Orangeburgh, thence down the said road till it reaches Orange
county hne, thence along the said line to the head of Little Saltkatcher,
thence down the same to the line of Beaufort district, thence along the
same to the Savannah river, thence up the same to the beginning.
IX. And be it further enacted by the authority aforesaid, That for all the
Clerk and public services of the clerk, for which no particular fee is allowed, he shall
receive five pounds per annum, and no more ; and for all the public services
of the sheriff, for which no particular fee is allowed, he shall receive seven
pounds ten shillings per annum, and no more; any law to the contrary
thereof in any wise, notwithstanding.
X. And ivherediS, by a clause in the aforesaid Act, passed on the seven-
Deeds, how to teenth day of March last, directing the method of proving and recording of
e prove. deeds, the grantor or two evidences are required to appear before court,
which, in many cases, might be very inconvenient or impracticable, be-
cause of such grantor and evidences residing out of the State, or at some
considerable distance from the county where lands or other property con-
veyed may be; Be it therefore enacted by the authority aforesaid. That
where any deed or conveyance of land, bill of sale, mortgage or transfer
of property, within any county in this State, shall be executed out of the
State, then, and in all such cases, the justices of the county where such
lands or other property lie , are hereby authorized to issue their dcdimus to any
two or more justices of the county where the grantor, seller, grantors or mort-
gagor of such property may reside, to take his, her or their acknowledgment
of such deed or conveyance, upon the oath of any two evidences who were
present at executing such deed ; and where the said grantor, grantors, sel-
ler or mortgagor, reside in this State, and out of the county where such
lands or other property so conveyed may lie, then, and in all such cases,
acknowledgement by the party, or proof by two evidences, as aforesaid,
before any one judge of the court of common pleas and general sessions
within this State, or any three of the justices of the county wherein such
property may be, shall be deemed good and sufficient proof of such deed or
conveyance, which shall be recorded in the records of such county, within
the time directed by the said Act ; any law, usage or custom to the contra-
ry notwithstanding.
In the Senate House, the eleventh day of March, in the year of our Lord one thousand
seven hundred and eighty-six,
JOHN LLOYD, President of the Senate.
JOHN FAUCHEREAUD GRIMKE,
Speaker of the House of Representatives,
OF SOUTH CAROLINA.
Acta relating to Courts.
AN ORDINANCE for establishing a County and County Courts No. 1325.
IN the new ceded lands on the North side of Saluda River.
WHEREAS, the inhabitants of the new ceded lands on the north side
of Saluda river, below the Indian Une, have experienced many inconve-
niencies, by being annexed to some of the counties heretofore established ;
I. Be, it ordained 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 a county shall be established in the new ceded lands, by
the name of Greenville, and shall be bounded by Saluda river and the '
south fork thereof, the old Indian boundary, and the North Carolina line,
and shall be entitled to county courts, to be held on the' third Monday in
Feburary, May, August and November; which courts shall hold, exercise
and enjoy the several powers and jurisdictions which are by law vested in
the said county courts heretofore established.
In the Senate House, the twenty-second day of March, in the year of our Lord one thou-
sand seven hundred and eighty-six, and in the tenth year of the Independence
of the United Slates of America.
JOHN LLOYD, President of the Senate.
JOHN FAUCHEREAUD GRIMKE,
Speaker of the House of Representatives
AN ACT TO alter and amend an Act entitled "An Act for es-
tablishing County Courts, and for regulating the Proceedings
therein," passed thr seventeenth day of March, one thousand
seven hundred and eighty-five ; AND FOR other purposes therein
mentioned.
WHEREAS, it is found necessary to make some further alteration and
amendments to the county court Act ;
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 autho-
rity of the same, That the number of justices in each county may be in-
creased to eleven, for each and every county.
II. And be it further enacted by the authority aforesaid. That the
grand juries for the respective counties shall be liable hereafter to be sum-
moned only twice a year, instead of four times, as heretofore ; and that the
time of their being summoned, be regulated by each court, respectively.
HI. And he it further enacted by the authority aforesaid. That all tines
and forfeitures which are recoverable in the county courts, shall be hereaf-
ter applied to the use of the county in which they are so recovered, and no
other.
IV. And he it further enacted by the authority aforesaid, That the
powers heretofore vested in church wardens, and the court of sessions, res-
pecting bastardy and taking recognizances for the maintenance of bastards,
be henceforward Ukewise vested in each and every county court.
No. 1377-
246 STATUTES AT LARGE
A. I). 1788. Acfg relating to Courts.
V. And be it further enacted hy t\ie authority aforesaid, That from and
immediately after the passing of this Act, the powers and authorities here-
tofore used and exercised by the Ordinaries of the districts where county
courts are estabhshed, shall be, and the same are hereby, vested in the
judges of the said county courts ; any law, usage or custom to the contra-
ry, notwithstanding.
VI. And he it further enacted by the authority aforesaid, That the pow-
er and jurisdiction of a single magistrate, where county courts are estab-
lished, shall extend to the trial of all cases of debt not exceeding three
pounds ; and law or usage to the contrary notwithstanding : Provided ne-
vertheless, the party conceiving himself aggrieved may have an appeal to
the county court, but it shall be in the descretion of the justices to award
double costs against the appellant, in case it shall appear to them the ap-
pellant had not just grounds to appeal.
In the Senate House, the twenty-eighth 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 JULIUS PRINGLE,
Speakei af the House of Representatives.
No. 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 PRI-
VATELY OUT OF THE State or district.
WHEREAS, by the fourth clause of the Act for establishing county
courts, the justices, where those courts are established, are authorized to
issue attachments against the property of persons who are absconding or
removing privately out of a county ; and the said Act hath omitted to give
the like authority to the justices where county courts are not established.
I. Be it enacted, That all and every authority contained in and given by
the fourth or other clauses of the said Act to the county courts, and to any
justice, sheriff or constable, concerning the issuing, serving, returning at-
tachments, or disposing of such property, shall be, and the same is by
virtue of this Act, given to the district courts, justices and other officers,
as in the first mentioned Act specified.
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 United States of America.
JOHN LLOYD, President of the Senate.
JOHN JULIUS PRINGLE,
Speaker of the House of Representatives.
OF SOUTH CAROLINA.
Acts relating to Courts.
AN ACT TO CARRY INTO EFFECT THE ORDINANCES OF CoNGRESS, FOR No 1396.
ESTABLISHING CoURTS FOR TRIAL OF PlRACY AND FeLONIES COMMIT-
TED ON THE HIGH SeAS.
IN ORDER to carry into execution two Ordinances of Congress, the
one passed the fifth day of April, one thousand seven hundred and
eighty-one, the other, the fourth day of March, one thousand seven hun-
dred and eighty-three, for estabhshing courts for trial of piracy and felonies
committed on the high seas,
I. Be it enacted by the honorable the Senate and House of Represen-
tatives, in General Assembly now met, and by the authority of the same,
That where any person or persons have heretofore or shall hereafter com-
mit any piracy or felony on the high seas, or who shall be charged as
accessaries before or after the fact, and have been or shall be brought into
this State for trial, the grand and petit jurors for the district of Charleston,
who have been or shall be summoned, and shall appear for the trial of
offenders before the court of sessions, or not appearing, any tales jurors
who shall be drawn out of the special jury list for the said district, shall
enquire of, try and adjudge every such offender, in such manner as if the
offence had been or shall be committed within the said district ; and every
such grand and petit juror shall thereupon be subject for non-appearance
or misdemeanor, to the fines and penalties to which such jurors are liable by
any law of this State.
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 Indepen-
dence of the United States of America.
JOHN LLOYD President of the Senate.
JOHN JULKTS PRINGLE,
Speaker of theHouse of Representatives.
AN ACT TO ALTER AND AMEND THE SEVERAL CoUNTY CoURT AcTS. Ji^q. 1411.
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 Deeds, how to
the same, That from and after the passing of this Act, it shall not be ne- "^^ P™^^'^'
cessary for the grantor or grantors of any deed or conveyance, to acknow-
ledge the same in open court, or for the witnesses attesting the same, to
prove them in open court, for the purpose of their being recorded in the
county courts ; but the acknowledgment of the deed by the grantor, before
a judge of the supreme court, or oath of one witness before a magistrate
out of court, swearing that the deed was duly and legally executed, as
heretofore has been the practice to make proof, shall be sufficient for that
purpose ; and that this provision shall extend to the proving all deeds which
have been executed at any time prior to the estabhshment of county courts.
H. Be it further enacted by the authority aforesaid, That the jurisdic-
tion of a single magistrate, where county courts are established, shall here- Ju^sciiction of
after extend to the trial of all cases of debt, not exceeding five pounds ; ^rate.^ ^ magi3-
248 STATUTES AT LARGE
A. 1). 1783. ^cts relating to Courts.
any law to the contrary notwithstanding ; with the same right of appeal as
is given in the sixth clause of an Act entitled " An Act to amend the
county court Act," passed the twenty-eighth day or March, one thousand
seven hundred and eighty-seven.
III. Be it further enacted by the authority aforesaid, That the fol-
Fees. lowing fees, and no other, be allowed the clerks of the several county
courts, for performing the duties of ordinary, viz : — for a citation, one
shilling and six psnce ; for each administration bond, one shilling ; for
letters of appraisement, one shilUing ; for a dedimus, one shilling ; for the
probate of a will, one shilling; for granting letters testamentary, one
shilling and six pence ; for granting letters with the will annexed, one shil-
ling and six pence ; for recording of any of the above instruments and the
appraisement, three pence per copy sheet.
IV. Be it further enacted by the authority aforesaid, That a quorum
Constables. of each and every county court be authorized to appoint as many consta-
bles as such quorum shall deem necessary, and that the said constables be
subject to the same regulations, fines and penalties, as the constables of the
superior court are now liable to by law.
V. Be it f II iher enacted by the authority aforesaid. That the authori-
As to retailing ^^ ^°^ superintendance of the county courts over taverns and tavern keep-
of spirituous ers, shall extend to all persons who shall retail within the jurisdiction of
liquors. any county court, any wine, brandy, rum, gin, beer, cider, punch, or other
spirituous liquors or strong drink whatsoever, in any quantity less than three
gallons ; Provided ahvays, that it shall and may be lawful for any person
to sell any spirituous liquors distilled from the produce of his own land , in
any quantity not less than one gallon; and that every person, on taking
out a tavern license, shall pay the sum of thirty shillings to the court, and
five shillings to the clerk, from whom such license is obtained.
VI. Be it further enacted by the authority aforesaid, That so much of
Boundaries of the Act entitled "An Act for laying out the State into counties," as res-
certain pects the dividing line between the di-stricts of Ninety-Six and Orange-
is ric s. burgh, be repealed; and that the county of Newberry, in Ninety-Six dis-
trict, be hereafter bounded by the old Ninety-Six line, and that so much
thereof as was under the above mentioned Act declared to be included in
Ninety-Six district, viz: the eight miles below the district line, be included
in Lexington county, Orangeburgh district.
VII. And tchereas, the seizing of property under attachment, is at pre-
Property taken sent confined to the sheriffs alone, Beit enacted hy the authority afore-
ander attach- said, that from and after the passing of this Act, any constable, within each
and every county, may take property under attachment ; ^roytcZe^, the
same do not exceed the value of twenty pounds.
VIII. And be it further enacted hy i\\e ^\\i\iox'i{y aforesaid, That if any
Frivolous ap- attorney shall advise, bring up or prosecute any appeal from the judgment
peals. of a county court, which, by the superior court, may be deemed frivolous
and groundless, the costs incurred by such appeal shall be taxed on every
such attorney ; any law to the contrary notwithstanding.
IX. And be it further enacted by the authority aforesaid. That the attor-
Attor ' ney's fee in all prosecutions in the county court, on behalf of the State,
fees. shall be one pound, and on prosecution of each appeal from such county
court, in the supreme court, shall be two pounds, and no more.
X. And be it further enacted by the authority aforesaid , That the court
of the county of Winton shall be held on every first Monday in May, Au-
gust, November and February, in every year, instead of the third Tuesdays
OF SOUTH CAROLINA. 249
Acts relating to Courts. A. D. 1789.
of April, July, October and January ; ami that the county court of Darling,
ton shall be held on the third Monday in March, June, September and
December, instead of the days at present established by law.
XI. And be it further enacted by the authority aforesaid, That the Abbeville,
county of Abbeville shall be entitled to three magistrates, in addition to
the number heretofore prescribed by law, a:!i( that they shall be appointed
in that part of the county lying above the old Indian boundary.
XII. And he it further enacted by the authority aforesaid, Tliat a quorum
of the justices of the several county courts shall have power and authority Quorum,
to qualify magistrates appointed for their respective counties.
XIII. And be it further enacted by the authority aforesaid, That the late „
Ordinaries of the several districts where county courts are established, are
hereby directed and authorized to deliver up all records in their respective
offices, to the clerks of the pleas of the several circuit courts in the said
districts, respectively ; and to which said records, all and every person and
persons shall and may have recourse when and as often as they may think
proper, upon paying the sum of one shilling for each and every search or
examination ; and the ordinary or ordinaries refusing or wilfully neglecting
so to do, within six months after the order of the county court, served on
him or them, shall be liable to the penalty of fifty pounds, to be recover-
ed in any court of record, for the use of the county whose order he or
they may have disobeyed or neglected, as aforesaid.
In the Senate House, the twenty-ninth day of January, in the year of our Lord one
thousand seven hundred and eighty-eight, and in the twelfth year of the Indepen-
dence of the United Slates.
JOHN LLOYD, President of the Senate.
JOHN JULIUS PRINGLE,
Speaker of the House of Representatives.
AN ACT TO REMEDY THE DEFECTS OF THE CoURTS OF ORDINARY IN No. 1444.
THE SEVERAL DISTRICTS WHERE THERE ARE NO CoUNTY CoURTS, AS
TO MATTERS AND CASES IN WHICH THE ORDINARIES OF THOSE DIS-
TRICTS MAY BE RESPECTIVELY INTERESTED.
WHEREAS, there are no persons or courts having prerogative or
peculiar jurisdiction in cases or matters in which the Ordinaries of the
several districts where there are no county courts established, are respective-
ly interested, by reason whereof, the said Ordinaries are at a loss, and
unable to qualify as executors of the last will and testament ot any person
or persons deceased, when they are respectively nominated and appointed,
or to obtain administration of the goods and chattels, rights and credits of
any person or persons dying intestate, to which administration the said
Ordinaries may be respectively entitled.
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 Ordinaries of Charleston, Georgetown and Beaufort
VOL. VII.— 32.
250 STATUTES AT LARGE
A. D. 1789. Acts relating to Courts.
districts, when respectively appointed executors of the last will and testa-
ment of any person or persons deceased, within their several jurisdictions,
and shall choose to take on them the burthen and execution thereof, they
shall prove such last wills and testaments, and qualify as executors thereof,
before one or more of the judges of the court of common pleas, either
during term time or the vacation ; and in cases where the said Ordinaries,
respectively, may seek or require administration of the goods, chattels,
rights and credits, of any person or persons dying intestate, within their
several jurisdictions, or administration with the will annexed, either one or
more of the said judges of the court of common pleas, in time term or
during the vacation, may have cognizance and jurisdiction of, and deter-
mine respecting the same, and grant letters of administration, if the said
Ordinaries should be thereunto respectively entitled, and take bond for due
administration, and have and do all other acts and proceedings there-
unto incident; Provided iievertheless, and it is hereby enacted, that the
said Ordinaries, respectively, shall record in their several offices the last
wills and testaments aforesaid, and probates thereof, and letters of admin-
istration, and all other proceedings in cases testamentary and of adminis-
tration, in the same manner as is practised with respect to cases where
they may not be interested and concerned, after the same shall have been
first recorded in the office of the clerk of the district where such will shall
be proved, or administration granted as aforesaid.
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 Representatives.
No. 1447. AN ACT to revive and continue the Authority, Acts, and Ju-
dicial PROCEEDINGS OF THE CoURT OF CoMMON PlEAS, TO BE HELD
IN Charleston ; and for other purposes therein mentioned.
WHEREAS, by the unavoidable absence of three of the judges, who were
engaged on the circuit, and by the unexpected death of another of thein, there
was no judge present to hold and adjourn the court of common pleas in
Charleston, on the last return day, being the ninth day of December past ;
whereby, all the proceedings of the said court have been suspended and
discontinued ; and it is absolutely necessary and proper to revive and
continue the same.
I. Be it enacted by the honorable the Senate and the House of Representa-
tives, in General Assembly now met and sitting, and by the authority of the
same, That the said court of common pleas, together with all the business
therein depending, on the ninth day of December last past, shall stand and
be adjourned over unto the next sitting of the said court, which shall be
held in Charleston, as shall be hereinafter particularly directed ; and that
the said court, hereafter to be held in Charleston, under and by virtue of
this Act, shall have all and every the powers, jurisdictions and authorities
OF SOUTH CAROLINA. 251
Acts relating to Courts. A. D. 1789.
whatever, in as full and ample manner as the said court hath or had at
any time hitherto held, used or exercised, before such discontinuance as
aforesaid.
II. And be it also enacted by the authority aforesaid, that all actions,
suits, pleas, and other judicial proceedings whatsoever, commenced, plea-
ded, returned, depending, or having day, in the said court, previous to the
said last return day, or bearing teste as of that day, shall be revived and
continued, and be good and effectual in law, to all intents and purposes, as
if the said court had been actually kept and held in Charleston at the said
last return day ; any law, custom or usage to the contrary thereof notwith-
standing
III. And. he it further enacted, by the authority aforesaid, That the
sheriffs of the several dictricts shall return, on the third Tuesday in March
next, all such writs and other process as could have been returned by them,
if the court had been held before for that purpose in Charleston ; and that
the said returns shall be valid and effectual in law, as if the same had been
made on the said ninth day of December past ; and the court shall hkewise
proceed, on the third Tuesday in March, to draw a jury for the ensuing
court.
IV. And whereas, the holding of the courts of general sessions and of
common pleas in Charleston, in the month of January, at which time the
Legislature is commonly sitting in General Assembly, hath been found to
be inconvenient on that account ; Be it enacted by the authority aforesaid.
That the court of general sessions, heretofore held in Charleston on the
first Tuesday in January, shall hereafter be held on the third Tuesday in
February ; and that the court of common pleas heretofore held on the
second Tuesday in January, shall be held on the fourth Tuesday in Febru-
ary ; and the return daj^ of the said court shall be on the first Tuesday in
January, instead of the second Tuesday in December ; any former law to
the contrary thereof in any wise notwithstanding.
V. And whereas, the Acts passed in the years one thousand seven hun-
dred and seventy-eight, and one thousand seven hundred and eighty-two,
authorizing any one of the judges to hold the courts in the district of
Charleston, have expired ; Be it therefore enacted by the authority aforesaid,
That in future, it shall and may be lawful for any one of the judges of the
courts of general sessions and common pleas of this State, to hold and
preside in any of the courts of general sessions and common pleas for the
district of Charleston ; and each judge is hereby empowered to do all such
acts and things, relative to the said office of judge in such courts, as fully
and effectually as such judge can or may do in any of the circuit courts of
this State ; any law, usage or custom to the contrary thereof notwith-
standing.
VI. And be it fu.rther enacted by the authority aforesaid, That all pro-
ceedings which have been heretofore had in the courts of general sessions of
the peace and common pleas, since the expiration of the aforesaid law,
wherein only one judge has presided, are hereby confirmed, and declared
legal and valid, to all intents and purposes whatsoever.
VII. And be it further enacted by (he authority aforesaid, That in case,
by any unavoidable accidents to the judges, either of the said courts in
the district of Charleston shall fail to be held at the times respectively ap-
pointed for holding the same, the proceedings shall not be thereby discon-
tinued, but the sheriff of the district, or the clerk of such court respec-
tively, for the time being, shall and may adjourn the said court de die in
252 STATUTES AT LARGE
A. D.J 789. Acts relating to Courts.
diem, not exceeding six days, until the said court shall meet ; and in case
the said court shall not meet and sit in six days as aforesaid, the said sheriff,
or the clerk of the courts, respectively, shall adjourn the. same to the next
ensuing court day, to which time all causes then depending shall he continued
over.
VIII. And whereas, doubts have arisen concerning the legality of draw-
ing talesmen to supply the place of such grand jurors as do not appear at
the courts of general sessions of the peace agreeably to summons ; Be it
therefore enacted by the authority aforesaid. That all talesmen who have
been heretofore drawn, and have served, or who shall be hereafter drawn to
serve as grand jurors, at any of the courts of general sessions of the peace.
in any of the districts of this State, shall be deemed and taken as legal
jurymen, as if they had been drawn originally to serve upon such juries.
IX. And whereas, by an Act for establishing a court of chancery, it is
enacted., That every petition or suit, preferred to or instituted in the said
court, shall be finally decided within one year after the same shall have
been preferred or commenced, unless, upon application in full and open
court in term time, and for special reasons to be assigned on account of the
absence of miterial witnesses or of some of the parties, or any other
equitable cause, the court shall think proper to extend the time, (riot exceed-
ing twelve months longer,) for the determination of the suit ; and tvhereas,
it has been found that the time limited by the said Act for the duration of
suits is too short, and productive of inconvenience and expense, when some
of the parties or witnesses arc very remote from the State ; Be it therifore
enacted by the authority aforesaid. That the said courts shall have full
power, on application in term time, and for ..pecial reasons to be assigned
on, and of the absence of material witnesses, or of some of the parties, or
any other equitable cause, to extend the time for the determination of such
suit or petition, (not exceeding twelve months,) longer than the term allow-
ed by the said recited Act.
In the Senate House, the seventh day of March, in the year of otir Lord one thousand
seven hundred and eiglity-nine, and in the thirteenth year of the Independenceof the
United States of Anieiica.
D. DESAUSSURE, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
No. 1454, AN ACT to establish a County and County Courts between Sa-
vannah AND Saluda Rivers, above the Old Indian Boundary.
WHEREAS, the inhabitants of the new ceded lands, between Savan-
nah and Saluda Rivers, above the Old Indian Boundary, as by their petition
to the General Assembly is set forth, have experienced many inconveni-
ences by being annexed to Abbeville county ; which renders it necessary to
establish the same into a separate county.
I. Be it therefore enacted by the honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the
authority of the same, That a county shall be laid off above the old Indi-
an boundary, to be called and known by the name of Pendleton county,
OF SOUTH CAROLINA. 253
Acts relating to Courts. A. I). 1789.
the lines and boundaries of which shall be as follows, namely: — beginning
at Savannah river, and running along the old Indian boundary line, which
divides it from Abbeville county, to Saluda river ; thence up the said river
to the new Indian boundary ; thence along the said boundary line to
Toogaloo river ; thence down the said river and Savannah river, to the be-
ginning ; which said county shall be entitled to county courts, to be holden
on the second Mondays in May, August, November and February ; which
courts shall hold, exercise and enjoy the several powers, jurisdictions and
authorities, as are by law vested in the county courts of this State.
lu the Senate House, the seventh clay of March, in the year of our Lord one thou-
sand seven hundred and eighty-nine, and in the thirteenth year of the Independence
of the United States 'j'i America.
D. DESAUSSURE, Presidentof the Senate.
JACOB READ, Speaker of the House of Representatives
AN ACT FOR GRANTING TO THE CiRCUIT CoURTS COMPLETE, ORIGINAL No. 1474.
AND FINAL JURISDICTION, AND FOR REGULATING THE SAME.
WHEREAS, the Act for establishing circuit courts, directing all writs
and other process triable in the said courts, to issue from and be returnable P'"eamble,
to the court of common pleas in Charleston, has been found to be grievous
and oppressive to great numbers of the citizens.
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 autho- Original and
rity of the same, That from and after the sitting of the several circuit fi"*' jurisdic
courts next ensuing, the said circuit courts shall, and they are hereby {j°p" g^J:py"( "*
declared to possess, and shall be capable of exercising, the same complete, courts,
original and final jurisdiction, as possessed and exercised by the courts of
general sessions of the peace and of common pleas, now held in Charles-
ton, unless otherwise directed by this Act, according to the customs, usages
and practise of the said courts ; any law, custom or usage to the contrary
notwithstanding.
II. And he it further enacted by the authority aforesaid. That the said
circuit courts shall, and they are hereby required to, be held at the several .„.
times and places, and for the number of successive days, exclusive of Sun- where the
days, as follows, that is to say : — at Georgetown for the district of George- courts of cer-
town, and at Beaufort, for the district of Beaufort, (until the goal directed ^^j'"ii''[,g"I;gy
to be built at Coosawhatchee shall be erected, where the said courts shall
be held at Coosawhatchee Bridge, for the said district of Beaufort,) on the
fifth days of April and November, for six days each ; at Greenville, for the
district of Cheraw, and at Orangeburgh, for the district of Orangeburgh,
on the fifteenth days of April and November, also for six days each; at
Camden, for the district of Camden, and at Cambridge, for the district of
Ninety-six, on the twenty-sixth days of April and November, for ten days
each ; and in case either of the said days appointed for commencing the
courts in the aforesaid districts respectively, shall happen to be Sunday,
the said several courts shall begin to be held on the day following ; Provi-
ded always, and be it enacted by the authority aforesaid, that in case there
254 STATUTES AT LARGE
A. D. 1789. - Acts relating to Courts .
shall be no court held on the days appointed by this Act, it shall and may
be lawful for the clerk of the said court, or his deputy, to open and adjourn
the same from day to day, until the court shall meet, or until the last day
appointed by this Act, on which said last day, he shall adjourn the same
until the next court, to which time all actions then depending shall stand
over.
III. Anil he it further enacted by the authority aforesaid, That all judi-
Execiition, ami cia! process, (executions excepted,) shall and may be issued from any of
[" w't ''^"s*^^*^' ^^^ courts of the respective districts, and to be tested by the clerk of the
and run. court from whence the same shall be issued, and the said process shall and
may be served in any district of the State ; but that all executions shall be
issued from the court of the district in which verdict or judgment shall be
obtained, and served by the sheriff of the district, or his deputy, where the
Clerk's fees, defendant is found or resides; and the said clerks shall, and they are here-
by entitled to, receive the same fees for their several respective services,
as are now allowed by law to the clerks of the several county courts for
their services, and no other ; and shall, and they are also hereby entitled
to, enjoy all the rights, privileges, profits and emoluments, to the said
office belonging, or in any wise appertaining ; and shall be subject to the
same fines, penalties, forfeitures and disabilities, for misbehaviour, as the
clerk of the court of Charleston is now subject ; any law, custom or usage
to the contrary notwithstanding.
IV. And he it further enacted hy the authority aforesaid. That all pro-
Process, when cess issuing from the said circuit courts respectively, shall be made returna-
returuable. j^ig jq ^jjg x\Qx\. court after the date of such process, and shall be returned
by the respective sheriffs into the clerk's office of the said court, four days
previous to the meeting of the same ; and all pleadings thereupon shall be
made up at such court, and be ready for trial at the next circuit court after.
V. And he it further enacted by the authority aforesaid, That the
Clerks to give several clerks of the district courts now in office, or who shall hereafter be
appointed, shall enter into bond with three good and sufficient surities, to
be approved by the Governor and Commander-in-chief, in the sum of two
thousand pounds, for the just and faithful discharge of their duty; which
bond shall be made payable to the treasurers of the State for the time being,
and after being recorded in the office of the court where such clerk is or
shall be appointed to act, shall be deposited in the treasury ; and in case
any of the clerks shall be guilty of any malpractice in the execution of his
trust, the Governor and Commander-in-chief for the time being shall and
may suspend and remove such clerk for such malpractice ; and such clerk,
with his surities, shall be liable to all damages sustained by any person or
persons, in consequence of the malpractice committed by such clerk.
VI. And he it further enacted by the authority aforesaid, That it shall
depude^s^*""' ^^^ "^^^ ^^ lawful for the said several clerks, respectively, to appoint suffi-
cient deputy or deputies, to execute their offices in case of absence or in-
disposition, and for whose conduct the said clerks shall be answerable ;
and the said clerks and their deputies shall take the oath of allegiance,
and the following oath, in open court, and give the surity required above
of them, previous to their entering upon their said several offices ; and if
any person shall take upon himself to act in any of the said offices, without
being duly qualified as aforesaid, he shall forfeit and pay a sum not exceed-
ing five hundred pounds, to be recovered by any person who shall sue for
the same.
OF SOUTH CAROLINA 255
Actf relating to Courts. A.I). 1789.
The Oath of the Clerk or his Deputy.
I, A B, do solemnly swear or affirm, (as the case may be,) that I ^villQ.^jj^
well and faithfully do and perform the several duties enjoined me by laws
now passed, or which shall hereafter be passed, as clerk, or deputy clerk,
of the district court of according to the best of my knowledge and
ability ; that I will make a true and perfect entry and record of all orders
and proceedings of the said court, without fraud or deceit; and that I will
not take any other or greater fees than such as are allowed by law. So
help me God.
Whereupon, the said clerks and their deputies shall make a fair entry
of their commissions and deputations in the record books of their respective
district courts, and shall make also an entry of the day on which they shall
have so respectively qualified.
VII. And be it further enacted by the authority aforesaid. That none
of the clerks of the said courts, or their deputies, nor either of them, shall ^1^,.^ „(,( ,o
sit as a justice in a county court, or act as an attorney or solicitor therein, act as justice
or in any other court ; and the said clerks or their deputies shall, and they*"" """""ney-
are hereby obliged to, reside at the place where the court is usually held
in their respective districts.
VIII. And be it further enacted by the authority aforesaid. That none
of the fees allowed by law shall be payable by any person whatsoever, until Fees,
there shall be produced to the person owing or chargeable with the same,
an account in writing, if demanded, containing the particulars of such fees,
signed by the sheriff, clerk or other officer to whom such fees shall be due,
or by whom the same shall be chargeable respectively ; in which said bill
or account shall be expressed, in words at length, every fee for which any
money is or shall be demanded ; and the officer receiving such fee shall
give a receipt for the same, if required ; and a list of fees shall be hung up
in some conspicuous place in the said respective offices.
IX. And be it further enacted by the authority aforesaid , That all and
every person or persons shall and may, at all times of the day, frornQj^pg hours.
nine o'clock in the morning till four o'clock in the afternoon, (Sundays
excepted,) have free access to any of the clerk's offices in the respective
districts ; and that every person shall pay to the clerks for each search for
every docketed judgment, six pence.
X. And be it further enacted by the authority aforesaid , That this Act
shall not extend to any suits or actions which have been commenced, or This Act not
which shall have day in any of the said courts, before the sitting of the ^°^^^ X'eady
several courts next ensuing in their respective districts, but that all such commenced,
actions and suits shall and may be proceeded in and determined in the
same manner as if this Act had never been made.
XI. And lohereas, great damages and mischiefs happen, as well to
persons in their lifetime, but oftener to their heirs, executors and adminis- A ^^^^'^^^'jl^g ^^
trators, and also to purchasers and mortgagees, by judgments entered upon be recorded,
record in the clerk's office in Charleston, against the persons who are de-
fendants, by reason of the difficulty there is in finding out such judgments;
for remedy whereof. Be it enacted by the authority aforesaid, That the
clerks of the several district courts of common pleas in this State, (Charles-
ton district excepted,) shall, on the the fifteenth day of January next ensu-
ing, and so on the fifteenth day of every January thereafter, and on the
fifteenth day of June, which will be in the year of our Lord one thousand
seven hundred and ninety, and so on the fifteenth day of every June there-
after, make out, or cause to be made out, and put into an alphabetical
256 STATUTES AT LARGE
A. D. 1789. Acts relating to Courts.
docket, by the defendants's names, which said docket shall be officially sub-
scribed by the clerks of such respective court, and sealed with the seal
thereof, a particular account of all judgments entered in the said respective
courts, for the terms immediately preceding the days mentioned above for the
returns of the judgments as aforesaid ; and the docket mentioned as afore-
said shall contain the name and names of the defendantand defendants, his,
her and their place or places of abode, and title, trade or profession, (if any
such be in the record of the said judgment,) and the debt, damages and
costs recovered thereby, and in what district the respective actions were
laid, and the number roll of the entry thereof; which said abstract of
judgments shall be transmitted by the several clerks of the said several
districts, to the clerk of the court of common pleas in Charleston, to the
end that the same may, by the clerk of the court of common pleas in
Charleston, be entered of record and fairly copied into books to be kept
for that purpose, which the said clerk is hereby directed to do.
XII. And he it further enacted by the authority aforesaid. That
if any of the clerks of the courts aforesaid shall omit or neglect to do his
ena ty. duty in the premises, he shall forfeit and pay the sum of two hundred
pounds, the one moiety to the party or parties aggrieved, and the other
moiety to him or them who shall sue for the same in any of the district
courts of this State.
XIII. And he it further enacted by the authority aforesaid, That the
clerk of the court of Common Pleas in Charleston, shall docket all judg-
ments obtained in the court of Common Pleas in Charleston, in Charleston
district, in the same form and manner as is above directed and prescribed
for him to docket the abstract of judgments returned him from the clerks
of the other courts.
XIV. And he it fmtlier enacted by the authority aforesaid. That no
Judgments not judgment not docketted and entered in the books of the clerk, at the seat
dockefted, of Qf aovernment, shall effect any property, real or personal, as to purchasers
noavail.except "=, ', r--.!- i. j--
in the district. •5'" mortgagees, or have any preterence against heirs, executors or adminis-
trators in their administration of their ancestors, testatators or intestates
estates, except the property real and personal within the particular district
where such judgment shall be entered up.
XV. And he it further enacted by the authority aforesaid , That nothing
in this Act shall extend, or be construed to extend, to prevent any persons
Motion for new ^j^^ shall think themselves aggrieved by any proceedings in the said district
courts, from moving for a new trial or arrest of judgment, under such res-
trictions and in such manner as the judges may think proper to establish by
the rules and orders of court.
XVI. And he it further enacted by the authority aforesaid. That in case
any person or persons shall think themselves aggrieved by the judg-
Appeals. ment or sentence of the justices of the county court, or any person or
persons possessing the powers and authorities of Ordinary, it shall and may
be lawful for such person or persons to enter an appeal from such judgment
or sentence to the court of Common Pleas of the district in which such
judgment or sentence shall be given ; Provided, the said appeal be entered
in the same county court in which the judgment or sentence shall be given,
or within twenty days after judgment or sentence by the Ordinary, where
no county courts are established, proof being made, to the satisfaction of
the said Ordinary, of the adverse party having notice thereof; and the said
court of Commun Pleas shall hear and determine the said appeals, accord-
ing to the customs, usage and practice in cases of appeals from the county
courts.
OF SOUTH CAROLINA. 257
Acts relating to Courts. A. D. 1790.
XVII. And be it further enacted by the authority aforesaid, That nothing
herein contained shall be construed to extend to displace any of the persons
who are now clerks of the circuit courts, they giving security as this Act
directs.
In the Senate Housn, the. tliirteenth rlay of March, in the year of our Lord one thousand
seven hundred and eighty nine, and in tlie thirteenth year of the Independence of the
United Slates of America.
D. DESAUSSURE, President of the Senate.
JACOB READ, Speaker oj the House of Representatives.
AN ORDINANCE to prolong the time of the sitting of the Court No. 1476.
OF Common Pleas, next November, at Cambridge ; and to oblige
Sheriffs and Goalers of the several counties where Courts
are held, to receive any prisoners which may be committed
to their charge.
WHEREAS, from the increase of the business and suits pending in the
court of Common Pleas, in the district of Ninety-Six, it is become neces-
sary to prolong the time for holding that court ;
I. Be it ordained 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 judge who shall preside in the courts of General Sessions
and Common Pleas at Cambridge, next November, shall and may, and he
is hereby authorized and empowered to, hold the said courts, and to ad-
journ df die in dinn until the business of the said courts shall be completed ;
Provided ner.vthehss, that the said sitting shall not exceed a longer time
than twenty -eight court days.
II. And be it furthvr ordamul by the authority aforesaid, That every one
of the judges, at the next April court, may draw as many several juries as
shall be thought wanting, to try all such causes as shall be at issue in No-
vember next, at Cambridge, and to make such other arrangements for the
expediting the said business, as he in his discretion shall think proper ;
provided., that no jury shall be detained longer than one week at the said
court, unless such jury shall not have agreed on their verdict.
III. And be it further ordained by the authority aforesaid, That each
and every sheriff and goaler to whom the custody of any district or county
goal within this State has been or shall be committed, is hereby authorized
and required to receive into, and safely keep in such his goal, until deliver-
ed by due course of law, any person or persons who shall be committed
thereto by a warrant signed by any judge or justice of the United States,
or of this State, under the penalty, for such refusal, of fine or imprison-
ment, or both, as may appear proper in the discretion of the court.
In the Senate House, the twentieth day of January, in the year of our Lord one thou-
sand seven hundred and ninety, and in the fourteenth year of the Independence
of the United States of Ainerira.
D. DESAUSSURE, President of the Senate.
JACOB READ, Speaker of the Hotise of Representatives.
VOL. VII.— 33.
STATUTES AT LARGE
Acts relating to Courts.
No. 1490. AN ACT to establish a court of Equity within this Statb.
Preamble.
Former laws
continued.
Courts, when
to sit.
Testimony to
be taken in
open court.
Master and
commispioners
to give bond.
Comm'rs to be
appointed.
WHEREAS, by the Constitution of this State, it is declared that the
judicial power shall be vested in such superior and inferior courts of Law
and Equity as the Legislature shall from time to time direct and establish :
and whereas, it is expedient that a court of Equity, with adequate powers, be
established in this State :
I. Be it therefore enacted by the Honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au-
thority of the same. That the laws now of force for establishing and regu-
lating the court of Chancery within this State, be, and they are hereby de.
clared to be and continue, of force in this State, until altered or repealed by
the Legislature thereof; subject, nevertheless, to such alterations, amend-
ments and restrictions, as are hereinafter directed.
n. And whereas, great inconveniences have been experienced in the
remote parts of the State, on account of the court of Chancery having
been hitherto held in one part of the State only ; in remedy thereof. Be it
enacted. That all future sittings of the court of Equity, for the full and
solemn hearing of causes, shall be held at the times and places hereinafter
directed, that is to say : at Columbia, for all causes wherein the defendant
shall reside in Camden, Orangeburgh or Cheraw districts, on the fifteenth
days of May and December; at Cambridge, for all causes wherein the de.
fendant shall reside in the district of Ninety-Six, on the fifth days of May
and December ; and at Charleston, for all causes wherein the defendant
shall reside in either of the districts of Charleston, Beaufort or George-
town, on the second Monday in March, the second Monday in June, and
the third Monday in September ; and the same days in every succeeding
year ; and that the court shall continue to sit from day to day, (Sundays
excepted,) at Columbia and Cambridge, respectively, until all the causes
which shall be brought before them shall be heard ; provided, the time of
their sitting shall not exceed six days at each place ; and at Charleston,
till all the business ready for the said court shall be heard.
HI. And tulicreas, it will be conducive to the more perfect investigation
of truth, that the testimony of witnesses be taken in open court, in presence
of the parties ; Be it therefore enacted by the authority aforesaid, That the
examination of all witnesses who may be called upon to give evidence in
the said court, shall be taken by word of mouth, in open court, subject to
such regulations and exceptions as the said court may from time to time
order and direct.
IV. And be it fo,rther enacted by the authority aforesaid. That the mas-
ter of the court of Equity for the district of Charleston, Georgetown and
Beaufort, shall give good and sufficient security, to be approved of by the
Governor or Commander-in-Chief for the time being, for the faithful dis-
charge of his duty, in the sum of five thousand pounds sterling ; which said
bond, and any other bond to be given by the commissioners to be appointed
by virtue of this Act, shall be deposited in the office of the Secretary of the
State, and be liable to be sued on by any party aggrieved by the misfea-
zance or default of the said master, or any of the said commissioners, res-
pectively.
V. And he it enacted by the authority aforesaid. That there shall be,
in each and every of the districts aforesaid, one commissioner, who shall
be commissioned and appointed by the Governor or Commander-in-chief
for the time being, during good behavior, and who shall give security, to
be approved of by the Governor, in the sum of one thousand pounds, well
OF SOUTH CAROLINA. 259
Acts relating; to Courts. A. D. 1791.
Their duties.
and faithfully to administer his office, whose business it shall be to file and
keep all bills, answers and papers whatever, relating to any cause depend-
ing in any of the said districts, respectively; swear and examine all witness.
€s, where necessary or ordered by the cnurt, upon interrogatories and cross-
interrogatories, who may be brought before any of them, touching any mat-
ter or thing depending or to be commenced in any of the said several and res-
pective districts ; swear defendants to answers ; take recognizances and afB-
davits ; and to do and perform all other matters and things which are usu-
ally done either by the master or register of said court, previous to the
hearing of any cause: Provided always, that where it may be necessary
to examine aged, sick or infirm persons, or witnesses out of the State, then,
and in every such case, it shall and may be lawful for the said court to issue
out one or more commission or commissions to examine the said witnesses
upon interrogatories, whose depositions, when taken, shall be read in evi-
dence in any of the districts within this State.
yi. And he it further enacted by the authority aforesaid. That the
said commissioners, in their said several and respective districts, shall at-
tend at the sitting of every court to be held in and for the said several dis-
tricts, and shall there take and enter down orders and minutes thereof, and
make up and report upon all mattets and things referred to them by the
said court, and shall also make all sales under the decree of the said court.
yil. And be it further enacted by the authority aforesaid, That the
said commissioners, respectively, shall be entitled to receive for their servi- Their fees.
ces aforesaid, the same fees, perquisites and emoluments as are or may be
fixed and established by law for the master or register of said court, for
similar services.
VIII. And lohereas, in cases under the value of one hundred pounds, and p
in cases which may not be litigated, it may be unnecessary to proceed by peTitiou '"" ^^
bill and answer in the said court ; Be it therefore enacted by the authority
aforesaid, that in all such cases it shall and may be lawful for the parties
complaining, to present his or their petition to the said court, on oath, set.
ting forth the true nature of the case, or sum really due ; a copy of which
said petition shall be served on the opposite party, at least thirty days before
the sitting of the court, with notice thereon to appear at a certain day in
court, in order to answer, if necessary, the contents of said petition : and
if the party so served with a copy of" said petition, shall not appear at the
time and place in the said notice mentioned, or, if appearing, shall not offer
.some substantial defence, then the said court shill proceed to make such
©••der or decree therein as to justice and equity shall appertain ; Prorided
always, that if the defendant or defendants should appear at the return of
said petition, and shew sufficient reasons to the said court, on oath, for going
into a more ample investigation of the case, then and in every such case,
the said parties shall and may be at liberty to go into the examination of
witnesses, to prove and substantiate their respective allegations, as in other
cases.
IX. And be it Jurthcr enacted by the authority aforesaid. That the judges
of the said court are hereby authorized and required to make and establish
all such rules, orders and regulations as may be necessary for the better and
more effectually carrying into execution the terms of this Act, for the be-
nefit of the citizens of this State.
X. And he. it further tnacted by the authority aforesaid. That it shall and
may be lawful for any one of the judges of the said court, to hear all mo,
tions, and to make all orders necessary in any cause, previous to the hear,
ing and making the final decrae.
•260 STATUTES AT LARGE
■'^■Ji'llf^' "^^^* relating to Courts.
XI. And he it further enacted by the authority aforesaid, That the judges
shall cause the principal facts and reasons on which they found their decree
in each cause, to appear upon record.
XII. And he it further e?tactcd hy the diXithoYiij n^oxesniA, That suits in
equity shall not be sustained in any case where plain and adequate remedy
can be had at common law.
XIII. And he it further enacted, by the authority aforesaid, That all suitors
and defendants in the court of Equity, may do their own business, without
application to any counsellor or solicitor of the court.
XIV. A?id he it further enacted by the authority aforesaid, That each and
every of the judges of the court of Equity shall ride the circuit, unless
prevented by sickness or unavoidable accident.
In the Senate House, the nineteenth day of February, in the year of our Lord one
thousand seven hundred and ninety-one, and in the fiUeenth year of the [ndepen.
deuce of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
No. 1491. AN ACT to amend the several Acts for establishing and regu-
lating THE Circuit Courts throughout this State.
WHEREAS, the several Acts establishing and regulating Circuit
Courts within this State, require amendment; therefore,
I. Be it enacted, by the honorable the Senate and House of Representa-
Powers of the tives, now met and sitting in General Assembly, and by the authority of
Buprriorcourts ^, mi . ^i ■ ,. , ■ ■ , "^ , • ^^ , ,,
of law. the same, Ihat the superior courts of law throughout this State, shall
have, hold, use and exercise such jurisdictions and powers as are vested
and lodged in them respectively, by virtue of the Acts of Assembly fra-
ming and constituting them ; the court in each district possessing and
being capable of exercising the same complete, original, and final juris-
diction, as is possessed and exercised by the courts of general sessions of
the peace, and of common pleas, heretofore established and held in Charles,
ton district, according to the former usage, practices and customs of the
said courts, except where altered by law, and in points of practice by the
rules of court, from time to time made by the judges thereof.
II. And be it further enaded by the authority aforesaid, That from and
.to"be'heW.^" after the next sitting of the said courts through the present districts
of the State, agreeably to the existing laws, the superior courts of
general sessions and common pleas shall be held at the times and places
hereinafter directed, (that is to say,) the courts of general sessions in and
for the district of Charleston, shall be held at the city of Charleston, for
the trial of all otlences committed within the said district, on the third
Monday in January, May and September, in each year, and shall continue
to sit until all the business ready for trial be dispatched, or until the end
of the term : And the courts of common pleas in and for the district of
Charleston, shall be held at the city of Charleston, for the trial and deci.
sion of all civil pleas or actions therein legally depending, on the fourth
Monday in January, May and September, in each year, and shall continue
OF SOUTH CAROLINA. 201
Acts relating to Courts. A, D. 1791.
to sit until the business ready for trial or hearing be dispatched, or until
the end of the term : And the courts of sessions and common pleas lor
the other districts, shall hold pleas of all causes, civil and criminal, within
their respective limits, as follows, (that is to say,) at Coosawhatchie and
Georgetown, on every first day of April and November; at Orangeburgh,
on every eighth day of November and tenth day of April ; and at the
Cheraws, on every tenth day of April and November ; at Cambridge, on
every sixteenth day of November and eighteenth day of April ; and at
Camden, on every nineteenth day of April and November ; in Pinckney
district, at such place as may be appointed by the commissioners herein-
after nominated, on every first day of April and November; and in
Washington district, at such place as may be appointed by the commis-
sioners hereinafter nominated, on every tenth day of April and November;
provided, that if any of the above mentioned " days shall happen to be
on Sunday, the said courts shall begin on the day following ; and each of
the said courts shall sit from day to day, not exceeding four days at
Coosawhatchie in November and six days in April, and not exceeding six
days in Orangeburgh, Pinckney and Washington, and ten days in Ninety-
Six district, in April and November, and not exceeding six days at
Georgetown and Cheraws, and ten days at Camden, in April and Novem-
ber, or until the business of the said courts, respectively, shall be dispatch-
ed, if all the business can be determined in that time, but if it cannot,
then what shall remain unfinished shall be continued or adjourned over to
the next court.
III. And be it further enacted by the authority aforesaid, That the
courts of general sessions of the peace, of oyer and terminer, assize and Districts laid
general gcal delivery, shall have cognizance and jurisdiction of all pleas o^-
criminal, where the offence shall be committed within the Hmits of the
respective districts, and the said courts of common pleas, of all civil pleas
or actions, in those of the following districts wherein the defendants may
reside, be arrested or taken, by process or warrant, and the same shall be
heard, tried and determined at the said courts, respectively, that is to say,
the said courts at Charleston, of all offences committed^ within that dis-
trict, and of all such pleas or suits civil, in which the defendants shall
reside, be arrested or taken, in Charleston district, which district shall in-
clude all places within the south branch of Santee river and Combahee
river and the sea, including the islands, by a line drawn from a place call-
ed Nelson's ferry, directly towards Matthew's blufl^, on the Savannah river,
until it intersects the swamp at the head of the south branch of Combahee
river : The said courts at Coosawhatchie, of all such offences and pleas
within Beaufort district, which shall include all places to the southward of
Combahee river and the swamp aforesaid, between the sea (including the
islands) and the line to be continued from the main swamp aforesaid, to
Matthews's bluff", on the Savannah river : The said courts at Orange-
burgh, of all such pleas, civil and criminal, within Orangeburgh district,
which shall include all places between the Savannah, Santee, Congaree,
and Broad rivers, the said line from Nelson's ferry to Malthews's bluff", and
a direct line to be run from Silver bluff, on the Savannah river, to the
mouth of Rocky creek, on Saluda river, and thence in the same course to
Broad river: The said courts at Georgetown, of all such pleas, criminal
and civil, within Georgetown district, which shall include all places be-
tween Santee river, the sea, (including the islands) and the line which
divides Saint Marks's from Prince Frederick's parish, which shall be con-
tinued in the same course across Pedee to the North Carolina boundary :
26*2
STATUTES AT LARGE
A. I). 1791.
Acts rdatins to Courts.
and their
powers
The said courts at the Cheravvs, of all such pleas, criminal and civil, with-
in the Cheraw district, which shall be bounded by the State boundary and
the line dividing Saint Marks ''s and Prince Frederick's parishes, continued
till it intersects the northern State line, and by Lynch's creek and a line
drawn from the head of that creek upon a course north thirty degrees
west, until it intersects the State line : The said courts at Camden, of
all pleas, criminal and civil, within Camden district, which shall include
the counties of Lancaster, Kershaw, Claremont, Clarendon, Richland and
Fairfield : The said courts in the district of Pinckney, of all pleas, crimi-
nal and civil, within the district of Pinckney, which shall include the
counties of Chester, Spartanburgh, Union and York, except that part of
York county laying on the east side of the Catawba river, and on the South
east side of Sugar creek, which shall remain in Camden district, and be
annexed to Lancaster county : The said courts at Cambridge, of all pleas,
criminal and civil, within the district of Ninety-six, which shall include
the counties of Abbeville and Edgefield, Laurens and Newberry : The
said courts in Washington district, of all pleas, criminal and civil, within
the district of Washington, which shall include the counties of Pendleton
and Greenville.
IV. And be it further enacted by the authority aforesaid. That the
Judges, how to chief justice and associate judges of this State for the time being, chosen
be appointed, by the Legislature, and in case of the sickness or absence of any of them,
any person for that time commissioned and appointed for that purpose by
the Governor or Commander-in-chief of this State, shall be judges of the
courts hereby established ; and they, or any one of them, shall and may
have, hold and exercise the same powers and authorities, respectively,
touching all matters within the limits of their jurisdiction aforesaid, as the
said courts have or may exercise, under and by virtue of the laws and
constitution of this State, and the constitution of the United States : And
the said courts may, from time to time, make such just and reasonable
rules and orders for the more regular and convenient conducting and effec-
tual dispatch of business therein, as to them shall seem necessary and
proper : And in case there shall be no court held on the days appointed
by this Act, it shall and may be lawful for the clerk of any of the said
courts respectively, or his lawful deputy, to open and adjourn the same
from day to day, until the courts shall meet, or until the last day appointed
for holding the same, on which said last day, he shall adjourn the same
until the next court, to which time all actions then depending shall stand
over.
V. And he it further enacted by the authority aforesaid. That all judicial
process (executions excepted) shall be tested in the name of the chief
justice of the State, and in case of the vacancy of the chief justiceship,
in the name of the senior associate judge, and shall and may be issued
from and signed by the clerks of any of the said courts, under the seal
of the court ; and the said process shall and may be served in any district
of the State ; and in all cases where there shall be two or more defendants
in one action, residing in different districts, it shall be at the option of the
plaintiff to try his cause in the district where any one of the defendants
shall reside, be arrested or taken; but all executions shall be issued from
the court of the district in which verdict or judgment shall be obtained,
and shall be tested in the name of the chief justice ; and in case of the
vacancy of the chief justiceship, in the name of the senior associate judge,
and signed by the clerk thereof, and served by the sheriff of the district,
Process, how
to issue.
OF SOUTH CAROLINA. 263
Acts relating to Courts. A.D, J79l.
or his deputy, where the defendant is found or resides, or where his property
may be found.
VI. And be it further enacted by the authority aforesaid, That all writs
or mesne process and executions that shall be issued by or from the court of w>its when
common pleas, in and for the district of Charleston, shall be made return- returnable, &c.
able to the court thereof, on the first Tuesday in January, the fourth Tues-
day in March, and the third Tuesday in August ; and all writs and execu-
tions that shall be issued by or from the courts in the other districts, shall
be made returnable to the clerk thereof, thirty days next before the sitting
of the court to which the}' are made returnable ; and the sheriffs shall make
certain return thereof, on the respective days hereby directed, to the said
clerks, whose duty it shall be safely to deliver them to the plaintiff's attor-
nies in the several suits so commenced and prosecuted ; and the plaintiff
shall, on the return of such writs, proceed to file his declaration during the
sitting of the court next after the writ is returnable, or at any time after,
until the next succeding court, and shall take judgment by default, against
the defendant in said suit, unless an appearance has been regularly entered
by the defendant's attorney, with the clerk of the court, during the sit-
ting of the said court ; and the defendant, if he puts in an appearance as
aforesaid, shall and may put in his plea, in writing, with the clerk of the
said court, within one month after the declaration is filed, or judgment may
be taken by default.
VII. And he it further enacted by the authority aforesaid. That the she-
riff of each of the said districts shall be obliged, at the expiration of his „, .„
office, to turn over to the succeeding sheriff all such writs and process as over unfinished
shall remain in his hands unexecuted, in the manner prescribed by the Act business to his
"for establishing courts, building goals and appointing sherifis and other '^"'^'^^'^'^'"^'
officers, for the more convenient administration of justice in this (then) Pro-
vince," passed the twenty-ninth day of July, one thousand seven hundred
and sixty-nine ; and also all executions whereon he hath not made actual
sale of the property levied by virtue of such executions to the amount of the
demands of the plaintiffs in such suits.
VIII. And he it further enacted by the authority aforesaid. That no sheriff
of any district or county or city, no master or commissioner in equity, no Officer not to
commissioner of the loan office, or treasurer, shall be concerned or interes- i'Y*^''^''^ *•
ted, directly or indirectly, in the purchase or acquisition of any property ij'imgeif. ^
sold by them, respectively, by virtue of or in obedience to any process,
execution, order of court, or law ; and if any such officer shall presume to
be concerned or interested in any such purchase or acquisition, at any sale
by him made, he shall, on conviction thereof, be deprived of his office,
and the purchase so made shall be utterly void and of no effect.
IX. And to prevent unnecessary delays and private sales, to the preju-
dice of honest debtors and creditors : Be it further enacted by the authority S'l'ss, how
. '^ lind when to b6
aforesaid. That no district sheriff shall sell any property in any private mude.
or retired part of his district, but he shall sell the same on the first Monday
(and if the sales commenced on that day cannot be concluded on the same,
they may be finished on the day following, at the same hours,) in each
month, between the hours of eleven and three, in Charleston district, and
eleven and five in the other districts, at such places in each and every dis-
trict as the judges of the court of common pleas shall appoint, and at no
other time or place whatsoever ; and all notices of sale by the sheriff of
Charleston district, shall be published three times in the State gazette, or
any other gazette, and at three notorious public places in the said district ;
Sheriff to make
264 STATUTES AT LARGE
A. D. 17 9 1 . Acts relating to Courts.
and the sheriffs for all other districts in this State shall publish all notices
of sale at the court house of the district, and two other notorious places in
the district, and in the most public places of the neighborhood from which
the property was taken.
X. And he it further enacted by the authority aforesaid. That each of
the said sheriffs shall be bound to make return of the executions lodged
return. '" "" in his office, on oath, within ten days after the return day, with a full and
particular account of the levies or sales by him made, and of the money in
his hands.
XI. And be it further enacted, by the authority aforesaid. That at what-
ever stage any suit may cease or determine, the attornies, clerks and she-
Fees ^.^^ s\\di\\ have their fees taxed ; and on non-payment thereof, execution
may be issued against the party from whom they are due, and be lodged
with the sheriffs of the respective districts, and returnable at the ensuing
return day ; and the sheriff, for his trouble in collecting such fees, shall be
allowed a commission of two and one half per cent, to be paid by such de-
faulter.
XII. And he it further enacted by the authority aforesaid, That Col.
Co'nmis-=ioners Edward Lacy, Col. William Farr, James Martin, Col. William Bratton,
appointed. Bavlis Earle, Esq., and William Smith, Esq., for Pinckney district, and
Gen. Andrew Pickens, Col. Robert Anderson, Capt. Robert Maxwell, and
Mr. JohnBowen, Mr. James Harrison, Maj. John Ford, and John Hallum,
for Washington district, shall be, and the same are hereby nominated and
appointed, commissioners to agree for and superintend the building of goals
and court houses in their respective districts, and for the purchase of land
in such places, for the immediate erection of the said buildings, as the ma-
jority of the respective commissioners shall see most fit and convenient in
each district ; and that provision for building the said goals and court
houses, and for the purchase of land necessary for the erection thereof, shall
be provided by a general tax.
XIII. And he it further enacted by the authority aforesaid. That this
This Act, when Act shall not extend to any actions which shall be commenced before the
to take effect, eighteenth day of November next, but all such actions and suits may be
proceeded in and determined in the same manner as if this Act had never
been passed.
XIV. And for the speedy determination of the causes now depending in
Ninety-Six dis- the district of Ninety-Six, according to its former boundaries. Be it further
trict, nn?im9\\. enacted hy the authority aforesaid. That two of the judges of the superior
h^'to "bTadjudi" ^*^"'"*^^ ^^ ^^^^ ^'^'^'^ ^^^ ^^^ ^''^ hereby, authorized and directed to attend
cated. at Cambridge, in the months of April and November, at the times fixed for
holding the courts in the said district, and shall hold the said courts of ses-
sions and common pleas at the same time ; one of whom shall preside in
the court of general sessions, and the other in the court of common pleas;
and the judge holding the court of common pleas shall, and he is hereby
directed to, continue trying the causes at issue, and on the docket, day by
day, during each of the said terms, for the space of fifteen days, if the
business then at issue and ready for trial shall require so long a time for the
dispatch thereof.
XV. And be it further enacted by the authority aforesaid, That sheriffs
y. ._ and clerks shall be appointed immediately after the passing of this Act, (in
appointed in ^ the manner they are appointed for the other districts,) for the new districts
the new dis- hereby formed, and they shall perform all the duties, be liable to all the
*"'^'''- penalties, and enjoy all the emoluments, to which the sheriffs and clerks of
OF SOUTH CAROLINA. 265
Acts relating to Courts. A.D. 1791.
the other districts are hable or entitled ; and they shall immediately enter
upon the execution of their respective otfices, so far as may be consistent
with this Act ; and the sheriffs of the said districts shall also form jury
lists, agreeably to law, from the last tax returns for their respective districts,
and shall lay the same before the judges who shall attend and hold the
court at Cambridge in November next, who shall cause juries to be drawn
in the manner prescribed by law ; and the sheriffs of the respective districts
shall summon the persons whose names are so drawn, to attend at the places
where the courts shall ba held in the said districts, in the month of April,
one thousand seven hundred and ninety-tvvo ; and such jurors shall be liable
to the same penalties for non-attendance as jurors now by law are subjec-
ted to ; and the judges of the court of sessions and common pleas shall
proceed to hold the courts within the new districts of Pinckney and Wash-
ington, on the first day of April and November, one thousand seven hundred
and ninety-two, in Pinckney district, and on the tenth day of April and No-
vember, one thousand seven hundred and ninety-two, in Washington district,
and on the days herein fixed in each succeeding year ; and the said courts
shall be courts of record, and ail persons necessarily going to and attend-
ing on or returning from the same, shall be freed from arrests in any civil
action.
XVI. And he it further enacted, by the authority aforesaid. That when a
prisoner shall be discharged, by reason of the non-attendance of the proso- f'nsoner ac-
. .... ouitttiu ireed
cutor, or on account of a bill presented against him bemg rejected by the f^om costs.
grand jury , or by reason of an acquittal by the petit jury, such prisoner shall
not be bound or liable to pay any charges which may have been incurred
in his or her apprehension, detention or prosecution, but the same shall be
paid out of the fines and forfeitures received by the proper officers of the
court.
XVII, And he it further enacted by the authority aforesaid, That when-
ever the judges who preside in the court of common pleas in Charleston, °'^®"
are about to draw jurors to be summoned for the next succeeding court,
they shall draw, or cause to be drawn, in the manner prescribed by the jury
law of this State, the names of twenty persons, in addition to those here-
tofore drawn, to serve in the court of common pleas: and the persons so
drawn shall be summoned to attend, in the usual manner, and shall be en-
titled to all the privileges and benefits, and subjected to all the penalties, of
other jurors ; and out of the whole numbers drawn and summoned, two ju-
ries shall always be formed, whose duty it shall be well and truly to try all
the issues with which they may be charged, and execute all the writs of
enquiry which may be delivered to them, respectively.
In the Senate House, the ninetpenth day of February, in the year of our Lord one
thousand seven hundred and ninety one, and in the fifteenth 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.
VOL. VII.— 34.
266 STATUTES AT LARGE
A. U. 1791. Acts relating to Courts.
No. 1492. AN ACT to amend the several Acts for establishing County
Courts, and for regulating and amending the proceedings
therein; and for suspending the County Courts in the Dis-
TRICTS OF OrANGEBURGH AND BeAUFORT ; AND ASCERTAINING THE
duties OF Justices of the Peace throughout the State.
WHEREAS, experience has proved that the present mode of transact-
ing business in the county courts, is unfavorable to the equal, impartial and
steady administration of justice.
I. Be it therefore enacted by the honorable the Senate and House of Rep-
County courts resentatives, now met and sitting in General Assembly, and by the autho-
to be held by 3 rity of the Same, That county courts be, and are hereby, established and
judges. shall be held in the counties of Edgefield, Abbeville, Pendleton, Green-
ville, Laurens, Newberry, Spartan, Union, York, Chester, Fairfield,
Richland, Lancaster, Kershaw, Claremont, Clarendon, Marlborough, Ches-
terfield and Darlington, on the days hereinafter appointed for each county
respectively, (and county courts shall be held at no other time or place ;)
and the county courts hereby established shall be held and administered
by three judges or justices of the county courts, to the trial of small and
mean causes, and who shall be elected by a joint nomination of the Senate
and House of Representatives, and be qualified as is directed in an Act
entitled "An Act for establishing county courts, and for regulating the
proceedings therein ;" and if any vacancy shall happen by death, resigna-
tion, removal, or otherwise, the Governor or Commander-in-chief for the
time being shall nominate and appoint other fit and proper person or per-
sons to fill such vacancy, until the next meeting or sitting of the Legisla-
ture, when such appointment shall be annulled or confirmed; any two of
whom shall have full power and authority to hear and determine all
causes, matters and controversies, referred by law to their jurisdiction.
n. And be it further enacted by the authority aforesaid, That the
P we s f theJ"'^S^^ of the county courts shall, at the several times and places appointed
courts, when by law, hold, in their respective counties, courts twice in each year, for the
and where to trial of causes, matters and things, bv law referred to their jurisdiction :
' ' which courts shall contimie open and sit ten days, exclusive of Sundays,
at each term, unless the business thereof be sooner finished ; and shall hear
and determine all causes, matters and controversies appertaining or in any
wise belonging to their jurisdiction ; and that there shall be two intermediate
courts held in each county by one or more of the said judges ; the business
of which courts shall be confined to the granting of tavern licenses, ap-
pointing commissioners and overseers of roads and bridges, business rela-
tive to the poor of the county, and to the exercise of any other powers vested
in them by law; the regulation of the police of their respective counties,
when a judicial decision between individuals is not required or necessary ;
and that each of the said courts shall be held four days at each term, unless
the business should sooner be finished ; and that the courts be held for the
respective counties herein mentioned, on the following days, to wit : — for
the counties of Union and Richland, on the first Mondays of April and
September ; for the counties of Spartan and Fairfield, the second Mondays
of April and September ; for the counties of Pendleton and Chester, on
the third Mondays of April and September; for the counties of Greenville,
York and Marlborough , on the first Mondays of May and October ; for the
counties of Laurens, Lancaster and Chesterfield, on the second Mondays
OF SOUTH CAROLINA. 267
Acts relating to Courts. A. D. 1791.
of May and October; for the counties of Newberry, Kershaw and Darling,
ton, on the third Mondays of May and October; for the counties of
Claremont and Edgefield, on the first Mondays of June and November ;
and for the counties of Clarendon and Abbeville, on the second Mondays
of June and November.
III. And be it further enacted by the authority aforesaid, That the
grand juries, in each of the said counties, shall have equal and concurrent 9''^"''- J"''"*"^
jurisdiction in all cases whatsoever, arising in their respective counties, ^c, ^ '
with the grand juries in the circuit courts ; and where a bill of indictment
shall be found b\' the grand jury in the county court, on any charge of a
higher nature than the county court had cognizance of before the passing
of this Act, the person indicted shall be referred for trial to the next court
of sessions, to be held for the circuit court district in which the offence
is said to have been committed, and the indictment and proceedings there-
on shall be removed to the said court ; and the judges of the said county
court shall bind over all witnesses, either in behalf of the State or the
party accused, to appear at the district court and give testimony at the time
of trial ; but if the bill of indictment shall not be found, the person accused
shall be entitled to his release ; and the county attorney shall be entitled to
such fees for preparing such indictment as are taken by the Attorney-gene-
ral on indictments found in the court of sessions of any district.
IV. And be it further enacted by the authority aforesaid, That in each
and every county where the county courts are established, no suit shall j"gj^^gj|^"°"
be brought by any writ or process returnable to any other court of law in this
State, for any sum of money less than fifty pounds sterling, due on any
judgment, bill, bond, note or account, liquidated and signed by the hand-
writing of the defendant, nor on any open account, for any sum less than
twenty pounds sterling ; and if any such suit or suits shall be brought con-
trary to the true intent and meaning of this Act, or to evade the operation
of this Act, the same shall, on its appearing to the court, on motion of the
defendant or his attorney, be dismissed at the plaintiff's costs ; Provided
always nevertheless, that nothing in this Act contained shall be construed
to extend to prevent any person or persons from bringing his, her or their
suit, action or actions in any of the cases aforesaid, in the circuit or district
court, on any debt, duty, contract, note or account, made or entered into
before the passing of this Act.
V. And be it further enacted by the authority afoiesaid, That an ap-
peal shall be granted in all cases where the judgment of the said court Appeal,
shall exceed the sum of ten pounds, on the party applying for the same
entering into bond, with sufficient security, to prosecute the same with effect,
agreeable to the terms required by the Act entitled " An Act for estab-
lishing county courts, and for regulating the proceedings therein ;'' passed
the seventeenth day of March, in the year of our Lord one thousand
seven hundred and eighty-five; any law, usage or custom to the contrary
in any wise notwithstanding.
VI. And. be it further enacted by ths authority aforesaid, That in every
cause, the plaintiff shall file his declaration on the first day of the court, Declaration
which if he fail to do, the defendant or his attorney may serve the plaintiiTwhen to be '
or his attorney, personally, if present, or otherwise, by posting at the door ^'®'**
of the court house, a rule to file his declaration, which if he fails to do
within two days, on motion of the defendant, he shall benon-pross'd.
VII. A7id be it further enacted by the authority aforesaid, That the
clerk and the sheriff, in each of the respective counties, shall be appointed,
268 STATUTES AT LARGE
A. D. 1791. Actsrelating to Courts. ,
commissioned and qualified, in the same manner as has been heretofore used
in the county courts ; but the sheriff shall continue in office for four years.
VITI. And he it further enactedhy the authority aforesaid, That it shall
Tavern licen- ^"^^ ^^^y ^^ lawful for the said courts to grant letters licenses for retaihngof
ses. spirituous liquors, or keeping of taverns, at any court which may be held in
each year; any law, usage or custom to the contrary notwithstanding.
IX. And he it further enacted by the authority aforesaid, That when
Rometly for g^jjy person or persons shall be injured or aggrieved bv the neffliffence, mal-
ma I praclicc in . . . -, co * o o '
office. practice or misconduct in office of any clerk or sheriff of the county
courts, such person or persons may move the court against such sheriff or
clerk, giving a notice of two days of such intended motion to such clerk
or sheriff, of such application, and of the grounds thereof, in writing ;
whereupon, the court shall forthwith give such order or judgment thereon
as to justice doth belong.
X. And he it further eiiactrd, by the authority aforesaid. That justices
to"leTi'i()i"iT- ^^ ^^^ peace in each county shall be appointed as heretofore, not exceeding
ed, and iheir nine in number, and who shall continue in office for the space of four years,
'^"^"^S' whose duty it shall be to hear and determine all causes, matters and con-
troversies, to which, by law, they have heretofore been made competent ;
they shall hear and determine all actions for debt liquidated by bond, note
or other writing, signed by the hand of the defendant, as far as five pounds,
and all actions on open accounts, as far as three pounds, sterling ; and when
the judgment of any justice or the peace in this State shall be for any
sum less than ten shillings, such justice shall not take or receive any fee
or fees of office, or costs of suit, on such judgment ; and that all suits in
such parts of the State where county courts are established, for the recove-
ry of debts not amounting to more than the sums aforesaid, shall exclusive-
ly be brought before a justice of the peace as aforesaid ; but if either of the
parties shall conceive him, her or themselves injured or aggrieved by the
judgment, decree or sentence of any justice of the peace, where the
debt or demand is for any sum above twenty shillings, such person or
persons may pray an appeal to the first court which shall be held for the
said county, and which appeal shall be granted to such person or persons,
on giving sufficient security to prosecute such appeal to effect, or on failure
thereof, to satisfy the costs and condemnation of the county court ; and the
said county court shall hear and determine said appeal ; but no appeal shall
be tried, unless two of the county court judges or justices, at the least, are
presiding.
XI. And he it further enacted by the authority aforesaid. That the
Powers of the judges of the county courts shall have all the powers and authorities
judges. vested in the justices of the county courts, by an Act entitled " An Act for
laying off the several counties therein mentioned, and appointing commis-
sioners to erect the public buildings."
XII. And whereas, great mischiefs have arisen to the inhabitants of this
Power of justi- State, from the power vested in justices of the peace to try causes which
ces limiu'd. sound in damages; Be it therefore enacted, That no action of trespass,
trover, detinue, slander or trespass, assault and battery, or other action
arising merely from tort and not from contract, shall hereafter be cogniza-
ble by any justice of the peace in this State.
XIII. And he it further enacted by the authority aforesaid, That this Act
shall not be construed to repeal any clause or clauses in the Act for estab-
lishing county courts and regulating the proceedings therein, nor any of
the subsequent Acts of the General Assembly, for altering or amending
OF SOUTH CAROLINA. 269
Acts relating to Courts. ^- ^- '^'^l-
the same, unless such clause or clauses shall be repugnant to or inconsis-
tent with any clause or clauses of this Act.
XIV. A7iil be it further enacted by the authority aforesaid, That it
shall and may be lawful for any judge of the county court, who shall have q^i^..^ how to
taken the oaths prescribed by the constitution and this Act, to administer be ndminister-
the oaths of office to the other judges of the court, and the justices of the^
peace, in the county in which he is a judge ; and a record shall be made in
the acts of court, of the due administration of the said oaths under this
Act.
XV. Anci he it further enacted by the authority aforesaid. That it
shall and may be lawful for any one judge of the county courts to try all Sum Pro.
summary process ; any thing in this Act contained to the contrary thereof
in any wise notwithstanding.
XVI. And be it further enacted by the authority aforesaid, That it shall
and may be lawful for the judges of the county courts to hold the courts
of their respective counties on the days to which they now stand adjourn- when iobe '
ed ; and the clerks of the respective courts may adjourn the court from held, &,c.
day to day; and if no court shall be held and administered, all causes,
matters and controversies then depending before any of the said courts,
shall be, and are hereby, adjourned over to the next court prescribed to be
held by virtue of this Act.
XVII. And to prevent unnecessary and private sales, to the prejudice of
the honest debtor and creditor ; Be it further enacted by the authority Sheriff's sales,
aforesaid. That no sheriff shall sell any property in any private or retired
part of his county, but he shall sell the same on the first Saturday in every
month, at noon, at the court house of the county, except the judges should
direct other places for the sale ; and except in Richland county, in which
the sale shall be held at the State House ; and the sheriffs shall publish all
notices of sale, at the court house of the county, and two other notorious
places in the said county, and in the most notorious place of the neigh-
borhood from whence the property was taken, and also in one of the
Gazettes, if the Gazette is published in or near the county.
XVIII. And be it further enacted by the authority aforesaid, That it
shall not be lawful for any person exercising the office of a justice of the Justices pro-
peace within this State, to keep any tavern, or to retail spirituous liquors, {'"'^"^^ J™'"
nor shall any license for retailing spirituous liquors be granted to any tavern,°&c.
person exercising the office of a justice of the peace, nor to any person or
persons in his house or family, or for his emolument ; and if any person
or persons shall offend against the true intent and meaning of this Act,
he shall forfeit and pay the sum of fifty pounds to any person or persons
who will inform or sue for the same, and be forever thereafter rendered
incapable of serving in the office of a justice of the peace in this State.
XIX. And whereas, the majority of the inhabitants of the counties
where county courts are established within the districts of Orangeburgh ^j""",^Jj^^pJ*j^
and Beaufort, are desirous that the said courts should not be continued Orangeburg
among them ; Be it further enacted l)y the authority aforesaid , That the *"^ Beaufort,
said courts be, and they are hereby, suspended, and all records relative to
the business of ordinary in such county courts, shall be transferred over
and kept by the ordinary of the district in his office ; and all records rela-
tive to the other judicial business in the said county courts, shall be trans-
ferred over and kept by the clerk of the circuit court of the district in his
office ; and all other records of the said county courts shall be transferred
over and kept by the register of mesne conveyances of the said district in
270 STATUTES AT LARGE
A. D. 1791. J,cts relating to Courts.
his office ; and all suits having been commenced in the county courts,
shall be continued in the district court without being commenced de novo ;
and all such records shall be of as full force and validity as if they had
continued in the said county courts, and the same had not been suspended.
XX. And be it further enacted by the authority aforesaid, That the
County courts county courts shall be held in the counties hereinafter mentioned, on the
when to be days following, to wit : For the counties of Union and Richland, on the
**®^**- lirst day of January and June in every year ; for the counties of Fairfield
and Spartan, on the twelfth days of January and June in every year ; for
the counties of Chester and Pendleton, on the twenty-fourth days of Jan-
uary and June in every year ; for the counties of Greenville and York, on
the fifth days of February and July in every year ; for the counties of
Lancaster and Laurens, on the seventeenth days of February and July in
every year ; for the counties of Newberry and Kershaw, on the twenty-
eighth days of February and July in every year ; for the county of Clare-
mont, on the eleverith days of March and August in every year; for the
county of Clarendon, on the twenty-fifth days of March and August in
every year ; for the county of Edgefield, on the eleventh of March and
the first day of September; for the county of Abbeville, on the twenty-
fifth days of March and the twelfth day of September ; for the county of
Marlborough, on the first days of March and September ; for the county of
Chesterfield, on the eleventh days of March and September ; and for the ,
county of Darlington, on the twenty-second days of March and Septem-
ber in every year ; and if any of the said days shall fall on Sunday, then
the said court shall meet and sit on the day following.
In the Senate House, the nineteenth day of February, in the year of our Lord one thousand
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.
No. 1503. AN ACT to establish a County and County Court in the
District of Kershaw.
WHEREAS, the inhabitants of Kershaw district, as by their petition
to the Legislature is set forth, have experienced many inconveniences by
being annexed to Lancaster, Claremont, Fairfield and Richland counties,
which renders it necessary to establish the same into a separate county,
agreeable to the Constitution :
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 the said district shall be, and is hereby, estab-
lished as a county, to be called and known by the name of Kershaw coun-
ty ; the lines and boundaries of which, till they are altered by the Legis-
lature, shall be as follows, that is to say, beginning on the east side of the
Wateree river, at Stark"'s ferry ; from thence by a line running to the
fold of the Hanging-rock creek ; thence down Lick creek to Flat creek ;
thence down that creek to big Lynch ''s creek ; thence down big Lynch 's
OF SOUTH CAROLINA
271
Act.'' relating to Courts.
creek to Spivy's ferry or ford ; thence to Carter's ferry or crossing place,
in Claremont county ; thence down the fork of Swift and Rafting creek ;
thence across the Wateree river to Spears 's creek, in Richland county ;
thence up Spears's creek to the fork of Spears's and Raglin's creek ;
thence up Raglin's creek to John Daugherty's, on the twenty-tive mile
creek ; from thence in a direct line to the mouth of Coloners creek, on
the Wateree river; and thence across tlie Wateree river to Starks\s ferry,
at the beginning ; which said county shall be intitled to county courts, to
be holden on the twenty-eighth day of February, the sixteenth day of
April, the seventeenth day of July, and the fifteenth day of November,
in every year ; and the said courts shall hold, exercise and enjoy the seve-
ral powers, jurisdictions and authorities as are by law vested in the county
courts of this State.
II. And be it further enacted by the authority aforesaid. That John
Simpson, Douglass Starke, Isham Moore, Philip Pearson, Thomas Ballard,
Benjamin Waring, and Samuel Boykin, be, and they are hereby appoint,
ed, commissioners to survey the lines between the counties of Kershaw
and Lancaster, and the lines between the counties of Kershaw and Clare-
mont, and to report to the Legislature, at their next meeting, a plat of the
aforesaid three counties, with remarks on the population, situation, and
other circumstances necessary to be taken into consideration in forming the
dividing lines of the said counties.
In the Senate House, the nineteenth day of February, in the year of our Lord one
thousand seven hundred and ninety-one, and in the fifteenth year of the Inde-
pendence of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
A. D. 1791.
AN ACT TO ALTER AND AMEND THE LaW RESPECTING JtTRIES ; AND No. 1526.
TO MAKE SOME ADDITIONAL REGULATIONS TO THE AcTS FOR ESTAB-
LISHING AND REGULATING THE CiRCUIT CoURTS.
WHEREAS, the mode of drawing special juries, prescribed by the
Act of the General Assembly of this State, passed on the nineteenth day
of July, in the year of our Lord one thousand seven hundred and sixty-
nine, has, by experience, been found inadequate to that fair and impartial
administration of justice which is to be expected in every case where
special juries are drawn, and it has sometimes so happened that special
juries have been drawn entirely out of the number of those wl^ose names
were given in or delivered to the court by one of the parties in contro-
versy ; for 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
authority of the same. That it shall and may be lawful for the court of
Common Pleas, in the several districts throughout this State, in any civil
action where the value in dispute is equal to or exceeds fifty pounds
sterling money, or on application by either party, plaintitF or defendant,
in any case, at his, her, or their own expense, or with the consent of
Preamble.
272 STATUTES AT LARGE
A. D. 1791. Acts relating to Courts.
both parties in any action, to order a special jury to be struck for the
Special juries, ^"^^^ of the said cause, at the court to l3e holden in the district where
h(jw to be such cause shall be triable, which shall be done in the followino; manner:
lonuea, die, ^^i^ jg ^^ ^(ij , each party, plaintiff and defendant, shall give in or deliver
to the other, the names of any eighteen persons, having the qualifications
of grand juiors, whom he, she, or they would choose for jurors in the
case controverted, out of which lists each party shall strike out the
names of such eight persons whose names were given in by the, other
party, as he, she, or they may choose to reject, and out of the ten persons
remaining on each list, each party shall mark or name such ten persons
on the list of the adverse party, as he, she, or they may think fit to have
summoned as tales men ; and the twenty men who shall be chosen for
jury men and tales men, as before directed, shall be summoned by the
sheriff' of the district in which the cause is to be tried, at least six days
(or any shorter time, if the parties shall consent thereto,) before the
meeting of the court in the said district, to attend on the said court as a
special jury, and as tales men, if occasion shall require ; and if all the
twelve men who shall be summoned for the special jury shall not attend
at the court, and at the time to which they shall be summoned, then out
of the number of those who shall be summoned for tales men, and shall
attend as such, each party shall, out of the tales men of the adverse
party, choose so many as shall be requisite to make up, together with
such of his, her or their own special jury men as shall have attended
agreeably to their summons, the number of six ; to the end that in every
cause tried by a special jury, each party may have six jury men of his,
her, or their own choice : But if out of the ten men summoned as a
special jury and tales men, on behalf of each party in any cause, six men
shall not appear on behalf of both or either of the parties, then each party
shall instanter give in to the court the names of so many men from the
vicinity of the court house, as will make three times the number wanted
to make up his, her, or their compliment of six jurors, who shall be imme-
diately summoned by the sheriff of the district to give their attendance ;
and out of the number who shall attend after being so summoned, each
party shall choose as many as will make up his, her or their compliment
of six jurors ; and every jury so drawn as is above directed, shall consti-
tute a special jury, to hear, try and determine any such cause as shall be
submitted to them ; j^rovidcd alwaijs nevertheless, that nothing herein con-
tained shall debar any person of or from legal challenges to any of the
said jurors.
II. And he it further enacted by the authority aforesaid. That the chief
justice and associate judges of the court of common pleas of this State,
or a majority of them, shall be, and they are hereby, authorized to make
and establish all such rules, orders and regulations, as they may deem pro-
per or necessary to carry fully into effect the foregoing clause of this Act.
III. And be it further enacted by the authority aforesaid, That so much
f7*69,°Lpe*a\ed ^^ ^^^ ^^^ ^^ ^^* entitled "An Act for establishing courts, building goals,
^^ 'and appointing sheriffs and other officers, for the more convenient admin-
istration of justice in this Province,' passed on the nineteenth day of July,
which was in the year of our Lord one thousand seven hundred and sixty,
nine, as is repugnant or contrary to the foregoing clause of this Act, shall
be, and the same is hereby, repealed.
IV. And be it further enacted by the authority aforesaid, That every
man who shall be summoned, as is hereinbefore directed, to attend on a
OF SOUTH CAROLINA. 273
Acts relating to Courts. A. D. 1791.
special jury, and shall fail, neglect or refuse to attend agreeably to his
summons, shall be liable to the same pains and penalties, recoverable in ^pjj^^jlf-^""
the same manner, as those imposed on persons who fail, neglect or refuse jurors.
to appear and attend at any district court as grand jurors, after being duly
summoned for that purpose ; 'provid.e.d always nevertheless^ that no person
shall be compelled to serve on more than two special juries during the
same court or term.
V. And he it further enacted by the authoritv aforesaid, That it shall , .
' *-• '' .. Junes Iiow to
and may be lawful for the chief justice, or any of the associate judges, be drawn.
and they are hereby directed, once in every three years, at least, to make
and appoint new jury lists for the several district courts established by law,
in the manner following ; that is to sa)^ the judge who shall preside at
the court for which a new jury list is intended to be formed, shall cause to
be transcribed from the tax lists of the district of the preceding year,
which shall be laid before him by the sheriff of the district, the name of
every person entitled, agreeably to the constitution, to vote for members of
the Legislature, and out of the persons w^ho shall have paid the sum of
fifteen shillings lawful money, or upwards, for his tax the last preceding,
he shall carefully select the names of those best qualified to serve as
grand jurors, and shall put their names, in the manner prescribed by law,
in the division of the jury box nimibered one ; j^^^^^i^^d nevertheless , that
the number of the grand jurors do not exceed one half of the number
contained in the list of petit jurors ; and all the names of the persons who
are entitled, agreeably to the constitution, to vote for members of the
Legislature, shall be laid before the judge, who shall, out of the persons
who have paid the sum of five shillings lawful money, or upwards, for his
tax last preceding, select the names of those best qualified to serve as petit
jury men, and shall put their names, in the manner prescribed by law, into
the division of the jury box numbered three, who shall be liable to be
drawn to serve as petit jurymen and jurors for the court of common pleas,
as directed by law.
VL And be it further enacted by the authority aforesaid, That when-
ever the judges or judge who may preside in the court of common pleas, in
the several county districts of this State, are about to draw jurors to be sum-
moned for the next succeeding court, they or he shall draw, or cause to be
drawn, in the manner prescribed by the jury law of this State, the names
of six persons, in addition to those heretofore drawn, to serve in the court
of common pleas of the said several districts ; and the persons whose names
are so drawn, shall be summoned to attend in the usual manner, and shall
be entitled to all the privileges and benefits, and subjected to all the penal-
ties, of other jurors ; and out of the whole numbers drawn and summoned
for each of the said county or circuit districts, two juries shall always be
formed, whose duty it shall be well and truly to try all the issues with
which they may be charged, and to execute all the writs of inquiry which
may be delivered to them, respectively.
VIL And he it further enacted by the authority aforesaid. That any
juryman who shall be legally summoned to appear and act as such, at any pg,jj,|fy ^n de-
of the district courts in this State, and shall neglect or refuse to do so, eve- faulting jurors.
ry such juror, if a grand juror or special juror, shall forfeit and pay the sum
of ten pounds sterling money, and if a petit juror, or a juror summoned to
appear and act as such, at the common pleas, shall forfeit the sum of five
pounds like money, unless such person can shew a good and sufficient cause
of excuse, on oath, as hath been usual heretofore, to be proved to the
VOL. VIL— 35.
274 STATUTES AT LARGE
A . D. 1791. Acts relating to Courts.
satisfaction of any of the judges at the next sitting of the court, to be reca*
vered and apphed in the same way and manner that fines for non-attendance
of jurors have been heretofore recovered and apphed.
VIII. And tvkcreas, the sherifis of the districts of Pinckney, Washing-
Pincknev ton and Ninety-Six, were authorized and directed, by the fifteenth section of
Washington the Act entitled "xVn Act to amend the several Acts for establishing and
and Ninety- regulating the circuit courts throughout this State,"' to form jury hsts, agree-
ably to law, from the last tax returns for their respective districts, and to
lay the same before the judges at Cambridge in November last, who should
cause juries to be drawn in the manner prescribed by law : and whereas, the
sherifis of Pinckney and Ninety-Six districts did not lay before the judges
at Cambridge their jury lists, on the first day of the sitting of the said
court in November, and doubts may arise whether the juries drawn by the
judges were legally drawn : and whereas, the sheriff" of Washington district
made no return at all of his jury lists, whereby the public justice may be
impeded ; for remedy whereof, Be it enacted by the authority aforesaid, That
the juries which were drawn by the judge or judges at Cambridge, during
their last sitting, for the districts of Pinckney and Ninety-Six, be, and they
are hereby declared to have been, regularly and legally drawn, and shall
be so deemed , construed and taken , as fully as if the same had been draw n
on the first day of the sitting of the said court, in the most formal manner
prescribed by law; and that the sheriff' of Washington district be, and he
is hereby, authorized and directed to proceed to form jury lists, agreeably
to law, from the last tax returns in the counties in his district, and shall lay
the same before the judges of the county court of Pendleton or Greenville,
at any time during their next sitting, who shall be, and they are hereby,
aiithorized and directed to cause juries to be drawn in the manner prescribed
by law, to serve at the courts of general sessions and common pleas to be
holden for the district of Washington on the tenth day of April next ; and
such drawing shall be, and is hereby declared to be, legal and regular ; and
the sheriff shall proceed to summon the jurors so drawn, according to law ;
and such persons shall be, and are hereby declared to be, liable to the same
penalties for non-attendance as jurors at either of the said courts to which
they may be respectively summoned by this Act, are subjected to.
IX. And be it further enacted hy the authority aforesaid. That the ofR-
^'n'h^'^'u-^"^*^^^^^ ^^ *^^ '^''^^^^^^ sheriff's in the several districts throughout this State,
shall always be kept in the city, town or village where the respective court
houses are established, on pain of forfeiting their respective offices; and that
a fair and true copy of the books of every sheriff now in office , or hereaf-
ter to be in office, shall be made, at his own expense, in books well and
strongly bound, and shall be lodged within three months after the expiration
of his office, and be kept as pubhc records, in the respective offices of the
several sheriffs for the time being, throughout tliis State, on pain of forfeit-
ing five hundred pounds.
X. And be it further enacted by the authority aforesaid, That three
Solicitors to be officers shall be appointed by the Legislature of this State, who shall be
appoiu e . called circuit solicitors, and whose business it shall be to do the duty of the
State's Attorney, on the Northern, Southern and Western circuits, respec
tively, and to give their counsel and advice to the Governor and other State
officers, in matters of public concern, whenever they shall be by them re-
quired so to do, and to assist the attorney general in Charleston, or each
other at any other place, in all suits or prosecutions in behalf of this State,
whenever they or either of them shall be directed to do so, by the Governor
OF SOUTH CAROLINA. 275
Acts relating to Courts. A.I). 1791.
«r Commander-in-chief of this State for the time being ; and also to attend
the Legislature of this State, whenever they shall meet, and to draw out or '^'*^"' dunes.
draught and engross all such bills and Acts as the President of the Senate
or the Speaker of the House of Representatives shall from time to time di-
rect them to prepare or engross ; which said circuit solicitors shall be liable
to all the penalties, and shall enjoy all the privileges, emoluments and ad-
vantages, to which the attorney general of this State, in Charleston, is lia-
■ble or entitled ; and they shall each be entitled to receive a salary of one
hundred pounds sterling for their services, to be paid in equal quarterly
payments.
XL And he it further enacted by the authority aforesaid, That the
said attorney general in Charleston, shall have a right to call upon the said
circuit solicitors, or any or either of them, for, and to require their assis-
tance and support in behalf of, the State, in any case where he may think
it necessary or proper, or whenever sickness may prevent him from doing
his duty ; Provided always., nevertheless., that nothing in this Act contained
shall be construed in such a manner as to prevent any or either of the said
solicitors from appearing in behalf of, or defending, any person brought to
trial before any criminal court of this State, when their duty shall not re-
quire them to prosecute such person, or when his or their assistance or ser-
vice shall not be required against such person by the Governor or attorney
general, as aforesaid.
XH. And ivhereas, during the existence of the former constitution, cer-
tain powers were given by several Acts and Resolutions of the Legislature,
to the Governor and council, which powers cannot be now exercised, by
reason of the alteration in the executive authority of the State ; for reme.
dy whereof, Be it enacted by the authority aforesaid, That the judges of
the court of common pleas, or any one of them, in their respective districts,
are or is hereby vested with the exercise of the said powers, so far as the
same shall extend to hearing and determining causes in the court of caveats,
which caveats shall be entered as heretofore ; and the commissioners for
settling the public accounts shall be, and are hereby, vested with the exer-
cise of the said powers, so for as the same extended to the giving up of
such bonds as have been deposited in the treasury for the purchase of pro-
perty sold as pubhc property, but which had been thereafter discovered to
be the property of individuals.
XHL And be it further enacted by the authority aforesaid. That the
judges of the county courts, in those districts where county courts are es- Bail,
tablished, and the justices of the quorum in those districts where they are
not established, and the clerlis of the several district courts, in their res-
pective districts, shall be, and they are hereby, authorized and required to
give orders for reasonable bail, on proper affidavits made, in such actions
as may be commenced in any of the superior courts of law of this State,
where bail may be proper, but not grantable, of course ; and such judges
and justices shall and may also take recognizances of special bail, in legal
form, in any causes in the said courts, and shall certify and transmit the
same to the judges or clerks thereof.
XIV. And he it further enacted by the authority aforesaid. That the
clerk and sheriff of the district of Camden shall be, and they are hereby, q\(.^\^ and slir-
authorized and required to attend, by themselves or deputies, at the meet- ri.T of Ca'tiden
ings and sitting of the court directed by the constitution to be held at Co- ^° attend ap-
lumbia, after the termination of the circuits, and to perform the usual duties Columbia.
of their respective offices ; and the said clerk shall take particular minutes
'276 STATUTES AT LARGE
A. D. 1791. Acts relating to Courts.
of the proceedings of the said court, and keep record thereof; and he
shall, in full compensation for his services at the said court, be entitled to
and receive out of the public treasury the sum of twenty pounds per an-
num ; and the said sheriii" shall be entitled to and receive out of the public
treasury, in full compensation for his services, the sum of ten pounds per
annum.
XV. And be it further enacted by the authority aforesaid, That the
Sherifil''s sales, judges of the Courts of common pleas shall be, and they are hereby, author-
when to be i2ed from time to time to direct and alter the places where the sheriffs of
the several districts shall make sales of the property ordered to be sold by
any process of law, or order of court, as they, in their judgment, shall
deem necessary and convenient for the purpose of efiecting the intention
of the Legislature, with respect to public sales; and all sales of mortgaged
property shall be made in the several districts, at the places fixed by the
judges, and at the times fixed by law for the sale of property under execu-
tion.
XVL And be it further enacted hy i\\Qii\xi\\ov'iiy ii?oxcs?dA,li\\cii'n\?iQ.iions
trespass "to try *^^ trespass brought to try the title to land, the plaintiff, or his attorney,
titles. shall always indorse on the original and copy writ, that the action is bronght
to try the title as well as for damages ; and the judges of the court of com-
mon pleas shall and may form such reasonable and equitable rules, and lay
the parties in such actions, under such just and reasonable terms, as will
bring them to trial on the merits of the case, conformably to the principles
of trials by ejectment, under the former law and practice of the courts.
, . , XVn. And be it further enacted by the authority aforesaid. That the
l^t'JLVG 01 8.0" . *, 7
sence to public Act entitled "An Act to prevent persons holding certain offices of emolu-
officers. ment from leaving the State," be, and the same is hereby, repealed, as far
as it totally prohibits the persons therein mentioned from leaving the State
without permission first obtained from the Governor of the State ; and such
officers shall be, and are hereby, authorized and permitted, at proper times,
when the same can be done without prejudice to the interests of the State,
to leave the State, without such permission first obtained, for any space of
time not exceeding thirty days ; and when the said officers shall be desirous
of leaving the State for longer time, they shall apph' to his Excellency the
Governor for permission so to do ; and he is hereby empowered to grant
permission for such reasonable absence as may be consistent with the pub-
lic interest, on account of sickness, or any other proper cause suggested by
the applicants.
XVIIL And ivhereas, great inconveniences have arisen, and many
Sales of pro- attempts have been made to deprive creditors of their just debts, by secret
fo/taxes 'hovv" ^'^f^ collusive sales of considerable property, made far below its real value,
to be made. under pretence of raising money to pay taxes, and other debts and duties
to the public, and it is just that some remedy be provided against the
growth of this evil practice ; Be it further enacted by the authority afore-
said. That from and after the passing of this Act, the collectors of the
taxes, public debts and duties, throughout this State, shall, whenever de-
fault be made by any person in the payment of any tax, debt or duty,
now owing, or which hereafter may grow due and owing, to the State,
county or parish, the whole sum so due as aforesaid not being less than
five shillings, proceed to levy on the property of such defaulter in their
respective counties or parishes, in the manner prescribed by law, and shall
proceed to give three weeks notice, by advertisements put into one or more
>Gazettes, where they are established, and posted up in three of the most
OF SOUTH CAROLINA. 277
Acts relating to Courts. A, D. 1791.
notorious and public places of the counties and parishes where Gazettes
are not established, of the time and place where sale is intended to be
made of the property of such defaulter ; and the collectors aforesaid shall
express in their advertisements the sum due by such defaulter, and the
property levied upon and intended to be sold ; and where the sum due by
the defaulter aforesaid is less than five shillings, the collectors aforesaid
shall and may proceed summarily by distress and sale, for which they shall
not be entitled to demand or receive any fee, reward or compensation.
XIX. And he it further enacted by the authority aforesaid. That all
sales by collectors shall be made at the court houses of their respective
counties, and at the most public and notorious place in the parish or collec-
tion district, where county courts are not established, nearest the place
of residence of such defaulter, or where the property may be found, on
Monday and Tuesday in each week.
XX. And be it further enacted by the authority aforesaid, That when-
ever any collector shall levy on any property of any defaulter, for any
taxes, debts or duties as aforesaid, he shall not put up for sale in any one
lot, more than he believes will be sufficient to pay the sum due by such
defaulter, together with the charges of legal process ; and if the sale be
made of negro slaves, he shall not sell them for any longer term than one
year ; and if the sale be made of land , he shall not sell the same for any
longer term than seven years.
XXI. And be it further enacted by the authority aforesaid. That when-
ever any collector shall make sale of any property of any such defaulter,
he shall, after deducting so much from the amount sales as will fully
satisfy the tax, debt or duty, by him due, and the legal charges on the
process of law, pay over whatever balance may remain in his hands, to
the sheriff of the county or circuit court in which the said property is
sold, according to the legal priority of the demands in their hands, to be
by them applied to the payment of such demands, if any they have,
according to law.
XXII. And be it further enacted, by the authority aforesaid. That all
sales of property, real or personal, made for or by reason of, or under pre-
text of raising money to pay any taxes, debts or duties as aforesaid, con-
trary to this Act, shall be, and the same are hereby declared to be, null
and void.
XXIII. And be it further enacted hy the authority aforesaid. That the
judges of the county court of Kershaw shall be, and they are hereby, Kershaw,
authorized to hold the court for the said county in the district court house,
in the town of Camden, at such times as the same may not be required
for the use of the superior courts : And the keeper of the goal of Cam-
den district shall be, and he is hereby, authorized and required, to receive
into his custody, and safely keep in the goal of the said district, such
persons as may be committed to goal by any of the judges of the county
court of Kershaw, or by order of the court thereof
XXIV. And whereas, by the seventh section of an Act, passed on the
nineteenth day of February, in the year one thousand seven hundred and jMi^^lstrates.**
ninety -one, entitled "An Act to amend the several Acts for establishing
county courts, and for regulating and amending the proceedings therein,"
the justices of the peace, where county courts are established, had, in
certain cases, jurisdiction to the amount of five pounds, and in other
cases, to the amount of three pounds sterling; Be it therefore enacted by
the authority aforesaid, that all justices of the peace, where county courts
278 STATUTES AT LARGE
A. 1). 1791. Acts relating to Courts.
are not established, shall have the same jurisdiction that justices of the
peace have where such county courts are established.
XXV. And whereas, the neglect of justices of the peace in returning
I, ■ recognizances to the several courts of general sessions of the peace, oyer
xvecosnizan- o . iPi- -ix' i^iu
ces, liovv to be and terminer, assize and general gaol delivery, in due time, natli been pro-
returned, ductive of much delay and inconvenience in the business of the said court ;
Be it enacted by the authority aforesaid, That from and after the passing
of this Act, all justices of the peace, before whom recognizances of wit-
nesses, defendants or prosecutors, for their respective appearances at any
of the said courts, shall be taken, or before whom any information or other
paper, returnable to the same, shall be made, shall lodge the said recogni-
zances, informations or papers in the respective clerks's offices of the courts
to which they are returnable, on or before the first day appointed for the
meeting of the said courts respectively, under pain of forfeiting ten pounds
sterling, for every neglect, to be recovered by bill, plaint or information,
in the said courts, at the suit of the State and for its use, unless the person
so neglecting shall give in to the court, on oath, a good and sufiicient
excuse for his said neglect.
In the Senate House, the twentieth day of December, in the year of our Lord one
thousand seven hundred and ninety-one, and in the fifteenth year of the [ndepen-
dence of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
No. 1527. AN ADDITIONAL ACT to the Act entitled " An Act to establish
A COURT OF EaUITY WITHIN THIS StATE,'' PASSED THE NINETEENTH
DAY OF February, seventeen hundred and ninety one.
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 court of Equity shall, in future, be held at Charles-
ton, on the second Monday in each September, instead of the third Monday
in that month, as it is now fixed by law ; and at Cambridge, for the district
of Ninety-Six, Washington and Pinckney, excepting that part of Pinckney
district which comprehends York and Chester county, on the twenty-eighth
day of April and the twenty-fourth day of November, in each year, instead
of the fifth day of May and December, in each year; and shall continue
to sit, from day to day, (Sundays excepted,) at Cambridge, for the space
of six days, if the business shall require so long time ; and at Columbia,
for the district of Camden, as it is now delineated, inclusive of that part
of Pinckney district which is comprehended in York and Chester county,
Cheraws and Orangeburg, on the sixth day of May and December, in each
year, instead of the fifteenth day of May and December, as now establish-
ed by law ; and shall continue to sit, from day to day, until the business
ready for hearing be dispatched.
IL And tchereas, the inhabitants residing in the remote districts of this
State, may be often deprived of the benefit of injunctions issuing out of
the court of Equity, to stay proceedings at law, by reason that levies may
OF SOUTH CAROLINA. 279
Acts relating to Courts. A.I). 1791.
be made under executions before they can make regular application to the
court for such injunction, on account of their distance; for remedy where-
of, Be it enacted, That whenever any person shall be dissatisfied with a
judgment at law, and shall think himself rehevable in Equity, he may, at
any time within forty days after the adjournment of the court at which
such judgment was obtained, give notice, by himself or his attorney, in
writing, to the sherift' of the district with whom execution may be lodged,
that he means to file his bill in the court of Equity, praying for a writ of
injunction, and shall annex thereto an affidavit of such intent ; and such
sheritf, on being served with such notice and afHdavit, within the said time,
whereof he shall make true entry in his books, shall be bound, on recei-
ving security, as hereinafter prescribed, to stay further proceedings on such
execution ; provided, the said notice and affidavit be served on him before
actual sale of the property ; and in cases where levies shall have been made
on any moveable property, the complainant, on giving bond to the sheriff",
with two good surities, to be approved by him, subject to the future appro-
bation of the court, in a sum equal to double the real value of the property
so levied on, and conditioned to return in good order to such sheriff" the
whole of the said property, if the complainant does not procure from the
court of Equity, and cause to be served on him, a writ of injunction, with-
in thirty days from the date of such bond, shall be entitled to receive back
and retain all such moveable property ; and the said complainant shall be
bound to proceed and file his bill, and apply for an injunction, according to
the rules and practice of the court of Equity, within twenty days after giv-
ing such bond to said sheriff": and if no writ of injunction isssuing out of
the court of Equity, be served on said sheriff within thirty days after his
taking said bond, commanding him to stay proceeding in said suit at law,
he shall then proceed to seize, and again take into his possession, said
property, and seU the same under the said execution, after giving the legal
notice : and if the said complainant shaff not forthwith surrender and deh-
ver up such property, the said sheriff" shall assign the said bond to the plain-
tiff in the suit, who may commence suit thereon, and proceed to recover
from the said defendant at law, and his surities, the amount of the pen-
alty of the said bond, with costs of suit; in which suits no imparlance
shall be allowed.
In the Senate House, the twentieth day of December, in the year of our Lord one thousand
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 ALTER AND AMEND THE SEVERAL AcTS FOR ESTABLISHING AJ^ i c^o
AND REGULATING THE CiRCUIT CoURTS THROUGH THIS StATE.
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 to prevent false or erroneous entries in the journals of the
courts of common pleas in the said districts, it shall be the duty of the
280 STATUTES AT LARGE
A. D, 1792. Acts relating to Courts.
clerks of the said courts respectively, on each day previous to the adjourn-
ment of the court, to read over to the judge or judges who may preside,
the minutes or entries which shall have been made during the day in the
said journal.
II. And he it further enacted by the authority aforesaid, That the ju-
rors drawn at the last courts at Cambridge and at Camden , to serve at the
ensuing courts, shall be taken and deemed to be good and legal juries, and
shall be obliged to serve as such according to law ; any informalities in the
drawing of the said jurors to the contrary thereof notwithstanding.
III. And to the end that the judges of the courts of common pleas may
be better enabled to carry into effect the several Acts of the Legislature,
providing for the making of jury lists ; Be it further enacted by the authori-
ty aforesaid, That the judge or judges in each of the courts in this State,
and at any time during the term at which it shall be necessary to provide
for the making of a new jury list, shall and may, by rule of court, order and
direct the several tax collectors within the district, to furnish to the sheriff
of the district, by a day therein to be mentioned, the names of all the
inhabitants entitled (agreeably to the constitution) to vote for members of
the Legislature, within the respective parishes or counties of the said tax
collectors respectively, distinguishing such names as have paid five shillings,
and less than fifteen shillings, and such as have paid fifteen shillings and
upwards for taxes the last year, to be by the said tax collectors transcribed
from their books or lists respectively, for that purpose ; a copy of which
rule, the sheriff of the said districts respectively, shall cause to be served
upon each tax collector within the district ; and upon neglect or refusal of
any tax collector to obey the exigence of such rule, and upon proof of a
copy thereof having been duly served upon him, he shall be liable to be
punished by the said court as for a contempt.
IV. And, he it further enacted, by the authority aforesaid, That not
less than three judges shall hereafter preside and hold the adjournment
court at Columbia ; but as many more as may be convenient.
V. And he it further enacted by the authority aforesaid. That no person
hereafter shall be permitted to practise as an attorny or solicitor in any of
the courts of this State, whose known and established residence is not
within this State ; and all writs and other process issued, or pleadings filed,
by or on the part of attornies or solicitors residing out of this State, are
hereby declared to be illegal and invalid, and may be quashed on motion;
Provided nevertheless, that it may be lawful for attornies or solicitors
living without this State, to attend the next judiciary court to finish busi-
ness now pending.
VI. And be it further enacted by the authority aforesaid, That where
rules or process to revive proceedings at law cannot be served upon per-
sons, because of their absence from and without the limits of this State,
it shall be sufficient to post such rules or process upon the court house door
of the district in which such absent person had their last residence.
VII. And to prevent unnecessary suits in equity, where bonds are given
conditioned for performance of covenants, or for the delivery of property,
or for things other than the payment of money, Be it further enacted by
the authority aforesaid. That the plaintiff may in all such cases, before he
takes out his execution, (and the defendant may by rule of court compel
him thereto) submit the condition of such bonds and the special circum-
stances, to a jury, in like manner as on a writ of enquiry, which jury may
assess and fix the debt or damages actually due ; and the execution shall be
OF SOUTH CAROLINA. 281
Acts relating to Courts.
levied accordingly ; Provided always, that the judgment for the penalty
shall stand as a surity for the sum so assessed by the jury, together with
the costs of suit.
VIII. And to the end that plain and adequate remedy may be furnished
at law upon copartnership debts, where one or more of the copartners is
or are out of the State, and cannot be served with process, or where there
are dormant copartners ; Be it further enacted by the authority aforesaid,
That in all such cases, it shall be sufficient to serve process upon such of the
copartners as may reside or be found in the State, or upon such of the firm
or copartnerships as are known ; and suits so commenced against copartner-
ships, are hereby declared to be legal and valid ; any law, usage or custom
to the contrary thereof in any wise notwithstanding.
IX. And be it further enacted by the authority aforesaid, That all pro-
cess lodged for service and actually served, or copies left at the defendant''s
place of abode, for the circuit courts, after the time prescribed by law for
the return of process, shall not by reason thereof be void, but shall be good
for the second court thereafter, in the same manner as though they had
been served or executed thirty days next before the sitting of the said
second court.
X. And whereas, the dockets of causes at issue for trial at Camden and
at Cambridge, have respectively become very large, so that the time
allowed by law is not sufficient for the trial of the whole of the said
causes ; Be it therefore enacted by the authority aforesaid. That the courts of
common pleas at the aforesaid places respectively, at the ensuing April
term, shall and may sit from day to day, (Sundays excluded) until the whole
of the causes at issue be tried ; Provided, that the term do not extend
beyond fifteen days.
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 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 ENABLE THE ClECUIT CoURT OF GEORGETOWN, AT THE Nq. 1581.
ENSUING Term, to meet on the twenty-eighth day of March
NEXT, instead OF THE FiRST DAY OF ApRIL ; FOR EXTENDING THE
TIME FOR HOLDING THE CoURTS IN NiNETY-SiX DISTRICT ; FOR THE
BETTER ADVANCEMENT OF JuSTICE IN THE CoURTS OF LaW AND
Equity ; and for other purposes therein mentioned.
WHEREAS, the docket of causes for trial at the Georgetown court, hath
become so large, that the usual time allowed by law for the said court to
sit, is insufficient for the dispatch of all the causes.
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^Qurtof
the same. That it shall and may be lawful for the judge or judges who shall Georgetown,
or may preside at the next courts of sessions and common pleas, to be
VOL. VII 36.
282 STATUTES AT LARGE
A. D. 1793. Acts relating to Courts.
holden for the district of Georgetown, to assemble and hold the said courts
on the twenty-eighth day of March next, instead of the first day of April ;
and the said judges are hereby required to proceed, on the twenty-eighth
day of March next, in the said court, to the dispatch of business, in the
same way they would and ought to do, on the first day of April next, if
this Act had not been passed ; and the writs of venire facias for assembling
of jurors for the said courts of sessions and common pleas shall be
issued accordingly, and all such jurors shall be summoned to appear at the
said court, on the said twenty-eighth day of March next, in like manner,
and subject to the same penalties, as are prescribed in cases where the said
courts meet at the time heretofore fixed by law; and all sherifis, coroners,
constables, justices, prosecutors and witnesses, whose duty it is to appear at
the said courts on the first day of April next, shall be, and they are hereby,
required, under the same penalties respectively, to appear at the said courts
on the said twenty-eighth day of March next; and all writs, and process,
and judicial proceedings, being returnable, continued, or having day in court,
on the first day of April next, shall be returned and continued to the twenty-
eighth day of March next, and shall then have day in court, in the said
court, in like manner as they would have on the first day of April next, if
this Act had not passed ; and the said court shall continue to sit for ten
days, if the business thereof shall so long require.
II. And whereas, from the magnitude of the docket in the district of
Ninety-Six, it is necessary to extend the time for holding the courts for said
district; Beit therefore enacted by the authority aforesaid. That the time
of holding the courts of general sessions of the peace and common pleas,
at Cambridge, in and for the district of Ninety-Six, at the ensuing April
term, shall be, and the same is hereby, extended to fifteen judicial days
from the commencement of the term, if the business of the said courts, or
either of them, shall require it: and that two of the judges of the said
courts be, and they are hereby, required to attend at Cambridge during the
said term, for the purpose of holding the said courts ; and that in case the
said court of sessions shall adjourn before the court of common pleas,
that the judge who shall preside in and hold the same court of ses-
sions, shall take his scat and assist during the session of the court of com-
mon pleas, till the end of the term, or until all the causes ready for trial
are dispatched.
III. And ivhereas, Doubts have arisen whether lands and tenements are
liable to be taken in execution under a decree on summary process in the
courts of common pleas. Be it further enacted by the authority aforesaid,
That all decrees on summary process, on being duly docketed in the said
courts, shall be as effecteal to bind the lands and tenements of the defend-
ant as other judgments ; and the execution thereupon shall and may be
levied upon the lands and tenements, in like manner as other executions
have been and may be levied.
IV. And to furnish adequate remedy at law against executors and ad-
ministrators in cases where one or more may be out of the State ; Be it fur-
ther enacted by the authority aforesaid, That in cases where there are two
or more executors or administrators to any estate, and any one or more of
tliem hath withdrawn, or shall withdraw, or reside out of the State, it shall
and may be lawful for any creditor or person having right or cause of ac-
tion against such estate, to sue out his writ against all the executors or ad-
ministrators, naming and setting forth therein the executor or administra-
tor, one or more, who is or are out of the State ; and the said writ being
executed in the usual form upon those who are within the State, the suit
OF SOUTH CAROLINA. 283
Acts relating to Courts. A. 1). 1793.
shall be deemed to be good and effectual in law to all intents and purposes ;
saving only, that the judgment in such cases shall not extend to work any
devastavit upon the person or persons so absent, or to effect him, her or
them in then- private right.
V. And whereas, the Act entitled " An Act to establish a court of equity
within this State," directs that the said court shall sit at Columbia, for all
causes where the defendant shall reside in Camden, Orangeburgh and
Cheraw districts; at Cambridge, for all causes where the defendant shall
reside in the district of Ninety-Six ; and at Charleston, where the defend-
ant shall reside in either of the districts of Charleston, Beaufort or
Georgetown ; but the said Act makes no provision for the trial of causes
where there are two or more defendants, some residing in districts ranged
under one of the said courts, and some in districts ranged under another;
jBe U further enacted by the authority aforesaid. That where there are
several defendants residing in different districts, ranged under different
courts, the complainant shall commence and pursue his proceedings in that
court which takes cognizance over the districts in which the greatest num-
ber of defendants shall reside ; but where an equal number of the defendants
reside in districts ranged under ditferent courts, the complainant may elect
in which of such courts he will commence his proceedings ; and the judges
of the said court of equity shall and may make all proper and necessary
rules for carrying the intention of this clause into effect.
VI. Whereas, considerable inconveniences have arisen from the present
mode of assessing, apportioning and collecting the county taxes, in the
several counties in this State where county courts are established ; Be
it further enacted by the autliority aforesaid. That in future, the judges of
the county courts in the said courts shall be, and they are hereby, empow-
ered to assess, apportion and collect the county taxes within their counties
respectively, for the purpose of defraying the county expenses, according
to the most equitable plan whereby the same can be assessed, apportioned
and collected ; any law, usage or custom to the contrary thereof notwith-
standing.
In the Senate House, the twenty-first day of December, in the year of our Lord one
thousand seven hundred and ninety-three, and in the eighteenth year of the Indepeu
dence of the United States of America.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
AN ACT TO ESTABLISH AN UNIFORM AND MORE CONVENIENT SySTEM JV^q. 1706.
OF Judicature.
WHEREAS, a more easy, certain, and uniform system of judicature,
by the establishment of courts, under proper regulations, in districts of Preamble.
convenient dimensions, in this State, will tend greatly to promote the in-
terest and happiness, and preserve the just rights, liberties and properties,
of the good people thereof: To attain, therefore, the salutary ends
aforesaid,
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 State divided
the same. That from and immediately after the passing of this Act, "^this '"^° '*'^""''^^®-
State shall be, and hereby is, divided into the several districts hereinafter
284 STATUTES AT LARGE
A. D. 1798. Acts relating to Courts.
expressed and described, that is to say: One district, to be named Abbe-
ville district, to comprehend the county of that name, according to its
present limits ; one other district, to be named Edgefield district, to com-
prehend the county of that name, according to its present limits ; one
other district, to be named Newberry district, to comprehend the county of
that name, according to its present limits ; one other district, to be named
Laurens district, to comprehend the county of that name, according to its
present limits; one other district, to be named Pendleton district, to com-
prehend the county of that name, according to its present limits ; one
other district, to be named Greenville district, to comprehend the county
of that name, according to its present limits; one other district, to be
named Spartanburgh district, to comprehend the county of that name,
according to its present limits ; one other district, to be named Union dis-
trict, to comprehend the county of that name, according to its present
limits ; one other district, to be named York district, to comprehend the
county of that name, according to its present limits ; one other district,
to be named Chester district, to comprehend the county of that name,
according to its present limits ; one other district, to. be named Lancaster
district, to comprehend the county of that name, according to its present
limits; one other district, to be named Fairfield district, to comprehend
the county of that name, according to its present limits ; one other dis-
trict, to be named Kershaw district, to comprehend the counties of Ker-
shaw and Richland, according to their present limits ; one other district,
to be named Chesterfield district, to comprehend the county of that name,
according to its present limits ; one other district, to be named Marlbo-
rough district, to comprehend the county of that name, according to its
present limits; one other district, to be named Darlington district, to com-
prehend the county of that name, according to its present hmits ; the
three counties of Claremont, Clarendon and Salem, shall form one district,
to be called Sumter district, which said district shall comprehend the said
three counties, as heretofore established by an actual survey ; one other
district, to be named Marion district, to comprehend the county now called
Liberty county, according to its present limits ; one other district, to be
named Georgetown district, to comprehend the whole of the former dis-
trict of Georgetown, except Marion district aforesaid; one other district,
to be named Colleton district, to comprehend the parishes of Saint Paul,
Saint Bartholomew and Saint George Dorchester ; one other district, to be
named Charleston district, to comprehend the former district of Charleston,
except Colleton district ; one other district, to be named Beaufort district,
and to comprehend the present district of that name ; one other district,
to be named Barnwell district, to comprehend that part of the former dis-
trict of Orangeburgh, which lies between South-Edito and Savannah
rivers ; one other district, to be named Orangeburgh district, to compre-
hend the whole of the former district of Orangeburgh, except Barnwell
district aforesaid.
n. And be it further enacted by the authority aforesaid, That in each of
Time of hold- the said districts, by this Act established, there shall be held, from and
ing courts. after the first day of January, in the year of our Lord one thousand eight
hundred, by one or more of the associate judges of this State for the time
being, and at such places as shall be appointed by or under this Act, a
court of sessions and a court of common pleas, to possess and exercise,
respectively, each court in its respective district, the same powers and
jurisdiction now held and exercised by the several circuit or district courts
OF SOUTH CAROLINA 285
Acts relating to Courts. A. I). 1798.
of this State, in their respective districts, and shall sit at the times follow,
ing, that is to say : For Abbeville district, at Abbeville court-house ; for
Orangeburgh district, at Orangeburgh court-house ; for Marion district, at
Marion court-house, on the tirst Mondays in March and October, in every
year. For Pendleton district, at Pendleton court-house ; for Barnwell dis-
trict, at Barnwell court-house ; for Darlington district, at Darlington court-
house, on the second Mondays in March and October, in every year. For
Greenville district, at Greenville court-house ; for Edgefield district, at
Edgefield court-house ; for Marlborough district, at Marlborough court-
house, on the third Mondays in March and October, 'in every year. For
Spartanburgh district, at Spartanburgh court-house ; fer Laurens district,
at Laurens court-house ; and for Chesterfield district, at Chesterfield
court-house, on the fourth Mondays in March and October, in every year.
For Union district, at Union court-house ; for Newberry district, at New-
berry court-house ; and for Lancaster district, at Lancaster court-house,
on the Monday next after the fourth Monday of March and October, in
every year. For York district, at York court-house ; for Fairfield district,
at Fairfield court-house ; and for Kershaw district, at Kershaw court-house,
on the second Monday after the fourth Monday in March and October, in
every year. For Chester district, at Chester court-house ; and for Sumter
district, at Sumter court-house, on the third Monday after the fom-th Mon-
day in March and October, in every year. For Charleston district, at
Charleston, on the second Monday in January and May, in every year ,"
and to continue to sit no more than five weeks. For Georgetown district,
at Georgetown, the first days of April and November. For Colleton dis-
trict, at Colleton court-house, when built, on the tenth days of April and
November. For Beaufort district, at Coosawhatchie, on the seventeenth
days of April and November. To sit no more than six days in each of
the last mentioned districts.
in. Andbe it further enacted by the authority aforesaid. That each of
the said courts shall sit and adjourn, from day to day, not exceeding five Timeof sitting^.
days, till the business thereof be dispatched, if all the business can be de-
termined in that time ; but if not, then what shall remain unfinished shall
be continued or adjourned over till the next court, except only as to the
courts of Charleston, Georgetown, Colleton and Beaufort districts, which
shall sit the time by this Act before prescribed.
IV. And he it further enacted by the authority aforesaid. That the
several courts of Charleston district, Georgetown district, Colleton district. Distribution of
and Beaufort district, shall form one circuit, to be named the Eastern ^?"'^^'"*o
Circuit ; and that the attorney-general shall attend each of the said courts, *^"^'^"' *'
and prosecute all suits and prosecutions on behalf of the State, in each
of the aforesaid courts, respectively, according to the usage and custom of
the existing circuit courts of this State. The several courts of Abbeville
district, Pendleton district, Greenville district, Spartanburgh district. Union
district, York district, and Chester, shall form one other circuit, to be
named the Western circuit ; and that the solicitor of the western circuit,
as now by law established, shall attend each of the courts of the said
western circuit, and prosecute therein, respectively, all suits and prosecu-
tions on behalf of the State, according to the usage and custom of each
of the existing circuit courts of this State. And that the several courts of
Marion district, Darlington district, Marlborough district, Chesterfield dis-
trict, Fairfield district, Kershaw district, and Sumter district, shall form
one other circuit, to be named the Northern Circuit ; and that the solici-
286
STATUTES AT LARGE
A. U.I 798.
Acts relating to Courts.
Courts of
record.
Jury lists to
be made, and
jurors to be
drawn.
tor of the northern circuit shall attend each of the courts of the said
northern circuit, and prosecute therein, respectively, all suits and prosecu-
tions on behalf of the State, according to the usage and custom of the
existing circuit courts of this State. And that the several courts of
Orangeburgh, Barnwell, Edgefield, Laurens and Newberry districts, shall
constitute one circuit, to be called the Southern Circuit ; and the solicitor
of the southern circuit shall attend and prosecute therein all suits and
prosecutions, on behalf of the State, according to the custom and usage
of the existing circuits of this State.
V. And he it further enacted by the authority aforesaid. That the
several circuits, by this Act established, shall be courts of record ; and all
persons necessarily going to, and attending on, or returning from, the same,
shall be free from arrests in any civil action.
VL And be it further enacted by the authority aforesaid. That the
sherifts who shall be elected for the said districts respectively, shall be,
and they are, and each of them are hereby, severally and respectively,
authorized and required, immediately after they shall have been respec-
tively elected and commissioned as hereinafter directed, to make jury lists
from the tax returns of the preceding year, of the said districts respec-
tively, agreeably to law : And that the said sheriffs, and the clerks, who
shall be appointed and commissioned, as hereinafter directed, of the said
districts respectivel}^ shall forthwith draw, from the said jury lists, jurors
to serve on the several juries at the said courts respectively, in like man-
ner as jurors are now drawn to serve in the superior courts of law in this
State ; and the sheriffs of the said districts respectively, shall summon
the jurors so drawn as aforesaid, to appear and serve at the said courts
respectively.
Vn. And he it further enacted by the authority afoiesaid, That at the
New jury li^ts first holding of each of the said several district courts, established by this
e^ery's^vears'^ ^*^^' ^^^ once at least in every three years thereafter, it shall and may be
lawful for one or more of the associate judges of this State, and they are
hereby directed and required, to cause new jury lists to be made up from
the tax returns of such districts, for the preceding year, which tax returns
the sheriff of each district shall procure from the the tax collector thereof,
who is hereby required, without delay, to deliver the same to such sheriff;
and the judge or judges, attending at such court, shall cause therefrom to
be transcribed the names of such persons who are entitled by the consti-
tution of this State to vote for members of the State Legislature, and
shall have been liable to pay, the preceding year, a tax of three dollars,
and upwards, for the support of this government, and shall carefully select
therefrom the names of those persons best qualified to serve as grand
jurors, and shall put their names, in the manner prescribed by law, in the
division of the jury box numbered one ; and also the names of such per-
sons who are entitled, as aforesaid, to vote for members of the State Legis-
lature, and shall have been liable to pay, the preceding year, a tax of one
dollar, and upwards, for the support ot this government, and shall care-
fully select therefrom the names of those persons best qualified to serve
as petit jurors and common pleas jurors ; and shall put their names, in the
manner prescribed by law, into the division of the jury box numbered
three ; -provided, the number of the grand jurors do not exceed one half of
the petit jurors, selected as aforesaid.
Vin. And he it further enacted by the authority aforesaid , That one or
more of the associate judges aforesaid, at every time of holding of each
of the said several district courts established by this Act, shall cause to be
OF SOUTH CAROLINA 287
Acta relating to Courts. A. D. I79S.
drawn out of the division of the jury box of such courts, numbered one,
the names of twenty-four persons to serve as grand jurors ; and out of Judees to
the division of the said jury box, numbered three, the names of forty-eiglit caufse junes to
persons, to serve as petit jurors and common pleas jurors at the next
succeeding court for such district ; and the said grand and petit jurors
shall be summoned and empannelied, in like manner as grand, petit and
common pleas jurors now are.
IX. And he it further enacted by the authority aforesaid, That any
juryman who shall be legally summoned to appear and serve at any of the
said courts established by this Act, and shall neglect or refuse so to do, Tenalty for
shall, if a grand juror, forfeit and pay the sum of thirty dollars, and five "''""'*'-''^"''*"'^''
per cent upon the amount of his general State taxes for the year preceding ;
and if a petit or common pleas juror, the sum of twenty dollars, and five
per cent upon the amount of his general State taxes for the year prece-
ding ; unless such person shall shew a good and sufficient cause of excuse,
upon oath, to the satisfaction of any of the said judges, at the next sitting
after the sitting of the court to which such person sliall have been sum-
moned to serve as aforesaid ; to be recovered and applied in the same way
and manner that fines for non-attendance of jurors have been heretofore
recovered and applied.
X. And he it further enacted by the authority aforesaid. That from and
after the first day of January, in the year of our Lord one thousand eight
hundred, the several county courts shall cease to have jurisdiction, original Jurisdiction of
or appellate, of any causes, civil or criminal, except as hereinafter de- ^"""^^j"""^ ^
clared ; but shall continue to be held and sit for the dispatch of all such
other matters as are now within their jurisdiction, four times in each year,
at the times and places now appointed by law for holding the said county
courts respectively, and shall keep, as heretofore, a record of all mesne
conveyances of lands within their respective counties ; and that all suits
and indictments which shall or may be depending in the said county courts,
on the first day of January, one thousand eight hundred, shall be ti-ans-
ferred to the district courts of common pleas and sessions hereby establish-
ed for each of the said counties respectively ; which said courts of com-
mon pleas and sessions, are hereby authorized and required to proceed in
all such suits and indictments, to judgment, sentence and execution, in
the same manner as in suits and indictments commenced in any of the
said last mentioned courts, under and by virtue of this Act.
XI. And he it further enacted by the authority aforesaid. That from
and after the first day of January, in the year of our Lord one thousand
eight hundred, the several courts of general sessions of the peace, oyer and Former courts
terminer, assize and general gaol delivery, and of common pleas, now of common
established and held in this State, shall be, and the same are hereby, forever ^j^j^g ""^^jj^g^^J"
abolished; and that all suits, appeals and indictments, then depending in ed, and husi-
any of the said courts, (except the court of Charleston district, in which ^JJ^^f^^^*^"^"
the business already commenced shall be continued in the district of Charles-
ton, established by this Act,) shall be transferred in manner following, that
is to say : when any district shall contain two or more of the districts es-
tablished by this Act, the suits, appeals and indictments, depending in the
respective superior courts of law of such district, shall be transferred to that
new district established by this Act, within such district, wherein the defen-
dant or appellee resides ; and where there are two or more defendants or
appellees, residing in different new districts, within the limits of such dis-
trict, then to such one of the said new di&tricts as the plaintiff or appellor
shall direct ; and where none of the defendants or appellees reside within
288 STATUTES AT LARGE
A. 1). 1793. Acts relating to Courts.
such district, then to such of the new districts therein, as the plaintiff or
appellant shall direct ; and all indictments to the new district where the
otience was committed. And all the said suits and indictments shall be
continued, proceeded on and determined in the respective courts to which
they shall be transferred, as aforesaid ; and all records of the said superior
courts hereby abolished, shall be transferred to the nearest district establish-
ed by this Act, there to be kept and continued.
Xil. And be it further enacted by the authority aforesaid. That the
Clerks of the several clerks of the courts required by this Act, shall be recommended by
courts, how to the judges of the county courts, resident in such districts where county
be appointed, courts are established, to his Excellency the Governor, who shall appoint
and commission the persons so recommended ; and that the several clerks
of the courts required by this Act, where no county courts have been here-
tofore held, shall be recommended by a majority of the justices- of
the peace in such districts,, to his Excellency the Governor, who shall'
commission and appoint the .clerks so recommended ; and a sheriff
shall be appointed for each of the said districts, who shall be elected by
a joint ballot of both branches of the Legislature, and commissioned by
the Governor or Commander-in-chief for the time being, according to the
constitution of this State ; which sheriffs and clerks shall perform, respec-
tively, in the districts and courts whereof they shall be appointed or chosen,
all the duties, and shall receive therefor the same fees and emoluments, and
shall be subject to the same rules, regulations and restrictions, now estab-
lished by law for and concerning the clerks and sheriffs of the several cir-
cuit and district courts in this State.
XIII. And whereas, it is in the contemplation of the Legislature of this
State, to establish an uniform system of judicature throughout this State,
and that the laws should be administered by one and the same judges
throughout the State ; Beit therefore enacted hy the authority aforesaid,
Court of war- That from and after the tirst day of January, one thousand eight hundred,
dens abolished, the sixth and seventh clauses of an Act entitled "An Act to explain and
amend an Act entitled 'An Act to incorporate Charleston, and to enlarge
the powers of the city council,' passed the twenty-sixth day of March, one
thousand seven hundred and eighty-four," be, and the same is hereby, re-
pealed.
XIV. And be it Jurther enacted by the authority aforesaid. That from
Attornies fees ^"^ after the commencement of the operation of this Act, the attornies
reduced. fees in the respective courts shall not exceed the present fees had by law,
upon the proceedings by petition and summons, in the present circuit
courts, in all cases whatsoever, wherein the county courts have hitherto
had exclusive jurisdiction, and in other cases the usual fees allowed by
law.
XV. And be it further enacted by the authority aforesaid, That two
Tw ■ do- ju'^g^^' ^^ addition to those already on the bench, shall be elected for the
added to die courts of Sessions and common pleas throughout this State, who shall be
present num- commissioned in the same manner, shall perform the same services, and
be entitled to the same salary, with the present judges of the courts of
sessions and common pleas.
XVI. And be it further enacted by the authority aforesaid. That an
Repealing Act of the General Assembly of this State, entitled "An Act for estab-
clause, as to li.shing the salary for the Governor of this State, and the salaries of other
chieffustice. Public officers ; and for other purposes therein mentioned," be, and the
same is hereby repealed, so far as relates to the judges of the courts of
sessions and common pleas, and the appointment of a chief justice.
OF SOUTH CAROLINA 289
Acts relating to Cotirts. A. D. 1793.
XVII. And be it further enacted by the authority aforesaid, That until
a court-house can be erected in a central and convenient position, in and Colleton court
for the district of Colleton, the courts for that district be held at Jackson- 1" ^^ ''^''1 ^',
borough; and that the prisoners to be contined for trial within the said*' "'^'''^""''"'"''
district, be sent to and confined in the goals of Charleston or Beaufort
districts.
XVIII. And he it further enacted by the authority aforesaid, That Paul.
Hamilton, William Boone Mitchell, Benjamin Perry, Colonel John Glaze, Commissioners
William Postel!, Benjamin Poste!!, William Jones, James P. Apple bury and \'|^J^,^']^y^^','VY
Joseph Roger, be, and are hereby, appointed commissioners to fix upon a i,t"o'^^l,'^SuTnter,'
convenient and central situation, M'hereon to establish a court-house and '^'i'"'"" «"«'.
goal for the said district of Colleton, and to contract for the building of JJi),',"eLm'tl''*'
the same : And that James Davis, William Taylor, Thomas Sumter, jr. houses.
Hubsrt Rees, George Cooper, John Cassels and John Witherspoon, jr.
shall be, and they are hereby, appointed commissioners to ascertain and
fix upon the most central place for the erection of a court-house and goal
in the district of Sumter ; and they are hereby directed to advertise for
undertakers of the said buildings, and report the terms to the next sitting
of the Legislature : And that until the said court-house and goal shall be
in sufficient condition lor the sitting of the court, the said commissioners
shall fix upon a prop^r place for the sitting of the same : And also, that
Colonel John M Ree, Dr. Thomas Wickham, John Ford, John Orr, Ben-
jamin Harrelison, James Crav^ford, Thomas Harley and Dr. James Ree,
be, and are haraby, appointed commissioners for the purpose of fixing on
a convenient and central situation, whereon ia establish and build a court-
house and gcal for the district of Marion, and to superintend the building
of the same : And that Aaron Smith, Isaac Bush, Elijah Ford, Jesse
Winburn and Tarleton Brown, be, and they are hereby, appointed com-
missioners for the purpose of fixing on a convenient and central situation,
whereon to establish and build a court-house and goal for Barnwell district,
and to superintend the building of the same : And that in case of the
death, or refusal to act, of any of the said commissioners, that the Gover-
nor of the State for the time being shall be, and he is hereby, required to
appoint a proper person or persons, to act as commissioners- as aforesaid,
in the place or stead of those so dying or refusing to act.
XIX. And he it further enacted by the authority aforesaid. That the
several clerks and sheriffs of the county courts throughout this State, shall present clerks
continue to act as heretofore, and to discharge the several and respective "'"* ^h'-nHs of
duties of clerk and sheriff in each of their respective counties hereby '■",'|"J;'„;.';i";|lf
established as districts, until the end of the first day of January, in the ml'i' is Ze '
year of our Lord one thousand eight hundred; or until clerks and sheriffs ''''''•■"^'^•
for the said districts established by this Act, shall be appointed, elected
and commissioned, as by this Act is directed.
XX. And he it further enacted by the authority aforesaid, That all Acts,
laws, and parts of Acts, that are contrary to this Act, or repugnant to the Omr^ral repeal-
true intent and meaning thereof, shall be', and the same are hereby, rtpcal- 'I'S clause.
ed, from and after the first day of January, in the year of our Lord one
thousand eight hundred.
In the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand seven hundred and ninety-eight, and in the twenty-third year of the Indejjen-
dcncR of the United States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker oj the House of Representatives.
VOL. VII.— 37.
STATUTES AT LARGE
Acts relating to Courts.
No. 1718. AN ACT to revise and amend an Act entitled "An Act to
ESTABLISH AN UNIFORM AND MORE CONVENIENT SYSTEM OF JUDICA-
TURE."
WHEREAS, it is necessary to make some amendments to the said Act.
Clause 1. Beit enacted by the honorable the Senate and House of Repre-
Courf?, when sentatives, now met and sitting in General Assembly, and by the authority of
to sit. the same, That the courts of sessions and common pleas shall sit in the fol-
lowing districts respectively, at the times following, that is to say : — for
Fairfield district, on the tiist Mondays in March and October in every year ;
for Newberry district, on the second Mondays in March and October in
every year; for Laurens district, on the third Mondays in March and Octo-
ber in every year; for Edgefield district, on the fourth Mondays in March
and October for every year; for Barnwell district, on the Mondays next
after the fourth Mondays in March and October in every year ; for Orange-
burgh, on the second Monday next after the fourth Mondays in March and
October in every year ; for Richland district, on the third Monday next
after the fourth Mondays in March and October in every year ; for Beau-
fort district, on the sixteenth days of April and November in every year;
the courts of Colleton and Beaufort districts to sit not more than five
days.
Clause 2. And be it further enacted by the authority aforesaid. That
Ricliland county, according to its present limits, shall constitute a distinct
district, to be called Richland district, and a court shall be held for the
same at Columbia, to sit on the day hereinbefore specified ; and that Fair-
field district and Richland district shall be, and they are hereby declared
to be, included in and to form part of the southern circuit.
Clause 3. And he it further enacted by the authority aforesaid, That the
Sheriffs' bonds, bonds of the sheriffs of the several districts hereafter to be elected, shall be
given respectively in the sums following, to wit : — the bond of the sheriff of
Charleston district, in the sum of thirty thousand dollars; the bond of the
sheriir of Georgetown district, in the sum of fifteen thousand dollars ; the
bond of the sheriff of Colleton district, in the sum of eight thousand dol-
lars ; the bond of the sheriff of Beaufort district, in the sum of five thou-
sand dollars ; the bond of the sheriff of Sumter district, in the sum of
twelve thousand dollars; and the bond of the sheriff of each and eveiy
other district in this State respectively, in the sum of seven thousand
dollars.
Clause 4. And be it further enacted hy the authority aforesaid. That the
Their security. ^'^-6'"^ffs of the districts aforesaid, respectively, shall give such security, to
be approved of by commissioners for that purpose to be appointed (in the
said several districts) by the Legislature, in manner and form, as in and
by the Act of the General Assembly of this State, entitled " An Act con-
cerning the office of sheriff," passed at Columbia on the twelfth day of
December, in the year of our Lord one thousand seven hundred and ninety-
five, is required and directed.
Clause 5. And be it further enacted by the authority aforesaid. That
Courts how ^^^^ ^^ *'^^ courts, (by the Act hereby to be amended,) estabhshed (except
long to sit. the court of Charleston district, which shall sit the time by the said Act
prescribed,) shall sit and adjourn from day to day, not exceeding six days,
till the business thereof be dispatched, if all the business can be done in
that time, but if not, what remains unfinished shall be continued or
OF SOUTH CAROLINA. 291
Ads relating to Courts. A. D. 1799.
adjourned over to the next court ; except also, the courts of Colleton and
Beaufort districts, which shall respectively, in like manner, sit five days,
and not longer ; any thing in the aforesaid Act to the contrary in any
wise notwithstanding.
Clause 6. And he it further enactedhy the authority aforesaid. That at
the first holding of the said several district courts, estabUshed by the Act Junes.
hereby to be amended, and once, at least, in every three years thereafter, it
shall and may be lawful for one or more of the associate judges of this
State for the time being, and they are hereby directed and required, to
cause new jury lists to be made from the tax returns of such districts for
the preceding year, which tax returns the sheriff of each district shall
procure from the tax collector thereof, Avho is hereby required, without
delay, to dehver the same to such sheriff, and the judge or judges attend-
ing at such court shall cause to be therefrom transcribed the names of
such persons who are entitled, by the constitution of this State, to vote for
members of the State Legislature, and shall put their names, in the man-
ner prescribed by law, in the division of the jury box numbered one.
Clause 7. And he it further enacted by the authority aforesaid, That one
or more of the associate judges aforesaid, during every time of holding of
each of the said several and respective district courts, shall cause to be
drawn, in the manner prescribed by law, the names of twenty-four persons
to serve as grand jurors, and also, the names of forty -eight persons to
serve as petit jurors and common pleas jurors, out of the division of the
jury box of such courts numbered one, to serve as grand, petit and common
pleas jurors at the next succeeding court for such district ; and the said
grand, petit and common pleas jurors shall be summoned and impannelled in
like manner as grand, petit and common pleas jurors now are.
Clause 8. And he it further enacted by the authority aforesaid, That a
juror who shall be legally summoned to appear and serve at any of the
courts established by the Act hereby to be amended, and shall neglect or
refuse so to do, shall forfeit and pay a sum not exceeding twenty dollars,
and seven per cent upon his general State tax for the year preceding, unless
such person shall shew good and sufficient cause of excuse, upon oath, to
any of the said judges, at the next sitting of the court after the sitting to
which such person shall have been summoned to serve as aforesaid, to be
recovered and applied in the same way and manner that fines for non-
attendance of jurors are by law recovered and applied.
Clause 9. And he it further enacted by the authority aforesaid, That„
11-11 1 1 1 1 • 1 • County courts
the several and respective county courts now estabhshed and held in tins abolished.
State, shall, from and after the first day of January next, be, and the same
are hereby, forever abolished.
Clause 10. And he it further enacted by the authority aforesaid, That
so much of the said Act hereby to be amended, as requires the suits, appeals
and indictments which shall be depending in the courts of Charleston dis-
trict on the first day of January next, to be continued in the district of
Charleston, estabhshed by the said Act, be, and the same is hereby,
repealed.
Clause 11. And ^e ^^' /l</'^/?er e««6'^<?^ by the authority aforesaid, That
if the day appointed by law for the holding and sitting of either of the ,
district courts of this State, shall happen to be on Sunday, then such court
shall be holden and sit on the day following.
Clause 12. And he it further enacted by the authority aforesaid, That
if one or more of the associate judges aforesaid, shall not attend and hold
292 STATUTES AT LARGE
A. 0. 1799. Acts relating to Courts.
such of the district courts in this State, on the day by law prescribed for
a'l')s^eir^e''*ithe ^^^ holding and sitting of such court, the clerk thereof, or his lawful deputy,
Judg§. shall open and adjourn such court from day to day, until one or more of
the said judges shall attend and hold the same, or untd the last day
appointed for the holding thereof, on which said last day, the clerk, or in
his absence, his deputy aforesaid, and in case of the absence of both, the
sheriff or his deputy, shall adjourn the same unto the next court, to which
time all actions depending in the said court shall be continued and have
day. •
Clause 13. And be it farllier enacted, by the authority aforesaid, That
Clerks how to the Governor shall appoint as clerks, such persons as snail be recommended
1)0 ai!j)oiute(.l, by a majority of the members of the Legislature, representing the several
^^' districts throughout this State, wherever the said ofKce shall become vacant
in the said districts respectively, to be commissioned during good behavior;
and every such clerk shall, before he be commissioned as aforesaid, give
bond in the sum of eight thousand dollars, with not less than two or more
than ten surities, to be approved of by commissioners to be for that purpose
appciiited by the Legislature, payable to the treasurers of the State for the
tmie being, and their successors in office, and shall deposite the said bond
in the office of one of the treasurers aforesaid : and in case of any vacancy
in the office of clerk, in any of the districts respectively, and no candidate
can obtain the recommendation of a majority of the representatives as
aforesaid, or their neglect to recommend a candidate for such vacant office,
that the Governor for the time being, be, and he is hereby, authorized to
appoint and commission as aforesaid, at his pleasure, any fit and proper
person to such vacancy.
Clause 14. And be it further enacted by the authority aforesaid, That
Thpiibnnds, it shall be lawful for any person or persons, body politic or corporate, to sue
luwio )e sue • ^^^^^i bond for any breach of the condition thereof; and the said treasurers
for the time being, or either of them, shall, on application to him or them
for that purpose made, deliver a copy of such bond, by him or them certified,
which copy so certified shall be sufficient evidence of such bond in any
of the courts of this State.
Clause 15. And be it further enacted, by the authority aforesaid. That
Attoiney's SO much cf the said Act hereby to be amended, as concerns the fees of
^^^^' attornies, be, and the same is hereby, repealed.
Clause 16. And be it further enacted by the authority aforesaid, That
Courthouses the court houses and gaols for the districts hereinafter named, shall be
aiK goa s. erected and built at the places hereinafter mentioned, that is to say : — for
Colleton district, in the village of Jacksonborough ; for Marion district, at
or near the plantation of Thomas Godbolt, sen. (but until the court house
shall be built, the court for Marion district shall be held and sit at the
house of Thomas Godbolt, jun ; ) for Barnwell district, at or near the
plantation of John O Bannion ; and for Sumter district, at or near the plan,
tation of John Gale, and until a court house shall be built, the court of
the said district shall be held at the house of the said John Gale; and that
John Peter Richardson, Reuben Long and John Ervin James, be appointed
commissioners to contract for and superintend the building of the said court
house and goal.
Clause 17. And be it further enacted by the authority aforesaid, That
any prisoner or prisoners whom it may be lawful and necessary to imprison ,
in any of the new districts, by the Act hereby to be amended, established,
OF SOUTH CAROLLNA. 293
Acts relating to Courts. A.I). I79!t.
may be lawfully committed to and imprisoned in the goal of the old dis-
trict, out of which such new district shall have been formed, until a sutii-
cient goal shall have been provided for such new district.
Clause 18. Aiid be it further enacted hy ihe Viwihoviiy d,^Qvesa.\A, Thatj^^ ^^y
all Acts, laws, and parts of Acts, that are contrary to this Act, or repugnant clause.'"^
to the true intent and meaning thereof, shall be, "and the same are hexebv
repealed. ' '
Clause 19. And he it further enacted by the authority aforesaid. That
if any attorney in this State shall demand or take any greater fee in any
action of law or summons and petition, or for making defence m either of r,k'ini''[inkw
them, than IS established by law, such attorney shall forfeit and pay the ii'l fees.
sum of fifty pounds sterling ; to be recovered by any informer who shall
inform and sue for the same, by action of debt for the penalty, in any court
of record having jurisdiction.
In the Senate House, the eighteenth <lay of December, in the year of our Lord one
thousand seven hundred and ninnty-niiie, and in the twenty-fourth year of the Inde-
pendence of the United States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker of the House of Representatives.
AN ACT SUPPLEMENTAEY TO AN AcT ENTITLED " An AcT TO ESTAB- No. 1737
LISH AN UNIF0R3I AND MORE CONVENIENT SYSTEM OF JUDICATURE.''
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 all writs and other process of law whatsoever, which 'end m J .mihe
shall have been sued and prosecuted, according to the existing laws, (iut of 1st January,'
and from any of the courts of common pleas, or any of the county courts, '^""' '^"^ '■^'
of this State, on or before the first day of January next, and be depending', '"'■"'''''®'
shall be deemed, to all intents and purposes whatsoever, and they are, and
each of them is declared to be, by virtue hereof, legally tested, issued
and returnable, respectively, to the court of that district to which they shall,
from and after the day aforesaid, be by law respectively transferred, therein
to be continued and have day ; any law, usage or custom to the contrary
in any wise notwithstanding ; and that all the business now depending in
the court of wardens shall be transferred, in manner aforesaid, to the court
of common pleas of Charleston district.
n. And be it enacted by the authority aforesaid. That all judicial pro-
cess shall be tested in the name of the senior associate judge, and signed J''"ed'^ *? ^^
by the clerk of any of the district courts of this State, and be sealed withseded.^"
the seal of such court, and be made returnable to the clerk of the court to
which it shall be returnable, fifteen days next before the sitting of such
court ; and the said process shall and may be served in any district of the
State.
HI. And be it enacted by the authority aforesaid. That in all cases
where there shall be two or more defendants in any action, residing in difler-
ent districts, the plaintiff in such action may try the same in the court of
294 STATUTES AT LARGE
A. I). 1799. Acts relating to Courts.
the district wherein either of the defendants shall reside, be arrested or
taken.
IV. And be it enacted by the authority aforesaid, That every execution
H w execu- ^*^ ^^ isssued from and after the said first day of January next, out of or
tions are to be from any district court in the State, shall be issued from the court of the
issued and district in which verdict or judgment shall have been obtained, and shall
nuary 1, 1800. be tested in the name of the senior associate judge, and be signed by the
clerk, and sealed with the seal of such court, and shall be served by the
sheriff of the district, or his deputy, wherein the defendant or his property
may be found.
V. And be it enacted by the authority aforesaid. That any writ or
Process issued other process , of law whatsoever, which shall be issued out of and from any
?^'^ R /^"?^ ir district court of the State, from and after the said first day of January
bear test from next, returnable to such court at the next sitting thereof, after the day last
January], aforesaid, shall bear test on the said first day of January next ; any law,
^^' usage or custom to the contrary thereof in any wise notwithstanding.
VI. And be it enacted by the authority aforesaid, That the clerk of any
^, , f district court, or anv justice of the quorum in the district wherein he shall
Clerk 01 anv i n i" i i i • i • i • i
district court, be resident, shall be, and hereby is, authorized and required to give, on
or justice ol liie p,.Qpgj. afiidavits to him for that purpose submitted, an order for reasonable
thorized to give bail, in any action Avherein bail may be proper, but not a matter of course,
an order for which shall be Commenced in such court ; and also to take any recognizance
bail, 'Jl^^^.l'* ^ of special bail, in due and legal form, in any cause which shall be depend-
ing in such court, and to certify and transmit the same to the judges or
clerk thereof.
VII. And he it further enacted by the authority aforesaid. That from and
Writs of at- after the passing of this Act, it shall not be necessary to petition, as hereto-
tachment, sum- fQj.g^ ^jjy Qf the judges of the State for any writ of attachment, summons
er or in parti- in dower, or ill partition, but the same shall be, and hereby is declared to be,
tion, demanda- demandable of common right, and shall be of course sued and issued in
ble in district common form out of any district court having jurisdiction in this State ;
court. / ~ . => •* . . , ,. '
any law, usage or custom to the contrary in any wise notwithstanding :
Provided ahvays , that no writ of attachment shall issue before the plaintiff
has given bond to the defendant in double the amount for which the attach-
ment issues, to be taken by and lodged with the clerk of the district, to be
answerable for all damages which the defendant may sustain by any illegal
conduct in obtaining said attachment.
VIII. A7id be it enacted by the authority aforesaid, That from and after
the first day of January next, there shall be, and hereby is, established in
iia°-y'^'es°abli'sh- ^^*^b district in the State, a court of Ordinary, which said court shall have
ed. and possess the same power and authorities that heretofore have been vested
in the courts of Ordinary in this State.
IX. And be it enactedhy the authority aforesaid. That judges of the said
Judges appoin- courts of Ordinary shall be chosen by joint ballot of the two houses of the
ted by the Le- Legislature, which judges shall exercise and administer, each in the respec-
gis ature. ^j^^ district for which he shall be appointed, all the powers of the court of
Ordinary.
X. And be it enacted by the authority aforesaid. That it shall and may
Empowered to ^g lawful to and for anv judge of anv court of Ordinary in this State, to
summon per- • i- T i ^ " l ■* i. j.-
sons. issue a summons, directed to any person or persons whose testimony may
be necessary for the investigation of any cause which shall be depending in
his said court, which said summons shall be signed by the judge who shall
issue the same, and sealed with the seal of the court whereof he shall be
judge.
OF SOUTH CAROLINA. 295
Acts relating to Courts. A, I). 1799.
XI. And be it enacted by the authorit}' aforesaid, That all sheriffs and
deputy-sheritis are hereby authorized and required, duly to execute all sum- ^^jg process. '
monses and other precepts whatsoever, to them or either of them directed
by the judge of any court of Ordinary ; and every person who shall, at any Persons ne-
time or times hereafter, be duly summoned to attend and give evidence inf'''S''!''i '° ^^'
f /-\ ^■' line 1 1 tt^ncl, to be pro-
any of the said courts or Ordinary, and shall reiuse or neglect no to do, eeedeil against.
such person shall be subject to the same penalties and liable to be proceeded
against in the same manner, by process of such court, signed and sealed
as aforesaid, as if such person had refused to appear or give evidence, when
thereunto lawfully required, in any district court of this State.
XII. A?idbeit enacted by the authority aforesaid. That if any person or
persons shall think themselves aggrieved by the judgment, sentence, decree, ygj*'""^^^^','®"
determination, denial or order of any of the courts of Ordinary, aforesaid, peal.
it shall and may be lawful for such person or persons to appeal therefrom,
to the court of common pleas of the district in which the said court of "Or-
dinary shall be holden, within twenty days next after such judgment, sen-
tence, decree, determination, denial or order shall have been given.
XIII. And be it enacted by the authority aforesaid, That the judge or
judges who shall preside in the court of common pleas of any district with-Ju'^g^^ °^ *'^^
in this State, shall, and he is, and they are, hereby expressly authorized, to"(jyter,|,i,)e
required and enjoined to receive, hear and determine, in the said court ofai)peals.
common pleas, all, and all manner of appeal and appeals whitsoever,
which shall, from time to time, be as aforefaid made thereto, from any judg-
ments, sentence, decree, determination, denial or order of any court of
Ordinary of such district, according to the customs, usage and practice, as
heretofore used in case of appeal from the county courts ; and that all mat-
ters of fact shall be tried by a jury.
XIV. And be it further enacted by the authority aforesaid, That all the
associate judges of this State shall meet at Columbia, on the Tuesday next judo-es to meet
after the conclusion of the circuits, in every year, for the purpose of de- at Columbia,
termining all motions which may be made for new trials, and in arrest of
judgment, and such points of law as may be submitted to them ; but no
such court shall be held in any of the cases aforesaid, by less than four of
the said judges ; nor shall any judge who shall have presided at the trial
of any cause in any of the district courts of this State, ever sit or vote at
such meeting of the said judges on the same cause, or any matter or thing
whatsoever, which shall arise out of or shall concern the said cause; and
that the judges aforesaid, in all matters of law by them decided on demur- Each judge
rer, special verdict, or motion in arrest of judgment, each shall give his^'^all give his
opinion separately, with the reasons thereof, in writing, and subscribe the °i,j'cr.
same, that it may be kept and filed with the record ; and every judge shall,
w]ien thereunto required, sign and seal a bill of exceptions.
XV. Knd be it enacted by the authority aforesaid. That if at any court
directed by law to be held in the several districts throughout this State, two If two or more
or more judges of session and common pleas shall attend, it shall be lawful ■jj^g^''^jjjj^y"®jj"g^
for the said judges, severally, to hold, at the same time, a court of general tinctly liold a
sessions of the peace, oyer and terminer, assize and general goal delivery,';?"'''^ °*! ^^^"
and a court of common pleas, distinct from each other ; and also to hold , dis- ,ijon pieas.
tinct from each other, a court of common pleas for the trial of issues, and
a court of common pleas for the execution of writs of enquiry, and for
hearing and determining of causes within the summary jurisdiction of the
said court.
XVI. And be it enacted by the authority aforesaid, That from and after
•293 STATUTES AT LARGE
A. I). 1799. Acts relating to Courts.
the first day of January next, the jurisdiction of justices of the peace, and
Jurisdiction of of justices of the quorum, throughout this State, shall extend to all mat-
a innffistiate |gj.g ^f debt or Other demand, arising from contract, and in no other ^-ase of
debts ofi20do!-<i civil nature whatsoever, to twenty dollars, to be recovered by the same
lars. proceedings as have been heretofore used in the trial of causes small and
mean, before such justices as aforesaid. But if either of the parties shall
conceive- him, her or themselves injured or aggrieved by the judgment, de-
cree or sentence of any justice of the peace or quorum, where the debt or
Ether liirtv demand is for any sum above si.x dollars, such person or persons may have
may appeal, an appeal to the first court which shall be held for the said district wherein
such judgment, decree or sentence is given or awarded, upon giving sufficient
security to prosecute such appeal to effect, or, on fiiilure thereof, to satisfy
the costs and condemnation of the said court ; and the said court shall
hear and determine the said appeal, according to the justice of the case, and
award execution against the person or persons cast therein.
XVII. And he it further enacted by the authority aforesaid, That the
attornies fees in those cases where it may be deemed necessary by either
incases of ap- P'^^'K^ ^^ have an attorney, that the attorny's fees, in future, shall be only
peal. two dollars in all cases of appeal from the judgment of a justice of the
peace or justice of the quorum.
XVIII. And be it further enacted- by the authority aforesaid. That the
Clerk of court dgj-j^ (jf j{,g court of each district shall be, and is hereby, constituted regis-
ri^gister. ter of mesne conveyance for the same, in those districts wherein county
courts have heretofore been established, and in the following other districts,
that is to say: Marion district, Colleton district, and Bsaufort district.
XIX. And be it enacted by the authority aforesaid. That if it shall so
happen at any time, that there shall be a vacancy in the office of clerk of
office ill clerk ^^^ court of common pleas of any of the districts, by reason of the death
is viicaiit, ihe or resignation of anv of the clerks thereof, or otherwise, and the same shall
juusre snail p J. jjg filled up, (as by law directed.) in time for the sittinor of the court,
appoint. 1-1 1-1 -1 • 1- • •
then, and in every such case, the judge or judges, presiding or sitting at
such court, shall and may appoint a proper person to act as clerk, during
the sitting of the said court.
XX. And be it enacted, by the authority aforesaid. That it shall and
Former clerks may be lawfuU for the commissioners of the roads in the several and res-
actount \o pective counties throughout this State, to call on the late clerks and sherifTs
coniniissioners of the said counties, and all other persons having any monies, bonds,
of roads. notes or accounts in their hands belonging to the said counties, for the
same ; and the said persons are- hereby directed and required to deliver
up or pay over the same to the said commissioners of the roads, or their
order, for the use of the poor of the said districts respectively.
XXI. And whereas, many inconveniences have arisen, and still arise, b}''
All execiuion!= reason of the sherifTs and coroners of this State not returning executions
to be returned lodged in their offices, as the law directs, notwithstanding the several laws
appoLted? already made to compel them ; Be it therefore enacted, by the authority
aforesaid. That if any sheriff or coroner shall hereafter neglect or refuse
to return any execution or executions that shall or may be lodged in their
offices, with due returns thereon, as the law directs, and at the times ap-
pointed by law, every such sheriff or coroner shall, for every such execu-
tion not returned as aforesaid, forfeit and pay a sum not less than forty
nor more than two hundred dollars, to any person who shall sue for the
same, and shall not thereby be exonerated f^rom such other pains and pen-
alties as by law they are subject to ; j^^ovided, nothing herein contained
OF SOUTH CAROLINA. 297
Acts relating to Courts. ^- ^- '^9^"
shall be construed to compel any sherifi' or coroner to return any execu-
tion lodged in their otfices expressly to bind property, and so marked by
the persons lodging the same.
XXII. And he it enacted hj the authority aforesaid, That hereafter, in
all actions of trespass to try titles to lands, in all actions of trespass on '" ^" actions
the case, in all actions of trover, and in all actions of detinue, or any of piaj,;tif}- gi,'„i[
them, brought to establish or try the right of title in any kind of property, have costs, if
if the plaintiff establishes his right of property therein, he shall, in every ^,^^Jg''|.|^'^^"*
such case, recover and have his full costs of suit, wherein the verdict shall dollars.
be above four dollars.
XXIII. And he it enacted by the authority aforesaid, That hereafter, *'"»'^/«c»o»
it shall not be necessary for any sheriff to have any witness or witnesses witness.
present at the service of any writ of scire facias.
XXIV. And he it enacted by the authority aforesaid, That so much
of an Act passed the twentieth December, in the year of our Lord Time-^nnd pla-
one thousand seven hundred and ninety-one, as relates to the times and ^^j^ij^'^'' ^^11'^''^.^^
places of holding the courts of equity for Charleston, Columbia and Cam-
bridge, be, and the same is hereby, repealed.
XXV. And he it fnacted by the authority aforesaid, That the districts
now established, be divided into four equity circuits, that is to say : the Dif^tilcts divid-
Eastern, Northern, Western and Southern ; that the Eastern circuit shall ""l' '"'." '""'"
• Circuits
consist of the united districts of Charleston, Colleton and Beaufort, the
court of equity for which shall be held in the city of Charleston, on the
first Monday in May and November, in every year ; and also of the
united districts of Georgetown and Marion, the court for which shall be
held at Georgetown, on the first Monday in February, in every year ; that
the northern circuit shall consist of the united districts of Darlington,
Marlborough and Chesterfield, the court for which shall be held at Green-
ville, in Darlington district, on the second Monday in February, in every
year; and also of the united districts of Lancaster, Kershaw, Sumter,
Richland and Fairfield, the court for which to be held at Kershaw court-
house, on the third Monday in February and first Monday in December,
in every year : that the Western circuit shall consist of the united districts
of Spartanburgh, Union, York and Chester, the court for which shall be
held at Union court-house, on the fourth Monday in February, in every
year ; and also of the united districts of Greenville, Laurens and New-
berry, the court for which to be held at Laurens court-house, on the Mon-
day next after the fourth Monday in February, in every year: that the
Southern circuit shall consist of the united districts of Pendleton, Abbe-
ville and Edgefield, the court for which shall be held at Abbeville courts
house, on the second Monday next after the fourth Monday in February,
in every year ; and also of the united districts of Barnwell and Orange-
burgh, the court for which shall be held at Orangeburgh court-house, on
the third Monday next at\er the fourth Monday in February in every year.
XXVI. And he it further enacted by the authority aforesaid. That the
sheriffs of the districts within the respective limits of which said courts f//^|^g''p\,^g^'"^^^
shall be held, are enjoined and required to execute, or cause to be executed cessissui d
by his lawful deputies, all process from the court of equity in the several^'"'" ''.'^ court
districts belonging to its jurisdiction as aforesaid ; and that he shall attend,
or cause his lawful deputy so to do, the said coiu't of equity during the
time of its sitting ; that two of the said chancellors shall attend at each
court of eqfiity hereby established.
XXVII. And hr it. enacted by the authority aforesaid. That all causes
VOL. VII 38.
298 STATUTES AT LARGE
A . D. 1799. Acts relating to Courts.
Commissioners °^ equitable cognizance, arising within any of the districts of this State,
in equity and shall be tried and determined in the jurisdiction of circuits herein before
reg;isters to be (jescribcd and marked out, and that commissioners in equity and registers,
shall be appointed for each of the said equity circuits or districts, in the
manner prescribed by an Act passed on the nineteenth day of February,
one thousand seven hundred and ninety-one, entitled "An Act to estab-
lish a court of equity in this State."
XXVIII. And be it enacted by the authority aforesaid. That the attorney
Attorney-gene- general and the several solicitors respectively, be, and they are hereby,
tors"to rev/ve" authorized and required to proceed immediately to revive all suits, either
suits of tlie at law or equity, commenced pursuant to the "Act to provide for the final
''"'^''*'" settlement of the former commissioners of the treasury," passed the nine-
teenth day of February, one thousand seven hundred and ninety-one,
against tax collectors and others, defaulters in making returns or payment
of the public taxes, and that it shall be lawful to revive the same m the
name of the commissioners of the treasury for the time being, unless
otherwise provided for by law.
XXIX. And whereas, many suits in the courts of equity have not been
Suits pendine-, finished, for want of a competent number of judges, and it is but just and
revived. proper to prevent the said suits from being out of court, and also to pre-
vent an unnecessary expense accruing by the revival of the said suits ;
Be it therefore enacted by the authority aforesaid, That all suits which
were in court the day the late Chancellor Matthews resigned, be, and
they are hereby declared to be, in court, and precisely in the same situa-
tion as they then were ; any law, usage or custom to the contrary not-
withstanding.
XXX. And he it enacted by the authority aforesaid, That any sheriff,
Sherifis, (fee. to or clerk of any court, or judge of the court of ordinary, or coroner of
quality before ojjy fiigtj-iet in the State, shall and may qualify and take the oaths by
thcTquormii! " ^^^ prescribed to be taken by such sheriff', clerk and judge respectively,
before any two justices of the quorum for the district for which such
sheriff", clerk and judge as aforesaid shall have been appointed ; and such
justices of the quorum are hereby authorized and required to administer
such oath.
XXXI. And be it enacted by the authority aforesaid, That there shall
Money appro- j^^ paid, out of any monies in the treasury not otherwise appropriat-
building court ed, the sum of five thousand dollars, and no more, for the purpose of
houses and erecting a goal and court-house in each district in the State, except
Georgetown, Charleston, Orangeburgh, Beaufort and Kershaw districts;
and the sum of ten thousand three hundred dollars for Colleton district.
XXXII. And be it enacted by the authority aforesaid. That all and
Records of singular the records of the several and respective county courts in this
county courts State, shall, from and after the first day of January next, be transferred
ied ''^^"^'^^'" into the district court in which such county shall be included, there to be
kept and continued of record.
XXXIII. And whereas, by the laws of this State, as they at present stand,
Clerks to grant fill persons having occasion for commissions from the court of common
commissions to pleas to examine witnesses who are without the hmits of this State, or
nesses. ' ^^ich witnesses whose attendance cannot be procured by reason of their
age, sickness or infirmity, are obliged to make application to one or more
of the judges of the court of common pleas, whereby great delay, trouble
and expense are often occasioned; Be it therefore enacted by the authority
aforesaid, That hereafter, it shall and may be lawful for the clerk of the
OF SOUTH CAROLINA 299
A.cU rdathig to Courts. A. D. I7i)9.
court of common pleas of any of the districts in this State, wherein any
action or suit is depending, upon the application of any person interested
therein, to grant a commission or commissions, to examine witnesses out
of the State, or such witnesses whose attendance cannot be procured by
reason of their age, sickness or infirmity, touching their knowledge of the
matters and things in controversy and dispute between the parties in the
said action or suit, in as full and ample a manner as if the said application
had been made to one of the judges of the said court ; provided, that ten
days notice be given, and the other requisites in such case by law required,
be complied with.
XXXIV. And whereas, it is often times troublesome, expensive and incon-
venient to persons willing to be admitted the guardians of negroes, Indians, Persons wil-
mulattoes and mustizoes claiming their freedom, to travel or take a long ti^g^„ "^^J^""'^
journey, in order to get their petitions for that purpose laid before one of ofuf^gioes, &c.
the judges of the court of common pleas, as the law at present requires ; '^° *?'? ''^''"'
Be it tlierefore enacted, That hereafter, it shall and may be lawful for such
petitioners to file their petitions in the office of the clerk of the court of
any of the districts, whereupon the said clerk shall admit such petitioners
to be the guardians of such negroes, Indians, mulattoes or mustizoes; and
such guardian or guardions so admitted, may bring, support and maintain
an action or actions for the purpose of recovering, establishing and secur-
ing the freedom of such negroes, Indians, mulattoes or mustizoes, together
with all such costs and damages as are usually allowed in such cases, by
reason of their detention.
XXXV. And whereas, lately, during the establishment of county courts
in this State, a variety of matters and things, in such parts of the State f^P"""'ssioners
where county courts were established, were referred and given to and J^lay^trTm''^
confided in the said county courts, and to the judges thereof; and w]iereas,y-icences.
an Act is now passed by the Legislature, among other things abolishing
the said courts, whereby it becomes necessary to provide for the arrange-
ment of the said several matters and things, and to make the laws uniform
throughout the State ; Be it therefore enacted, That hereafter, the com-
missioners of the roads throughout the State, or a majority of them, in
their respective districts, shall have full power and authority to order
licences to be granted to proper persons to keep taverns and retail spiritu-
ous liquors, and also to persons to keep billiard tables; which licences,
when ordered, shall be granted and delivered out upon the terms and con-
ditions provided by law.
XXXVI. And be it further enacted by the authority aforesaid. That from
and after the first day of January next, the same laws that are now in The luws lela-
force relative to estrays, in such parts of the State where county courts ''^e to estrays.
have not been established, shall prevail, and are hereby declared to be the
law of the land, throughout the State.
XXXVII. And be it further enacted by the authority aforesaid. That all inlaws rela-
laws now of force relative to the late or present circuit courts or districts tive to circuit
of this State, be construed to intend and relate to the new districts, and ^Hct"%°!an ^'
the courts thereof, now established, as far as the same are applicable, com- relate to the
patible or consistent with the laws made relative to the new districts. "^^ districts.
XXXVIII. And. be it further enacted by the authority aforesaid, That if
any of the judges on the circuits shall, at any time, happen to be sick, or shluT.eVickr
become indisposed, and unable to hold the courts in his circuit, it shall and the Governor
may be lawful for his Excellency the Governor to appoint and commission '"'^-^ "Ppoint a
• 1 1.1,1 ^ ■ , proper person
some proper person to sit as judge, and hold the courts of sessions and to sit.
common pleas in that circuit ; and all acts and proceedings by and before
Solicitors to
receive §500
per annum.
Judges to ap-
point a cleric to
attend at
Columbia.
Sheriff of
Richland di.=;-
trict to attend
the sittings.
Repealing
clause.
STATUTES AT LARGE
I Acts relating to Courts.
such person so commissioned, shall be as valid as if had by and before
any one or more of the judges of the courts of sessions and common
pleas of this State.
XXXIX. Whireas, the duties of the solicitors are by the present arrange-
ment of the circuits very considerably increased, and the business apper-
taining to their office much multiplied ; Be it therefore enacted by the
authority aforesaid. That they shall be respectively entitled to receive the
sum of five hundred dollars per annum, to be paid by the treasurers quar-
terly in every year.
XL. And he it enacted by the authority aforesaid, That the judges
of the courts of law shall appoint a clerk, whose duty it shall be to attend
at every meeting and sitting of the said judges at Columbia, after the
conclusion of the circuits, and keep the records of the courts to be holden
by the said judges, after the adjournment of the circuit courts, and make
all such entries, and record all such orders, and file and keep all such
necessary papers, as heretofore has been done by the clerk of Camden
district ; for which he shall be allowed the annual sum of one hundred and
forty dollars. And it shall be the duty of the sherifi' of Richland district
to attend at every meeting and sitting of the said judges, after the con-
clusion of the circuits, to perform such official services as by the said
judges shall be required ; and he therefor shall be allowed, annually, the
sum of fifty dollars.
XLL And be it Jurtlier enacted by the authority aforesaid, That all
Acts, laws, and parts of Acts, that are contrary to this Act, or repug-
nant to the true intent and meaning thereof, shall be, and the same are
hereby, repealed.
In the Senate House, the twenty-first day of December, in the year of our Lord one
tliousand seven hundred and ninety-nine, and in the twenty-fourth year of the
Independence of the United States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Jr. Speaker of the House of Representatives.
No. 1761. AN ACT to establish a Court of Inferior Jurisdiction in the
City of Charleston ; and to extend the Jurisdiction of Magis-
trates THROUGHOUT THE StATE , EXCEPT THOSE RESIDENT IN THE
City of Charleston.
Preamble.
Court estab-
li.<ihed.
WHEREAS, great inconveniences have arisen from the abolition of the
jurisdiction of the court of inferior jurisdiction, in the city of Charleston,
as well to the citizens of Charleston, from the peculiar modes of doing
business in the city, as to the suitors and persons having business in the
district court, by reason of the great accumulation of causes therein ; and
whereas^ the citizens of Charleston have by their memorial stated divers
grievances, and prayed the interference of the Legislature in this behalf.
I. Be it tkerifore 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 first day of March next, a
court for the hearing and determining of causes of a civil nature, arising
OF SOUTH CAROLINA. 30i
Acts relating to Courts. A. D. 1801.
within the limits of the said city of Charleston, and for the trial of all
offences against the by-laws of the city of Charleston, shall be, and the
same is hereby, constituted, estabhshed and authorized, to be a court of
record, possessing concurrent jurisdiction with the courts of ses.-ions and
common pleas, to the amount hereinafter declared and limited ; and which
concurrent jurisdiction with the court of sessions, shall be confined entire-
ly to such offences as are against the by-laws of the corporation, and shall
not extend to corporal punishment.
II. And he it further enacted by the authority aforesaid. That the said
court hereby erected, directed and established, shall be called the Inferior T'-'^eholden
City Court, and be held by the Recorder of the city of Charleston ; and that ^Zr^^ '^'"'''
the city council shall fix and provide such compensation for the recorder as
may be fit and proper, and proportioned to the importance of his station,
and which compensation shall not be increased or diminished during l^is
continuance in office, to be paid by the city tax ; and the said recorder shall
hold his commission during good behavior.
III. A?id he it further enacted by the authority aforesaid. That all issues,
controversies and litigations in the said court, of which the value shall '^'■'''''' '" '^"'f'
exceed the sum allowed by law for the jurisdiction of a single magistrate, jW *° ^^ ^^
shall be tried by a jury, according to the regulations and forms prescribed
bylaw in cases of trial by jury; and to that end, the city council of
Charleston shall cause a jury box for the said city to be made, and a jury
list to be provided for the same ; from which box, jurors shall be drawn,
summoned and empannelled for the trial of causes, in like manner, and
under the same penalties, as are established by law and usage in the 'court
of sessions and common pleas ; Provided, that no venire facias shall at any
time issue for more than twenty-four jurors, to serve at one court, any
twelve of whom attending, shall form a jury ; and in case of non-attend-
ance of the jurors so drawn and summoned, their places may be supplied
by talesmen, drawn in the usual mode; but no person shall be liable to
serve twice, until all the names in the said jury box shall be drawn out.
All persons possessing the qualifications prescribed for jurors by the laws
of the State, and usually residing in the city, or who have resided therein
for six months before their being drawn, and there being at the time
of being drawn and summoned, shall be liable to serve as jurors in the
said court; saving and reserving to all persons, all lawful excuses and
exemptions, as in other courts.
IV. And be it further enacted by the authority aforesaid. That the
jurisdiction of the said court shall and may extend to the maintaining of "',""*^'<=ti"1
all actions, suits and prosecutions, for the recovery of any debt or sum of nS'^ '^^^'^'
money arising on contract, express or implied ; and for offences against the
by-laws of the corporation of Charleston ; Provided, that no verdict or
judgment in the said court shall exceed one hundred dollars in any one
action, exclusive of costs and charges; and also provided, that no suit or"
action shall be brought or maintained in the said court, unless the contract
or cause of action hath been made or arose within the limits of the said city
of Charleston ; and that between persons resident in the said city, or
between persons resident and foreigners, or between foreigners at the time
of said contract or cause of action, or citizens of the United States. But
nothing herein contained shall be construed to bar any person from suing
any person resident in the said city, (in the said court,) for any sum not
exceeding one hundred dollars, exclusive of costs as aforesaid.
V. And he it furtlier enacted by the authority aforesaid. That no citizen
302 STATUTES AT LARGE
A.I). 1801. Acts relating to Courts.
of this State, not having resided within the limits of the city for three
months immediately preceding the commencement of the suit, process or
action, or who shall not have been in the habit of residing there during
four months in the year, preceding the commencement of the suit, shall be
liable to be sued in the said court.
VI. And he it further enacted by the authority aforesaid. That the court
Manner of pro- hereby established and authorized, shall hold its term and sitting on the first
ceeding.in said Monday in every two months, for the dispatch of business, and may con-
'"'"'''■ tinuG to sit for any time not exceeding six days ; and all issues and business
not then disposed of, shall be considered as adjourned over to the succeed-
ing term; and all motions for new trial, in arrest of judgment, and all
other questions of law, may be moved for on the second Monday of each
term, and the court shall and may sit three days for hearing and determin-
ing such motions and questions. All writs and process shall be issued by
the clerk of the said court, and shall be made returnable to the tirst day of
the term next succeeding the issuing of the same ; and the defendant, upon
entering special bail, if required, shall, in all cases, be entitled to imparl
until the last day of the said term ; at which time, or within ten days there-
after, the defendant shall file his plea or defence, in writing, with the clerk
of the court, or the plaintiff may take judgment by default ; Provided, ihat
where judgments are taken by default between the first and second term ,
no execution shall be enforced thereon till after the second day of the suc-
ceeding term ; and the defendant may, at the meeting of the court, on the
first day thereof, move to be let into any substantial defence, upon condi-
tion of pleading issuably instanter, and going to trial during that term.
VII. And he it further enacted by the authority aforesaid. That the
Power of the said city court of Charleston shall be,Vnd it is hereby, invested with power
court defined, and authority to grant rules; to hear and determine motions for new trial,
in arrest of judgment ; and all questions of law arising out of causes within
its jurisdiction ; to issue subpoenas for the attendance of witnesses ; to grant
commissions for the examination of witnesses ; to issue executions of fieri
facias, against the real and personal property of defendants ; to issue writs
of capias ad respondendu?n, and also writs of capias ad satisfaciendum;
to punish for contempts ; and also all other the usual process, according to
the known and approved rules of the common law, and of the Acts of the
Assembly in such cases provided. But it is hereby declared and provided,
that no process or writ issuing out of the said court, shall extend or be of
force for service or execution out of the limits of the said city, except com-
missions to examine witnesses ; and that all writs shall be served and return-
ed ten days before the sitting of the court aforesaid.
VIII. And be it further enacted by the authority aforesaid, That in all
Not to try controversies where the title of lands shall be brought directly into question,
titles to land. ^^ ^^ ^^ |^j, .^ material part of the issue, the said court shall not hold plea
thereof, or proceed thereon, but the cause shall be moved by certiorari into
the district court, and the plaintiff shall be obliged so to remove it, or a non-
suit be entered against him, and costs of suit taxed, as in other cases of
non-suit.
IX. And he it further enacted by the authority aforesaid, That whenever
Appeals may anv party shall think himself aggrieved by any decision or proceeding of
be made from t^g said court, it shall and may be lawful to appeal to the judges of the
therein"^ court of common pleas, by certiorari, writ of error, or bill of exceptions ;
and the said judges shall revise and consider the same, and make such
OF SOUTH CAROLINA. 303
Acts relating to Courts. A. I). 1801.
order therein as mav be consonant with law and justice. Writs of man-
damus and prohibitions shall and may issue from the courts of common
pleas and sessions into the said court, as usual.
X. And be it further enacted bv the authority aforesaid, That it shall be
lawful for the intendant and wardens, and the said recorder, to prescribe, ticeofthe court
and from time to time to regulate, the practice of the said court, and of the may be regula-
attornies therein, conformably to this Act, and as nearly as may be to the^*^*^"
forms and rules used in the courts of law in this State.
XI. And be it further enacted by the authority aforesaid, That fees
of attornies, and of the clerk and sheriff", in the said court, shall be, in all Fees of attor-
respects, the same as are now allowable by law in the summary jurisdiction ""-'^i clerk and
of the court of common pleas, to which it shall and may be lawful for the ^
city council to prescribe and add any sum not exceeding one dollar, on each
cause, to defray the extraordinary expense which the said city may incur
by reason of tlie establishment of the court hereby established.
XII. And be it further enacted by the authority aforesaid. That the said
recorder shall not be permitted to plead in a superior court in any cause Recorder not to
which has been argued before or adjudged by him ; and that any person {.'^g^g'"*^*^' ^'"
shall have a right to appeal from the judgment of the said court, to the
superior court of sessions or common pleas within the said district, on Oath to be
making oath that he verily believes he has substantial justice on his side, made by appel-
and that he does not appeal merely to delay the operation of law and
justice.
XIII. And be it further enacted by the authority aforesaid. That justi-
ces of the peace and of the quorum, except in the city of Charleston, jungaiction of
throughout the State, shall have jurisdiction in all cases of debt, secured magistrates
by bond, note or bill, or liquidated account, to the amount of thirty dollars; ®^^^"
Provided always, nevertheless, that all judgments to be given by magis-
trates as aforesaid, for the sum of thirty dollars, shall not be enforced under
three months, if the defendant shall give bond and approved security, that
he will produce sufficient property to answer said debt at the expiration of
the said three months ; and that all other judgments to be given by such
magistrate for any other sum above the sum of twenty dollars, shall not
be enforced for two months, if the defendant shall give bond and security
to produce sufficient property to answer said debt at the expiration of the
said two months ; and j^rovided ahvays, that nothing in this Act contained
shall extend to preclude any person or persons who may conceive him, her
or themselves to be aggrieved by the decision of any magistrate, from the
right of an appeal, as by law is in other cases provided.
XIV. And be it further enacted by the authority aforesaid. That the
keeper of the goal in Charleston district, be, and he is hereby, authorized ^^^'^^"^"j^^g^j^"^'^®
and required to receive into his custody all such prisoners as shall be com- the district
mitted to such goal, under the authority of the said court hereby establish- ?,oa\.
ed, and there to keep in safe custody all such prisoners, until discharged
by due course of law.
In the Senate House, the nineteenth day of December, in the year of our Lord one
thousand eight hundred and one, and in the twenty-sixth year of the [ndepen-
dence of the United States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speaker of the House of Representatives.
304 • STATUTES AT LARGE
A. I). 1808. Acf.s relating to Courts.
No 1911. AN ACT for the i?etter arrangement of the sittings of the
Courts of Equity ; for the establishment of Courts of Appeal
FOR the same ; AND FOR OTHER PURPOSES THEREIN MENTIONED'.
I. Be it enacted, by the Honorable the Senate and House of Represen-
taiives, now met and sitting in General Assembly, and by the authority of
The State di^:- the same, That the State shall be divided into three circuits for the court of
df'd into equity Equity, to vvit : the southern, the northern, and the western ; that the
circuits. present common pleas districts of Charleston, Colleton and Beaufort, uni-
ted, shall form the southern circuit of the court of equity ; that the pre-
sent common pleas districts of Georgetown, Horry, Marion, Williamsburgh,
Darlington, Marlborough, Chesterfield, Lancaster, Kershaw, Sumter, Fair-
field, Richland and Lexington, united, shall form the northern circuit of the
court of equity ; and the present common pleas districts of Orangeburgh,
Barnwell, Edgefield, Abbeville, Pendleton, Greenville, Spartanburgh,
Union, York, Chester, Laurens and Newberry, united, shall foim the wes-
tern circuit of the court of equity.
n. And be further enacted by the authority aforesaid. That the districts
The State diyi- of Charleston, Colleton and Beaufort, united, shall form one equity district,
distric'ts.'^'^^^"^ *^ ^6 called Charleston district, the courts for which shall sit at Charleston
court house on the third Monday of February and the first Monday of No-
vember in every year; that the districts of Georgetown, Horry, Marion
and Williamsburgh, united, shall form one other equity district, to be called
Georgetown district ; and the districts of Orangeburgh and Barnwell, uni-
ted, shall form one other equity district, to be called Orangeburgh district ;
the courts of Georgetown and Orangeburgh districts shall be held at George-
town and Orangeburgh court-houses, on the first Mondays of February and
June, in every year; that the districts of Darlington, Marlborough and
Chesterfield, united, shall form one other equity district, to be called Che-
raw district ; and the districts of Edgefield, Abbeville and Pendleton j uni-
ted, shall form one other equity district, to be called Ninety-Six district;
the courts of Cheraw and Ninety-Six shall be held at Cheraw and Abbe-
ville court-houses, on the second Monday of February and June, in every
year ; that the districts of Lancaster, Kershaw and Sumter, united, shall
form one other equity district, to be called Camden district ; and the dis-
tricts of Greenville, Laurens and Newberry, united, shall form one other
equity district, to be called Washington district ; the courts for the districts
of Camden and Washington shall be held at Kershaw and Laurens court-
houses on the third Mondays of February and June, in every year; that
the districts of Fairfield, Richland and Lexington, united, shall form one
other equity district, to be called Columbia district; and the districts of
Spartanburgh, Union, York and Chester, shall form one other equity dis-
- trict, to be called Pinckney district ; the courts for Columbia and Pinckney
districts shall be held at Richland and Union court-houses on the fourth
Mondays of February and June, in every year.
HI. And be it further enacted by the authority aforesaid. That one of
Judges to at- the judges of the court of equity is hereby authorized and required to at-
tend and hold tend at the several times and places above mentioned, and to hold the courts
court. ^^ equity for the several districts hereby established ; and that the orders
and decrees of the said judges, in all cases wherein appeals shall not be
made to the courts of appeals hereinafter established, shall have the same
effect with decrees sanctioned by the courts of appeal.
OF SOUTH CAROLINA. 305
Acts relating to Courts. ' A.I). 1808.
IV. Ayid be further enacted by the authority aforesaid, That a court of
appeal for the court of equity shall be, and the same is hereby, established ; n "Ji"^ estabiish-
which said court shall exercise appellate jurisdiction in all cases brought up ed.
from the circuit, and shall be holden at Charleston court-house for the
southern circuit, on the first Monday in January, and on the second Monday
in March, in every year, and at Richland court-house, for the northern and
western circuits, on the first Tuesday next after the ending of the common
pleas circuits, in every spring and fall of the year : and it shall be the duty
of, all o^the judges of the court of equity to attend at the said courts of ap-
peal, and to hear and try all appeals that may be brought up from the circuits
hereby annexed to the said courts, respectively.
V. And he it further enacted, by the authority aforesaid, that any person
who wishes to appeal from any order or decree of any judge presiding on Appeals, how
the circuit, shall, before the rising of the court at which such order or de- ^" ^ ™'* ^'
cree is made, state, in writing, the grounds upon which he intends to ap-
peal, and deliver the same to the said judge, and serve the opposite party,
or his solicitor, with a notice thereto annexed, that he intends to appeal
from the said order or decree, at the next court of appeals for the said cir-
cuit; and that the said appellant shall thereafter be at liberty to move to
have copies of all the necessary papers sent up to the court of appeals, and
to place his cause upon the docket of the same, at any time before the sit-
ting of the court, withcmt being subject to any other rules or forms hereto-
fore adopted.
VI. And be it further enacted hy t}\e authority aforesaid, That it shall
hereafter be in the power of any one iudge in equity, in chambers, to make "^"'Jses may
, c c i ii ^ ■' ° . . ^ •'.' ' . make orders oi
orders ot reierence to the master or commissioner, in any cause depending reference in
in the court of equity, which is ready for a reference, before the final hear- chambers.
ing of the same ; provided^ the party applying for such reference shall
have given ten days notice to the opposite party, of the time and place and
judge before whom he means to make a motion for such reference.
VII. Andhe it further enacted hy the authority aforesaid. That it shall be j^^, ^g ^
the duty of the judges in equity to make all further rules and regulations make rules
which may be necessary to carry this Act, and all former Acts respecting ^"'^ °'''''^''^-
the said court, more fully into efiect.
VIII. And be it further enacted by the authority aforesaid. That all pa-
pers appertaining or relating to causes in the court of equity, which have Papers to be
heretofore arisen in those districts by this Act comprehended in Columbia J '^'"P''^' to Co-
district, shall be transferred to the office of the commissioner of the said
district ; and that a commissioner in equity shall be appointed as heretofore Commissioner
by the Govorner, for the said district, who shall exercise all the powers as I" ''ejM'Poi'ited
a master and register in equity, both for the circuit court and the court of "'
appeals to be holden at Richland court-house, as by this Act is diected.
IX. And be it further enacted by the authority aforesaid, That the sheriff
of Richland for the time being, is hereby authorized and required to exer- J^henffofRich-
. ' . . . . lunci to attciitl
cise all the duties of a sheriff in the court of equity, both for the district of the court at
Columbia and the court of appeals hereby established at Richland court- Columbia.
house.
X. And be it further enacted hy the authority aforesaid. That in addition
to the present number of judges of that court, there shall be elected two ■ ,j° g j^^^'^"^
judges, who shall be commissioned in the same manner and perform the elected,
same services as the present judges of the said court.
XI. And be it further enacted hy the authority aforesaid. That all the Their salaries
judges of the court of equity, who shall be hereafter appointed, shall fixed.
VOL. VII.— 39.
306 STATUTES AT LARGE
A. D. 1808. Acts relating to Courts.
receive the same salaries as the judges of the courts of common pleas and
sessions are at present entitled to receive by law.
XII. And he it further enacted hy the authority aforesaid, That all writs-
•r^ - J ^ oi subpcena ad respondendum, issuing out of the said court of equity, shall
be formed and require the defendant or defendants to appear in the said court on a day
served. certain, and shall also require the defendant or defendants to file his, her or
their plea, answer or demurrer, within thirty days next after the day so ap-
pointed and expressed in the said writ, for his, her or their appearance, as
aforesaid ; and that the said writ shall be served at least ten days before the
appearance day therein expressed.
XIII. And be it further enacted by the authority aforesaid. That the
Time to plead ™aster or commissioner of the said court, or one of the judges in cham-
may be extend- hers, shall have power, on good cause shewn, on oath, to extend the said
^^- time to plead, answer or demur, for such period as shall be deemed neces-
sary ; provided, the same does not extend beyond the time appointed for
docketing the causes for the next court in the district where the cause may
be depending in which such order ^br extension is made.
XIV. And he it further enacted hy ihe authority aforesaid , That in case
Defendant or the said defendant or defendants shall not tile his, her or their plea, answer
defendants to or demurrer, within the time limited, as aforesaid, for the same to be filed,
answer. ^^^^^ ^l^^ register or commissioner of the court where the cause may be de-
pending, shall, at the expiration of the said time, grant an order that the
bill shall be taken /^ro coifcsso ; and unless the said order shall be set aside
as hereinafter directed, the court shall make such decree therein as to the
said court shall appear just and equitable, and issue the process necessary
to enforce the execution or compel the performance of the said decree.
XV. And he it further enacted by the authority aforesaid, That when-
Order of court ever an order shall be granted as aforesaid, that the bill shall be taken ^ro
may be set confesso, the court shall have power, on application of the defendant or de-
cation*"' '' fendants, to set aside the same on such terms as the said court may prescribe.
XVI. And he it further enacted by the authority aforesaid. That when-
Auachment ever there shall be granted, as aforesaid, an order that the bill shall be ta-
may be issued, j^^^ ^^^ c(rnfesso, on application of the complainant or his solicitor, stating
that the answer of the defendant or defendants is necessary to enable the
court to pronounce their final decree, the commissioner or register shall
issue an attachment against the said defendant or defendants, to compel
such answer in the usual form ; and that no previous rule, requiring the
said defendant or defendants to shew cause why such attachment should not
issue, shall be necessary.
XVII. And he it further enacted by the authority aforesaid. That the
Powers of the master of the court of equity shall, in all cases arising or pending within
master and j^j^g equity district of Charleston, aforesaid, have the same power and au-
in equity. thority as a judge at chambers, to grant orders for writs of ne exeat and at-
tachment, in all cases of practice; and that the commissioners in equity,
in the several other districts, shall ,^ in all cases arising or pending within
their respective districts, have power to issue writs of ne exeat and attach-
ments, in all like cases, without any previous order, upon such evidence
and under such circumstances as would authorize a judge at chambers to
make orders therefor.
XVIII. And he it further enacted by the authority aforesaid. That all
rep'i?gn'am'^to Acts or parts of Acts, usages and customs,, repugnant to this Act, be, and
this, repealed, the same are hereby, repealed.
XIX. And be it further enacted by the authority aforesaid, That from
OF SOUTH CAROLINA. 307
Acts relating to Courts. A, D. 1808.
s.nd after the passingc of this Act, the circuit court of common pleas for*^'*"^"" ^■^'^''^
r ~ . .01 COITlttlOU
Charleston district, shall be held on the third Monday of January in every pieas in Char-
year, instead of the second Monday of that month, as heretofore by lawlestoa, when to
■established.
XX. And he it further enactedhy the authority aforesaid, That all writs
and other process, and all rules and other proceedings, returnable or con- Writs and oth-
tinued to the said circuit court on the second Monday of January next ®'' P""*"^^^^'
ensuing, as heretofore prescribed by law, shall be, and the same are here- able,
by, declared good and valid, and they shall be in law considered as return-
able and continued to the third Monday of January next ensuing ; and
also that the several venires under which persons have been or may be
summoned to serve as jurors of the said court, on the second, third, fourth
and lifth Mondays of January next ensuing, and on the first Monday of
February next ensuing, shall be considered in law as returnable on the
third, fourth and fifth Mondays of the said months of January, and first
and second Monday of the said month of February ; and that the said
persons shall be bound to attend and serve accordingly.
XXI. And be it further enacted by the authority aforesaid. That from
and immediately after the passing of this Act, there .shall be no other or Fees estab-
higher fees taken in any suit in the court of equity, than the following, I'shed.
viz :
Master and Commissioner in Equity's Fees.
For every summons, thirty-seven and a half cents ; taking every affida-
vit in writing, twenty-five cents; for every oath administered, six and a
quarter cents ; taking every recognizance, forty cents ; taking the oaths
for every defendant to answer, out of office, and attendance, one dollar;
for every attendance in office on a reference by order of court, on the sum-
mons of either party, or their solicitors, seventy-five cents ; hearing and
determining any contested matter, or order thereon, other than by order of
reference, one dollar; making up and returning every report into court, but
only one report to be charged in each suit, three dollars; commissions on
sales under decrees of the court, two and a half per cent, for the first hun-
dred, and one per cent, on all sums above ; for drawing each set of convey-
ances, five dollars.
Register and, Commissioner in Equity — Fees.
For affixing the seal of the court to subpoena or other writ, and signing
the same, twenty-five cents; for affidavit of service of subpoena or
other writ, twenty. five cents ; for examining witnesses and taking down
their depositions, nine cents per copy sheet ; exemplifications of proceed-
ings in any cause, if required, nine cents per copy sheet ; for all other office
copies, if required, nine cents per copy sheet; a copy sheet to consist of
ninety words ; for every search, twelve and a half cents ; but not more
than one dollar for all searches which may be necessary in any cause ; for
entering every cause for hearing, twelve and a half cents ; examining de-
cree, affixing seal thereto, and attending the judges in court to sign certifi-
cates of examination, one dollar; notifications to insert in gazette by or-
der of court, and attendance on printer, thirty-one and one quarter cents ;
for affixing every seal, and signing every commission to take answers and
examine witnesses, or for other purposes, fifty cents.
Solicitors's Fees in Equity.
Complainant'' s Solicitor: Preparing and filing a bill in equity, with all
necessary exhibits, twenty dollars ; drawing interrogatories in chief for
308 STATUTES AT LARGE
A. 1). 1808. Acts relating to Courts.
complainant's witnesses, and cross interrogatories, drawing and engrossing
commissions, and attending to strike commissioners where necessary, with
proper instructions, ten dollars ; arguing exceptions on points of law, before
the master, or judge at chambers, where necessary, and attending thereon,
including all charges incidental thereto, five dollars ; for making and ser-
ving the briefs on the circuit judge, five dollars ; and on the judges of ap-
peal, ten dollars : drawing and engrossing decree, per copy sheet of ninety
words, nine cents.
Defendants Solicitor: For preparing and filing defendant's answer, and
all necessary exhibits, twenty dollars; drawing interrogotories in chief for
defendant's witnesses, drawing and engrossing cross interrogatories and
commissions, attending to strike commissioners attending, where necessary,
with instructions, ten dollars; arguing exceptions on points of law, before the
master, or judges at chmabers, when necessary, including notices, atten-
dance, and all incidental charges relative thereto, five dollars ; for making
and serving briefs on the circuit judge, five dollars ; and on the judges of
appeal, ten dollars ; drawing and engrossing decree, per copy sheet of ninety
words, nine cents; for drawing and presenting any petition, and all exhibts
which may relate thereto, and briefs, if necessary, ten dollars.
, XXII. Be it enacted by the authority aforesaid. That the foregoing list
Penalty for un-*^f ^^^^ shall be, and the same is hereby, established by law; and that if
lawful'fees. any of the officers therein mentioned , shall take or receive any other or
greater reward for the services therein mentioned, or shall invent or con-
trive any other or further fee or reward for any of the said services, with
intent to evade this law, then, and in every such case, the person or per-
sons so offending, upon due proof and conviction, shall forfeit and pay the
sum of two hundred dollars for each and every such offence, one half to the
informer, and the other half to the State.
XXIII. And be it enacted, That no charge shall be allowed for copies
not actually granted.
In the Senate House, the fifteenth day of December, in the year of our Lord one thou-
sand eight hundred and eight, and in the thirty-third year of the Sovereignty and
Independence of the United States of America.
SAMUEL WARREN, President of tJic Senate.
THEODORE GAILLARD, Speaker of the House of Representatives.
No. 1937. AN ACT to provide for the more easy and expeditious adminis-
TRATION OF JuSTICE IN THE CoURTS OF THIS StATE.
I. jBe it enacted, by the Honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of
the same. That in all actions now pending, or hereafter to be brought on
any liquidated demand, wherein the defendant or defendants shall have
suffered an order for judgment to be entered against him or them, it shall
not be necessary for the plaintiff or plaintiffs to prove his or their demand,
or execute a writ of enquiry ; but the same shall, upon motion to the
court, be referred to the clerk to assertain the sum actually due, and judg-
ment shall be entered up accordingly for the sum so ascertained ; and the
OF SOUTH CAROLINA. 309
Acts relating to Courts. A. I), 1809.
clerk shall be intitled to receive twenty-five cents for the same ; provided
always, that nothing herein contained shall deprive the defendant or
defendants of the right of setting aside the order for judgment, and
making such defence as is now allowable by the rules and practice of the
court.
II. And be it further enacted by the authority aforesaid, That in all
cases of summons and petition on liquidated demands now pending, or
hereafter to be brought, in which the defendant or defendants shall make
no defence, it shall not be necessary for the plaintiff' or plaintiffs to prove
his or their demand, but on motion to the court, decree shall be entered as
if the same had been proved.
III. Be it further enacted by the authority aforesaid, That in all
actions hereafter to be brought, wherein the defendant or defendants shall
be held to bail by the sheriff serving the writ or process, the bail so given
to the sheriff shall be entitled to all the rights, privileges and powers of
special bail, and may surrender his principal in discharge of himself, or
the principal surrender himself in discharge of his bail, in the same man-
ner and to the same extent as special bail are now intitled to ; any law,
usage or custom to the contrary in any wise notwithstanding.
III. Be it further enacted by the authority aforesaid, That it shall
not be necessary hereafter for any bail to obtain a judge's order for leave
to surrender his principal.
IV. And tohereas, the times of holding the courts hereinafter mentioned,
has been found to be inconvenient to many of the inhabitants of this State ;
for remedy whereof. Be it enacted by the authority aforesaid, That from
and after the conclusion of the next southern circuit, the courts of general
sessions and common pleas shall be holden at the times following, instead
of the times now established by law, that is to say : at Granby, for Lex-
ington disti'ict, on the second Monday in March and October, in every
year; at Columbia, for Richland district, on the third Monday in March
and October, in every year ; at Newberry court-house, for Newberry dis-
trict, on the fourth Monday of March and October, in every year ; at
Edgefield court-house, for Edgefield district, on the first Monday after the
fourth Monday in March and October, in every year ; at Barnwell court-
house, for Barnwell district, on the second Monday after the fourth Mon-
day in March and October, in every year ; and at Orangeburgh , for Orange-
burgh district, on the third Monday after the fourth Monday in March and
October, in every year.
In the Senate House, the nineteenth day of December, in the year of our Lord one thousand
eight hundred and nine, and the thirty-fourth year of the Independence of the
United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
STATUTES AT LARGE
Acts relating to Courts.
No. 1976 AN ACT establishing a Court of Euuity in and for the Dis-
trict OF Beaufort ; and for other purposes.
WHEREAS, sundry inhabitants of Beaufort district, have, by their
petition to the Legislature, represented the great inconveniences they suffer
from their remote situation from the Court of Equity :
L V)C 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
district of Beaufort shall constitute an equity district in the southern equity
circuit.
H. And he it further enacted by the authority afoiesaid. That one of
the judges of the court of equity is hereby authorized and required to
attend and to hold a court of equity at Coosawhatchie court-house, on the
last Monday of January and May, in each year, for the trial of all causes
of equitable cognizance arising within the district, subject to the same
rules and regulations that the courts of equity in other districts in this
State are by law subject to; provided nevertheless, that the said court shall
not continue its sittings longer than six days at any one time.
HL And be it further enacted by the authority aforesaid, That a com-
missioner in equity, having all the powers and being liable to perform all
the duties of a master and register in equity, be immediately appointed by
the Governor, who shall give bond, with two sureties, to be approved of by
the Governor, in the sum of four thousand dollars, for the faithful perfor-
mance of the duties of his office.
IV. And he it further enacted by the authority aforesaid, That the
sheriff of Beaufort district for the time being, is hereby authorized and
required to attend upon the said court, and to exercise all the duties of a
sheriff in the court of equity.
V. And he it further enacted by the authority aforesaid, That all suits
which have arisen in Beaufort district, and been commenced in the court
of equity in Charleston, and all papers appertaining or relating thereto,
shall be transferred to the office of the commissioner in equity for Beaufort
district.
VL And he it further enacted, That the first court to be holden under
this Act, shall be holden on the last Monday in May next.
Vn. And he it further enacted by the authority aforesaid. That all sales
of property levied upon in St. Helena parish, by the sheriff' of Beaufort
district, shall hereafter take place at the vendue house in the town of
Beaufort, on the second Monday and the Tuesday following, in every
month, and at no other time or place.
VHL And whereas, doubts have been expressed whether the court of
equity can continue any cause in the said court for a longer time than
three years, even with the consent of the parties ; Be it therefore enacted.
That the said court of equity may, and they are hereby, authorized to con-
tinue any cause depending in the said court for a longer time than three
years, by consent of the said parties; and, without such consent, on good
and sufficient cause shewn, in any case where there shall have been pro-
nounced any decretal order within the term of three years from the time of
filing the bill.
IX. And he it enacted hy \\iG Ti\\i\ior'ity aforesaid, That John C. Allen,
John A. O'Bannon, Lark Robertson, Joseph Duncan and Orsmus D. Allen,
be, and they are hereby, appointed commissioners to apply the monies
OF SOUTH CAROLINA 311
Acts relating to Courts. A. D. 1811.
already appropriated for building a goal in Barnwell district, to the repair-
ing of the old goal of said district, or to build a new one of wood, if they
should think it more to the advantage of the public.
X. And he it further enacted hy the authority aforesaid. That the courts
of equity and appeals shall be holden in Charleston at the times following,
instead of the times now established by law, that is to say : the courts of
Equity to sit on the third Monday in February, and the court of Appeals
on the second Monday in March ; any law to the contrary hereof -notwith-
standing.
XL And be it further e?iacted hj the authority aforesaid, That ail Acts
or parts of Acts repugnant to this Act, be, and the same are hereby,
repealed.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and ten, and in the thirty-fifth year of the Sovereignty and
Independence of the United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Rejirescntatives.
AN ACT TO REGULATE THE CoURTS HELD BY THE ASSOCIATE JuDGES No. 1990.
OF THIS State at the conclusion of their respective Circuits;
AND of the Courts of Appeals held by the Judges of the
Courts of Equity within this State ; and for other purposes
therein mentioned.
WHEREAS, in and by the third section of the tenth Article of the con-
stitution of this State, it is declared "that at the conclusion of the circuits,
the judges shall meet and sit at Columbia, for the purpose of hearing and
determining all motions which may be made for new trials, and in arrest
of judgment, and such points of law as may be submitted to them. From
Columbia they shall proceed to Charleston, and there hear and determine
all such motions for new trials and in arrest of judgment, and such points
of law as may be submitted to them." And whereas, in and by the Act of
the General Assembly of this State, passed at Columbia on the twenty,
firsbday of December, in the year of our Lord one thousand seven hundred
and ninety-nine, entitled " An Act supplementary to an Act entited An
Act to establish an uniform and more convenient system of judicature," it
is among other things therein contained and enacted, " that all the asso-
ciate judges of this State, shall meet at Columbia on the Tuesday next
after the conclusion of the circuits in every year, for the purpose of deter-
mining all motions which may be made for noAV trials, in arrest of judg-
ments, and such points of law as may be submitted to them ; but no such
courts shall be held in any of the cases aforesaid, by less than four of the
said judges ; nor shall any judge who shall have presided at the trial in any
cause in any of the district courts of this State, ever sit and vote at such
meeting of the said judges on the same cause, or any matter or thing
whatsoever, which shall arise out of or shall concern the said cause ;
and the judges aforesaid, in all matters of law by them decided on demurrer j
Preamble.
312 STATUTES AT LARGE
A . l>. 1811. Jlcts relating to Courts.
special verdict, or motion in arrest of judgment, each shall give his opin-
ion separately, with the reasons thereof in writing, and subscribe the same,
that it may be kept with the record; and every judge shall, when thereunto
required, sign and seal a bill of exceptions/' And whereas, the true intent
and meaning of the above recited section of the aforesaid Article of the
constitution of this State, demonstrates that there should be an exact and
direct conformity in the meeting and sitting of the judges aforesaid, for the
purpose aforesaid, both at Columbia aforesaid, and at Cliarleston aforesaid,
that one and the same measure of justice may pervade the State.
I. Be it therefore enacted and declared, 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 above recited clause of
the Act of the General Assembly aforesaid, ought to be extended, and the
same is hereby extended in every particular, to the meeting and sitting of
the associate judges aforesaid, for the purposes aforesaid, at Charleston
aforesaid, on their said adjournment to Charleston from Columbia aforesaid,
in the same manner, to all intents and purposes, as is above directed with
respect to their meeting and sitting at Columbia aforesaid, at the conclusion
of the circuits.
II. And he it further enacted by the authority aforesaid. That for the
Opinions to be P^i'P*^^^ ^^ rendering the same as beneficial as possible to the citizens of
recorded. this State, proper and tit books shall be provided and kept by the clerks of
the said courts respectively, both at Columbia aforesaid, and at Charleston
aforesaid, whose respective duty it shall be to record therein the opinions
of the judges aforesaid, so as aforesaid directed to be given by them in
writing, and which written opinions of the said judges shall be duly tiled
and kept together by the said clerks respectively, in their said offices,
instead of being kept and filed with the records as above directed, that they
may hereafter be forthcoming and subject to the further disposal of the
General Assembly of this State ; and for recording thereof in the books to
be kept for that purpose as aforesaid, each of the clerks of the said courts
shall be allowed and paid by the State the same recording fees as the
clerks of the district courts are entitled to for the recording of judicial
proceedings in their respective offices. That the citizens of this State
shall have access to the said books as freely as to other books of record in
any of the public offices of this State ; that fit and proper indexes to the
said books be correctly kept by the said clerks in their respective offices;
that the said books be furnished to the said clerks at the expense of the
State, and be continued in the said offices respectively by them, as the
property of the State ; and that it shall be the duty of tlie said clerks
respectively, whenever thereunto required, to furnish exact copies therefrom
or of any part thereof, to such person or persons as may have occasion to
demand the same, and which clerks respectively shall be entitled to de-
mand and receive of and from such person or persons for such transcript
thereof, the same fees as the clerks of the district courts of this State are
entitled to for the exemplifications of their judicial records.
III. And he it further enacted by the authority aforesaid, That the
judges aforesaid, at their meeting and sitting for the purposes aforesaid,
both at Columbia aforesaid and at Charleston aforesaid, shall respectively
give their reasons in writing, either for granting or refusing new trials, on
such motions for that purpose as may be submitted to them, which shall
also be recorded in manner aforesaid, and be subject in every respect to the
regulation aforesaid.
OF SOUTH CAROLINA. 313
Acts relating to Courts. A. D. 1811.
IV. And whereas, in and by an Act of the General Asssembly of this
State, passed on the fifteenth day of December, one thousand eight hun- P^^',™ '"^Jj
dred and eight, entitled " An Act for the arrangement of the sitting of the recorded^
Courts of Equity ; for the establishment of a Court of Appeals for the
same, &;c." such courts of appeals have been established, to be holden at
Charleston court house, and at Richland courthouse; audit is thereby
declared to be the duty of all the judges of the court of equity, to attend
at the said courts or appeal, and to hear and to try all appeals that may be
brought up to the said courts respectively ; but that the suitors of the said
courts of equity and others, may know the grounds and reasons whereon
the decisions of the said courts of appeals shall be made. Be it further en-
acted by the authority aforesaid, That the grounds and reasons on which
the decisions on those appeals respectively, shall be made by the said judges,
shall be given and subscribed by them in writing, and shall be recorded at
Charleston by the register of the court of equity there, who shall also be
register of the court of appeals so as aforesaid, directed to be held at
Charleston court house ; and at Columbia, by the commissioner of the court
of Equity for Columbia district, who shall also be register of the court of
appeals so as aforesaid directed to be held at Richland court house ; and
who shall, respectively, keep proper books for that purpose, which shall be
indexed in such a manner that the decisions therein recorded shall be
properly and readily come at ; which books shall be furnished at the pubhc
expense, and belong to the public as the property thereof; and the registers
of the said courts of appeals, shall be entitled to fees for their services
therein, which shall be regulated, as near as may be, by the fees allowed
for similar services to the register and commissioner" of the courts of
equity.
V. And ivhereas, by the act of the General Assembly last aforesaid , the
court of equity for Charleston district was directed to" be held at Charles- Appeal Courts,
ton court house on the third Monday in February and the first Monday in ^'^^" ^° ^"•
November in every year, and the court of appeals was directed to be held
there on the first Monday in January and on the second Monday in March
in every year ; but by an Act entitled "An Act establishing a Court of
Equity for the district of Beaufort, &c.'" passed on the nineteenth day of
December, one thousand eight hundred and ten, it is enacted that the courts
of equity and appeal shall be holden in Charleston at the times following,
instead of the times theretofore established by law, that is to say : — the
court of equity to sit on the third Monday in February, and the court of
appeals on the second Monday in March ; 'and as it is manifestly an error
as to the last mentioned regulation. Be it therefore enacted That the said
regulations, as far as respects the times of the sitting of the said courts, be
hereby repealed, and that hereafter, the court of equity for Charleston
district shall be held at Charleston court house aforesaid, on the third
Monday in February and on the second Monday in November in every
year ; and that the said court of appeals shall be held there on the first
Monday in January and on the second Monday in March in every year;
the said law or any other laws to the contrary thereof in any wise notwith-
standing.
VI. And be it further enacted by the authority aforesaid, That an Act
entitled " An Act to prescribe, on the part of this State, the times, places
and manner of holding elections for Representatives in the Congress of the
United States," passed in the year one thousand eight hundred and two,
be, and same is hereby, repealed.
VOL. VII.— 40.
314 STATUTES AT LARGE
A. D. 1812, Acts relating to Courts.
VII. And be it further enacted by the authority aforesaid, That from
and after the conclusion of the next eastern circuit, the courts of general
sessions and common pleas shall be holden at the times following, instead
of the times now established by law, that is to say: — at Williamsburgh for
Williamsburgh district, on the third Mondays in March and October in
every year ; at Horry court house for Horry disirict, on the fourth Mondays
in March and October in every year; at Georgetown, on the first Monday
after the fourth Mondays in March and October in every year ; at Jackson-
borough, for Colleton district, on the second Tuesday after the fourth
Mondays in March and October in every year; at Coosawhatchee, for
Beaufort district, on the third Monday after the fourth IMondays in March
and October in every year ; and all writs and other process of law whatso-
ever, which shall have been made returnable in the respective courts above
mentioned, according to the heretofore existing law, shall be, to all intents
and purposes whatsoever, legally returnable on the day on which the afore-
said courts are respectively authorized by this Act to sit ; any law, custom
or usage to the contrary thereof in any wise notwithstanding ; and all per-
sons who have been summoned to meet on any other day shall attend, and
they are hereby required to attend, on the days appointed by this Act.
In the Senate House, the twenty-first day of December, in the year of our Lord one
thousand eight hundred and eleven, and in the thirty-sixth year of the Indepen-
dence of the United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatives.
No. 2004. AN ACT to extend the provisions of an Act entitled "An Act
TO remedy the defects of the Court of Ordinary, in the
SEVERAL Districts where there are no County Courts, as to
MATTERS AND CASES IN WHICH THE OrDINARIES OF THOSE DISTRICTS
may be respectively interested,^' passed the seventh day of
March, one thousand seven hundree and eighty-nine, to all
THE Circuit Court Districts throughout the State.
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 immediately from and after the passing of this Act,
the provisions of an Act entitled "An Act to remedy the defects of the
court of ordinary, in the several districts where there are no county courts,
as to matters and cases in which the ordinaries of those districts may be
respectively interested," passed on the seventh day of March, one thou-
sand seven hundred and eighty-nine, shall be, and the same are hereby,
extended to each and every circuit court district throughout this State.
In the Senate House, the twenty-ninth day of August, in the year of our Lord one
thousand eiglit hundred and twelve, and in the thirty-seventh year of the Inde-
pendence of the United States of America.
SAMUEL WARREN, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
Acts relating to Courts.
AN ACT FOR APPOINTING AN ADDITIONAL COMMISSIONER OR MaSTER No 2029.
IN Equity for the Court of Equity in Charleston ; and for
OTHER PURPOSES THEREIN MENTIONED.
WHEREAS, much inconvenience has arisen to the suitors and others
in the Court of Equity of Charleston district, by reason of the great
increase of business in that court, and of there being but one master of
the same ; and whereas, the business of the said court is greatly impeded
thereby :
I. Be it enacted by the Senate and House of Representatives, now met
in General Assembly, That a commissioner in equity shall be appointed,
who, as well as the present master, shall exercise all the powers and author-
ities of, and perform all the duties incident to, the otTice of the said master,
and be entitled to receive for his services the same fees and compensation
as are allowed by law to the master of the said court ; and the said com-
missioner in equity shall give the same security for the faithful discharge
of his duty as is now required to be given by the master in equity for
Charleston.
n. And be it farther enacted by the authority aforesaid, That the judge
presiding in the said court shall be, and he is hereby, authorized to appor-
tion the business of the said court, now performed by the master, between
the said master and commissioner, in such manner as shall appear to him
most proper to expedite the same, and best promote the interest of the
said suitors and others in the said court ; provided always, that when the
parties interested shall agi ee to refer their business either to the master or
commissioner aforesaid, as they may choose, on application being made
to the judge aforesaid, he shall be, and is hereby, required to permit them
so to do, unless he should, for some substantial reason, think it expedient to
refuse such permission.
HI. And be it further tnacted by the authority aforesaid. That in case
of any clashing or interference between the master and commissioner in
equity in the exercise of the powers and in the performance of the duties
of their respective offices, the judges of the said court shall be, and they
are hereby, authorized to make such rules and regulations as shall prevent
the same in future, and shall be necessary to carry into effect this Act,
and the purposes intended thereby.
IV. And, be it further enacted by the authority aforesaid, That all
registers and commissioners in equity v/ho are or shall hereafter be appoint-
ed, shall respectively execute a b )nd, with good and sufficient securities, to
the State of South Carolina, in the sum of twenty thousand dollars, for
the faithful performance of the duties of their respective offices of regis-
ters and commissioners in equity, and that such bonds shall be taken in
the several districts throughout this State, by the commissioners appointed
to take bonds and securities from the sheriffs of the several districts of this
State ; which said bonds shall be transmitted and deposited as heretofore
directed by law.
In tlie Senate Housp, the seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and thirteen, and in the thirty-eighth year of the Indepen-
dence of the United States of America.
SAVAGE SMITH, President of the Senate.
JOHN GEDDES, Speaker oj the House of Representatives.
STATUTES AT LARGE
Acts relating to Courts.
No. 2163. AN ACT BEauiRiNG separate Country Dockets for Charleston
DISTRICT, and fixing A TIME FOR THE TRIAL OF CoUNTRY CaUSES
IN SAID DISTRICT.
WHEREAS, great and peculiar inconveniences arise to the inhabitants
of Charleston district, residing without the limits of St. PhiUp's and St.
Michael's, who are required to attend the court of common pleas in the
city of Charleston, either as parties or as witnesses, from the long terms
allowed in said district, and the consequent uncertainty at what period of
any term the causes in which they are concerned can be tried ; by reason
whereof the inhabitants of said district, residing in remote parts of the
said district, are obUged to leave their homes, and await the trial of their
causes, for many weeks together, to the great oppression of the said inhabi-
tants :
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 clerk of the court of common pleas for
Charleston district shall be, and is hereby, required to make out and keep
separate and distinct dockets, in which he shall register in proper form, all
the causes hereafter occurring in the court of common pleas in said dis-
trict, or which shall remain undecided on the dockets of said district court,
at the conclusion of the term in February next, whereof either plaintiff or
defendant may reside in any of the parishes composing the judicial dis-
trict of Charleston, except the parishes of St. Philip's and St. Michaers ;
the said separate dockets to be called the country dockets of the court of
common pleas for Charleston district.
H. A.nd be it further e7iactcd by the authority aforesaid, That in every
term of the court of general sessions and common pleas, to be held in
Charleston, for Charleston district, after the term which is required to
commence on the third Monday in January next, it shall be the duty of
the presiding associate judge to take up the aforesaid country dockets on
the second Monday after the day which now is or hereafter may be ap-
pointed by the law for the commencement of the sessions of the said court
of general sessions and common pleas, and to proceed regularly in calling
the aforesaid country dockets, according to the order in which the said
cases may be docketed, for the period of six successive days, unless all
the cases on the said dockets shall be sooner disposed of, in which case
any other business of the aforesaid district court shall be proceeded in as
heretofore ; provided, that if the business of the court of general sessions
shall not have been finished before the time appointed by this Act for
taking up the aforesaid country dockets, the presiding associate judge
shall have power to proceed with the business of the court of sessions until
all the causes depending therein shall be disposed of; and immediately
thei"eafter, the said presiding judge shall take up the aforesaid country
dockets, and proceed regularly in calling the same for si.x days succes-
sively, if so much time be necessary.
HI. Knd he it further enacted by the authority aforesaid, That all writs
of subpoena ad testificandum, which shall be issued in any cause required
to be docketed upon the country dockets of the court of common pleas for
Charleston district, shall have relation to the first day of the third week of
the term, unless a later day of the term is expressed in the said writs ; and
that all summary processes and declarations relating to such causes, shall
OF SOUTH CAROLINA
Act." relating to Courts.
'he endorsed by the attornies issuing or filing the same, for the country
docket.
[n the Senate House, the seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and seventeen, and in the forty-second year of the Independence
of the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOMAS BENNETT, Speaker of the House of Representatives
AN ACT TO AUTHORIZE THE JuDGES OF THE CoURTS OF LaW OR No. 2165.
Equity, to order a:vd appoint, from time to time, a special
Court in the several districts of this State ; and for other
purposes therein mentioned.
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 Special court
the same. That from and after the passing of this Act, it shall and "lay °|.j'^^^^j"^^>' ^®
be lawful for the associate judges of the court of sessions and common
pleas, and they are hereby required, whenever they may deem it necessary,
to order a special court of sessions and common pleas, to be holden in any
district, for the purpose of hearing and determining all such causes, rules
and motions, either civil or criminal, as may be ready for trial in the said
court ; and the clerk of the constitutional court shall forthwith send to
the clerk of the court of common pleas and sessions of the said district, a
certified copy of the said order, and shall cause the same to be published
in such newspaper or newspapers of the State, as the said judges may
direct. And it shall be the duty of one of the said judges to hold the said
court.
n. And be it further enacted, by the authority aforesaid. That when-
ever any clerk of the court of common plea^ and sessions shall receive Jury to be
such notified order, it shall be his duty forthwith to issue and deliver to®"*"'"""^ '
the sheriff of the same district, a writ of venire for the common plea and
grand jurors, drawn at the next preceding court of the district, returnable
to the said special court ; and it shall be the duty of the sheriff of the
said district to execute the said writ ; arid the jurors thereby summoned,
shall be liable to the same penalties for non-attendance at the said special
court, as for like default in the court of common pleas and sessions.
HI. And be it further enacted bv the authority aforesaid, That the
judge who shall or may hold a special court, shall cause a jury to be drawn -^"^ t° be
in the manner prescribed by law, for the next ensuing court of common
pleas and sessions for the same district, and to award a writ of venire for
the purpose of summoning the same.
IV. And be it further enacted by the authority aforesaid, That the
judges of the appeal court in equity, be authorized, and it is hereby declar- Special court
ed to be their duty, whenever they may deem it necessary, to order a ^^ ^^^^j.^,™*^
special court of equity to be holden in any equity district, for the purpose
of hearing and determining all such causes, rules and motions, as may be
ready for trial in said court ; and the said judges shall cause due notice to
be given of the times of the meeting of such extra courts, by having the
.318 STATUTES AT LARGE
A.!). 1817. _^cts relating to Courts.
same published in such newspaper or newspapers of the State as they may
think proper.
V. And be it further enacted by the authority aforesaid, That all causes
Causes to be ^hich may be depending, continued, or have day, in any court of common
continued and picas and sessions or equity, of any district wiierein a special court shall
have day. ^j. ^-^^y jjg ordered, shall be continued to and have day in tae said special
court ; and the parties thereto shall be required to attend and prosecute or
defend the same, in the same manner as they would be required to attend
and prosecute or defend the same, at the court to which the said causes
were originally returnable ; and all witnesses who may be duly summoned
or bound in recognizance to attend at any of the above mentioned courts,
shall be liable, on their failure so to do, to the same penalties as for non-
attendance at any of the regular sessions of said courts.
VI. And be it further enacted by the authority aforesaid, That so
Part of a for- much of an Act entitled "An Act for the creation of an additional circuit,
pealed.'^* '^ ^^ ^* *° prolong the terms in the districts of Charleston, Colleton and
Beaufort; and for other purposes therein mentioned," passed on the 13th
December, 1815, as provides for the holding of a court of sessions and
common pleas at Charleston, on the second Monday after the fourth Mon-
day in March and October, in each year, be, and the same is hereby,
repealed.
VII. Knd be furl her enacted by the authority aforesaid. That the inferior
Inferior city city court established in the city of Charleston, shall be holden on the
Jeston when to ^'"^^ Monday in every month, instead of the time now directed by law, and
sit. that a.\\ yvnis o^ veuire, processes and recognizances, shall be returnable ac-
cordingly ; and that all jurors and witnesses duly summoned to attend said
court, shall be liable to attend at the time aforesaid, and on their failure so
to do, they shall be subject to the same penalties as are now prescribed by
law.
VIII. Wheiras, it has been found inexpedient to elect another judge in
Part of a for- the place of the honorable Elihu Hall Bay, who has been excused from
peded?' ^^' I'i'^iig th^ circuit and attending the constitutional court at Charleston and
Columbia : 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 first clause of an Act entitled "An Act for
the prevention of frivolous appeals,'' be, and the same is hereby, repealed ;
and in all cases of appeal from the decisions of the circuit courts of law in
this State, to the constitutional court of appeals at Charleston or Colum-
bia, the opinion of the judge who tried the cause shall not be allowed, and
have no effect in the final determination of the case.
IX. And, be it further enacted by the authority aforesaid, That the con-
Constitntional stitutional courts of appeals at Charleston and Columbia, shall not consist
court to consist Qf jggg (h^n four judges, and no case shall be decided without the concur-
oi not loss tn3.n j o ^
four judges, rence of three, at least, of the judges of the courts of common pleas and
general sessions ; and in case of an equal division of the judges upon any
question of appeal, the motion of the appellant shall not be lost, but the
case shall be postponed until the attendance of any judge qualified accord-
ing to the terms of this Act to give an opinion, who may be absent at the
trial or argument of the appeal.
X. And whereas, the honorable Elihu Hall Bay has applied to the Legis-
Judge Bay au- j^ture for permission to leave the State ; Be it enacted by the authority afore-
OF SOUTH CAROLINA. 319
Acts relating to Courts. ^- ^^- '^^^•
said, That the said EUhu Hall Bay, be, and he is hereby, authorized to djorj^e,! to
leave the State for the term of nine months. leave the State,
In the Senate House, the eighteenth day of December, in the year of our Loril one
thousand eight hundred and seventeen, and in the forty-second year of the [ndepen-
dence of the United States of America.
JAMES R. PRINGLE, President oj the Senate.
THOMAS BENNETT, Speaker of the House of Representatives.
AN ACT TO ENLARGE THE JURISDICTION OF THE INFERIOR CiTY CoURT No. 2175.
OF Charleston.
WHEREAS, from the peculiar situation and circumstances of Charles-
ton, as a Metropolis and the great Seaport of South Carolina, the admin-
istration of justice should be prompt, and the present delays are attended
with burthensome expenses on the State, in dieting prisoners contined on
charges [of] misdemeanor.
I. Be it enacted by the Senate and House of Representatives, now met
and sitting in General Assembly, and by the authority of the same, That
from and after the passing of this Act, the inferior city court of Charleston
shall have jurisdiction concurrent with the court of general sessions, in
all cases of misdemeanor, assault and battery, arising within the city of
Charleston; also in all cases of trover, detinue, replevin and trespass
arising within said city, to the amount hereinafter specified. And the said
inferior city court shall have jurisdiction in civil cases to the amount fol-
lowing:— no verdict shall be given for a greater sum than five hundred
dollars, exclusive of costs, but any amount not exceeding five hundred
dollars, exclusive of costs, shall be, and the same is hereby declared to be,
within the jurisdiction of the said court, whether the same be damages, or
the balance of nuitual demands, or single cause of action ; Provided,
nothing contained in this Act shall be so construed as to extend to any
inhabitant of this State, who may not be a resident within the city of
Charleston ; and no person shall be construed to be a resident of the said
city, unless he shall have resided in the said city three months prior to
the commencement of the suit or prosecution, or shall have resided within
the said city four months during the year immediately preceding the com-
mencement of said suit or prosecution.
II. And be it further enacted by the authority aforesaid, That the charges
and fees of the several otfices of said inferior city court, shall be the same
as in the court of sessions and common pleas, in like cases.
III. And he it further enacted by the authority aforesaid. That the
recorder of the city of Charleston, as judge of the said inferior city court,
shall have the same powers in the discharge of his duties, as the judges of
the court of sessions and common pleas in like cases, and the proceedings
in criminal cases, and in civil cases over and above one hundred dollars,
shall be the same substantially as in the courts of sessions and common
pleas in like cases.
IV. And be it further enacted by the authority aforesaid, That all pris-
oners who shall be arrested and ordered to be committed by any sentence
320 STATUTES AT LARGE
A.n. 18 [8. Acts relating to Courts.
or judgment of said inferior city court, or who shall be ordered to be com'
mitted either by the recorder of the said city, as judge of said court, or by
any justice of the peace or quorum, upon any complaint, to take trial at
the said court, shall and may be committed to the conmion goal of Charles-
ton district, and there held until discharged by due course of law; and the
keeper of the said gaol is hereby directed and required to take custody of
said prisoners, and them safely keep accordingly. And all magistrates
within said city shall make commitments and take recognizances accord-
ingly ; and the judges and magistrates in this State may order prisoners to
said gaol to take trial in said inferior city court, in cases within its jurisdic-
tion ; and the State constables within the city of Charleston shall attend
said inferior city court, and shall receive from the State the same compen-
sation as in the courts of sessions.
V. And he it further enacted by the authority aforesaid, That the inferior
city couit of Charleston shall hereafter sit on the tirst Mondays in Janua-
ry, March, May, July, September and November of every year ; and shall
continue to sit two weeks, unless the business of the court shall be sooner
disposed of ; and hereafter no imparlance shall be allowed in any case
where the amount sued for does not exceed one hundred dollars, exclusive
of costs.
VI. And he it further enacted by the authority aforesaid, That all parties
shall have the same right of appeal to the constitutional court of appeals,
from the decisions of the inferior city court, in the same form which is now or
may be lawful for parties in the courts of sessions and common pleas in
like cases ; and the judges of the constitutional court of appeals shall hear
and determine such appeals in the same manner as appeals from the circuit
court of Charleston district ; and the judge of the said inferior city court
shall report on appeal cases in the same manner as the judges of the circuit
court ; and the said inferior city court shall, and it is hereby authorized to,
hear and decide appeals from magistrates within the city of Charleston, as
the circuit court of common pleas have heretofore done ; and appeal bonds
shall be taken accordingly.
Vn. And he it further enacted by the authority aforesaid. That all
prosecutions on behalf of the State, shall be conducted in said inferior city
court by the attorney general, or by some fit and proper person appointed
by him in his absence, which deputy shall have the same power and receive
the same emoluments as the attorney general if present ; and penalties,
fines and forfeitures to the State, shall be disposed of and applied to the
city of Charleston, and paid into the treasury of said city.
VIII. Be it further enacted by the authority aforesaid. That the sherifT
of the said inferior city court, shall provide boxes and make lists of persons
to be drawn as grand jurors in the said city, in the same manner as in the
court of sessions, and petit jurors shall be drawn to serve one week, unless
they be actually charged with an issue, in which case they shall be adjourn-
ed from time to time, or continue to sit until said issue shall be disposed of;
and the same number shall be drawn and summoned for each week as have
heretofore been drawn for one week.
In the Senate House, the eighteenth day of December, in the year of our Lord one
thousand eight hundred and eighteen, and in the forty-third year of the Inde-
pendence of the United States of America.
JAMES R. PRINGLE, President of the Senate.
PATRICK NOBLE, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
Acts relating to Courts.
AN ACT TO GIVE THE Judges of the Court of Sessions and Com- No. 2179.
MON Pleas the same authority to grant Writs and hear and
determine motions, at "chambers, as they now have in open
Court ; and [for] other purposes therein mentioned.
WHEREAS, great inconveniences and expense often arise from the
want of authority in the judges of the court of sessions and common
pleas, to grant writs ot mandamus and prohibition, and to hear and deter-
mine motions, at Chambers, in many cases; for remedy whereof,
I. Be it enacted, by the Senate and House of Representatives, now
met and sitting in General Assembly, and by the authority of the same.
That from and immediately after the passing this Act, the judges of the
court of general sessions and common pleas shall have power, at their
Chambers, to grant writs of prohibition and mandamus, and of quo war-
ranto, and to hear and determine motions to set aside or stay executions,
in the same manner, in every respect, as if the court was actually sitting ;
any law, usage or custom, to the contrary in any wise notwithstanding ;
and the parties, respectively, shall have the same right of appeal to the
constitutional court of appeals, as if the decision were made in open court.
In the Senate House, the sixteenth day of December, in the year of our Lord one thou-
sand eight hundred and eighteen, and in the forty-third year of the Indepen-
dence of the United States of America.
JAMES R. PRINGLE, President of the Senate.
ROBERT Y. HAYNE, Speaker of the House of Representatives,
AN ACT TO REPEAL SO MUCH OF THE FoURTH SeCTION OF THE AcT No. 2185
OF 1769, AS AUTHORIZES THE GOVERNOR AND CoMMANDER-IN-CHIEF,
IN CERTAIN CASES, TO APPOINT AND COMMISSION PERSONS TO HOLD
THE Courts of Sessions and Common Pleas.
I. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same. That so much of the fourth section of the Act of the Legisla-
ture of this State, passed on the twenty-ninth of July, Anno Domini 1769,
entitled "An Act to establish courts, building goals, and appointing sheritfs
and other officers, for the more convenient administration of justice in this
Province," as authorizes the Governor or Commander-in-chief, in certain
cases, to appoint and commission persons to hold said courts, be, and the
same is hereby, repealed.
In the Senate House, the sixteenth day of December, in the year of our Lord one thou"
sand eight hundred and eighteen, and in the forty-third year of the Independence
of the Lhiited States of America.
JAMES R. PRINGLE, President of the Senate.
ROBERT Y. HAYNE , Speaker of the House of Representatives.
VOL. VH— 41.
322 STATUTES AT LARGE
A. I>. 1820. ^ctg relathig to Courts.
No. 2237. ^N ACT to amend an Act entitled "An Act to enlarge the
JURISDICTION OF THE INFERIOR CiTY CoURT OF CHARLESTON.^'
I. Be it enacted by the Honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of the
same, That from and after the passing of this Act, the title of the "Infe-
rior City Court of Charleston'^ shall be the City Court of Charleston.
II. And, be it further enacted, That hereafter all parties and suitors in the
said city court of Charleston, shall have the same rights and privileges, in
all cases within the jurisdiction of the said court, that parties and suitors
have or are entitled to in cases within the jurisdiction of the superior courts
of law in this State ; and that the clerk and slieriff of the said city court
of Charleston, shall hereafter have the same powers and authorities, in all
cases within the jurisdiction of the said court, as the clerks and sheriffs of
the superior courts of law in this State, now have.
III. Andhe it further enacted ., That the Act entitled "An Act to author-
ize and require juries empannelled in Charleston district, to sit, in certain
cases, beyond the term of one week, for which they are usually empannell-
ed,'' passed in December, 1818, be, and the same is hereby, extended in
like cases to the juries of the said city court of Charleston.
IV. And he it further enacted ., That a defendant within the jurisdiction
of the said city court of Charleston, shall hereafter be allowed to plead a
discount to any action brought against him by a plaintiff not within the
jurisdiction of the said court.
V. And he it further enacted, That any person usually resident in the
city of Charleston, or who shall have resided therein four months before
being summoned, shall hereafter be liable to serve as a juror in the said
city court ; provided, he be in the city at the time of being summoned, and
is otherwise qualified by law.
VI. And, be it further enacted, That the city council be, and they are
hereby, authorized to grant permission to the Recorder of the said city
court of Charleston, to leave the State, under the same circumstances as a
similar permission is allowed by the Governor to the judges of the superior
courts of this State.
VII. And be it further enacted, That the Terms of the said city court of
Charleston be changed, and that it shall hereafter sit on the first Monday
in January, April, July and October, in every year ; and that it shall con-
tinue in session three weeks, if necessary.
VIII. And be it further enacted, That the clerk and sheriff of the said
city court of Charleston, in case of the sickness or absence from the State
of the Recorder, shall have power, and they are hereby authorized and re-
quired, to draw juries for the succeeding Term.
In the Senate House, the twentieth day of December, in the year of our Lord one
thousand eight hundred and twenty, and in the forty-fifth year of the Independence
of the United States of America,
BENJAMIN HUGER, President of the Senate.
PATRICK NOBLE, Speaker of the House of Representatives.
OF SOUTH CAROLINA
Acts relating to Courts.
AN ACT RESPECTING THE Master AND COMMISSIONERS IN Equity ; ]S[o 2250.
AND FOR OTHER PURPOSES.
I. Be it enacted, by the Senate and House of Representatives, now
met and sitting in General Assembly, and by the authority of the same, .^^^^^^.^ ^^ ^^^
That whenever hereafter the master or commissioner in Equity in this ^j'^^^^^^^jj^ ,°^„'®
State, shall be appointed a receiver by the court of equity, and shall accept master or coin-
such appointment, he shall, before he enters upon the duties of such j^™'^^"" ^^^
office, duly execute a bond to the judges of the court of equity, with two
or more good and sufficient sureties, to be approved of by the court making
the order, in a sum equal to twice the value of the estate and effects intrus-
ted to him, conditioned for the faithful performance of his duty as receiver,
which bond shall be kept among the records of the court of equity, and
also recorded by the register, in a book kept for that purpose, in every court ;
and a copy of said bond, certified by said register, shall be dehvered by
him, on deinand, to every party in interest in said funds ; and such party
or parties is and are hereby authorized to institute a suit at law on such
certified copy, either in his or their own name, or in the name of the
judges of the court of equity, whenever he or they shall or may be aggrie-
ved by anv act or neglect of the said receiver.
Ih And be it further enacted by the authority aforesaid. That every
receiver hereafter appointed by the said court, shall be entitled to receive Receiver al-
and retain, for his trouble as receiver, in preserving and managing all F"' J.^'l^^f ''cimmir-''
perty whatsoever committed to him, and in receiving, investing and paying gio,i.
over all monies, bonds, notes, accounts and choses in action, and for all
other duties whatsoever, as receiver, the sum of two per centum upon the
amount he may receive in money, from the collection of the bonds, notes,
accounts and choses in action, and one per centum on the good and valua-
ble choses in action, uncollected by him, and the same on the real value of
every other kind of property preserved and managed by him, and no more.
HI. And he it further enacted by the authority aforesaid, should
any such receiver be ordered by the court to invest the funds in his hands, Receiver to^
and the accumulation of the interest thereof, when received by him, ^J^Yourt! "'"^"^
in stock, or other funds yielding interest, as fast as received, and he should
neglect to do so, that he and his sureties shall be chargeable with compound
interest on all such sums, to be calculated at half yearly periods, from the
time such sums were so received.
IV. And be it further enacted by the authority aforesaid. That every mas-
ter or commissioner in equity, or register acting as such, shall keep a book Books to be
in which he shall open and keep a regular account with every individual or '^'^P'^-
estate on whose account he has or shall hereafter receive any monies, bonds,
notes, stock, choses in action, or other property, of any description what-
soever, by virtue of his office, or of his appointment as receiver, or of any
order or decree of the court ; in Avhich said account he shall duly enter and
regularly credit to the parties interested, or the estate, as the case may be,
every thing so received by him, on their account, and debit all payments on
account of any charges against the said parties or estate ; and the said book
shall be exhibited, on demand, to any person interested in the same, who
may take copies of any account therein, and require the said master or
commissioner to certify the same, whose fee for the same shall be one dol-
lar : and at the expiration of the said officer's term of office, or his death,
or resignation, or dismissal, the said book shall be deposited and kept
among the records of the court of equity.
324 STATUTES AT LARGE
A . D. 1S21. Acts relating to Courts.
V. And he it further enacted by the authority aforesaid, That whenever
Bonds, &c., any master or commissioner in equity shall be ordered or decreed by the
how to be lodg- coJ^ii-t ^^ lodge in bank, or invest any monies in bonds, notes, stock, or in
ed in bank. ^^^^ property whatsoever, for or on behalf of any person or estate, he shall
lodge,- deposit or invest the same, not in his private name, but in his official
name as master, or commissioner, or register, or receiver, as the case may
be, in trust for the said person or estate ; and shall exhibit his bank-book of
such entries, when required by any of the parties interested therein.
VI. And be it further enacted hy i\\e authority aforesaid. That on the
How to pro- resignation, dismissal from office, or expiration of the term of office, of
*^is^tprr*&c Ko^"y master, commissioner or register in equity, all the papers and docu-
out of 'office, ments appertaining to his said office, together with all the monies, bonds,
notes, certificates of stock, or other property, received and held by him un-
der the authority of the said court, shall be delivered over by him to his
successor in office, within twenty days after the date of the commission of
such successor ; and should any master, commissioner or register in equity
depart this life, his representatives shall pay and dehver over all the mo-
nies, documents and assets held by said officer in his official capacity,
as aforesaid, unto his successor, within such time as any judge of the court
of equity, upon application to him by such successor, may direct.
VII. And be it further enacted hy the authority aforesaid, That no master
No coiniuis- or commissionor in equity shall be entitled to charge any commission or
sion to be al- fee, whatsoever, for the sale or change of any property under order of
iToT^acTualf''^^^"''*' ^'" ^^^*^"^'^^^' "nless he shall have actually sold the same at piibHc
made'!'^ "^ ^ auction, by the decreetal order of the court, notwithstanding he may have
been ordered by the court to make titles to carry into effect any contract of
sale, made between any parties whomsoever ; in which latter case, he may
charge a fee of five dollars for his titles, and no more, on any pretence.
VIII. And he it further enacted by the authority aforesaid. That no mas-
Fees in cases ter, commissioner or register in equity, shall receive more than ten dollars
of guardian or for all his duties connected with the appointment of a guardian or guar-
petition. dians ; and the like sum, and no more, for all his duties upon any petition
whatsoever, unless an actual sale of property should be made by him, in
consequence thereof, when the usual commissions on sales may be charged.
IX. And be it further enacted by the authority aforesaid. That should any
Punishment for master, commissioner or register in equity violate or neglect any of the du-
violation or ne- ties prescribed to him by this Act, he may be punished by the court of
giect ot dut}-. gqy^y ^^g f^j. ^ contempt, and his official bond may also be sued by any
party aggrieved by his said violation or neglect of duty.
In the Senate House, the twentieth day of December, in the year of our Lord one thousand
, eight hundred and twenty-one, and in the forty-sixth year of the Independence of the
United States of America.
BENJAMIN HUGER, President of the Senate.
PATRICK NOBLE, Speaker of the House of Representatives,
OF SOUTH CAROLINA.
Acts relating to Courts.
an act to increase the jurisdiction of the city court of no. 2273.
Charleston.
WHEREAS, the interests of Charleston require that the jurisdiction of
the city court should be extended ;
I. Be it therefore enacted^ by the Senate and House of Representatives,
now met and sitting m General Assembly, and by the authority of the
same, That the jurisdiction of the city court of Charleston be, and the
same is hereby, extended to one thousand dollars, instead of five hundred
dollars, as heretofore.
In the Senate House, the twentieth day of December, in the year of our Lord one thou-
sand eight hundred and twenty-one, and in the forty-sixth year of the Independence
of the United States of America.
BENJAMIN HUGER, President of the Senate.
PATRICK NOBLE, Speaker of the House of Representatives.
AN ACT TO revise and amend the Judiciary System of this State. No. 233L
I. Be it enacted by the Senate and House of Representatives, nov^^ met
and sitting in General Assembly, and by the authority of the same. That
a court of appeals, for the courts of law and equity, shall be, and the same ^,
is hereby, established ; which said court shall consist of three judges, to be peals esiabfish.
chosen from the present judges of law or equity, by joint ballot of bothed.
branches of the Legislature; shall sit twice in every year at Columbia,
and twice in Charleston, at such periods as they may themselves fix there-
for, except that the said court never sit in Columbia whilst the circuit
courts are in session, from which the appeals would go to Columbia, nor in
Charleston whilst the circuit courts are in session, from which the appeals
would go to Charleston; and shall exercise appellate jurisdiction in all cases
brought up from the circuit courts, both of law and equity, in the same
manner, and with the same powers and authority in all respects whatso-
ever, as are now exercised by law by the constitutional court and the court
of appeals, or by either of them separately.
II. And be it further enacted by the authority aforesaid. That if at any
time one or more of the said judges of the court of appeals hereby con- 1" '^^se of the
stituted, should be absent, sick, dead, or disabled to attend said court, it shall ju',igej,is *
be the duty of the other judges to notify the eldest circuit law judge there- l>lace to be
of, and the next eldest, should it be necessary, excepting any judge who ''"PP^'*'''-
may by law be excused from the performing circuit duty, who shall there-
upon immediately take the place of the absent appeal judge or judges,
until he or they shall return to their duties, or a successor be chosen by the
Legislature ; and the decision of a majority of said court shall be conclusive ;
Frovided, hotvever, that when a circuit judge is called in as aforesaid, he
shall not try an appeal from his own decisions on circuit.
III. And he it further enacted, That if any person wishes to appeal from
any order or decree of a chancellor, or from any judgment or determina- ■'^PP^'^'S' l^"^
tion of a judge of a court of law, or to make any motion in arrest of judg- '° ^^ ™*^^*
ment, or for a new trial, he shall pursue the same course, in every respect.
326 STATUTES AT LARGE
A-l>- 11^24. jicts relating to Courts.
that is now prescribed by law in cases of appeal ; and the chancellor or
circuit judge shall transmit to the court of appeals a correct report in
writing, of the pleadings, the evidence, the points, and the substance of
the charge to the jury, if any be made, so that the whole case, or as much
as may be necessary, should be made manifest to the said court of ap-
peals.
IV. And be it furtlier enacted., That it shall be the duty of the said
Rules and re- court of appeals to make all such further and other rules and regulations
made' by the'^'' ^^ '"^y ^® necessary to carry this Act, and all parts of all former Acts
court. hereby retained, applicable to the appeal courts heretofore existing, into
effect.
V. And he it furtlier enacted, That the said court of appeals may order
Special courts special district courts, at their discretion, either of law or equity, for the
e ordeie . j-^j^tj^g^ dispatch of the busines in the district courts ; and that the appeals
from each district court, either of law or equity, shall be to the court of
appeals in Columbia or Charleston, as at present arranged in that re-
spect.
VI. And he it farther enacted., That from and among the residue of the
Two Chancel-judges of law or equity, now in commission, two persons shall be chosen in
lors to be cho- ^janner aforesaid, who shall be, and they are hereby declared to be, vested
with all the powers, authority and jurisdiction, with which the judges of the
court of equity are now invested by law, with the exception only of those
powers appertaining to the court of appeals ; which said two persons, so
chosen, shall be denominatad chancellors.
VII. Andhe it furtlier enacted., That there shall be held one regular court
One regular of equity once in each year, in each and every district of this State in which
tobehdd''rn-^^*^'^"'^^ °^ equity are by this Act directed to be held, except in Charleston,
nually. where there shall be two courts held every year ; and the said chancellors
shall ride the equity courts alternately, (unless prevented by inevitable ac-
cident,) and hold the said courts, and try all equity causes therein.
VIII. And, he it further e»a6'/!c(Z, That the courts of law in each and
t^°be'^'he°ld'^^ every district of this State, shall continue to be held as they now are ; and
they now are. ^^^'^ ^^6 remaining judges of the courts of law or equity now in commis-
sion, shall be, and they are hereby, invested with the same powers, authori-
ty and jurisdiction, to all intents and purposes, (except those appertaining
to the constitutional court,) as the present judges of the courts of law now
have ; and they shall ride the law circuits in rotation, unless prevented by
inevitable accident, and hold the said courts, and try all civil and criminal
cases therein, as the judges of the court of law now do ; and that if, at any
time, one or more of the circuit judges or chancellors should be absent, sick,
dead, disabled, or in any way prevented from attending any circuit court,
it shall be the duty of one or more of the judges of the appeal court to
take the place of the said circuit judge or judges, or chancellor or chancel-
lors, and do his duties ; and the judges of the court of appeals shall form a
roster for this purpose.
IX. And he it further enacted by the authority aforesaid. That the
The State to State shall be divided into four equity circuits, to be composed of the fol-
four'circuits"" ^o^^'iog district courts, and to be held at the following periods, namely: —
the first circuit, to consist of the courts of Edgefield, Abbeville, Pendle.
The first ton, Greenville, Laurens and Newberry; and the courts to be held, for
circuit. Edgefield, on the third Monday in May, for six days, if so much be necessa-
ry; for Abbeville, on the fourth Monday in May, for six days, shoidd so
much be necessary ; for Pendleton, on the first Monday after the fourth
OF SOUTH CAROLINxi. 327
Acts relalmg to Courts. A.T). 1824.
Monday in May, for six days, should so much be necessary ; for Greenville,
on the second Monday after the fourth Monday in May, for two days,
should so much be necessary.; for Laurens, on the Thursday after the
second Monday after the fourth Monday in May, for three days, should so
much be necessary; and for Newberry, on the third Monday after the fourth
Monday in May, for six days, should so much be necessary. The second rpj^^ ^^^ ,
circuit to consist of the courts of Spartanburgh, Union, York, Chester, circuit.
Lancaster, Fairfield and Kershaw ; and the courts to be held, for Spartan-
burg, on the fourth Monday in May, for two days, should so much be ne-
cessary; for Union, on the Thursday after the fourth Monday in May, for
three days, should so much be necessary; for York, on the first Monday
after the fourth Monday in May, for three days, should so much be necessa-
ry ; for Chester, on the Thursday after the first Monday after the fourth
Monday in May, for three days, should so much be necessary ; for Lancas-
ter, on the second Monday after the fourth Monday in May, for two daj^s,
should so much be necessary; for Kershaw, on the Thursday after the
second Monday after the fourth Monday in May, for three days, should so
much be necessary ; and for Fairfield, on the third Monday after the fourth
Monday in May, for six days, should so much be necessary. The third cir- 'I'he third
cuit, to consist of the districts of Orangeburgh, Colleton, Beaufort, Barnwell, circuit.
Richland and Lexington, and to sit as follows, unless the business be sooner
disposed of, viz: — for Orangeburgh, on the second Monday in January,
six days; Colleton, at Walterborough, on the third Monday in January,
six days; Beaufort, at Coosawhatchee, on the fourth Monday in January,
six days ; Barnwell, on the first Monday after the fourth Monday in January,
six days ; CoUmibia, on the second Monday after the fourth Monday in
January, six days ; Lexington, on the third Monday after the fourth Mon-
day in January, three days. The fourth circuit, to consist of the courts of The fourth
Charleston, Georgetown, Cheraw and Sumter; and the courts to be held, '^"'°""*
for Charleston, on the first Monday in January, to sit for four weeks, should
so much be necessary, and on the fourth Monday in April, to sit four weeks,
should so much be necessary; for Georgetown,"at Georgetown, for the dis-
tricts of Williamsburgh, Horry, Marion and Georgetown, on the first Mon-
day after the fourth Monday in January, to sit two weeks, should so much
be necessary; for Cheraw, at Darlington court house, for the districts of
Chesterfield, Marlborough and Darlington, on the third Monday after the
fourth Monday in January, for six days, should so much be necessary ; and
for Sumter, on the fourth Monday after the fourth Monday in January, for
six days, should so much be necessary,
X. And he it further enacted. That the master and the commissioners of
every equity district in the State, shall annually, at the sitting of their re- J^^,^^[g^,"o^„prs
spective courts, severally make report to the court of the different estates in to rej)ort annu-
their hands severally, under and by virtue of any decree or order of the court, =^">'-
with a full and particular account of the monies received and paid, relating
to the said estates ; and the said master and comiTiissioners shall also, at the
time above mentioned, severally report what guardians or trustees have not
annually made returns of all monies received and expended, and which of
them have so made their returns ; and it shall be the duty of every trustee
or guardian appointed by the court, to make an annual return of the estate
in his possession, setting out all the items of money received and paid out,
with the proper vouchers ; and it shall be the duty of the master and commis-
sioners to set apart certain days for a reference of such accounts, to give
328 STATUTES AT LARGE
A. 0. 1824. Acts relating to Courts.
notice thereof to all guardians and trustees, whose duty it shall be to ac-
count before them ; and likewise to make such observations on all such
accounts, in his annual report to the court, as may be necessary, and condu-
cive [to] justice ; and in case he should neglect to make such annual reports
of all such guardians and trustees, he shall be responsible for all losses by
the minor and cestuique trust in consequence of his guardian or trustee neg-
lecting to account annually ; besides subject to be fined at the discretion of
the court, on a rule to shew cause being first served on him.
XI. Arid he it further enacted, That it shall be the duty of the chancel-
rhnnnellor to lor, on the first day of every court, to call upon the commissioner to make
call upon the j^jg returns, and should the commissioner or any guardian or trustee neg-
t'omTkrhiT' lect to make such their annual returns, the chancellor shall, during the
returns. court and before it rises, make such order as shall be necessary to carry into
strict operation this Act, and as shall be necessary to protect the interest of
those whose estates are in the possession of trustees or guardians ; and
should any chancellor neglect so to call upon all commissioners and master
for reports, he shall be responsible, after the commissioner has been sued to
insolvency, or removed without the State, for all losses sustained by any
one in consequence of such neglect of duty.
XII. And be it further enacted, That the master and commissioners in
Masterand equity, shall, at the next sitting of the court of chancery, in each and every
Commissioners of thgjj. respective courts, make report to the presiding judge, on the first
orguSdianr& day of the court, of all guardians and trustees appointed by any such court,
trustees who who have not made regular returns of monies received and expended, since
^rlimnT'^^'^^ their appointment; and it shall be the duty of such presiding judge to
re urns. ^^^^^ proceedings immediately to be taken before the commissioner, for
compelling such guardian or trustee to render a full account before the
next sitting of such court, and to make such further and other order as
may be necessary to justice, and to a correct and honest administration of
the estates of minors and cestuique trusts ; to discharge such guardian or
trustee, and appoint others, or to make such order as to him may seem meet ;
saving and reserving, in all cases, a right of appeal to the appeal court.
XIII. Be it enacted, That from and after the passing of this Act, the
Costs in cases costs of every suit in equity, brought by petition or bill, for the partition
under $2000. ^^ ^^ estate under the value of two thousand dollars, shall be no more than
one half of the sums heretofore allowed by law.
XIV. And be it further enacted by the authority aforesaid. That ap-
Courts of peals from the districts of Beaufort, Colleton, Charleston, Georgetown,
appeals, where Williamsburg and Horry, shall be taken to the court of appeals at Charles-
to beheld. ^^^ . ^^^ ^^^^ appeals from all the other districts shall be taken to the court
of appeals at Columbia.
XV. And be it further enacted. That all Acts and parts of Acts repug-
Repealmg , , , , ,
clause. nant hereto, are hereby repealed.
In the Senate House, the seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and twentyfour, and in the forty-ninth year of the Independence
of the United States of America.
JACOB BOND TON, President of the Senate.
JNO. B. O'NEALL, Speaker of the House of Representatives.
OF SOUTH CAROLINA. 329
Acts relating to Courts. A. D. 1825.
AN ACT TO GIVE TO THE CiTY CoURT OF CHARLESTON CONCURRENT No. 2362.
JURISDICTION WITH THE CoURT OF CoMMON PlEAS, IN SUITS ON CER-
TAIN MERCANTILE CONTRACTS, TO ANY AMOUNT.
I. Be it enacted by the Senate and House of Representatives, and by the
authority of the same, That the city court of Charleston shall be, and it is
hereby, authorized to entertain jurisdiction in all suits arising upon policies
of assurance, charter parties, and other contracts concerning freight, either
express or implied, bills of lading, or other contracts, express or implied,
concerning the delivery of goods, wares and merchandize brought into the
State, in ships or vessels from a sister State, or from foreign parts, to the
same extent, to all intents and purposes, as the court of common pleas,
where the contract or cause of action arises within the limits of the corpo-
ration, and where the defendant is a resident within the limits of the said
corporation, or is not a I'esident of this State; any law of this State, to the
contrary thereof, notwithstanding.
In the Senate House, the nineteenth day of December, in the year of our Lord one
thousand eight hundred and twenty-five, and in the fiftieth year of the Inde-
pendence of the United States of America.
JACOB BOND rON, President of the Senate.
JOHN B. O'NEALL, Speaker of the House of Representatives.
AN ACT TO AMEND AN AcT ENTITLED " An AcT TO REVISE AND
AMEND THE JUDICIARY SYSTEM OF THIS StATE ; AND FOR OTHER
PURPOSES.''
No. 2369.
I. Be it enacted, by the Senate and House of Representatives, now met
and sitting in General Assembly, and by the authority aforesaid. That the Judges to ap-
circuit judge who holds any court, shall, in case he is unable to dispatch the P"'"' •''"''^
business of any court, be, and he is hereby, authorized and required to ap- „!(,„ pieas.
point an extra court, and shall return and hold said extra court, unless pre-
vented by sickness or other cause, in which case, any other circuit judge
most convenient shall attend and hold said extra court ; and it shall be
the duty of the said circuit judge of the court of common law, ordering
the extra court, to order juries to be drawn for said extra court, as well as
for the next regular circuit court.
H. Be it further enacted, That in case the business of the circuit court
of equity shall so accumulate as to require extra courts, the chancellor, And extra
who is unable to dispose of the business at the regular court, shall and may (°""^" ^*^"''
direct any extra court to be held at such time as will interfere least with the
other courts, and one of the chancellors, or if neither of them is able to
attend, one of the appeal judges, shall hold said extra court.
HI. And be it further enacted, That the chancellors, or either of them,
shall be, and they are hereby, vested with power and authority, in case of ^''^"^^^'°P
sickness, absence, or inability from any other cause, of a commissioner and registers.
register of the court of equity, to discharge his duties at the time appoint-
ed for holding anv court of equity, to appoint a register of said court, to
VOL. VH— 42.
330 STATUTES AT LARGE
A. D.J 825. Acts relating to Courts.
serve during the sitting of said court, who shall perform the same du-
ties, and whose fees and compensation shall be the same, as the register
would have been, had he been personally present to discharge said duties.
IV. And he it further enacted^ That the clerk of the district in which
Clerks to guch extra court is ordered, shall have power to draw a iurv for that court,
draw juries. • , • j i r- -i i ^ V. . ■ ■ ^ \
as in cases where a judge has tailed to attend a circuit court.
V. And he it further enacted hy the authority aforesaid, That if, at any
time, one or more of the judges of the court of appeals should be absent,
('irciiit jiuiffps ^I'om any sufficient cause, the other judge or judges of that court shall no-
111 ly iittciKl the tify one or more of the circuit judges of the same ; and it shall be the du-
')e"!I' "' ^"^ ^y ^^ such judge or judges to attend in the place of the judge or judges so
absent, as foresaid.
VI. And be it further enacted hy the authority aforesaid. That the ap-
Coiin of !ip- pgal court shall sit at such times as may be necessary for the despatch of
sit.' '^' ^^ * " " business, but shall so arrange the calling of the appeal docket, as not to in-
terfere With the holding of the circuit court.
VII. And be it further enacted by the authority aforesaid. That all writs
Writs and pro- and processes, issued after the first day of April next, from the courts of
i^^^tp'f t° '*!i,e ^^^^^o"*^ ^^^ common pleas, shall be tested on any day previous to the day
cierks of on which they are made returnable, in the name of any of the clerks of
courts. the court of sessions and common pleas, who signs them.
VIII. And he it further enacted by the authority aforesaid, That the
Court oiequiiy court of equity for the equity district of Georgetown, shall hereafter sit
1,1 (xeorgetown, Qjj jj^g ^irst Monday after the fourth Monday in January, to continue one
week, if so much be necessary, and on the third Monday in April, to con-
tinue one week, if so much be necessary, in each and every year, instead
of the time now required by law.
IX. Be it further enacted, That the commissioner in equity for Richland
I'npeis to be district, be, and he is hereby, authorized and required to deliver to the
iiom Riclilana^*^^"™^^''^^"^^' ^" ®*l^"*^y f'°'' -'^'^•^^"g^^'^ district, all papers and other docu-
lo Lexington, ments which are in his office, pertaining to any cause of action which may
have originated in said district, where the defendant or defendants reside
in Lexington district, upon his application for the same.
X. Be it further enacted, That the masters or commissioners in equity
,, mav ffrant injunctions, which shall continue of force until the answer is
coiniiiissioners filed, in the same manner as the chancellors are now authorized to do ; and
to grant in- upon filing the answer, an application may be made to the chancellor, who
junutioiib. s\\a\\ make such order upon the bill and answer, as the case may require,
either at chambers or in open court.
XI. And he it further enacted by the authority aforesaid, That the
Courts of equi-^*^"''* of equity for Edgefield district shall hereafter be held on the fourth
ty tor EilgR- Monday in May, for twelve days, should so much be necessary ; for Abbe-
*"^'''- '-^' •"''"'" ville district, on the second Monday after the fourth Monday in May, for
six days, should so much be necessary ; for Pendleton district, on the third
Monday after the fourth Monday in May, for six days, should so much be
necessary; for Greenville, on the fourth Monday after the fourth Monday
in May, for two days, should so much be necessary ; for Laurens, on the
Thursday after the fourth Monday after the fourth Monday in May, for
three days, should so much be necessary; and for Newberry, on the first
Monday after the fourth Monday after the fourth Monday in May, for six
days, should so much be necessary.
XII. Whereas, doubts may arise as to the proper construction of the
third section of an Act passed in December, Anno Domini one thousand
OF SOUTH CAROLINA. 331
Act." relaiins to Courts.
A. D. IC.27.
eight hundred and twenty-four, entitled "x\n Act for the amendment of the Act ot \9.U
law in divers particulars 'therein mentioned/' in relation to the time when^^P'"'"eci.
interest shall commence : he it enacted by the authority aforesaid, That the
said clause, in said Act, shall be construed to allow interest on the value of
the land, in assessing dower, from the accrual of the right of dower, and
not from the time of ahenation.
In the Senate Housp, tlie nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and twenty-five, and in the fiftieth year of the Independence of
the United States of America.
JACOB BOND rON, President of the Senate.
JOHN B. O'NEALL, Speaker of the House of Representatives.
AN ACT TO REGULATE THE SITTINGS OF THE CoURT OF APPEALS ; AND No. 2432.
FOR OTHER PURPOSES.
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 court of ap-
the same, That the court of appeals shall meet at Charleston on the first peals, where
Monday in February, in each and every year, to hear and determine all ca- ^" '"^^ '
ses of appeals in law or in equity, from Charleston, from the eastern circuit,
and from Beaufort and Colleton districts, and shall continue its session for
a term not exceeding three months ; and in case the causes on the dockets
should not be disposed of during that term, the said court shall meet at Co-
lumbia on the first Monday in November, and hear and determine the re-
maining causes on the said docket from Charleston district, until the first
Monday in December, in each and every year ; and it shall be lawful for
the court, at its session in Columbia in November, to hear and decide all
cases which may have been decided in the circuit courts of Charleston,
from the eastern and south-eastern circuits, during the vacation of the ap-
peal court, and which may be docketed for trial at Columbia, by consent of
counsel endorsed upon the notice of appeal.
n. And be it further enacted hy the authoriy aforesaid, That the judges
of the court of appeals shall, from and after the passing of this Act, have Jl^.'^ses^to^^ap-
the power and authority to appoint a clerk for the court of appeals at Co- for Columbia.
lumbia, who shall attend the sittings of the said court, and discharge all the
duties now discharged by the clerk of the court and commissioner in equi-
ty for Richland district ; which clerk so to be appointed shall be remova-
ble at the pleasure of the court of appeals, and during his continuance in
office, shall receive an annual salary of three hundred dollars, in lieu of
all other charges against the State, as well for attendance in office as for
copying papers for the State reporter.
III. A.nd be it further enacted by the authority aforesaid , That the judges
of the court of appeals shall, from and after the passing of this Act, have And^^e^ for
the power and authority to appoint a clerk for the court of appeals at
Charleston, who shall attend the sittings of the said court, and discharge
all the duties now discharged by the clerk of the court and register in equity
for Charleston district; which clerk so to be appointed shall be removable
at the pleasure of the court of appeals, and during his continuance in office
332 STATUTES AT LARGE
A. D. 1832. Acts relating to Courts.
shall receive an annual salary of three hundred dollars, in lieu of all other
charges against the State, as well for attendance as for copying papers for
the State reporter.
IV. And be it further enacted hy the authority aforesaid. That the con-
Offices of the sultation room of the court of appeals at Columbia shall be the office of
said clerks, the clerk of the court of appeals in Columbia, and that a room in the fire
where to be pj-Qof offices in Charleston be assigned to the clerk of the court of appeals
in Charleston, by the commissioners of public buildings.
V. And be it further enacted, by the authority aforesaid. That the clerks
Records, &,c , of the Courts for Richland and Charleston districts, and the commissioner
to be delivered in equity for Richland, and the Register in equity for Charleston district,
to sai c 61 s. gj^g^ji^ upon the appointment of a clerk of the court of appeals for their
respective districts, transfer and deliver to the said clerk all the records,
books and papers concerning or belonging to the said court.
VI. And be it further enacted, That the said clerks of the court of ap-
Certificates to peals shall not hereafter be allowed to make any charge for a certificate of
be given wiih- jj^g result of a case on the appeal docket, but thev shall be compelled to
out chsrfifG . . . i' .
certify the same without charge, and transmit such certificate to the clerk
of the circuit court from which the appeal comes, as soon as the case is de-
termined. ' For copying the opinions or other papers of the said court, they
shall be allowed the usual charge per copy sheet.
VII. And be it further enacted, by the authority aforesaid, That the said
Messengers to judges of the court of appeals shall have power and authority to appoint a
be appointed, jyjessenger for the court in Charleston, and a messenger for the court in
Columbia, who shall discharge such duties, and execute all such orders, as
may be assigned him by said court ; which messengers shall be removable
at the pleasure of the said judges, and during their continuance in office
shall each receive an annual salary of one hundred and fifty dollars, in lieu
of all charges against the State.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and twenty-seven, and in the fifty-second year of the Independence
of the United States of America.
JACOB BOND TON, Presidentof the Senate.
JOHN B. O'NEALL, Speaker of the House of Representatives.
No. 2579. AN ACT regulating the practice of the Court of Appeals.
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 an appeal shall hereafter be taken in any case
tried before one of the judges of the court of appeals, sitting as a circuit
judge or chancellor, such judge shall not sit upon the trial of said appeal,
and one of the circuit judges or chancellors shall be called in by the court,
in the room of said judge of the court of appeals.
II. And be it further enacted by the authority aforesaid. That where an
appeal shall hereafter be taken from a conviction for a misdemeanor, the
sentence which would have been passed shall be reduced to writing, and
signed by the judge before whom the case may have been tried, sealed up.
OF SOUTH CAROLINA. 333
Acts relating to Courts. ^- ^- '^'^^■
and lodged with the clerk of the court for the district in which the case
originated, to the end that such sentence may be passed on the defendant,
at the next circuit court for said district, after the appeal shall have been
dismissed by the court of appeals ; and the defendant shall not hereafter, in
any such case, be required to appear in person before the oourt of ap-
peals.
III. And he it further enacted, That hereafter, no circuit judge oi
chancellor shall sit in the court of appeals on any case he may have tried
on the circuit.
In the Senate House, the twentieth day of December, in the year of our Lord one
thousand eight hundred and thirty-two, and the fifty-seventh year of the Sovereignty
and Independence of the United States of America.
H. DEAS, President of the Senate.
H. L. PINCKNEY, Speaker of the House of Representatives.
AN ACT TO PROLONG THE TERMS OF THE CoURT OF EqUITY, FOR No 2598.
CERTAIN DISTRICTS.
I. Be it enacted by the Senate and House of Representatives of the
State of South Carolina, met and sitting in General Assembly, and by the
authority of the same, That the chancellors shall henceforth, in each and
every year, hold the courts of equity in the upper country, at the following
times, instead of those now fixed by law.
II. Those for Edgefield and Spartanburgh districts, to commence on the
second Monday in June, and continue in session six days, unless the
business be sooner disposed of.
III. Those for Abbeville and Union districts, to commence the third
Monday in June, and continue in session six days, unless the business
be sooner disposed of.
IV. That for Anderson district, to commence on the fourth Monday in
June, and continue in session three days, unless the business be sooner
disposed of; and that for Pickens district, to commence on the Friday after
the fourth Monday in June, and continue in session two days, unless the
business be sooner disposed of.
V. That for York district, to commence on the fourth Monday in June,
and continue in session six days, unless the business be sooner disposed of.
VI. Those for Greenville and Chester districts, to commence the first
Monday after the fourth Monday in June, and continue in session six days,
unless the business be sooner disposed of.
VII. Those for Laurens and Fairfield districts, to commence the second
Monday after the fourth Monday in June, and continue in session six days, *
unless the business be sooner disposed of.
VIII. Those for Newberry and Lancaster districts, to commence the
third Monday after the fourth Monday in June, and sit from day today,
Sundays excepted, until the business be disposed of.
IX. And be it enacted, That Kershaw Equity district be annexed to the
fourth equity circuit ; and that the equity terms of that circuit be held
henceforth, in each and every year, at the following times, instead of those
now fixed by law.
334 STATUTES AT LARGE
A.D. ]835. Acts relating to Courts.
X. The court of equity for Charleston district, to commence the first
Monday in January, and remain in session for three weeks, Sundays ex-
cepted, unless the business be sooner disposed of.
XI. That for Georgetown district, to commence the Tuesday after the
fourth Monday in January, and continue in session five days, unless the
business be sooner disposed of.
XII. That for Williamsburgh district, to commence the first Monday after
the fourth Monday in January, and remain in session two days, unless the
business be sooner disposed of.
XIII. That for Marion district, to commence the Thursday after the
first Monday after the fourth Monday in Januiry, and continue in session
three days, unless the business be sooner disposed of.
XIV. Tnat for Cheraw equity district, to commence at Darlington court
house, the second Monday after the fourth Monday in January, and remain
six days in session, unless the busines be sooner disposed of.
XV. That for Sumter district, to commence the third Monday after the
fourth Monday in January, and continue in session six days, unless the
business be sooner disposed of.
XVI. That for Kershaw district, to commence the fourth Monday after
the fourth Monday in January, and sit from day to day, Sundays excepted,
until the business be disposed of
XVII. And be it enacted. That the Spring courts of equity for the dis-
tricts of Georgetown and Charleston, continue to be held as heretofore;
any thing in this Act to the contrary notwithstanding.
XVIII. If hereafter, any decree shall be delivered in Equity, or any trial
be had in the court of general sessions or common pleas, during the sitting
of the court of appeals in Charleston, in any district from which the
appeals are directed to be carried to Charleston for a hearing ; or during
the sitting of the said Court in Columbia, in any district from which ap-
ppeals are directed to be carried to Columbia for a hearing ; and an appeal
shall be taken therefrom, either party, upon the receiving the decree, if in
equity, or the report of the judge, if a trial in the sessions or common
pleas, and giving the opposite party or counsel four days notice of such
intention, may proceed to docket the said cause for a hearing at Charleston
or Columbia, as the case may be; and the court of appeals shall call, hear
and dispose of said cause, in the same manner as other appeals are.
In the Senate House, the nineteenth day of December, in the year of our Lord one
thousand eight hundred and thirty-three, and in the fifty-eighth year of the Sover-
eignty and [ndependeiice of the United States of America.
H. DEAS, President oj the Senate.
PATRICK NOBLE, Sjyeaker of the House of Representatives.
No. 2646. A^jNf ACT to reform and amend the Judiciary system of this
State.
I. Be it ejiacted, by the Senate and House of Representatives, now met
Repeal of for- ^"^ sitting in General Assembly, and by the authority of the same. That
mer Act. the first section of an Act entitled " An Act to revise and amend the judi-
ciary system of this State," passed the seventeenth day of December, in
OF SOUTH CAROLINA. 335
Acts relating to Courts. A. D.J 835.
the year of our Lord one thousand eight hundred and twenty-four, estab-
lishing a court of appeals, be, and the same is hereby, repealed.
IL That from among the judges of the court of appeals, as heretofore
constituted, two shall be designated, bv ballot of both branches of the VifP^'M,"^'^'®
Legislature, who shall hereafter perform the duties of chancellors, and the
remaining judge shall perform the duties of a judge of the courts of law.
in. That the law judges and chancellors shall meet and sit at the times
and places hereinafter specified, for the purpose of holding the court of Duty ofluw
appeals in hearing and determining all motions which may be made for J"'^?'^^ """^
new trials and in arrest of judgment, and such points of law and equity
as may be submitted to them, with the same powers now exercised
by the court of appeals ; Provided, that not less than a majority of the law
judges and a majority of the chancellors shall hold said court ; and Provi-
ded also, that no chancellor or law judge by or before whom a cause may
be heard or tried, shall exercise appellate jurisdiction thereupon in said
court.
IV. That the several courts of common pleas and sessions in the State,
shall be, and they are hereby, arranged into six circuits, in the following man- „ ..
ner, that is to say : — the several courtsfor the districtsof Richland, Orange- mon pleas ar-
burgh, Barnwell, Beaufort and Colleton, shall form the southern circuit ; the ranged into
several courts for the districts of Abbeville, Edgefield, Newbc-ry and Lex- *^"^^""^'
ington, shall form the south-western circuit; the several courts for the
districts of Pickens, Anderson, Greenville, Spartanburgh and Laurens,
shall form the western circuit ; the several courts for the districts of Union,
York, Chester, Lancaster and Fairfield, shall form the middle circuit; the
several courts for the districts of Chesterfield, Kershaw, Sumter, Darling-
ton and Marlborough, shall form the northern circuit ; and the several courts
for the districtsof Charleston, Williamsburgh, Marion, Horry and George-
town, shall form the eastern circuit.
V. That the several courts of common pleas and sessions shall hereafter
be held at the following periods, that is to say : — at Columbia, for Richland Periods when
district ; at Abbeville court house, for Abbeville district ; at Pickens court'" ^^ '*®^''-
house, for Pickens district ; at Union court house, for Union district ; and
at Chesterfield court house, for Chesterfield district ; on the first Monday in
October, and the second Monday in March, in every year ; at Orangeburgh
court house, for Orangeburgh district ; at Anderson court house, for Ander-
son district; at York court house, for York district ; and at Camden, for
Kershaw district, on the the second Monday in October, and the third
Monday in March, in every year; at Barnwell court house, for Barnwell
district; at Greenville court house, for Greenville district; at Chester
court house, for Chester district; and at Sumter court house, for Sumter
district ; on the third Monday in October, and the fourth Monday in
March, in every year; at Walterborough, for Colleton district ; at New-
berry courthouse, for Newberry district; at Spartanburgh court house,
for Spartanburgh district ; at Lancaster court house, for Lancaster district ;
and at Darlington court house, for Darlington district; on the fourth Mon-
day in October, and the first Monday after the fourth Monday in March,
in every year; at Coosawhatchee, for Beaufort district; at Lexington
court house, for Lexington district ; at Laurens courthouse, for Laurens
district; at Winnsborough, for Fairfield district; and at Marlborough court
house, for Marlborough district ; on the first Monday after the fourth Mon-
day in October, and the second Monday after the fourth Monday in March,
in every year; at Williamsburgh court house, for Williamsburgh district,
336 STATUTES AT LAtlGE
A. D. 1835. Acts relating to Courts.
on the fourth Mondays in March and October ; at Conway borough, for
Horry district, on the first Monday after the fourth Monday in March and
October ; at Georgetown, for Georgetown district, on the second Monday
after the fourth Monday in March and October; at Marion court house,
for Marion district, on the third Monday after the fourth Monday in March
and October, in every year, for one week at each term, unless the business
of said courts, respectively, shall be sooner dispatched ; at Edgetield court
house, for Edgefield district, on the second Monday in October, and the
third Monday in March, in every year, for two weeks at each term ; and at
Charleston, for Charleston district, on the fourth Monday in January, for
three weeks, and on the second Monday in May, for six weeks, and on the
first Monday in October, for two weeks, in every year, unless the business
thereof shall be sooner dispatched.
VI. That the several courts of equity in the State shall hereafter be
Courts of eqiii-holden twice annually, at the following periods, that is to say : — at Edge-
held! '^" ° ^ ^q\A court house , for Edgefield district ; and at Spartanburgh court house , for
Spartanburgh district, on the fourth Monday in January, and the first
Monday in June ; at Columbia, for Richland district, on the fourth Monday
in January, and the second Monday after the fourth Monday in June, in
every year, for one week at each term, unless the business of said courts,
respectively, shall be sooner dispatched. At Abbeville court house, for
Abbeville district ; and at Union court house, for Union district, on the first
Monday after the fourth Monday in January, and the second Monday in
June; and at Lexington court house, for Lexington district, on the first
Monday after the fourth Monday in January, and the first Monday after
' the fourth Monday in June, in every year, for one week at each term,
unless the busines of said courts, respectively, shall be sooner dispatched.
At Georgetown, for Georgetown district, on the first Monday after the
fourth Monday in January, and the fourth Monday in April, in every year,
for one week at each term, unless the business thereof shall be sooner dis-
patched. At York court house, for York district, on the second Monday
after the fourth Monday in January, and the third Monday in June ; at
Orangeburgh court house, for Orangeburgh district, on the second Monday
after the fourth Monday in January, and the fourth Monday in June, in
every year, for one week at each term, unless the business of said courts,
respectively, shall be sooner dispatched. At Anderson court house, for
Anderson district ; and at Williamsburgh court house, for Williamsburgh
district, on the second Monday after the fourth Monday in January, and
the third Monday in June, in every year, for two days at each term.
At Pickens court house, for Pickens district; and at Marion court house,
for Marion district, on the Thursday next after the second Monday after the
fourth Monday in January, and the Thursday next after the third Monday
in June, in every year, for three days at each term, unless the business of
said courts shall, respectively, be sooner dispatched- At Greenville court
house, for Greenville district ; at Chester court house, for Chester district ;
and at Darlington court house, for Cheraw district, on the third Monday
after the fourth Monday in January, and on the fourth Monday in June ;
and at Barnwell court house, for Barnwell district, on the third Monday
after the fourth Monday in January, and the third Monday in June, in
every year, for one week at each term, unless the business of said courts,
respectively, shall be sooner dispatched. At Laurens court house, for Lau-
rens district ; at Winnsborough, for Fairfield district ; and at Sumter court
house, for Sumter district, on the fourth Monday after the fourth Monday
OF SOUTH CAROLINA. 337
Ads relating to Courts. A.D. 1835.-
in January, and the first Monday after the fourth Monday in June ; and
at Walterborough, for Colleton district, on the fourth Monday after the
fourth Monday in January, and the second Monday in June, in every year,
for one week at each term, unless the business of said courts, respectively,
shall be sooner dispatched. At Newberry court house, for Newberry dis-
trict; at Lancaster court house, for Lancaster district ; and at Camden, for
Kershaw district, on the fifth Monday after the fourth Monday in January,
and the second Monday after the fourth Monday in June. At Coosaw-
hatchee, for Beaufort district, on the fifth Monday after the fourth Monday
in January, and the first Monday in June, in every year, for one week at
each term, unless the business of said courts, respectively, shall be sooner
dispatched ; and at Charleston, for Charleston district, on the first Monday
in January, for three weeks, and the first Monday after the fourth Monday
in April, for five weeks, in every year, unless the business thereof shall be
sooner dispatched.
VII. That the law judges and chancellors shall meet to hold the court of
appeals at Columbia, for all cases directed by law to be taken there, on the When courts of
fourth Monday in November, for four weeks, unless the business thereof ^PP'?'« shall
shall be sooner dispatched; and on the third Monday in July, for as many
weeks as may be necessary to dispatch the business thereof, in every year ;
and at Charleston, for all the cases directed by law to be taken there, on the
first Monday in January, for four weeks, and on the fourth Monday in
April, for four weeks, in every year, unless the business thereof shall be
sooner dispatched
VIII. That the chancellors and law judges hereafter to be elected, shall Chancellors'
receive, each, an annual salary of three thousand dollars. ^j"d<-'e"s^ salar
IX. That all writs and processes which shall have been made returnable to''" ^^^ ^^ ^^^'
the aforesaid courts respectively, according to the laws heretofore in force, [''"^Y""^ '^"*^'
shall be legal and valid to all intents and purposes ; and the persons bound *^
thereby, shall attend on the days prescribed by this Act for the sitting of
the aforesaid courts respectively.
X. That all jurors and witnesses already summoned, or who shall here-
after be summoned, to attend the said courts respectively, according to the Jurors and
laws heretofore in force, shall be required to attend at the times herein fixed ^j^'fo ^f
for the sitting of the said courts respectively ; and that all persons now telld.
bound, or who shall hereafter be bound, in recognizance to appear at the
said courts respectively, according to the laws heretofore in force, shall be
required to appear at the times herein fixed for the sitting of the said courts
respectively.
XI. That the solicitors of the Southern, Northern, Eastern, Middle and
Western circuits, who are now in office, or may hereafter be elected, shall fig„ej°to ^f;.
be assigned to those seveveral circuits respectively, and that a solicitor shall cuits.
be appointed by the Legislature for the south-western circuit, hereby estab-
lished, who shall attend the courts assigned to the same, perform the' several
duties, be entitled to the same privileges, and receive the same salary and
perquisites, as by law allowed to the other solicitors. _
XII. That all Acts and parts of Acts repugnant hereto, are hereby re. Act3"fe'Sled.
pealed.
In the Senate House, the eighteenth day of December, in the year of our Lord one
thousand eight hundred and thirty-five, and in the sixtieth year of the Sovereignty
and Independence of the United States of America.
H. DEAS, President of the Senate.
PATRICK NOBLE, Speaker of the House of Revresentatives.
VOL. VII.— 43.
338
STATUTES AT LARGE
A. I). 1836.
Acts relating to Courts.
No. 2677. AN ACT to increase the jurisdiction of the City Court of
Charleston ; and for other purposes.
I. Be it enacted by the Senate and House of Representatives, now met
,.,... c and sitting in General Assembly, and by the authority of the same, That
city court.
Of judgments,
Decrees and
Executions.
from and after the passing of this Act, the city court of Charleston shall,
in addition to the powers and jurisdiction now vested in or possessed by it,
have concurrent jurisdiction with the court of general sessions for Charles-
ton district, of all cases of grand and petit larceny, and in all cases of
misdemeanor, arising or committed within the limits of the said city, under
any law or laws now in force, or hereafter to be passed, in this State;
Provided., that nothing herein contained shall extend to any inhabitant of
this State, (except transient persons,) not a resident of the said city of
Charleston, and no person shall be construed to be a resident of the said
city, unless he shall have resided in the said city three calendar months,
prior to the commencement of the prosecution against him, or shall have
resided within the said city four months during the year immediately
preceding the commencement of such prosecution.
II. That all judgments and decrees, now or hereafter to be recovered and
entered of record in the said city court of Charleston, and all executions,
sued out or to be sued out thereon, and lodged in the office of the sheriff of the
said court, shall have the same lien of binding efficacy and operative energy,
on the property and persons of the parties defendant thereto, within the judi-
cial district of Charleston, as if such judgments and decrees had been recover-
ed and entered of record in the court of common pleas for the said district,
and as if such executions had been lodged in the office of the sheriff of
the said district ; and it shall be the duty of the sheriff of the said district
to execute and enforce all such executions, on property and persons lying
or being without the limits of the said city, and within the said district;
provided, such executions be first entered in the office of the sheriff of the
said district, with an order, in writing, from the party suing out the same,
or his attorney, endorsed thereon, directed to the said sheriff, and requiring
him to execute the same, on person or property, as the case may be, without
the limits of the said city, and within the said district, as aforesaid.
III. That all executions now sued out, or hereafter to be sued out, from
Of executions, the said city court of Charleston, shall be tested, made returnable, and be
returnable, in like manner as is now directed by law in relation to execu-
tions sued out from the courts of general sessions and common pleas of this
State.
IV. That it shall and may be lawful for the recorder of the said court,
to grant a commission to examine any witnesses residing out of the city,
when the testimony of such witnesses may be necessary in any cause de-
pending in the said court.
In the Senate House, the twenty-first day of December, in the year of our Lord one
thousand eight hundred and thirty-six, and in the sixty-first year of the Sovereignty
and Independence of the United States of America.
PATRICK NOBLE, President of the Senate.
D. L. WARDLAW, Speaker of the House of Representatives,
Of Recorder.
OF SOUTH CAROLINA. 339
Acts relating to Courts.
AN ACT TO ORGANIZE THE CoURTS OF THIS StATE.
I. Be it enacted by the Senate and House of Representatives, now met
and sitting in General Assembly, and by the authority of the same, That Places and
the several courts of law and equity in this State, shall hereafter be held af ""*"°^'^°''|'"S
-w-m courts oi l&w
the times and places as follows, that is to say ; for the courts of law : For
the southern circuit; at Columbia, on the third Monday in March and Oc-
tober ; at Orangeburg, on the fourth Monday in March and October ; at
Barnwell court house, on the first Monday after the fourth Monday in
March and October; at Walterborough, on the second Monday after the
fourth Monday in March and October; at Coosawhatchie, or the seat of
justice for Beaufort district, on the third Monday after the fourth Monday
in March and October. For the south-western circuit : at Abbeville court
house, on the third Monday in March, and second Monday in October ; at
Edgefield court house, on the fourth Monday in March, and third Monday
in October; at Newberry court house, on the first Monday after fourth
Monday in March, and fourth Monday in October ; at Lexington court
house, on the second Monday after fourth Monday in March, and
first Monday after fourth Monday in October. For the western circuit :
At Pickens court house, on the third Monday in March, and second Mon-
day in October ; Anderson court house, fourth Monday in March,
and third Monday in October; at Greenville court house, on first Mon-
day after fourth Monday in March, and fourth Monday in October;
at Spartanburg court house, on the second Monday after fourth Monday
in March, and first Monday after the fourth Monday in October ; at
Laurens court house, on third Monday after fourth Monday in March,
and second Monday after fourth Monday in October. For the middle
circuit: at Union court house, on the third Monday in March, and
second Monday in October; at York court house, on the fourth Mon-
day in March, and third Monday in October; at Chester court house, on
the first Monday after the fourth Monday in March, and fourth Monday in
October ; at Lancaster court house, on the second Monday after the fourth
Monday in March, and the first Monday after the fourth Monday in Octo-
ber; at Winnsborough, on the third Monday after the fourth Monday in
March, and second Monday after the fourth Monday in October. For the
northern circuit : at Chesterfield court house, on the third Monday in March
and October ; at Kershaw court house, on the fourth Monday in March
and October ; at Sumter court house, on the first Monday after the fourth
Monday in March and October; at Darlington court house, on the second
Monday after the fourth Monday in March and October ; at Marlborough
court house, on the third Monday after the fourth Monday in March and
October. For the eastern circuit : at Marion court house, on the fourth
Monday in March and October ; at Horry court house, on the first Monday
after fourth Monday in March and October ; at Williamsburg court house,
on the second Monday after the fourth Monday in March and October ; at
Georgetown, on the third Monday after the fourth Monday in March and Oc-
tober ; at Charleston, on the first Monday in January, for four weeks, and
first Monday in May, for six weeks, and on the first Monday in October, for
two weeks, for sessions business. The first day of the Term of the court
of common pleas for Charleston district, in January ensuing, shall be return
day, and all writs and processes issued to the said term, although another
return day be named therein, shall be returnable on the first day of said
term.
Courts of Equity. — At Charleston, on th© first Monday in January
340 STATUTES AT LARGE
A. D. 1836. j^f.fg relatins; to Courts.
'b
Places and for four weeks, and first Monday after the fourth Monday in May, for six
c^rts^l'f'equf-^*^^'^^' \^ "^^^^^^^'y* ^^^ ^^^ second circuit: at Coosawhatchie, or the
;ty. ^' seat of justice for Beaufort district, on the first Monday in January; at
Walterborough, on tiie second Monday in January; at Barnwell court
house, on the third Monday in January ; at Orangeburg, on the fourth
Monday in January. For the third circuit: at Sumter court house, on the
first Monday in January ; at Darlington court house, on the second Mon-
day in January ; at Marion court house, on the third Monday in January :
at Williamsburg court house, on the fourth Monday in January; and
at Georgetown, on Wednesday after Williamsburg, to sit till the busi-
ness is ended. For the fourth circuit : at Camden, on the first Monday in
June ; at Columbia, on the second Monday in June ; at Lexington court
house, the third Monday in June ; and at Newberry court house, on the
fourth Monday in June. For the fifth circuit : at Edgefield court house,
on the first Monday in June ; at Abbeville court house, on the second Mon-
day in June ; at Anderson court house, on the third Monday in June ; at
Pickens court house, the Thursday after Anderson ; at Greenville court
house, the fourth Monday in June ; and at Laurens court house, on the
Thursday after Greenville, to sit till the business is ended. For the sixth
circuit : at Spartanburg court house, on the first Monday in June ; at Union
court house, on the second Monday in June ; at York court house, on the
third Monday in June ; at Chester court house, on the fourth Monday in
June ; at Lancaster court house, on the first Monday after the fourth Mon-
day in June ; and at Winnsborough, on the second Monday after the fourth
Monday in June.
That a special court of equity shall be held at Coosawhatchie, on the
fourth Monday after the fourth Monday in March next.
n. That all processes and recognizances heretofore made returnable to
the court of any of the said districts, be legal, good, and binding, for the
court next to be held in said district, according to this Act.
III. That the chancellors, by consent of parties, may hear causes at
Causes may be chambers, when the same are ready for hearing ; and they shall be autho-
heard atchani- rized to hold special courts, whenever the same may be deemed necessary,
in any of the districts aforesaid.
IV. That commissioners in equity shall be elected for the districts of Ches-
Commissioners ^^^''fi^l^ > Marlborough and Horry; and the said commissioners for the dis-
jn equity, and tricts of Chesterfield and Marlborough shall attend the sitting of the
their duty. court of Equity at Darlington, and the said commissioner for the district
of Horry shall attend the court of equity at Georgetown, with such papers
and documents as may be requisite for the hearing and determining of the
equity causes of their respective districts.
V. That all appeals from the courts of law shall be heard and determined
Court of ap. in a court of appeals, consisting of the law judges ; and that all appeals in
peals. equity shall be heard and determined in a court of appeals, consisting of the
chancellors ; that the said courts shall meet at the same time, and be held
as follows, that is to say : at Charleston, on the first Monday in February,
and at Columbia, on the first Monday in May, and fourth Monday in No-
vember.
VI. That in all questions of law as distinguished from equity, the court
of chancery shall follow the decision of the court of law.
VII. That upon all constitutional questions arising out of the constitu-
tion of this State, or the United States, an appeal shall lie to the whole
^f appeals. of the judges assembled to hear such appeals : that an appeal shall also lie
to the whole of the judges upon all questions upon which either of the
OF SOUTH CAROLINA. 341
Acts relating to Courts. ^- ^- 1837.
courts of appeal shall be divided, or when any two of the judges of the
court shall require that a cause be further heard by all the judges.
VIII. That the judges of law and equity, when assembled as aforesaid
in one chamber, shall form a court for the correction of all errors in law or C^ourt of errors,
equity, in the cases that may be heard before them ; and that it shall be
the duty of the judges to make all proper rules and regulations for the prac-
tice of the said court of errors, and for the mode of bringing causes before
them.
IX. That each chancellor shall have power to hear at chambers, and to „
r. p. r . r ■ ■ • .1. rower of chan-
confirm or reruse to connrm, reports ot commissioners in equity, and tocellors.
make the proper orders thereon, in all matters of account and partition ;
and shall likewise have power to hear at chambers, and to make the proper
orders thereon, all petitions for guardians ; Provided, that in case of any
application to a chancellor at chambers, reasonable notice thereof shall be
given to the party or parties in interest.
X. That all appeals in law and equity from the district courts held in
the district of Barnwell, shall hereafter be heard and determined in Charles- weHshalPbT*'
ton, instead of Columbia, as heretofore, and that the clerk of the appeal heard in Char-
court at Columbia shall transmit to the clerk of the appeal court in ^'^^ton.
Charleston, all the cases from the district aforesaid, which shall remain
undisposed of at the adjournment of the court of appeals now sitting at
Columbia.
XI. That this Act shall go into operation from and after the first day of
January next.
That all Acts and parts of Acts repugnant hereto, are hereby repealed.
In the Senate House, the twentyfirst day of December, in the year of our Lord one thou-
sand eight hundred and thirtysix, and in the sixty-first year of the Sovereignty and
Independence of the United States of America.
PATRICK NOBLE, President of the Senate.
D. L. WARDLAW, Speaker of the House of Representatives.
AN ACT TO ALTER THE TIME OF THE SITTINGS OP THE CoURTS OF No. 2732.
Law and EauiTY in some of the districts of this State.
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 courts of law shall hereafter be held for a part of the
Eastern circuit, at the times and places as follows : — at Georgetown, on the
second Monday after the fourth Monday in March and October ; and at
Williamsburgh court house, on the third Monday after the fourth Monday
in March and October.
II. And be it further enacted by the authority aforesaid. That the
courts of equity shall hereafter be held for the second circuit, at the
times and places as follows ; at Orangeburgh, on the first Monday in Janu-
ary ; at Barnwell court house, on the second Monday in January ; at Wal-
terborough, on the third Monday in January ; and at Coosawhatchee, or the
seat of justice for Beaufort district, on the fourth Monday in January ;
342 STATUTES AT LARGE
A. D. ]837. Acts relating to Courts.
Provided, that in the year eighteen hundred and thirty eight, the court of
equity at Orangeburgh shall be held on the first Friday in January, for
three days, and on the last Monday in April, for six days, unless the busi-
ness thereof should be sooner dispatched, instead of the first Monday in
January as above mentioned.
III. That all writs and processes which shall have been returnable
to the aforesaid courts, respectively, according to the laws heretofore
in force, shall be legal and valid, to all intents and purposes ; and the per-
sons bound thereby shall attend on the days prescribed by this Act for the
sitting of the aforesaid courts, respectively.
IV. That all jurors and witnesses already summoned to attend the said
courts, respectively, according to the laws heretofore in force, shall be
required to attend at the times herein fixed for the sitting of the said courts,
respectively ; and that all persons now bound, or who shall hereafter be
bound, in recognizance to appear in the said courts, respectively, according
to the laws heretofore in force, shall be required to appear at the times
herein fixed for the sitting of the said courts, respectively.
V. That all Acts and parts of Acts repugnant hereto, or inconsistent
herewith, are hereby repealed.
In the Senate House, the twentieth day of December, in the year of our Lord one thou-
sand eight hundred and thirty-seven, and in the sixty-second year of the Sovereignty
and Independence of the United States of America.
PATRICK NOBLE, President of the Senate.
D. L. WARDLAW, Speaker of the House of Representatives.
ACTS RELATING TO SLAVES.
AN ACT FOR THE BETTER ORDERING OF SlAVES. No. 5T.
I. Be it enacted, by his Excellency, William, Earle of Craven, Palatine,
and the rest of the true and absolute Lords and Proprietors of this Province,
by and with the advice and consent of the Commons in this present Parha-
ment assembled, and it is hereby enacted by the authority of the same,
That no person whatsoever shall send or give leave to any negro or
Indian slave, under his or their care, charge or ownership, to go out of
their plantations, unless such as usually wait on their persons, without a
ticket, or one more white men in their company ; in which ticket shall
be expressed their names and numbers, and also, from and to what
place they are intended for, and time, on penalty of forty shillings, and
paying for taking up such slave as a runaway ; and whosoever shall not
endeavor to apprehend any negro or Indian slave, coming into their planta-
tions aforesaid, or where they have care or charge, (except such as have
tickets before excepted as aforesaid,) and apprehending any, shall not punish
them by moderate whipping, shall forfeit forty shillings; and if any negro
or Indian slave shall offer any violence, by striking or the like, to any white
person, he shall for the lirst offence be severely whipped by the constable,
by order of any justice of peace; and for the second offence, by like
order, shall be severely whipped, his or her nose slit, and face burnt in
some place ; and for the third offence, to be left to two justices and three
sufficient freeholders, to inflict death, or any other punishment, according to
their discretion ; 'Provided, such striking or conflict be not by command of
or in lawful defence of their owner's persons.
II. And it is further enacted, That all slaves shall have convenient
clothes, once every year ; and that no slave shall be free by becoming a
christian, but as to payment of debts, shall be deemed and taken as all other
goods and chattels, and when other goods and chattels are not sufficiet to
344 STATUTES AT LARGE
A . D. 1790^ Jicts relating to Slaves.
satisfy the said debts, then so many slaves only as are necessary, as well
proportionately out of the slaves assigned for dowry, as those that belong
to the heirs and executors, shall be sold for payment of debt; and all
negroes and slaves shall be accounted as freehold in all other cases whatso-
ever, and descend accordingly.
III. And it is further enacted by the authority aforesaid. That no per-
son whatsoever, except the sheriffor gaoler, shall keep any runaway slave or
slaves above four days, nor shall sheriffor gaoler, or any other whatsoever,
employ any of them, or suffer him, her or them in custody, to want conve-
nient food and water, on penalty of forty pounds for every such offence ;
and if any person shall suffer any slave to die in their custody for want of
food or water, or dry and convenient lodgings, the sheriff, gaoler, or any
other person in whose custody the negro was, shall pay the owner forty
pounds, to be recovered by action of debt, in any court of record within
this Province, or be liable to an action of debt for the same.
IV. And be it further e72cc?'e<^ by the authority aforesaid. That whoso-
ever shall take up any runaway slave or slaves, that such person or persons
shall bring the said runaways to his or their proper owners, if they know
them, and receive for their pains, eight pence per mile for the first five
miles, and six pence per mile for every mile more ; Provided, it exceed
not seventy shillings in the whole ; but if they do not know the owners,
then to the sheriff or gaoler, upon pain or forfeiture, for every day he or
she shall keep such slave or slaves beyond the said four days, and whereof
be convicted by confession or verdict, the sum of twenty pounds, to be
levied by the sheriff or gaoler, or his lawful deputy, upon the goods and
chattels of the persons so neglecting to bring the said runaways ; and no
person shall receive payment for their taking up any slave or slaves, till he
gives an account to the sheriff or gaoler of his own name and place of
abode, with the time and place when and where taken up, with an account
of the marks most distinguishing, and name, which account of all such
slave or slaves coming into his custody, the sheriffor gaoler shall cause to
be fairly written and fixed upon a public place in the goal, on the penalty
of fifty pounds ; and the said sheriff or gaoler shall enter the said account
into a book, and also to take a receipt from the person to whom he delivers
any runaways, with the name and place of abode of the person to whom
delivered ; and in case the sheriff or gaoler refuse to make payment for the
taking up any runaway slave or slaves, and whereof oath be made before
any justice of the peace, the said justice is hereby authorized to direct
his warrant to any constable, to cause the value thereof to be immediately
levied upon the goods of the said sheriffor gaoler, and the goods to be sold
by public outcry, and satisfaction to be made to the complainant, returning
the overplus to the said sheriff or gaoler ; and that it shall and may be
lawful for the sheriff or gaoler to detain and keep in custody the bodies of
all such runaways, till the owners of them, or their assigns, shall pay unto
him the full sum of what he so pays for them, with two shillings in the
pound for laying out the money, and so proportionable for a greater or
lesser sum ; and also, six pence for every twenty. four hours the said slave
hath been in his custody : and if the said sheriff or gaoler shall willingly
or negligently suffer any slave or slaves to escape or be employed, or by
any ways or means to be out of their custody, before he be duly delivered
to the owner or his assigns, then the said sheriffor gaoler shall forfeit to
the owners thirty pounds for every slave or slaves so escaping, employed or
being out of their custody as aforesaid.
OF SOUTH CAROLINA. 345
» Acts relating to Slaves. A. D. 1690.
V. AtuI be it further enacted by the authority aforesaid , That every
Piaster or mistress or overseer of a family of this Province, shall cause all
their slaves houses to be diligently and eflectually searched, once every
month, for clubs, guns, swords and mischievous weapons, and finding any,
shall take them away and cause them to be destroyed, and also upon request
made, to search the same for stolen chattels, or any other things orcommo-
dities that is not given them by their owners or honestly come by ; and in
whose custody they shall find any thing suspected or known to be stolen
goods, the same shall seize and take into their custody, and a full and am-
ple description of the particulars thereof in writing, within six days after
the discovery thereof, shall send to the sheriff or gaoler for the time being,
who is hereby required to receive the same, and enter upon it the day of
its receipt, and set up notices in writing, publicly, that such goods are
found, to the end the owner, giving the sheriff or gaoler proof, by marks
or otherwise, that the goods so taken belongs to him, he may have the
same, paying twelve pence to the sheriff or gaoler for ^lis entry and declara-
tion of the same ; and the parties by whom such lost goods are taken into
custody, are hereby required to make restitution of what is in being to the
owner, on the penalty of ten pounds for every neglect by the master, mis-
tress, overseer, or sheriff^ or gaoler, as aforesaid.
VI. And be it fartlier enacted by the authority aforesaid. That if any
slave shall take up any runav/ay, he or she shall have the whole benefit
thereof; and if any shall deprive a slave of the same benefit, and not lay
the same out in chattels or otherwise, at the discretion of the owner, they
shall forfeit treble the value.
VII. And be it further enacted by the authority aforesaid , That no per-
son whatsoever shall attempt or endeavor to steal or carry off this Province,
any slave, on penalty of sixty pounds; but whosoever shall actually do
the same, shall be guilty of felony, and be excluded from the benefit of his
clergy.
VIII. And it is further enacted by the authority aforesaid. That upon
complaint made to any justice of the peace, of any heinous or grievous
crime, committed by any slave or slaves, as burglary, robbery, burning of
houses, killing or stealing of any neat or other cattle, or other petty inju-
ries, as maiming one of the other, stealing of fowls, provisions, or such like
trespass or injuries, the said justice shall issue his warrant for apprehending
the offenders, and for all persons to come before him that can give evi-
dence, and if upon examination, it probably appeared that the apprehended
are guilty, he shall commit them to prison or take security for their forth-
coming, as the case shall require, and also to certify to the justice next to
him the said cause, and to require him by virtue of this Act to associate
himself to him, (which such justice is hereby required to do,) and they so
associated are to issue their summons to three discreet and sufiicient free-
holders, acquainting them with the matter, and appointing them a day,
hour and place, when and Vvhere the same shall be heard and determined,
at which day hour and place, the said justices and freeholders shall cause
the offendei's and evidences to come before them ; and if they, on hearing
the matter, (the said freeholders being by the said justices first sworn to
judge impartially and according to evidence,) shall adjudge the criminal or
criminals guilty of the oftence complained of, they shall give sentence of
death, if the crime by law deserve the same, or such other punishment as*
the crime deserveth ; and forthwith by their warrant cause immediate exe-
cution to be done, by the common or any other executioner, in such manner
VOL. VII— 44.
346 STATUTES AT LARGE
A D.1690. Acts relating to Slaves.
as they shall think fit ; and if the crime committed shall not deserve
death, they shall condemn and adjudge the criminal or criminals to the
party or partys injured, and to his, her or their heirs forever, after they have
received such corporal punishment as the said justices and freeholders shall
appoint, unless the owners shall pay to the parties injured such sum or
sums of money for the value of such time or times, as the justices or
freeholders shall appoint ; and if any justice or freeholder shall neglect his
duty above required, he shall forfeit twenty pounds; Provided neverthe-
less, that when and as often as any of the aforementioned crimes be com-
mitted by more than one negro that shall deserve death, that then and in
all such cases, only one of the said criminals shall suffer death, as ex-
emplary, the rest to be returned to the owners, which owners of slaves so
offending, shall bear proportionably the loss of the said negro so put to
death, and also proportionably the damage done by the said criminals to the
party or parties injured, as shall be allotted them by the said justices and
freeholders ; and if any person shall refuse to pay his part so allotted him,
that then and in all such cases, the said justices and freeholders are hereby
required to issue out their warrant of distress upon the goods and chattels
of the person so refusing, and shall cause the same to be sold by the public
outcry, to satisfy the said money so allowed him to pay, and to return the
overplus, if any be, to the owner.
IX. And it is further enacted by the authority aforesaid. That every
Captain of a company in this Province, shall be, and is hereby, empowered
and required, on notice to him given, of the haunt, residence or hiding
place of any runawhy slave, to raise a convenient party of men, not excee-
ding twenty, and with them to pursue, apprehend and take the said runa-
ways, either alive or dead ; and whatsoever officer shall neglect his or
their duty herein, shall forfeit the sum of twenty pounds.
X. And it is further enacted by the authority aforesaid. That if any
slave or slaves shall commit any murder, or make any insurrection, or raise
rebellion against their master's authority, or make any preparations of arms,
as powder, bullets, or offensive weapons, or hold any conspiracies for rais-
ing mutinies and rebellion, the offender shall be tried by two justices of the
peace, and three able freeholders, associated together as before expressed,
who are hereby empowered and required to try the said slaves so offending,
and inflict death, or any other punishment, upon the said offenders, and
forthwith by their warrant cause execution to be done by the common or
any other executioner, in such manner as they shall think fit; and if any
person shall make awav or conceal any slave or slaves suspected to be
guilty of the afore mentioned crime, and not upon demand bring forth the
suspected offender or offenders, such person shall forfeit one hundred
pounds.
XI. And it is further enacted by the authority aforesaid. That the
sheriff or gaoler shall give an account in writing, at every sessions within
this Province, as often as the same shall be held, of what negroes he hath
in prison, with their marks and names, and the time they have been in his
custody, and as near as he can learn, how long each hath been from his
respective owners, on penalty of fifty pounds for every default.
XII. And it is further enacted hy the authority aforesaid. That if any
slave, by punishment from the owner for running away or other offence, shall
suffer in life or limb, no person shall be liable to the law for the same.; but
if any one out of wilfulness, wantoncss, or bloody mindedness, shall kill a
OF SOUTH CAROLINA. 347
Acts relating to Slaves. A. D. 1690.
slave , he or she, upon due conviction thereof, shall suffer three months im-
prisonment, without bail or mainprize, and also pay the sum of fifty pounds
to the owner of such slave ; but if the person so offending be a servant, he
or she shall receive on his or her bare backs, nine and thirty lashes, by
order of any two justices of the peace, before whom the matter shall be
proved, and after the expiration of his or her time with his or her master
or mistress, he or she shall be further liable to serve the owner or owners
of such slave the full term of four years, by order of the said justices of
the peace ; and if any person shall kill a slave stealing in his house or
plantation by night, the said slave refusing to submit himself, such person
shall not be hable to any damage or action for the same ; any law, custom
or usage to the contrary notwithstanding.
XIII. And it is further enacted hy the authority aforesaid. That this Act
be read and published by the clarke at the next court of pleas, after the
ratification, as also by the clarke of the crown at the next sessions, on penal-
ty of five pounds sterling for each default.
XIV. And he it further enacted by the authority aforesaid, That every
master, mistress, manager or overseer of any plantation, or owner of any
slave or slaves in this part of the Province, shall not, after the ratification
of this Act, give or allow any Saturday in the afternoon, to any negro or
slave, as hath been accustomed formerly, upon the penalty of seven shil-
lings for every such default made contrary to the true intent and meaning
of this Act.
XV. And it is farther enacted by the authority aforesaid, That all pen-
alties mentioned in this Act, and not declared where they shall be recovered,
or how disposed of, not exceeding forty shillings, shall be recovered by
warrant from any justice of the peace, and all penalties exceeding forty
shillings shall be recovered by action of debt, in the court of pleas of this
Province ; one moiety or half part of all such forfeitures shall be to the
pubhc use of the Province, for buying and providing powder and ammuni-
tion, and the other moiety or half part shall be to the informer, or
they that shall sue for the same.
Read three times and passed, and ratified in open Parliament, the seventh day of February,
Anno Domini, 1690.
SETH SOTHELL,
G. MUSCHAMP,
JOHN BERESFORD,
JOHN HARRIS.
AN ACT FOR RAISING AND ENLISTING SUCH SlaVES AS SHALL BE THOUGHT JS^q. 237.
SERVICEABLE TO THIS PROVINCE IN TIME OF ALARMS.
WHEREAS, among the several slaves belonging to this Colony, there
are a great number of them who, by care and discipline, may be rendered
serviceable towards the defence and preservation of this Province, in case
of actual invasion ; in order, therefore, to make the assistance of our said
trusty slaves more certain and regular ;
I. Be it enacted by his Excellency John P. Granville, Pallatine, and the
348 STATUTES AT LARGE
A. D. 1704. Jicts relating to Slaves.
rest of the true and absolute lords and proprietors of this Province, by and
with the advice and consent of the rest of the members of the General As-
sembly, now met at Charlestown, for the south-west part of this Province,
and by the authority of the same, That within thirty days after ratification
of this Act, the several captains or commanders of companies throughout
this Province do, by virtue of a warrant under their hands and seals, im-
power and commissionate five freeholders in their respective divisions, (be-
ing sober, discreet men,) to form and complete a list of such negroes, mu-
lattoes and Indian slaves, as they, or any three of them, shall judge service-
able for the purpose aforesaid ; which said commissioners, after having fin-
ished their said lists, are to warn and summons the masters, mistresses or
overseers to whom the said slaves do belong, to appear before them at a
certain day, to shew cause (if any) why their said slave or slaves so chosen,
should not continue in the said list, of which reasons, the said commission-
ers, or any three of them, are hereby made competent judges, to allow or dis-
approve, as the}^ in their discretion shall think fit ; and further to direct and
require the several masters, mistresses or overseers of the said slaves, on
time of alarm or other special summons, that they cause their several slaves
so enlisted, and armed either with a serviceable lance, hatchet or gun,
with sufficient amunition and hatchets, according to the conveniency of the
said owners, to appear under the colours of the respective captains, in their
several divisions, throughout this Province, there to remain and be disposed
in such manner as the said officers or the commander-in-chief shall direct
and appoint, for the public service. And the said commissioners are hereby
further directed and required, that within ten days after their completeing
the said lists, they do return the same to their respective captains, in each
division, under their hands and upon their oaths, as a true, fair, impartial
list of the said slaves, according to the best of their judgment; the oath to
be administered by the several captains, on return of the said lists. And
the said captains are hereby also required, that within ten days after the
receipt of the said lists, they present the same to the right honorable the
Governour, and receive such instructions for the disposal and management
of the said slaves, as his honour shall prescribe and think fit, and as may
best suit the public safety, intended hereby.
II. And be it further enacted by the authority aforesaid, That if any
master, mistress, manager or overseer of such slave or slaves, so enlisted as
aforesaid, do refuse to obey the summons sent them, to appear before the
said commissioners, or otherwise, in time of alarm or other special summons^
neglect to send his or her slave or slaves, armed and equipped as aforesaid,
to the common and usual rendevouz of their respective divisions, that then,
and in such case, the master, mistress, manager or overseer, so neglecting
or refusing, as aforesaid, shall, for each neglect or refusal, forfeit the sum
of five pounds, or value thereof, to be distrained by the next constable, by
virtue of a warrant under the hand and seal of such captain in whose divi-
sion the said default is made, and the distress to be appraised by two or
more of the neighboring free-holders ; the forfeiture to be paid by the said
captain into the hands of the receiver, for the use of the public, and after
charge of distraimng, the overplus, (if any,) to be returned to the ow-
ners thereof.
III. And he it furtlier enacted by the authority aforesaid. That if any
slaves enlisted as aforesaid shall happen to be killed or maimed in actual
service, by the enemy, then the master or owner of such slave so killed or
maimed, as aforesaid, shall be satisfied and paid for the same, by the public.
OF SOUTH CAROLINA. 349
Acts relating to Slaves. A. D. 1708.
at such rate and value as three free-holders of the neighborhood, appointed
by the Governor, on their oaths, shall award ; on which award, so returned,
the Governor is hereby iinpowered to order the receiver to pay the same.
IV. And he it Jurther enacted, That this Act, and every thing therein
contained, shall continue in force two years, and no longer.
Read three times, and ratified in open Assembly, the fourth day of No-
vember, 1704.
N. JOHNSON.
THOS. BROUGHTON.
JA. MOORE.
NICHOLAS TROTT.
ROBT. GIBBES.
HENRY NOBLE-
AN ACT FOR ENLISTING SUCH TRUSTY SlaVES AS SHALL BE THOUGHT No. 278,
SERVICEABLE TO THIS PROVINCE IN TIME OF ALARMS.
WHEREAS, it is necessary for the safety of this Province, in case of
actual invasion, to have the assistance of our trusty slaves, to serve us
against our enemies ; and it being reasonable that the said slaves should be
rewarded for the good service they may do us, and that satisfaction may be
made to the owners of such slaves, either on their death, freedom or
maiming :
I. Be it enacted by his Excellency John Lord Granville, Pallatine, and
the rest of the true and absolute lords and proprietors of this Province, by
and with the advice and consent of the rest of the members of the General
Assembly, now met at Charlestown, for the south-west part of this Province,
and by the authority of the same. That within fifteen days after the rati-
fication of this Act, the several captains of patrols, captains, lieutenants
and ensigns of the companies throughout this Province, form and complete
a fist of such negroes, mulattoes and Indian slaves, as they, or any two of
them, shall judge serviceable for the purpose aforesaid, not exceeding the
number of white men under the command of each respective captain, ex-
cepting one man slave, which shall be at the choice of his master, to attend
upon him upon alarms, armed with a gun and hatchet, or cutlass, at his
own proper cost and charge ; which said ofiicers, after having finished their
said lists, are to warn and summons the masters, mistresses or overseers to
whom the said slaves do belong, to appear before them at a certain day, to
shew cause (if any) why their said slave or slaves so chosen, should not
continue in the said list ; of which reasons, the said ofiicers, or any three
of them, are hereby made complete judges, to allow or disapprove, as they,
in their discretion, shall think fit.
II. And he it enacted by the authority aforesaid. That every slave en-
listed as aforesaid, upon an alarm shall repair at the colours of the respec-
tive captains in their several divisions throughout this Province, and on an
actual invasion, shall be accoutred and armed by the captain of each divi-
sion, out of the public stores, with a good launce and hatchet or gun, with
sufficient ammunition and hatchet; and if armed as aforesaid, by their
350 STATUTES AT LARGE
A. D. 1708. ^cts relating to Slaves.
respective master, mistress or overseer, the same, if lost or damaged, to be
paid and allowed them by the public ; and the said officers are hereby fur-
ther directed and required, that within five days after their completing
the said list, they do return the same, under their hands and upon their
oaths, as a true, fair and impartial list of the said slaves, according to the
best of their judgments ; the oath to be administered by the next justice of
peace. And the said captains are hereby also required, that within ten
daj^s after being sworn, that they present the same to the right honorable
the Governor, and receive such instructions for the disposal and manage-
ment of the said slaves at times of an alarm and invasion, as his honor
shall prescribe and think fit, and as may best suit the public safety, intend-
ed hereby.
III. And be it further enacted by the authority aforesaid. That if the said
officers, or any of them, shall neglect or refuse to execute and perform
all and whatsoever is directed and enjoined them by this Act, that then
the officer or officers so neglecting or refusing as aforesaid, shall, for
each neglect or refusal, forfeit the sum of live pounds each, to be re-
covered as in this Act is hereafter prescribed in the case of the master
or mistresses their neglect or refusal to perform their part, prescribed
by this Act.
IV. And he it further enacted hy the authority aforesaid. That if any
master, mistress, manager or overseer of such slave or slaves so enlisted,
as aforesaid, do refuse or neglect to send his or her slave or slaves, in time
of alarm, as aforesaid, to the common and usual rendezvous of their res-
pective divisions, that then, and in such case, the master, mistress, mana-
ger or overseer so neglecting or refusing as aforesaid, shall, for each ne-
gleet or refusal, forfeit the sum of five pounds, or value thereof, to be dis-
trained by the next constable, by virtue of a warrant under the hand and
seal of such captain in whose division the said default is made ; and the
distress to be appraised by two or more of the neighboring free-holders ; the
forfeiture to be paid by the said captains into the hands of the receiver, for
the use of the public, and after the charge of distraining, the overplus (if
any be) to be returned to the owners thereof.
V. Be it further enacted by the authority aforesaid, That if any slave
shall, in actual invasion, kill or take one or more of our enemies, and the
same shall prove, by any white person, to be done by him, shall, for his re-
ward, at the charge of the public, have and enjoy his freedom, for such his
taking or killing, as aforesaid ; and the master or owner of such slave
shall be paid and satisfied by the public, at such rates and prices as three
free-holders of the neighborhood, who well know the said slave, being nomi-
nated and appointed by the right honorable the Governor, or Governor for
the time being, shall award on their oaths; on which award so returned,
the Governor, or the Governor for the time being, is hereby impowered to
order the public receiver to pay the same, who is hereby required and com-
manded to pay the same accordingly. And if any of the said slaves hap-
pen to be killed or taken, in actual service of this Province, by the enemy,
or after enlisted, as aforesaid, shall desert and run over to the enemy, in
time of an invasion, then the master or owner shall be paid and satisfied
for him, in such manner and form as is before appointed to owners whose
slaves are set free.
VI. And he it further enacted by the authority aforesaid. That if any
slave, in actual service of this Province, is wounded, so that he is disabled
for service to his master or owner, then such slave, so disabled, shall be set
OF SOUTH CAROLINA 351
Actn relating to Slaves. ^- ^^- '^*^^-
free, at the charge of the public, in such manner and form as afore is pro-
vided, and shall also be maintained at the charge of the said public.
VII. And be it further enacted by the authority aforesaid, That the three
last paragraphs in an Act entitled "An additional Act to an Act entitled an
Act to prevent the sea's further incroachmont upon the wharf at Charles-
ton, and for building more batteries and flankers on the said wall to be
built upon the said wharf, and also for the fortifying the remaining parts of
Charlestown, by intrenchments, flankers and pallisadoes, and appointing
agarison to the southward," ratified in open Assembly, the twenty-third day
of December, one thousand seven hundred and three, are hereby declared
repealed, annulled and made void ; any thing in the forerecited three last
paragraphs, in the said additional Act contained, to the contrary, notwith-
standing.
VIII. Whereas, at this time, it is thought necessary for the general safe-
ty of this Province, to lay an imbargo to confine all persons not to depart
this Province, the limitation of which being of larger extent than the sig.
nals of alarm can be heard ; Beit enacted by the authority aforesaid, That
if any free male person above the age of sixteen, now residing, or which
may hereafter come into this Province, except such persons whose chief re-
sidence are not in the limits hereafter mentione,d, and shall, (during the
said imbargo,) go further to the northward of Charlestown than Santee
river, or to the southward than the Savannah river, or to the westward
than twenty miles of the plantation of William FoUingsbey, (without spe-
cial leave from the governor,) shall forfeit the sum of fifty pounds, or one
year imprisonment ; and also, that if any free person doth refuse to appear
under their respective colours, in time of alarm, and from thence to march
to such place or places as the General or Commander-in-chief shall appoint,
shall forfeit the sum of fifty pounds, or one year imprisonment ; the said
fines to be recovered as the fines in the militia Act is directed, and to be
paid to the public receiver, for the use of the public.
IX. Provided nevertheless^ and he it further enacted by the authority
aforesaid. That nothing in this Act, nor in the Act commonly called the
Mihtia Act, or any other Act now in force in this Province, shall be con-
strued or intended to abridge the power of the right honorable the Gover-
nor, or the Governor for the time being, in proclaiming marshal law in
time of actual invasion, but that in such case, it shall be lawful for him to
proclaim marshal law, and execute all the powers and authorites that to a
captain general do or may of right belong, by the charter granted by the
Crown of England to the lords proprietors of this Province.
X. And be it further enacted by the authority aforesaid, That this Act,
and every thing therein contained, (except the last paragraph,) do continue
in force during the time and space of two years, and from thence to the
next sessions of the General Assembly after, and no longer.
Read three times, and ratified in open Assembly, this twenty-fourth day of April, Anno
Domini 1708.
N. JOHNSON.
HENRY NOBLE.
JAMES RISBEE.
NICHOLAS TROTT.
CHA. BURNHAM.
352 STATUTES AT LARGE
A.U.J712. ' AcU relating to Slaves.
No. 314. AN ACT fok the better ordering and governing of Negroes
AND Slaves.
WHEREAS, the plantations and estates of this Province cannot be
well and sufficiently managed and brought into use, without the labor and
service of negroes and other slaves ; and forasmuch as the said negroes
and other slaves brought unto the people of this Province for that pur-
pose, are of barbarous, wild, savage natures, and such as renders them,
wholly unqualified to be governed by the laws, customs, and practices
of this Province; but that it is absolutely necessary, that such other
constitutions, laws and orders, should in this Province be made and
enacted, for the good regulating and ordering of them, as may restrain the
disorders, rapines and inhumanity, to which they are naturally prone and
inclined ; and may also tend to the safety and security of the people of this
Province and their estates; to which purpose,
I; Be it therefore enacted^ by his Excellency, William, Lord Craven,
Palatine, and the rest of the true and absolute Lords and Proprietors of
this Province, by and with the advice and consent of the rest of the mem-
bers of the General Assembly, now met at Charlestown, for the South-west
part of this Province, and by the authority of the same. That all negroes,
mulatoes, mustizoes or Indians, which at any time heretofore have been
sold, or now are held or taken to be, or hereafter shall be bought and sold
for slaves, are hereby declared slaves ; and they, and their children, are
hereby made and declared slaves, to all intents and purposes ; excepting all
such negroes, mulatoes, mustizoes or Indians, which heretofore have been,
or hereafter shall be, for some particular merit, made and declared free,
either by the Governor and council of this Province, pursuant to any Act
or law of this Province, or by their respective owners or masters ; and also,
excepting all such negroes, mulatoes, mustizoes or Indians, as can prove
they ought not to be sold for slaves. And in case any negro, mulatoe,
mustizoe or Indian, doth lay claim to his or her freedom, upon all or any
of the said accounts, the same shall be finally heard and determined by
the Governor and council of this Province.
II. And for the better ordering and governing of negroes and all
other slaves in this Province, Be it enacted by the authority aforesaid. That
no master, mistress, overseer, or other person whatsoever, that hath the care
and charge of any negro or slave, shall give their negroes and other slaves
leave, on Sundays, hollidays, or any other time, to go out of their plantations,
except such negro or other slave as usually wait upon them at home or
abroad, or wearing a livery ; and every other negro or slave that shall be
taken hereafter out of his master's plantation, without a ticket, or leave in
writing, from his master or mistress, or some other person by his or her
appointment, or some white person in the company of such slave, to give
an account of his business, shall be whipped ; and every person who shall
not (when in his power,) apprehend every negro or other slave Mdiich he
shall see out of his master ''s plantation, without leave as aforesaid, and after
apprehended, shall neglect to punish him by moderate whipping, shall
forfeit twenty shillings, the one half to the poor, to be paid to the church
wardens of the Parish where such forteiture shall become due, and the
other half to him that will inform for the same, within one week after such
neglect ; and that no slave may make further or other use of any one
ticket than was intended by him that granted the same, every ticket shall
particularly mention the name of every slave employed in the particular
OF SOUTH CAROLINA. 353
Acts relating to Slaves. A. D. 1712.
business, and to what place they are sent, and what time they return ; and
if any person shall presume to give any negro or slave a ticket in the name
of his master or mistress, without his or her consent, such person so doing
shall forfeit the sum of twenty shillings ; one half to the poor, to be dis-
posed of as aforesaid, the other half to the person injured, that will com-
plain against the person oftending, within one week after the offence com-
mitted. And for the better security of all such persons that shall endeavor
to take any runaway, or shall examine any slave for his ticket, passing to
and from his master's plantation, it is hereby declared lawful for any white
person to beat, maim or assault, and if such negro or slave cannot other-
wise be taken, to kill him, who shall refuse to shew his ticket, or, by running
away or resistance, shall endeavor to avoid being apprehended or taken.
III. And he it further enacted by the authority aforesaid. That every mas-
ter, mistress or overseer of a family in this Province, shall cause all his
negro houses to be searched diligently and effectually, once every fourteen
days, for fugitive and runav/ay slaves, guns, swords, clubs, and any other
mischievous weapons, and finding any, to take them away, and cause them
to be secured ; as also, for clothes, goods, and any other things and com-
modities that are not given them by their master, mistress, commander or
overseer, and honestly come by ; and in whose custody they find any thing
of that kind, and suspect or know to be stolen goods, the same they shall
seize and take into their custody, and a full and ample description of the
particulars thereof, in writing, within ten days after the discovery thereof,
either to the provost marshall, or to the clerk of the parish for the time
being, who is hereby required to receive the same, and to enter upon it the
day of its receipt, and the particulars to file and keep to himself; and the
clerk shall set upon the posts of the church door, and the provost marshall
upon the usual public places, or places of notice, a short brief, that such
lost goods are found; whereby, any person that hath lost his goods may
the better come to the knowledge where they are ; and the owner going to
the marshall or clerk, and proving, by marks or otherwise, that the goods
lost belong to him, and paying twelve pence for the entry and declaration
of the same, if the marshall or clerk be convinced that any part of the
goods certified by him to be found, appertains to the party inquiring, he is
to direct the said party inquiring to the place and party where the goods
be, who is hereby required to make restitution of what is in being to the
true owner; and every master, mistress or overseer, as also the provost mar-
shall or clerk, neglecting his duty in any the particulars aforesaid, for every
neglect shall forfeit twenty shillings.
IV. And for the more effectual detecting and punishing such persons
that trade with any slave for stolen goods. Be it further enacted hy the
authority aforesaid. That where any person shall be suspected to trade as
aforesaid, any justice of the peace shall have power to take from him sus-
pected, sufficient recognizance, not to trade with any slave contrary to the
laws of this Province ; and if it shall afterwards appear to any of the
justices of the peace, that such person hath, or hath had, or shipped oft', any
goods, suspected to be unlawfully come by, it shall be lawful for such jus-
tice of the peace to oblige the person to appear at the next general sessions,
who shall there be obliged to make reasonable proof, of whom he bought,
or how he came by, the said goods, and unless he do it, his recognizance
shall be forfeited.
V. And he it further enacted, by the authority aforesaid, That no negro
or slave shall carry out of the limits of his master's plantation any sort
VOL. VII.— 45.
354 STATUTES AT LARGE
A . D. 1712, Acts relating to Slaves.
of gun or fire arms, without his master, or some other white person by his
order, is present with him, or without a certiticate fiom his master, mis-
tress or overseer, for tiie same ; and if any negro or slave shall be so ap-
prehended or taken, without the limits aforesaid, with any gun or fire
arms as aforesaid, such arms shall be forfeited to him or them that shall
apprehend or take the same ; unless the person who is the owner of the
arms so taken, shall in three months time redeem the arms so taken, by pay-
ing to the person that took the same, the sum of twenty shillings.
VI. And be it further enacted by the authority aforesaid, That every
master or head of any family, shall keep all his guns and other arms, when
out of use, in the most private and least frequented room in the house, upon
the penaKy of being convicted of neglect therein, to forfeit three pounds.
VII. And whereas, great numbers of slaves which do not dwell in
Charlestown, on Sundays and holidays resort thither, to drink, quarrel,
fight, curse and swear, and profane the Sabbath, and using and carrying
of clubs and other mischievous Aveapons, resorting in great companies to-
gether, which may give them an opportunity of executing any wicked
designs and purposes, to the damage and prejudice of the inhabitants of this
Province ; for the prevention whereof, IBc it enacted by the authority afore-
said. That all and every the constables of Charlestown, separately on
every Sunday, and the holidays at Christmas, Easter and Whitsonside,
together with so many men as each constable shall think necessary to
accompany him, which he is hereby empowered for that end to press, under
the penalty of twenty shillings to the person that shall disobey him, shall,
together with such persons, go through all or any the streets, and also,
round about Charlestown, and as mUch further on the neck as they shall
be informed or have reason' to suspect any meeting or concourse of any
such negroes or slaves to be at that time, and to enter into any house, at
Charlestown, or elsewhere, to search for such slaves, and as many of them as
they can apprehend, shall cause to be publicly whipped in Charlestown,
and then to be delivered to the marshal], who for every slave so whipped
and delivered to him by the constable, shall pay the constable five shilhngs,
which five shillings shall be repaid the said marshall by the owner or head
of that family to which the said negro or slave doth belong, together with
such other charges as shall become due to him for keeping runaway slaves ;
and the marshall shall in all respects keep and dispose of such slave as if
the same was delivered to him as a runaway, under the same penalties and
forfeiture as hereafter in that case is provided ; and every constable of
Charlestown which shall neglect or refuse to make search as aforesaid, for
every such neglect shall forfeit the sum of twenty shillings.
VIII. And he it further enacted by the authority aforesaid. That
no owner or head of any family shall give a ticket to any slave to go to
Charlestown, or from plantation to plantation, on Sunday, excepting it be
for and about such particular business as cannot reasonably be delayed to
another time, under the forfeiture of ten shillings ; and in every ticket in
that case given, shall be mentioned the particular business that slave is
sent about, or that slave shall be dealt with as if he had no ticket.
IX. And he it further enacted, by the authority aforesaid, That upon com-
plaint made to any justice of the peace, of any heinous or grievous crime,
committed by any slave or slaves, asmyrdcr, burglary, robbery, burning of
houses, or any lesser crimes, as killing or stealing any neat or other cattle,
maiming one the other, stealing of fowls, provisions, or such like trespasses
or injuries, the said justice shall issue out his warrant for apprehending the
OF SOUTH CAROLINA. 355
Acts relati?ig to Slaves. A. D, 1712.
offender or offenders, and for all persons to come before him that can give
evidence ; and if upon examination, it probably appeareth, that the apprehend-
ed person is guilty, he shall commit him or them to prison, or immediately
proceed to tryai of the said slave or slaves, according to the form hereafter
specified, or take security for his or their forthcoming, as the case shall
require, and also to certify to the justice next to him, the said cause, and
to require him, by virtue of this Act, to associate himself to him, which
said justice is hereby required to do, and they so associated, are to issue
their summons to three sufficient freeholders, acquainting them with the
matter, and appointing them a day, hour and place, when and where the
same shall be heard and determined, at which day, hour and place, the said
justices and freeholders shall cause the offenders and evidences to come be-
fore them, and if they, on hearing the matter, the said freeholders being by
the said justices first sworn to judge uprightly and according to evi-
dence, and diligently weighing and examining all evidences, proofs and
testimonies, (and in case of murder only, if on violent presumption and
circumstances,) they shall find such negro or other slave or slaves guilty
thereof, they shall give sentence of death, if the crime by law deserve the
same, and forthwith by their warrant cause immediate execution to be
done, by the common or any other executioner, in such manner as they
shall think fit, the kind of death to be inflicted to be left to their judgment
and discretion, ; and if the crime committed shall not deserve death, they
shall then condemn and adjudge the criminal or criminals to any other
punishment, but not extending to hmb or disabhng him, without a particu-
lar law directing such punishment, and shall forthwith order execution to
be done accordingly.
X. And in regard great mischiefs daily happen by petty larcenies com-
mitted by negroes and slaves of this Province, Be it further enacted
by the authority aforesaid. That if any negro or other slave shall hereaf-
ter steal or destroy any goods, chattels, or provisions whatsoever, of any
other person than his master or mistress, being under the value of twelve
pence, every negro or other slave so offending, and being brought before
some justice of the peace of this Province, upon complaint of the party
injured, and shall be adjudged guilty by confession, proof, or probable cir-
cumstances, such negro or slave so offending, excepting children, whose
punishment is left wholly to the discretion of the said justice, shall be ad-
judged by such justice to be publicly and severely whipped, not exceeding
forty lashes; and if such negro or other slave punished as aforesaid, be
afterwards, by two justices of the peace, found guilty of the Hke crimes,
he or they, for such his or their second offence, shall either have one of
his ears cut off, or be branded in the forehead with a hot iron, that the
mark thereof may remain : and if after such punishment, such negro or
slave for his third offence, shall have his nose slit ; and if such negro or
other slave, after the third time as aforesaid, be accused of petty larceny,
or of any of the oftences before mentioned, such negro or other slave shall
be tried in such manner as those accused of murder, burglary, &c. are
before by this Act provided for to be tried , and in case they shall be found
guilty a fourth time, of any the offences before mentioned, then such negro
or other slave shall be adjudged to suffer death, or other punishment, as
the said justices shall think fitting; and any judgment given for the first
offence, shall be a sufficient conviction for the first offence ; and any after
judgment after the first judgment, shall be a sufficient conviction to bring
the offender within the penalty of the second offence, and so for inflicting
356 STATUTES AT LARGE
A. D. ]712. Acts relating to Slaves.
the rest of the punishments; and in case the said justices and freeholders,
and any or either of them, shall neglect or refuse to perform the duties by
this Act required of them, they shall severally, for such their defaults, forfeit
the sum of twenty-five pounds.
XI. And he it furtlier enacted by the authority aforesaid, That if any
person shall send his negro out of this Province, that hath killed another
negro or slave, such person shall pay unto the master or owner of such
negro, the full value of such negro so killed as aforesaid; and in case any
person shall send, or cause to be sent, his negro out of this Province, that
hath killed any white person, knowing the negro to be guilty of such crime,
he shall forfeit the sum of five hundred pounds, to the executors of the
person killed ; to be recovered by action of debt in the court of common
pleas in this Province, the action to be brought at any time within one
year after the fact committed.
XII. And it is fwrther enacted by the authority aforesaid , That if any
negroes or other slaves shall make mutiny or insurrection, or rise in rebel-
lion against the authority and government of this Province, or shall make
preparation of arms, powder, bullets or oftensive weapons, in order to carry
on such mutiny or insurrection, or shall hold any counsel or conspiracy for
raising such mutiny, insurrection or rebellion, the offenders shall be tried
by two justices of the peace and three freeholders, associated together as
before expressed in case of murder, burglary, (fcc, who are hereby em-
powered and required to try the said slaves so ofiending, and inflict death,
or any other punishment, upon the offenders, and forthwith by their war-
rant cause execution to be done, by the common or any other executioner,
in such manner as they shall think fitting ; and if any person shall make
away or conceal any negro or negroes, or other slave or slaves, suspected
to be guilty of the beforementioned crimes, and not upon demand bring
forth the suspected offender or offenders, such person shall forfeit for every
negro or slave so concealed or made away, the sum of fifty pounds ; pro-
vided, nevertheless, that when and as often as any of the beforementioned
crimes shall be committed by more than one negro, that shall deserve death,
that then and in all such cases, if the Governor and council of this
Province thall think fitting, and accordingly shall order, that only one or
more of the said crinunals should suffer death as exemplary, and the rest
to be returned to the owners, that then, the owners of the negroes so
ofiending, shall bear proportionably the loss of the said negro or negroes so
put to death, as shall be allotted them by the said justices and freeholders;
and if any person shall refuse his part so allotted him, that then, and in all
such cases, the said justices and freeholders are hereby required to issue
out their warrant of distress upon the goods and chattels of the person so
refusing, and shall cause the same to be sold by public outcry, to satisfy
the said money so allotted him to pay, and to return the overplus, if any be,
to the owner ; Provided, nevertheless , that the part allotted for any person
to pay for his part or proportion of the negro or negroes so put to death,
shall not exceed one sixth part of his negro or negroes so excused and
pardoned ; and in case that shall not be sufficient to satisfy for the negro
or negroes that shall be put to death, that the remaining sum shall be paid
out of the public treasury of this Province.
XIII. And he it further enacted by the authority aforesaid. That the
confession of any slave accused, or the testimony of any other slave, that
the justices and freeholders shall have reason to believe to speak truth,
shall be held for good and convincing evidence in all petty larcenies or
OF SOUTH CAROLINA. 357
Acts relating to Slaves. A. D. 1712.
trespasses, not exceeding forty shillings ; but no negro or other slave shall
sutler loss of life or limb, but such as shall be convicted, either by their own
free and voluntary confession, or by the oath of christian evidence, or, at
least, by the plain and positive evidence of two negroes or slaves, so cir-
cumstantiated as that there shall not be sufficient reason to doubt the truth
thereof, and examination being always made, if the negroes or slaves that
give evidence, do not bear any malice to the other slave accused ; excepting
in the case of murder, in which case, the evidence of one slave, attended
with such circumstances as that the justices and freeholders shall have no
just reason to suspect the truth thereof, of which they are hereby made
judges, or upon violent presumption of the accused person's guiit, the said
justices and freeholders may declare the accused person guilty, and may
give sentence of death upon him accordingly, and award execution, as be-
fore directed by this Act.
XIV. Whereas, divers evil and ill-disposed persons have hitherto at-
tempted to steal away negroes or other slaves, by specious pretence of
promising them freedom in another country, against which pernicious
practice no punishment suitable hath been yet provided ; Be it therefore
enacted by the authority aforesaid, That if any white person, either free-
man or servant, at any time after the ratification of this Act, shall, directly
or indirectly, tempt or persuade any negro or negroes, or other slave or
slaves, to leave his or their master's or mistress's service, to whom they are
slaves, out of an intent or design to carry away him or them off from this
Province, such person shall forfeit and pay unto such master or mistress
so grieved, the sum of twenty. five pounds; or in case there be more than
two negroes or slaves so tempted and enticed, the person that shall be
guilty of the same shall forfeit and pay the sum of ten pounds for each
negro or slave so by him tempted and persuaded as aforesaid ; the said
forfeitures to be sued for and recovered by action of debt, by the person
grieved, that will sue for the same in the court of common pleas in this
Province, at any time within six months after the offence committed ; and
in case the person shall not have sufficient to satisfy such judgment, but
shall lie in prison, upon execution for the same, the space of three months,
that then it shall be lawful for the chief justice to adjudge such person a
servant to the person injured and obtaining the judgment, for any time
not exceeding five years, and accordingly shall deliver him over to him,
and make a record thereof; but if any person shall so tempt and practice
with any person's negroe or negroes or other slave or slaves, and him or
them actually so attempted convey away or send off from this Province,
or be taken in the very act of taking or carrying him or them away, in
order to carry him or them ofl!" from this Province, and shall at the court
of general sessions, assize or gaol delivery, be legally convicted of the
same, such offence is hereby declared felony, without benefit of clergy,
and the offender shall suffer death as a felon accordingly.
XV. And be it further enacted by the authority aforesaid. That in
case any negro or slave shall run from his master or mistress, with intent
to go off from this Province, in order to deprive his master or mistress of
his service, such negro or slave, being declared guilty of the same by two
justices and three freeholders, as aforesaid, shall suffer the pains of death ;
and in case any negro or slave shall be guilty of enticing or persuading
any other negro or slave to run from their master's or mistress's service, in
order to go off from this Province, and being convicted of the same, before
358 STATUTES AT LARGE
^- ^^- ^^*~- Acfs relating to Slaves.
two justices and three freeholders, he shall be severely whipped, not ex-
ceeding forty lashes, and shall also be branded in the forehead with a hot
iron, that the mark thereof may remain. But if any negro or other slave
shall so tempt and practice with any negro or negroes, or other slave or
slaves, and him or them so tempted, actually convey away, or send off
from this Province, or be taken in the very act of taking or carrying
him or them away, in order to carry him or them off and from this Pro-
vince, such negro or slave, so tempting and persuading the other negro or
slave, as aforesaid, being found guilty of the fact, by two justices and three
freeholders, as before directed in this Act, shall sutler the pains of death ;
and the negro or negroes, or other slave or slaves, so consenting to the
persuasion and inticement of the other negro, and shall so go otf from this
Province, or be taken in the very act of running from his or their master
or mistress, in order to go oft' from this Province, and being adjudged guil-
ty of the same, by two justices and three freeholders, as aforesaid, they, the
said two justices and three freeholders, shall give sentence of death, or
other punishment, as they shall think fitting, against the criminal or crimi-
nals, and by their warrant cause execution to be done accordingly.
XVI. Now, forasmucli as the loss of the negroes and other slaves that
shall sufter death, or be killed, by this Act, would prove too heavy for the
owners of them to bear, and that the owners of negroes and slaves may
not be discouraged to detect and discover the offences of their negroes and
slaves, and that the loss may be borne by the public, whose safety, by such
punishments, is hereby provided for and intended, Be it therefore enacted
by the authority aforesaid. That in all cases whatsoever, where any negro
or other slave, by the appointment and provision of this Act, shall sufter
death, then all such justices and freeholders who adjudged such negro or
other slave to suffer death, immediately after return thereof given, shall
inquire, by the best means they are able, of the full and true value of such
negro or slave, and make certificate thereof to the public receiver for the
time being, therein requiring him to payout of the public treasairy the full
value of the said negro or slave, to the owner thereof, who is hereby re-
quired to pay the same accordingly. And in case any negro or slave shall
be killed, pursuant to any powers given by this Act, the owner thereof, ma-
king his complaint to the Governor of this Province, or to any one of the
lords proprietors's deputies, or to any two justices of the peace, it shall be
lawful for them, or any of them, to issue out their warrant to any three in-
different freeholders or merchants, to make inquiry of the true value of the
said negro or slave so killed, and to make return thereof, upon their oaths.
And a certificate thereof being made by the Governor, or the said lords's
deputies, or the said two justices of the peace, to the public receiver, and
therein requiring him to pay out of the public treasury the full value of the
said negro or slave, to the owner thereof, he, the said public receiver, is
hereby required and commanded to pay the same accordingly. And if the
treasurer for the time being, (having sufficient in his hands,) shall fail to
make satisfaction and payment to such master or ow ner of any negro or
other slave, he having a certificate and order for the same, as aforesaid,
the party injured shall have an action of debt upon such certificate as afore-
said, against the public receiver, in any court of conunon pleas in this
Province.
XVII. And, he it further enacted by the authority aforesaid, That if
any negro or slave whatsoever, shall offer any violence to any christian or
white person, by striking, or the like, such negro or other slave, for his or
OF SOUTH CAROLINA.
Acts relating to Slaves.
her first offence, by information given, upon oath, to the next justice, shall
be severely whipped, or caused to be whipped, by the constable, who is
hereby required to do the same, under the penalty of forty shillings by oi-
dcr of any justice of the peace ; for the second oflfence ot that na ure, by
order of the justice of the peace, he shall be severely whipped and his nose
sUt, or be burned in some part of his face with a hot iron that he mark
thereof may remain; and for the third oflence, be left to two justices and
three freeholders, to inflict death, or any other punishment, according to
their discretion ; and any judgment given after the hrst judgment, s liall be
sufficient conviction to bring the offenders within he penalty foi the se-
cond offence, and after the second, within the penalty oi the third oflence.
And in case any negro or slave shall so assault and beat any white person,
by which the said white person is maimed and disabled, in such case, the
slave shaU be punished as in the third offence, for ofi-ering violence to any
white person, by striking, or the Uke, is appointed ; Provuled always tha
such striking, conflict or maiming, be not by command ol, or m the lawtul
defence of, their master, mistress, or owner of their famihes, or of their
^^'XVIII. And he it further enacted hy the authority aforesaid, That any
two justices of the peace, who, together with three freeholders, pursuant to
the powers given them by this Act, shall try any negro or slave, shall tair-
Iv write, or cause to be'written, the proceedings and judgment, eitheT ot
acquittal or condemnation, and the execution, and aU other matters relaing
to the same, and return the same, under their hands and seals, to the clerk
of the crown or assize , there to remain as a record of such their proceedings ;
and any single justice of the peace, who, pursuant to the powers given him
by this Act; shall hear and determine any complaint, and give Judgment
against any negro, in any case where a greater punishment is by this Act
inflicted for the next offence, that in any such case, he, the said justic^e,
shall make a record of such his proceedings, and return the same to the
clerk of the crown or assize, there to be kept as a record as aforesaid upon
the penalty of the forfeiture of forty shilhngs for every neglect of the jus-
ticeof the peace, to be disposed of and recovered as hereafter is directed.
XIX A7id be it further enacted hyihe authority aforesaid, 1 hat every
slave of above sixteen years of age, that shall run away from his master
mistress or overseer, and shall so continue for the space of twenty days at
one time, shall, by his master, mistress, overseer or head of the tamily s
procurement, for the first offence, be publicly and severely whipped not
exceedintr forty lashes; and in case the master, mistress, overseer, or head
of the family, shall neglect to inffict such punishment of whipping, upon any
ne-ro or slave that shall so run away, for the space of ten days, upon com-
pkint made thereof, within one month, by any person whatsoever, to any
usticeof the peace, the said justice of the peace shall, by his warran di-
rected to the constable, order the said negro or slave to be publicly and se-
verely whipped, the charges of such whipping, not exceeding twenty shil-
lino-s, to be borne by the person neglecting to have such runaway negro
whipped, as before directed by this Act. And in case such negro or slave
shall run away a second time, and shall so continue for the space of twen-
ty days, he or she, so offending, shah be branded with the letter R on he
right' cheek. And in case the master, mistress, overseer or head of the
family, shall neglect to inflict the punishment upon such slave running
away the second time, the person so neglecting shall forfeit the sum of
ten pounds, and upon any complaint made by any person, within one month,
360 STATUTES AT LARGE
A. D. 1 712. j^f^fg relating to Slaves.
to any justice of the peace, of the neglect of so punishing any slave for
running away the second time, such justice shall order the constable to in-
flict the same punishment upon such slave, or cause the same to be done,
the charges thereof, not exceeding thirty shiUings, to be borne by the per-
son neglecting to have the punishment inflicted. And in case such negro
or slave shall run away the third time, and shall so continue for the space
of thirty days, he or she, so oflending, for the third otfence, shall be severely
whipped, not exceeding forty lashes, and shall have one of his ears cut off;
and in case the master, mistress, overseer or head of the family, shall ne-
glect to inflict the punishment upon such slave running away the third
time, the person so neglecting shall forfeit the sum of twenty pounds, and
upon any complaint made by any person, within two months, to any justice
of the peace, of the neglect of the so punishing any slave for running away
the third time, the said justice shall order the constable to inflict the same
punishment upon such slave, or cause the same to be done, the charges
thereof, not exceeding forty shillings, to be borne by the person neglecting
to have the punishment inflicted. And in case such male negro or slave
shall run away the fourth time, and shall so continue for the space of thir-
ty days, he, so offending, for the fourth offence, by order or procurement
of the master, mistress, overseer or head of the family, shall be gelt; and
in case the negro or slave that shall be gelt, shafl die, by reason of his
gelding, and without any neglect of the person that shall order the same,
the owner of the negro or slave so dying, shall be paid for him, out of the
public treasury. And if a female slave shall run away the fourth time,
then she shall, b}' order of her master, mistress or overseer, be severely
whipped, and be branded on the left cheek with the letter R, and her left
ear cut off'. And if the owner, if in this Province, or in case of his absence,
if his agent, factor or attorney, that hath the charge of the negro or slave,
by this Act required to be gelt, whipped, branded and the ear cut off, for
the fourth time of running away, shall neglect to have the same done and
executed, accordingly as the same is ordered by this Act, for the space of
twenty days after such slave is in his or their custody, that then such own-
er shall loose his property to the said slave, to him or them that will sue
for the same, by information, at any time within six months, in the court of
common pleas in this Province. And every person who shall so recover a
slave by information, for the reasons aforesaid, shall, within twenty days
after such recovery, inflict such punishment upon such slave as his former
owner or head of a family ought to have done, and for neglect of which
he lost his property to the said slave, or for neglect thereof shall forfeit
fifty pounds ; and in case any negro slave so recovered by information,
and gelt, shall die, in such case, the slave so dying shall not be paid for
out of the public treasury. And in case any negro or slave shall run away
the fifth time, and shall so continue by the space of thirty days at one
time, such slave shall be tried before two justices of the peace and three
freeholders, as before directed by this Act in case of murder, and being by
them declared guilty of the oftence, it sliall be lawful for them to order the
cord of one of the slave's legs to be cut off" above the heel, or else to pro-
nounce sentence of death upon the slave, at the discretion of the said jus-
tices; and any judgment given after the first offence, shall be sufficient
conviction to bring the offenders within the penalty for the second offence ;
and after the second, within the penalty of the third; and so for the inflict-
ing the rest of the punishments.
XX. And be it further enacted by the authority aforesaid, That all such
OF SOUTH CAROLINA. 361
Acts relating to Slaves. A. D. 1712.
persons as shall apprehend and take up any runaway slave, and shall bring
the runaway to his and their proper owner, if they know them, shall re-
ceive ten shillings for such slave, and one ryal per mile for the first eight
miles, and six pence per mile for every mile more, provided it exceed not
forty shilling in the whole, for mileage ; but if they know not the owner
or master of such runaway, then they shall bring them to the marshal or
goaler, upon pain and forfeiture, for every day he or they shall keep such
slave or slaves above ten days besides the days reasonable to be allowed for
the journey, according to the distance of the place, he or they shall forfeit,
for every slave so kept, for each day, twenty shilhngs. And any person
delivering a runaway or fugitive slave to the marshal, shall, by oath, made
before some justice of the peace, give an account of his name and place of
abode, with the time when, and place where, he apprehended such fugitive
slave or slaves, and that he knew of no ticket the slave had, nor the owner
of such negro or slave, to the intent that ail owners of slaves may come
to the right knowledge when their slaves were apprehended, and by whom,
and whether they might be wrongfully taken up or not ; that upon such
oath being made, and the delivery of the slave or slaves, the provost mar-
shal shall enter such oath fairly in a book for that purpose, and shall also
fix the same upon some public place of the goal, upon the penalty of five
pounds ; and the marshal shall sign a receipt for such slave or slaves, and
shall also pay, or cause to be paid, to the person or persons that brings such
slave or slaves, the sum often shillings for each slave, and also the mileage,
as before directed by this Act in case the slave was brought to his owner ;
and in case the marshal shall refuse to pay the same, upon complaint made
to any justice of the peace, the said justice, upon hearing the said complaint,
is hereby authorized and required to direct his warrant to any constable,
to cause the sum due, as aforesaid, to be immediately levied upon the
goods and chattels of the marshal or goaler, and the goods to be publicly
sold by outcry, and satisfaction to be made to the party grieved, returning
the overplus, if any, after reasonable fees and charges deducted, to the
marshal or goaler.
XXI. And be it further enacted by the authority aforesaid. That it shall
and may be lawful for the marshal or goaler to detain and keep in custody
the bodies of all such runaway slaves, until the owner of them, or their
assigns, shall pay unto him the full sum of what he so paid for them,
with one shilling in the pound for laying out the money, and so proportion-
ably for a greater or lesser sum, and also one ryal for every twenty four
hours the said slave hath been in his custody ; and if the marshal or goaler
shall willingly or negligently suffer any slave to escape, or by any ways or
means to be let out of his custody, before he be duly delivered to the owner
or his assigns, and a receipt of the person to whom delivered, wherein
shall be inserted the mark or description of the slave delivered, then the
said marshal or goaler shall forfeit to the owner, ten pounds, and the full
value of the slave or slaves so escaping, or being out of the marshal's cus-
tody, as aforesaid, the same being first appraised by any three freeholders,
who shall be required to appraise the same by warrant or ordei of the Go-
vernor, or any two justices of the peace ; the same to be recovered by ac-
tion of debt, in the court of common pleas in this Province, brought within
six months after such escape. But upon recovery obtained by any person,
against the marshal, for any slave or slaves so escaped, and the judgment
satisfied and paid, the owner of such slave shall be obliged to assign unto
VOL. VII— 46.
362 STATUTES AT LARGE
A. D. 1712. ^cts relating to Slaves.
the marshal, all his right, title and interest to the slave or slaves so escaped,
and paid for by the marshal, as aforesaid.
XXII. And be it further enacted by the authority aforesaid, That no per-
son whatsoever, except the marshal or goaler, shall keep any runaway
slave above the aforesaid time of ten daj'^s ; nor shall the marshal or goaler
employ, or sutFer to be employed, any slave or slaves in his custody, nor
sutler him or them to want suthcient food and water, on the penalty of five
pounds for every such offence ; and if any marshal or goaler shall saft'er any
slave in his custody to die for want of food or water, or dry and convenient
lodging, the marshal, goaler, or any other person in whose custody the
slave was, shall pay the master or owner the full value such slave shall be
appraised at by any three freeholders, who shall be required to appraise the
same, by warrant or order from the Governor, or any two justices of the
peace ; the said value, according to such appraisement, to be recovered by
action of debt, in the court of common pleas in this Province, brought at
any time within six months after the death of the negro or slave.
XXIII. And be it further enacted by the authority aforesaid , That the
marshal or goaler shall give an account, in writing, at every general ses-
sions that shall be held within this Province, of what slaves lie hath in pri-
son, with their marks and names and sex, and the time they have been in
his custody, and, as near as he can learn, how long each slave hath been
from his respective owner, on the penalty of thirty pounds for every ne-
glect.
XXIV. And be it further enacted by the authority aforesaid. That every
captain or commander of a company within this Province, shall be, and is
hereby, impowered, on notice to him given of the haunt, residence or hi-
ding place of any runaway slaves, to raise a convenient party of men, not
exceeding twenty, with special order from the general, or lieutenant gene-
ral, and Avith them to pursue, apprehend and take the said runaway slaves,
either alive or dead ; any captain or commander who shall neglect his or
their duty therein, shall forfeit the sum of thirty pounds ; and for every
negro or other slave that they shall take, having been run away above six
months from his master, they shall receive forty shillings; and for every
negro or other slave that they shall take alive, having been run away above
twelve months, four pounds, from the masters or owners of the said negro
or other slave ; and if killed, they shall receive forty shillings from the
public.
XXV. And be it further enacted by the authority aforesaid. That in case
any person or persons whatsoever, shall happen to be maimed, wounded or
disabled, either in pursuit, attacking or taking any runaway negro or slave,
that then it shall and may be lawful, after the said person's making it ap-
pear, by his own oath, or otherwise, to two justices of the peace and three
freeholders, for them to adjudge and determine what shall be allowed to the
person or persons so disabled, and by virtue of a warrant, under their
hands and seals, directed to the public receiver, such sum or sums of mo-
ney as they shall direct for the said person or persons relief, and the pubhc
receiver is hereby required to pay the same accordingly.
XXVI. And he it further enacted by the authority aforesaid, That every
Indian or slave which shall take up any runaway slave, as aforesaid, and
the same shall deliver to the owner or master of the slave, if known, or if
not known, then to the marshal, he shall have twenty shillings given him by
the owner or master of the said slave, or by the marshal.
XXVII. And he it further enacted by the authority aforesaid, That in
OF SOUTH CAROLINA. ^ 363
Actii relating to Slaves. ^- ^- '^12.
case any negro or other slave shall harbour, conceal, entertain and give
victuals to any runaway slave, knowing him or her to be such, that
upon complaint made thereof to any justice of the peace, such negro or
slave, by order of the justice, shall be severely whipped, not exceeding
forty lashes.
XXVIII. And whereas^ several owners of slaves used to suffer their
said slaves to do what and go whither they will, and work where they
please, upon condition that their said slaves do bring their aforesaid masters
so much money as between the said master and slave is agreed upon, for
every day the said slave shall be so permitted to imploy himself, which
practice hath been observed to occasion such slaves to spend their time
aforesaid, in looking for opportunities to steal, in order to raise money to
pay their masters, as well as to maintain themselves, and other slaves, their
companions, in drunkenness and other evil courses ; for the prevention
whereof, 5e it enacted by the authority aforesaid, That no owner or mas-
ter or mistress of any family, after the ratification of this Act, shall suf-
fer or permit any slave to do what, go whither, or work where, they please,
upon condition aforesaid, under the penalty of the forfeiture of five shil-
lings for every day he, she or they shall suffer any slave to do as aforesaid ;
Provided nevertheless , that nothing in this Act shall be construed or inten-
ded to hinder any person from letting their negroes or slaves to hire, by
the year, or for any lesser time, or by the day, so as such negro or slave is
under the care and direction of his master, or some other person by his
order intrusted with the slave, and that the master is to receive the whole
of what the slave shall earn.
XXIX. And he it further enacted by the authority aforesaid, That no
person whatsoever, after the ratification of this Act, shall settle or manage
any plantation, cow-pen or stock, that shall be six miles distant from his
usual place of abode, and wherein six negroes or slaves shall be imployed,
without one or more white persons living and residing upon the same plan-
tation, upon the penalty or forfeiture of forty shillings for each month so
offending.
XXX. And he it further enacted by the authority aforesaid. That if any
negro or other slave, under punishment by his master, or his order, for
running away, or any other crimes or misdemeanors towards his said mas-
ter, unfortunately shall suffer in life or member, which seldom happens, no
person whatsoever shall be liable to any penalty therefor. But if any
person shall, of wantonness, or only of bloody-mindedness, or cruel inten-
tion, violently kill a negro or other slave of his own, he shall pay into the
public treasury fifty pounds, current money ; but if he shall so kill the
slave of another man, he shall pay to the owner of the negro or slave, the
full value, and into the public treasury, twenty -five pounds, but not be lia-
ble to any other punishment or forfeiture for the same. But if the person
so offending be a servant, he or she shall receive, on his or her bare back,
nine and thirty lashes, by order of any two justices of the peace before
whom the matter shall be proved, and shall also suffer three months impri-
sonment, without bail or mainprize ; which said time of three months that
he is imprisoned, he shall serve with his master or mistress, after the expi-
ration of his time, and shall be further liable to serve the owner or owners
of such slave so killed, the full term of four years, by order of the said
justices of the peace. But if any person shall kill any other person's negro
or slave by accident, he shall not be liable to any other penalty but the
owner "'s action at law ; but if any person shall find any negro or other
364 STATUTES AT LARGE
A. D. 1712. Jlcts relating to Slaves.
slave stealing, the said slave making resistance and refusing to submit
himself, it shall and may be lawful for such person to kill the said negro or
slave, and he shall not be liable to any damage or action for the same ; any
law, custom or usage to the contrary notwithstanding.
XXXI. And be itfurtli.er enacted by the authority aforesaid, That all the
fines and forfeitures mentioned in this Act, not exceeding the sum of forty
shillings, and not before particularly disposed of, nor the manner of the re-
covery directed by this Act, nor the time for the commencing the suit for
the same, shall be recovered, prosecuted, adjudged, levied and destrained,
by warrant from any one justice of the peace in this Province, as in the
Act for the trial of small and mean causes is directed ; and the same being
so recovered, the one half shall be paid to the church-wardens or the over-
seers of the poor, for the use of the poor of the parish where the person
inhabits against whom the forfeiture is recovered, and the other half to him
that will prosecute for the same, at any time within one month. And all
the fines and forfeitures mentioned in this Act, exceeding the sum of forty
shillings, and not before particularly disposed of, nor the manner of the
recovery directed by this Act, nor the time for the commencing the suit for
the same, one half thereof shall be and belong to his Excellency the Palla-
tine, and the rest of the true and absolute lords and proprietors of this Pro-
vince, to and for the maintenance and support of the government of this
Province, and the contingent charges thereof, the same to be paid to the
public receiver of this Province, for the time being, to be disposed of by
ordinance of the General Assembly of this Province, and the other half to
him or them that will sue for the same, at any time within six months after
the offence committed, by action of debt, suit, bill, plaint or information,
in any court of record in this Province, wherein no essoign, protection, pri-
vilege, injunction, wager of law, or stay of prosecution, by non vult uUe-
rius prosequi, or otherwise, shall be admitted or allowed.
XXXII. And be it further enacted hy the authority aforesaid. That if any
action, plaint, suit or information shall be commenced or prosecuted against
any person or persons, for what he or they shall do in performance or exe-
cution of this Act, such person or persons so sued may plead the general
issue, not guilty, and upon issue joined, give this Act and the special mat-
ter in evidence; and if the plaintiff or prosecutor shall become non-suit, or
suffer discontinuance, or if a verdict pass against him, the defendant or
defendants shall recover his or their treble costs, for which he or they shall
have the like remedy as in any case where costs by law are given to the
defendant.
XXXIII. To the intent this Act and every clause and branch thereof,
may receive full execution, and no person plead ignorance therein, i/e ^Z
enacted by the authority aforesaid. That this Act be read and pubhshed by
the clerk of the common pleas, at the next court of common pleas after
the ratification of this Act, as also by the clerk of the crown, or clerk of
assize, at the next general sessions, and also at the head of every company,
by order of each respective captain or commander of his company, at his
first muster after the ratification of this Act, on penalty of five pounds for
each default, to be recovered and disposed of as aforesaid.
XXXIV. Since charity, and the christian religion, wliich we profess,
obliges us to wish well to the souls of all men, and tliat religion may not
be made a pretence to alter any man's property and right, and that no
person may neglect to baptize their negroes or slaves, or suffer them to be
baptized, for fear that thereby they should be manumitted and set free, Be
OF SOUTH CAROLINA. 365
Acts relating to Slaves. A ^.171 4.
it therefore enactedhj the authority aforesaid, that it shall be, and is hereby
declared, lawful for any negro or Indian slave, or any other slave or slaves
whatsoever, to receive and profess the christian faith, and be thereinto bap-
tized ; but that notwithstanding such slave or slaves shall receive and pro-
fess the christian religion, and be baptized, he or they shall not thereby be
manumitted or set free,' or his or their owner, master or mistress lose his
or their civil right, property and authority over such slave or slaves, but
that the slave or slaves, with respect to his servitude, shall remain and con-
tinue in the same state and condition that he or they was in before the ma-
king of this Act.
XXXV. And be it further enacted by the authority aforesaid. That one
Act of Assembly of this Province, entitled "An Act for the better ordering
of slaves," ratified in open Assembly, the twenty-eighth day of August,
1701, and every clause, article, sentence, word, matter or thing contained
in the same Act, be from henceforth repealed, annulled, revoked, and for-
ever made void , to all intents and purposes whatsoever.
Read three times, and Ratified in open Assembly,
the seventh day of June, Anno Domini 1712.
THOS. BROUGHTON.
RICH D. BERESFORD.
SAM. EVELEIGH.
CHARLES CRAVEN.
CHARLES HART.
ARTHUR MIDDLETON.
AN ADDITIONAL ACT TO AN AcT ENTITLED " An AcT FOR THE BET- No 344.
TER Ordering and Governing Negroes and all other Slaves."
WHEREAS, by An Act duly ratified in open Assembly the seventh
day of June, 1712, entitled " An Act for the better ordering and govern-
ing of negroes and all other slaves," amongst other things, it is enacted
and provided, that in capital crimes or other great misdemeanors or offen-
ces, the slave or slaves accused shall be tried by two justices of the peace
and three freeholders, but there is no provision made that a quorum of them
shall execute the powers granted to them therein, whereby justice hath
been obstructed and delayed ; for the prevention of which for the future,
L Beit enacted, by his Excellency, the Palatine, and the rest of the
true and absolute Lords and Proprietors of this Province, by and with the
advice and consent of the rest of the members of the General Assembly,
now met at Charlestown, for the South-west part of this Province, and by the
authority of the same. That two of the said justices and one of the said
freeholders, or one of the said justices and two of the said freeholders,
(who shall all live near adjacent to the habitation of the owner of every
such slave,) agreeing as to the guilt of the person or persons, and the sen-
tence to be passed upon him or them, or as to his or their acquittal, shall
be as effectual or good in law as if they had all unanimously agreed ; and
they so agreeing, are hereby appointed a quorum, and are hereby autho-
rized and empowered to execute all the powers granted in the aforesaid
366 STATUTES AT LARGE
A. D. 1714. Acts relating to Slaves.
Act to the said two justices and three freeholders, as fully and amply, to
all intents and purposes, as if they had all agreed in the judgment; any
thing in the aforesaid Act to the contrary thereof in any wise notwithstand-
ing.
II. And be it Jurthcr enacted hy the authority aforesaid, That one justice
of the peace and two freeholders shall have power to associate themselves,
to try and pass sentence upon any slave or slaves guilty of any misdemean-
or which amounts not to a capital crime ; any thing in this, or any other Act,
to the contrary in any wise notwithstanding.
III. And be it further enacted by the authority aforesaid, That when any
slave or slaves shall be taken and brought to the maishall, he giving notice
in writing, by sending up the names, ages and sexes, to the several parish
churches, and the most notorious marks belonging to such slave or slaves
then in his custody, that then, and in such cases, if such slave or slaves
die in prison by negligence of the owners thereof, that the marshall shall
and may have his action at common law, against the owner or owners of
such slave or slaves, for the keeping and maintaining of them, and recover-
ing of his just debts.
IV. And whereas, the public treasury hath been very much exhausted
by the extraordinary sums that have been allowed for criminal slaves of all
sorts, without distinction ; for the prevention of Avhich for the future. Be it
further enacted by the authority aforesaid. That in all cases where any
slave or slaves is or shall be condemned to die, that the justices and free-
holders, or a quorum of them, that shall condemn such slave or slaves,
shall, in the valuing every such slave, not exceed fifty pounds, which sum
allowed for any such slave as aforesaid, shall be paid to the owner thereof,
his or her executors, administrators or assigns.
V. And whereas, it has been found by experience, that the executing of
several negroes for felonies of a smaller nature, by which they have been
condemned to die, have been of great charge and expense to the public, and
will continue (if some remedy be not found,) to be very chargeable and
burthensome to this Province ; Be it therefore enacted by the authority
aforesaid, That all negroes or oth^- slaves who shall be convicted and
found guilty of any capital crime, (murder excepted,) for which th.ey used
to receive sentence of death, as the law directs, shall be transported from
this Province, by the public receiver for the time being, to any other of his
Majesty's plantations, or other foreign part, where he shall think fitting to
send them for the use of the public ; and the said slave or slaves shall be
appraised as the law directs, by the justices and freeholders, or a quorum
of them, and the value of the said slave or slaves so appraised shall be
paid to the master or owner thereof, out of the public treasury, and the
public receiver for the time being is hereby empowered and required to
pay the same.
VI. And because in the Act aforesaid no sufficient punishment hath
been provided for any slave or slaves striking, beat ing or maiming their
masters, mistresses, overseers, or any other white person, to the embolden-
ing of them frequently to commit the aforesaid crimes ; therefore, that they
may forever be deterred from the same, Be it further enacted by the
authority aforesaid. That any slave or slaves that shall strike, beat or
maim their respective masters, mistresses or overseers, (being white per-
sons,) or any other white person, except it be in the immediate defence
of their masters, mistresses, overseers or any other white person, shall be
deemed a criminal, and his or their offences adjudged criminal, and shall be
OF SOUTH CAROLINA. 367
Acts relating to Slaves. A- O- 1''^^.
tried and proceeded against as other criminal slaves, and the punishment to
be inflicted by virtue of this clause to be left to the judges in such criminal
cases ; and for want of evidence sufficient to prove the aforesaid facts, the
oath of any white person so struck or maimed, shall be sufficient to convict
or condemn such slave or slaves, if the said white person's oath be deemed
credible and valid by the judges that shall try the same ; any thing in this,
or any other Act, to the contrary notwithstanding.
VII. And whereas, notwithstanding the laws in that case made and provi-
ded, persons are not sufficiently deterred from dealing with slaves, which
doth encourage them to steal from their masters, because there are such
evil persons as will buy such stolen goods of them ; for the effectual preven-
tion of which for the future, Be it further enacted by the authority afore-
said, That all persons that shall deal with any slave or slaves, for above the
value of five shillings, without a license or ticket from his master, mistress
or overseer, and contrary to the true intent and meaning of the laws in
that case provided, may either be prosecuted for the fines and forfeitures
given by law in that case, or may be prosecuted and indicted as accessary
to felony in receiving such goods, which are hereby adjudged to be stolen ;
Provided, such information given, in order to have the person charged as
accessary to felony, be made in three months after the offence committed
and discovered, and be prosecuted to effect at the next general sessions ; but
no person to be punished twice for the same offence, by recovering the
fines and forfeitures, and also by being prosecuted as accessary to felony ;
any thing in this Act, or in any other Axt or laAv, to the contrary hereof in
any wise notwithstanding.
VIII. And be it purther enacted hy iha authority aforesaid. That if any
negro or slave shall inform any justice of the peace of any stolen goods
sold to any white person by any negro or slave, and if upon search, by virtue
of a warrant from the said justice, the said goods shall be found and
proved to be so stolen, the said negro or slave so informing, shall receive
from the person offending, the sum of two pounds, over and above the pen-
alty by law appointed ; any thing in this or any other law to the contrary
notwithstanding.
IX. And whereas, the number of negroes do extremely increase in this
Province, and through the afflicting providence of God, the white persons
do not proportionably multiply, by reason whereof, the safety of the said
Province is greatly endangered ; for the prevention of which for the future.
Be it further enacted by the authority aforesaid. That all negro slaves
from twelve years old and upwards, imported into this part of this Province
from any part of Africa, shall pay such additional duties as is hereafter
named, that is to say : — that every merchant or other person whatsoever,
who shall, six months after the ratification of this Act, import any negro
slaves as aforesaid, shall, for every such slave, pay unto the pubHc receiver
for the time being, (within thirty days after such importation,) the sum of
two pounds current money of this Province.
X. A^id be it further enacted hj the authority aforesaid. That every
master and commander of any vessel, merchants, or others importing
negroes as aforesaid, are and shall be liable and subject to the several oaths,
entries, allowances, exemptions, drawbacks, restrictions, limitations, fines,
forfeitures and penalties, as by any other Act now in force in this Province
for importing the said negroes he was subject and liable to before the
making of this Act ; any thing herein, or in any other Act, to the contrary
notwithstanding.
368 STATUTES AT LARGE
A. D. 1714.
Acts relating to Slaves.
XL And be it further enacted hy the authority aforesaid, That no person
whatsoever, after the first day of March next, shall suffer or allow any of
his or their slaves to plant for themselves any corn, peas or rice, or to keep
for themselves any stock of hogs, cattle or horses, under the penalty of
twenty pounds current money of this Province, for every slave so suffered
or allowed to plant any corn, peas or rice, or to keep any of such stock, as
aforesaid ; the said penalty to be recovered by bill, plaint or information,
in any court of record in this Province, the one half to be paid to him or
them who will inform and sue for the same, and the other half to the pub.
lie receiver, for the use of the public.
Read three times, and Ratified in open Assembly,
this IS^/i day December, 1714.
CHARLES CRAVEN,
CHARLES HART,
RALPH IZARD,
HUGH BUTLER,
SAMUEL EVELEIGH,
ROBT. DANIELL.
No. 388. A FURTHER ADDITIONAL AcT TO AN ACT ENTITLED An AcT FOR THE
BETTER ORDERING AND GOVERNING OF NeGROES AND ALL OTHER
Slaves; and to an additional Act to an Act entitled An Act
FOR THE better ORDERING AND GOVERNING OF NeGROES AND ALL
OTHER Slaves.
WHEREAS, by an Act duly ratified in open Assembly the seventh day
of June, 1712, entitled " An Act for the better ordering and governing
of negroes and all other slaves," amongst other things, it is enacted, that in
all cases whatsoever, where any negro or other slave, by the appointment
and provision of the said Act, shall suffer death, then all such justices and
freeholders who adjudged such negro or other slave to suffer death, imme-
diately after sentence thereof given, shall enquire, by the best means they
are able, of the full and true value of such negro or slave, and make certi-
ficate thereof to the public receiver for the time being, therein requiring
him to pay, out of the public treasury, the full value of the said neo-ro or
slave, to the owner thereof, who is thereby required to pay the same accord-
ingly ; and incase any negro or slave shall be killed, pursuant to any
powers given them by this Act, the owner thereof making his complaint
to the Governor of this Province, or to any one of the lords proprietors 's
deputies, or to any two justices of the peace, it shall be lawful for them,
or any of them, to issue out their warrants to any three indifferent free-
holders or merchants, to make true enquiry of the true value of the said
negro or slave so killed, and to make return thereof upon oath, and a cer-
tificate thereof being made by the Governor, or the lords proprietors's de-
puties, or the said two justices of the peace, to the public receiver, and
thereby requiring him to pay out of the public treasury the full value of
the said negro or slave to the owner thereof, the said public receiver is
OF SOUTH CAROLINA. 369
Acts relating to Slaves. A. D, 1717.
thereby required to pay the same accordingly ; and wlicrects, by one other
Act of Assembly, entitled "An additional Act to an Act entitled An Act
for the better ordering and governing of negroes and all other slaves," rati-
tied in open Assembly the eighteenth day of December, one thousand
seven hundred and fourteen, amongst other things therein contained, it is
enacted, that in all cases where any slave or slaves is or shall be condemn,
ed to die, that the justices and freeholders, or a quorum of them, that shall
condemn such slave or slaves, shall, in the valuing every such slave or
slaves, not exceed fifty pounds, which sum allowed for any such slave as
aforesaid shall be paid to the owner thereof, his or her executors, admin-
istrators or assigns ; now tohereas, the public treasury hath been very much
exhausted by the extraordinary sums of money that have been paid for
criminal slaves of all sorts without distinction ; for remedy of which for
the future,
I. Be it enacted, by his Excellency, John, Lord Craven, Palatine, and
the rest of the true and absolute Lords and Proprietors of this Province
of Carolina, by and with the advice and consent of the rest of the members
of the General Assembly, now met at Charlestown, for the South-west part
of the said Province, and by the authority of the same, That in all cases
where any order or certificate shall be given by any justices of the peace
and freeholders, for the value of slaves condemned to die, (murder except-
ed, for which nothing shall be allowed,) or by the Governor of this Province,
or the lords proprietors 's deputies, or two justices of the peace, for the
value of slaves killed, according to the directions of the said Act, such
order or certificate shall be directed to the constable of the parish where
such negro or slave that was condemned or killed, did commit the fact, to
levy the full value of the said negro, as he shall be appraised by the said
justices and freeholders, on all and singular the inhabitants of such parish
where the fact was committed, possessing negroes or other slaves, by an
assessment which shall be equally laid on the owners or possessors of
negroes or slaves, by the said two justices and freeholders, or the major
part of them, to be rated at so much per head, and so for a greater or
lesser number ; and if any person whatsoever, that is an owner or possessor
of slaves, shall refuse to pay the sum assessed on him, to the constable
aforesaid, then it shall be lawful for such constable to distrain on the goods
or chattels of such person so refusing ; and after the constable has kept
such distress three days, he shall publicly sell the same to the highest bid-
der; and if any overplus remains, after all necessary charges deducted, he
shall return the same to the owner from whom such distress was taken ;
and the said sum so collected, levied and received by any constable, accord-
ing to the directions aforesaid, shall be paid to the owner of such slave so
executed or kdled, or to his executors, administrators or assigns ; any thing
in the before recited Acts, or in any other law, custom or usage, to the
contrary thereof in any wise notwithstanding.
n. And whereas, it is enacted by the above recited Act, entitled " An
additional Act to An Act for the better ordering and governing of negroes
and all other slaves, '^ thatall negroes or other slaves who shall be convicted
and found guilty of any capital crime, (murder excepted,) for which they
used to receive sentence of death as the law directs, shall be transported
from this Province, by the public receiver for the time being, to any other of
his Majestie's plantations, or other foreign parts, where he shall think fitting
to send them for the use of the public ; and the said slave or slave shall be
appraised as the law directs, by the justices and freeholders, or a quorum
VOL. VIL— 47.
370 STATUTES AT LARGE
A . D. 1717, Acts relating to Slaves.
of them, and the vakie of the said slave or slaves so appraised shall be
paid to the master or owner thereof, out of the public treasury; now
whereas, it has proved by experience, that this has encouraged negroes and
other slaves to commit great numbers of robberies, burglaries and other
felonies, well knowing they were to suffer no other punishment for their
crimes, but transportation, which to them vv^as rather an encouragement to
pursue their villanies ; Be it therefore enacted by the authority aforesaid,
That the said paragraph, and every thing therein contained, be hereby repeal-
ed, made null and utterly void forever ; any thing in the afore recited Act
contained to the contrary notwitstanding ; and the former method of pro-
ceeding against such criminal slaves, prescribed by the above recited Act
for the better ordering and governing of negroes and slaves, of the seventh
of June 1712, be hereby revived and in full force; any thing in the
said additional Act of the 18th of December, 1714, to the contrary there-
of notwithstanding.
III. And lohereas, the great importation of negroes to this Province, in
proportion to the white inhabitants of the same, whereby the future safety
of this Province will be greatly endangered ; for the prevention whereof,
Be it enacted by the authority aforesaid, That all negro slaves of any age
or condition whatsoever, imported or otherwise brought into this Province,
from any part of the world, shall pay such additional duties as is hereafter
named, that is to say : — that every merchant or other person whatsoever,
who shall, eighteen months after the ratification ot this Act, import any
negro slave as aforesaid, shall, for every such slave, pay unto the public
receiver for the time being, at the time of each importation, over and
above all the duties already charged on negroes, by any law in force in this
Province, the additional sum of forty pounds current money of this
Province ; and the master or commander of any ship or vessel, merchant
or others, importing negroes as aforesaid, are and shall be liable and subject
to the several oaths, entries, allowances, exemptions, drawbacks, restrictions,
limitations, fines, forfeitures and penalties, as by any other Act now in
force in this Province for importing the said negroes, he was subject and
liable to before the making of this Act.
IV. And he it further enacted by the authority aforesaid, That the for-
mer part of this Act relating to the execution of negroes and all other
slaves, be and remain in full force for twelve months, and from thence to
the end of the next session of the General Assembly, and no longer; and
the latter part of the said Act, relating to the additional duty on negroes,
and every thing therein contained, shall continue to be and remain in full
force for the term and space of foiu- years, from the time of the ratification
hereof, and from thence to the end of the next session of the General As-
sembly after, and no longer.
Ratified in open Assemhly, the eleventh day of December,
Anno Domini, 1717.
ROBT. JOHNSON.
A. SKEENE,
NICHOLAS TROTT,
THOMAS BROUGHTON,
CHARLES HART,
FRANCIS YONGE,
OF SOUTH CAROLINA.
Acts relating to Slaves. '
AN ACT FOR THE BETTER ORDERING AND GOVERNING OF NeGROES No. 476.
AND OTHER SlAVES.
WHEREAS, the plantations and estates of this Province cannot be
well and sutRciently managed and brought into use, without the labor and
service of negroes and other slaves ; and forasmuch as the said negroes and
other slaves, brought unto the people of this Province for that purpose,
are of barbarous, wild and savage natures, and such as render them wholly
unqualified to be governed by the laws, customs and practices of England ;
but that it is absolutely necessary that such laws and orders should be
made and enacted, for the good regulating and ordering of them, as may
restrain the disorders, rapines and inhumanities to which they are naturally
prone and inclined, and may also tend to the safety and security of the
people of this Province and their estates ; we therefore pray your most
sacred Majesty that it may be enacted,
I. And be 'it therefore enacted, by his Excellency, Francis Nicholson,
Esqr., Governor, bv and with the advice and consent of his Majesty's Hon-
orable council, and the Assembly of this Province, and by the authority of
, the same. That all negroes, mulatoes, mustizoes or Indians, which at any
time heretofore have been sold, and now are held and taken to be, or
hereafter shall be bought and sold for slaves, are hereby declared slaves ;
and they, and their children, are hereby made and declared slaves, to all
intents and purposes; excepting all such negroes, mulatoes, mustizoes or
Indians, which heretofore have been, or hereafter shall be, for some
particular merit, made and declared free, either by the Governor and
council of this Province, pursuant to any Act or law of this Province, or
by their respective owners or masters ; and also excepting all such negroes,
mulatoes, mustizoes or Indians, which can prove that they ought not to be
sold for slaves; and in case any negro, mulattoe, mustizo or Indian, doth
lay claim to his or her freedom, upon all or any of the said Acts, or other-
wise, the same shall be finally heard and determined by the judges and
justices of the general court "in Charles city, if the dispute arises within
the jurisdiction thereof, and the justices of the several county and precinct
courts, in open court within their jurisdiction, and not elsewhere.
II. And for the better ordering and governing of negroes and all other
slaves in this Province; Be it enacted by the authority aforesaid, That no
master, mistress, overseer, or other person whatsoever, that hath the care
or charge of any negro or slave, shall give their negroes or other slaves
leave on Sundays, fast-davs, holydays, or any other time, to go out of the
plantations, without a letter or ticket, except such negro or other slave as
wear a livery; and every person who shall see any negro or slave out of his
master's plantation without a ticket or leave in writing from his master or
mistress, or some other person by his or her appointment, or some white
person in the company of such slave to give an account of his business,
except as aforesaid, are empowered to correct such slave by whipping, not
exceeding twenty lashes; and every overseer of a plantation, which shall
not, (when in his power,) apprehend every strange negro or other slave,
which he shall find in his master's or mistress's plantation, without leave as
aforesaid, except as before excepted, and after apprehended shall neglect to
punish him by whipping as aforesaid, shall forfeit twenty shillings ; the one
half to the poor, to paid to the church wardens of the parish where
such forfeit shall become due, and the other half to him that will inform
for the same within one week after such neglect ; Provided always never-
tMess, that every master, mistress or overseer, shall and may have liberty
372 STATUTES AT LARGE
A. 1). 1722. Acts relating to Slaves.
to whip any strange negro or other slave coming to his plantation with a
ticket, on Sundays, fast-days, holydays, or any other times, unless it shall
appear to them that the business or errant of the said slave was to the
master or mistress of such plantation, and not to visit, idle, loiter or play
with the other negroes ; any thing before mentioned to the contrary thereof
notwithstanding. And that no slave may make further or other use of any
one ticket than was intended by him or her that granted the same, every
ticket shall be dated, and particularly mention the name of every slave
employed in the particular business, and to what place they are sent, and
what time they are to return ; and if any person shall presume to give any
negro or slave a ticket in the name of his master or mistress, without his or
her consent, such person so doing shall forfeit the sum of forty shillings;
one half to the said poor, to be disposed of as aforesaid, the other half to
the person injured, that will complain against the person offending within
one week after the offence committed ; and if he have not sufficient to pay
the said forty shillings, any two justices of the peace shall have power to
inflict corporal punishment on the offender, for the wilful counterfeiting
such ticket, by ordering such offender to receive twenty lashes on the bare
back ; and for the better security of all such persons that shall endeavor to
take any runaway, or shall examine any slave for his ticket, passing to and
from his master's or mistress's plantation, it is hereby declared lawful for
any white person to beat, maim or assault, and if such negro or slave can-
not be otherwise taken, to kill him who shall refuse to show his ticket, or
J by running away or resistance, shall avoid being apprehended or taken.
III. And it. is further enacted by the authority aforesaid. That every
justice of the peace, in the county where he resides, shall have power, at
all times when he sees fit, to go in person, or grant warrants to any con-
stable or other persons whatsoever, to search for guns, pistoles, swords,
cutlaces, lances, and other offensive weapons, in negro houses, or in the
custody or keeping of any negro or other slave, and the same to take away,
unless such negro or other slave shall have a ticket or license in writing,
under the hand of the master, mistress or manager, to hunt and kill
game, cattle or vermin, and such license to be renewed once every month
at farthest, or unless there be some white person in the company of such
slave when he is a hunting or shooting ; or unless such slave be actually
carrying his master's arms to and from muster, or found carrying his mas-
ter's arms to and from his plantation, by a special ticket for that purpose,
expressing the reason therein ; or unless such slave shall be found actually
keeping off rice-birds and other birds, in the day time within the planta-
tion, and lodging the same gun, at night, in their master's chief dwel-
ling house ; Provided always nevertheless, that no master, mistress or
manager, shall license above one negro in one plantation for that purpose,
except as before excepted, for keeping off birds in the day time, and lodging
the same gun at night in their master's chief dwelling house : Provided also,
that no negro or other slave shall have liberty to carry such gun abroad
from home to hunt or shoot, between Saturday evening after sun set and
Monday morning before sun rise, notwithstanding such license or ticket ;
Provided also, that no slave who shall be possessed of such gun, shall lend
such gun to any other slave whatsoever; and every gun, pistole, sword,
cutlace, or other offensive weapon, which shall be found in the hand or
custody of any slave, not qualified to keep or carry the same, as aforesaid,
shall be forfeited to the finders, who are hereby empowered to seize and
keep the same to their own use, without further law or process.
OF SOUTH CAROLINA.
Acts relating to Slaves.
IV. And he it fv,r titer enacted hy the authority aforesaid, That if any-
slave so entrusted to keep a gun or cutlace, shall shoot or kill any other
man's cattle, sheep or hogs, besides his master's, or lend it or suffer it to go
out of his custody to any other slave, who shall do such Hke injuries, the
master, mistress or manager of such slave so entrusted as aforesaid, shall
forfeit and pay to the party injured, double the value of the cattle, ho^s or
sheep; to be recovered by warrant of any justice, if proved by his own
confession, or by the oath of one white man, or two slaves, whom the
justice shall have reason to believe speak truth ; and the slave committing
such offence shall sufier such corporal punishment besides, as hereinbefore
is directed.
V. And he it further enacted by the authority aforesaid , That all patrols
for the time being, shall have full power and authority for entering into
any plantations, breaking open negro houses or other places where negroes
may be suspected to keep arms ; and the commanding officer of each
respective company, that appoints the patrolls, shall give instruction in
writing, to the commanders that rides, how to behave themselves in their
respective duty ; and each person riding is hereby required strictly to
observe the same, there to search, seize and carry away the same, appre-
hending and punishing runaways or other slaves which shall be found out
of their master's plantations without a ticket, as hereinbefore is given to
any justice of the peace, or other person whatsoever, by virtue of this Act ;
and also to correct such slave by moderate whipping, who shall afiront or
abuse them in the execution of their office ; and if they shall have reason
to suspect such slave to have been guilty of stealing or other criminal
ofTences, to apprehend and take up such slaves, and carry them to the next
magistrate, the master excepted, to be dealt with according to law ; and all
arms which shall be found in the possession of any slaves by the patroU as
aforesaid, unless licensed or qualified as aforesaid, shall be forfeited to the
patroll then patrolling, and equally divided amongst them.
VI. And it is further enacted by the authority aforesaid. That every
master or head of any family shall keep all his guns and other arms, when
out of use, in a room locked up, upon the penalty of being convicted of
neglect therein, to forfeit three pounds.
VII. And be it further enacted by the authority aforesaid. That no
owner or the head of any family, shall give a ticket to go to Charles city
and port, or from plantation to plantation, on Sundays, excepting it be for
and about such particular business as cannot reasonably be delayed to
another time, under the forfeiture of twenty shillings, and in every ticket
in that case given shall be mentioned the particular business that such
slave is sent about, otherwise, such slave shall be dealt with as if he had no
ticket.
VIII. And he it further enacted by the authority aforesaid. That upon
complaint made to any justice of the peace, of any heinous or grievous
crime committed by any slave or slaves, as murder, burglary, robbery, wil-
full burning of dwelhng housess, barnes, stables, kitchens, or stacks of
rice, or tar kilns, barrels of pitch or tarr, or any other capital offences,
where clergy is taken away by the laws of England or this Province, the
justice or justices shall issue out his warrant for apprehending the offender
or offenders, and for all persons to come before him that can give evi-
dence; and if, upon examination, it probably appeareth that the appre-
hended person is guilty of any of the above mentioned crimes, which are
374 STATUTES AT LARGE
A. I).] 722. jXcts relating to Slaves.
hereby declared to be felony without benefit of clergy, he shall commit
him or them to prison, or immediately proceed to try all of the slave or
slaves, according to the form hereafter speciiied, and also to certify to the
justice next to him the said cause, and to require him, by virtue of this Act,
to associate himself to him, which said justice is hereby required so to do ;
and they so associated are to issue their summons to three sufficient free-
holders, acquainting them with the matter, and appointing a day, hour and
place, when and where the same shall be heard and determined ; at which
day, hour and place the said justices and freeholders shall cause the oflen-
ders and evidences to come before them ; and if they, on hearing the mat-
ter, the said freeholders being by the said justices first sworn to judge
uprightly and according to evidence, and diligently weighing and examin-
ing all evidences, proofs and testimonies, and in case they shall find such
negro or other slave or slaves guilty thereof, they shall give sentence of
death, and forthwith by their warrant cause immediate execution to be
done, by the common or any other executioner, in such manner as they
shall think fit ; the kind of death to be inflicted to be left to their judg-
ment and discretion.
IX. And be it farther enacted by the authority aforesaid. That two
justices and one freeholder, or one justice and two freeholders, or the said
two justices and three freeholders, shall be a quorum, and the acquittal or
conviction of any slave by such a quorum of them shall be final.
X. And be it further enacted \i\ \.\iQ authority aforesaid. That in case
any negro or other slave shall be accused and convicted of any lesser
crimes, before two justices and three freeholders, as stealing of any neat
cattle, sheep, hogs, shotes or piggs, or killing any neat cattle, sheep or
hogs, with a felonious intent to steal them, for the first offence such slave
shall be branded with an R on the right cheek, with a red hot iron ; for the
second offence, if it appear to the justices that he has been before convict-
ed, he shall be branded with an R on the left cheek, with a red hot iron,
and whipped not exceeding forty lashes ; and for the third ofi'ence, if he
has been convicted of the second, he shall suffer death ; and the master,
mistress or owner of such slave, shall satisfy the full damage or loss of such
cattle, sheep or hogs, to the owners thereof, to be recovered by warrant of
any justice of peace, except for which such negro suffer death.
XI. And be it further enacted by the authority aforesaid. That every slave
who shall be guilty of any felonious crime, not particularly named in this
Act, where a white man is allowed the benefit of the clergy, and ought to
be punished by burning in the hand, a slave shall be burned with the letter R
in the forehead ; and for the second offence, he shall suffer death, so that the
first conviction do appear under the hands of a quorum of justices and free-
holders, or filed of record with the clerk of the crown and peace, in Charles
City, or in any of the county and piecinct courts; Provided nevertheless,
that the goods or chattels so stolen do exceed the value of forty shillings,
current money.
XII. And lohereas, negroes and other slaves, under pretence of hunger,
do frequently break open corn-houses and rice-houses, and steal from thence
corn and rice, and such offences have been deemed burglary ; Be it therefore
eriacted by the authority aforesaid, That for the first offence of this kind,
he shall not suffer death, but be punished with branding on the right cheek,
and be whipped not exceeding thirty-nine lashes; for the second offence, he
shall be branded on the left cheek, and be whipped not exceeding thirty,
nine lashes; and for the third offence, he shall suffer death ; anv thing
OF SOUTH CAROLINA. 375
Acts relating to Slaves. -A- !>• 1^22.
herein before contained to the contrary, notwithstanding. And the master,
owner or manager of such slave, shall answer the full damage to the party
injured, if proved by the slave's voluntary confession, or by two other,
whom the justices shall have reason to beUeve speak truth ; except for which
such negro suffer death. And in case any slave shall be guilty of stealing
of fowles, robbing of hen-roosts, or any other lesser crimes, not particular-
ly named in this Act, he shall be tried by any one justice of the peace, and
punished by whipping only, not exceeding forty lashes. And in case the
said justices and freeholders, or any or either of them, shall neglect or re-
fuse to perform the duty by this Act required of them, they shall, severally,
for such their defaults, forfeit the sum of twenty-tive pounds.
XIII. And be it further enacted by the authority aforesaid. That if any
person shall send his negro or other slave off this Province, that hath killed
another negro or slave, such person shall pay unto the master or owner of
such negro, the full value of such negro so killed, as aforesaid. And in
case any person shall send, or cause to be sent, his negro out of this Pro-
vince, that hath killed any white person, knowing the negro to be guilty
of such crime, he shall forfeit the sum of five hundred pounds.
XIV. And be it further enacted by the authority aforesaid, That if any
negroes or other slaves shall make mutiny or insurrection, or rise in rebel-
lion against the authority and government of this Province, or shall make
preparation of arms, powder, bullets, or offensive weapons, in order to carry
on such mutiny or insurrection, or shall hold any confederacy or conspiracy
for raising such mutiny, insurrection or rebellion, the offenders shall be
tried by two justices of the peace and three freeholders, associated together
as before expressed in cases of murder, burglary, &;c., who are hereby
impowered and required to try the said slaves so offending, and inflict
death or any other punishment upon the offenders, and forthwith, by their
warrant, cause execution to be done by the common or any other execu-
tioner, in such manner as they shall think fitting ; and if any person shall
make away or conceal any negro or negroes, or other slave or slaves,
suspected to be guilty of the last before mentioned crimes, and not, upon
demand, bring forth the suspected offender or offenders, such person shall
forfeit, for every negro or slave so concealed or made away, the sum of
fifty pounds proclamation money ; provided nevertheless, that when and
as often as any of the before mentioned crimes shall be committed by more
than one negro or slave that shall deserve death, that then, and in all such
cases, if the justices of the peace and freeholders who shall try such
slaves, or a quorum of them, shall think fitting, and accordingly shall
order, that one or more of the said criminals should suffer death as exem-
plary, and the rest to be returned to the owners, that then the owners of
the negroes so offending shall bear proportionably the loss of the said slave
or slaves so put to death, as shall be allotted them by the said justices and
freeholders ; ^-Tot'i^efZ nevertheless, that the slave so to be put to death,
shall not be valued at more than twenty-five pounds proclamation money ;
and if any person shall refuse his part so allotted him, that then, and
in all such cases, the said justices and freeholders are hereby required
to issue out their warrant of distress upon the goods and chattels of the
person so refusing, and shall cause the same to be sold by public outcry,
to satisfy the said money so allotted him to pay, and to return the over-
plus, if any be, to the owner, and the public shall not be charged therewith.
XV. And be it furtlier enacted by the authority aforesaid. That the con-
fession of any slave accused, or the testimony of any other slave, that the
376 V STATUTES AT LARGE
A- U. 1 722. Acts relating to Slaves.
justices and freeholders shall reason to believe do speak truth, shall be held
for good and convincing evidence, in all crimes not capital. But no negro
or other slave shall suffer the loss of life or limb, but such as shall be con-
victed, either by their own free and voluntary confession, or by the oath of
christian evidence, or at least by the plain and positive evidence of two ne-
groes or slaves, so circumstantiated as that there shall not be sutiicient rea-
son to doubt the truth thereof, and examination being always made if the
negroes or slaves that give evidence do not bear any malice to the other
slave accused; excepting in the case of murder, in which case, the evidence
of one slave, attended with such circumstances as that the justices and
freeholders shall have no just reason to suspect the truth thereof, of which
they are hereby made judges, or upon violent presumption of the accused
person's guilt, the said justices and freeholders may declare the said per-
son guilty, and may give sentence of death upon him accordingly, and
award execution as before directed by this Act.
XVI. Whereas, divers evil and ill-disposed persons have heretofore at-
tempted to steal away negroes or other slaves, by specious pretences of pro-
mising them their freedom in another conntry, against which pernicious
practices no punishment suitable hath been yet provided ; Be it therefore
enacted by the authority aforesaid, That if any white person, either free-
man or servant, at any time after the ratification of this Act, shall, di-
rectly or indirectly, tempt or persuade any negro or negroes, or other slave
or slaves, to leave his or their master's or mistress's service, to whom they
are slaves, out of intent or design to carry him, her or them off from this
Province, such person shall forfeit and pay unto such master or mistress so
grieved, the sum of twenty-five pounds, proclamation money, for every slave
so attempted and persuaded ; the said forfeiture to be sued for and reco-
vered by action of debt, by the person grieved, that will sue for the same
in any court of common pleas in this Province, at any time within six
months after the offence committed ; and in case the person shall not sa-
tisfy such judgment in ten days, the marshal shall make application to the
next magistrate, who shall order the said offender to be publicly whipped,
not exceeding forty lashes ; but if any person shall so tempt or practice with
any person's negro or negroes, or other slave or slaves, and him, her or
them so attemped, actually convey away or send off from this Province, or
be taken in the very act of taking or carrying him, her or them away, in
order to carry him, her or them off from this Province, and shall, at the
court of general sessions, assize or goal delivery, be legally convicted of
the same, such offence is hereby declared felony, without benefit of the-
clergy, and the offender shall suffer death as a felon, accordingly.
XVII. And be it further enacted hy the authority aforesaid, That in case
any negro or slave shall run away from his master or mistress, with intent
to go off from this Province, in order to deprive his master or mistress of
his service, such negro or slave, being declared guilty of the same by two
justices and three freeholders, as aforesaid, shall suffer death. And if seve-
ral slaves be concerned in a gang together, in running away off the Pro-
vince, and be re-taken, one, or two, at most, of them, who shall, in the
opinion of the said justices and freeholders, be thought to be the most
notorious offenders, shall suffer deith, and the rest such corporal pun-
ishment as to the said justices and freeholders shall seem reasonable.
And the owners of the negroes which shall be saved shall contribute
proportionably, as aforesaid, to the loss of the negro or other slaves so
executed ; and if all the gang so taken shall belong to one person, he
shall bear the loss himself. And in case any negro or slave shall be
OF SOUTH CAROLINA. 3T7
Act" relating to Slaves. ^' I'- ^ ''22-
guilty of inticiiig or persuading any other negro or slave to run from their
master's or mistress s- service, in order to go off this Province, and being
convicted of the same before two justices and three freeholders, he shall
be severely whipped, not exceeding forty lashes, and shall also be branded
in the forehead with a hot iron, that the mark thereof may remain.
XViil. Now, forasmuch as the loss of the negroes and other slaves that
sutler death, or be killed, under any authority given by this Act, would
prove too heavy for the owners of them to bear, and that the owners of
neo-roes and slaves may not be discouraged to detect and discover the offen-
ces of their negroes and slaves, and that the loss may be borne by the public,
whose safety, by such punishments, is hereby provided fo'" and intended. Be
it therefore enacted by the authority aforesaid. That in all cases whatsoever,
where any negro or other slave, by the appointment and provision of this
Act, shall suhc;r death, then all such justices and freeholders who adjudged
such negro or other slave to suffer death, immediately after senten<'.e thereof
given, snail inquire, by the best means they are able, of the full and true va-
lue of such negro or slave, and make certificate thereof to the judges and
justices of the several counties or precincts in this Proince, to which the
said negro or slave shall belong, who shall assess any sum on the lands and
negroes lying within their respective jurisdictions, not exceeding eighty
pounds, current money. And the treasurers of such co^mties and precincts
are hereby required to pay the same accordingly, to the owner thereof;
excepting, nevertheless, such slaves who shall be tried and executed for
running away, endeavoring to make their escape off this Province, the loss
of which slaves shall be borne by the owners of such slave, or proportiona-
bly, as before is directed. And in case any negro or slave shall be killed,
pursuant to any power given by this Act, the owner thereof, making his
complaint thereof to the judges in Charles City and Port, in open court, or
to the judges of any of the county or precinct courts, at the time of hold-
ing such courts, it shall be lawful for them to inquire into the truth there-
of, and to assess any sum not exceeding eighty pounds, on the lands and
negroes within their respective jurisdictions, and cause the said sum, when
collected, to be paid to the owner of such negro or slave, so killed, as afore-
said.
XIX. And, he it further enacted by the authority aforesaid, That if
any negro or slave whatsoever, shall strike any white person, such negro
or other slave, for his or her first offence, by information given, upon oath,
to any two justices of the peace, shall be severely whipped, and have his
or her right ear cut off; and for the second offence of that kind, if he or
she hath been convicted of the first, it shall be left to two justices and three
freeholders to inflict any punishment according to their discretion, death ex-
cepted. And in case any negro or slave shall so assault and beat any white
person, by which the said white person is bruised, wounded, maimed or
disabled, in such case, the said slave shall be punished with death ; provi-
ded always., that such striking, conflict or maiming, be not by command of,
or in the lawful defence of, their master, mistress, manager, or owner of
their families, or of their goods.
XX. And he it further enacted by the authority aforesaid. That any
two justices of the peace, who, together with three freeholders, pursuant to
the powers given them by this Act to try any negro or slave, shall fair-
ly write, or cause to be written, the proceedings and judgment, either of
acquittal or condemnation, and the execution, and all other matters relating
thereunto, and the same, under their hands and seals, to the clerk of the crown
VOL. VII— 48.
378 STATUTES AT LARGE
A. D.J 722. ji^f.fg relating to Slaves.
or assize, or clerk of the county and precinct courts, respectively, where
such trial shall arise, within three months after such trial, there to be made
as a record of such their proceedings; and any single justice of the peace,
who, pursuant to the powers given him by this Act, shall hear and deter-
mine any complaint, and give judgment against any negro, in any case,
shall do the like, within the time aforesaid; upon the penalty of the forfei-
ture of forty shillings, to the informer, for every neglect of each and every
such justices of the peace or freeholders, to be disposed of and recovered as
hereafter is directed.
XXI. And be it further enacted by the authority aforesaid. That all such
persons as shall apprehend and take up any runaway slave, and shall bring
the runaway to his or their proper owner, if they know them, shall receive
twenty sliillings for such slave, and twelve pence per mile for the mileage,
going to such owner or marshal ; but if they know not the owner or mas-
ter of such runaway, then they shall bring them to the marshal or gaoler
of that precinct where the slave is taken, upon pain and forfeiture, for eve-
ry day he or they shall keep such slave or slaves above five days, provided
such slave be able to travel, besides the days reasonably to be allowed for
the journey, according to the distance of the place, he or they shall forfeit,
for every slave kept beyond the said live days, for each day, twenty shil-
lings. And any person delivering runaway or fugitive slaves to the mar-
shal, as aforesaid, shall, by oath, made before some justice of the peace,
give account of his name and place of abode, with the time when, and
place where, he apprehended such fugitive slave or slaves, and that he knew
of no ticket the slave had, nor the owner of such negro or slave ; to the
intent that all owners of slaves may come to the right knowledge when
their slaves were apprehended, and by whom, and whether they might be
wrongfully taken up or not ; that upon such oath being made, and the de-
livery of the slave or slaves, the provost marshal, or marshal of the pre-
cinct, shall enter such oath fairly in a book for the purpose, and shall also
fix the same upon some public place of the gaol, upon the penalty of five
pounds ; and the marshal shall sign a receipt for such slave or slaves, and
shall also pay, or cause to be paid, to the person or persons that brings such
slave or slaves, the sum of twenty shillings for each slave, and also the mile-
age, as before directed by this Act ; and in case the marshal shall refuse to
pay the same, upon complaint made to any justice of the peace, the said
justice, upon hearing the said complaint, is hereby authorized and required
to direct his warrant to any constable, to cause the sum due, as aforesaid,
to be immediately levied upon the goods and chattels of the marshal or
gaoler, and the goods to be publicly sold by outcry, and satisfaction to be
made to the party grieved, returning the overplus, if any, after reasonable
fees and charges deducted, to the marshal or gaoler.
XXII. And whereas, there is sometimes reason to suspect that slaves do
run away for want of a sufficient allowance of provisions ; Be it further
eriactni by the authority aforesaid. That any two justices of the peace of
the county where he resides, shall and may inquire, by the best means they
can, whether slaves, throughout the several plantations, are sufficiently
provided with corn or other provisions , and if it shall appear to them that
any slaves are not sufficiently provided for, they shall inform the justices
of the several courts of this Province, at the then next sessions of the
Peace, and the owners, or attorneys or managers of any owners, of such
slaves, shall forfeit any sum not exceeding fifty shillings, proclamation mo-
ney, at the discretion of the justices of the same court.
OF SOUTH CAROLINA. 379
Acts relating to Slaves. ^- ^- ^^~^'
XXIII. And he it further enacted by the authority aforesaid, That it shall
and may be lawful for the marslial or gaoler to detain and keep in custody
the bodies of all such runaway slaves, until the owners or managers of
such slaves shall pay unto him the full sum of what he pays for taking
up runawa)' slaves, with one shilling in the pound for laying out the money,
and so proportionably for a greater or lesser sum, and also two ryals in silver,
or the value thereof, for ever}^ twenty-four hours the said slave hath been in
his custody. And if the marshal or gaoler shall willingly or negligently suf-
fer any slave or slaves to escape, or by any ways or means to be let out of
his custody, before he be duly delivered to the owner or manager of such
slave, or to some person by their order in writing, and a receipt of the per-
son to whom delivered, wherein shall be inserted the mark or description of
the slave delivered, then the said marshal or gaoler shall forfeit to the owner
the full value of the slave or slaves so escaping, or being out of the marshal's
custody, as aforesaid, the same being first appraised by any three freeholders,
who shall be required to appraise the same by warrant or ordei of any two
justices of the peace ; the same to be recovered by action of debt, in the
courts of common pleas in this Province, brought within six months after such
escape. But upon I'ecovery obtained by any person, against the marshal, for
any slave or slaves so escaped, and the judgment satisfied and paid, the own-
er of such slave shall be obliged to assign unto the marshal all his right, title
and interest to the slave or slaves so escaped and paid for by the marshal,
as aforesaid ; Provided, nevertheless, that if the said slave shall be found
again, the marshal shall be obliged to return the slave to the owner, if the
owner shall desire the same, returning the moneys again to the said marshal,
and the owner to be exempted from all fees that shall accrue by this Act,
which shall be occasioned by the recaption.
XXIV. And be it further enacted by the authority aforesaid, That no per-
son whatsoever, except the marshals or gaolers of prisons, shall keep any
runaway slaves above the aforesaid time of five days, unless the slave be
not able to travel, as aforesaid ; nor shall the marshal or gaoler employ, or
suffer to be employed, any slave or slaves in his custody, nor suffer him or
them to want suliicient food and water, on the penalty of twenty-five shil-
lings, proclamation money, for every such offence ; and if any marshal or
gaoler shall suffer any slave in his custody to die for want of food and water,
or dry or convenient lodging, the marshal, gaoler, or any other person in
whose custody the slave was, shall pay the master or owner the full value
such slave shall be appraised at by any three freeholders, who sliall be re-
quired to appraise the same, by warrant or order of any two justices of the
peace ; the said value, according to such appraisement, to be recovered by
action of debt, in the court of common pleas in Charles City, or in any
of the county or precinct courts whereto the marshal belongs, respectively,
and to be brought at any time within six months after the death of such
slave or slaves.
XXV. And he it further enacted hy ihe authority aforesaid. That thfe
marshal or gaoler of Charles City and Port, and of each precinct, shall
give an account, in writing, at every sessions that shall be held within this
Province, whereto such marshal belongs, of what slaves he hath in pri-
son, with their marks and names and sex, and the time they have been in
his custody, and, as near as he can learn, how long each slave hath been
from his respective owner, on the penalty of seven pounds and ten shil-
lings, proclamation money, for every neglect.
XXVI. Afid he it further enacted by the authority aforesaid. That every
380 STATUTES AT LARGE
A. D. 1722. j^^.fg relating to Slaves.
field officer, captain or commander, or lieutenant of a company within this
Province, shall be, and is hereby, impoAvered and required, on notice to
him given of the haunt, residence or hiding place of any runaway slaves,
to raise a convenient party of men, as a patrol, and with them to pursue,
apprehend and take the said runaway slaves, either alive or dead ; and for
every negro or other slave that they shall take alive, having been run away
above six months from his master, they shall receive fifty shilhngs, pro-
clamation money, from the master or owner of the said negro.
XXVII. And be it further enacted by the authority aforesaid, That in case
any person or persons whatsoever, shall happen to be maimed, wounded or
disabled, either in pursuing, attacking or taking any runaway negro or
slave, then it shall and may be lawful, after the said person shall make it ap-
pear, by his own oath, or otherwise, to two justices of the peace and three
freeholders, for them to adjudge and determine what shall be allowed to the
person or persons so disabled, and by virtue of an order, under their
hands and seals, shall direct the public receiver to pay such sum or sums
of money as they shall draw for the said person or persons relief; and the
public receiver is hereby required to pay the same accordingly.
XXVIII. And he it further enacted by the authority aforesaid. That in
case any negro or other slave shall harbour, conceal, entertain and give
victuals to any runaway slave, knowing him or her to be such, that upon
complaint made thereof to any justice of the peace, such negro or slave,
by order of the justice, shall be severely whipped, not exceeding forty
lashes.
XXIX. And whereas, several owners of slaves used to suffer their said
slaves to go whilher they will, and work where they please, upon condi-
tion that their said slaves do bring their aforesaid masters so much money
as between the said master and slave is agreed upon, for every day the
said slave shall be so permitted to employ himself; which practice hath
been observed to occasion such slaves to spend their time in looking for
opportunities to steal, in order to raise money to pay their masters, as
well as to maintain themselves, and other slaves, their companions, in
drunkenness and other evil courses ; for the prevention whereof. Be it
enacted by the authority aforesaid, That no owner, master or mistress of
any family, after the ratification of this Act, shall suffer or permit any
slave to go whither, and work where, they please, under the penalty of
the forfeiture of five shillings, proclamation money, for every day he, she
or they shall willingly suffer any slave to do as aforesaid ; and every person
employing any slave without a ticket from the owner of such slave, shall
forfeit five shillings, proclamation money, per diem, to the informer, for
all the time he shall so employ such slave, over and besides what he paid, or
agreed to pay, such slave for his work ; Provided nevertheless, that the said
penalty of five shillings per diem, shall not extend to any person where the
property of such slave is disputable ; Provided aha, nevertheless, that
nothing in this Act shall be construed or intended to hinder any person
from letting their negroes or slaves to hire, by the year, or for any lesser
time, or by the day, so as such negro or slave is under the care or direc-
tion of his master, or some other person by his order intrusted with the
slave, and that the master is to receive the whole of what the slave shall
earn, and that the person employing such slave have a certificate, note or
memorandum thereof, in writing, from the owner, attorney or overseer of
such slave.
XXX. And he it further enacted by the authority aforesaid, That no
OF SOUTH CAROLINA. 381
Acts relating to Slaves. A. D. 1722.
person whatsoever, after the ratification of this Act, shall settle and manage
any plantation, cow-pen or stock, wherein ten taxable negroes or slaves
shall be employed, without one or more white men living and residing
upon the same plantation, upon the penalty or forfeiture of four pounds,
proclamation money, for every three months they shall so offend.
XXXI. And he it further enacted by the authority aforesaid, That if any
negro or other slave, under punishment by his master, or his order, for
running away, or any other crimes or misdemeanors towards his said mas-
ter, unfortunately shall suffer in life or member, which seldom happens, no
person whatsoever shall be liable to any penalty therefor. But if any
person shall, out of cruelty, or wilfully, kill a negro or other slave of his
own, he shall pay into the public treasury fifty pounds, proclamation money ;
but if he shall so kill the slave of another man, he shall pay to the owner
of the negro or slave, the full value, and into the public treasury, fifty
pounds proclamation money ; but not be liable to any other punishment or
forfeiture for the same. But if the person so offending be a servant, or
incapable of making satisfaction, he or she shall receive, on his or her bare
back, nine and tliirty lashes, by order of any two justices of the peace before
whom the matter shall be proved, and shall be further liable to serve the
owner or owners of such slave so killed, or his assigns, the full term of five
years, by order of the said justices of the peace, to make the owner satis-
faction for the loss of his slave. But if any person shall kill another per-
son's negro or slave by accident, he shall not be liable to any other penalty
but the owner's action at law ; but if any person shall find any negro or
other slave stealing or robbing, (the said slave making resistance, running
away, or refusing to submit himself,) it shall and may be lawful for such
person to kill the said negro or slave, and he shall not be liable to any dam-
age or action for the same ; any law, custom or usage to the contrary not-
withstanding.
XXXII. And he it further en actedhy the authority aforesaid , That all the
fines and forfeitures aforementioned in this Act, not exceeding the sum of
fifty shillings proclamation money, and not before particularly disposed of,
nor the manner of the recovery directed by this Act, nor the time for the
commencing the suit for the same, shall be recovered, prosecuted, adjudged,
levied and destrained, by warrant by any one justice of the peace in this
Province, as in the Act for the trial of small and mean causes is directed ;
and the same being so recovered, the one half shall be paid to the church-
wardens or the overseers of the poor, for the use of the poor of the parish
where the person inhabits against whom the forfeiture is recovered, and the
other half to him that will prosecute for the same, at any time within six
months. And all the fines and forfeitures mentioned in this Act, exceeding
the sum of fifty shillings proclamation money, and not before particularly
disposed of, nor the manner of the recovery directed by this Act, nor the
time for the commencing the suit for the same, one half shall be paid to the
church-wardens, to and for the maintenance and support of the poor of
the parish whereto the slave belongs, and the other half to him or them
that will sue for the same, at any time within six months after the offence
committed, by action of debt, suit, bill, plaint or information, in any court
of record in this Province, wherein noessoign, protection, privilege, injunc-
tion, wager of law, or stay of prosecution, by non vult ulterius prosequi,
or otherwise, shall be admitted or allowed.
XXXIII. And he it further enacted by the authority aforesaid, That if any
action, plaint, suit or information shall be commenced or prosecuted against
382 STATUTES AT LARGE
A. D. 1722. Acts relating to Slaves.
any person or persons, for what he or they shall do in performance or exe-
cution of this Act, such person or persons so sued may plead the general
issue, not guilty, and upon issue joined, give this Act and the special mat-
ter in evidence; and if the plaintitl'or prosecutor shall become non-suit, or
suffer discontinuance, or if a verdict pass against him, the defendant or
defendants shall recover his or their treble costs, for which he or they shall
have the like remedy as in any case where costs by law are given to the
defendant.
XXXIV. And be it further enacted by the authority aforesaid. That all
and every person and persons whatever, for any matter or thing whatsoever,
which has been or shall be done by them, in performance, execution, or
according to the directions, true intent and meaning of an Act entitled
" An Act for the better ordering and governing of slaves," passed the
seventh June, 1712, before this Act takes place, shall have the like liberty
to plead the general issue, and give this Act, the said Act of the seventh
of June, 1712, and any special matter, in evidence, notwithstanding the
repeal of the said Act of the seventh of June, one thousand seven hundred
and twelve; and if the plaintiif become non-suit, suffer a discontinuance,
or a verdict pass against him, the defendant shall recover treble costs of
suit.
XXXV. And whereas, great inconveniences do arise from negroes and
other slaves keeping and breeding of horses, whereby they convey intelli-
gences from one part of the country to another, and carry on their secret
plots and contrivances for insurrections and rebellions. Be it therifore en-
acted by the authority aforesaid, That every justice of the peace, in the
county where he lives, who, after the five and twentieth day of March next,
shall know or be informed of any slaves keeping any horse or horses, or
any neat cattle, shall cause the same to be taken away and sold, and the
monies thereby arising to be given to the church. wardens, for the use of
the poor of the parish ; and if any master or mistress of any slave, or
other white person, shall take upon him to vouch any horse or neat cattle
so taken away, to belong to him or them, the proof shall lie upon such
master, mistress, or other white person, and they shall make oath before the
magistrate who caused the said horse or cattle to be taken away, that such
horse or neat beast, did, bona fide, at the time of its being taken away by
the magistrate, belong to him the claimer, and not to any negro or other
slave whatsoever. And the master, mistress, or any other person, laying
claim to any horse or neat beast so seized, shall be served with an order of
such justice, to shew cause why such horse or neat beast should not be
sold, at a day, time and place affixed by the said justice, and not appearing,
or appearing and not giving sufficient cause to the said justice, the said
justice of the peace shall proceed to make sale, or order the same to be sold ;
and such sale shall be binding against all persons whatsoever. And it shall
be lawful for any person to seize hogs kept by slaves, and all boats and
canoes belonging to any slaves, and shall give notice thereof to the next
justice, who shall proceed to sell the same in manner aforesaid. And if the
party laying claim to such horse or neat beast, or hogs, or boats, or canoes,
shall commence any action against the magistrate or buyer of the said
horse, or neat beast, or hogs, or boats, or canoes, or the person seizing the
same pursuant to this Act, in all such cases, the defendant or defendants
shall have liberty to plead the general issue, and give this Act and the
special matter in evidence ; and if the plaintiff shall discontinue his action,
become nonsuit, or a verdict pass against him, the defendant shall recover
OF SOUTH CAROLINA. 383
Acts relating to Slaves. '^ D. 1722.
of the plaintiff treble costs of suit, to be taxed by the judge or judges be-
fore whom the action shall be commenced; and it is hereby enacted, that
every person who shall send any slaves in periaugoes, canoes or boats,
shall give them a ticket for that purpose.
XXXVI. And he it further enacted by the authority aforesaid, That
all actions hereafter to be brought against any person or persons whatsoever,
for any matter or thing whatsoever, done or to be done in the execution of
this Act, or any former Act made in relation to negroes before this Act
took place, or where they had color to justify themselves, under this or the
said former laws in relation to negroes or other slaves ; all such causes shall
be tried, heard, and determined in the county or precinct courts, if the
said facts were committed within the limits of the said county and precinct
courts, and not elsewhere ; and if such causes shall happen to be tried
elsewhere, the proceedings shall be quashed, and the judgment thereupon
shall be stayed and arrested.
XXXVII. And be it further enacted by the authority aforesaid. That all
negroes and other slaves who shall happen to have been killed or executed
in pursuance of any former law before this Act took place, or by any order
of the present or former Governor, or Governor and council, or any other
person in pursuance of any former Act or Acts made in relation to slaves,
the owners ol such negroes in all the cases aforesaid, (except such as have
been executed for wilful murder,) shall be paid for the same out of the
public treasury, not exceeeding one hundred pounds current money, for
which a quorum of any two justices and three freeholders, as aforesaid, shall
have power to draw on the receiver general for the public for the same, the
quorum of the said justices and freeholders certifying the matter specially
at the same time to the said receiver under their hands, viz : — the name
of the slave killed or executed, together with his age and qualifications, as
near as they can learn, the time when and the cause for which such slave
was killed or executed, and by whose order.
XXXVIII. And whereas, it has many tifnes happened, that where slaves
have been convicted of criminal offences, the marshals and constables have
refused to execute the sentence awarded against them by the justices and
freeholders, there being no law to compel them thereunto, so that slaves
have frequently gone unpunished ; Be it therefore enacted by the authority
aforesaid, That in all cases where slaves shall be convicted of any capital
offences, the provost marshal of Charles city and port, if such slave shall
happen to be tried within the bounds of the general court of Charles city
and port, shall cause execution to be done upon such slave or slaves, ac-
cording to the direction of the justices and freeholders; or otherwise, he
shall forfeit fifty shillings proclamation money, to be recovered by warrant
under the hands of any two justices ; and if the slave shall be tried within
the limits of the county and precinct courts for any capital crime, execu-
tion shall be done by the marshals of the county and precinct courts,
respectively, under the like penalty, to be recovered as aforesaid ; and if
any slave be convicted of any lesser crimes, the punishment shall be inflict-
ed by the marshals or constables belonging to the precinct or places where
such slaves are tried, or some person by their order or procurement, accord-
ing to the sentence given against such slaves by the justices and freehold.
ers, or any single justice of the peace that hath cognizance of the cause,
under the like penalty of fifty shillings proclamation money, to be levied
by warrant under the hands of one or more justices, on every constable or
marshal respectively, refusing or neglecting to procure such punishment
STATUTES AT LARGE
Acts relating to Slaves.
to be inflicted and put in execution ; and the marshal or constable shall be
allowed for branding or cutting ofl' the ear of any slave who shall be sen-
tenced to that punishment, two shilhngs and six pence proclamation money ;
and for whipping every slave, two shillings and six pence proclamation
money ; to be paid by the owner, attorney, or manager of any plantation ; for
which the marshal or constable shall have a warrant from any justice of the
peace for the recovery, if refused to be paid.
XXXIX. And be it further enacted by the authority aforesaid, That all
owners of slaves, who, at any time hereafter, shall manumit or set free
any slave, for any particular service, shall make provision for his departure
out of this Province ; and such slave who shall not depart this Province, by
the space of twelve months next after such manumission, (being at liberty
so to do,) shall lose the benefit of such manumission, and continue to be a
slave, to all intents and purposes whatsoever, unless such manumission shall
be approved of and confirmed by an order of both Houses of Assembly.
XL. And he. it further enacted by the authority aforesaid. That all fines
accruing by virtue of this Act, shall be to his Majesty, for and towards the
uses hereinbefore mentioned and expressed, and to no other end, use, intent
or purpose whatsoever.
XLL And be it also further enacted, by the authority aforesaid. That this
Act, and the several powers and enactments therein contained, shall be and
continue in force for and during the space of seven years, and from thence
to the end of the next sessions of Assembly, and no longer.
XLIL And be it further enacted hy the authority aforesaid. That in case
any person summoned to give evidence against any slave accused of any
crime, being lawfully summoned to appear before the aforesaid justices and
freeholders, shall neglect, without lawful cause, or refuse, to appear, or
appearing, shall refuse to give evidence, for every such offence shall forfeit
the sum of twenty-five pounds proclamation money, to his Majesty, for the
use of this Province, to be recovered as is hereinbefore directed.
XLIIL A7id he it further enacted by the authority aforesaid. That the
justices and freeholders, being assembled in manner hereinbefore directed,
any one justice and two freeholders, or the two justices and one of the free-
holders, agreeing in their opinions, shall be deemed a quorum, and are here-
by empowered to give judgment against any slave that they shall find guil-
ty of the crimes whereof any such slave shall be accused, or acquit him
or them thereof.
Council Chamher, Charles City and Tort, February 2^, 1722.
FRANCIS NICHOLSON, Governor.
JAMES MOORE, Speaker.
OF SOUTH CAROLINA.
Ads relatmg to Slaves.
AN ACT FOR THE BETTER ORDERING AND GOVERNING NeGROES AND No. 586.
OTHER Slaves.
FORASMUCH, as the plantations and estates of this Province cannot
be well and sufficiently managed and rendered useful, without the labour
and service of negroes and other slaves, and as the said negroes and other
slaves are generally of a barbarous and savage nature, and unfit to be
governed by the laws, customs and usages of England, but that it is
found to be absolutely necessary that such laws, rules and orders should be
made and enacted for the good regulating and ordering of them, as may
restrain the disorders, rapines and inhumanities to which they are naturally
prone and inclined, and may also tend to the safety and security of the
white people of this Province and their estates : We therefore pray your
most sacred Majesty that it may be enacted,
I. And be it accordingly enacted, by his Excellency Robert Johnson,
Esquire, Captain-general, Governor and Commander-in-chief in and over
this Province of South Carolina, by and with the advice and consent of
his Majesty ''s honorable Council, and the Assembly of this Province, and
by the authority of the same. That all negroes, mulattoes, mustees and
Indians, which at any time heretofore have been sold, or now are held and
taken to be slaves, or which hereafter shall be bought and sold for slaves,
are hereby ordered and declared to be slaves, and they and their children
are hereby made and enacted slaves, to all intents and purposes whatever ;
excepting all such negroes, mulattoes, mustees or Indians, which hereto-
fore have been, or hereafter shall be, for some particular merit, made and
declared free, either by the Governour and Council in this Province, in
pursuance of any Act or law of this Province, or by their respective owners
or masters; and also except all such negroes, mulattoes, mustees or Indians
which can prove that they ought not to be sold for slaves ; and in case any
negro, mulatto, mustee or Indian, doth or shall lay claim to his, her or
their freedom, upon all or any of the said Acts or otherwise, the same
shall be finally heard and determined before the judges and justices of the
court of general sessions, assize and gaol delivery in this Province, in open
court, at the sitting of the same, by a verdict of twelve men, and not
otherwise.
II. And for the better ordering and governing of negroes and all other
slaves in this Province, Be it enacted by the authority aforesaid. That no
master, mistress, overseer, or other person 'whatsoever, that halh, or shall
have, the care or charge of any negro or slave, shall give their negroes or
other slaves permission on Sundays, holidays, or any other time, to go out
of his, her or their plantations, without a letter or ticket ; and every per-
son who shall see any negro or slave out of his master's or mistress's plan-
tation, without a ticket or leave in writing from the master or mistress, or
some other person by his or her appointment, or having charge of the same,
or without some white person in the company of such slave, to give an ac-
count of his business, is hereby empowered to correct such slave by whip-
ping, not exceeding twenty lashes ; and every overseer of a plantation,
which shall not (when in his power) apprehend every strange negro or other
slave which he shall find in his master or mistress's plantation, without leave
or permission as aforesaid, or who, after apprehending him, shall neglect to
punish him by whipping as aforesaid, shall forfeit twenty shillings current
money, the one half to be paid to the church- wardens of the parish, for the
use of the poor thereof, where such forfeiture shall become due , and the other
VOL. VII.— 49.
386 STATUTES AT LARGE
A. D. 1735. J^^cis relating to Slaves.
half to such person as within one week after such neglect shall inform any of
his Majesty's justices of the peace residing in the said parish, who are here-
by empowered to proceed to levy such forfeitures as is provided by the law
for the trial of small and mean causes ; provided always never tlieleas^ that
every master, mistress or overseer, shall and may have liberty to whip any
strange negro or other slave coming to his or their plantation with a ticket,
or having a livery, on Sundays and holidays, or any other times, unless it
shall appear that the business or errand of the said slave was to the master,
mistress or overseer of the said plantation, and not to visit, idle or loiter
with the other negroes or slaves ; any thing herein before mentioned to
the contrary notwithstanding. And that no slave may make further or
other use of any one ticket than the person intends who grants the same,
every ticket shall be dated, and particularly mention the name of every
slave employed in the particular business, and to what place they are sent,
and what time they are to return. And if any person shall presume to
give any negro or slave a ticket in the name of his or her master, mistress
or overseer, and without his or her consent for the same, every such per-
son shall forfeit the sum of twenty pounds, to be levied by execution for
the same, on conviction thereof, by any justice of peace residing in the
parish where such offence shall happen ; the one half of which forfeiture
is to go to the poor of the said parish, and the other half to the person who
informs of the same, within a fortnight after the offence be committed;
and if such offender have not sutlicient effects to satisfy the said penalty,
any two justices of the peace are hereby empowered to order him to be
whipped on the bare back, not exceeding twenty lashes.
III. And for the better security of all such persons who at any time
shall endeavor to take any runaway slaves, or that shall examine any slave
or slaves for his or their ticket when seen out of his or their master's or
mistress's plantation, It is hereby declared lawful for any white person to
,beat, maim, or assault any slave who endeavours to avoid such white per-
son by running away ; and if any such slave shall resist with a stick or
other instrument or weapon, that then it shall and may be lawful to kill
any slave or slaves so resisting.
IV. And be it further enacted by the authority aforesaid. That every
justice of the peace, in the county where he resides, shall have power, at all
times when he sees tit, to go in person, or grant warrants to any constables
or other persons whatsoever, to enter into anv places where cabals of
negroes are suspected, and to have the same power as any patrol, and
search for guns, pistols, swords, cutlasses, and other offensive weapons, in
negro houses or other suspected places ; and the said w^eapons in the cus-
tody or keeping of any negro or other slave to take away, and the same
detain to his own use, unless such negro or slave shall have a ticket or
license in writing from his master, mistress or overseer, to hunt and kill
game, cattle, or mischievous birds or beasts of prey, and that such license
be renewed once every month, or unless there be some white adult person
in the company of such slave when he is a hunting or shooting, or that
such slave be actually carrying his master's arms to or from muster, or to
or from his master's plantation, by a special ticket for that purpose, or
unless such slave be found in the day time actually keeping off rice birds
or other birds within the plantation to which such slave belongs, lodging
the same gun at night within the dwelling house of his master, mistress
or white overseer ; provided always nevertheless, that no master, mistress
OF SOUTH CAROLINA 387
Acts relating to Slaves. ^- ^^ ^^^^•
or overseer shall license above one slave in a plantation to be possessed of
a gun for the purpose aforesaid, on pain of the forfeiture of forty shillings
for every such otience, to be recovered and distributed like the other for-
feitures in manner aforesaid, except as before excepted ; and provided also,
that no negro or other slave shall have liberty to carry any gun, cutlass,
pistol, or other weapon, abroad from home, at any time between Saturday
evening after sun set and Monday morning before sun rise, notwithstanding
a license or ticket for so doing ; and every gun, pistol, sword, cutlass, or
other oifensive weapon, which shall be found in the custody of any slave
not qualified to carry or keep the same as aforesaid, shall be forfeited to
the finders or other persons seizing the same, who are hereby impowered
to seize and detain the same to their own use, without other form, law or
process ; and if any such person be sued for so doing, he may plead the
general issue, and give this Act with any other matter in evidence.
V. And he it further enacted by the authority aforesaid. That if any
slave so intrusted or licensed as aforesaid to keep or carry a gun, pistol or
cutlass, shall shoot or kill any person^s cattle, sheep, hogs or poultry, other
than his owner's, or shall suffer it out of his custody to any other slave,
who shall do such like injuries, the owner or manager of such slave so
entrusted, shall in such case forfeit to the party injured, double the value
of the thing so killed, to be recovered by warrant of any justice residing
in the parish where such injury is done, upon proof thereof by such offen-
ding slave's confession, or by the oath of any one white man, or evidence
of two slaves, Avhom the said justice shall have reason to believe on the
circumstances before him ; and the slave so offending shall be ordered to
be whipt not exceeding twenty laslies.
VI. And he it further enacted by the authority aforesaid, That every
master or head of any family, shall keep all his guns and other arms,
when out of use, in a room locked, upon pain of forfeiting three pounds
current money, if convicted of neglect therein before any justice of peace.
VII. And he it further enacted by the authority aforesaid , That no owner
or overseer shall give any slave or slaves a ticket or letter to go to Charles-
town, or from plantation to plantation, on Sundays, except it be on some
particular occasion as cannot be delayed to another time, and that the
business be specified in every such ticket, or shall have a letter, on pain
of the forfeiture of twenty shillings, to be recovered from the said owner
or owners before any justice of the peace for that county ; and such slave
is to be dealt with as if he had no ticket or letter.
VIII. And he it further enacted, by the authority aforesaid. That upon
complaint made to any justice of the peace of any heinous crime com-
mitted by any slave or slaves, where clergy is taken away by the laws of
England or this Province, the said justice is hereby required to issue his
warrant for apprehending the oflender or offenders, and for all persons to
come before him that can give evidence thereof; and if it appeareth pro-
bable that the apprehended slave is guilty of any such crime, or of burning
stacks of rice, tar kilns, barrels of tar, pitch or turpentine, which are
hereby declared to be felony without benefit of clergy, the said justice
shall commit every such offender to prison, or immediately proceed to
trial of the said slave or slaves, according to the form hereafter specified,
and also to certify to any neighbouring justice of the said county the said
cause, and require him, by virtue of this Act, to associate with him, which
said justice is hereby required so to do ; and the said justices so associated,
are to issue their summons to three sufficient freeholders, acquainting them
388 STATUTES AT LARGE
A. D. 1735. Acts relating to Slaves.
with the matter, and appointing a day, hour and place when and where
the same shall be heard and determined ; at which day, hour and place the
said justices shall cause the offenders and witnesses to come before them ;
and if they, with the said freeholders, on hearing the matter, (the said
freeholders being first sworn by the said justices to judge uprightly and
according to evidence,) shall find such slave or slaves guilty thereof, they
shall thereupon give sentence of death, and forthwith, by their warrant,
cause immediate execution to be done by the common executioner or any
constable of the said parish, in such manner as they shall think fit ; the
kind of death to be left to their judgment and discretion who are the
tryers of such otFenders, and the charge of the prosecution to be paid by
the master, mistress or owner of the slave if convicted, and the prosecu-
tor to pay the same if such slave be acquitted.
IX. And be it further enacted by the authority aforesaid, That two
justices and one freeholder, or one justice and two freeholders, of the said
two justices and three freeholders, shall make a quorum, and the convic-
tion or acquittal of any slave or slaves by such a quorum of them, shall be
final.
X. And he it Jurtlier enacted by the authority aforesaid. That in case
any negro or other slave shall be accused and convicted before two justices
and three freeholders as aforesaid, of feloniously stealing any goods, chat-
tels, wares or merchandizes, exceeding the value of twenty shillings,
current money, every such slave shall, for the first offence, be branded with
an R on the right cheek, with a red hot iron, and be whipped not exceed-
ing twenty lashes ; and for the second offence of the like or greater value,
if it shall appear to the justices that he was before convicted of a former
felony of the said value of twenty shillings, such slave shall, in such case,
be branded with an R on the left cheek, with a red hot iron, and be whip-
ped not exceeding forty lashes; and for the third ofience, every such slave
shall suffer death.
XI. And he it further enacted by the authority aforesaid. That every
slave who shall be guilty of any other felonious crime where a white man is
allowed the benefit of clergy, and ought to be punished by burning in the
hand, a slave shall be burned with the letter R in the forehead; and on
conviction of the second offence of that degree, he or she shall suffer
death, after the record is produced of the former conviction. And in case
any slave shall appear, before any one justice of peace, to be guilty of
stealing any fowls, lambs, pigs, hogs, calves or poultry, or any other edible
matter or other thing, under the value of twenty shillings, every such
slave shall be ordered to be punished by whipping only, not exceeding
thirty lashes. And on conviction of any slave or slaves for the offences
aforementioned, the tryer or tryers of the same may award a forfeiture to
the party injured, from the owner or owners of such convicted slave or
slaves, to answer the damage done for every such offence, not exceeding
in the whole the sum of twenty pounds ; excepting always where such
convicted slave or slaves be put to death, in which case no forfeiture shall
be awarded against the owner or owners. And in case the said justices
and freeholders, or any of them, shall neglect or refuse to perform the
duty by this Act required, he or they shall severally, for each default, for-
feit the sum of ten pounds.
XII. And he it further enacted by the authority aforesaid, That if any
person shall send his slave out of this Province, that hath killed another
slave, or committed a felony, before such slave is duly tried and punished
OF SOUTH CAROLINA. 389
Acts relatmg to Slaves. A. D. 1735.
for the same, the owner of every such offending slave, so sent off, know-
ing him to be guilty of such crime, shall pay to the person injured, do ble
the value of the slave so killed, or goods so stolen. And in case any per-
son shall send, or cause to be sent, any slave off this Province, having
killed a white person, that such slave may escape execution, every such
person, so ofiending, shall forfeit the sum of five hundred pounds, half of
which is to go to his Majesty, for the support of this government, and the
other moiety to the informer who shall sue for the same in any court of re-
cord in this Province.
XIII. And be it further enacted by the authority aforesaid , That if any
slaves shall make, or raise, or confederate or conspire to make, an insur-
rection or mutiny, or to rise against the white people, or against the autho-
rity and government of this Province, or shall prepare for that purpose
any offensive weapons or ammunition, the offenders shall be tried in man-
ner aforesaid, by any two justices of peace, associated together with three
freeholders, who are hereby empowered and required, on the penalty afore-
mentioned, to hear and determine the said offences, and to order and award
immediate execution of death, or other punishment, in such manner as
they shall think fit, upon the offenders. And if any person or persons
shall make away or conceal any slave or slaves suspected to be guilty of
the crimes last aforementioned, and not produce them on demand, every
such person shall forfeit the sum of two hundred and fifty pounds, current
money, for every slave so concealed or made away. Provided nevertheless,
that when and as often as any of the crimes aforesaid shall be committed
by more than one slave at a time, that shall deserve death, that in all such
cases, if the justices and freeholders who shall try such slaves, or a quo-
rum of them, shall think fit, and accordingly order, that one or more of the
said criminals should suffer death, by way of example, and the rest be re-
turned to their respective owners, that then the owners of the slaves so re-
turned, shall, respectively, bear a proportionable loss of the slave or slaves
so put to death, as shall be allotted them by the said justices and freehol-
ders, or a quorum of them, so that the slave or slaves so put to death be
not valued at a sum exceeding two hundred pounds per head, current mo-
ney, severally and respectively; which said allotment, the said justices and
freeholders, or a quorum of them, are hereby empowered to levy, by war-
rant of distress, on the goods and chattels of the person or persons who
shall be allotted to pay the same ; and the said goods and chattels shall be
sold at public outcry, to satisfy the sum or sums so allotted, and the over-
plus, if any there be, shall be returned to the respective owners; in which
case, as often as it happens, no charge shall affect the public.
XIV. And be it further enacted by the authority aforesaid. That the
confession of any slave accused, or the testimony of any other slave or
slaves, attended with circumstances of truth and credit, shall be deemed
good and convincing evidence on the trial of any slave or slaves for any
of the crimes aforesaid, or any other crimes, capital or criminal; of the
strength of which evidence, the said justices and freeholders who try the
same, are hereby made sufficient and competent judges.
XV. And whereas, divers ill disposed persons have heretofore attempted
to allure and steal away slaves, with the specious pretences of promising
them freedom in another country ; Be it therefore further enacted by the au-
thority aforesaid. That if any white man, free man or servant, shall at any
time, directly or indirectly, persuade or allure any slave or slaves to depart
from his, her or their owner's service, or the service to which any such
390 STATUTES AT LARGE
A. 1). 1735. . Acts relating to Slaves.
slave or slaves are by his or their owners appointed, with an intent or de-
sign to send or carry any such slave or slaves out of this Province, every
such person, so offending, shall forfeit and pay to the owner or owners so
grieved, the sum of live hundred pounds, current money, for every slave so
allured and persuaded, to be recovered by action of debt, in the court of
common pleas in this Province, at any time within six months after the
offence committed ; and in case such person shall not satisfy the judgment
that shall in such case go against him, within thirty days, the provost
marshal shall make application to the next magistrate, who, on such default
of payment, shall order every such otiender to be branded in the forehead
and be publicly whipped, not exceeding thirty-nine lashes. But if any
person or persons shall actually send or carry away out of this Pro-
vince, the slave or slaves of another person, without the owner ^s con-
sent or privity, or shall be taken in the act of taking or carrying away any
slave or slaves, in order to send or convey them out of this Province, eve-
ry such offence is hereby declared felony, without benefit of clergy; and
if the person or persons so offending, shall be legally convicted thereof at
the court of general sessions, assize and general goal delivery, he shall
suffer death as a felon, accordingly.
XVI. And be it further enacted by the authority aforesaid. That in case
any negro or slave shall run away from his owner, with intent to go off
this Province, in order to deprive his owner of his service, every slave, be-
ing declared guilty of the same by two justices and three freeholders, or a
quorum of them, as aforesaid, shall be subject to suffer such corporal pun-
ishment as the said justices and freeholders shall think proper. And if se-
veral slaves be concerned in a gang together, in running away off this
Province, and be re-taken, one or two, or more, of whom, the said justices
and freeholders shall think the greatest offenders, shall suffer death, and
the rest shall be punished as the said justices and freeholders shall think
reasonable. And the owner or owners of the negroes saved shall contribute
equally, as aforesaid, to make up to the other owner or owners the loss sus-
tained by the slave or slaves so executed ; and if all the gang so taken
shall belong to one person, he shall bear the loss himself. And in case any
negro or slave shall be guilty of enticing or persuading any other slave to
run from his owner's service, and to depart this Province, and being con-
victed of the same before the justices and freeholders, in manner aforesaid,
such negro or slave shall be severely whipped, not exceeding thirty-nine
lashes, and shall also be branded on the forehead with a red hot iron.
XVII. And be it further enacted by the authority aforesaid. That if any
negro or slave shall strike a white person, such negro or slave, for his or her
first offence, on information thereof, upon oath, to any two justices of the
peace, shall be severely whipped, and have his or her right ear cut off;
and for the second offence of that kind, it shall be left to two justices and
three freeholders, or a quorum of them, as aforesaid, to order any punish-
ment to be inflicted on such offender, as the}-, in their discretion, shall think
fit, death excepted. And in case any negro or slave shall wound, maim,
bruise or disable any white person, such offender is to be tried by two jus-
tices and freeholders, as aforesaid, and, convicted thereof, shall be pun-
ished with death; Provided always, that such striking, conflict or maim-
ing be not by command, or in the lawful defence of, his or her owner or
manager, or of their family or goods.
XVIII. And he it further enacted by the authority aforesaid. That any
two justices of the peace, who, together with three freeholders, shall, by
OF SOUTH CAROLINA. 391
Acts relating to Slaves. ^- ^' ^l^^'-
virtue of this Act, proceed to try any negro or slave, shall fairly write, or
cause to be written, the proceedings, judgment and execution, and all
other matters relating thereto, and the same shall certify to the clerk of
the crown and peace, in Charlestown, within three months after such trial,
there to be by such clerk kept as a record of such proceedings, upon pain
of forfeiting to the informer, for every such neglect or default, tiie sum of
ten pounds from each of the said justices and freeholders, to be recovered
by warrant of distress from the chief justice and any two other of the
puisne judges or justices, who are hereby empowered to order such distress
to be sold by public outcry, and the overplus to be returned to the owner.
XIX. And he it further enacted by the authority aforesaid. That all
such persons as shall apprehend and secure any runaway slave, and shall
bring him or her to his or their proper owner, shall receive twenty shillings
from the said owner, or from the manager of the plantation to which such
runaway belongs, and also twelve pence per mile for the mileage, going to
such owner or manager. But if they know not the owner of such runa-
way, or that the dwelling or plantation of such owner be further off than
Charlestown, then they shall bring the said slaves to the next constable,
who shall dehver such runaway slave or slaves to the constable of the next
Parish, and so on till such slave or slaves shall be delivered to his, her or
their owner, or to the provost marshal, in Charlestown, within live days af-
ter such slave is taken, upon pain of forfeiting the sum of twenty shillings
for every day above the said five days, after a reasonable time be allowed
for the journey, and provided such slave be able to travel ; which said pro-
vost marshal or owner, is hereby required to pay the allowance aforesaid,
for the apprehending and mileage, as aforesaid, which, if paid by the mar-
shal, shall be re-paid by the owner. And any white person dehvering any
fugitive slave to the marshal, as aforesaid, shall certify his name, place
of abode, with time and place where such slave was taken or delivered to
him , and that he knew of no ticket such slave had ; all which the provost
marshal is to publish in the gazette, and in case there be no gazette, then
in some other notable manner ; and shall sign the deliverer a receipt for such
negro or slave given into his custody. And in case the provost marshal
shall refuse payment to any person who shall bring him a fugitive slave, as
is hereinbefore provided, upon complaint thereof to any justice of peace,
the same is hereby directed to be recovered as provided by the law for the
trial of small and mean causes.
XX. And forasmuch as slaves are sometime suspected to be runaway for
want of sufficient allowance and provisions ; Be it further enacted by the
authority aforesaid. That if it shall appear to any two justices of the peace,
that the slaves in any plantation of that parish are not sufficiently provided
with victuals, the said justices and two freeholders, or a quorum of fhem,
shall have power to condemn the owners, managers, or the attornies of the
owners of such slaves, in the forfeiture of any sum not exceeding twenty
pounds, current money, and to order execution for the same, if payment
be refused on demand thereof.
XXI. And be it further enarted by the authority aforesaid. That it
shall and may be lawful to and for the provost marshal, or his gaoler, to de-
tain all such runaway slaves in custody, till the said marshal or gaoler is
satisfied the money he advanced for the same to the deliverer, as by this
Act is before directed, and the, further sum of one shilling in the pound
for advancing the same, and also the sum of five shillings for every twenty-
four hours the said slave has been in his custody, rateably and proportion-
ably, ten shillings for putting on and knocking oft' the irons, and no other
392 STATUTES kT LARGE
A. I). 1735. Acts relating to Slaves.
fee whatsoever. And if the said marshal or gaoler shall voluntarily suffer
any slave or slaves to escape out of his custody or power, before they be
delivered to the owner or manager, or to some person by their order, in
writing, the marshal or gaoler shall, in such case, forfeit and pay to the
said owner or manager, the full value of the slave or slaves so escaped, to
be recovered by action of debt in the court of common pleas in this Pro-
vince ; Provided nevertheless , that if the said slave or slaves shall be re-
taken, the marshal or gaoler shall restore the same to the said owner or
manager, on his request thereof, and on returning the money which he
was paid for the same by the said marshal or gaoler, but the said owner is
to bo exempt from all fees occasioned by such recaption.
XXII. And he it further enacted by the authority aforesaid, That if
the marshal or gaoler shall work, or employ, or suffer any slave in his cus-
tody to be worked or employed, which was delivered into the custody of
the said marshal as a fugitive slave, or shall suffer such slave to want suffi-
cient food and water, the said marshal or gaoler shall, for every day's
otience, forfeit to the owner or manager of the said slave, the sum of ten
shillings, from the first day he was received into the prison ; and if the said
marshal, gaoler, or other person having custody as aforesaid of any slave or
slaves delivered to him or them as fugitive slaves, shall let any such slave or
slaves starve or perish for want of sufficient food and water, or dry lodg-
ing, the said marshal, gaoler, or othei person having such slave or slaves in
custody as aforesaid, shall pay to the owner or manager of such slave or
slaves, the full value of the same, to be appraised by any three free-
holders, by order of any two justices of the peace ; and the said appraised
value is to be recovered witliin six months after the death of the said slave
or slaves, by action of debt in the court of common pleas of this Province.
XXIII. And be it further enacted by the authority aforesaid, That every
field officer, captain, commander and lieutenant of a company within this
Province, shall be, and is hereby, required and empowered, on notice given
to him or them of the haunt, cabal, residence or hiding place of any runa-
way or other slaves, to raise a convenient party of men as a patroll, with
equal privileges and power of a patroll, and with them to pursue and appre-
hend the said slaves, alive or dead ; and for every runaway slave taken
alive and brought to his owner, (if run away above six months before,) they
shall receive ten pounds from the said master or owner ; and if refused,
shall recover the same as provided by laAV for the trial of small and mean
causes.
XXIV. And he it further enacted by the authority aforesaid, That in case
any person or persons whatsoever, whether a free man or a slave, shall happen
to be wounded, maimed or disabled, either in pursuing, attacking or taking
any such runaway slave or slaves, then it shall and may be lawful for any
two justices of the peace and three freeholders, on the said person's oath or
other evidence, to adjudge and determine what shall be allowed to the per-
son so wounded, maimed or disabled, and, by virtue of an order under their
hands and seals, shall direct the pubhc receiver to pay to the said person or
persons such sum or sums of money as they shall think fit for his or
their relief, which the said receiver is hereby required to pay accordingly.
XXV. And he it further enacted by the authority aforesaid, That if any
negro or other slave shall harbor or entertain, conceal or give victuals to,
any runaway slave, upon complaint thereof to any one justice of peace,
such negro or other slave, by order of the said justice, shall be severely
whipped, not exceeding thirty-nine lashes.
OF SOUTH CAROLINA. 393
Acts relating to Slaves. A. D. 1735.
XXVI. And wliereas, several owners of slaves do suffer their slaves to go
vt^here they will, and work where they please, upon condition that such slaves
do pay their said owners a certain sum of money, agreed upon between
the said owners and slaves, which practice has occasioned such slaves to
pilfer and steal, to raise money for their said owners, as well as to maintain
themselves and companions in drunkenness and evil courses ; for the pre-
vention whereof, lie it enacted by the authority aforesaid, That no owner,
master or mistress of a family, after the ratification of this Act, shall suffer
or permit any slave of his, hers or theirs, to go whither or work where they
please, under the penalty of forfeiting ten pounds current money for every
such offence ; to be paid to the informer or any person who shall sue for
the same, to be recovered as is directed by the law for the trial of small and
mean causes. And every person employing any slave without a ticket
from the owner of such slave, shall forfeit, to the informer, five pounds cur-
rent money, for each day he so employs him, over and above the wages
agreed to be paid to such slave for his work ; 'Provided nevertheless., that
the said penalty of five pounds per diem, shall not extend to any person
whose property in such slave is disputed ; and provided, that nothing here-
in contained shall hinder any person or persons from hiring out by the
year, week or day, or any other time, any negroes or slaves, to be under
the care and directon of his or their owner, master or employer ; and that
the master or owner is to receive the whole of the earnings of such slave
or slaves ; and that the employer have a certificate or note in writing, of
the time and terms of such slave's employment, from the owner, attorney
or overseer of every such slave, severally and respectively.
XXVII. And he it further enacted by the authority aforesaid. That no
person whatsoever, from and after the ratification of this Act, shall settle
or manage any plantation, cowpen or stock, wherein ten taxable negroes or
slaves shall be employed, without one white man living and residing on the
said plantation, upon the penalty or forfeiture of ten pounds current money,
for every month any person shall so offend,; half which to go to the infor-
mer, and the other half to the poor of the parish where such plantation lies,
to be recovered as provided by the law for the trial of small and mean
causes.
XXVIII. And be it further enacted by the authority aforesaid, That if
any slave under punishment by his owner or his authority, or by authority
of this Act, for running awayf or other crime or misdemeanor towards his
said owner, shall suffer in life or member, no person shall be liable to
answer for the same ; but if any person shall cruelly or willfully kill a
slave of his own, he or she shall pay into the treasury five hundred pounds
current money; to be recovered by the public treasurer, by bill, plaint or
information, in any court of record in this Province. But if any person
shall cruelly or wilfully kill the slave of another, except as before excepted,
he shall pay the owner the value of the same, and shall pay the public
treasurer the sum also of five hundred pounds current money, to be
recovered in manner last aforesaid, both which forfeitures so payable to the
treasurer, shall enure one half to his Majesty for the support of this govern-
ment, and the other half to such person or party who shall inform and sue
for the same; and such person shall not be liable to any further punish-
ment or forfeiture for the same. But if any person so offending, be unable
to satisfy the value or forfeitures aforesaid, such person shall, by order of
any two justices, be whipped on the bare back, not exceeding thirty-nine
lashes, and shall serve the owner of the slave so killed, or his assigns, the
VOL. VII— 50.
394 STATUTES AT LARGE
A. D. 1735.
Acts relating to Slaves.
full term of three years, in satisfaction of the said owner's loss of his slave ;
but if any person's slave shall be killed by accident, the owner of such slave
is left to his action at law, and no other penalty shall affect any person
who happens to kill any slave by accident. But if any person shall hnd or
perceive any negro or slave stealing, robbing, or committing burglary, (and
that such negro or slave runs away, resists or refuses to submit,) in such
case> it shall and may be lawful for any such person perceiving such actual
or intended mischief, to kill every such negro or slave, and shall not be
liable to any damage for the same ; any law, usage or custom to the contra-
ry notwsthstanding.
XXIX. And be it further enacted by the authority aforesaid, That if any
person shall be sued or prosecuted for what he shall do in performance,
execution, or by virtue of this Act, every such person may plead the gene-
ral issue, and give this Act and the special matter in evidence. And if the
plaintiff or prosecutor shall suffer a discontinuance, or become non-suit, or
that a verdict pass against him, the defendant shall recover his treble cost
of suit, and shall have such remedy to compel the payment of the same, as
is usually given for the recovery of costs.
XXX. And he it further enacted by the authority aforesaid. That all
and every person and persons, for every matter or thing whatever, which,
before the ratification of this Act, has been done by them in performance,
execution or by virtue of a former Act, entitled "An Act for the better
ordering and governing of negroes and other slaves,'' ratified the twenty-
third day of February, one thousand seven hundred and twenty-two, shall
have hberty to give the said Act and any other matter in evidence, as fully
as if the said Act was still in force, and shall also have the benefit of the said
Act as to the allowance of costs, as if the said Act was still subsisting.
XXXI. And whereas^ great inconveniences do arise from negroes and
other slaves breeding and keeping horses, whereby they convey intelligence
from one part of the country to another, and carry on plots and mischie-
vous contrivances; Be it therefore further enacted by the authority afore-
said, That every justice of the peace, in the county where he lives, who
shall know or hear of any slave keeping any horse, horses, or neat cattle,
shall by warrant empower any constable of that parish to take away and
sell the same ; and the money thereby arising is to be given to the church-
wardens, for the use of the poor of the said parish. And if the owner of
any slave, or other white person, shall vouch such horse or neat beast so
taken, to belong to him or them, the proof of such assertion shall lie upon
the claimer, who shall make oath before the said justice who caused the said
horse or beast to be taken away, that such horse or neat beast, at the time
it was so taken, did, bona fide, belong to him the claimer, and not to any
negro or slave whatever : But if, upon the circumstances, sufficient cause
shall not appear to the said justice why the said horse or beast should not
be sold, at a day and place prefixed for that purpose, the said justice shall
proceed to sell \\iQ said horse or neat beast, or shall cause the same to be
sold ; which sale shall be binding to and against all persons whatsoever. And
it shall be lawful for any person to seize hogs kept by slaves for their own
use, and also all boats and canoes belonging to slaves, who, upon such sei-
zure, are to give notice thereof to any neighboring justice of peace, who
is hereby directed to proceed to sell the same in manner aforesaid ; and if
the person claiming such horse, beast, hogs, boat or canoe, shall sue or
prosecute the seizer or buyer of the same, the defendant or defendants in
the said cause shall be at liberty to plead the general issue, and give the
OF SOUTH CAROLINA. 395
Acts relating to Slaves. "'^ D. 1735.
special matter and this Act in evidence ; and if the plaintift' in such cause
be nonsuit, or shall discontinue his action, or that a verdict pass against
him, the defendant shall recover his treble costs of suit.
XXXII. A?id it is hereby further enacted. That every person who shall
send any slaves with perriaguas, boats or canoes, shall give them a ticket
for that purpose.
XXXIII. And ichereas, it has some times happened, that where slaves have
been convicted of offences capital or criminal, the marshals or constables
have refused to execute the sentence awarded by the justices and freeholders,
there being no law to compel them thereunto, so that slaves have frequently
gone unpunished ; Be it therefore enacted by the authority aforesaid, That in
all cases where slaves shall be convicted of any capital or criminal offence,
the marshal or any constable of the parish where such slave is tried, shall
cause execution to be done on such slave or slaves, according to the direc-
tion of the justices and freeholders who tried the same. And if such mar-
shal or constable, whom the said justices and freeholders, or a quorum of
them, shall appoint for that purpose, shall refuse, he or they shall forfeit
five pounds current money ; to be recovered by warrant of distresss, under
the hands of the said two justices, or of one justice, if such alone had
cognizance of the matter ; which forfeiture shall go to the use of the poor
of the said parish. And the said marshal or constable shall be paid for
branding or cutting off the ear of each slave sentenced to that punishment,
twenty shillings current money ; and for whipping each slave, twenty shil-
lings current money ; to be paid by the owner, attorney or manager of any
plantation to which such slave belongs. And the said marshal or consta-
ble shall have a warrant from any justice of the peace, to recover the same,
if refused. And where a slave is put to death, the marshal or constable, or
person who executes the same in obedience to the sentence of the justices
and freeholders who tried such slave, shall receive from the public trea-
surer, by order drawn for that purpose by the said justices and freeholders,
the sum of five pounds current money, for every slave so executed.
XXXIV. And be it further eriacted, by the authority aforesaid, That all
the fines, forfeitures and penalties in this Act afore mentioned, not exceed-
ing the sum of twenty pounds current money, and not before particularly
disposed of, nor the manner of recovery before directed, nor the time
before limited for commencing suit for the same, shall, from time to time,
and at all times hereafter, within three months, be prosecuted, recovered,
adjudged, levied and distrained for, by warrant from any one justice of the
peace in this Province, as is directed by an Act for the trial of small and
mean causes. And the same being so recovered, the one half shall be paid
to the church-wardens or overseers of the poor, for the use of the pcor of
the parish where the person inhabits against whom such forfeiture or penal-
ty is recovered, and the other half to the person or party that shall sue for
the same. And all the fines, forfeitures and penalties in this Act afore-
mentioned, exceeding the said sum of twenty pounds current money, not
before particularly disposed of, nor the manner of recovery before directed,
the one half shall be paid to the church-wardens or overseers of the poor
of that parish where such penalty or forfeiture is recovered, for the use of
the poor of the said parish, and the other half to the person or party that
shall sue for the same, within six months after the default made or offence
committed, by action of debt, bill, plaint or information, in any court of
record in this province, wherein no essoign, privilege, protection, wager of
law, stay of prosecution, or 7ion vult ulterius prosequi, shall be allowed or
admitted.
396 STATUTES AT LARGE
A. D. 1735. Acts relating to Slaves.
XXXV. And he it further enacted by the authority aforesaid, Tliat all
owners of slaves who, at any time hereafter, shall manumit or set free any
slave, for any particular merit or service, shall make provision for such
slaveys departure out of this Province ; and every such slave who shall not
depart this Province within six months after such manumission or freedom
given, (being at liberty so to do,) or who shall return into this Province
within seven years after such departure, shall lose the benefit of such
manumission and freedom, and continue to be a slave to all intents and
purposes whatsoever, to be sold by the public treasurer for the use of the
public, unless such manumission be approved of and confirmed by an
order of both Houses of Assembly.
XXXVI. And whereas, many of the slaves in this Province wear clothes
much above the condition of slaves, for the procuring whereof they use
sinister and evil methods; for the preventing, therefore, of such practices
for the future. Be it enacted by the authority aforesaid. That no owner or
proprietor of any negro slave or other slave whatsoever, (except livery
men or boys,) shall permit or suffer such negro or other slave to have or
wear any sort of apparel whatsoever, finer, other, or of greater value, than
negro cloth, duffelds, coarse kearsies, osnabrigs, blue linnen, checked
linen or coarse garlix or calicoes, checked cottons or scotch plaids, not
exceeding ten shillings per yard for the said checked cottons, scotch plaids,
garlix or calico, under the pain of forfeiting all and every such apparel
and garment that any person shall permit or suffer his negro or other slave
to have or wear, finer, other, or of greater value than negro cloth, duffelds,
coarse kearsies, osnabrigs, blue linnen, checked linnen, or coarse garlix or
calhcoes, checked cottons or scotch plaids, as aforesaid; and all and every
constable and other persons are hereby authorized, impowered and requir-
ed, when and as often as they shall find any such negro slave or other slive
having on or wearing any sort of garment or apparel whatsoever, finer,
other, or of greater value than negro cloth, duffelds, coarse kearsies, osna-
burgs, blue linnen, checked linnen, or coarse garlix or callicoes, checked
cottons or scotch plaids, as aforesaid, to seize and take away the same to
his and their own use, benefit and behoof; any law or usage to the con-
trary in any wise notwithstanding ; provided always^ that if the owner of
any such slave or slaves shall think the wear or apparel of his said slave
not to be seizable nor liable to be taken away, any neighbouring justice of
the peace is hereby authorized and impowered to determine any difference
or dispute that shall happen thereupon.
XXXVII. And he it further enacted by the authority aforesaid, That if
any owner or master of any negro or other slave shall, after the passing
of this Act, sufi^er any negro or other slave to keep, either in their own
name, or in the name or under the protection of the said owners or mas-
ters, any house or houses of entertainment or trade, shall forfeit the sum
of fifty pounds, current money, to be recovered in like manner as any
forfeiture by this Act above twenty pounds is directed.
XXXVIII. And he it further ewac^e^ by the authority aforesaid. That
in case any person, being lawfully summoned to appear, or to produce
his slave, before the said justices and freeholders, to give evidence against
any slave accused of any crime, shall, without sufficient cause or excuse,
neglect to appear, produce his slave, or refuse to give evidence, every
such person shall, for every such default and offence, forfeit the sum of
twenty-five pounds, current money, to be recovered by bill, plaint, or
information, in any court of record in this Province, the one half of
OF SOUTH CAROLINA. 397
AcU relating to Slaves.
which is to go to his Majesty for the support of this government, and
the other half to the person or party that shall sue for the same within
six months after such default made or otTence committed.
XXXIX. And be it further enacted by the authority aforesaid, That the
justices and freeholders assembled in the manner hereinbefore directed,
one of which justices and two freeholders, or two justices and one free-
holder, agreeing in opinion, shall be deemed a quorum, and are hereby
authorized and impowered to give judgment, and order the same to be put
in execution, against any slave they shall find guilty of the crime or crimes
whereof any such slave shall be accused, or acquit him or them thereof;
which judgment shall be final.
XL. And he it further enacted by the authority aforesaid, That this
Act, and the several matters and powers herein contained, shall be and
continue in force for and during the space of three years, and from thence
to the end of the next sessions of the General Assembly, and no longer.
PAUL JENYS, Speaker.
In the Council Chamher, the 29/'7i March., 1735.
Assented to: ROBT. JOHNSON.
AN ACT FOR THE BETTER ORDERING AND GOVERNING NeGROES AND No. 670.
OTHER Slaves in this Province.
WHEREAS, in his Majesty's plantations in America, slavery has been
introduced and allowed, and the people commonly called negroes, Indians
mulattoes and mustizoes, have been deemed absolute slaves, and the sub- ^'■^*™^'^'
jects of property in the hands of particular persons, the extent of whose
power over such slaves ought to be settled and limited by positive laws, so
that the slave may be kept in due subjection and obedience, and the owners
and other persons having the care and government of slaves may be
restrained from exercising too great rigour and cruelty over them, and that
the public peace and order of this Province may be preserved : We pray
your most sacred Majesty that it may be enacted,
I. And he it enacted, by the honorable William Bull, Esquire, Lieutenant
Governor and Commander-in-chief, by and with the advice and consent ^^ '^° ^\^' J° ''^
of his Majesty's honorable Council, and the Commons House of Assem- *
bly of this Province, and by the authority of the same. That all negroes and
Indians, (free Indians in amity with this government, and negroes, mulat-
toes and mustizoes, who are now free, excepted,) mulattoes or mustizoes
who now are, or shall hereafter be, in this Province, and all their issue and
offspring, born or to be born, shall be, and they are hereby declared to be,
and remain forever hereafter, absolute slaves, and shall follow the condi-
tion of the mother, and shall be deemed, held, taken, reputed and adjudg-
ed in law, to be chattels personal, in the hands of their owners and pos-
sessors, and their executors, administrators and assigns, to all intents
constructions and purposes whatsoever ; provided always, that if any
negro, Indian, mulatto or mustizo, shall claim his or her freedom, it shall
and may be lawful for such negro, Indian, mulatto or mustizo, or any
STATUTES AT LARGE
Acts relating to Slaves.
person or persons whatsoever, on his or her behalf, to apply to the justices
of his Majesty's court of common pleas, by petition or motion, either
during the sitting of the said court, or before any of the justices of the
same court, at any time in the vacation ; and the said court, or any of
the justices thereof, shall, and they are hereby fully impowered to, admit
any person so applying to be guardian for any negro, Indian, mulatto or
mustizo, claiming his, her or their freedom; and such guardians shall be
enabled, entitled and capable in law, to bring an action of trespass in the
nature of ravishment of ward, against any person who shall claim property
in, or who shall be in possession of, any such negro, Indian, mulatto or
mustizo ; and the defendant shall and may plead the general issue on such
action brought, and the special matter may and shall be given in evidence,
and upon a general or special verdict found, judgment shall be given accor-
ding to the very right of the cause, without having any regard to any
defect in the proceedings, either in form or substance ; and if judgment
shall be given for the plaintiff, a special entry shall be made, declaring that
the ward of the plaintiff is free, and the jury shall assess damages which
the plaintiffs ward hath sustained, and the court shall give judgment, and
award execution, against the defendant for such damage, with full costs of
suit ; but in case judgment shall be given for the defendant, the said court
is hereby fully impowered to inflict such corporal punishment, not extend-
ing to life or limb, on the ward of the plaintiff, as they, in their discretion,
shall think fit ; provided always, that in any action or suit to be brought
in pursuance of the direction of this Act, the burthen of the proof shall
lay on the plaintiff, and it shall be always presumed that every negro,
Indian, mulatto and mustizo, is a slave, unless the contrary can be made
appear, the Indians in amity with this government excepted, in which
case the burthen of the proof shall lye on the defendant ; provided also,
that nothing in this Act shall be construed to hinder or re&train an}- other
court of law or equity in this Province, from determining the property of
slaves, or their right of freedom, which now have cognizance or jurisdic-
tion of the same, when the same shall happen to come in judgment before
such courts, or any of them, always taking this Act for their direction
therein.
II. And be it further enacted by the authority aforesaid, That in every
Recognizance, action or suit to be brought by any such guardian as aforesaid, appointed
pursuant to the direction of this Act, the defendant shall enter into a
recognizance, with one or more sufficient sureties, to the plaintiff", in such
sum as the said court of common pleas shall direct, with condition that he
shall produce the ward of the plaintiff at all times when required by the
said court, and that whilst such action or suit shall be depending and
undetermined, the ward of the plaintiff shall not be eloined, abused or
misused.
III. And for the better keeping slaves in due order and subjection, He it
No slave to h^ further enacted by the authority aforesaid. That no person whatsoever shall
absent from permit or suffer any slave under his or their care or management, and who
norn6 without • • • ...
a ticket. lives or is employed in Charlestown, or any other town in this Province,
to go out of the limits of the said town, or any such slave who lives in
the country, to go out of the plantation to which such slave belongs, or in
which plantation such slave is usually employed, without a letter super-
scribed and directed, or a ticket in the words following :
Permit this slave to be absent from Charlestown, (or any other town, or
if he lives in the country, from Mr. plantation, parish,) for
days or hours ; dated the day of .
OF SOUTH CAROLINA. 399
Acts relating to Slaves. ^- ^- ^^■**'-
Or to that purpose or effect ; which ticket shall be signed by the master
or other person having the care or charge of such slave, or by some other
[person] by his or their order, directions and consent ; and every slave who
shall be found out of Charlestown, or any other town, (if such slave Hves
or is usually employed there,) or out of the plantation to which such slave
belongs, or in which [such] slave is usually employed, if such slave lives in
the country, without such letter or ticket as aforesaid, or without a white
person in his company, shall be punished with whipping on the bare back,
not exceeding twenty lashes.
IV. And be it further enacted by the authority aforesaid. That if any
person shall presume to give a ticket or license to any slave who is the Penalty for un-
property or under the care or charge of another, without the consent or '^■'J'^""^''-"^ ,
against the will of the owner or other person having charge of such slave,
shall forfeit to the owner the sum of twenty pounds, current money.
V. And be it further enacted by the authority aforesaid. That if any
slave who shall be out of the house or plantation where such slave shall Slave without
live, or shall be usually employed, or without some white person in com- J^''^'^*^'' '^°^ [<*
pany with such slave, shall refuse to submit to or undergo the examination ^ ^^ ^ ^'""
of any white person, it shall be lawful for any such white person to pursue,
apprehend, and moderately correct such slave ; and if any such slave shall
assault and strike such white person, such slave may be lawfully killed.
VI. Provided always, and be it further enacted by the authority afore-
said, That if any negro or other slave, who shall be employed in the •^'^"''''^ ^°''
lawful business or service of his master, owner, overseer, or other person beating a slave,
having charge of such slave, shall be beaten, bruised, maimed or disabled
by any person or persons not having sutficient cause or lawful authority
for so doing, (of which cause the justices of the peace, respectively, may
judge,) every person and persons so oflending, shall, for every such ofience,
forfeit and pay the sum of forty shillings, current money, over and besides
the damages hereinafter mentioned, to the use of the poor of that parish
in which such offence shall be committed : And if such slave or slaves
shall be maimed or disabled by such beating, from performing his or her
work, such person and persons so offending, shall also forfeit and pay to
the owner or owners of such slaves, the sum of fifteen shillings, current
money, per diem, for every day of his lost time, and also the charge of
the cure of such slave ; and if the said damages, in the whole, shall not
exceed the sum of twenty pounds, current money, the same shall, upon
lawful proof thereof made, be recoverable before any one of his Majesty's
justices of the peace, in the same way and manner as debts are recovera-
ble by the Act for the trial of small and mean causes ; and such justices
before whom the same shall be recovered, shall have power to commit the
offender or ofienders to goal, if he, she or they shall produce no goods on
which the said penalty and damages may be levied, there to remain with-
out bail, until such penalty and damages shall be paid ; any law, statute,
usage or custom, to the contrary notwithstanding.
VII. And be it further enacted by the authority aforesaid. That it shall
and may be lawful for every justice assigned to keep the peace in this Assemblages
Province, within his respective county and jurisdiction, upon his own j^'eVsed.^thdr
knowledge or view, or upon information received upon oath, either to go houses search-
in person, or by warrant or warrants directed to any constable or other 1^ '°' '^''™^'
proper person, to command to their assistance any number of persons as
they shall see convenient, to disperse any assembly or meeting of slaves
which may disturb the peace or endanger the safety of his Majesty's sub-
400 STATUTES AT LARGE
A. D. 1740. j^cts relating to Slaves.
jects, and to search all suspected places for arms, ammunition or stolen
goods, and to apprehend and secure all such slaves as they shall suspect
to he guilty of any crimes or oflences whatsoever, and to bring them to
speedy trial, according to the directions of this Act ; and in case any
constable or other person shall refuse to obey or execute any of the war-
rants or precepts of such justices, or any of them, within their several
limits and precincts, or shall refuse to assist the said justices or constables,
or any of them, when commanded or required, such person or persons shall
forfeit and pay the sum of five pounds, current money, to be recovered by
a warrant under the hand and seal of any other justice of the peace, in
the same way and manner as is directed by the Act for the trial of small
and mean causes.
VIII. And he it further enacted h\ the authority aforesaid, That if any
Persons dam-^ person shall be maimed, wounded or disabled, in pursuing, apprehending or
runaway ° taking any slave that is runaway or charged with any criminal offence, or
slave.s, to be re- in doing any other act, matter or thing, in obedience to or in pursuance of
munerated. ^j^g direction of this Act, he shall receive such reward from the public, as
the General Assembly shall think fit ; and if any such person shall be killed,
his heirs, executors or administrators, shall receive the like reward.
IX. And whereas, natural justice forbids that any person, of what con-
How slaves to dition soever, should be condemned unheard, and the order of civil govern-
^^ T^ ff"'*"^ '^'^■ment requires that for the due and equal administration of justice, some
convenient method and form of trial should be established ; Be it therefore
enacted by the authority aforesaid. That all crimes and offences which shall
be committed by slaves in this Province, and for which capital punishment
shall or lawfully may be inflicted, shall be heard, examined, tried, adjudged
and finally determined by any two justices assigned to keep the peace, and
any number of freeholders not less than three or more than five, in the
county where the offences shall be committed, and who lives in the parts
adjacent, and can be most conveniently assembled ; either of which justices,
on complaint made or information received of any such offence committed
by a slave, shall commit the offender to the safe custody of the constable
of the parish where such offence shall be committed, and shall without de-
lay, by warrant under his hand and seal, call to his assistance and request
any one of the nearest justices of the peace to associate with him, and
shall, by the same warrant, summon such a number of the neighboring
freeholders as aforesaid, to assemble and meet together with the said justi-
ces, at a certain day and place, not exceeding three days after the appre-
hending of such slave or slaves; and the justices and freeholders being so
assembled, shall cause the slave accused or charged, to be brought before
them, and shall hear the accusation which shall be brought against such
slave, and his or her defence, and shall proceed to the examination of wit-
nesses and other evidences, and finally to hear and determine the matter
brought before them, in the most summary and expeditious manner ; and
in case the offender shall be convicted of any crime for which by law the
offender ought to suffer death, the said justices shall give judgment, and
award and cause execution of their sentence to be done, by inflicting such
manner of death, and at such time, as the said justices, by and with the
consent of the freeholders, shall direct, and which they shall judge will be
most effectual to deter others from offending in the like manner.
X. And he it further enacted by tiie authority aforesaid. That if any
crime or offence not capital, shall be committed by any slave, such slave
shall be proceeded against and tried for such offence in the manner herein-
OF SOUTH CAROLINA. 401
Acts relating to Slaves. A.D. 1740.
before directed, by any one justice of the peace and any two freeholders
of the county where the offence shall be committed, and can be most con- ^",''/°' ""^J!' ,
1 111 ■ 1 • • 1 r- ces nut capital.
veniently assembled ; ann the said justice and freeholders shall be assem-
bled, summoned and called together, and shall proceed upon the trial of
any slave who shall commit any offence not capital, in like manner as is
hereinbefore directed for trying of causes capital. And in case any slave
shall be convicted before them of any offence not capital, the said one
justice, by "and with the consent of the said freeholders, shall give judg-
ment for the inflicting any corporal punishment, not extending to the
taking away life or member, as he and they in their discretion shall think
fit, and shall award and cause execution to be done accordingh^ Provided
always, that if the said one justice and two freeholders, upon examination
of any slave charged or accused before them for an ofience not capital,
shall find the same to be a greater offence, and may deserve death, they
shall, with all convenient speed, summons and request the assistance of
another justice and one or more freeholders, not exceeding three, which
said justice and freeholders newly assembled, shall join with the justice
and freeholders first assembled, and shall proceed in the trial, and unto
final judgment and execution, if the case shall so require, in manner as is
hereinbefore directed for the trial of capital offences.
XI. And be it further enacted by the authority aforesaid. That two
justices and one freeholder, or one justice and two freeholders, of the said *^"°™'"-
two justices and three freeholders, shall make a quorum, and the conviction
or acquital of any slave or slaves by such a quorum of them shall be final
in all capital cases ; but on the trial of slaves for offences not capital, it shall
and may be sufficient if before sentence or judgment shall be given for
inflicting a corporal punishment, not extending to life or member, that one
justice and any one of the freeholders shall agree that the slave accused is
guilty of the otrence with which he shall be charged.
XII. A7id he it further enacted by the authority aforesaid, That so soon
as the justice or justices and freeholders shall be assembled as aforesaid,
in pursuance of the direction of this Act, the s&id justices shall administer
to each other the following oath.
I, A B, do solemnly swear, in the presence of Almighty God, that I will
truly and impartially try and adjudge the prisoner or prisoners who shall be ^^^1^-
brought before me, upon his or their trial, and honestly and duly, on my
part, put in execution, on this trial, an Act entitled "An Act for the
better ordering and governing negroes and other slaves in this Province,''
according to the best of my skill and knowledge. So help me God.
And the said justice or justices, having taken the aforesaid oath, shall
immediately administer the said oath to every freeholder who shall be
assembled as aforesaid, and shall forthwith proceed upon the trial of such
slave or slaves as shall be brought before them.
XIII. And for the preventing the concealment of crimes and ofTences
committed by slaves, and for the more effectual discovery and bringing Evidenr-e to be
slaves to condign punishment, Be it further enacted by the authority afore- "^'"'T'' .
said. That not only the evidence of all free Indians, without oath, but the""^'"" ° '^^^^*
evidence of any slave, without oath, shall be allowed and admitted in all
causes whatsoever, for or against another slave accused of any crime or
offence whatsoever ; the weight of which evidence being seriously consider-
ed, and compared with all other circumstances attending the case, shall be
left to the conscience of the justices and freeholders.
VOL. VII.— 51.
402 STATUTES AT LARGE
A. 1). 1740. Acts relating to Slaves.
And free ne
groes.
XIV. And whereas, slaves may be harbored and encouraged to commit
offences, and concealed and received by free negroes, and such free negroes
may escape the punishment due to their crimes, for want of sufficient and
legal evidence against them; Be it therefore further enacted by the autho-
rity aforesaid, That the evidence of any free Indian or slave, without oath,
shall in like manner be allowed and admitted in all cases against any free
negroes, Indians (free Indians in amity with this government, only except-
ed,) mulattoe or mustizoe ; and all crimes and offences committed by free
negroes, Indians, (except as before excepted,) mulaltoes or mustizoes, shall
be proceeded in, heard, tried, adjudged and determined by the justices and
freeholders appointed by this Act for the trial of slaves, in like manner, or-
der and form, as is hereby directed and appointed for the proceedings and
trial of crimes and offences committed by slaves; any law, statute, usage
or custom to the contrary notwithstanding.
XV. And be it further enacted and declared by the authority aforesaid,
Slnves euiltv That if any slave in this Province shall commit any crime or offence what-
of felony, toj so8ver, which, by the laws of England or of this Province now in force,
sutler death, jg ^j. j^g^g haen made felony without the benefit of the clergy, and for which
the offender by law ought to suffer death, every such slave, being duly con-
victed according to the directions of this Act, shall suffer death; to be
inflicted in such manner as the justices, by and with the advice and consent
of the freeholders, who shall give judgment on the conviction of such slave,
shall direct and appoint.
XVI. And ivliereas, some crimes and offences of an enormous nature and
Certain crimes of the most pernicious consequence, may be committed by slaves, as well as
declared felo. other persons, which being peculiar to the condition and situation of this
°y* Province, could not fall Avithin the provision of the laws of England ; Be
it therefore enacted by the authority aforesaid, That the several crimes and
offences hereinafter particularly enumerated, are hereby declared to be
felony, without the benefit of the clergy, that is to say: — if any slave, free
negro, mulattoe, Indian or mustizoe, shall wilfidly and maliciously burn or
destroy any stack of rice, corn or other grain, of the product, growth or
manufacture of this Province, or shall wilfully and maliciously set fire to,
burn or destroy any tar kiln, barrels of pitch, tar, turpentine or rosin, or
any other the goods or commodities of the growth , produce or manufacture
of this Province, or shall feloniously steal, take or carry away any slave,
being the property of another, with intent to carry such slave out of this
Province, or shall wilfully or maliciously poison or administer any poison to
any person, free man, woman, servant or slave, every such slave, free
negro, mulattoe, Indian, (except as before excepted,) and mustizoe, shall
suffer death as a felon.
XVII. And he it further enacted by the authority aforesaid. That any
Homicide and ^^^^^ who shall be guilty of homicide of any sort, upon any white person,
insiin-pction, except by misadventure, or in defence of his master or other person under
how to be whose care and government such slave shall be, shall, upon conviction
pumsie thereof as aforesaid, suffer death; and every slave who shall raise or attempt
to raise an insurrection in this Province, shall endeavor to delude or entice
any slave to runaway and leave this Province, every such slave and slaves,
and his and their accomplices, aiders and abettors, shall, upon conviction as
aforesaid, suffer death; Provided always, that it shall and may be lawful to
and for the justices who shall pronounce sentence against such slaves, by and
with the advice and consent of the freeholders as aforesaid, if several slaves
shall receive sentence at one time, to mitigate and alter the sentence of any
OF SOUTH CAROLINA. 403
Acts relating to Slaves. A- D- 1''40.
slave other than such as shall be convicted of the homicide of a white per-
son, who they shall think may deserve mercy, and may inflict such corporal
punishment, (other than death,) on any such slave, as they in their discre-
tion shall think fit; any thing herein contained to the contrary thereof in
any wise iiotwithstanding ; Provided always, that one or more of the said
slaves who shall be convicted of the crimes or offences aforesaid, where
several are concerned, shall be executed for example, to deter others from
offending in the like kind.
XVIII. And to the end that owners of slaves may not be tempted to
conceal the crimes of their slaves to the prejudice of the public, Be i< y^r- Compensation
tker enacted by the authority aforesaid, That in case any slave shall be put*° owners of
to death in pursuance of the sentence of the justices and freeholders afore- ted.
said, (except slaves guilty of murder, and slaves taken in actual rebellion,)
the said justices, or one of them, with the advice and consent of any two
of the freeholders, shall, before they award and order their sentence to be
executed, appraise and value the said negroes so to be put to death, at any
sum not exceeding two hundred pounds current money, and shall certify
such appraisement to the public treasurer of this Province, who is hereby
authorized and required to pay the same ; one moiety thereof, at least, to
the owner of such slave or to his order, and the other moiety, or such part
thereof as such justices and freeholders shall direct, to the person injured
by such ofience for which such slave shall suffer death.
XIX. And be it further enacted by the authority aforesaid, That the
said justices, or any of them, are hereby authorized, empowered and requi- Justices may
red, to summons and compel all persons whatsoever, to appear and to give compel per-
evidence upon the trial of any slave; and if any person shall neglect or e°"je|i" f/^''
refuse to appear, or appearing, shall refuse to give evidence, or if any mas-
ter or other person who has the care and government of any slave, shall
prevent or hinder any slave under his charge or government, from appear-
ing or giving evidence in any matter depending before the justices and
freeholders aforesaid, the said justices may, and they are hereby fully em-
powered and required to, bind every such person offending as aforesaid,
by recognizance with one or more sufficient sureties, to appear at the next
general sessions, to answer such their offences and contempt ; and for default
of finding sureties, to commit such offender to prison.
XX. And be it further enact edhy the authority aforesaid, That in case „ u
the master or other person having charge or government of any slave whoconcWlin""^ ac-
shall be accused of any capital crime, shall conceal or convey awav anv*^"^'^'* ^'^^e.
such slave, so that he cannot be brought to trial and condign punishment,
every master or other person so offending, shall forfeit the sum of two hundred
and fifty pounds current money, if such slave be accused of a capital
crime as aforesaid ; but if .such slave shall be accused of a crime not capi-
tal, then such master or other person shall only forfeit the sum of fifty
pounds current money.
XXI. And be it further enacted by the authority aforesaid. That all and
every the constable and constables in the several parishes within this Pro- Constables to
vince where any slave shall be sentenced to suffer death or other punish-*'''*''?"'" ""■
ment, shall cause execution to be done of all the orders, warrants, precepts andTheir'fees!
and judgments of the justices hereby appointed to try such slaves ; for the
charge and trouble of which the said constable or constables, respectively,
shall be paid by the public treasurer of this Province, upon a certificate
produced under the hands of the said justice or justices before whom such
negroes or slaves shall be tried ; unless in such cases as shall appear to the
404 STATUTES AT LARGE
A. D. 1740. Acts relating to Slaves.
said justices and freeholders to be malicious or groundless prosecutions, in
which cases the said charges shall be paid by the prosecutors ; for whipping
or other corporal punishments not extending to life, the sum of twenty shil-
lings; and for any punishment extending to life, the sum of five pounds
current money ; and such other charges for keeping and maintaining such
slaves, as are allowed to the warden of the work house in Charlestown, for
keeping and maintaining any slave committed to his custody ; for the levy-
ing of which charges against the prosecutor, the justice or justices are
hereby empowered to issue their warrant. And that no delay may happen in
causing execution to be done upon such offending slave or slaves, the con-
stable who shall be directed to cause execution to be done, shall be, and is
hereby, empowered to press one or more slave or slaves, in or near the
place where such whipping or corporal punishment shall be ordered to be
inflicted, to whip or inflict such other corporal punishment upon the offender
or offenders; and such slave or slaves so pressed, shall be obedient to and
observe the orders and directions of the constable in and about the premi-
ses, upon pain of being punislied by the said constable, by whipping on the
bareback, not exceeding twenty lashes, which punishment the said consta-
ble is hereby authorized and empowered to inflict; and the constable shall,
if he presses a negro, pay the said negro five shillings out of his fee for
doing the said execution.
XXII. And he it fmthcr enacted by the authority aforesaid. That if any
I'eiiiilty for person in this Province shall, on the Lord's day, commonly caffed Sunday,
employ any slave in any work or labour, (works of absolute necessity and
the necessary occasions of the family only excepted,) every person in
such case offending, shall forfeit the sum of five pounds, current money,
for every slave they sliall so work or labour.
XXIII. And be itfvrtlicr enacted by the authority aforesaid, That it shall
Slnve not to not be lawful for any slave, unless in the presence of some white person,
*wi'tlv()ur^a'"'^**^ carry or make use of fire arms, or any offensive weapons whatsoever,
ticket. unless such negro or slave shallhave a ticket or license, in writing, from
his master, mistress or overseer, to hunt and kill game, cattle, or mischie-
vous birds, or beasts of prey, and that such license be renewed once every
month, or unless there be some white person of the age of sixteen years
or upwards, in the company of such slave, when he is hunting or shooting,
or that such slave be actually carrying his master's arms to or from his
master's plantation, by a special ticket for that purpose, or unless such slave
be found in the day time actually keeping oft^ rice birds, or other birds,
within the plantation to which such slave belongs, lodging the same gun
at night within the dwelling house of his master, mistress or white overseer ;
and 2>rovided also, that no negro or other slave shall have liberty to carry
any gun, cutlass, pistol or other weapon, abroad from home, at any time
between Saturday evening after sun-set, and Monday morning before sun-
rise, notwithstanding a license or ticket for so doing. And in case any per-
son shall find any slave using or carrying fire arms, or other offensive wea-
pons, contrary to the true intention of this Act, every such person may
lawfully seize and take away such fire arms or offensive weapons. But be-
fore the property of such goods shall be vested in the person who shall
seize the same, such person shall, within forty-eight hours next after such
seizure, go before the next justice of the peace, and shall make oath of the
manner of the taking; and if such justice of the peace, after such oath
shall be made, or if, upon any other examination, he shall be satisfied that
working on
Suuday
OF SOUTH CAROLINA 405
Acts relating to Slaves. A. D. 1740.
the said fire arms or other offensive weapons shall have been seized accor-
ding to the direction and agreeable to the true intent and meaning of this
Act, the said justice shall, by certificate under his hand and seal, declare
them forfeited, and that the property is lawfully vested in the person who
seized the same : Provided always, that no such certificate shall be granted
by any justice of the peace, until the owner or owners of such fire arms or
other offensive weapons so to be seized as aforesaid, or the overseer or
overseers who shall or may have the charge of such slave or slaves from
whom such fire arms or other offensive weapons shall be taken or seized,
shall be duly summoned, to shew cause, if any such they have, why the
same should not be condemned as forfeited , or until forty-eight hours after
the service of such summons, and oath made of the service of such sum-
mons before the said justice.
XXIV. And he il further enacted by the authority aforesaid. That if any
slave shall presume to strike any white person, such slave, upon trial and S'J}vps who
conviction before the justice or justices and freeholders, aforesaid, accord- ppfg„„^ h^w'to
ing to the directions of this Act, shall, for the first and second offence, suf- be dealt with,
fer such punishment as the said justice and freeholders, or such of them
as are empowered to try such otiences, shall, in their discretion, think fit,
not extending to life or limb ; and for the third offence, shall suffer death.
But in case any such slave shall grievously wound, maim or bruise any
white person, though it be only the first offence, such slave shall suffer
death. Pronided always, that such striking, wounding, maiming or bruis-
ing, be not done by the command, and in the defence of, the person or pro-
perty of the owner or other person having the care and government of such
slave, in whi<di case the slave shall be wholly excused, and the owner or
other person having the care and government of such slave shall be answer-
able, as far as by law he ought.
XXV. And be it further enacted, by the authority aforesaid. That it
shall and may be lawful for every person in this Province, to take, appre- ^[""^^^"'^^'1^^^^
hend and secure any runaway or fugitive slave, and they are hereby direc- up, how to be
ted and required to send such slave to the master or other person having '^'^pos^^ °f-
the care or government of such slave, if the person taking up or securing
such slave knows, or can, without difficulty, be informed, to whom such slave
shall belong ; but if not known or discovered, then such slave shall be sent,
carried or delivered into the custody of the warrlcn of the work-house in
Charlestown ; and the master or other person who has the care or govern-
ment of such slave, shall pay for taking up such slave, whether by a free
person or slave, the sum of twenty shillings, current money ; and the war-
den of the work-house, upon receipt of every fugitive or runaway slave, is
hereby directed and lequired to keep such slave in safe custody until such
slave shall be lawfully discharged, and shall, as soon as conveniently it may
be, publish, in the weekly gazette, such slave, with the best descriptions he
shall be able to give, first carefully viewing and examining such slave, na-
ked to the waist, for any mark or brand, which he shall also publish, to the
intent the owner or other person who shall have the care and charge of
such slave, may come to the knowledge that such slave is in custody. And
if such slave shall make escape through the negligence of the warden of the
work-house, and cannot be taken within three months, the said warden of
the work-house shall answer to the owner for the value of such slave, or
the damage which the owner shall sustain by reason of such escape, as the
case shall happen.
XXVI. And be it further enacted by the authority aforesaid. That the
406 STATUTES AT LARGE
■^ • !>• l''40. Acts relating to Slaves.
said warden of the work-house shall, at the charge of the owner of such
deu'^ " ^^'''^'slave, p'-ovide sufficient food, drink, clothing and covering, for every slave
delivered into his custody, and shall keep them to moderate labour, and
advertize them in the gazette, in the manner aforesaid, and on failure there-
of, shall forfeit all his fees due for such slave ; and the said warden is
hereby directed and required to cause every such slave delivered into his
custody as a runaway, upon receipt of such slave, to be whipped on the
bare back, not exceeding twenty lashes; and on failure thereof , shall forfeit
all his fees due for such slave.
XXVIL And he it further enacted by the authority aforesaid. That any
Proceeding's person who shall take up any runaway slave, and shall deliver such slave
when appre- either to the master or other person having the care or charge of such
heiided ruiia- gijive or to the Warden of the work-house, shall be entitled to receive from
deliver.'d to the owiier or warden of the work-house, upon the delivery, fifteen pence,
vs'arden, &c. current mone}^ per mile, for every mile such slave shall have been brought
or sent, to be computed from the place where such slave was apprehen-
ded. And if such slave shall be delivered into the custody of the warden
aforesaid, the person delivering such slave shall give an account of his
name, place of abode, and the time and place when and where such slave
was apprehended ; which account the said warden shall enter down in a
book to be kept for that purpose, and shall give a receipt for any such slave
Avhich shall be delivered, as aforesaid, into his custody. And the said war-
den is hereby fully authorized and empowered to den>and and receive from
the owner or other person having the charge or care of any such slave,
for negroes committed from the month of October to March, inclusive, for
finding necessaries, clothing and covering, to be the property of the master,
any sum not exceeding six pounds, and the several sums following, and
no other sum, fee or reward, on any pretence whatsoever, (that is to say,)
for apprehending each slave, paid to the person who delivered such slave
in custody, twenty shillings, current money ; for mileage, paid to the same
person, fifteen pence, like money; for a sufficient quantity of provision
for each day, for each slave, three shillings and nine pence, like money;
for advertising and publishing every slave, as directed by this Act, five shil-
lings, like money, exclusive of the charge of printing; for receiving such
slave, five shillings, and for delivering of him, five shillings, like money ;
for poundage on money advanced, one shilling in the pound, like money.
And the said warden shall and may lawfully detain any slave in custody
until the fees and expenses aforesaid be fully paid and satisfied ; and in
case the owner of such slave, or his overseer, manager, agent, attorney,
or trustee, shall neglect or refuse to pay and satisfy the said fees and expen-
ses, for the space of thirty davs after the same shall be demanded by notice,
in writing, served on the owner of such slave, or (if the owner is absent
from this Province,) upon his overseer, agent, manager, attorney or trus-
tee, the said warden shall and may expose any such slave to sale, at public
outcry, and after deducting the fees and expenses aforesaid, and the charges
of such sale, shall, upon demand, return the overplus money arising by
such sale, to any person who has a right to demand and receive the same.
XXVIII. And forasmuch as for want of knowing or finding the owner
of any fugitive slave to be delivered to him, as aforesaid, the said warden
may not be obliged to keep such slave in his custody, and find and provide
provisions for such slave, over and beyond a reasonable time. Be it therefore
further enacted by the authority aforesaid. That if the owner or owners of
such fugitive slave shall not, within the space of eighteen months from the
OF SOUTH CAROLIiNA. 407
Acts relating to Slaves. AD. J 740.
time of commitment, make his, her or their claim or claims, or it shall not ^
be otherwise made known to the said warden, within the time aforesaid, ^o fJj^']0|"Jj,J:)^*'
whom such committed slave shall belong, it shall and may be lawful for the to be sold. '
said warden to sell such slave at public outcry, in ChaJestown, he the said
warden first advertising such sale six weeks successively in the public ga-
zette, together with the reason of the sale of such slave, and out of the
money arising by such sale, to pay, deduct or retain to himself what shall
be then due for money by him disbursed on receipt of such fugitive slave,
and for his fees and provisions, together with the reasonable charges arising
by such sale, and the overplus money, (if any there shall be,) shall be
rendered and paid by the said warden to the public treasurer for the time
being, in trust, nevertheless, for the use of the owner or owners of such
slave, provided the same be claimed by him, her or them within one year
and a day after such sale, or in default of such claim, within the time afore-
said, to the use of the public of this Province, to be applied as the General
Assembly shall direct.
XXIX. Atid be it further enacted by the authority aforesaid, That if
any free negro, mulatto or mustizo, or any slave, shall harbour, conceal or f'^nalty on free
entertain any slave that shall run away or shall be charged or accused with "ufver for"har-
any criminal matter, every free negro, mulatto and mustizo, and every ''""""S r"na-
slave, who shall harbour, conceal or entertain any such slave, being duly "''•^'''
convicted thereof, according to the directions of this Act, if a slave, shall
suffer such corporal punishment, not extending to life or limb, as the justice
or justices who shall try such slave shall, in his or their discretion, think fit ;
and if a free negro, mulatto or mustizo, shall forfeit the sum of ten pounds,
current money, for the first day, and twenty shillings for every day after,
to the use of the owner or owners of such slave so to be harboured, conceal-
ed or entertained, as aforesaid, to be recovered by v^^arrant, under the hand
and seal of any one of his Majesty's justices of the peace, in and for the
county where such slave shall be so harboured, concealed or entertained, in
like manner as debts are directed to be recovered by the Act for trial of small
and mean causes ; and that in case such forfeitures cannot be levied, or
such free negroes, mulattoes or mustizoes shall not pay the same, together
with the charges attending the prosecution, such free negro, mulatto or
mustizo shall be ordered by the said justice to be sold at public outcry, and
the money arising by such sale shall, in the first place, be paid and applied
for and towards the forfeiture due, made payable to the owner or owners,
and the charges attending the prosecution and sale, and the overplus, (if
any,) shall be paid by the said justice into the hands of the public treasurer,
to be afterwards paid and applied in such manner as by the General Assem-
bly of this Province shall be directed and appointed.
XXX. And be it further ejiacted by the authority aforesaid. That no
slave who shall dwell, reside, inhabit or be usually employed in Charlestown,
shall presume to buy, sell, deal, traffic, barter, exchange or use commerce ^^'^^^s >"
for any goods, wares, provisions, grain, victuals, or commodities, of any sort to''huro°"sell!
or kind whatsoever, (except as is hereinafter particularly excepted and pro- excep't as pro^
vided, and under such provisoes, conditions, restrictions and limitations as^"^''''*
are herein particularly directed, limited and appointed,) on pain that all such
goods, wares, provisions, grain, victuals or commodities, which by any slave
shall be so bought, sold, dealt, trafficked or bartered for, exchanged or used
in commerce, shall be seized and forfeited, and shall be sued for and reco-
vered before any one justice assigned to keep the peace in Charlestown, and
shall be applied and disposed of, one half to him or them who shall seize ,^
408
STATUTES AT LARGE
A.D. 1740.
Acts relatins to Slaves.
No strong
liquors to be
sold to slaves*
inform and sue for the same, and the other half to the commissioners of
the poor of the parish of St. PhiUps, Charlestown ; and moreover, that the
said justice shall order every slave who shall be convicted of such offence,
to be publicly whipped on the bare back, not exceeding twenty lashes ; pro-
vided always, that it shall and may be lawful for any slave who lives or is
usually employed in Charlestown, after such license and ticket as hereinaf-
ter is direcred shall be obtained, to buy o"- sell fruit, fish and garden stuff,
and to be employed as porters, carters or fishermen, and to purchase any
thing for the use of their masters, owners, or other person who shall have
the charge and government of such slave, in open market, under such re-
gulations as are or shall be appointed by law concerning the market of
Charlestown, or in any open shop kept by a white person.
XXXI. And be it further enacted by the authority aforesaid. That no slave
or slaves whatsoever, belonging to Charlestown, shall be permitted to buy
any thing to sell again, or to sell any thing upon their own account, in
Charlestown ; and it shall and may be lawful for any person or persons
whosoever, to seize and take away all and all manner of goods, wares or
merchandize, that shall be found in the possession of any such slave or slaves
in Charlestown, which they have bought to sell again, or which they shall
offer to sale upon their own accounts, in Charlestown, one half of which
shall be to the use of the poor of the said parish, and the other to the in-
former, and shall be adjudged and condemned by any justice of the
peace in the said parish.
XXXII. And he it further enacted by the authority aforesaid. That if
any keeper of a tavern or punch house, or retailer of strong liquors, shall
give, sell, utter or deliver to any slave, any beer, ale, cider, wine, rum,
brandy, or other spirituous liquors, or strong liquor whatsoever, without the
license or consent of the owner, or such other person who shall have the
care or government of such slave, every person so offending shall forfeit
the sum of five pounds, current money, for the first offence, and for the
second offence, ten pounds; and shall be bound in a recognizance in the
sum of one hundred pounds, current money, with one or more sufficient
sureties, before any of the justices of the court of general sessions, not to
offend in the like kind, and to be of good behaviour, for one year ; and for
want of such sufficient sureties, to be committed to prison without bail or
mainprize, for any term not exceeding three months.
XXXIII. And whereas, several owners of slaves do suffer their slaves to
„. -go and work where they please, upon conditions of paying to their owners
work from certain sums of money agreed upon between the owner and slave ; which
home without practice has occasioned such slaves to pilfer and steal, to raise money for
their owners, as well as to maintain themselves in drunkenness and evil
courses ; for prevention of which practices for the future, Be it enacted by
the authority aforesaid. That no owner, master or mistress of any slave,
after the passing of this Act, shall permit or suffer any of his, her or their
slaves to go and work out of their respective houses or families, without a
ticket in writing, under pain of forfeiting the sum of ten pounds, current
money, for every such offence, to be paid the one half to the church-ward-
ens of the parish, for the use of the poor of the parish in which the offence
is committed, and the other half to him or them that will inform and sue
for the same, to be recovered in the same way as debts are by the Act for
the trial of small and mean causes. And every person employing any
slave without a ticket from the owner of such slave, shall forfeit to the
informer five pounds, current money, for each day he so employs such
a ticket
OF SOUTH CAROLINA. 409
Acts relating to Slaves. A. D. 1740.
slave, over and above the wages agreed to be paid such slave for his work ;
provided that the said penalty of five pounds per diera, shall not extend to
any person whose property in such slave is disputable ; cLXid provided, that
nothing herein contained shall hinder any person or persons from hiring
out by the year, week or day, or any other time, any negroes or slaves, to
be under the care and direction of his or their owner, master or employer,
and that the master is to receive the whole of the earnings of such slave
or slaves, and that the employer have a certificate or note, in writing, of
the time or terms of such slave''s employment, from the owner, attorney or
overseer of every such slave, severally and respectively.
XXXIV. And whereas, several owners of slaves have permitted them to
keep canoes, and to breed and raise horses, neat cattle and hogs, and to Slaves prohib-
traffic and barter in several parts of this Province, for the particular and J[||||,|^''||J.",^p''^''
peculiar benefit of such slaves, by which means they have not only an in<r boni?,
opportunity of receiving and concealing stolen goods, but to plot and con- ''"j^^es. latile,
federate together, and form conspiracies dangerous to the peace and safety
of the whole Province; Be it there/ore enacted b}^ the authority aforesaid.
That it shall not be lawful for any slave so to buy, sell, trade, traffic, deal
or barter for any goods or commodities, (except as before excepted,) nor
shall any slave be permitted to keep any boat, perriauger or canoe, or to
raise and breed, for the use and benefit of such slave, any horses, mares,
neat cattle, sheep or hogs, under pain of forfeiting all the goods and com-
modities which shall be so bought, sold, traded, trafficked, dealt or bartered
for, by any slave, and of all the boats, perriaugers or canoes, cattle, sheep
or hogs, which any slave shall keep, raise or breed for the peculiar use,
benefit and profit of such slave ; and it shall and may be lawful for any
person or persons whatsoever, to seize and take away from any slave, all
such goods, commodities, boats, perriaugers, canoes, horses, mares, neat
cattle, sheep or hogs, and to deliver the same into the hands of any one
of his Majesty'-s justices of the peace, nearest to the place where the
seizure shall be made ; and such justice shall take the oath of such person
who shall make any such seizure, concerning the manner of seizing and
taking the same, and if the said justice shall be satisfied that such seizure
hath been made according to the directions of this Act, he shall pronounce
and declare the goods so seized, to be forfeited, and shall order the same to ,
be sold at public outcry ; and the monies arising by such sale shall be
disposed of and applied as is hereinafter directed ; provided, that if any
goods shall be seized which come to the possession of any slave by theft,
finding or otherwise, without the knowledge, privity, consent or connivance
of the person who have a right to the property or lawful custody of any
such goods, all such goods shall be restored, on such person's making oath
before any justice as aforesaid, who is hereby impowered to administer
such oath, to the effect or in the following words :
" I, A B, do sincerely swear, that I have a just and lawful right or title
to certain goods seized and taken by C D, out of the possession of a slave
named — ; and I do sincerely swear and declare, that I did not, directly or
indirectly, permit or suffer the said slave, or any other slave whatsoever,
to use, keep or employ the said goods for the use, benefit or profit of any
slave whatsoever, or to sell, barter or give away the same; but that the
same goods were in the possession of the said slave by theft, finding or
otherwise , or to be kept bona fide for my use , or for the use of E F, a free
person, and not for the use or benefit of any slave whatsoever. So help
me God.''
VOL. VII —52.
410 STATUTES AT LARGE
A. D. 1740. Acts relating to Slaves.
Which oath shall be taken mutatis inutandis, as the case shall happen ;
provided also, that it shall be lawful for any person, being the own^r or
having the care or government of any slave who resides or is usually\m-
ployed in any part of this Province, without the limits of Charlestown, ^
give a license or permission to sell, exchange or barter in Charlestown, or^
elsewhere, within this Province, the goods or commodities of the owner,
or other person having the care or government of such slave ; provided
that in such license or permission, the quantity and quality of the goods
and commodities with which such slave shall be intcusted, be particularly
and distinctly set down and specitied, and signed by the owner or other
person having the charge and government of such slave, or by some other
person by his, her or their order and direction.
XXXV. Provided also, and be it enacted by the authority aforesaid. That
Slaves allowed (his Act shall not extend or be construed to extend to debar any of the
piovifions &c. ^"^^'^'^'^''^"*^ *^^ Chariestown from sending any of their slaves residing
with a ticket, therein, to sell in open market, any sort of provisions whatever, which the
owner of such slave shall have received and brought from his or her estate
in the country, to be sold at the tirst hand ; nor shall such slaves be debar-
red from buying any kind of provisions for the use and consumption of
their master's and mistress's families, and for which such slave or slaves
shall have a license or permit from the master or mistress, or some other
person under whose care such slave shall be ; any thing in this, or any
other Act, to the contrary notwithstanding.
XXXVI. And for that as it is absolutely necessary to the safety of this
Slaves not to Province, that all due care be taken to restrain the wanderings and meet-
hoine witl'ou" '"»^ °^ negroes and other slaves, at all times, and more especially on
a ticket, nor to Saturday nights, Sundays, and other holidays, and their using and carry-
J^'^^PJ*™*' ing wooden swords, and other mischievous and dangerous weapons, or
"' ' using or keeping of drums, horns, or other loud instruments, which may
call together or give sign or notice to one another of their wicked designs
and purposes ; and that all masters, overseers and others ma}^ be enjoined,
diligently and carefully to prevent the same. Be it enacted by the authority
aforesaid, That it shall be lawful for all masters, overseers and other per-
sons whomsoever, to apprehend and take up any negro or other slave that
shall be found out of the plantation of his or their master or owner, at any
time, especially on Saturday nights, Sundays, or other holidays, not being
on lawful business, and with a letter from their master, or a ticket, or not
' having a white person with them ; and the said negro or other slave or
slaves, met or found out of the plantation of his or their master or mis-
/ tress, though with a letter or ticket, if he or they be armed with such
offensive weapons aforesaid, him or them to disarm, take up and whip :
And whatsoever master, owner or overseer shall permit or suffer his or
their negro or other slave or slaves, at any time hereafter, to beat drums,
blow horns, or use any other loud instruments, or whosoever shall suffer
and countenance any public meeting or feastings of strange negroes or
slaves in their plantations, shall forfeit ten pounds, current money, for
every such offence, upon conviction or proof as aforesaid; provided, an
information or other suit be commenced within one month after forfeiture
thereof for the same.
XXXVII. And whereas, cruelty is not only highly unbecoming those
who profess themselves christians, but is odious in the eyes of all men
who have any sense of virtue or humanity ; therefore, to restrain and
prevent barbarity being exercised towards slaves, Be it enacted by the
OF SOUTH CAROLINA. 411
Acts relating to Slaves. ^- D. 1740.
authority aforesaid, That if any person or persons whosoever, shall wilfully p^ , ^ .
murder his own slave, or the slave of any other person, every such person |^j'j"'^|j^^,,j.°'
shall, upon coaviction thereof, forfeit and pay the suna of seven hundred cruelly using a
pounds, current money, and shall be rendered, and is hereby declared alto-^''^^^-
gether and forever incapable of holding, exercising, enjoying or receiving
the profits of any office, place or employment, civil or military, within
this Province : And in case any such person shall not be able to pay the
penalty and forfeitures hereby inflicted and imposed, every such person
shall be sent to any of (he frontier garrisons of this Province, or committed
to the work house in Charlestown, there to remain for the space of seven
years, and to serve or to be kept at hard labor. And in case the slave
murdered shall be the property of any other person than the offender, the
pay usually allowed by the public to the soldiers of such garrison, or the
profits of the labor of the offender, if committed to the work house in
Charlestown, shall be paid to the owner of the slave murdered. And if
any person shall, on a sudden heat or passion, or by undue correction, kill
his own slave, or tiie slave of any other person, he shall forfeit the sum of
three hundred and fifty pounds, current money. And in case any person
or persons shall wilfully cut out the tongue, put out the eye, castrate, or
cruelly scald, brim, or deprive any slave of any limb or member, or shall
inflict any other cruel punishment, other than by whipping or beating with
a horse-whip, cow-skin, switch or small stick, or by putting irons on, or
confining or imprisoning such slave, every such person shall, for every
such oftance, forfeit the sum of one hundred pounds, current money.
XXXVIII. And be it further enacted by the authority aforesaid. That
in case any person in this Province, who shall be owner, or shall have sieves to be
the care, government or charge of any slave or slaves, shall deny, neglect proyicied with
or refuse to allow such slave or slaves, under his or her charge, sufficient j|'^'j||^'^|jj*j-"Jj_
cloathing, covering or food, it shall and may be lawful for any person or
persons, on behalf of sucii slave or slaves, to make complaint to the next
neighboring justice, in the parish where such slave or slaves live or are
usually employed ; and if there shall be no justice in the parish, then to
the next justice in the nearest parish ; and the said justice shall summons
the party against whom such complaint shall be made, and shall enquire
of, hear and determine the same ; and if the said justice shall find the said \
complaint to be true, or that such person will not exculpate or clear himself /
from the charge, by his or her own oath, which such person shall be at
liberty to do, in all cases where positive proof is not given of the offence,
such justice shall and may make such orders upon the same, for the relief
of such slave or slaves, as he in his discretion shall think fit, and shall and
may set and impose a fine or penalty on any person who shall ofiend in
the premises, in any sum not exceeding twenty pounds, current money, for
each offence, to be levied by warrant of distress and sale of the offender's
goods, returning the overplus, if any shall be ; which penalty shall be paid
to the church-wardens of the parish where the offence shall be committed,
for the use of the poor of the said parish.
XXXIX. And tvhcreas, by reason of the extent and distance of planta.
tions in this Province, the inhabitants are far removed from each other, ^ij^ ,q g|,^yp^
and many cruelties may be committed on slaves, because no white person the owner how
may be present to give evidence of the same, unless some method be pro- ^^\^^ "^'^'^
vided for the better discovery of such offences ; and as slaves are under the
government, so they ought to be under the protection, of masters and man-
agers of plantations ; Be it therefore further enacted by the authority afore-
412 STATUTES AT LARGE
A- ^>- '"40- Acts relating to Slaves.
said, That if any slave shall sufFer in life, limb or member, or shall be
maimed, beaten or abused, contrary to the directions and true intent and
meaning of this Act, when no white person shall be present, or being pre-
sent, shall neglect or refuse to give evidence, or be examined upon oath,
concerning the same, in every such case, the owner or other person who
shall have the care and government of such slave, and in whose possession
or power such slave shall be, shall be deemed, taken, reputed and adjudged
to be guilty of such ofience, and shall be proceeded against accordingly,
W'ithout further proof, unless such owner or other person as aforesaid, can
make the contrary appear by good and sufficient evidence, or shall by his
own oath, clear and exculpate himself; which oath, every court where
such Oifence shall be tried, is hereby empowered to administer, and to
acquit the oliender accordingly, if clear proof of the offence be not made
by two witnesses at least ; any law, usage or custom to the contrary not-
withstanding.
XL. And whereas, many of the slaves in this Province wear clothes
Ai)porel of much above the condition of slaves, for the procuring whereof the)- use
e^avps regu at- gij^i^jg,. ^^d evil methods : For the prevention, therefore, of such practices
for the future, Be it enacted by the authority aforesaid, That no owner or
proprietor of any negro slave, or other slave, (except livery men and boys,)
shall permit or suffer such negro or other slave, to have or wear any sort
of apparel whatsoever, finer, other, or of greater value than negro cloth,
duffils, kerseys, osnabrigs, blue linen, check linen or coarse garlix, or
cailicoes, checked cottons, or Scotch plaids, under the pain of forfeiting all
and every such apparel and garment, that any person shall permit or suffer
his negro or other slave to have or wear, finer, other or of greater value
than negro cloth, duffils, coarse kerseys, osnabrigs, blue linen, check linen
or coarse garlix or cailicoes, checked cottons or Scotch plaids, as aforesaid ;
and all and every constable and other persons are hereby authorized, em-
powered and required, when and as often as they shall find any such negro
slave, or other slave, having on or wearing any sort of garment or apparel
whatsoever, finer, other or of greater value than negro cloth, duffils, coarse
kerseys, osnabrigs, blue linen, check linen, or coarse garlix, or calicoes,
checked cottons or Scotch plaids, as aforesaid, to seize and take away the
same, to his or their own use, benefit and behoof; any law, usage or cus-
tom to the contrary notwithstanding. Provided always, that if any owner
of any such slave or slaves, shall think the garment or apparel of his said
slave not liable to forfeiture, or to be taken away by virtue of this Act, he
may apply to any neighboring justice of the peace, who is hereby authoriz-
ed and empowered to determine any difference or dispute that shall happen
thereupon, according to the true intent and meaning of this Act.
XLL And ivhereas, an ill custom has prevailed in this Province, of firing
Guns n'^t to be g.yj^g j,^ ^j^g night time ; for the prevention thereof for the future, Be it
filed in tlie enacted by the authority aforesaid. That if any person shall fire or shoot
night time, oft' any gun or pistol in the night time, after dark and before day-light,
without necessity, every such person shall forfeit the sum of forty shillings,
current money, for each gun so fired as aforesaid, to be recovered by war-
rant from any one justice of the peace for the county where the offence is
committed, according to the direction of the Act for the trial of small and
mean causes, and shall be paid to the church-wardens of the parish where
the offence shall be committed, for the use of the poor of the said parish.
XLII. And he it further enacted by the authority aforesaid. That no
slave or slaves shall be permitted to rent or hire any house, room, store or
OF SOUTH CAROLINA. 413
Act.<' relating to Slaves. A. D. 1740.
plantation, on his or her own account, or to be used or occupied by any
slave or slaves ; and any person or persons who shall let or hire any house, H-n[h^iuses*or
room, store or plantation, to any slave or slaves, or to any free person, to plantations.
be occupied by any slave or slave, every such person so offending shall
forfeit and pay to tiie informer the sum of twenty pounds, current money,
to be recovered as in the Act for the trial of small and mean causes.
XLIII. And whereas^ it may be attended with ill consequences to permit j^ . . ,
a great number of slaves to travel together in the high roads without some the highways
white person in company with them; Be it therefore enacted by the autho- i" nu»'b«^i'=''
rity aforesaid. That no men slaves exceeding seven in number, shall here-
after be permitted to travel together in any high road in this Province,
without some white person with them; and it shall and may be lawful for ,
any person or persons, who shall see any men slaves exceeding seven in
number, without some white person with them as aforesaid, travelling or
assembled together in any high road, to apprehend all and every such slaves,
and shall and may whip them, not exceeding twenty lashes on the bare
back.
XLIV. And 2ohereas, many owners of slaves, and others who have the care,
management and overseeing of slaves, do confine them so closely to hard Nor to be over-
labor, that they have not sufficient time for natural rest; Be it therefore e/j- worked.
acted by the authority aforesaid, That if any owner of slaves, or other
person who shall have the care, management or overseeing of any slaves,
shall work or put to labor any such slave or slaves, more than fifteen
hours in four and twenty hours, from the twenty-fifth day of March to the
twenty-fifth day of September, or more than fourteen hours in four and
twenty hours, from the twenty-fifth day of September to the twenty-fifth
day of March, every such person shall forfeit any sum not exceeding
twenty pounds, nor under five pounds, current money, for every time he,
she or they shall olfend herein, at the discretion of the justice before whom
such complaint shall be made.
XLV. And whereas, the having of slaves taught to write, or suffering
them to be employed in writing, may be attended with great inconvenien- Nor taught to
ces ; Be it thcrrfore enacted by the authority aforesaid. That all and every ^'^"^*
person and persons whatsoever, who shall hereafter teach, or cause any
slave or slaves to be taught, to write, or shall use or employ any slave as a
scribe in any manner of writing whatsoever, hereafter taught to write,
every such person and persons, shall, for every such offence, forfeit the
sum of one hundred pounds current money.
XLVI. And ivhereas, plantations settled with slaves without any white
person thereon, may be harbours for runaways and fugitive slaves ; Be it No person to
therefore enacted by the authority aforesaid, That no person or persons '**°^P '''''^*^^ ""^
hereafter shall keep any slaves on any plantation or settlement, without vKuhoui a white
having a white person on such plantation or settlement, under pain of for- prison with
feiting the sum of ten pounds current mone)', for every month which any'^^™*
such person shall so keep any slaves on any plantation or settlement,
without a white person as. aforesaid.
XLVII. And whereas, many disobedient and evil minded negroes and
other slaves, being the property of his Majesty''s subjects of this Province,
have lately deserted the service of their owners, and have fled to St. Augus-
tine and other places in Florida, in hopes of being there received and pro-
tected ; and whereas, many other slaves have attempted to follow the
same evil and pernicious example, which, (unless timely prevented,) may
tend to the very great loss and prejudice of the inhabitants of this Province ;
Be it therefore enacted by the authority aforesaid, That from and after the
414 STATUTES AT LARGE
A. D. 1740. Acts relating to Slaves.
passing of this Act, any white person or persons, free Indian or Indians,
preliendiu'' ^'^' who shall, On ths south side of Savannah river, take and secure, and shall
slaves escaped from thence bring to the work house in Charlestown, any negroes or other
vaniial) ''^"^ ^''"slaves, which within the space of six months have deserted, or who shall
hereafter desert, from the services of their owners or employers, every
such white person or persons, free Indian or Indians, on evidence of the
said slaves being taken as aforesaid, and the same certitied by any two
justices of the peace in this Province, shall be paid by the public treasurer
of this Province the several rates and sums following, as the case shall
appear to be ; provided always, that nothing in this clause contained shall
extend to such slaves as shall desert from any plantation situate within thir-
ty miles of the said Savannah river, unless such slaves last mentioned shall
be found on the south side of Altamahaw river; that is to say: — for each
grown man slave brought alive, the sum of fifty pounds ; for every grown
woman or boy slave above the age of twelve years brought alive, the sum
of twenty five pounds ; for every negro child under the age of twelve
years, brought alive, the sum of five pounds; for every scalp of a grown
negro slave, Avith the two ears, twenty pounds ; and for every negro grown
slave, found on the south side of St. John's river, and brought alive as
aforesaid, the sum of one hundred pounds ; and for every scalp of a grown
negro slave with the two ears, taken on the south side of St. John's river,
the sum of fifty pounds.
XLVIII. And he it further enacted by the authority aforesaid. That the
H wt b expense of taking and securing all slaves brought alive as aforesaid, shall
paid, &c. be at the charge of the respective owners; and no such slave or slaves
taken on the south side of Savannah river, and brought to the work house
of Charlestown, as aforesaid, shall be delivered out of the custod)- of the
warden of the said work house, without a certificate to him first produced,
from the public treasurer of this Province, that the money by him dis-
bursed, for the taking and securing the said slave or slaves, is fully satisfied
to the treasurer, besides the following fees, which the said treasurer is
hereby required to allow, pay and charge for the trouble necessary to be
taken concerning the place and manner of apprehending the said slaves,
viz: — to the two justices who shall examine, take and certify the said evi-
dence, for each slave brought alive, the sum of forty shillings; and to the
treasurer for his trouble in executing this Act, for each slave brought alive
as aforesaid, the sum of twenty shillings ; and to the warden of the work
house, the sum of three shillings and nine pence per diem, for his main-
taining the same while in custody. And on the commitment of any slave or
slaves to the custody of the said warden, where the public treasurer shall, by
virtue of this Act, expend any money for apprehending the same, the said
warden is hereby required to advertise in the public gazette of this Province
for the space of three months, the best description he can form of all and
every the said slaves, Avith the place and manner of their being taken ; and
in case the owner or employer of the said slave or slaves, shall neglect
Avithin that time, to redeem the said slave or slaves, by fully satisfying the
public treasurer the charges he shall be at, in such manner and proportion
as by this Act is directed, then, and in every such case, the said public
treasurer shall be at liberty to dispose of every such slave or slaves to the
best bidder at public auction, which sale shall be deemed good and effectu-
al, to all intents and purposes, to such person or persons as shall purchase
the same ; and the produce of every such slave or slaves, shall first go
towards satisfying the expense of the said public treasurer and warden of
OF SOUTH CAROLINA. 415
Acts relating to Slaves. A. D. 1740.
the work house, for the taking, securing and keeping the said slave or
slaves, as aforesaid; and then the surplus, (if any,) shall be paid to the
respective owner or owners.
XLIX. And be it further enacted by the authority aforesaid, That from
and after the passing of this Act, where any slave or slaves shall be tried ^"^J^nerro']"
and condemned to be executed for deserting out of this Province, every slaves execu-
such slave or slaves shall, before their execution, be valued by the tryerst*^d.
of the same ; and in every such case the owner or owners of every such
slave, shall be paid by the public of this Province, the full sum and rates
at which such executed slave or slaves shall be valued as aforesaid, without
being a charge to any particular owner or owners; any law, usage or cus-
tom to the contrary notwithstanding.
L. And be it further enacted by the authority aforesaid. That all
charge of taking and bringing in of slaves as aforesaid, shall be defrayed
and paid by the pullic.
LI. u\nd be it further enacted hj the authority aforesaid. That if any
constable or other person, directed or required to do or perform any matter Penalty on per-
or thing, required, commanded or enjoined by this Act, who shall know or^_^"|; '"^jlj^'S |_o
be credibly informed of any otfence which shall be committed against this into execution.
Act, within his parish, precinct or limits, and shall not give information
thereof to some justice of the peace, and endeavor the conviction of the
offenders according to his duty, but such constable or other person as afore-
said, or any person lawfully called in aid of the constable or such other
person as aforesaid, shall wilfully and willingly omit the performance of
his duty in the execution of this Act, and shall be thereof convicted, he
shall forfeit for every such offence, the sum of twenty pounds current
money. And in case any justice of the peace, warden of the work house,
or freeholder, shall wilfully or willingly omit the performance of his duty
in the execution of this Act, every such justice of the peace and warden
of the work house, shall forfeit the sum of forty pounds current money ; and
every such freeholder shall forfeit the sum of fifteen pounds current money ;
which sever.al penalties shall be recovered and disposed of as hereafter is di-
rected ; and moreover^ the judges and justices of the court of general ses-
sions or the peace, oyer and terminer, assize and general gaol delivery, are
hereby commanded and required to give the offenders against this Act in
charge in open court; and all grand juries, justices of the peace, consta-
bles, and other officers, are hereby required to make due and true present-
ment of such of the said offences as come to their knowledge.
LIL And be it further enacted by the authority aforesaid, That if any
person shall be at any time sued for putting in execution any of the powers pe,-sons sued
contained in this Act, such person shall and may plead the general issue, for putting this
and give the special matter and this Act in evidence; and if the plaintiff ^'^""'°®^t^":
® ■ ,• r- ■> c ■> ■/-ii--r-T- tiou,inay plead
be nonsuit, or a verdict pass for the defendant, or if the plaintiff discontinue the general
his action, or enter a noli prosequi, or if upon demurrer judgment be given issue.
for the defendant, every such defendant shall have his full double costs.
Lin. And be it further enacted by the authority aforesaid, That this
Act, and all clauses therein contained, shall be construed most largely and '^'"^ ^*''' '^"^
. . .. . . loljG cori"
beneficially for the promoting and carrying into execution this Act, and stmed.
for the encouragement and justification of all persons to be employed in
the execution thereof; and that no record, warrant, process or commitment
to be made by virtue of this Act, or the proceedings thereupon, shall be
reversed, avoided, or any way impeached, by reason of any default in
form.
416
STATUTES AT LARGE
A. D. 1740.
Acts relating to Slaves.
Penalties and
forfeitures,
how to be rp-
covereil and
applied.
The late
rebellion.
LIV. And be it further enacted by the authority aforesaid, That all fines,
penaUies and forfeitures imposed or inflicted by this Act, which are not
hereby particularly disposed of, or the manner of recovery directed, shall, if
not exceeding the value of twenty pounds current money, be recovered,
levied and distrained for, by warrant from any one justice of the peace, in
the county or precinct where such offence shall be committed, according
to the Act for the trial of small and mean causes; and in case such fine,
penalty or forfeiture shall exceed the value of twenty pounds current
money, the same shall be recovered by action of debt, bill, plaint or infor-
mation, in any court of record in this Province, wherein no privilege,
protection, essoign, wager of law, or non vult nlterius prosequi, or any
more than one imparlance, shall be admitted or allowed ; and all the said
fines, penalties and forfeitures, which shall be recovered by this Act, and
are not before particularly disposed of, shall be applied and disposed of, one
half to his majr^sty, his heirs and successors, to be applied by the General
Assembly for the use of this Province, and the other half to him or them
who will sue or inform for the same.
LV. And be it further enacted by the authority aforesaid, That his
Majesty's part of the fines, penalties and forfeitures which snail be recover-
ed by virtue of this Act, shall be paid into the hands of the justices, or in
the court whei-e the same shall be recovered, who shall make a memorial
and record of the payment of the same, and shall, without delay, send a
transcript of such memorial or record to the public treasurer of this Pro-
vince, from the said courts or justices who shall receive his Majesty's part
of such fines and forfeitures; which memorial shall be a charge on the
judges or justices respectively to whom the same shall be paid ; and the
public treasurer of this Province for the time being, shall and may, and he
is hereby authorized and empowered to, levy and recover the same by war-
rant of distress, and sale of the goods and chattels of the said judges or
justices respectively, who shall be charged with the same, in case they or
any of them shall neglect or refuse to make such memorial or record as
aforesaid, or send such transcript thereof, as before directed, or shall neglect
or refuse to pay the same over to the treasurer within twenty days after the
receipt of the same ; Provided ahoaijs, that no person shall be prosecuted
for any fine, forfeiture or penalty imposed by this Act, unless such prosecu-
tion shall be commenced within six months after the offence shall be com-
mitted.
LVI. And whereas, several negroes did lately rise in rebellion, and did
commit many barbarous murders at Slono and other parts adjacent thereto ;
and whereas, in suppressing the said rebels, several of them were killed and
others taken alive and executed ; and as the exigence and danger the in-
habitants at that time were in and exposed to, would not admit of the for-
mality of a legal trial of such rebellious negroes, but for their own security,
the said inhabitants were obliged to put such negroes to immediate death ;
to prevent, therefore, any person or persons being questioned for any matter
or thing done in the suppression or execution of the said rebellious negroes,
as also any litigious suit, action or prosecution that may be brought, sued or
prosecuted or commenced against such person or perons for or concerning
the same; Be it enacted by the authority aforesaid. That all and every
act, matter and thing, had, done, committed and executed, in and about the
suppressing and putting all and every the said negro and negroes to death,
is and are hereby declared lawful, to all intents and purposes whatsoever, as
fully and amply as if such rebellious negroes had undergone a formal trial
OF SOUTH CAROLINA. 417
Acts relating to Slaves. A. D. 1743.
and condemnation, notwithstanding any want of form or omission what-
ever in the trial of such negroes; and any law, usage or custom to the
contrary thereof in any wise notwithstanding.
LVII. And be it further enacted hy the authority aforesaid, That this
Act shall be deemed a public Act, and shall be taken notice of without
pleading the same before all judges, justices, magistrates and courts within
this Province.
LVIII. And he it further enacted by the authority aforesaid, That this
Act shall continue in force for the space of three years, and from thence
to the end of the next session of the General Asseml)ly, and no longer.
C. PINCKNEY, Speaker.
In the Council Chamber, the \Qth day of May, 1740.
Assented to: WM. BULL.
armed to
an act for the better security of this province against the no. 702.
Insurrectioivs and other wicked attempts op Negroes and other
Slaves ; and for reviving and continuing an Act of the Gene-
ral Assembly of this Province, entitled "An Act for the
BETTER ordering AND GOVERNING NeGROES AND OTHER SlaVES IN
this Province."
WHEREAS, it is necessary to make some further provision for securing
the inhabitants of this Province against the insurrections and other wicked
attempts of negroes and other slaves within the same ; we therefore humbly
pray his most sacred Majesty that it may be enacted ;
L And he it enacted hy the honorable ' William Bull, Esq., Lieutenant
Governor and Commander-in-Chief in and over his Majesty's Province of The citizens to
South Carolina, by and with the advice and consent of his Majesty's bono- ^? !^'"/"'
rable Council, and the Commons House of Assembly of this Province, and*''""^
by the authority of the same. That within three months from the time of
passing this Act, every white male inhabitant of this Province, (except
travellers and such persons as shall be above sixty years of age,) who, by
the laws of this Province is or shall be liable to bear arms in the militia of
this Province, either in times of alarm or at common musters, who shall, on
any Sunday or Christmas day in the year, go and resort to any church or
any other public place of divine worship within this Province, and shall not
carry with him a gun or a pair of horse pistols, in good order and fit for
service, with at least six charges of gun-powder and ball, and shall not car-
ry the same into the church or other place of divine worship as aforesaid,
every such person shall forfeit and pay the sum of twenty shillings, current
money, for every neglect of the same, the one half thereof to the church-
wardens of the respective parish in which the offence shall be committed,
for the use of the poor of the said parish, and the other half to him or
them who will inform for the same, to be recovered on oath, before any of
his Majesty's justices of the peace within this Province, in the same way
VOL. Vn.— 53.
418 STATUTES AT LARGE
A. D. 1743. Acts relating to Slaves.
and manner that debts under twenty pounds are directed to be recovered by
the Act for the trial of small and mean causes.
II. Provided, and be it further enacted^ That nothing hereinbefore con-
Proviso as to tained shall be construed to extend to persons living within the parish of
Charleston. St. Philip's, Charlestown ; but in lieu thereof, the whole watch of Charles-
town, aforesaid, shall be obliged to perform watch and ward under arms, du-
ring divine service, in the same manner as a part only of the said watch are
now by law enjoined to do, and for which a pay or additional allowance of
ten pounds per annum shall be given to every man of the said watch, to be
paid by an assessment on the inhabitants of Charlestown, according to the
method already laid down for the payment of the said watch.
III. And to the intent that this Act may be more duly carried into exe-
cution, by which the inhabitants of this Province may be the better secured
and provided against the insurrections and other wicked attempts of negroes
Duty of church ^"^ Other slaves, Be it further enacted by the authority aforesaid. That the
warilens, dea- church-warden and church-wardens of each respective parish, and the dea-
cons, &c. g^j^ Qj. (jgacons, and elder or elders, or either of them, resorting to other
places of public worship in this Province, (excepting the places of public
worship within the parish of St. Philip's, Charlestown,) who shall be at any
such church, or other place of public worship, as aforesaid, where any per-
son liable to bear arms, as aforesaid, shall come and resort without his gun
or pair of horse pistols and ammunition, as aforesaid, and such church-war-
den or church-wardens, deacon or deacons, elder or elders, who shall wil-
fully neglect, after having notice of the offence, to inform against such per-
son so otiending against this Act, in order to recover the penalty, as afore-
said, every such church-warden or church-wardens, deacon or deacons, el-
der or elders, who shall happen to be at such church or other place of divine
worship as aforesaid, when suc^i ofience against this Act shall be commit-
ted, and who shall wilfidly neglect, after having notice of the offence, to
inform as aforesaid, within twenty days next after such offence committed,
shall forfeit and pay, for every such neglect, to any person who will inform
for the same within five days next after the expiration of the said twenty
days, the sum of twenty shillings, current money of the Province afore-
said, for every person so offending as aforesaid, to be recovered as afore-
said.
IV. And he it further enacted by the authority aforesaid, That incase
Penalty for ne- any person or persons, as aforesaid, liable to bear arms, as aforesaid, being at
gleet. such church or other place of divine worship, as aforesaid, who shall refuse
or neglect, on demand of the said church-warden or church-wardens,
deacon or deacons, elder or elders, respectively, (or in case none such shall
be present, then on demand of any commissioned officer of the militia in
this Province,) to produce and shew his gun or pair of horse pistols and
ammunition, required so to be brought with such person and persons, as
aforesaid, to the intent it may be known whether the same are fit for imme-
diate use and service, every such person so refusing or neglecting to produce
and shew the same, shall, for every such offence, forfeit and pay the sum
of twenty shillings, current money, to be recovered, paid and applied in
the same way and manner, and to the same uses, as the first forfeiture in
this Act mentioned is directed to be recovered, paid and applied.
V. And whereas, an Act of the General Assembly of this Province, en-
titled "An Act for the better ordering and governing negroes and other
slaves in this Province," which hath been found to be a whole.some and
beneficial law, is near expiring ; Be it therefore enacted by the authority
OF SOUTH CAROLINA. 419
Acts relating to Slaves. A. D. 1747.
aforesaid, that the said Act entitled "An Act for the better ordering and
governing negroes and other slaves in this Province," passed the tenth day (^j^gd ^aii?con'
of May, in the year of our Lord one thousand seven hundred and forty, be, tinued.
and is hereby declared to be, revived, continued and enacted to be of full
force and virtue for and during and unto the full end and term of three years
after the passing of this Act, and from thence to the end of the next
.session of the General Assembly, and no longer ; and this Act, and every
matter and thing herein contained, shall continue and be of force for the
same time, and no longer.
BENJ. WHITAKER, Sjjeaker.
In the Council Chamber, the 7th day of May, 1743.
Assented to : WILLIAM BULL.
AN ACT FOR GIVING FREEDOM TO A NeGRO MaN NAMED AeRAH, No. 754.
LATE A Slave belonging to Mr. Hugh Cartwright ; and to
CONFIRM THE FREEDOM OF ALL NeGROES AND OTHERS WHO HAVE
BEEN OR SHALL BE SlAVES TO ANY OF THE INHABITANTS OF THIS
Province, that already have, or shall hereafter, having been
TAKEN, MAKE THEIR ESCAPE FROM HIS MaJESTy's ENEMIES, AND
RETURN TO THIS PROVINCE.
WHEREAS, a negro man named Arrah, late a slave, belonging to Mr.
Hugh Cartwright, of this Province, hath, by his humble petition to the
General Assembly, set forth, that on the thirteenth day of April, in the year
of our Lord one thousand seven hundred and forty-five, he, the said Arrah,
was taken prisoner by a French privateer sloop, of Cape Roman, in a
schooner belonging to the said Hugh Cartwright ; and that great encour-
agement was offered to be given him by the enemy if he would join with
them against the English, and assist them as a pilot for the Carolina coast,
but he refusing to accept their offer, was sold as a slave to a French mer-
chant at Porto Rico, from whence he fo\md means to make his escape, and
returned to this Province ; and humbly praying that the premises being
considered, such relief might be granted to the petitioner as should seem
most meet: And forasmuch as itTis doubtful whether the property in the
said negro man Arrah, was entirely altered by his being taken and sold as
a slave by the enemy, at Porto Rico aforesaid ; and whereas, his returning
to this Province was his own act, out of fidelity to the English : To the
intent, therefore, that as well the said negro man Arrah, as all other negroes,
and others, who have been or shall be slaves to any of the inhabitants of
this Province, and have made or shall make their escape from his Majesty's
enemies after being taken by them, may not be molested after their return
to this Province — we humbly pray your most sacred Majesty that it may
be enacted,
I. And be it enacted, by his Excellency James Glen, Esquire, Cover-
nor-in-chief and Captain-general, in and over his Majesty's Province of
South Carolina, by and with the advice and consent of his Majesty's
420 STATUTES AT LARGE
A. D. 1 747. Acts relating to Slaves.
honorable Council, and the Assembly of this Province, and by the authority
of the same. That the said negro man named Arrah, and all other negroes
and others, who have been or shall be slaves to any of the inhabitants of
this Province, that already have made or hereafter shall make their escape
from his Majesty's enemies, after having been taken by them, and return
to this Province, he, they, and every of them, shall forever after be deem-
ed and taken as free negroes ; and he, they, and every of them, shall be,
and are hereby, enfranchised and forever delivered and discharged from
the yoke of slavery, to all intents and purposes whatsoever ; any law,
usage or custom, to the contrary thereof in any wise notwithstanding.
II. And whereas, the said negro man Arrah did return to this Province
before the passing any law giving freedom to slaves returning under such
circumstances, and as the giving freedom to Arrah in particular may be
of great service to the public, and as it is not reasonable the expense of
such service should be wholly borne by the said Hugh Cartwright, Be it
jurther enacted by the authority aforesaid. That there shall be paid out of
the public treasury of this Province, to the said Hugh Cartwright, the sum
of two hundred and lift}' pounds, current money, in lieu and full satisfac-
tion for the said negro man Arrah.
III. And he it further enacted by the authority aforesaid, That this
Act shall be deemed a public Act, and all courts in this Province are to
take notice of the same without special pleading.
HENRY MIDDLETON, Speaker.
In the Cowndl Chamber j the 12th day of June, 1747.
Assented to: JAMES GLEN.
No. 790- AN Additional and Explanatorv ACT to an Act of the Gene-
ral Assembly of this Province, entitled "An Act for the
BETTER Ordering and Governing Negroes and other Slaves in
THIS Province ;" and for continuing such part of the said Act
as is not altered or amended by this present Act, for the
ter3i therein mentioned.
Preamble.
WHEREAS, the Act entitled ^'An Act for the better ordering and
governing negroes and other slaves in this Province," is in many parts
insufficient to answer the purposes for which the same was designed, many
further regulations being necessary to be made for those purposes : We
therefore humbly pray his most sacred Majesty that it may be enacted,
I. And be it enacted, by his Excellency James Glen, Esquire, Governor.
Duty of patrol in-chief and Captain-general in and over the Province of South Carolina, by
iis to appro- and with the advice and consent of his Majesty ^s honorable Council, and
the House of Assembly of the said Province, and by the authority of the
same, That in case any commander of a patrol, or any commission offi-
cer of the militia, in this Province, shall, at any time hereafter, receive
information that any fugitive or runaway slaves that have been out thirty
days, or longer, are met together at any place, to the number of three, or
OF SOUTH CAROLINA. 421
Acts relating to Slaves. ■*. D, 1751,
more, such commander of the patrol or commission officer of the militia,
shall be obliged, and he and they is and are hereby obliged, enjoined, a»d ^^^^^y "jf^gg"^"
required, with ah convenient speed, to summon a party of the men under
his or their command, respectively, and with them forthwith to go in search
of, and to take or disperse, such fugitive or runaway slaves; and if such fugi-
tives or runaways shall refuse to stand or submit to be taken, it shall and
may be lawful for such party to fire upon them , or any of them ; and if any
such fugitive or runaway slave or slaves shall happen to be killed by such
party, then any three freeholders of the neighborhood, being first duly sworn
by the next justice for that purpose, are hereby impowered to ascertain the
damages sustained by the owner or owners of such slave or slaves so killed,
and to certily the same under their hands, or the hands of a majority of
them, to the public treasurer for the time being, who shall pay such dama-
ges to tire owner or oAvners of such slave or slaves, out of the pubhc trea-
sury ; provided, that the damages so to be ascertained shall not exceed
the value of forty pounds, proclamation money, for any one fugitive or
runaway slave. And if any such fugitive or runaway slave or slaves, shall
happen to be wounded, maimed or disabled by such party, the damages
may in like manner be ascertained and certified by three freeholders, as
aforesaid, which shall be paid to the owner or owners of such wounded,
maimed or disabled slave or slaves, out of the public treasury, as aforesaid.
And in case the commander of any patrol, or commission officer of the
militia, after having received information of fugitive or runaway slaves
being got together as aforesaid, shall neglect or refuse, by the space of
three days, to summon a party of men, and go in pursuit of such fugitives
or runaways, as is herein before directed, every such commander of the
patrol and commission officer, shall forfeit the sum of ten pounds, current
money, for evc-y such offence, to be recovered and applied as is herein,
after directed. And in case any of the men summoned to be of such
party shall neglect or refuse to attend at the time and place appointed for
that purpose by such commander of the patrol or commission officer of the
militia, or after attending, shall refuse or neglect to go in pursuit of such
fugitive or runaway slaves, every such offender shall forfeit the sum of five
pounds, current money, for every such offence, to be recovered and ap-
plied as is hereinafter directed.
II. And for the encouragement of such as shall go in pursuit of fugitive
or runaway slaves as aforesaid, Be it further enacted by the authority eward.
aforesaid. That there shall be paid the sum of five pounds, current money,
for every slave apprehended or taken by any party of the patrol or militia
as aforesaid, by the owner or owners of such fugitive or runaway slaves,
which may be recovered by warrant from any justice of the peace for the
county.
III. And he it further enacted, by the authority aforesaid, That it shall
and may be lawful to and for any white person or persons, to apprehend Any citizen
any notorious fugitive slave that shall have been runaway for the space of "^^y apprehend
twelve months, or upward. And in case such fugitive slave cannot be runaway,
otherwise taken, it shall be lawful for any such white person or persons, to
kill such notorious runaway ; any law, usage or custom, to the contrary
thereof in any wise notwithstanding. And the damages sustained by the
owner of such runaway, shall and may be ascertained and certified in the
manner herein before directed, which shall be paid out of the public trea-
sury, as aforesaid ; provided, that such damages shall not exceed the sum
of thirty pounds, proclamation money.
422
STATUTES AT LARGE
A. D. 1715.
Acts relating to Slaves.
IV. And be it further enacted by the authority aforesaid, That it shall
No slave to not be lawful for any slave, on any pretence whatever, to carry a gun or
carry fire arms ^^y other fire arm, with ammunition, to hunt, or for any other purpose,
muster's clear- without the cleared lands of the master or owner of such slave, under pain
ed lands. of being whipt, not exceeding twenty stripes. And it shall and may be
lawful to and for any white person or persons whatsoever, to seize, take
away, and keep, to his and their own proper use, any gun or other fire
arm which he or they shall find in the possession of any slave, without the
cleared lands of the master or owner of such slave ; any former law, usage
of custom, to the contrary thereof notwithstanding; provided, tha.t such
person shall, within ten days, produce such gun or fire arm to a magis-
trate, and make oath that they were taken from a slave or slaves, in pur-
suance of the direction of this Act.
V. And he it farther enacted by the authority aforesaid. That in case
No free negro any free negro, mulatto or mestizo, shall lend any arms, of any kind what-
to lend arms to ever, to any slave or slaves, all and every such arras shall be, and are here-
by declared to be, forfeited to the use of such person or persons as shall
discover the same ; provided that proof be made as aforesaid. And more-
over, every such free negro, mulatto or mestizo so otfending, shall forfeit
and pay the sum of five pounds, current money, for every such offence, to
the informer or informers, to be recovered by warrant from any justice of
the peace for the county where the offence shall be committed. And in
case such offender shall neglect or refuse to pay the said forfeiture forthwith,
such justice of the peace shall order corporal punishment to be inflicted
upon such offender, not exceeding twenty stripes.
VI. And he it further enacted by the authority aforesaid. That in case
One slave beat, g^jiy gjaye shall beat or wilfully maim or wound the slave of another person,
1 112" Q.notn6r> ^
so that the master or owner of such beaten, maimed or wounded slave
shall be deprived of his or her service or labour, for any term or time what-
soever, the master or owner of the slave offending, shall be, and he or she
, is hereby, obliged and required to make satisfaction to the person injured,
for the damages sustained thereby ; provided, that the same shall not ex-
ceed the value of four pounds, proclamation money; which damages shall
and may be recovered in the same manner as debts are recoverable by the
Act for the trial of small and mean causes.
VII. And whereas, the detestable crime of poisoning hath of late been
Poisoning. frequently committed by many slaves in this Province, and notwithstand-
ing the execution of several criminals for that offence, yet it has not been
sufficient to deter others from being guilty of the same ; Be it therefore
enacted by the authority aforesaid. That not only such negroes, mulattoes
and mestizoes, whether free or bond, as shall administer poison to any per-
son or persons, whether free or bond, but also all and every negro, mulatto
and mestizo, whether free or bond, who shall furnish, procure or convey
any poison to any slave or slaves, to be administered to any person or per-
sons as aforesaid, and also all such negroes, mulattoes and mestizoes,
whether free or bond, as shall be privy (and not reveal the same,) to, the ad-
ministering of any poison to any person or persons as aforesaid, or be privy
(and not reveal the same,) to the furnishing, procuring or conveying any
poison to be administered to any person or persons as aforesaid, shall be
deemed and adjudged, and all and every of them are hereby declared to
be, felons, and shall suffer death, in such manner as the persons appointed
and empowered by the Act for the better ordering and governing negroes
and other slaves in this Province, for trial of slaves, shall adjudge and de-
termine.
OF SOUTH CAROLINA. 423
Acts relating to Slaves. A. 1), 1751.
VIII. And for the encouragement of slaves to make discovery of the
designs of others to poison any person , Be it further enacted by the autho- fo^nei *° '"'
rity aforesaid, That every negro, mulatto or mestizo, whether free or bond,
who shall hereafter give information of the intention of any other slave
to poison any person, or of any slave that had furnished, procured or con-
veyed any poison to be administered to any person, shall, upon conviction
of the ofiender or offenders, be entitled to and receive a reward of four
pounds, proclamation money, out of the public treasury of this Province,
to be drawn for by the justices before whom such offender or offenders shall
be tried : Provided alioays nevertheless, that no slave shall be convicted
upon the bare information of another slave, unless poison shall be found
upon the party or parties accused, or some other circumstance or overt act
appear by which such information shall be coroborated.
IX. And jjrovided also, and be it further enacted, by the authority afore-
said. That in case any slave shall be convicted of having given false in- Pu„ishment for
formation, whereby any other slave may have suffered wrongfully, every false informa-
such false informer shall be liable to and suffer the same punishment as was*'°"*
inflicted upon the party accused ; any law, usage or custom to the contrary i
notwithstanding.
X. And he it further enactedhy the authority aforesaid. That in case any
slave shall teach or instruct another slave in the knowledge of any poison- And for teach-
ous root, plant, herb, or other sort of poison whatever, he or she, so offend- i"g 'o poison,
ing, shall, upon conviction thereof, suffer death as a felon ; and the slave
or slaves so taught or instructed, shall sutler such punishment (not extend-
ing to life or limb,) as shall be adjudged and determined by the justices
and freeholders, or a majority of them, before whom such slave or slaves
shall be tried.
XI. And to prevent, as much as may be, all slaves from attaining the
knowledge of any mineral or vegetable poison, Be it further enacted by the ^'^ "^^^^ ^^ ^^
authority aforesaid. That it shall not be lawful for any physician, apothe- an apothecary
cary or druggist, at any time hereafter, to employ any slave or slaves in the
shops or places where they keep their medicines or drugs, under pain of
forfeiting the sum of twenty pounds, proclamation money, for every such
offence, to be recovered and applied as is hereinafter directed.
XII. And be it further enacted by the authority aforesaid. That no negroes
or other slaves (commonly called doctors,) shall hereafter be suffered or Negro doctors
permitted to administer any medicine, or pretended medicine, to any other P''"'^^'^'^^'^"
slave, but at the instance or by the direction of some white person ; and in
case any negro or other slave shall offend herein, he shall, upon complaint
and proof thereof made to any justice of the peace for the county, suffer
corporal punishment, not exceeding fifty stripes.
XIII. And be it further enacted by the authority aforesaid, That it shall
not be lawful for any negro or other slave to sell any rice or Indian corn jvegroes not to
out of Charlestown, to any person whoever, other than their master ordeal in rice or
mistress. And in case any person or persons whosoever, out of Charles- '^°™"
town, shall purchase of any negro or slave belonging to another person,
any rice or Indian corn, without the consent of his master, he, she or they
shall forfeit the sum of forty shillings, proclamation money, besides the rice
and corn so bought, for every such offence, to be recovered and applied as
ife hereinafter directed. '
XIV. And tvherens^ by the seventeenth paragraph of the said Act, enti-
tled "An Act for the better ordering and governing negroes and other slaves
in this Province," it is (among other things therein contained,) enacted that
away.
Compensation
to owners of
slaves execu-
ted.
STATUTES AT LARGE
Acts relating to Slaves.
every slave who shall endeavor to delude or intice any slave to run away
and leave this Province, shall, upon conviction, sutler death; which is a
punishment too great for the nature of the offence, as such offender might
. _. ^ afterwards alter his intention ; Be it therefore enacted by the authority afore-
othJr7To 'run^said, That such part of the said paragraph as relates only to slaves endea-
voring to delude or intice other slaves to run away and leave this Province,
shall not operate or take effect, unless it shall appear that such slave (so
endeavoring to delude or entice other slaves to run away and leave this
Province,) shall have actually prepared provisions, arms, ammunition, horse
or horses, or any boat, canoe or other vessel, whereby such their intentions
shall be manifested ; any thing in the said Act to the contrary thereof, in
any wise, notwithstanding : Provided always, as in the said seventeenth
paragraph of the said Act is provided.
XV. And be it further enacted by the authority aforesaid. That in case
any slave or slaves shall hereafter be put to death for any crime or crimes
whatever, the justices, or one of them, with the advice and consent of any
two of the freeholders who shall try such slave or slaves, shall, before they
award and order their sentence to be executed, appraise and value the said
slave or slaves so to be put to death, at any sum not exceeding forty
pounds, proclamation money, for any one slave ; and shall certify such ap-
praisement to the public treasurer of this Province, who is hereby autho-
rized and required to pay the same ; one moiety thereof, at least, to the
owner", and the other moiety, or such part thereof as such justices and
freeholders shall direct, to the person or persons injured by the offence for
which such slave or slaves shall suffer death ; any thing contained in the
said Act to the contrary thereof in any wise notwithstanding.
XVI. And whereas, there is not any provision made by the said Act
for the subsistence of slaves that may become lunatic, belonging to poor
persons who may be unable to provide for the maintenance of such lunatic
slaves, or to keep them so conffned as to prevent their doing mischief. Be
it tlitrefore enacted by the authority aforesaid, That in case any slave be-
longing to a poor person in any parish in this Province, hath or shall
hereafter become lunatic, it shall and may be lawful to and for any justice
of the peace for the county where such lunatic slave may be, and such
justice shall be, and he is hereby, required and enjoined, upon the first
notice thereof, to cause such lunatic to be secured in some convenient
place in the parish where such lunatic may be, as well to prevent his or her
doing any mischief, as for the better subsisting such lunatic slave. And
the charge and expense of keeping and maintaining such lunatic, shall be
borne and defra}^ed by the inhabitants of the parish, respectively, where the
same may happen; and such charge and expense shall be assessed, levied
and collected, in the same way and manner, and by the same persons, as the
poor tax is directed to be assessed, levied and collected, in and by an Act
of the General Assembly, entitled " An Act for the better relief of the
poor of this Province," passed the twelfth day of December, one thou-
sand seven hundred and twelve. And the persons appointed by the said
Act to collect the poor tax, are hereby vested with all the powers and author-
ities for the assessing, levying and collecting the expense for keeping and
maintaining lunatic slave's, as are given by the said Act for the assessing,
levying and collecting the taxes for the relief of the poor.
XVII. And whereas, slaves which run away and lie out for a considerable
space of time, at length become desperate, and stand upon their defence
with knives, weapons or arms; therefore, in order to encourage all persons
whatever, to hazard themselves in endeavoring to apprehend or secure any
Provision for
lunatic slave
OF SOUTH CAROLINA. ' 425
Aces relating to Slaves. ^- '^* ^^•'''■
such runaway or outlier, Be it further enacted bv the authority aforesaitl,
■^, •„ ■^ 1 ,1 , .• 1 o. " 111 Kevvard for ap-
That if any person shall, at any time hereatter, apprehend and secure any piehending
slave who shall have been runaway from his master or owner, for at least runaways.
the space of six months, and who shall endeavor to defend himself with a
knife, sword, cutlass, gun, pistol, or other weapon, such person, being a
white man, shall, over and above the reward provided by law, in case of his
being maimed, wounded or disabled, be entitled to a reward of twenty
pounds current money, from the master or owner of the said slave. And
if such person be a slave himself, he shall be entitled to a reward of
ten pounds current money, in like manner; which reward shall be recover-
ed by warrant, from any justice of the peace, upon oath made of the fact
before him.
XVIII. And whereas, upon the trials of slaves in this Province, it hath
sometimes happened, that certain circumstances have attended the facts punishment
upon such trials, as would have induced the justices and freeholders to ""t'g;ited, in
have mitigated the punishment, but being strictly bound by the letter of
the law, such slaves have sutfered death. Be it therefore enacted by the
authority aforesaid. That in all and every trial hereafter, for any offence
committed by any negro or other slave, against the said recited Act, or
against this present Act, it shall and may be lawful to and for the justices
and freeholders, upon such trial, or a majority of them , to mitigate the
punishment to be inflicted upon the oflender, in all and every case where
any favorable circumstance shall appear and induce them to be of opinion
that such punishment ought to be mitigated ; any thing in the said recited
Act, or in this present Act, to the contrary thereof in any wise notwith-
standing.
XIX. And he it furtlier enacted by the authority aforesaid, That all the
fines, penalties and forfeitures, imposed or inflicted bv this Act, not exceed- f^l'i^*^ ^"^^ '°'''
. •i ' lt?itnrt^s iiow to
ing twenty pounds current money, shall and may be sued for and recovered |,g i-eco'vered
in the same way and manner as by the Act for the trial of small and mean and applied.
causes is appointed and directed. And such fines, penalties and forfeitures
as shall exceed the sum of twenty pounds current money, shall and may be
sued for and recovered by action of debt, bill, plaint or information, in any
court of record in this Province, wherein no privilege, protection, essoign
or wager of law, shall be allowed or admitted, nor any more than one im-
parlance ; and shall be applied, one half to the use of his Majesty, his heirs
and successors, to be disposed of as by the General Assembly shall be direct-
ed, and theother half to him or them who will inform and sue for the same.
XX. And he it jurther enacted by the authority aforesaid, -That this Act This a public
shall be deemed a public Act, and as such, shall be taken notice of by all Act.
judges, justices, magistrates and courts in this Province, without pleading
the same.
XXI. And. he it further enacted by the authority aforesaid. That this
Act, and such part of the said Act entitled " An Act for the better ordering j^^ duration,
and governing negroes and other slaves in this Province,'' as is not altered
or amended by this present Act, shall be and continue of full force and
virtue, for and during the full end and term of seven years, and from
thence to the end of the then next session of the General Assembly.
ANDREW RUTLEDGE, Speaker.
In the Council Chamber, the 11th May, 1751.
Assented to: JAMES GLEN-
VOL. VII— 54.
STATUTES AT LARGE
Acts relating to Slaves.
No. 822. AN ACT to prevent the inveigling^ stealing and carrying away
Negroes and other Slaves in this Province ; and to prevent
THE carrying AWAY OF ScHOONERS OR PeTTIAUGARS ; AND ALSO, FOR
REPEALING SO MUCH OF AN AcT ENTITLED " An AcT FOR THE BET-
TER ORDERING AND GOVERNING OF NeGROES AND OTHER SlAVES IN
THIS Province," as relates to the time within which offend-
ers THAT ARE APPREHENDED SHALL BE TRIED ; AND GIVING THE JUS-
TICES AND Freeholders a power to postpone the trial of such
OFFENDERS.
WHEREAS, by the laAvs of this Province, negroes and other slaves are
Preamble deemed to be chattels personal, and are, in every respect, as much the pro-
perty of their owners, as any other goods or chattels are; and whereas ^
no punishment can be inflicted by the laws now in force upon persons in-
veigling, stealing and carrying away any such slaves from their lawful
owners or employers, that is adequate to so great and growing an evil;
and whereas, the inhabitants of this Province are liable to and receive
great injustice and damage by such unwarrantable and pernicious practices
and wicked proceedings; therefore, to prevent and punish, as much as may
be, such evil, we humbly pray your most sacred Majesty that it may be
enacted,
I And be it enacted by his Excellency, James Glen, Esquire, Govern-
or-in-chief and Captain General, in and over his Majesty's Province of
elavesTmade South Carolina, by and with the advice and consent of his Majesty's coun-
felony. cil, and the House of Assembly of the said Province, and by the authority
of the same, Tliat from and immediately after the twenty-fourth day of
June next, all and every person and persons, who shall inveigle, steal and
carry away any negro or other slave or slaves, or shall hire, aid or counsel
any person or persons to inveigle, steal or carry away, as aforesaid, any
such slave, so as the owner or employer of such slave or slaves shall be de-
prived of the use and benefit of such slave or slaves, or that shall aid any such
slave in running away or departing from his master's or employer's service,
shall be, and he, she and they is and are hereby declared to be, guilty of
felony ; and being thereof convicted or attainted by verdict or confession,
or being indicted thereof shall stand mute, or will not directly answer to
the indictment, or will peremptorily challenge above the number of twenty
of the jury, shall sutfer death as felons, and be excluded and debarred of
the benefit of clergy.
n. And ivhereas, several of the inhabitants of this Province, owners of
schooners and pettiaugars, are under a necessity of employing others as
awTy*^scho'("^ patrons and masters in the navigation thereof, and are liable to receive
ners or peui- great prejudice by the wilful and felonious carrying away such schooners
augars. ^^^ pettiaugars, by the person or persons to whose care and management
the same are entrusted ; Be it therefore enacted by the authority aforesaid,
That all and every person or persons, that shall, after the passing ol this
Act, carry away any schooner or pettiaugar committed to his or their
care and management, fraudulently , and with the intention to steal or deprive
the owner of the property of the same, from any part of this Province to
any other part thereof or elsewhere, whereby the owner of such schooner or
pettiaugar shall be deprived of them or any of them, or the use and benefit
of thena or any of them, shall be, and he and they is and are hereby
OF SOUTH CAROLINA. 427
Acts relating to Slaves. A. D. 1754.
declared to be, guilty of felony; and being lawfully convicted thereof by
verdict or confession, or being indicted thereof, shall stand mute, or will
not directly answer to the indictment, or will peremptorily challenge above
the number of twenty of the jury, or shall upon such indictment be out-
lawed, shall suffer death as felons, and be excluded and debarred of and
from the benefit of clergy.
III. And ivhereas, by the Act entitled " An Act for the better ordering
and governing negroes and other slaves in this Province," passed the (., ■
tenth day of May, one thousand seven hundred and forty, it is enacted, be tried.
that a justice of the peace shall, upon complaint made or information re-
ceived of an offence committed by any slave, for which capital punishment
may be inflicted, commit the offender to the safe custody of the constable
of the parish where such offence was committed, and shall, without delay,
by his warrant, call to his assistance any one of the nearest justices of the
peace to associate with him, and shall, by the same warrant, summon any
number of the neighboring freeholders, not less than three or more than five,
to meet at a certain day and place, not exceeding three days after the ap-
prehending of such slave or slaves, and finally hear and determine the
matter brought before them, in the most expeditious and summary manner.
And whereas, it may frequently happen to be impossible to procure the
justice and freeholders, and the witnesses who are capable of giving
such evidence as would subject the offenders to the punishment inflicted by
law, to attend such trial within the time by the said Act prescribed ; where-
by such offenders, though guilty, may escape the punishment due to their
offences. Therefore he it enacted by the authority aforesaid, That the said
clause, so far as the same relates to the trial of such slave, at any time
not exceeding three days after his being apprehended, shall be, and is
hereby, from and immediately after the passing of this Act, repealed.
IV. And be it enacted by the authority aforesaid, That it shall and may be
lawful for the justice who shall commit the offender, to issue his warrant;
under his hand and seal, to call to his assistance any one of the nearest jus-
tices of the peace to associate with him, and to summon the freeholders, as
mentioned in the said Act, to meet together with the said justice at a cer-
tain day and place, not exceeding six days after the apprehending such
offender ; and that it shall be left to the discretion of the said justices and
freeholders, at any time within si.x days after the apprehending such slave,
and his being committed by a justice of the peace for trial, to postpone
the said trial to such further time as they shall think proper and appoint,
upon oath being made before them, or affidavit produced to them, that the
person or persons who was or were witnesses to such fact, for which such
slave was apprehended, is or are ill, and cannot with safety attend such trial,
or is or are at too great a distance to be there within the time by this Act
directed for such trial.
JAMES MICKIE, Speaker.
In, the Council Chamber, the 11th day oj" May, 1754.
Assented to: JAMES GLEN.
428 STATUTES AT LARGE
A- 1). 1776. J^cts relating to Slaves.
No. 1025. AN ORDINANCE to direct the manner of procukixg Negroes
TO BE EMPLOYED IN THE PUBLIC SERVICE.
WHEREAS, a number of able male slaves are frequently wanted on very
pressing occasions for tbe public service, which will not admit of delay,
and it would be very detrimental to the State if speedy and effectual
means are not provided to supply the public, from time to time, with such
a number of male slaves as the exigency of affairs may require to be
employed on the public works, for the defence and security of this State :
I. Be it therefore ordained, by his Excellency John Rutledge, Esquire,
President and Commander-in-chief in and over the State of South Caro-
lina, and by the honorable the Legislative Council and General Assembly
of tlie said State, and by the authority of the same, That the President
and Commander-in-chief, by and with the advice of the privy council for
the time being, shall have power and authority, and he is hereby author-
ized and impowered, whenever and as often as the public service shall
require it, to issue his orders to the several committees of the parishes and
districts throughout this State, or such of them as he, with the advice
aforesaid, shall judge proper, demanding of them, respectively, such num-
ber of able male slaves, tit for labour, as shall, in his discretion, be thought
adequate to the exigency of the case, and the circumstances and abilities
of the district. And the said committees, or any three or more of their
members, respectively, are hereby empowered and required, immediately
on receiving such orders, to proceed, in the most expeditious manner, to
rate and fix the proportion that each owner of slaves within their respec-
tive parishes and districts shall be obliged to furnish towards completeing
the number of slaves demanded, according to the best information or know-
ledge they can obtain. And the said committees, or any three or more of
their members, respectively, having determined and agreed on the quota
of each owner, shall forthwith give notice thereof, in writing, requiring
such owner and owners, or in his or their absence, the overseer or manager,
at a day certain, to cause so many able bodied male slaves as in the said
notices, respectively, shall be specified, to be conveyed, with the utmost
dispatch, to the place or places appointed by the President's order, furnish-
ed with such tools and implements, if in the power of the owner, as shall
be directed and required.
IL And he it farther ordained by the authority aforesaid, That if any
owner or owners of slaves, the overseer or manager thereof, having notice
as aforesaid, shall refuse or neglect to send and convey the negroes requir-
ed of him or her, as his or her quota and proportion, and shall not actually
and faithfully cause the said negroes so allotted, to proceed to the place of
their destination, according to the notice given by such committees, or
any three or more of their members, respectively, that then and in every
such case, the said committees, respectively, shall have power, and they,
or any three or more of their members, respectively, are hereby authorized
and required, by warrant under their hands, directed to an)- one or more
persons, to cause such and so many negroes belonging to the person or
persons so neglecting or refusing, as were ascertained as his or her quota,
to be immediately impressed, seized and conveyed to Charlestown, or other
place of destination, there to be employed and kept in the public service,
for and during the space of three months, if so long wanted, without any
pay, wages or allowance whatever to the owner or owners thereof
in. And be it further ordained by the authority aforesaid, That if it
OF SOUTH CAROLINA. 429
Actf relating to Slaves.
shall appear to the saiid committees, or any three or more of their members,
respectively, more conducive to the public service, or more convenient to
the inhabitants in general, that then they shall use their best discretion and
judgment, either to take the number of negroes required by the President's
order, from the whole district or parish, in equal proportions, according to
the number each owner possesses, or to divide and parcel the district or
parish into classes or divisions, obliging each class or division alternately
to supply the number required, and to relieve each other by turns, at the
expiration of a certain given time ; or to make such other just and equita-
ble arrangement or regulation in the premises, as may best suit the parti-
cular circumstances of the people, or most effectually promote the public
good ; j^f'ovided always, that no negroes so sent and employed on the pub-
lic works, shall be returned or discharged until a like number shall actually
arrive to replace them, if wanted.
IV. And be it further ordained by the authority aforesaid. That every
owner who shall, in obedience to this Ordinance, send his slaves to work
on the public account, agreeable to the appointment of the committees, or
any three or more of their members, as aforesaid, respectively, shall receive
for each negro, per day, the sum of ten shillings, current money, free of
deduction, from the time of leaving their master's or mistress's service to
the time they may be discharged from the public service, allowing a rea-
sonable time for returning home, over and besides the maintenance of the
said slaves.
V. And be it further ordained hy the authority aforesaid. That the said
committees, or any three or more of their members, respectively, shall have
power and authority, and they are hereby required, to cause a double pro-
portion of slaves to be sent to work for the public benefit, as aforesaid,
from all and every person and persons resident in their respective parishes
and districts, who have not subscribed the general association of the inhab-
itants of this State, and taken the oath of fidelity to the present govern-
ment of the same, or who shall refuse to subscribe the said association, or
take the said oath, on its being tendered by any of the members of the
committees, as aforesaid, who are hereby severally authorized and impow-
ered to administer such oath.
VI. And be it further ordained by the authority aforesaid. That this
Ordinance shall be of force for and during the term of one year from the
passing thereof.
THOS. SHUBRICK, Speaker of the Legislative Council.
JAMES PARSONS, Speaker of the General Assembly.
In the Council Chamber, the 9th day oj October, 1776.
Assented to : J. RUTLEDGE.
STATUTES AT LARGE
Acts relating to Slaves.
No. 1372. AN ORDINANCE to impose a Penalty on any person who shall
IMPORT INTO THIS StATE ANY NeGROES, CONTRARY TO THE INSTAL-
MENT Act.
I. Be it ordained, by the honorable the Senate and House of Represen-
tatives, met in General Assembly, and by the authoritj- of the same, That
any person importing or bringing into this State a negro slave, contrary to
the Act to regulate the recover}- of debts and prohibiting the importation
of negroes, shall, besides the forfeiture of such negro or slave, be liable to
a penalty of one hundred pounds, to the use of the State, for every such
negro or slave so imported and brought in, in addition to the forfeiture in
and by the said Act prescribed.
Ill the Senate House, the twenty-eighth 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 Representatives.
No. 1389. AN ACT authorizing persons having in their possession, or
TAKING UP, RUNAWAY SlAVES, TO SEND THEM TO THE GaOLS OF THE
DISTRICTS WHERE THEY MAY BE APPREHENDED, AND NOT TO THE
WoRK-HousE OF Charleston.
I. Be it enacted, by the honorable the Senate and House of Representa-
tives, in General Assembly met, and by the authority of the same. That
every person or persons, having in custody or taking up one or more run-
away slaves, shall cause the same to be conveyed and delivered to the
gaoler of any district in which such slave shall be apprehended, within five
days after having such slave in custody, under the penalty of twenty shil-
lings for each day he or they shall neglect to carry such slave to the gaoler,
to be recovered by the owner, before a magistrate, or any court of record,
as the case may require ; and the said gaoler shall, on receiving such slave
or slaves, confine and be answerable for the same, and give a receipt there-
of, and also give his note of hand to the person so delivering the same, for
the amount of the party's trouble and expenses, allowing four pence per
mile, and a half dollar per da}', allowing twenty-five miles per day going,
only, and the sum of ten shillings for taking up every such slave, if a
runaway, which note shall be made payable to the bearer, and reimbursed
to the gaoler, immediately, out of the amount sales of every such negro, or
when his owner shall take him out of gaol, which shall not be before such
owner shall pay such and other lawful charges for confining and maintain-
ing of such slave ; j^fovided, that where any person hath or shall take up
any slave, he shall cause him to be conveyed to a neighbouring justice,
who may examine the party on oath, touching the distance and time in
which he hath necessarily travelled, and in which he shall go with such
slave the nearest way to the district gaol, and thereof shall give a certifi-
Gate, on a just estimate of such time and distance ; without which certificate
OF SOUTH CAROLINA. 431
V Acts relating to Slaves. ^- ^^- '^^^•
the gaoler shall not be obliged to give his note ; but he shall, notwithstand-
ing, take every such slave into confinoment. And in all cases where such
slave or slaves shall be delivered to any gaoler, he shall safely keep, adver-
tise and dispose of them, according to the directions of an Act passed the
tenth day of March, one thousand seven hundred and eighty-four, to oblige
persons having negroes and other property, to render an account thereof;
and for every day the said gaoler shall wilfully neglect to advertise such
slave or slaves, after having him or them in his custody, agreeable to the
directions of the said Act, he shall forfeit ten shillings for each slave, to be
recovered by the owner before a magistrate, or in any court of record, as
the case may require.
II. And be it further enacted by the authority aforesaid. That such part
of the said Act as obliges persons residing in any other district than
Charleston, and having in their custody such slaves, to convey them to the
warden of the work-house of Charleston, shall be, and the same is hereby,
repealed.
In the Senate Housp, 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 Indepen-
deuce of the United States of Anierica.
JOHN LLOYD, President of the Senate.
JOHN J. PRINGLE, Speaker of the House of Representatives.
AN ACT TO PROHIBIT THE IMPORTATION OF SlAVES FROM AfRICA, OR No. 1544.
OTHER PLACES BEYOND SEA, INTO THIS StATE, FOR TWO YEARS ; AND
ALSO TO PROHIBIT THE IMPORTATION OR BRINGING IN SlAVES, OR
Negroes, Mulattoes, Indians, Moors or Mestizoes, bound for a
TERM of years, FROM ANY OF THE UnITED StATES, BY LAND OR BY
WATER.
WHEREAS, it is deemed inexpedient to increase the number of slaves
within this State, in our present circumstances and situation ;
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 no slave shall be imported into this State from
Africa, the West India Islands, or other place beyond sea, for and du-
ring the term of two years, cominencing from the first day of January next,
which will be 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
slave or negro, Indian, Moor, mulatto or Mestizo, bound to service for a
term of years, shall be brought into this State, by land or by water, from
any of the United States, or any of the countries bordering thereon, ever
hereafter ; provided neiiertheless , that it shall and may be lawful for anj^ci-
tizen of the United States, coming to settle with his family in this State
from any of the United States, and actually settling in this State for five
years, to bring along with him or her, all such slaves as he, she or they may
possess, in his, her or their own right, or as guardian for any person remo-
ving with him , her or them ; but no person shall be permitted , under color
432 STATUTES AT LARGE
A. n. 1792. jlcts relating to Slaves.
of such removal, to bring with him, her or them, into this State, for sale,
the slave or slaves of any other person ; and j^fovidcd also, that if any
citizen of this State shall intermarry with a citizen of another State, it shall
and may be lawfid for such citizen to bring into this State all such slaves
as he or they may actually and directly acquire by such intermarriage ; and
pronidi'd, nothing in this Act contained shall be construed to extend to the
servants or domestics of persons travelling to and from and into this State,
from any of the United States, or to the domestics of persons arriving
from any other place, and residing not more than six months in this State ;
but such servants or domestics shall, in such case, be permitted to be sold,
or to remain in this State, at the departure of their owners or masters.
III. And he it further enacted by the authority aforesaid, That if any
slave or negro, Indian, Moor, mulatto or mestizo, bound to service for a
term of years, shall be imported or brought into this State, contrary to the
true intent and meaning of this Act, such slave or slaves, negro, Indian,
Moor, mulatto or mest'zo, shall be deemed and taken as a forfeiture to the
State ; one third part of whose value shall be paid to the person or persons
making information of such importation or bringing in ; and the person or
persons importing or bringing in such slave or slaves, negro, Indian, Moor,
mulatto or mestizo, contrary to the intent and meaning of this Act, shall,
moreover, be subject to a penalty of fifty pounds for every slave or negro,
Indian, Moor, mulatto or mestizo, so brought in.
IV. And he it further enacted by the authority aforesaid. That where
any person has knowledge of or sufficient grounds to believe that any slave
or negro, Indian, Moor, mulatto or mestizo, has been imported or brought
into this State, contrary to the true intent and meaning of this Act, it shall
and may be lawful for such person to make information thereof to a magis-
trate, upon oath, who is hereby required and directed to issue his warrant
against the person accused of such importation or bringing in, and who,
upon hearing the informer and person accused, may either discharge the
accused, if he thinks there is no just cause of information or good grounds
of suspicion ; or if there appears'sutlicient cause of information, he shall
forthwith take into safe keeping all the slaves, negroes, Indians, Moors,
mulattoes or mestizoes so imported or brought into this State, contrary to
this Act, unless the party accused give ample security for re-delivery of
the same slave or slaves, Indian, Moor, negro, mulatto or mustizo, if ad-
judged to be forfeited ; and said magistrate shall forthwith proceed to sum-
mon to his aid one other magistrate and three freeholders, who shall hear
the parties and adjudge thereon as to lav/ and justice doth belong; and if
either the informer or person accused are dissatisfied with the judgment of
the single magistrate, or the magistrates and freeholders, they shall be allow-
ed an appeal from such judgment to the next court of common pleas to be
holden for the district where such trial has first been had, where the said
appeal shall be tried before a jury of the country, without delay ; the judg-
ment of which court shall be final and conclusive.
In tlie 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 seventeenth year of the Independence
of the United States of America.
DAVID RAMSAY, T resident of the the Senate.
JACOB READ, Speaker c/f the House of Representatives.
OF SOUTH CAROLINA. 433
Ads relating to Slaves. ^- ^' ^"'■''^•
AN ACT TO REVIVE AND EXTEND AN AcT ENTITLED " An AcT TO No. 1605.
PROHIBIT THE IMPORTATION OF SlAVES FROM AfRICA, OR OTHER PLA-
CES BEYOND Sea, INTO THIS StATE, FOR TWO YEARS ; AND ALSO, TO
PROHIBIT THE IMPORTATION OR BRINGING IN OF NeGRO SlAVES, Mu-
LATTOES, Indians, Moors or Mestizoes, bound for a term of
YEARS, from any OF THE UnITED StATES, BY LaND OR WaTEr/'
I. Be it enacted by the Honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the au-
thority of the same. That an Act entitled " An Act to prohibit the im-
portation of slaves from Africa, or other places beyond sea, into this State,
for two years ; and also, to prohibit the importation 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," be, and the same is here-
by, extended, until the first day of January, in the year of our Lord one
thousand seven hundred and ninety-seven.
IL And be it fur flier enacted by the authority aforesaid. That it shall
not be lawful, at any time hereafter, for any slave or free negro, mulattoe
or mestizoe, or other person of color, whether bond or free, to be imported
or brought into this State, or to land or enter the State, from the Bahamas
or West India Islands, or from any part of the continant of America, with-
out the limits of the United States, or from other parts beyond sea ; and
all and every slave and slaves, which shall be imported or brought as afore-
said, upon landing or being landed or conducted within this State, shall be,
and the same are hereby declared to be, forfeited; and the Governor is
hereby authorized and required to transport said slave, and sell him or her ;
one hklf of the proceeds for the benefit of the State, and the other half to
the informer : and moreover, the person or persons who shall import or
bring in such slaves, upon being convicted thereof, shall forfeit and pay to
the State, the sum of fifty pounds for each slave so unlawfully imported or
brought in ; and the ship or vessel or other vehicle by which such slaves
shall be so unlawfully imported or brought in, are hereby declared respon-
sible for paying the same, and shall forthwith be taken possession of, for
and on behalf of the State, unless the offender or ofienders, or some other
person or persons, will, before some judge or magistrate, enter into bond
and good security to the State for the payment of such penalty, together
with costs and charges, as shall be adjudged to be forfeited, under or by
virtue of this Act. And if any free negro, mulattoe or mestizoe, or other
person of color, bond or free, from any of the places or parts aforesaid,
shall land or enter the State of their own accord, they, and each of them,
shall immediately be apprehended and committed to gaol, and notice of
such commitment shall immediately be given to the Governor of the State,
who is hereby required to cause such person or persons to be transported
to the place from whence they came, or such other place as he may deem
most advisable ; and to provide for the maintenance of such persons during
their necessary confinement, (should they not have wherewith to support
themselves,) it shall and may be lawful for the sheriff and gaoler to com-
pel them to such reasonable labor as may be conveniently provided for them.
In the Senate House, this twentieih day of December, in the year of our Lord one
thousand seven hundred and ninety-four, and in the nineteenth year of the American
Independence.
DAVID RAMSAY, President of the Senate.
JACOB READ, Speaker of the House of Representatives.
VOL. VII.— 55.
434 STATUTES AT LARGE
A. D. 1 796. jicts relating to Slaves.
No. 1645. AN ACT to prohibit the importation of Negroes, until the first
DAY OF January, one thousand seven hundred and ninety-nine.
WHEREAS, it appears to be highly impoHtic to import negroes from
Africa, or other places beyond seas.
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 importation of negroes from Africa, and
other places beyond seas, be, and it is hereby, prohibited, until the first day
of January, one thousand seven hundred and ninety-nine ; and every slave
who shall be imported contrary to this Act, upon landing, or being landed
or conducted into this State, shall be forfeited ; and the Governor is hereby
authorized and required to sell such slave ; one half of the proceeds of the
sale to be for the benefit of the State, and the other half to the informer.
n. And be it further enacted by the authority aforesaid, That the per-
son or persons who shall import or bring in such slave, upon being con-
victed thereof, shall forfeit and pay to the State, fifty pounds for each slave
so imported or brought into this State ; and the ship, vessel, or other vehicle,
in which such slaves shall be so unlawfully imported, is hereby declared
responsible for paying the same, and shall forthwith be taken into posses-
sion, for and on behalf of the State, unless the offender or offenders, or
some other person or persons, will, before some judge or magistrate, enter
into bond with good security to the State for payment of such penalty,
together with costs and charges, as shall be adjudged to be forfeited, under
or by virtue of this Act.
In the Senate House, the nineteenth day of December, in the year of our Lord one
thousand seven hundred and ninety-six, and in the twenty-first year of the Indepen-
dence of the United States of America.
DAVID RAMSAY, President of the Senate.
ROBT. BARNWELL, Speaker of the House of Representateves.
No. 1658. AN ACT more effectually to prevent Shop-keepers, Traders,
AND others, from DEALING WITH SlAVES HAVING NO TICKETS FROM
THEIR MASTERS ; AND FOR OTHER PURPOSES THEREIN MENTIONED.
WHEREAS, it is found expedient to adopt measures more effectually to
prevent slaves without tickets from dealing with shop-keepers, traders and
others, to the prejudice of their owners ;
L Be it therefore enacted by the Honorable the Senate and House of Re-
presentatives, now met and sitting in General Assembly, and by the autho-
rity of the same, That if any shop-keeper, trader, or other person, shall, at
any time hereafter, by himself or any other person, directly or indirectly,
buy or purchase from any slave, in any part of this State, any corn, rice,
peas, or other grain, bacon, fiour, tobacco, cotton, indigo blades, or any
other article whatever, or shall otherwise deal, trade or traffic with any
slave not having a ticket or permit so to deal, trade or traffic, or to sell any
such article, from and under the hand of his master or owner, or such other
OF SOUTH CAROLINA. 485
Acts relating to Slaves. A. D. 1798.
■person as may have the care or management of such slave, such shop-
keeper, trader or other person, shall, for every such offence, forfeit not ex-
ceeding two hundred dollars, to be recovered by bill, plaint or indictment,
one half to the use of the State, and the other half to the use of the in-
former, in any court of this State having jurisdiction to take cognizance-
thereof.
In the Senate House, the twentieth day of December, in the year of our Lord one thousand
seven hundred and ninety-six, and in the twenty-first j'ear of the Independence of
the United States of America.
DAVID RAMSAY, President of the Senate.
ROBT. BARNWELL, Speaker of the House of Representatives.
AN ACT TO REVIVE AND EXTEND AN AcT ENTITLED " An AcT TO No. 1696.
PROHIBIT THE IMPORTATION OF NeGROES UNTIL THE FIRST DAY OF
January, one thousand seven hundred and ninety-nine,'' until
THE FIRST DAY OF JaNUARY, EIGHTEEN HUNDRED AND ONE.
I. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and it is hereby enacted
by the authority of the same. That an Act passed on the nineteenth day
of December, one thousand seven hundred and ninety-six, entitled "An
Act to prohibit the importation of negroes until the jfirst day of January,
one thousand seven hundred and ninety-nine," be, and the same is hereby,
extended to the first day of January, one thousand eight hundred and one.
In the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand seven hundred and ninety-eight, and in the twenty-third year of the Indepen-
dence of the [Jnited States of America.
JOHN WARD, President of the Senate.
WM. JOHNSON, Speaker of the House of Representatives.
AN ACT TO PROTECT Slaves belonging to third persons, from No, 171
BEING distrained FOR ReNT NOT DUE BY THEM.
WHEREAS, it is manifestly unjust that any person's negroes should be
taken to pay rent that he does not owe, and very many widows and orphans
are exposed to this injustice, who derive their support from the wages of
slaves whom they hire out ; 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 from and after the passing of this Act, no slave shall be
436 STATUTES AT LARGE
A. D. ] 800. Acts relating to Slaves.
liable to be distrained, or shall at any time be distrained, for house rent, or
any other rent, unless such slave shall, bona tide, belong to such person or
persons as may be lawfully liable to or chargeable with such rent.
In the Senate House, the eighteenth day of December, in the year of our Lord one thou-
sand seven hundred and ninety-nint\ and in the twenty-fourth year of the Indepen-
dence of the United Slates of America.
JOHN WARD, President of tlie Senate.
WM. JOHNSON, Speaker of the House of Representatives.
No. 1740. AN ACT further to revive and extend an Act entitled "An
. Act to prohibit the Importation of Negroes until the first
DAY of January, one thousand seven hundred and ninety-nine,
UNTIL THE first DAY OF JaNUARY, ONE THOUSAND EIGHT HUNDRED
AND ONE," TO THE FIRST DAY OF JaNUARY, ONE THOUSAND EIGHT
HUNDRED AND THREE.
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 an Act passed the nineteenth day of December, one thou-
sand seven hundred and ninety-six, entitled "An Act to prohibit the im-
portation of negroes until the tirst day of January, one thousand seven
hundred and ninety-nine,'' be, and the same is hereby, further extended to
the first day of January, one thousand eight hundred and three.
In the Senate House, the twentieth day of December, in the year of our Lord one thousand
eight hundred, and in the twenty-filth year of the Independence of the United States
of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speaker of the Home of Representatives.
No. I744.3AN ACT TO PREVENT NeGRO SlAVES AND OTHER PERSONS OF CoLOUR,
FR03I BEING BROUGHT INTO OR ENTERING THIS StATE.
I. Beit enacted, by the honorable the Senate and House of Representa-
Necrocs &c tives, now met and sitting in General Assembly, and by the authority of
proiiil.iie.1 1.0m the same, That it shall not be lawful, at any time after the passing of this
eiitriiig this giii^ fjjj. any person or persons, to bring into this State, either by land or
water, (except as is hereinafter excepted,) any negro, mulatto, mestizo, or
other slave or servant of color, for sale within this State, or to be kept
therein ; nor shall it be lawful for any free negro, mulatto or mestizo, at
any time after the passing of this Act, to enter into this State. And every
such person of colour, as aforesaid, being a slave, or bound to service for a
term [of] years, or free, who shall be sent or brought into this State, or J
OF SOUTH CAROLINA. 437
Acts relating to Slaves. A D.J 800.
shall enter and come into the same, contrary to this Act, shall and may be
apprehended, and taken before a justice of the peace within the district
where he or she shall be so apprehended, by any citizen or free white man
who shall be an inhabitant of such district, to be dealt with as is herein-
after provided.
II. And he it enacted by the authority aforesaid, That it shall and may ^^ . , ,
iir-if --fi -i-oi ■ r- ■ Warrants lo be
be lawiul tor any justice oi the peace in this btate, to whom information issued against
shall be made, on oath, by any person or persons, that he or they know, or °ff^"'^^''s-
have reason to believe, that any negro, mulatto or mestizo, slaves, or any
negro, mulatto or mestizo, indented or hired for a term of years, have
been, or are about to be, introduced or brought into this State, contrary to
law, to issue his or their warrant, addressed to any constable, or should he
deem it necessary to call an armed force, to any militia officer, as the case
may require, directing him, with the corps under his command, to pursue,
seize and take all such negroes, mulattoes and mestizoes, together with
the white person or persons who may have them in charge, or accompany-
ing them, and lodge the offender or ofTenders in the nearest gaol to the
place where they are so taken ; and in case such justice or justices, to
whom such information shall be offered, shall not, within twelve hours,
issue his or their warrant, he or they shall forfeit and pay the sum of two-
hundred dollars, to be recovered by suit in any court of record in this
State, one half thereof to be paid into the treasury, as a fund for defray-
ing the expenses in putting this Act in force, and the other half to the
informer who shall sue for and recover the same ; and in which suits the
defendants shall not be entitled to an imparlance ; and further, it is declar-
ed, that such justice or justices so offending, shall, after indictment and
conviction, be disqualified and shall be rendered incapable of holding any
office of profit or trust in this State, for the term of five years after such
conviction.
III. And he it enacted by the authority aforesaid, That it shall and may
be lawful for any such officer of the militia, as aforesaid, and he is hereby Officers of
authorized and required, immediately upon receipt of such warrant, to '^''"'^^° ®^f"
assemble the corps under his command, or such part thereof as he shall warrants,
deem sufficient for that purpose, and, by himself or such officer under his
command as he shall see fit to depute for that purpose, to seize and take
every such negro, mulattoe or mestizo, being a slave, or a servant either in-
dented or hired for a term of years, or free, and also every person accompa-
nying and having charge of such slave or servant ; and every of them, being
so taken, to commit, by writing under the hand of such officer so taking the
said persons, to the custody of the keeper of the public gaol of the district
wherein the said capture shall take place ; and it shall be the duty of every
such gaoler, in such case, to receive and safe keep, every such person, in his
gaol, till thence delivered by due course of law. And it shall be lawful
for every such officer of militia, and also for those persons who shall act
immediately under the command of such officer, and in conformity to the
authority hereby vested in such officer, in case resistance shall be made
by any such slave or servant, as aforesaid, or by any person accompanying
and having charge of such slave or servant, to the authority of such officer
in enforcing the observance of this Act, and in the lawful exercise of the
duties required by the same, to employ force to overcome such resistance,
and if need be, to attack, wound and kill any person who shall resist, as
aforesaid, or any person who shall aid and assist therein, as in cases of
invasion, rebellion or insurrection.
IV. And be it enacted by the authority aforesaid, That every such officer,
438 STATUTES AT LARGE
A . 1). 1800. j^cts relating to Slaves.
and every person acting under his command, according to this Act, shall
Persons acting be entitled to the same pay and rations, and be subject to the same rules
under such ^f niilitarv discipline, and to the same penalties, that every such officer or
warrants, enti- " u u 4.-J\ j j u- ^ ^ • i> i. • u ■ • ^ i
tied to pay. person vi'ould be entitled and subject to, in case or his being in actual ser-
vice, by virtue of the Acts of the General Assembly of this State, in re-
gard to the militia. And in case any such officer to whom any such war-
rant, as aforesaid, shall be directed and delivered, shall refuse or wilfully
neglect to proceed to execute the same, within six hours after the same
warrant shall be delivered to him, he shall, for every such refusal or neglect,
be liable to a trial by a court martial, and, upon conviction thereof by such
court, shall be cashiered, and shall be incapable of holding any office of
profit or trust in this State, for the term of five years after the sentence of
said court martial.
V. And be it enacted by the authority aforesaid, That it shall and may
Sheriffs mav be lawful for the sheriff of the district, within the gaol of which any such
sell slaves. slave or servant, as aforesaid, shall be confined, as aforesaid, after it shall
be established by the verdict of a jury, as hereinafter is provided, that
such slave or servant has been brought into this State contrary to this Act,
to sell any such slave or slaves, or servants, at the usual place, and at one
of the usual times, appointed by law for selling property at sheriffs 's sales
within his district, after giving due and sufficient legal notice of &uch inten
ded sale, for one month, at least, previously to the same ; and after deducting
and paying to those who shall be entitled thereto, all the lawful fees, char-
Nett proceeds S^^' ^"^ reasonable expenses incurred by such taking up, commitment, safe
how to be ap- keeping and maintenance of every such slave or servant ; the residue of
P ^^"' the proceeds of such sale to be divided and distributed to and among the
following persons, in the proportion following ; that is to say : — to the infor-
mer or informers, one half of the nett proceeds aforesaid, and the re-
maining half of said nett proceeds shall be apportioned and divided
among the officers, non-commissioned officers [and] privates, composing
the party by whom such slave or servant so to be sold, was taken and com-
mitted, agreeably to their respective rates of pay when engaged in actual
service.
VI. And he it enacted by the authority aforesaid. That it shall be law-
Informer a ful for the informer or informers under this Act, to give evidence to sup-
competent wit. pQj-t such information ; and every such informer is hereby declared to be a
competent witness in any court of law in this State which shall have cog-
nizance of such cause ; any law, usage or custom to the contrary thereof
notwithstanding.
Vn. And be it enacted by the authority aforesaid, That in all and
Persons cliarg- every case, where any person or persons shall be brought, as aforesaid, he-
ed with bring- ^^^^ ^[^^ justices and freeholders, charged with bringing info this State, a.s
ing in slaves, •* . . ' , p . ^ & '
to disprove the at oresaid, or having in his, her or their possession, any slave or slaves, as
charge. aforesaid, he, she or they, in order to exculpate themselves from the
penalties infficted by this Act, so far as the same regard the property which
such person or persons may claim or have in such slave or slaves, shall be
obliged, and they hereby are required, to prove the charge unfounded, which
may be so brought against them.
VIII. And be it enacted, by the authority aforesaid, That if the said jus-
Persons un- tices and freeholders shall, after a full examination of the facts herein
justly charged, authorized to be submitted to them, be satisfied that the same are un-
to be liberated, fgy^jjgj^ ^ j^ shall and may be lawful for the said justices and freeholders,
or a majority of them, to liberate and discharge the said persons so
OF SOUTH CAROLINA. 439
Acts relating to Slaves. A- ^^ l^oo.
brought before them for examination under the provisions contained in
this Act.
IX. And be it enacted, That nothing contained in this Act shall tend to
prevent any person or persons residing in any of the diiferent States to rpj^jg ^^^ jj,,^ ^^
migrate into this State, with his, her or their slaves; provided such per- prevent persons
son or persons so migrating as aforesaid, shall, before such migration, on ''■"™.'"'p^^j^'"S
oath, produce a certificate of such oath before a justice of the peace or judge,
and swear or affirm, that he, she or they have come into this State with
an intent to reside therein, and that the said slaves brought into this State,
as aforesaid, have been the bona fide property of such person or persons,
for the term of two years before the migrating of such person or persons ;
and they shall also produce to the said judge or justice, a certificate under
the hand and seal of a magistrate in the State in which such person or
persons resided, certifying that the slave or slaves intended to be brought
into this State, have been his, her or their property for the term aforesaid ;
and it may or shall not be lawful for any person or persons coming into
this State with an intent to reside therein, to dispose of or hire any slave
or slaves, so brought in by him, her or them, as aforesaid, until such person
or persons have resided herein for the full term of two years. Provided
also, that in no case, or upon any pretence whatever, shall it be lawful for
any person, being the head of a family, to bring into this State any number
of negroes exceeding ten, without the express permission of the Legisla-
ture ; and that no other person, except the head of a family, so intending to
reside in this State, shall be allowed the benefit or provision extended or
offered in the above clause of this Act.
X. And he it enacted by the authority aforesaid. That if any tax collec-
tor shall have knowledge or information of any slaves, as before mentioned. Penalty on tax
being owned by or in the possession of any person or persons whomsoever, ^^gafe^c't"^^ °^
and shall fail or neglect to give information to the nearest magistrate,
within three days after such knowledge or information, every such tax
collector shall be liable to pay the sum of two hundred dollars, to be recov-
ered and applied as hereinbefore mentioned ; and shall be, on conviction
of such offence, incapable of holding any office of profit or trust in this
State, for the term of five years thereafter.
XI. Be it enacted by the authority aforesaid, That if any person or per-
sons shall bring into this State, by land or by water, or shall have in his, P®"^jfy onp^r-
heror their possession, any slave or slaves, as aforesaid, he, she or ihey shall, sieves into this
upon conviction thereof, forfeit and pay the sum of two hundred dollars. State.
Provided always, that nothing in this Act contained shall extend to mas-
ters of vessels bringing into this State any negro, mulatto or person of
color, employed on board or belonging to such vessel, and who shall there-
with depart, he or they entering into a bond for performance thereof, with
sufficient security, before such person or persons as his Excellency the Go-
vernor for the time being shall appoint for that purpose ; or to any person
travelling into this State, having one or more negroes, mulattoes or persons
of color, as domestic servants.
XII. Be it further enacted by the authority aforesaid. That any person
or persons, having, owning or keeping any public ferry or ferries, toll bridge Penalty on fer-
or bridges, in this State, and who shall knowingly and willingly suffer to be rymen who sur-
passed, conveyed, carried or ferried over, any such negro or negroes prohibi- br'ouo'hrVnto ^
ted by law from being brought into this State, or shall, in like manner, pass, this ^tate.
convey, carry or ferry over any white person or persons having such negro
or negroes in charge, or accompanying them, shall forfeit and pay, for
440 STATUTES AT LARGE
A. 1). 1800. ^f^ig relating to Slaves.
every white person or negro so passed, conveyed, carried or ferried over,
the sum of five dollars, to be recovered in any court of record in this State;
one half to be paid to the informer or informers who will sue for and recover
the same, and the other half to be paid into the treasury of the State, in
aid of the fund to carry this law into effect.
XIII. Be it enacted by the authority aforesaid, That in all and every
Time of prose- case arising under this Act, it shall and may be lawful for any person or per-
tuting under sons to enforce or prosecute the same, at any time not exceeding two years ;
"^"^ '^'" any law, usage or custom the contrary thereof notwithstanding.
XIV. Be it enacted by the authority aforesaid. That if any person or
General jsgue Persons whatsoever, shall be sued, impleaded, molested or prosecuted, for
may be plead- any matter, cause or thing, done or executed, or caused to be done or exe-
^^' cuted, by virtue of or in pursuance of the directions of this Act, shall and
may plead the general issue, and give the special matter in evidence.
™ . , XV. Be it enacted by the authority aforesaid, That this Act shall remain
in force for ^-od continue in force for three years from the passing thereof, and till the
three years. next meeting and sitting of the General Assembly of this State thereafter,
and no longer.
In the Senate House, the twentieth day of December, in the year of our Lord one thon-
sand eight hundred, and in the twenty-fifth year of the Independence of the United
States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, SjyeaJcer of the House of Representatives.
No. 1745. AN ACT respecting Slaves, Free Negroes, Mulattoes and Mes-
tizoes ; FOR enforcing the more punctual performtnce of Pa-
troll DUTY ; AND to IMPOSE CERTAIN RESTRICTIONS ON THE EMAN-
CIPATION OF Slaves.
WHEREAS, the laws heretofore enacted for the government of slaves,
free negroes, mulattoes and mestizoes, have been found insufficient for
keeping them in due subordination.
I. Be it therefore enacted by the honorable the Senate and House of Rep-
Assemblies of resentatives of the State of South Carolina, now met and sitting; in General
slflvc^ or ir6G • "
negroes declar- Assembly, and by the authority of the same, That from and after the pas-
ed to be un- sinff this law, all assemblies and conarregations of slaves, free negroes, mu-
*^ " lattoes and mestizoes, whether composed of all or any of the above description
of persons, or of all or any of the above described persons and of a propor-
tion of white persons, assembled or met together for the purpose of mental
instruction, in a confined or secret place of meeting, or with the gates or
doors of such place of meeting barred, bolted or locked, so as to prevent
the free ingress and egress to and from the same, shall be, and the same is
hereby declared to be, an unlawful meeting ; and the magistrates, sheriffs,
militia officers, and officers of the police, being commissioned, are hereby
directed, required and empowered, to enter into such confined places where
such unlawful assemblies are convened, and for that purpose to break doors,
gates or windows, if resisted, and disperse such slaves, free negroes,
OF SOUTH CAROLINA. 441
Acts relating to Slaves. A- ^- '"''^'^■
mulattoes or mestizoes, as may be then and there found unlawfully met
together and convened; and such magistrates, sheriffs, constables, militia g^^^^j^^g ^^^^g^'
othcers, or olHcers of the patrol, are hereby impowered and required to to he treated,
call unto their assistance such force and assistance from the neighbor-
hood, as he or they may judge necessary for the dispersing of such unlaw-
ful assemblage of persons of colour, as aforesaid ; and the officers and per-
sons so dispersing such unlawful assemblage of persons, shall, if they think
proper, impose such corporal punishment, not exceeding twenty lashes,
upon such slaves, free negroes, mulattoes, or mestizoes, as they may judge
necessary for detering them from the like unlawful assemblages in future ;
and the said officers so dispersing such unlawful assemblies, shall, if within
the city of Charleston, have power to take into custody and deliver to the
master of the work house in Charleston, aforesaid, all or any of such
slaves, free negroes, mulattoes, or mestizoes, as may be found transgress-
ing this law ; and the master of the work house, aforesaid, is hereby direc-
ted and required to receive such pe?'son or persons, and inflict on him or
them such punishment as any two magistrates of the said city may think
fit and direct, not exceeding twenty lashes ; and the officers dispersing such
unlawful assemblies, shall, if without the limits of Charleston, have power
to take into custody, and deliver to the nearest constable, all or any of
such slave or slaves, free negroes or mulattoes, as may be found trans-
gressing this law ; and the said constable is hereby required to receive
such persons, and convey them to the nearest magistrate, who shall inflict
such punishment, not exceeding twenty lashes, which any such magistrate
may order and direct.
II. And he it further enacted by the authority aforesaid, That from
[and] after the passing of this Act, it shall not be lawful for any number Fine for not
of slaves, free negroes, mulattoes or mestizoes, even in company with "''"'S Patrol,
white persons, to meet together and assemble for the purpose of mental
instruction or religious worship, either before the rising of the sun or after
the going down of the same ; and all magistrates, sheriffs, militia officers,
and officers of the patrol, being commissioned, city or town guard, or
watchmen, are hereby vested with all the powers and authority for dis-
persing such assemblies, before day or after sun set, as is herein and here-
by given to them in the first clause of this Act ; and the said officers are
also impowered to impose on all such slaves, free negroes, mulattoes or
mestizoes, the same punishment as by the patrol law they are authorized
to do in any case whatsoever.
III. Be it enacted by the authority aforesaid. That every person liable
to perform patrol duty, or liable to procure a substitute to perform the said ^j^J®^^^'*!^^®^ "^^j
duty, shall, on failure (without legal excuse) to ride patrol in their respec- instruction
tive turn, for every such default forfeit and pay to the commanding officer ""^y be dis-
of the patrol, the sum of two dollars, to be recovered before the Captain of ^^'^'^
the beat or company to which such defaulter belongs, the money to go to
the use of the patrol detachment of said company.
IV^. And he it further enacted by the authority aforesaid. That every
officer or other person so entering into and dispersing such slaves, free Persons dis-
negroes, mulattoes and mestizoes, from such closed or confined places ofP'^,''®'"^ unlaw.
" . . till BSS6lTlUllCS
meeting, or from such open meeting, before sun rise or after the going to be protected,
down of the same, shall be, and he is hereby declared, under the protection
of the law, and free from all suits at law, prosecutions and indictments,
for or on account of such acts as may be done and performed by him or
them, in pursuance of the letter and meaning of this Act. And all and
VOL. VII— 56.
442
STATUTES AT LARGE
A. D. 1800.
Acts relating to Slaves.
Owners of
plaiitatinns
must employ
overseers.
every person or persons, sueing or prosecuting any officer or other person
for any trespass or tort done by him in putting in force and executing this
law, shall, on failure of convicting the party, or proving the case fully, so
as to entitle him, her or them to a recovery of damages, be liable, and
be deemed and adjudged, to pay to the party so prosecuted or sued, treble
costs, for which costs the party prosecuted or sued shall have his execution
in the usual form, against the goods and chattels of such prosecutor or in-
former or plaintitf in the cause, upon application to the clerk of the court
where the cause has been tried.
V. Be it farther enacted by the authority aforesaid. That any owner
or owners of a settled plantation, after the first of January, eighteen hun-
dred and two, containing more than ten workers, shall be required by the
tax collector to whom he shall make his return, to declare, on oath,
whether he, she or they, have resided on tlie said plantation, or have em-
ployed and kept on such plantation a white man or overseer, for the pre-
ceding year, capable of doing and performing patrol duty ; and every owner
or owners, non-resident on such plantation, neglecting to have and employ
such white man or overseer on such plantation, shall be liable, in addition
to the penalty prescribed by the Act for the better ordering and governing
negroes and other slaves, to a tax equal to the sum of one hundred dollars,
for one year, to be levied and collected by the said tax collector in the
same manner as he is by law directed to collect the general tax of this
State. And in case such owner or owners refuse to declare, on oath, to
the said collector, the truth of his, her or their having resided on such
plantation containing ten working negroes, or having failed to keep and
employ a white man or overseer on the same, agreeable to the foregoing
clause, the tax collector shall, upon such refusal, issue his execution for
double the amount of the sum to which by law he, she or they may for
such neglect be liable to pay, directed to such othcer as by law he is re-
quired to direct his tax executions to. Prodded nevertheless , that three
months shall be allowed for procuring such white person or overseer, in
case of death, disagreement, or for any other cause.
VI. And whereas, the fines imposed by the patrol law are too low, and
deemed insufficient for the compelling the due and punctual execution of
the said law : Be it further enacted by the authority aforesaid, That every
captain or commanding officer of a company or beat, who shall fail and ne-
glect, at every muster of his company, to prick of!" and make out proper lists
of patrol detachments in his said company, and appoint to such detachments
a leader, or proper officer, as by tlie patrol law he is required to do, shall, for
such default, in addition to such fine as is by the said patrol law imposed for
such neglect, forfeit the sum of eight dollars, to be recovered against him on
information before any justice of the peace, the said fine to go to the
informer.
VIL Wliereas, it hath been a practice for many years past in this State,
for persons to emancipate or set free their slaves, in cases where such slaves
cipatmg slaves, j^gyg been of bad or depraved chai-acter, or, from age or infirmity, incapa-
ble of gaining their livelihood by honest means ; to prevent which practice
in future, Be it enacted by the honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same. That from and after the passing of this Act, it shall not be
lawful for any person or persons to emancipate or set free his, her or their
slave or slaves, except according to the forms and regulations hereinafter
prescribed, to wit: Whenever any person or persons shall intend toemanci-
pate or set free his, her or their slave or slaves, he, she or they shall signify
Fine for not
making out
lists of patrol
detachments.
Manner and
form of etnan
OF SOUTH CAROLINA. 443
Acts relating to Slaves. •'^- ^' ^^^O-
such intention to some justice of the quorum, who is hereby authorized
and required thereupon to summon to meet, at a convenient time and place,
five indifierent freeholders living in the neighborhood of the person or per-
sons so intending to emancipate or set free his, her or their said slave or
slaves. And when the magistrate and the freeholders summoned as afore-
said, shall be convened, the person or persons proposing to emancipate or
set free his, her or their slave or slaves, shall produce the said slave or slaves
before the said magistrate and freeholders, and shall answer to them, upon
oath, all such questions as they shall ask concerning the character of the
said slave or slaves, and his, her or their ability to gain a livelihood in an
honest way ; and in case it shall appear to the said magistrate and free-
holders, or a majority of them, that the said slave or slaves so produced
before them, is or are not of bad character or characters, and is or are
capable of gaining a livehhood in an honest way, they shall give the follow-
ing certificate, to wit :
"We hereby certify, upon the examination, on oath, of A B, the owner
of a certain slave or slaves, named C D, or E, as the case may be, (here
describe the slave or slaves) satisfactory proof has been given to us, that
the said slave or slaves, is or are not of bad character or characters, and is
or are capable of gaining a livelihood, as the case may be, by honest
means."
VIII. Be it enacted by the authority aforesaid, That no emancipation of
any slave shall be valid or lawful, except it be by deed, and according to ^".'^'V^'P^''""
the regulations above prescribed, and accompanied by the above mentioned
certificate. And furthermore, that every person freeing any slave, shall
cause to be delivered to him or her, a copy of the deed of emancipation
and certificate aforesaid, (within ten days after such deed shall have been
executed) attested by the clerk of the court of the district, who shall re- Such deed to
cord the said deed in the respective offices ; and that the said clerk shall be 'Rcorap-d-
paid therefor by the person emancipating, the sum of four dollars ; and
that all deeds and certificates of manumission, shall be void and of non-
effect, unless such deed and certificate shall be recorded within six months
from the time the same shall have bden executed.
IX. Be it enacted by the authority aforesaid, That every person ne-
glecting or refusing to deliver to any slave by him or her set free, such Penalty for not
copy of the said deed and certificate, within ten days after the execution 'delivering a
of the same, shall forfeit and pay fifty dollars, to be recovered, with costs , jg|.^^/*
in any court of record, to the use of the person who shall sue for the same :
And in case any slave shall hereafter be emancipated or set free, otherwise
than according to this Act, it shall and may be lawful for any per.son who-
soever, to seize and convert to his or her own use, and to keep as his or
her property, the said slave so illegally emancipated or set free. Provided,
that nothing herein contained shall be so construed as to deprive any free
negro, Indian, mulatto or mestizo, in the case where he or she is unjustly
detained or held in slavery, from any remedy or redress now given by
law ; and provided also, that no part of this Act shall be construed so as
to effect or invalidate any disposition by will of persons now deceased, but
such disposition shall operate the same as if this law were not passed.
In the Senate House, the twentieth day of December, in the year of our Lord one thou-
sand eight hundred, and in the twenty-fifth year of the Independence of the United
States of America.
JOHN WARD, President of the the Senate.
THEODORE GAILLARD, Speaker of the House of Representuitves. i
STATUTES AT LARGE
Acts relathig to Slaves.
No. 1756. -^^ ACT supi'lementary to an Act entitled "An Act to prevent
Negro Slaves and Persons of color from being brought into
OR entering this State."
I. Be it enacted, by the Senate and House of Repi'csentatives, now met
p J ^ and sitting in General Assembly, and by the authority of the same, That
bringing lie- any person or persons whomsoever, who shall be convicted by the verdict of
gioesinto this a jury in any of the courts of common pleas or sessions in this State, of
bringing into, or of causing or procuring to be brought into, or of aiding or
assisting in the bringing into this State, after the passing of this Act, from
any part or place without the limits of this State, any negro, mulatto, mes-
tizo, or other slave or servant of color whatsoever, or of harbouring, or of
keeping, or of owning, or having in possession, any negro, mulatto, mesti-
zo, or other slave or servant of colour, within this State, so to be brought
into this State, as aforesaid, or of entering this State, such person or per-
sons, as the case may be, shall forfeit and pay one hundred dollars, to be
appropriated as hereinafter directed, for each and every such negro, mulat-
to, mestizo, or other slave or servant of colour whatsoever, so to be brought
into, or harboured, or kept, or owned, or being in possession, as aforesaid,
within this State ; and shall, moreover, forfeit and lose all his, her or their
right, title and interest of to and in every such negro, mulatto, mestizo and
other slave and servant of colour.
II. Andhe it enacted by the authority aforesaid. That every negro,
Every suchne- '^^•^i^''^^^*^) mestizo, or other slave, which shall come or enter into this State,
gro to 1)6 sold, from any part or place from without the limits of this State, shall and may,
upon the fact of such coming or entering into this State being found by
the verdict of a jury in any court of sessions or common pleas in this State,
be, by order of such court, sold by the sherifl'of the district wherein such
verdict shall be found, in the same manner as if seized in execution and
sold by such sheriffby virtue of a writ o^Jieri facias; and the monies which
shall arise or be made from such sale, shall be appropriated, disposed of
and paid as is hereinafter directed.
III. And he it enacted by the authority aforesaid. That it shall and may
Warrants to he be lawful for any justice of the peace or of the quorum, in this State, to
issued iigninst whom information shall be made, on oath, by any person or persons, tliat he
suL 1 negioes. ^^ they know, or have reason to believe, that any negro, mulatto, mestizo.
or other slave, or any negro, mulatto, mestizo, or person of colour, indented
or hired for a term of years, have been, after the passing of this Act, or
are about to be, introduced into or come into this State, to issue his warrant,
directed to any constable, or, should he deem it necessary to employ an
armed force, to any officer of the militia of this State, as the case may re-
quire, directing him, with the corps under his command, or so many as may
be necessary, to pursue, seize and take all such negroes, mulattoes or mes-
tizocs, together with the white person or persons who may liavc them in
charge, or be accompanying them, and to lodge the said negroes, mulattoes,
mestizoes, and white person or persons, in the gaol nearest to the place where
they shall be so taken, and the keeper of such gaol is hereby authorized and
required to receive and safely keep them and each of them.
IV. And be it enacted by the authority aforesaid, That the keeper of such
How svich ne.p.j^Qi g}^a,ll, within two days after such neeroes, mulattoes, mestizoes or
groes iu-e to be ^ , ., •' r- • i i n r i i i i • i ■ i
proceeded "white pcrson or persons, as aforesaid, shall iiave been lodged in his gaol, as
ngainst when aforesaid, sive notice thereof in writing, sio;ned with the hand of the keep-
conimiuca to ^j. ^^ g^^^j^ gaol, to some justice of the peace or of the quorum of the dis-
^^° ' Irict in which his gaol shall be situated, which said justice shall thereupon,
OF SOUTH CAROLINA. 445
Act." relating to Slaves. A. D. 1801.
without delay, by warrant under his hand and seal, call to his assistance,
and request any one of the nearest justices of the peace or of the quorum, »
to associate with him, and shall, by the same warrant, summon live of the
neighboring freeholders to assemble and meet together at a certain day
and place, not exceeding six da3^s after such notice, as aforesaid, shall have
been given to such justice, as aforesaid, in manner hereinbefore directed;
and the justices and five freeholders, so assembled, shall cause to be brought
before them the slave or slaves and free persons who shall have been lodged
in gaol, in pursuance of this or any other law of this State against the intro-
duction or entering of slaves and servants of colour into this State, and shall
hear and examine the accusation which shall be brought against them, and
his, her or their defence ; and if the said justices and freeholders, or a ma-
jority of them, shall be of opinion that the charge is not sustained, it
shall and may be lawful to and for the justices and freeholders, or a majori-
ty of them, to liberate and discharge the said slaves and persons so brought
before them for examination, as aforesaid ; and if the said justices and free-
holders, or a majority of them, shall be of opinion that the charge is sus-
tained, the said justices, or one of them, shall forthwith re-commit the said
slave or slaves and other person or persons to the gaol from whence they
came, there to be safely kept in the custody of the keeper of the said gaol,
until delivered from thence by due course of law.
V. And beit enacted hy the authority aforesaid, That so soon as thejusti-
ces and freeholders shall be assambled, as aforesaid, in pursuance of thisAct, ?^'\*° ^'^ ^^'
the said justices shall administer each to the other the following oath : "I, trates and free-
A B, do swear, in the presence of Almighty God, that I will well and truly holders.
and impartially adjudge and determine the matter now submitted to me,
according to the best of my skill and knowledge. So help me God." And
then one of the said justices shall administer the same oath to each of the
freeholders.
VI. And be it enacted by the authority aforesaid, That in all and every
case where any person or persons shall be brought, as aforesaid, before the Persons char-
justices and freeholders, charged with bringing into this State, as aforesaid , ged with bring-
or with harboring, or keeping, or owning, or having in his, her or their "^Sj^'|g§g°^y^
possession, within this State, any slave or slaves, or free negroes, mulatto, must exculpate
mestizo or otlier person of color, indented for any term of time, he, she or ''^'^'"^^'v^s-
they, to exculpate himself, herself or themselves, from the penalties inflicted
by this Act, so far as the same regards the property or interest which such
person or persons may claim or have in such slave or slaves, negro, mulat-
to, mestizo, or person of color whomsoever, shall, by force of this Act, be
obliged, and he, she and they are hereby respectively required, to prove the
charge untrue, which shall be so, as aforesaid, brought against him, her or
them.
VII. Ajid be it enacted by the authority aforesaid, That the keeper of
every public ferry within this State, shall, within thirty days after the pub- Oath to be ta-
lication of this A.ci, take and subscribe the following oath, before some ius- !*''" ^^ ^H r
~ K66DGrs 01 icr*
tice of the peace or quorum of the district whereiii the person required to ries.
take such oath shall reside, and cause or procure such oath to be filed in the
office of the clerk of the court of common pleas in such district ; that is to
say : "I, A B, do swear, (or affirm, as the case may be,) that I will, to
the best of my ability, carry, and cause to be carried, into effect this Act,
and an Act to prevent negro slaves and other persons of colour, from being
brought into or entering this State." And every such person who shall ne-
glect or refuse to take, and cause and procure to be filed, such oath or
446 STATUTES AT LARGE
A. D. 1801. ^cts relating to Slaves.
affirmation, as is hereinbefore directed, shall forfeit and pay the sum of
one hundred dollars.
VIII. And he it enacted by the authority aforesaid, That each and every
Appropriation Penalty and forfeiture to be inflicted in pursuance of or by virtue of this
of penalties in- Act, shall be appropriated, distributed and applied in manner following;
flu ted by this jj^j^j- jg ^^ ^^^ . ^j^^ fourth part thereof to the person or persons who shall in-
form and prosecute to conviction ; provided, that the informant shall swear
or affirm, as the case mav be, that the money so to be received by him is
not nor shall not be paid over or held in trust for or to the use of the person
so informed against ; and in case the said informant shall not take such
oath, then the said fourth part to go as is hereinafter provided ; one fourth
part to the corps who shall seize, take and lodge in gaol, as aforesaid, any
slave or person or persons, whomsoever, as aforesaid, on their respectively
swearing or conforming to the restrictions hereinbefore prescribed, as to the
informer ; and the remaining part to the promoting a school or other semi-
nary of learning, in the district where such conviction shall be had.
IX. Arkd he it enacted by the authority aforesaid. That it shall and may
Slaves «SiDc. ^^ lawful to and for any person travelling into or through this State, to
may be brought bring into the same one or more slaves or free persons of color, not exceed-
into this State ijj„ iy^rQ as neceesarv attendants on such person or his or her family, and
restrictions. for iio other purpose whatsoever ; provided nevertheless, to exempt such per-
son from the operation of this Act, every such person, (except members of
congress, judges of the federal court, and public functionaries of the United
States,) shall make oath before some justice of the peace or of the quo-
rum of this State, near to the place where they shall enter the same, that
such slave or slaves or persons of colour is or are his or her necessary at-
tendants, and that he or she will not sell or dispose of such slave or person
of colour, but will take the same back with her or him to his or her usual
place of residence : and provided., also, that this shall not be construed to
permit any person going out of this State to bring into the same an)^ slave
or person of color, which he or they did not take with him or her from this
State.
Penalty for ne- ^* "^"^ ^^ *^ enacted by the authority aforesaid, That every person who
gleet of the du- shall refuse or neglect to discharge any of the duties on him enjoined by
ties imposed by this Act, he shall therefor forfeit and pay the sum of twenty dollars, to be
recovered and distributed as hereinbefore directed.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and one, and in the twenty-sixth year of the Independence of
the United States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLA.RD, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
Acts relating to Slaves.
AN ACT TO ALTER AND AMEND AN AcT ENTITLED " AN AcT TO PRE- No. 178T.
VENT Negro Slaves and persons of Color from being brought
INTO OR entering THIS StATE;" AND ALSO , AN AcT SUPPLEMENTARY
TO THE Act AFORESAID ; AND FOR OTHER PURPOSES THEREIN MEN-
TIONED.
WHEREAS, the Act entitled "An Act to prevent negro slaves and
persons of color from being brought into or entering this State/' passed Preamble,
the twentieth day of December, in the year of our Lord one thousand
eight hundred ; and the Act entitled " An Act supplementary to An Act
entitled An Act to prevent negro slaves and persons of color from being
brought into or entering this State," passed the nineteenth day of Decem-
ber, in the year of our Lord one thousand eight hundred and one, are found
to be too rigorous and inconvenient.
L Be it therefore enacted^ by the Senate and House of Representatives,
now met and sitting in General Assembly, and by the authority of the Parts of former
same. That all clauses and parts of the said two Acts, shall be, and they •'^'^^^ repealed,
are hereby, repealed, so far as they prevent citizens of other States to pass
through this State to any other State or States, with negro slaves or other
persons of color, bona fide their own property; provided nevertheless, that
every person intending to pass through this State with his or her slaves,
shall take and subscribe, before some justice of the quorum or of the peace,
near to the place where such person shall enter this State, the following
oath.
"I, A B, do swear, that the slaves which I am to carry through this State,
are bona tide my property, and that I will not sell, hire or dispose of the
said slaves, or either of them, to any resident or citizen, or body corporate
or politic, or any other person or persons whomsoever within the State of
South Carolina, but will travel directly to the place where I intend to
move."
And such justice shall give him a certificate thereof ; provided also, that
the said oath be lodged in the clerk's office of the district in which the same
shall be taken ; and the certificate of the magistrate aforesaid, shall be
countersigned by the clerk aforesaid, which certificate shall be produced to
any person demanding the same. Also, so far as they prevent citizens of
other States who come into this State to settle, to bring in with them negro
slaves or other persons of color, bona fide their own property at the time
of their bringing them in. And also, so far as they prevent any citizen of
this State to bring into the same any negro slaves or other persons of color, ,
which he, she or they may acquire or have acquired, bona fide, by descent,
will, deed of gift from parents to children, the consideration of which is
natural love and aflection or marriage.
n. And be it further enacted by the authority aforesaid. That all and
every person or persons removing or to remove into this State, with
their slaves, shall, immediately on entering into this State, take the follow-
lowing oath, before some justice of the quorum.
"I, A B, do swear, that my removal into the State of South Carolina, is Qg^j^ j^^ j^^ jg^_
with no intent of evading the several laws of this State for preventing the ken by persons
further importation of slaves into this State; nor have I brought with me '"°^'"S.**? ''^'^
any slave or slaves, with an intention of selhng them ; nor will I sell or their^ slaves,
dispose of any slave or slaves so brought with me as aforesaid, within two
448 STATUTES AT LARGE
A. D. 1802. ^cts relating to Slaves.
years from the date hereof; and it is my intention, bona fide, to become a
resident in and citizen of the said State.'''
And shall render to the said magistrate, at the same time, a writing
Slaves bioiiglit under such person's hand, containing the number, names and particular
into this State descriptions of such slave or slaves. And in case any person or persons
law to'be free, so removing into this State, as aforesaid, shall neglect or refuse to take
the oath above prescribed, or after having taken such oath, shall sell or
dispose of any such slave or slaves, before the expiration of the time above
limited, each and every slave so brought in or sold, or disposed of as afore-
said, shall be, and they are hereby declared to be, free, in whosoever 's hands
they may be.
III. And be it fv.rther enacted by the authority aforesaid, That each and
Slaves import- every slave who shall hereafter be imported or brought into this State,
this'^Act'~^[o be except under the limitations prescribed by this Act, shall be, and each and
free. every of them are hereby declared to be, free, in whosoever's hands they
may be.
IV. And he it enacted by the authority aforesaid, That the guardian of
Guardian of gygj^ slave claimino- his or her freedom, shall be liable to double costs of
slave claiming . ._ . • i n i tit l^ -j
freedom, liable suit, II his action shall be adjudged groundless, and that the said guar-
to double costs (ji^n shall be liable to pay the bona fide owner of such slave, all such dama-
fail^s_ ' ges as shall be assessed by a jury and adjudged by any court of common
pleas.
In the Senate House, the eighteenth day of December, in the year of our Lord one thou-
sand eight hundred and two, and of the Independence of the United States of
America the twenty-seventh.
JOHN WARD, President of the Senate.
ROBERT STARK, Speaker of the House of Representatives.
No. 1811. AN ACT to alter part of an Act entitled *' An Act respecting
Slaves, Free Negroes, Mulattoes and Mestizoes; for enforcing
the more punctual performance of Patrol duty ; and to impose
certain restrictions on the emancipation of Slaves."
WHEREAS, certain religious societies in this State have petitioned the
Legislature to alter part of an Act entitled " An Act respecting slaves,
free negroes, mulattoes and mestizoes ; for enforcing the more punctual
performance of patroll duty ; and to impose certain restrictions on the
emancipation of slaves."
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, after the passing of this Act, it shall not be lawful for any
person or persons, at any time before nine o'clock in the evening of any
day, to break into any place of meeting wherein shall be assembled the
members of any religious society of this State ; provided, a majority of
them shall be white persons; or otherwise to disturb their devotion ; unless
such person or persons so entering the said place, shall have first obtained
from some magistrate appointed to keep the peace of the State, a warrant
OF SOUTH CAROLINA. 449
Acts relating to Slaves. A. D. 1803.
authorizing him or them so to do ; in case a magistrate shall be then actual-
ly within the distance of three miles from such place of meeting, other-
wise the provisions of the above recited Act to remain in full force.
In the Senate House, the seventeenth day of December, in the year of our Lord one
thousand eight hundred and three, and in the twenty-eighth year of the Indepen-
dence of the United States of America.
JOHN GAILLARD, President of the Senate.
ROBERT STARK, Sjjeaker of the House of Representatives.
AN ACT TO ALTER AND AMEND THE SEVERAL AcTS RESPECTING THE No. 1814.
IMPORTATION OR BRINGING INTO THIS StATE, FROM BEYOND SEAS,
OR ELSEWHERE, NeGROES AND OTHER PERSONS OF COLOUR ; AND FOR
OTHER PURPOSES THEREIN MENTIONED.
I. 5e it enacted, by the honorable the Senate and House of Represen-
tatives, now met and sitting in General Assembly, and by the authority of Former Acts
the same, That the following Acts, to wit : "An Act to prohibit the im- '"'"J"^^''^'^*
portation of slaves from Africa, or other places beyond sea, into this State,
for two years ; and also to prohibit the importation 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 the twenty-
first day of December, in the year one thousand seven hundred and ninety-
two ; also "An Act to revive and extend an Act entitled 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 importation 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 the twen-
tieth day of December, in the year one thousand seven hundred and
ninet3'-four ; also, "An Act to prohibit the importation of negroes until
the first day of January, one thousand seven hundred and ninety-nine,"
passed the nineteenth day of Decembor, in the year one thousand seven
hundred and ninety-six ; also, "An Act to revive and extend an Act entitled
An Act to prohibit the importation of negroes until the first day of Janu-
ary, one thousand seven hundred and ninety-nine, until the first day of
January, one thousand eight hundred and one,'' passed the twenty-first
day of December, in the year one thousand seven hundred and ninety-
eight ; also "An Act further to revive and extend an Act entitled An Act
to prohibit the importation of negroes until the first day of January, one
thousand seven hundred and ninety-nine, until the first day of January,
one thousand eight hundred and one, to the first day of January, one
thousand eight hundred and three," passed the twentieth day of December,
in the year one thousand eight hundred ; and also "An Act to alter and
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 supple-
mentary to the Act aforesaid, and for other purposes therein mentioned,
passed the eighteenth day of December, in the year eighteen hundred and
two — shall be, and the same are hereby, repealed.
VOL. VII.— 57.
450
STATUTES AT LARGE
A. D. 1803.
Acts relating to Slaves.
bited from the
Biiliania or
West India
Islands.
the sister
States
II. And be it further enacted by the authority aforesaid, That from
Importation of and after the passing of this Act, no negro, mulatto, mestizo, or other
negroes prohi- person of colour, whether bond or free, shall be imported or brought into
this State, or enter the same, from the Bahama or West India Islands, or
from the continent of South America ; nor shall any negro or person of
colour, who heretofore hath been, or now is, or hereafter shall be, resident
in any of the French West India islands, enter or be brought jnto this
State, from any part or place without the limits thereof.
III. And be it further enacted by the authority aforesaid, That no male
And also from slave above the age of fifteen years shall be imported or brought into this
State, from any of our sister States, unless the person importing such
negio, shall produce, and file in the office of the clerk of the district where
the person so importing may reside, a certificate under the hands of two
magistrates, and the seal of the court of the district where the said negro
or negroes have resided for the last twelve months previous to the date of
the certificate, that such negro or negroes are persons of good character,
and have not been concerned in any insurrection or rebellion.
IV. And be it further enacted by the authority aforesaid, That an Act
Former Acts entitled "An Act to prevent negro slaves, and other persons of colour,
made of force. ^^^^^-^ being brought into or entering this State," passed the twentieth day
of December, in the year one thousand eight hundred ; also "An Act supple-
mentary to an Act entitled An Act to prevent negro slaves and persons
of colour from being brought into or entering this State," passed the nine-
teenth day of December, in the year one thousand eight hundred and one^
shall be , and the same are hereby declared to be , in full force and opera-
tion, so far as the same shall or may apply to the provisions contained in
the preceding clauses of this Act, and in no other. And the said Act,
passed the twentieth day of December, in the year one thousand eight
hundred, shall be, and the same is hereby declared to be, a perpetual Act.
V. And be it further enacted by the authority aforesaid, That each and
Negroes enter- every negro and negroes, mulatto and mulattoes, mestizo and mestizoes,
contrary ^tcTuie *^^ Other person or persons of colour whatsoever, whether free or bond,
provisions of brought, sent or entering into this State, contrary to the provisions of this
fnrfpWpH' '°^^ ^^^^ ^^^ ^"^ ^^^^ same are hereby declared to be, forfeited, one half to the
State and the other half to the informer or informers, to be recovered in
the name of the State, by action, in the nature of the action of detinue,
wherein it shall not be necessary to prove that the defendant in the suit
was in possession of the person or persons aforesaid, at the time of
commencincr the same ; and the said informer and informers are hereby
declared competent witnesses in the aforesaid suits, in any courts in this
State having cognizance thereof.
VI. And whereas, Moses Glover, Mary M'Kenzie, his mother-in-law,
Moses Glover and the son of Mary Sophia Glover, wife of the said Moses Glover, are
"' °'° desirous to remove certain negroes to this State from the Bahama islands,
for settlement, not exceeding one hundred and seventy slaves : Be it there-
fore enacted by the authority aforesaid. That the said Moses Glover, Mary
M'Kenzie, and Moses Glover, in right of his wife, for John Hepburn, her
son, shall have permission to bring the said negroes into this State. Pro-
vid.€d nevertheless, that the said Moses Glover, for himself and John Hep-
burn, the son of the said Mary Sophia Glover, his wife, and the said Mary
M'Kenzie, on the arrival of the said negroes into this State, shall make
oath, before one of the associate judges of this State, that the said negroes
3o brought in, were bona fide their property at the time of the passing this
forfeited.
and others,
pennittfd to
bring certain
negroes into
this State.
OF SOUTH CAROLINA. 451
Acts relating to Slaves. A. D. 1803.
Act, are negroes of good character, have never been concerned in priva-
teering, and that they are brought in for settlement, and not for sale.
VII. And whereas^ Thomas Hunt is desirous of bringing into this State,
•from the Bahama Islands, certain negroes which have been given him by -^1^^,^^^^^ y,
his father : Be it therefore enacted by the authority aforesaid, That the permitted to
said Thomas Hunt shall be, and he is hereby, permitted, from and after the '^""-^ certain
passing of this Act, to bring into this State, from the Bahama islands, any this State" °
number of the said slaves, not exceeding fifty ; the said Thomas Hunt,
immediately on the arrival of the said negroes in this State, going before
one of the associate judges of this State, and making affidavit that the
said negroes so brought in, were bona fide the property of the said Thomas
Hunt, at the time of the passing of this Act, are negroes of good charac-
ter, have never been concerned in privateering, and that they are brought
in for settlement, and not for sale.
VIII. And, he it further enacted by the authorit)^ aforesaid, That in all
and every case where any negro, mulatto, mestizo, or other person of Negroes com-
colour, charged with having been brought, imported, or sent, or with 'J.'^,'"'" I"" ,
,. ° ,-i-oi ,1 ^ state, and not
naving come or entered into this State, contrary to any law thereof, heing claimed
and who shall not be claimed by any person, it shall and may be law- ^^ ^"y person,
iul to proceed against such negro, mulatto, mestizo, or other person proceeded
of colour, by indictment in any court of record, in which the nature of against,
the offence shall be stated ; and upon a verdict being found in favor of
the State, such person or persons shall be forfeited and sold, and the pro-
ceeds thereof appropriated as provided by law : And also, that the mode
of trial before magistrates and freeholders, prescribed by an Act entitled
"An Act to prevent negro slaves and other persons of colour from being
brought or entering into this State," passed the twentieth day of Decem-
ber, in the year one thousand eight hundred ; and also, by an Act supple-
mentary to the same, be, and the same is hereby, abolished.
In the Senate House, the seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and three, and of American Independence the twenty-eighth.
JOHN GAILLARD, President of the Senate.
ROBERT STARK, Speaker of the Hottse of Representatives.
AN ACT TO PROHIBIT THE IMPORTATION OF SlaVES INTO THIS StATE No. 2107.
FROM ANY OF THE UniTED StaTES ; AND FOR OTHER PURPOSES
THEREIN MENTIONED.
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 {yj^ gj^^ggf^ j^g
the same, That from and after the passing of this Act, no slave, nor any brought into
negro, Indian, Moor, mulatto or mestizo, bound to service for life or a term '^"^ sjiate.
of years, shall be brought into this State from any of the United States, or
any of the territories or countries bordering thereon : and if any slave, or
any negro, Indian, Moor, mulatto or mestizo, bound to service for a term of
years, shall be imported or brought into this State contrary to the true intent
and meaning of this Act, such slave or slaves, negro, Indian, Moor, mulat-
to or mestizo, shall be deemed and taken as a forfeiture to the State, and
452 STATUTES AT LARGE
A. D. 1 81G. Acts relating to Sla ves.
one half of whose vakie shall be paid to the person or persons informing
of such importation or bringing in ; and the person or persons importing or
bringing in such slave, negro, Indian, Moor, mulatto or mestizo, so as
aforesaid, shall be liable to be indicted therefor, and upon conviction there-
of, shall be fined fifty dollars for every slave, negro, Indian, Moor, mulatto
or mestizo, so as aforesaid by him or them imported or brought into this
State. Provided, that if any person shall be travelling into or through this
State without any intention to reside permanently therein, with not more
than two slaves, negroes, Indians, Moors, mulattoes or mestizoes in his
possession, and shall, within two days after entering the State, go before
some justice of the peace or quorum, and render before him, in writing,
the names and description of such two slaves, negroes, Indians, Moors, mu-
lattoes or mestizoes, and make oath that he, she or the}^, will not sell or at-
tempt to sell the same, or any one of them, within this State, and that he, she
or they, v.ill not keep the same within the State longer than twelve months
from the time of his having introduced them into the State ; then, and in
that case, the person o'* persons so acting, shall not, for bringing such two
slaves, negroes, Indians, Moors, mulattoes, or mestizoes, within this State,
be subject to the penalties of this Act ; unless he, she or they, shall keep the
said two slaves, negroes, Indians, Moors, mulattoes or mestizoes, or one
of them, within this State for a longer term than one year; or unless he,
she or they shall sell or otherwise dispose of the same, or one of them, in
this State ; in which case, all the penalties in this Act shall attach, as if the
said slave or slaves, negro or negroes, Indians, Moors, mulattoes or mesti-
zoes, had been originally introduced into this State for the purpose of sale.
Provided also, nevertheless , that this Act shall not be construed to prevent
any person or persons from passing through this State to any of the sister
States or territories, with his, her or their negroes, slave or slaves, Indian,
Moor, mulatto or mestizo, who shall have in his, her or their possession, a
certificate under the hand and seal of the clerk of the court of the county
from which he, she or they shall have removed, which certificate shall con-
tain, as well the number, names and description of the negroes, slave or
slaves, Indian, Moor, mulatto or mestizo, intended by him, her or them to
be carried through this State, as the place to which he, she or they intend
removing and settling ; and also, that he, she or they shall, before entering
this State with such negro slave or slaves, Indian, Moor, mulatto or mes-
tizo, produce to some acting magistrate of this State, and one of the
cferks of the courts of common pleas and sessions, the aforesaid certificate,
and shall declare, on oath, before the said magistrate and clerk aforesaid,
that it is not his, her or their intention to settle within the limits of this
State, and that he, she or the}' will not sell, barter, exchange, hire, or oth-
erwise permit the said negro slave or slaves, Indian, Moor, mulatto, or mes-
tizo, to remain within the limits of this State for a longer space of time
than thirty days.
II. A?id he it further enacted by the authority aforesaid. That any
uTbe'l^lonv"'^^?^'^^" *^^ persons offending against this Act, upon being convicted of a
second offence shall be judicially declared guilty of felony, without the
benefit of clergy, and punished as such.
III. And he it further enacted, by the authority aforesaid. That any
Penalty for person or persons who shall purchase such slave or slaves, negro, Indian,
purchasing Moor, mulatto or mestizo, so as aforesaid imported or brought into this
116 Toes bro t . ..
in contrary to State, contrary to the true intent and meaning of this Act, knowing that
this Act. such slave or slaves, negro, Indian, Moor, mulatto or mestizo, was impor-
ted or brought into this State so as aforesaid, shall be liable to be indicted
OF SOUTH CAROLINA. 453
Acts relating to Slaves. ' -*• ^- 1'*^^-
therefor, and, upon conviction thereof, shall be fined the sum of four hun-
dred dollars for every such slave, negro, Indian, Moor, mulatto or mestizo,
purchased by him as aforesaid.
IV. And be it further enacted by the authority aforesaid, That it shall
and may be lawful for any person or persons, either with or without warrant, jveo^roes may
to seize and take into his, her or their possession, any slave or slaves, negro, be seized.
Indian, Moor, mulatto or mestizo, which shall be imported or brought into
this State contrary to the true intent and meaning of this Act, and to lodge
such slave or slaves, negro, Indian, Moor, mulatto or mestizo, in any gaol
of this State; and for such purpose, any justice of the peace is hereby
authorized, if required, to issue his warrant; and upon application to any
one of the judges of this State at chambers, or, if in term time, in open
court, for an order of sale of any such slave, negro, Indian, Moor, mulat-
to or mestizo, so seized as aforesaid, by the party claiming such slave or
slaves, or other person or persons so seized as aforesaid, for leave to give
security for the safe delivery of such slave or slaves, or other person or per-
sons so seized as aforesaid, to abide the tinal determination of the court, it
shall be at the discretion of the said judge, upon proper affidavit, either to
grant such order, or to deliver the said slave or slaves, or other person or
persons so seized as aforesaid, to the person or persons charged with bring-
ing into this State the said slave or other person or persons so seized as
aforesaid, or to any other person claiming property in the said slave, or other
person so seized as aforesaid, upon good and proper security, in not less than
double the value of the said slave or slaves, or other person or persons so seized
as aforesaid, conditioned, that the said slave or slaves, or other person or
persons so seized as aforesaid, shall be forthcoming to abide the order of the
court before which such person or persons charged with having introduced or
brought into this State such slave or slaves, or other person or persons
so seized as aforesaid, or Avith having purchased such slave or slaves, or
other person or persons, so seized as aforesaid, may be indicted; and
the sheriff of the district making such sale, is hereby directed to pay
over the proceeds thereof into the hands of the clerk of the court of
sessions and common pleas, there to abide the further order of the said
court.
V. And be it further enacted by the authority aforesaid, That on the
trial of the case, if the defendant or defendants shall not prove that he. Persons accu
she or they purchased or otherwise legally acquired the said slave or slaves, themselves^^
negro or negroes, or other person or persons seized as aforesaid, within clear,
this State, previous to the passing of this Act, or that the said slave or
slaves, or other person or persons so seized as aforesaid, resided in this
State at the time and from the time of the passing of this Act, then he,
she or they shall be taken and considered guilty of having brought or
imported the same into this State contrary to the provisions of this Act ;
and one half the money arising from said sale shall be paid, by or-
der of the court before which such conviction shall take place, to the
person or persons who shall inform of such importation or bringing in, and
the other half shall be paid into the treasury of the State ; and should a
verdict in said trial pass for the defendant or defendants, the amount of
said sales shall be paid over to such defendant or defendants ; or the said
slave or slaves, or other person so seized as aforesaid, if not sold, shall be
delivered over to said defendant or defendants.
VI. And be it further enacted by the authority aforesaid, That each
and every tax collector shall require every person or persons making their
tax returns, to take the following oath.
454 STATUTES AT LARGE
A. D. 1817^ j^cts relating to Slaves.
. , "i, A B, do solemnly swear, or affirm, (as the case may be,) that I do not
ministered bv"^^^^' "°^' ^^^^6 I herewith returned, to the best of my knowledge or belief,
tax collectors, any slave or slaves brought into or sold in this State against the provisions
of an Act entitled " An Act to prohibit the introduction of slaves into this
State from any of the United States, and for other purposes therein men-
tioned," passed in December, eighteen hundred and sixteen."
D . . Provided nevertheless, that nothing contained in this Act shall extend
Proviso in • • ,- i ■ oi i i i
favor of pur- to any citizen or citizens or this State, who may have purchased any
chases made slave or slaves without the limits of this State, previous to the passing of
in<^°of this' Act' '-^^^ Act, and shall bring into the said State such slave or slaves so purcha-
sed previous to the passing of this Act, and previous to the fifth day of Ja-
nuary next.
In the Senate House, the nineteenth day of December, in the year of ""our Lord one
thousand eight hundred and sixteen, and in the forty-first year of the Independence
of the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Speaker of the House of Representateves.
No 2135 ^^ ACT to ixcrease the Penalties which are now by Law in-
flicted ON PERSONS WHO DEAL OR TRADE WITH NeGRO SLAyES,
without a LICENSE OR TICKET FROM THEIR MASTER OR OWNER, OR
THE PERSON HAVING CHARGE OF THEM.
WHEREAS, it is found by experience, that the penalties heretofore im-
posed on shop keepers and other traders who deal with negroes without the
permission of their owners, are insufficient, and have not answered the
ends intended ; for remedy whereof,
L 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
the same. That from and immediately after the passing of this Act, if any
shop keeper, trader, or other person, shall, at any time hereafter, by himself
or any other person acting for him or her, as his or her clerk, or otherwise,
directly or indirectly, buy or purchase from any slave, in any part of this
State, any corn, rice, peas, or other grain, bacon, flour, tobacco, indigo,
cotton, blades, hay, or any other article whatsoever, or shall otherwise deal,
trade or traffic with any slave not having a permit so to deal, trade or
traffic, or to sell any such article, from or under the hand of hi&master
or owner, or such other person as may have the care and management of
' such slave, such shop keeper, trader, or other person, shall, for every such
offence, forfeit a sum not exceeding one thousand dollars, and imprison-
ment not exceeding a term of twelve months, nor less than one month.
H. A7id be it further enacted by the authority aforesaid, That where
any person shall purchase of any slave any article whatsoever, he shall
retain in his possession the permit which such slave has produced ; and
that whenever any person shall be charged with having trafficked with a
slave contrary to law, it shall be the duty of such person to produce the
permit and to prove its authenticity ; and in default of producing the per-
mit and of proving its authenticity, such person shall be liable to the
OP SOUTH CAROLINA,
Acts relating to Slaves.
penalties imposed by law on the offence of trading and trafficking with
slaves without permits.
In the Senate House, the eighteenth day of December, in the year of our Lord one thou-
sand eight hundred and seventeen, and in the forty-second year of the Indepen-
dence of the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Speaker of the House of Representatives.
AN ACT TO AMEND AN AcT ENTITLED " An AcT TO PROHIBIT THE No. 2141.
IMPORTATION OF SlAVES INTO THIS StATE FROM ANY OF THE UnITED
States ; and for other purposes therein mentioned."
I. Be it enacted by the Honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the autho- ^'?^|^ °"' °'^_
rity of the same, That every inhabitant of this State, who was bona fide ed by persons
entitled, in his or her own right, or in the right of his wife, to any slave or'" it' before
slaves, on the nineteenth day of December, in the year of our Lord one ,„^yije bro't in,
thousand eight hundred and sixteen, or who now may be, or hereafter shall
become, entitled to any slave or slaves, either by inheritance, bequest or
marriage, shall be permitted to bring such slave or slaves into this State, on
the terms and conditions hereinafter mentioned.
H. And he it further enacted hy the authority aforesaid, That every
person or persons who is an inhabitant of this State, and was entitled, in ^°^ ®"*^'* .
... SIQ,V6S 1TI3.V D©"
his, her or their own right, to any slave or slaves, on the nineteenth day brou°^ht in.
of December, one thousand eight hundred and sixteen, or who now is, or
may hereafter become, entitled to any slave or slaves, either by inheritance,
bequest or marriage, he, she or they shall produce to a judge of the courts
of law or equity, his own affidavit, and also the affidavit of three disinter-
ested and respectable persons, that the said slave or slaves intended to be
brought into this State, are of good and peaceable character, and were ac-
quired by the person or persons intending to bring them into this State, by
marriage, inheritance or bequest, or were owned and of right belonged to
the person making such application, on the aforesaid nineteenth day of
December, one thousand eight hundred and sixteen; which affidavits, if
made in any other State, shall be taken before some justice or judge of
the State or county from which such slave or slaves shall be brought, and
shall be certified under the seal of the court of said county, that the person
or persons administering such oath, is a judge or justice of peace for said
county or State, and that the persons making such affidavits are of good
and respectable character.
HL And be it further enacted hy the authority aforesaid, That every per-
son or persons wishing to bring into this State any slave or slaves, under oiuainwl to
the provisions of this Act, shall apply for and obtain from some judge of bring slaves in-
the court of common pleas and sessions, or judge of the court of equity, a*° ''"* State.
license to bring in such slave or slaves ; and such license shall certify that
the provisions of this Act have been compled with. And any person who
shall bring in any slave or slaves without such license, shall be liable to all
the penalties and forfeitures prescribed by an Act, passed the nineteenth day
456 STATUTES AT LARGE
A. 1). 1817. Acts relating to Slaves.
I of December, one thousand eight hundred and sixteen, prohibiting the im-
portation of slaves. An^l it shall be the duty of any person bringing in any
slave or slaves, to produce such license to any person attempting to enforce
the provision of the Act of one thousand eight hundred and si.\teen.
IV. And be it further enacted hj the authority aforesaid, That every
Copy of will person or persons wishing or intending: to brins any slave or slaves into
<fec to be nro- • • • -,~. ~.
duced. this State, shall, in addition to the affidavits aforesaid, produce to the judge
or judges to whom his, her or their application may be made, a certilied
copy of the last will and testament of the person or persons who has or
have bequeathed the slave or slaves to him, her or them, in case he, she
or they claim the same by bequest ; and in case he, she or they shall claim
the said slave or slaves by marriage, he or they shall produce an affidavit
from the person by whom the marriage ceremony was performed , or in case
of his death or removal, such other satisfactory evidence of the same, and a
certificate of the clerk of the county, with his seal of office thereto attached,
that such person is authorized by the laws of such State to join persons in
marriage ; and in case such person shall claim the said slave or slaves by
inheritance, he, she or they shall produce to the said judge, legal and satis-
factory evidence that such slave or slaves were the property of his, her or
their ancestor or other kindred, and that he, she or they are entitled to the
same by inheritance ; all which affidavits and certificates shall be deposited
in the care of such clerk or commissioner as shall be directed by the judge
hearing such application to issue the license in the next clause mentioned.
V. And be it further enacted by the authority aforesaid. That if, on
Judge to hear hearing the said petition or application, the judge to whom the same shall
petitions and be made, shall be of opinion that such person or persons come within the
gran icenses, pj-QyjgjQj^g f^^j meaning of this Act, then, and in that case, the said judge
may issue an order to a commissioner in equity, or clerk of the court, as
the case may be, to grant to the person or persons making application, a
license or permit, under the seal of their respective courts, to bring such
slave or slaves into this State ; and for every such license, the clerk or com-
missioner granting the same shall receive from the person applying, two
dollars.
VI. And be it further enacted by the authority aforesaid, That no slave
Slaves brought or slaves who may be brought into this State under the provisions of this
howV^beTe-^' A^^! ^^all be liable to be levied on, seized or sold for the payment of any
vied on. debt contracted before or after they are brought into this State, by any
person or persons coming to reside herein, unless the plaintiff at whose suit
such slave or slaves are levied or seized on, shall, at the time of filing his, her
or their declaration, or at the time of issuing their process, make oath, be-
fore the clerk of the court, that the debt or demand is justly due to him,
her or them, and that the said suit or action is not commenced or prosecu-
ted with a desire, intention or design to defeat the operation of this Act, or
of the Act to which it is an amendment.
VII. And be it further enacted by the authority aforesaid. That no
b ou ht^into ^lave or slaves who may, in pursuance of the provisions of this Act, be
this State un- brought into this State by any person or persons, shall be sold, bartered,
der the provi- exchanged, hired, or in any other way disposed of, at any time within three
eions of this ^^ ^i i n i " i i .^ • j -r u ii
Act, to be dis- years after they shall be so brought in ; and if any person or persons snail
posed of within in any manner sell, barter, exchange, hire, or in any other way dispose of
three years. ^^^^ ^^j^ slave or slaves, the person or persons who shall or may be concern-
ed in parting from or acquiring any right, title, interest or claim in the said
slave or slaves, or in or to the service or hire of such slave or slaves, shall
OF SOUTH CAROLINA. 457
Acts relating to Slaves. ^* ^' ^*^'^'^*
be, and they are hereby declared, liable to all the pains, penalties and for-
feitures imposed by the Act to which this is an amendment, on persons
bringing negroes into this State, contrary to the provisions thereof; and the
slave or slaves so sold, bartered, hired, exchanged, or disposed of in any
other way, within three years, as aforesaid, may be proceeded against and
disposed of in the same manner as is prescribed by the said Act, passed
on the nineteenth of December, in the year of our Lord eighteen liun-
dred and sixteen.
VIIL And he it further enacted by the authority aforesaid. That no
part of this Act, or of the Act passed on the nineteenth day of December, Slaves may
in the year of our Lord one thousand eight hundred and sixteen, entitled ^|;'^^^ |,'^^'^^^;
''An Act to prohibit the importation of slaves into this State from any of nah river.
the United States, and for other purposes therein mentioned," shall be so
construed as to prevent any person or persons, having in possession a plan-
tation or plantations on the norih side of Savannah river, from crossing
and re-crossing the said river, with such slaves as may be necessary or
convenient for the purposes of travelling, or the transportation of produce
and other articles, to and from the State of Georgia.
IX. And he it further enacted, by the authority aforesaid, That no part
of the aforesaid Act or this Act shall be so construed as to prevent any ^j,^ ^^^ ^mih
person or persons residing on or near the North Carolina line, from cross- Carolina line.
ing and re-crossing with such slaves as may be necessary for the purposes
of travelling, or for transporting produce and other articles to and from
market. Provided nevertheless, that if any person or persons, who shall
bring any negro or negroes into this State, under the provisions of this
clause, shall sell or dispose of the said slave or slaves, in any way or man-
ner, either by sale or hire, the person or persons so selling, hiring or dispo-
posing of the same, as well as the person who may purchase or acquire any
right or title to the slave or slaves, or to their hire, shall be, and they are
hereby declared, liable to all the pains, penalties and forfeitures of this Act,
as well as the Act passed the nineteenth day of December, one thousand
eight hundred and sixteen.
X. And he it further enacted hy the authority aforesaid, That if any
slave or slaves, or any negro, Indian, mulatto. Moor or mestizo, bound to Slaves lod^.^d
service for a term of years, or for life, shall be lodged in any gaol in this J.'|^^|*^^'^''|'^||,'.'|[|'.'^J
State, under the provisions of an Act to prohibit the importation of slaves 3 monihs, may
into this State, from any of the United States, and no person shall appear be sold.
to claim the said slave or other person, as aforesaid, within three months
after such slaves or other persons have been lodged in gaol ; or if the per-
son or persons suspected of having brought into this State or purchased
such slave or slaves, or other persons, as aforesaid, shall be unknown, or
shall have absconded or escaped so that he cannot be proceeded against,
according to the provisions of the said Act, then, and in that case, it shall
and may be lawful for any judge of the courts of law or equity, at cham-
bers, or, in term time, in open court, upon the application of the person or
persons who had seized and lodged the said slave or slaves or other persons,
as aforesaid, or his, her or their representative, to order the said slaves
or other persons so seized and lodged in gaol, as aforesaid, to be sold by
the sheriff of the district, and one half the proceeds of such sale to be paid
to the person or persons so applying, upon his, her or their entering into
bond, with sufficient security, to the clerk of the court of sessions and com-
mon pleas, to re-pay the said money, if at any time thereafter it should
VOL. VII— 58.
458 STATUTES AT LARGE
A.D.\8\8. j^(.fg relating to Slaves.
appear that the said slave or slaves, or other persons, had not been
brought into this State in violation of the aforesaid Act of the General
Assembly ; the other half the proceeds of such sale to be paid into the
public treasury.
In the Senate House, the eighteenth day of December, in the year of our Lord one thou-
sand eight hundred and seventeen, and in the forty-secoud year of the Independence
of the United States of America.
JAMES R. PRINGLE, President of the Se?iate.
THOS. BENNETT, Speaker of the House of Represenfatives.
No. 2195. AN ACT to repkal the Act passed at December Session, in the
YEAR ONE THOUSAND EIGHT HUNDRED AND SIXTEEN, AND THE AMEN-
DATORY Act THERETO, PASSED AT DECEMBER SeSSION, ONE THOU-
SAND EIGHT HUNDRED AND SEVENTEEN, PROHIBITING AND RESTRICT-
ING THE BRINGING OF NeGROES INTO THIS StATE FROM THE SISTER
States.
I. Be it enacted, by the the Senate and House of Representatives, now
met and sitting in General Assembly, and it is hereby enacted by the
authority of the same. That from and after the passing of this Act, the
Act of the Legislature entitled "An Act to prohibit the importation of
slaves into this State from any of the United States ; and for other pur-
poses therein mentioned,'^ passed the nineteenth day of December, in the
year of our Lord one thousand eight hundred and sixteen ; also the Act
entitled "An Act to amend an Act entitled an Act to prohibit the importa-
tion of slaves into this State, from any of the United States; and for other
purposes therein mentioned ;'' passed the eighteenth day of December, in
the year of our Lord one thousand eight hundred and seventeen, be, and
the same are hereby, repealed.
In the Senate House, the sixteenth day of December, in the year of our Lord one thou-
sand eight hundred and eighteen, and in the forty-third year of the Independence
of the United States of America.
JAMES R. PRINGLE, President of the Senate.
ROBERT Y. HAYNE, Speaker of the House of Representatives,
OF SOUTH CAROLINA. 459
Acts relating to Slaves.
AN ACT TO RESTRAIN THE EMANCIPATION OF SlAVES, AND TO PREVENT No. 2236.
Free persons of Color from entering into this State ; and for
OTHER purposes.
WHEREAS, the great and rapid increase of free negroes and mulattoes
in this State, by migration and emancipation, renders it expedient and ne-
cessary for the Legislature to restrain the emancipation of slaves, and to
prevent free persons of color from entering into this State.
L Be it therefore enacted, hy the honorable the Senate and House of No plave tohe
Representatives, now met and sitting in General Assembly, That no slave ^'^^^^'I^^J^'^^^
shall hereafter be emancipated but by act of the Legislature. the Legisla-
H. Be it further enacted by the authority aforesaid, That from and after ture.
the first day of March next, it shall not be lawful for any free negro or mu- No free negro
latto to migrate into this State; and every free negro or mulatto who shall "'■.j^"''atto to
migrate into this State contrary to this Act, shall and may be apprehended [|,ig ^t^te. °
and carried by any white person, before some justice of the peace of the
district or parish where he or she shall be taken ; which justice is hereby
authorized and required to examine such free negro or mulatto, and to
order him or her to leave this State. And every free negro or mulatto so
ordered to leave the State, and thereafter remaining longer than fifteen days
within the same, or having left the State, and thereafter returning to this
State, (unless it be inconsequence of shipwreck or some other unavoidable
accident, or as a seaman on board or belonging to a vessel with which he
shall depart, or as a servant to anj^ white person travelling into this State,)
upon proof thereof, made before any magistrate and three freeholders, and
on conviction thereof, shall be subjected to a fine of twenty dollars, and
in default of the payment thereof, shall be publicly sold, after ten days
notice, for a term of time not exceeding five years ; and if such free negro,
mulatto or mestizo, shall be found in this State after the lapse of ten days
after paying such fine, or after such servitude under such sale, he, she or
they shall be liable to be proceeded against in like manner, and shall be
sold for the like sum, and for a term not exceeding five years, until such
slave or slaves shall depart the said State.
HL Be it further enacted by the authority aforesaid, That every mas-
ter of a vessel or other person, who shall bring into this State, by water or Penalty for
by land, in anv vessel or land carriage, or otherwise, anv free negro or mu.'j'ing'iv? sui'h
'fcCT) r)Prj"OMS into
latto, shall forfeit and pay for every such free negro or mulatto so brought, this state.
the penalty of five hundred dollars; to be recovered by action of debt, or
by bill, plaint or information, in any court of record having jurisdiction of
the amount; one moiety to be appropriated to the State, and the other to
the prosecutor or person who shall inform thereof; and the defendant, in
every such case, shall be required to give special bail. Provided, that this
Act shall not extend to any masters of vessels bringing into this State any
free negro or mulatto employed on board or belonging to such vessel, and
who shall therewith depart ; nor to any white person travelling into this
State, having any free negro or mulatto as a servant ; but if said servant
shall remain longer than six months within the State, then such white pi^r-
son shall be subject to the penalty aforesaid, and the free negro or mulatto
shall be dealt with in the manner before specified in this Act.
IV. And be it further enacted, That nothing herein contained shall .
effect any free person of color, being a native of this State, who shall re- ;„ the State
turn within the limits of this State within two years after the passing of may return
460 STATUTES AT LARGE
A.D.\ 820. Acts relating to Slaves.
within two this Act ; or who shall leave this State as a servant of any white person,
years. a^d shall return with any white person in said capacity.
V. And be it further enacted by the authority aforesaid, That if any
Penalty for sel- person or persons shall hereafter bring or cause to be brought into this
sons 'of^ color, ^'^te, any free negro or person of color, and shall hold the same as a slave,
or sell or offer the same for sale to any person or persons in this State as a
slave, every such person or persons shall pay for every such free negro or
free person of color, the sum of one thousand dollars, over and above the
damages which may be recovered by such free negro or free person of color,
to any person or persons who will sue for and recover the same ; which
may be done either by indictment, or action in nature of ravishment of
ward, established by law.
VI. Be it further enacted. That if any white person shall be duly con-
Penalty for cir- victed of having, directly or indirectly, circulated or brought within this
oaicn'lafed'^to^'^ ^^^*^^) ^"7 written or printed paper, vvith intent to disturb the peace or se-
disturb the curity of the same, in relation to the slaves of the people of this State,
peace. such person shall be adjudged guilty of a high misdemeanor, and shall be
fined not exceeding one thousand dollars, and imprisoned not exceeding
one year. And if any free person of color shall be convicted, in the mode
provided by law for the trial of such persons, of such offence, he or she
shall, for the first offence, be sentenced to pay a fine not exceeding one
thousand dollars ; and for the second offence, shall be whipped, not exceed-
ing fifty lashes, and be banished from the State ; and any free person of
color who shall return from such banishment, unless by unavoidable acci-
dent, shall suffer death without the benefit of clergy.
In thn Senate House, the twentieth day of December, in the year of our Lord one thou-
sand eight hundred and twenty, and in the forty-fifth year of the Independence of
the United States of America.
BENJAMIN HUGER, President of the Senate.
PATRICK NOBLE, Speaker of the House of Representatives.
No. 2254. AN ACT to provide more effectually against the offence of
HARBOURING NeGRO OR OTHER SlAVES.
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 if any white person shall harbour, conceal or entertain any
runaway or fugitive slave, such person shall be liable to be indicted for a
misdemeanor, or prosecuted in a civil action for damages, at the election
of the owner or person injured: and in case any person, being indicted,
shall be convicted of said offence, such person shall be fined and imprison-
ed at the discretion of the court, not exceeding one thousand dollars fine,
nor one year's imprisonment.
II. And be it further enacted by the authority aforesaid, That if any free
negro, mulatto or mestizo shall harbour, conceal or entertain any fugitive
or runaway slave, and be convicted thereof before two justices and five
freeholders, he shall suffer such corporal punishment, not extending to life
OF SOUTH CAROLINA.
Act-o relating to Slaves.
or limb, as the said justices and freeholders who try such offender, shall, in
their discretion, think fit.
In the Senate House, the twentieth day of December, in the year of our Lord one thou-
sand eight hundred and twenty-one, and in the forty- sixth year of the Independence
of the United States of America.
BENJAMIN HUGER, President of tlie Senate.
PATRICK NOBLE, Speaker of the House of Representatives.
AN ACT FOR THE BETTER REGULATION AND GOVERNMENT OF FrEE Nq. 2277.
Negroes and Persons of Color ; and for other purposes.
I. Be it enacted by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, and by the authority of
the same. That from and after the passing of this Act, no free negro or i/a^J'inl^h'Js^
person of color, who shall leave this State, shall be sutfered to return ; and State not to
every person who shall ofiend herein, shall be liable to the penalties of the '"'''"™-
Act passed on the twentieth day of December, in the year one thousand
eight hundred and twenty, entitled "An Act to restrain the emancipation of
slaves, and to prevent free persons of color from entering into this State ;
and for other purposes."
II. And he it further enacted, That every free male negro or person
of color, between the ages of fifteen and fifty years, within this State, who Tax on free
may not be a native of said State, or shall not have resided therein five negroes and
years next preceding the passing of tliis Act, shall pay a tax of fifty dollars gj,i„^
per annum ; and in case said tax shall not be paid, the said free male per-
son of color shall be subject to the penalties of the Act against free per-
sons of color coming into this State, passed on the twentieth day of De-
cember, one thousand eight hundred and twenty.
III. And he it further enacted by the authority aforesaid. That if any
vessel shall come into any port or harbour of this State , from any other No vessel to
State or foreign port, having on board any free negroes or persons of color, ^^^^^^ ""^^ p^'^.
as cooks, stewards, mariners, or in any other employment on board of said sons of color,
vessel, such free negroes or persons of color shnll be liable to be seized and
confined in jail until said vessel shall clear out and depart from this State ;
and that when said vessel is ready to sail, the 'captain of said vessel shall
be bound to carry away the said free negro or free person of color, and to
pay the expenses of his detention ; and in case of his neglect or refusal so
to do, he shall be liable to be indicted, and, on conviction thereof, shall be
fined in a sum not less than one thousand dollars, and imprisoned not less
than two months ; and such free negroes or persons of color shall be deem-
ed and taken as absolute slaves, and sold in conformity to the provisions of
the Act passed on the twentieth day of December, one thousand eight hun-
dred and twenty, aforesaid.
IV. And he it further enacted by the authority aforesaid, That the she-
rifl[" of Charleston District, and each and every other sheritf of this State, Sheriffs to car-
shall be empowered and specially enjoined to carry the provisions of this ^yj^^^'^^-'^^''"^"
Act into effect ; each of whom shall be entitled to one moiety of the pro-
ceeds of the sale of all free negroes and free persons of color that may
462 STATUTES AT LARGE
A.D. 1822. Acts relating to Slaves.
happen to be sold under the provisions of the foregoing clause ; provided
the prosecution be had at his information.
V. And be it further enacted, That it it shall be the duty of the harbor-
Harbor-master "^^^ter of the port of Charleston, to report to the sheriff of Charleston
to report 10 the district, the arrival of all free negroes or free persons of color, who may
sheriff. arrive oh board any vessel coming into the harbor of Charleston, from any
other State or foreign port.
VI. And he it enacted, That from and after the passing of this Act, it
No person to shall be altogether unlawful for any person or persons to hire to any male
iheVownYime ^^^^ ^^'^ slaves, his or their time ; and in case any male slave or slaves be
so permitted by their owner or owners, to hire out their own time, labor or
service, the said slave or slaves shall be liable to seizure and forfeiture, in
• the same manner as has been heretofore enacted in the Act in the case of
slaves coming into this State contrary to the provisions of the same.
VII. And he it farther enacted, That from and aftc" the first day of June
Free negroes next, every free male negro, mulatto or mestizo in this State, above the age
dians^^ ^^^^' ^^ fifteen years, shall be compelled to have a guardian, who shall be a res-
pectable freeholder of the district in which said free negro, mulatto or mes-
tizo shall reside. And it shall be the duty of the said guardian to go be-
fore the clerk of the court of the said district, and before him signify his
acceptance of the trust, in writing ; and, at the saine time, he shall give to
the clerk aforesaid, his certificate, that the said negro, mulatto or mestizo
for whom he is guardian, is of good character and correct habits; which
acceptance and certificate shall be recorded in said office, by the clerk, who
shall receive for the same fifty cents ; and if any free male negro, mulatto
or mestizo shall be unable to conform to the requisitions of this Act, then,
and in that case, such person or persons shall be dealt with as this Act di-
• reefs for persons of color coming into this State contrary to law ; and the
amount of sale shall be divided, one half to the informer, and the other
half for the use of the State.
VIII. And he it further e«ac^e<£ by the authority aforesaid, That if any
Persons raising person or persons shall counsel, aid or hire any slave or slaves, free negroes
rebellion to be or persons of color, to raise a rebellion or insurrection within this State,
"elons. whether any rebellion or insurrection do actually take place or not, every
such person or persons, on conviction thereof, shall be adjudged felons, and
suffer death without benefit of clergy.
IX. And he it further enacted by the authority aforesaid. That the
Justices ex-of- commissioners of the cross roads for Charleston Neck, be, and they are
ficio appointed, hereby declared to be, justices of the peace, ex-officio, in that part of the
parish of St. Philip's without the corporate limits of Charleston, for all pur-
poses, except for the trial of causes small and mean.
In the Senate House, the twenty-first day of December, in the year of our Lord one thou-
sand eight hundred and twenty-two, and in the forty-seventh year of the Indepen-
dence of the United States of America.
JACOB BOND rON, President of the the Senate.
PATRICK NOBLE, Speaker of the House of Representaitves.
OF SOUTH CAROLINA.
Acts relating to Slaves.
AN ACT THE MORK EFFECTUALLY TO PROHIBIT FrEE NeGROES AND ^^- 2319.
Persons of Colour from entering into this State ; and for
other purposes.
I. Be it enacted, by the honorable the Senate and House of Representa-
tives, now met and sitting in General Assembly, That from and after the No free mgro-
passing of this Act, it shall not be lawful for any free negro or person of coi(f,.^7o"come
colour to migrate into this State, or be brought or introduced into its limits, into this State.
under any pretext whatever, by land or by water. And in case any such
free negro or person of color, (not being a seaman on board of any vessel
arriving within this State,) shall migrate into or be introduced into this
State, contrary to this Act, he shall and may be carried by any white per-
son before some justice of the peace of the district or parish where he or
she shall be taken, which justice is hereby required to summon three free-
holders and form a court to examine such free negro or person of color,
and on conviction, to order him or her to leave the State; and every free
negro or person of color, so ordered to leave the State, and thereafter re-
maining longer than fifteen days within the same, or having left the State
and thereafter returning to the same, upon proof thereof made before any
magistrate and three freeholders, and on conviction thereof, shall be sub-
jected to be sentenced to such corporal punishment as the said magistrate
and freeholders shall, in their discretion, think fit to order. And if, after
the said sentence of punishment, such free negro or person of color shall
again remain longer in this State than fifteen days, or having left the State
shall thereafter return to the same, upon proof thereof before any magis-
trate and three freeholders, as aforesaid, and on conviction thereof, the said
magistrate and freeholders shall adjuc^ge the said free negro or person of
color to suffer corporal punishment a second time ; and for every repetition
of the offence of remaining in this State contrary to this Act, or of com-
ing into the same after departing therefrom, such free negro or person of
color shall be liable to be proceeded against in like manner ; and so on
until such free negro or person of color shall cease to violate this Act.
H. And be it further enacted by the authority aforesaid. That it shall
not be lawful for any free negro or person of color to come into this State, ^q negro to
onboard of any vessel, as a cook, steward, mariner, or in any other em- come into this
ployment on board of such vessel. And in case any vessel shall arrive in®'"'"^°" board'
»' Ot ElliV VGSS61.
any port or harbour of this State, from any other State or foreign port,
having on board any free negro or person of color employed on board such
vessel as a cook, steward, mariner, or in any other employment, it shall be
the duty of the sheriff of the district in which such port or harbour is situ-
ated, immediately on the arrival of such vessel, to apprehend such free
negro or person of color, so arriving contrary to this Act, and to confine
him closely in jail until such vessel shall be hauled off from the wharf, and
ready to proceed to sea ; and that when said vessel is ready to sail, the cap-
tain of said vessel shall be bound to carry away the said free negro or per-
son of color, and to pay the expences of his detention ; and in case such
captain shall refuse or neglect to pay the said expenses, and to carry away
the said free negro or person of color, he shall forfeit and pay the sum of
one thousand dollars, and be liable to be indicted therefor, and also to suf-
fer imprisonment for any term or time not exceeding six months.
ni. And be it ftcrther enacted by the authority aforesaid, That when-
ever any free negro or person of color shall be apprehended and committed
to jail as having arrived in any vessel in the capacity of a cook, steward,
464 STATUTES AT LARGE
A. I). 1823. Acts relating to Slaves.
Negroes impri- mariner, or otherwise, contrary to this Act, it shall be the duty of the she-
tlH"s^ Act^liow '^^' '^"^'"g ^^® confinement in jail of such free negro or person of color, to
to be dealt call Upon some justice of the peace to warn such free negro or person of
with. color never to enter the said State after he or she shall depart therefrom ;
and such justice of the peace shall, at the time of warning said free negro
Of person of color, insert his or her name in a book to be provided by the
sheriff for that purpose, and shall therein specify his or her age, occupation,
height and distinguishing marks ; which book shall be good and suthcient
evidence of such warning ; for which services, the said justice shall receive
the sum of two dollars, payable by the captain of the vessel. And every
free negro or person of color who shall not depart the State, in case of the
captain's refusing or neglecting to carry him or her away, or having depart-
ed shall ever again enter into the limits of this State, by land or by water,
after being warned, as aforesaid, shall be dealt with as the first section of
this Act directs for persons of color who shall migrate or be brought into
this State.
IV. And he it farther enacted by the authority aforesaid, That it shall
Penalty for ^ot be lawful for any master or captain of any vessel, or for any other per-
negroes into ^*^"> ^^ introduce or bring into the hmits of this State any free negro or
State by sea. person of color, as a passenger, or as cook, mariner, steward, or in any
other capacity, on board of such vessel, whose entrance into this State is
prohibited by this Act; and if any master or captain of any vessel, as
aforesaid, shall bring in or introduce into this State any such free negro or
person of color, whose entrance is prohibited, as aforesaid ; or if any other
person shall introduce by land, as a servant, any free negro or person of co-
lor, every such person shall, for the first offence, be fined in a sum not ex-
ceeding one hundred dollars ; and for the second offence, be liable to for-
feit and pay, for each free negro or person of color so brought into this
State, the sum of one thousand dollars, and shall, moreover, be liable to
be imprisoned for any term or time not exceeding six months.
V. And he it further enacted by the authority aforesaid. That it shall
Free persons of not be lawful for any free negro or person of color, who has left the State
this State'"not ^^ ^"^ *'™^ previous to the passing of this Act, or for those who may here-
to return. after leave the State, ever to return again into the same, without being
subject to the penalties of the first section of this Act, as fully as if they
had never resided therein.
VI. And be it further enacted by the authority aforesaid, That it shall not
„. be lawful for any citizen of this State or other person, to bring into this
certain places State, under any pretext whatever, any slave or slaves, from any port or
not to be bro't place in the West Indies, or Mexico, or any part of South America, or from
into this State. j^y^Qpg^ ^^ ^-^.^^^^ ^^^ g-g^^j. gf^^^g^ which may be situated to the north of the
river Potomac, or the city of Washington. Neither shall it be lawful for
any person to bring into this State, as a servant, any slave who has been
carried out of the same, if at any time during the absence of such slave
from this State, he or she hath been in ports or places situated in Europe,
in the West Indies, or Mexico, or any part of South America, or in the States
north of the river Potomac, or city of Washington. And any person who
shall bring into this State any slave, contrary to the meaning of this Act,
shall forfeit and pay the sum of one thousand dollars, and the said slave
shall be a forfeiture to the State.
VII. And be it further enacted hy \he ?i\xi\\ox'iiy a^^oresTiid, That all free
negroes and persons of color, and all other persons, shall be exempted from
the operation of this Act, where such free negroes and persons of color
OF SOUTH CAROLINA. 465
Acts relating to Slaves. ^ 1), 1823.
and slaves have arrived within the limits of this State by shipwreck or stress Free nesrroes
of weather, or other unavoidable accident. But such free negroes or per- ^|j^]'|p'^^''^jj;^
sons of color and other persons shall, nevertheless, be subject to the penal- ,i,e operation
ties of this Act, if the requisites of the same be not complied with within of this Act.
one month after such shipwreck, stress or weather, or other unavoidable
accident.
VIII. And he it further enacted hy the authority aforesaid, That this Act .
shall not extend to free negroes or persons of color who shall arrive in any p^"p^„j^jQ"^4'e°
port or harbor of this State, as cooks, stewards, mariners, or as otherwise persons of co-
employed in any vessels of war of the United States navy, or on board any |,g3"g'}J'yf^''^arf
national vessel of the navies of any of the European or other powers in " "^
amity with the United States, unless said free negroes and persons of color
shallbe found on shore after being warned by the sheriff, or his deputy, to
keep on board of their vessels. Nor shall this Act e?;tend to free American
Indians, free Moors, or Lascars, or other colored subjects of countries be-
yond the cape of Good Hope, who may arrive in this State, in any merchant
vessel ; but such persons only shall be deemed and adjudged to be persons
of color within the meaning of this Act, as shall be descended from negroes,
xnulattoes and mestizoes, either on the father's or mother's side.
IX. And be it further enacted by the authority aforesaid. That in case
any master or mate of any vessel, on his arrival, shall make any false re- ,^,^"jg[.^ of"ves-
turn to the sheriff or his deputy, of the number of persons he may have on s?ls making a
board, whose entrance shall be prohibited by this Act, he shall forfeit and '"'«^ return.
pay the sum of one thousand dollars ; and any master of a vessel, or other
person, opposing the sheriff or his deputy in the execution of his duty, and
all persons aiding and abetting him therein, shall be liable to be indicted
and pay a fine of one thousand dollars, and be imprisoned for any term not
exceeding six months.
X. And be it further enacted, That any sheriff who shall wilfully neglect
or refuse to perform the duties required bv this Act, shall forfeit and pay Penalty on she-
five hundred dollars ; one half to the informer, and the other for the use of ing their duty.
the State, to be recovered by action of debt, in any court having jurisdic-
tion.
XL And be it further enacted by the authority aforesaid, That all prose-
cutions under this Act may be maintained without limitation of time ; and Prosecutions
all penalties or forfeitures imposed thereby, may be recovered in any court "J^J^g'^^g-'inj^^j^'^,
of record in this State, one half of which shall go into the public treasury, ed without li-
and the other half to the person informinor : Provided, however, that no mitation of
prosecution shall be permitted against the masters of vessels, or any other
white persons, from any part of the United States, in less than three
months, or against captains or vessels from foreign ports, in less than six
months, after the passing of this Act.
XII. And be it further enacted by the authority aforesaid. That so much
of an Act passed on the twentieth of December, one thousand eight hun- Parts of former
dred and twenty, entitled "An Act to restrain the emancipation of slaves, ^^'^ repea ed.
and to prevent free persons of color from entering into this State ; and for
other purposes ;" and also, so much of another x\ct, passed on the twenty-
first of December, one thousand eight hundred and twelity-two, entitled
"An Act for the better regulation and government of free negroes and per-
sons of color ; and for other purposes,"" as are repugnant to this Act, and
so much thereof as makes it the duty of the harbor-master to report to the
sheriff' the arrival of all free negroes in the harbor of Charleston, be, and
the same are hereby, repealed,
VOL. VII.— 59.
466 STATUTES AT LARGE
A.D. I8i>5. jif,fg relating to Slaves.
P XIII. And be it further enacted by the authority aforesaid, That no free
not to carry negro or other free person of color, shall carry any fire-arms or other military
fire-arras. weapons, abroad, except with a written ticket from his or their guardian,
under pain of forfeiting the same, and being fined or whipped, at the dis-
cretion of any magistrate and three freeholders, before whom he or they
may be convicted thereof. Nor shall any free person of color be hereafter
employed as a pioneer, though he may be subjected to military fatigue du-
ty, when called on.
Ill the Senate Housp, the twentieth day of December, in the year of our Lord one
thousand eight hundred and t«enty-three, and in the forty-eighth year of the Indepen-
dence of the United States of America.
JACOB BOND rON, President of the Senate.
PATRICK NOBLE, Speaker of the House of Representatives.
No.236L AN ACT to amend "An Act the more effectually to prohibit
Free Negroes and persons of coler from entering into this
State ; and for other purposes."
WHEREAS, many colored persons from the northern states and else-
where, have arrived in the ports and harbours of this State, under pretence
of their being descended from free Moors, Indians and Lascars on both
father's and mother's side, bringing with them certificates and papers pur-
porting that they are of such descent, when on inspection they appear to
be mulattoes or mestizoes, by means of which false papers many persons
of color are introduced into this State, contrary to the intention of the Act
in such case made and provided.
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 autho-
rity of the same. That from and after the passing of this Act, if any pack-
et or merchant vessel shall arrive in any port or harbor of this State, from
any other State or foreign port, having on board any colored persons as
passengers, or employed as cooks, stewards or seamen, on board of such
vessel, it shall be the duty of the sheriff of the district in which such port
is situated, and he is hereby empowered and required, to repair on board
of such vessel, and to order the captain of such vessel to move his vessel
in the stream, at a distance not less than one hundred and fifty yards from
the wharf, and to load and unload his vessel with lighters. And if any
captain of a vessel arriving in this State with colored persons as aforesaid,
shall; after being ordered to move his vessel in the stream, approach or lie
at the wharves, piers or quays of any of the ports or harbors of this State,
or to load or unload otherwise than as herein directed, he shall forfeit and
pay the sum of one thousand dollars ; to be recovered in any court of record
in this State ; one half of which penalty shall go to the sheriff or other
person informing, and the other moiety to the use of the State. Provided
lioivcver, that this Act shall not extend to the proper merchant vessels of
countries in which free Moors, Indians, Lascars, or other colored subjects
of countries beyond the Cape of Good Hope, (heretofore excepted,) are
OF SOUTH CAROLINA.
Acts relating to Slaves.
accustomed to be employed, and as sailing under the flags of the nations
to which such colored persons respectively belong.
II. And be it further enacted by the authority aforesaid, That nothing
in this Act shall be construed so as to prevent free persons of color from
being taken into custody by the sheriff, or masters of vessels, and other
persons, from being prosecuted under the former Act, when there is cause to
believe that such persons of color are not of such descent as to exempt
them from the operation of that Act ; but all such arrests and prosecutions
shall be maintained in the same manner as if this Act had not been passed.
III. And be it further enacted by the authority aforesaid, That for any
wilful neglect or refusal on the part of any sheriff", to perform the duties
required by this Act, he shall be subject to the same penalty which attaches
to him for neglect or refusal of duties under the former Act.
In the Senate House, the twentieth day of December, in the year of our Lord one thousand
eight hundred and twenty-five, and in the fiftieth year of the Independence of the
United States i>( America.
JACOB BOND TON, President of the Senate.
JOHN B. O'NEALL, Speaker of the House of Representatives.
AN ACT CONCERNING Free Persons of Color and Slaves ; and for No. 2528.
OTHER purposes.
I. Be it enacted by the Senate and House of Representatives, That
from and after the first day of March next, no free person of color or
slave, shall keep, use or employ a still or other vessel on his own account,
for the distillation of spirituous liquors, nor be employed or concerned in
vending spirituous liquors of any kind or description ; and if any free per-
son of color or slave shall offend against the true intent and meaning of
this Act, he shall, on conviction thereof, be deemed guilty of a misdemea-
nor, and punished by whipping on the bare back, not exceeding fifty lashes,
at the discretion of the court before which he shall be tried.
II If any free person of color or slave shall be convicted of keeping,
employing or using a still or other vessel for the distillation of spirituous
liquors on his own nccount, the still or other vessel so kept, used or employ-
ed, shall be considered as forfeited. And the justice granting such warrant
against such free person of color or slave, shall issue an execution directed
to any constable or lawful officer, requiring him to seize and sell such still
or other vessel, giving the usual public notice of sale; and the monies
arising therefrom shall be paid into the hands of the commissioners of the
poor, for the use of the poor of the district.
III. No owner of a slave, nor any person having charge of a slave, shall
suffer such slave to be employed or concerned in vending of .spirituous
liquors of any kind or description, in any quantity whatever ; and any
person oflfending against the true intent and meaning hereof, shall, on con-
viction thereof, be held guilty of a misdemeanor, and shall be fined or im-
prisoned at the discretion of the court, not exceeding one hundred dollars
fine, nor one month's imprisonment.
468
STATUTES A.T LARGE
A. n. 1834.
Acts 1-elatins; to Slaves.
IV. If any slave or free person of color shall hereafter commit any tres-
pass, the commission of which by a white man would subject him to a
civil action, and for which no penalty is already imposed by law on a slave
or free person of color, such slave or free person of color thus trespassing,
shall be adjudged guilty of a misdemeanor; and, on conviction thereof,
shall be punished at the discretion of the court by which he is tried, not
extending to life or member.
V. In all trials of slaves or free persons of color for capital offences, the
ovv^ner of such slave or his agent, or guardian of such free person of color,
for good cause shewn, to be judged of by the justices, shall have the right
to challenge ; provided, the aforesaid challenge shall not extend to more
than three freeholders.
VI. No slave shall be tried for any offence, till his master or owner, or
in his absence, the agent of such owner, has had reasonable notice of the
matter charged against such slave, and the time and place of trial.
Jn the Senate House, the seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and lhir*y-one, and in the fifty-sixth year of the Independence of
the United States of America.
H. DEAS, President of the Senate.
H. L. PINCKNEY, Speaker of the House of Representatives.
No. 2639. AN ACT to amend the Laws in relation to Slaves and Free
Persons of Color.
Penalty for
teaching a
slave 10 read
or write.
ifenalty for
employing a
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. If any person shall hereafter teach any slave to read or
write, or shall aid or assist in teaching any slave to read or write, or cause
or procure any slave to be taught to read or write, such person, if a free
white person, upon conviction thereof, shall, for each and every offence
against this Act, be fined not exceeding one hundred dollars, and imprison,
ed not more than six months ; or if a free person of color, shall be whipped,
not exceeding fifty lashes, and fined not exceeding fifty dollars, at the dis,
cretion of the court of magistrates and freeholders before which such free
person of color is tried ; and if a slave, to be whipped at the discretion of the
court, not exceeding fifty lashes ; the informer to be entitled to one half of the
fine, and to be a competent witness. And if any free person of color or
slave shall keep any school, or other place of instruction, for teaching any
slave or free person of color to read or write, such free person of color or
slave shall be liable to the same fine, imprisonment and corporal punish-
ment, as are by this Act imposed and inflicted on free persons of color and
;.slaves for teaching slaves to read or write.
JI. If any person shall employ, or keep as a clerk, any slave or free per-
son of color, or shall permit any slave or free person of color to act as a
clerk or salesman, in or about any shop, store, or house used for trading,
^°^'^j^j.^^'^'^°"such person shall be Hable to be indicted therefor, and, upon conviction
OF SOUTH CAROLINA. 469
Acts relating to Slaves. ^- ^- '^'^'*'
thererf, shall be fined for each and every offence, not exceeding one hun-
dred dollars, and be imprisoned not exceeding six months ; the informer to
be a competent witness, and to be entitled to one half of the fine.
III. If any free white person, being a distiller, vender or retailer of ,,g„jj,j f,,^
spirituous liquors, shall sell, exchange, give, or in any otherwise deliver sellins spirits
any spirituous liquors to any slave, except upon the written and express or- ^° •* *^^".^'^g^^^"'*'
der of the owner or person having the care and management of such slave, jers.
such person, upon conviction, shall be imprisoned not exceeding six months,
and be fined not exceeding one hundred dollars ; and any free person of
color or slave, shall, for each and every such offence, incur the penalties
prescribed for free persons of color or slaves for teaching slaves to read or
write.
IV. No license shall hereafter be granted for retailing spirituous liquors
or keeping tavern, by any board of commissioners of roads or corporation ^JJ||;^ g^.^"[[,^g
having power to grant such licence, nor shall any permit be given by any licence to retail
clerk of any such board or corporation, unless the applicant shall have first '^P"'''^-
taken and subscribed the following oath or aflirmation, on his first applica-
tion for a license after the passing of this Act, which oath shall be taken
before a magistrate, duly qualified to administer the same, and be duly cer-
tified by him, and be by the applicant filed with the papers of the board or
corporation, as the case may be ; to wit : "I, A B, do swear or affirm, that
I will not, directly or indirectly, during the period for which I may receive
a license to retail spirituous liquors, or keep tavern, sell, give, exchange,
barter, or in any otherwise deliver any spirituous liquors to any slave or
slaves, contrary to the true intent and meaning of the laws for the preventing
the selling, giving or delivering of spirituous liquors to slaves. So help me
God." And upon every subsequent application for such license, such per-
son, in addition to the above oath or affirmation, shall, in like manner, take
and file the following additional oath : "And I do further swear or affirm,
that I have not, directly or indirectly, at any time since the taking out of
my last license, sold, given, exchanged, bartered, or in any otherwise deli-
vered, any spirituous liquors to any slave ; nor have I, directly or indirectly,
traded, trafficked or dealt with any slave, contrary to the true intent and
meaning of the laws to prevent the selling, giving, bartering or delivering
of spirituous liquors to slaves, and the dealing, trading and trafficking with
the same. So help me God."
V. Upon the trial of any person, having the use and occupation of any
shop, store, or house of any kind, used for dealing, trading or trafficking, what is evl-
indicted for dealing, trading or trafficking with any slave or slaves, without deuce of'unlaw-
a permit so to deal, trade or traffic, from under the hand of the owner, or^"' ^'"**^-
person having the care and management of such slave, it shall be sufficient
for the conviction of such person, to prove, upon the charge of buying
from such slave, that the slave entered such shop, store, or house used for
trading, with the article or articles charged in the indictment to have been
sold to such defendant, and left the said shop, store, or house used for tra-
ding, without the same ; and upon the charge for selling to said slave any
article charged in said indictment, it shall be sufficient evidence of such
sale, to prove that said slave entered said store, shop, or house used for tra-
ding, without such article, and left the said store, shop or house, with such
article.
VI. If any white person shall game with any free negro or person of color
or slave, or shall bet upon any game played wherein one of the parties is a P«^"alty for
free negro, person of color or slave, or shall be willingly present, aiding and Tnlgxo^
470 STATUTES AT LARGE
A. I). 1833. ^cfg relating to Slaves.
abetting, where any game of chance is played, as aforesaid, such person,
upon conviction thereof, by indictment, shall be whipped, not exceeding
thirty-nine lashes, snd lined and imprisoned at the discretion of the court
trying such person.
VII. This Act shall take effect from the first day of April next.
lu the Senate House, the seventeenth day of December, in the year of our Lord one thou»
sand eight hundred and thirty-four, and in the fifty-ninth year of the Indepen-
dence of the United States of America.
H. DEAS, President of the Senate.
PATRICK NOBLE, Speaker of the House of Representatives.
No. 2653. AN ACT more effectually to prevent Free Negroes and other
Persons of Color from entering into this State ; and for oth-
er purposes.
I. Be it enacted by the Senate and House of Representatives, now met
Prohihiting and sitting in General Assembly, and by the authority of the same. That
their entrance from and after the passing of this Act, it shall not be lawful for any free
mto t us btate. j^^gj-^ ^j. person of color to migrate into this State, or be brought or intro-
duced into its limits, under any pretext whatever, by land or by water.
And in case any free negro or person of color, (not being a seaman on
board any vessel arriving in this State,) shall migrate into, or be introduced
into, this State, contrary to this Act, it shall and maybe lawful for any
white person to seize and convey him or her before any magistrate of the
Duty of officers district or parish where he or she may be taken ; and it shall be the duty of
upon informa- the sheriff or any constable in the parish or district in which said entry shall
be made, and of the city marshalls in the city of Charleston, should the entry
be made in Charleston, upon information of the migration or introduction
of any such free negro or person of color, to arrest and bring before some
magistrate of the district or parish where the said free negro or person of
color shall be taken ; which magistrate is by this Act empowered to commit
to prison, or, at his discretion, to hold to bail, such free negro or person of
color, and to summon three freeholders and form a court, as the law directs
for the trial of persons of color, and examine such free negro or person of
color, within six days after his or her arrest, and, on conviction, to order him
or her to leave the State, and to commit such free negro or person of color
so convicted, to close prison, until such time as he or she can leave the
State ; or to release him or her on sufficient bail, for any time not exceed-
f enaUy for not ing fifteen days, at the discretion of the magistrate. And every free negro
Siate"^ ^'" Person of color so bailed, and ordered to leave the State, as aforesaid,
who shall not have left the State within the time for which he or she shall
have been released on bail, or who, having left the State after conviction
as aforesaid, shall return into the same, shall be arrested and committed to
close prison as aforesaid ; and upon proof before a court, to be constituted
as this Act directs, of his or her having failed to leave the State as aforesaid,
or of his or her having returned into the State after having left the same
as aforesaid, he or she shall be subjected to such corporal punishment as
OF SOUTH CAROLINA. 471
Acts relating to Slaves. A.I). 1835.
the said court in their discretion shall think fit to order. And if, after said
sentence or punishment, such free negro or person of color shall still remain
in the State longer than the time allowed, or having left the State, shall
thereafter return to the same, upon proof and conviction thereof, before a
court to be constituted as hereinbefore directed, he or she shall be sold at
pubHc sale as a slave; and the proceeds of such sale shall be appropriated
and appHed, one half thereof to the use of the State, and the other half to
the use of the informer.
II. And be it further enacted by the authority aforesaid. That it shall
not be lawful for any free negro or person of color to come into this S(ate ^^'^"'^''^ '^"^-^•
on board any vessel, as a cook, steward or mariner, or in any other employ-
ment on board such vessel ; and in case any vessel shall arrive in any port
or harbour of this State, from any other State or foreign port, having on
board any free negro or person of color, employed on board such vessel, as a
cook, steward or mariner, or in any other employment, it shall be the duty
of the sheriff of the district in which such port or harbour is situated, im-
mediately on the arrival of such vessel, to apprehend such free negro or
person of color, so arriving contrary to this Act, and to confine him or her
closely in jail, until such vessel shall be hauled off from the wharf, and ready
to proceed to sea. And that when said vessel is ready to sail, the captain
of the said vessel shall be bound to carry away the said free negro or per-
son of color, and to pay the expenses of his or her detention. And in
every such case, it shall be the duty of the sheriff aforesaid, immediately
on the apprehension of any free negro or person of color, to cause said
captain to enter into a recognizance, with good and sufficient security, in
the sum of one thousand dollars for each free negro or slave so brought or
introduced into this State, that he will comply with the requisitions of this
Act; and that on his neglect, refusal or inability to do the same, he shall
be compelled by the sherift' aforesaid, to haul said vessel into the stream,
one hundred yards distance from the shore, and remain until said vessel shall
proceed to sea. And if said vessel shall not be hauled otf from the shore Penalty on
as aforesaid, on the order of the sheriff* aforesaid, within twenty-four hours ^^f*""^ °^ ''^^-'
after the said order, the captain or commanding officer of said vessel shall
be indicted therefor, and, on conviction, forfeit and pay one thousand dol-
lars, and suffer imprisonment not exceeding six months.
III. And be it further enacted hy the authority aforesaid. That whenever
any free negro or person of color shall be apprehended and committed to Sheriff 's duty.-
jail, as having arrived in any vessel in the capacity of cook, steward, mari-
ner, or otherwise, contrary 'to this Act, it shall be the duty of the sheriff,
during the confinement in jail of such free negro or person of color, to call
upon some justice of the peace or quorum, to warn such free negro or per-
son of color, never to enter the said State, after he or she shall have depart-
ed therefrom ; and such justice of the peace or quorum, shall, at the time
of warning such free negro or person of color, insert his or her name in a
book to be provided for that purpose by the sheriff, and shall therein specify
his or her age, occupation, height, and distinguishing marks; which book
shall be good and sufficient evidence of such warning. And said book shall
be a public record, and be subject and open to the examination of all persons
who may make application to the clerk of the court of general sessions, in
whose office it shall be deposited. And such justice shall receive the sum r . , .
of two dollars, payable by the captain of the vessel in which said f^ee ^^'""^'^ '^''''
negro or person of color shall be introduced into this State, for the services
rendered in making said entry. And every free negro or person of
472 STATUTES AT LARGE
A. D. 1 835. Acfs relating to Slaves.
color, who shall not depart the State, in case of the captain refusing or
neglecting to carry him or her away, or having departed, shall ever again
enter into the limits of this State, by land or by water, after having been
warned as aforesaid, shall be dealt with as the first section of this Act di-
rects in regard to persons of color who shall migrate or be brought into
this State.
IV. A?id he it further enacted by the authority aforesaid. That it shall
not be lawful for anj' master or captain of any vessel, or for any other
Penalty for m-pgrson, to introduce or bring into the limits of this State any free negro or
negrdes and person of color, as a passenger, or as a cook, mariner, steward, or in any
persons of other capacity, on board of such vessel, whose entrance into this State is
color into this prohibited by this Act. And if any master or captain of any such vessel,
as aforesaid, shall bring in or introduce into this State any such free negro
or person of color, whose entrance is prohibited as aforesaid, or if any other
person shall introduce by land, as a servant, any free negro or person of color,
every such person shall, for the first offence, be indicted therefor, and on
conviction, be fined in a sum not exceeding one hundred dollars; and for
the second offence, be liable to forfeit and pay, for each free negro or per-
son of color so brought into this State, the sum of one thousand dollars;
and shall, moreover, be liable to be imprisoned for any term of time not
exceeding six months. And such free negro or person of color, so intro-
duced, whose entrance into this State is prohibited as aforesaid, shall be
dealt with as is prescribed in the first section of this Act.
V. And he it further enacted by the authority aforesaid. That it shall
Penalty fcr re- not be lawful for any free negro or person of color, who has left the State
leavinl'the^'^ ^* ^"y ^^"^^ previous to the passing of this Act, or for those who may here-
State, after leave the State, ever to return again into the same, without being
subject to the penalties of the first section of this Act, as fully as if they
had never resided therein.
VI. And he it farther enacted by the authority aforesaid. That it shall
not be lawful for any citizen of this State, or other person, to bring into this
bring sliives State, under any pretext whatever, any slave or slaves from any port or place
from foreign in the West Indies, or Mexico, or any part of South America, or from Europe,
parts. or from any sister State situated to the North of the Potomac river, or the
cio.,„=. . i.„„ city of Washinoton. Neither shall it be lawful for any person to brino; in-
olaves taken ', - ^ • i r- i
outof the State to this State, as a servant, any slave who has been earned out of the same,
cannot be jf^ ^t any time during the absence of such slave from this State, he or she
a<rain. hath been in ports or places situated in Europe, in the West Indies, or
Mexico, or any part of South America, or in any State north of the Poto-
mac, or city of Washington ; and any person who shall bring into
this State any slave, contrary to the meaning of this Act, shall forfeit and
pay the sum of one thousand dollars for each such slave, to be recovered in
an action of debt, in any court having jurisdiction; and each and every
such slave shall be forfeited as is hereinafter provided by this Act : Provi-
ded, that nothing herein contained shall prevent any owner from bringing
into the State any runaway slave who may have been re-taken.
VII. And be it further enacted by the authority aforesaid. That it shall
and may be lawful for any white person, on the arrival of any slave into
this State frotn any other State or foreign port, to arrest and carry him or
her before some magistrate of the district or parish where he or she may
be taken ; and it shall be the duty of the sheriff or any constable of the
district or parish into which such slave shall be brought, as aforesaid, on
information given, to arrest any slave arriving, brought or introduced into
OF SOUTH CAROLINA. 473
Acts relating tu Slaves. A. 1). 1835.
this State from any other State or foreign port, and carry him or her before
some magistrate, as aforesaid, who shall forthwith commit such slave or ^rrast. '^^ *^
slaves to prison, and there keep him or her until the owner or person intro-
ducing such slave or slaves into this State shall make oath, that at no time
during the absence of such slave or slaves from this State, he, she or they
have been in any port or place prohibited by this Act. And should such
owner or person introducing such slave or slaves, neglect or refuse to make
such oath, for the space of ten days after he or she shall have received no-
tice of the arrest of such slave or slaves, and of the cause thereof, it shall
be the duty of the magistrate aforesaid, to form a court of two magistrates j^^^^^^^ ^^
and five freeholders, and on proof, to the satisfaction of such court, that forming court,
such slave or slaves have been beyond the limits of this State, and that such
owner or person who shall have introduced them into this State, as afore-
said, after having been duly served with the notice of such slave or slaves
having been arrested, as aforesaid, and of the cause of such arrest, has ne-
glected or refused to make oath, as aforesaid, it shall then be lawful
for said court to order the said slave or slaves to be sold at public sale, and
the proceeds of such sale shall go and be appropriated, one half to the
State, and the other half to the use of the informer.
VIII. A7id be it further enacted by the authority aforesaid, That all
free negroes and persons of color, and all other persons, shall be exempted Ca^es of ex-
from the operation of this Act, where such free negroes or persons of co- ception.
lor, and slaves, have arrived within the limits of this State by shipwreck,
stress of weather, or other unavoidable accident. But such free negroes or
persons of color, and slaves, shall be, nevertheless, liable to arrest and im-
prisonment, as is provided by the second section of this Act for all free
negroes or person of color migrating or introduced into this State contrary
to law ; and each free negro or person of color, and slaves, and all other
persons, shall be subject to all the other penalties of this Act, if the requi-
sitions of the same be not complied with within thirty days after such ship-
wreck, stress of weather, or other unavoidable accident.
IX. knd he it further enacted by the authority aforesaid, That this
Act shall not extend to free negroes or persons of color who shall arrive Cases ofex-
in any port or harbor of this State, as cooks, stewards, mariners, or as<^ep'»o'»-
otherwise employed in any vessel of war of the United States navy, or on
board of any national vessel of the navies of any of the European or other
powers in amity with the United States, unless said free negroes or persons
of color shall be found on shore after being warned by the sherift' or his
deputy to keep on board their vessels. Nor shall this Act extend to free
American Indians, free Moors or Lascars, or other colored subjects of
countries bepond the cape of Good Hope, who may arrive in this State in
any merchant vessel.
X. And be it further enacted by the authority aforesaid, That in case
any master or mate of any vessel, on his arrival, shall make any false re- Penalty for
turn to the sheriff, or his deputy, of the number of persons he may have on ^^^^^ returns.
board, whose entrance may be prohibited by this Act, he shall forfeit and
pay the sum of one thousand dollars, to be recovered by an action of debt,
in any court having jurisdiction. And any master of a vessel, or other
person, opposing the sheriff or his deputy, or any constable or marshal, in
the execution of his duty under this Act, and all persons aiding and abet-
ting him therein, shall be liable to be indicted, and, on conviction, fined
not exceeding one thousand dollars, and be imprisoned not exceeding six
months.
VOL. VII.~60.
474 STATUTES AT LARGE
A.D. I83."i. Acts relating to Slaves.
XI. And be it further enacted by the authority aforesaid, That any
^*'°re*sof"ves- ^^•^^^^' constable or marshal, who shall wilfully neglect or refuse to per-
sels for false form the duties required by this Act, shall forfeit and pay five hundred dol-
returns. lars,one half to the informer, and the other half to the use of the State, to
be recovered by action of debt, in any court having jurisdiction.
XII. And be it further enacted by the authority aforesaid. That all
prosecutions under this Act may be maintained without limitation of time.
Provided, hoioever, that no prosecution shall be permitted against the mas-
ters of vessels, or any other white persons from any part of the United
States, in less than three months, or against captains of vessels from foreign
ports in less than six months, after the passing of this Act.
XIII. And be it further enacttd by the authority aforesaid, That so much
Repeal of re- of an Act passed on the twentieth day of December, one thousand eight
pugnant Acts. ]^yj^^j.g(j and twenty, entitled "An Act to restrain the emancipation of
slaves, and to prevent free persons of color from entering into this State ;
and for other purposes ;'' and also so much of another Act, passed on the
twenty-first day of December, one thousand eight hundred and twenty-two,
entitled "An Act for the better regulation and government of free negroes
and persons of color, and for other purposes," as are repugnant to this
Act, and so much thereof as makes it the duty of the harbor-master to re-
port to the sheriff the arrival of all free negroes in the harbor of Charles-
ton ; and also an Act passed on the twentieth day of December, one thou-
sand eight hundred and twenty-three, entitled "An Act the more effectual-
ly to prohibit free negroes and persons of color from entering into this
State, and for other purposes," be, and the same are hereby, repealed.
XIV. And be it further enacted by the authority aforesaid, That no
Not permitted fj.gg negro or other free person of color shall carry any fire-arms, or other
arms. ^ ' miHtary or dangerous weapons abroad, except with a written ticket from
his or their guardian, under pain of forfeiting the same, and being fined or
whipped, at the discretion of any magistrate and three freeholders before
whom he or they may be convicted thereof. Nor shall any free person of
color be hereafter employed as a pioneer, though he may be subjected to
military fatigue duty when called on.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and ihirlyfive, and in the sixtieth year of the Sovereignty
and Independence of tlie United States of America.
H. DE AS , President of the Seriate.
PATRICK NOBLE, Speaker of the House of Representatives.
ACTS RELATING TO RIVERS.
AN ACT FOR CUTTING, CLEARING AKD MAKING A CONVENIENT CrEEK No. 347.
OR Water-Course through that part of the land belonging to
Mr. John Jones, commonly called the Hallover.
WHEREAS, the inhabitants of the South-east part of Edisto Island,
and those of that part of John's Island called Bohicket, in Colleton coun-
ty, by the want of a water passage through the marsh commonly called
the Hallover, have, for several years, considerably suffered, as well in the
transportation of the produce of their plantations, as in giving their atten-
dance upon any public extremity or occasion in Charlestown :
I. Be it therefore enacted, by his Excellency the Palatine, and the rest
of the true and absolute Lords and Proprietors of CaroUna, by and with
the advice and consent of the rest of the members of the General Assem-
bly, now met at Charlestown, for the South and West part of this Province,
and by the authority of the same. That with all convenient speed, after
the ratification of this Act, (at the equal charge and labor of all male per-
sons from sixteen to sixty years of age, living and inhabiting on the south-
east part of Edisto Island, viz: those of Mr. Thomas Grimball's, and
those of Madam Mary Grimbairs plantations ; and likewise of all the male
persons from sixteen to sixty years of age, as aforesid, living and inhabiting
from the plantation of James Burt, inclusive, and all the inhabitants on
Bohickett creek, on John's Island, to the plantation of the widow of
Bourdieu, in John's Island aforesaid, inclusive,) a convenient creek or use-
ful water passage be cut, made, kept clear, and in sufficient repair, through
the marsh commonly called the Hallover, belonging to John Jones, of
such depth and width as the commissioners hereafter named shall think fit,
II. And be it further enacted by the authority aforesaid. That Mr. Law-
rence Dennis, Mr. Thomas Stanyarne, and Mr. John Jones, be commis-
sioners, and they are hereby appointed commissioners, for cutting, making,
finishing, mending, clearing and keeping in repair, the creek called the Hall-
over, aforesaid, and the same to be, (as soon and with as much speed after
the ratification of this Act,) begun, finished and perfected, as the commis-
sioners, or any two of them, in their discretion, shall think fit.
476 STATUTES AT LARGE
A,D. ]7ll. Aci* relating to Rivers.
III. Aiid he it furtlier enacted by the authority aforesaid, That the com-
missioners above mentioned have power, and they are hereby empowered,
to direct and appoint in what part of the said creek every respective per-
son shall labor. Provided always, and it is hereby intended, that no per-
son do more, as near as possible can be computed, than his equal proportion
of the labor aforesaid. And the commissioners aforesaid are hereby like-
wise impowered to appoint and choose so many and such overseers for
taking care and overseeing the cutting and clearing of the said creek, as
they, or any two of them, shall think fit and needful. And all persons
concerned, are hereby commanded and required, within nine months af-
ter the ratification of this Act, to repair, they, or so many working men in
their stead, with so many days provision, and such tools, as by the said
commissioners or overseers they shall be ordered to bring with them, to the
place appointed, and there do such labor and work, as by the commissioners
or overseers aforesaid shall be directedand appointed. And if any person
or persons, after notice given, as aforesaid, shall neglect or refuse to repair
to the place appointed, as above mentioned, and then and there to do
such work and labor as by the said commissioners or overseers he or they
shall be ordered and directed, the person so neglecting or refusing shall,
for every day or time he shall or doth neglect or refuse, as aforesaid, for-
feit the sum of five shillings per day or time, as aforesaid, or value thereof.
IV. And it is hereby further enacted, That if any owner or other per-
son or persons concerned in male persons or negroes within the precinct
aforesaid, of the age aforesaid, and upon due summons, shall neglect or
refuse to send his said servants or negroes, as aforesaid, (to work upon the
above mentioned creek, as already specified and set forth,) shall forfeit
five shillings, current money, for each day neglected or refused, for every
servant or slave, as aforesaid, to be distrained by the next constable: and
every overseer is hereby required to give a list of the names of all persons
neglecting or refusing, as aforesaid, to any one of the commissioners afore,
said, who, joined with two or more of the said commissioners, are hereby
empowered, by a warrant under their hands and seals, directed to the next
constable, who is hereby required to give due obedience in the execution
thereof, to destrain the goods or chattels of the person or persons so neglect,
ing or refusings as aforesaid, and the distress so taken, to be appraised by
any three of the neighboring freeholders, and after the charge of distrain-
ing, the overplus, if any be, to be returned to the owner thereof.
V. And he it further enacted by the authority aforesaid, That all the
money which is forfeited for not working on the creek, called the Hallover,
aforesaid, pursuant to the directions of the commissioners already mention,
ed, shall be disposed in having such other persons employed as are willing
thereto, in making, cutting, clearing and repairing the creed aforesaid.
Read three times, and Ratified in open Assembly, this \^th day of
Dece?nber, 1714.
CHARLES CRAVEN.
CHARLES HART.
RA. IZARD.
HUGH BUTLER.
SAM. EVELEIGH.
ROBT. DANIELL.
OF SOUTH CAROLINA.
Acts relating to Rivers.
AN ACT TO IMPOWER COMMISSIONNRS TO MAKE ONE OR MORE CuTS NO- 377.
OR Creeks in the parish of Christ Church, for the more con-
venient TRANSPORTING OF THE GOODS CARRIED BY WATER TO ChARLES-
TOWN, OF THE PERSONS WITHIN THE LIMITS THEREIN MENTIONED.
WHEREAS, the several inhabitants of the parish of St. James Santee,
inclusive, from the plantation of Mr. Richard Hall, along the sea coast to
Sewee, and to the plantation of Mr. Bonhost, inclusive ; upon a north
line, to the plantation of Capt. Phillip Gendron, on Santee river; north-
east, to the plantation of John Hayes, on Black river; east, to the plan-
tation of Lewis John, on Peedee river, by their humble petition to the
General Assembly of this Province, setting forth that the ways and pas-
sages by water, by which they are obliged to transport their commodities
to Charlestown, being very shallow and dangerous, prove very often to
their great detriment, and occasions a great obstruction to their trade and
business, and praying that commissioners may be appointed for cutting
and making out convenient cuts or creeks, in such places as to the said
commissioners shall seem fit, for the more convenient transporting of their
said commodities ; which said cuts or creeks are thereby likewise proposed
to be made at the charge of the said inhabitants, living within the limits
aforesaid.
L Be it therefore enacted, by his Excellency John Lord Carterett, Pala-
tine, and the rest of the true and absolute lords and proprietors of Carolina,
by and with the advice and consent of the rest of the members of the
General Assembly, now met at Charlestown, for the South and West part
of this Province, and by the authority of the same, That the commissioners
hereinafter named shall have power and authority, and they are hereby
impowered and authorized, to cut one or more cuts or creeks in the parish of
Christ Church aforesaid, in such place or places as to the said commission-
ers shall seem fit and convenient, for the more convenient transporting of
the said inhabitants's goods and commodities to Charlestown ; which said
cuts or creeks thall be, each of them, twelve feet wide and six feet deep,
at least.
n. And he it further enacted by the authority aforesaid, That the
commissioners hereinafter named are hereby authorized and empowered to
assess and levy a certain sum of money on the several inhabitants being
within the hmits aforesaid, for defraying the charges of cutting and ma-
king the creeks or cuts aforesaid. And in case the sum so to be raised
shall happen to fall short or deficient to finish and complete the cutting
and making the said cuts and creeks, that then the said commissioners
shall, and are hereby authorized and impowered to, raise another sum for
paying the whole charge of the cutting and making the said cuts or creeks.
And the commissioners aforesaid are hereby likewise authorized, by and
at the charge of the said inhabitants, from time to time, to keep the said
cuts and creeks, when finished, free and open, and of the same width and
depth as the same were at first made., and to scour and cleanse the same
from trees or other rubbish which happen to fill up and obstruct the same,
by storms and hurricanes, or otherwise howsoever. All which said sums,
so to be raised and levied for cutting and making the creeks or cuts afore-
said, and keeping the same., from time to time, free and open, in manner
as is herein before directed, shall be raised and levied by the commissioners
478 STATUTES AT LARGE
A. 0,1717. Acts relating to Rivers.
aforesaid, on the inhabitants aforesaid, rateably and proportionably , ac
cording to the number of male negroes, Mustees, Indians and mulattoes,
each of the said inhabitants are possessed of, without any distinction to be
made of the said male negroes, Mustees, Indians or Mulattoes. Provided,
they are not under sixteen nor above sixty years of age.
III. And be it farther enacted by the authority aforesaid, That Capt.
William Capers, EHas Horey, Noah Serry, Jonah Collins, and John Hug-
gins, or any three of them, be, and are hereby declared and appointed,
commissioners for cutting and making the creeks or cuts aforesaid, and
for raising and levying the sums of money on the inhabitants aforesaid,
for defraying the charges of the same, and for keeping the said cuts or
creeks open and free, from time to time, in manner as before in this Act
is directed.
IV. And he it further enacted by the authority aforesaid. That in
case any difference shall arise between the commissioners aforesaid, touch-
ing'jthe matters aforesaid required of them by this Act, the same shall be de-
cided by a majority of them. And the commissioners aforesaid, or the
majority of them, are hereby authorized and empowered, in case any of
them shall happen to die, go off this Province, or refuse to act, or be ren-
dered uncapable to act by reason of sickness or other accident, to nominate
and choose another in the room and stead of him or them so dying, going
off, or refusing to act, or being rendered uncapable to act, as aforesaid.
V. And be it further enacted by the authority aforesaid, That the com-
missioners aforesaid are hereby authorized and empowered to erect and
build a good and sufficient bridge over Owen Daw creek, for the conve-
niency and advantage of the inhabitants, at the equal charge of the inhab-
itants living within the limits aforesaid, the cost whereof to be raised and
levied in the same manner as is before in this Act directed.
VI. And lastly, it is hereby declared and enacted , by the authority afore-
said. That the commissioners aforesaid shall have all such other powers
and authorities, and be under such other restrictions and limitations, as
any other commissioners for making of highways and building of bridges,
or making of cuts or creeks, how have, ha any part of this Province.
Read three times, and Ratified in open Assembly, the tioenty-ninth
day of June, nn.
ROBT. DANIELL.
THOS. SMITH.
CHAR. HART.
FRAS. YONGE.
SAM. EVELEIGH.
OF SOUTH CAROLINA.
Acts relating to Rivers.
AN ACT FOR CUTTING AND CLEARING A CrEEK FROM THE HEAD OF THE No. 410.
Black River, over against the Landing of Maj. David Durham,
TO the Bridge near the plantation of Capt. Roger Moore, in
THE Parish of St. James Goose Creek.
WHEREAS, the want of a convenient water passage, from the head
of Medway river, more commonly known by the name of Black river, over
against the landing of Maj. Durham, unto the bridge on the land, and
niar the plantation of Capt. Roger Moore, (heretofore known by the name
of GotF's Bridge,) doth greatly incommode the inhabitants thereabouts, in
the parish of St. James Goose Creek, in their carrying of their plantation
produce to Charlestown, the mart of all commodities made thereabouts.
L Be it therefore enacted, by the Honorable James Moore, Esq., Govern,
or of this settlement, by and with the advice and consent of the council
and representatives of the inhabitants, now met at Charlestown, in Gene-
ral Assembly for the said settlement, and by the authority of the same.
That with all convenient speed after the passing of this Act, by an equal
levy and labor of all the following persons, viz :— of the Honorable James
Moore, Esq., Governor, Robert Stevens, George Chicken, and James Kin-
lock, Esqrs. Matthew Beard, the plantation called Thorowgoods, Capt Roger
Moore, the late David Webster's plantation, Brian Raley, Mr. John Moore,
Richard Baker, James Baker, Samuel Ruscoe, Johanna Baker, Wilham
Norman, the late Daniel Dean's plantation, Edward Keating, Edward
Thomas, Richard Shingleton, Mr. Roger Sanders, John Floud, Daniel
MacDaniell, Mr. John Ouldfield, Mrs. Deborah Goft", Isaac Lewis, Ebene-
zer Shingleton, and cf their servants, as well whites as slaves, (that are
males,) from sixteen to sixty years of age, one creek or water passage be
made, according to the directions of the commissioners hereafter named;
and that they, or any three of them, have power, and they are hereby em-
powered, to appoint so many and such overseers as they shall think fit,
under them, to manage and oversee the persons employed in cutting and
clearing the said creek. And for payment of the said overseers, while em-
ployed in that work, the said commissioners are hereby empowered to as-
sess and levy on the inhabitants above mentioned, so much money as will
defray that charge; to be collected by any constable of the parish, by
virtue of a warrant for that purpose, under the hands and seals of any three
or more of the said commissioners. And that every free man appointed
to work at the cutting and clearing of the said creek, which shall refuse or
netrlect, after notice given, to work at the said creek, or in his stead to send
an'^able servant or slave, at such time and times, with provisions and such
tools as by the said commissioners, or any three of them, shall be appoint-
ed, shall, for every day he shall so neglect or refuse, forfeit seven shillings
and six pence current money ; and that every master, mistress, or overseer
of any servants or slaves, which are hereby ordered to work at the cutting
or clearing of the said creek, which shall neglect to send his servants or
slaves to work at the said creek, with provisions, and such tools, and at
such time and times, as shall be ordered by the commissioners, or any three
of them, shall, for each servant's or slave's neglect to be sent as aforesaid,
forfeit the sum of seven shillings and six pence current money, for every
day. And all the forfeitures made by this Act shall be levied by warrant
of distress, under the hands of the commissioners, or any three of them,
by any constable of the parish to whom the same shall be directed, upon
480 STATUTES AT LARGE
•'^- ''•''' ^- Acts relating to Rivers.
the goods and chattels of the persons forfeiting ; and shall be disposed of
by any three of the commissioners, in hiring able workmen, to work about
cutting and clearing the said creek ; and who are hereby empowered, for the
short, easy, and more convenient Avay and manner of cutting and clearing
the said creek, to direct the cutting of the same in or through any lands
already run out, or to be run out, and to make use of any timber, wood,
brush or earth, which they or the overseers shall think needful to and for
the cutting and clearing of the said creek.
II. And be it further enacted hy the authority aforesaid, That Colonel
George Chickens, Capt Roger Moore, Capt. Edward Hyrne, Mr. John
Ouldfield and Mr. John Moore, be, and they are hereby, appointed commis-
sioners for the purpose aforesaid ; and they, or any three of them, shall
have power, and they are hereby empowered, to compound and agree with
any one or more of the persons above mentioned, instead of their personal
labor, to pay so much money for every day's work, which otherwise he or
they ought to do, about cutting and clearing of the creek aforesaid, as by
the said commissioners and persons concerned, shall be agreed unto. Pro-
vided, the said monies be paid at or before the beginning to work on the
said creek, and the same money to be employed in hiring others to work, in
cutting and clearing of the same.
III. And he it further enacted by the authority aforesaid, That if any
of the commissioners above mentioned shall die, go off this Province, or
be rendered uncapable to act as such, that in any such case it shall and
may be lawful for the rest of the commissioners to desire the Honorable
the Governor for the time being, and he is hereby empowered, to nominate
and appoint such and so many person and persons, for commissioner or
commissioners, in his or their stead, who shall so die, go off this Province,
or be rendered uncapable to act, as aforesaid. Which commissioner or
commissioners so nominated and appointed, shall have the same full powers,
to all intents and purposes, as the commissioners hereinabove named ; which
said commissioners, and likewise those to be appointed by the Honorable
the Governor as aforesaid, shall, while the creek is cutting and making
clear, as hereinabove mentioned, and after the same is finished, in order
to keep the same clear, open, and navigable for boats and pettyaugoes,
have, and be invested with, as full powers and authority, to all intents,
constructions and purposes, and likewise under the same restrictions and
penalties, as any other commissioners of the high ways, or for cutting of
creeks and water courses, now have and are under, by virtue of any Act
or Acts now in force in this settlement.
I do assent to this Act, this 12th day of Fehrvxvry , Anno Domini, 1719.
JAMES MOORE.
OF SOUTH CAROLINA.
Acts relating to Rivers.
AN ACT FOR CUTTING AND CLEARING A CrEEK, COMMONLY CALLED No. 417.
BiGGON Creek.
WHEREAS, several of the inhabitants of St. John's parish, hving on
or very near the creek commonly called Biggon Creek, by their humble
petition to the General Assembly of this Province, have shewn and set
forth, that with great charge and expense, they have made navigable
the said creek, from Stone Landing to the bridge commonly called Her-
man's Bridge, and that they are desirous to go on with said work, and
to render the said creek more navigable ; and whereas^ it will be a very
great advantage to the said inhabitants to have the said creek opened and
made more navigable, for the easier transportation of their commodities to
Stone Landing, and to have proper commissioners appointed for the carry,
ing on the said work, and keeping the said creek clean and open. We
pray your sacred Majesty that it may be enacted, and
L Be it enacted, by the Honorable Arthur Middleton, Esq., President, by
and with the advice and consent of his Majestie's honorable council, and the
Assembly of this Province, and by the authority of the same, That Peter
De St. Julian, Esq, Mr. Daniel Ravenell, and Mr. Paul De St. Julian, be,
and are hereby, appointed commissioners for cutting and clearing the said
creek; and they are hereby empowered, whenever they shall think it neces-
sary, to meet at some convenient place near the said creek, and to summon
all and every the male inhabitants, from sixteen years old to sixty years,
living on the west side of Biggon Creek, that is to say : — from Biggon
Bridge, to the plantation of Abraham Saunders ; from thence, to the plan-
tation of Thomas Summers, on Wassumsaw Swamp ; and from thence to
the plantation of Joseph Mackey, all inclusive ; and all the inhabitants
living on the east side of Biggon Creek, that is to say : — from Biggon
Bridge, to the plantation of John Dubois, deceased; and from thence, to
the plantation of John Peirce, inclusive ; for whose advantage the said
creek shall be cut and cleared, to cut and clear the said creek from Biggon
Bridge upwards, to the plantation of Paul Trapier, deceased.
n. knd he it further enacted by the authority aforesaid. That the seve-
ral inhabitants liable to work on the said creek shall be under the same
restrictions and penalties, as to themselves and slaves, as the several inhabi-
tants of the Province are, by virtue of an Act of the General Assembly of
this Province, entitled "An Act for making, mending and altering the
high roads, private paths, bridges, causeways and water courses, in this
his Majesty's Province of South Carolina."
HL And he it further enacted by the authority aforesaid. That the com-
missioners aforenamed shall have the same power, and shall be under the
same rules and penalties, as the commissioners of the high roads, &c. of this
Province.
IV. And he it further enacted hy the authority aforesaid, That if any
person or persons shall hinder or obstruct the commissioners in the execu-
tion of their duty, shall forfeit the sum of fifty pounds current money, to be
recovered in any court of record, the one half to be paid the church war-
dens of St. John's parish, for the use of the poor of the said parish, and
the other half to the commissioners for clearing the creek, to be applied for
the use of the said creek.
THOMAS BROUGHTON, Spealer.
Charlestown, Council Chamber, Wtli March, 1726.
Assented to: ARTHUR MIDDLETON.
VOL. VH.— 61.
482 STATUTES AT LARGE
A . 1). 1734. Acts relating to Rivers.
No. 582, AN ACT for clearing and cleansing and making navigable the
Head of Ashley River, from the bridge commonly called Wa-
ring''s Bridge, to the bridge commonly called Stevens's Bridge,
AND from the said BRIDGE TO DoRCHESTER BrIDGE, AND FROM
THENCE TO THE PLANTATION OF SaMUEL WrAGG, EsQ. , INCLUSIVE.
WHEREAS, the inhabitants and owners of lands lying adjacent to the
head of Ashley river, by theij- humble petition to the General Assembly,
i'reambie. have Set forth, that by reason of several obstructions in the head of the
said river, the navigation is become impracticable, to the great detriment
of the proprietors of the adjacent lands, and have humbly prayed that they
might have leave to bring in a bill, and that an Act might be passed, to
appoint commissioners for clearing, cleansing, and making navigable the
head of the said river ; and the General Assembly having taken the said
petition into consideration, and judging the same to be reasonable — we
therefore pray your most sacred Majesty, that it may be enacted, and
I. Be it enacted, by his Excellency, Robert Johnson, Esq., Captain
UominisFioiiertf General, Governor and Commander-in-chief, in and over your Majesty's
appointed. Province of South Carolina, by and with the advice and consent of his
Majesty's honorable council, and the Assembly of the said Province, and
by the authority of the same. That the Honorable Thomas Waring, Esq.
Malachi Glaze, Esq. Samuel Stevens, Richard Eagles, Richard Waring,
Esq. Joseph Blake, and Robert Wright, jr. Esq, and the survivors of them,
are hereby constituted and appointed to be commissioners, for clearing,
cleansing, and making navigable the head of Ashley river, from the bridge
made over the said river at the plantation of the Honorable Thomas Wa-
ring, Esq. commonly called Waring's Bridge, to another Bridge made over
the said river near the town of Dorchester, commonly called Stevens's
Bridge; and from the said bridge commonly called Stevens's Bridge, to
Dorchester Bridge ; and from thence, to the eastermost side of the planta-
tion of Samuel Wragg, Esq., inclusive. And the said commissioners
hereby appointed, or the survivors of them, or any four of such survivors,
are hereby authorized and empowered, at the proper costs and charges, and
by the labor of the inhabitants and owners of the land lying adjacent to
the head of the said river, within the bounds hereinafter directed, limited
and prescribed, by themselves, their agents, workmen, servants or slaves,
to make the head of the said river navigable for boats, barges, perriaugers,
lighters, or other vessels, from the aforesaid bridge commonly called Wa-
ring's Bridge, to the said bridge commonly called Stevens's Bridge; and
from thence, to the eastermost part of the plantatation of the aforesaid
Samuel Wragg, Esq., inclusive, and to continue to maintain and use such
navigation, in such manner as the said commissioners, or the survivors of
them, or any four of such survivors, shall think fit. And for the better
carrying on, effecting, supporting and continuing the said navigation,
the said commissioners, and the survivors of them, or a majority of such
survivors, are hereby authorized and empowered, to clear, scour, open and
enlarge, or streighten the two branches of the said river, within the bounds
aforesaid, as they shall think proper and convenient, for the better naviga-
tion of boats and vessels in tlie said river, or any ways necessary for car-
rying on or effecting the said undertaking.
H And 2chereas, several tracts of land lying and being on swamps and
savannas, which run into the head of the said river, are rendered in a great
OF SOUTH CAROLINA. 4S3
Acts relating to Rivers. ^- ^- '^'^'*-
ineasure useless, by reason of the obstruction and standing of large quan- .
tities of water therein ; Be it therefore enacted by the authority aforesaid,
That a majority of the commissioners, or the survivors of them, are here-
by authorized and empowered to lay out new cuts, drains, trenches or pas-
sages for water, in and through the lands which obstruct the water from
running into the head of the said river, at the proper costs and charges of
such person or persons as shall request the said cuts, drains or passages to
be laid out, whether the same be the soil of our sovereign lord the King,
or any other person, or any body politic or corporate, their heirs or succes-
sors ; and the said commissioners, and the survivors of them, or any four of
such survivors, are hereby also fully authorized and empowered to remove
all trees, logs, timber, and other obstructions whatsoever, which may any
way hinder or impede or interrupt the navigation of the said river ; and they
are hereby empowered and authorized, by themselves, their workmen, ser-
vants or slaves, to have free ingress, egress and regress, to and from the
said river, or any part thereof, within the bounds aforesaid, through lands
or plantations of any persons whatsoever, for the better and more easy
and convenient carrying, conveying, and removing any materials whatso-
ever, for carrying on, continuing, or perfecting the cleansing, clearing,
and navigation of the said river ; and tbe said commissioners, and the sur-
vivors of them, or any four of the said survivors, are hereby fully autho-
rized and empowered to do, perform and excute all such other matters and
things as they shall think necessary and convenient, for the making and
maintaining of the branches of the said river navigable, and for the pre-
servation and improvement thereof.
III. And he it further enacted by the authority aforesaid. That the said
commissioners, and survivors of them, or any four of such survivors, shall VVhen and
meet and assemble at Dorchester, in the parish of St. George in Berkley ^ '^'® '°"'®®'"
county, at least twice in every year, that is to say : — on every Easter Mon-
day, and every first Monday in August, in every year, and at such other
days and times, as the said commissioners for the time being, or a majori-
ty of them, shall think fit. Provided, that if the said commissioners shall
meet at any other times than on the days hereby appointed, public notice of
such meetings shall be given, by a writing fixed at the door of the parish
church, by the said commissioners, or a majority of them, at least two
days before such meeting.
IV. And be it further enacted by the authority aforesaid, That the
clearing, cleansing, and making navigable the head of the aforesaid river. Who liable to
from the aforesaid bridge called Stevens's Bridge, down to the eastermost
part of the plantation of the aforesaid Saml. Wragg, in the manner hereinbe-
fore directed and specified, shall be done and performed at the equal charge
of all the inhabitants and owners of land, who live on each side of the said
river, from the eastermost part of the plantations of John Wragg and Paul
Jenys, Esqrs., to the aforesaid bridge commonly called Stevens's Bridge;
and also, of all the inhabitants and owners of lands, who live backwards
to the northward and southward of each side of the said river, and to
whom the landings on said river, within the bounds last above mentioned,
are nearest, of which the commissioners aforesaid or a majority of them,
for the time being, are hereby made sole judges ; which said charge shall be
raised by a tax or assessment on the lands and slaves of the said inhabitants
and owners of lands. And the said commissioners, or the survivors of
them, or any four of such survivors, are hereby fully authorized and
empowered to raise such tax and assessment on the lands and slaves of the
484 STATUTES AT LARGE
A. D. 1734. ^(^ig relating to Rivers.
inhabitants and owners of lands within the bounds and limits before men-
tioned, in the same manner and proportion, as the general tax is or shall
be from time to time assessed by Act of the General Assembly, and shall
and may levy the several sums of money to be imposed and assessed on
the several persons within the bounds last above mentioned, (in case of re-
fusal of payment,) by warrant of distress, under the hands and seals of
the said commissioners for the time being, or the majority of them, and
sale of the offender ^s goods.
V. And be it further enacted, That the aforesaid branches of the said
river, from the aforesaid bridge commonly called Stevens's Bridge, to the
aforesaid bridge commonly called Waring's Bridge, shall be cleared,
cleansed, and made navigable, in the manner hereinbefore directed, by the
equal labor of all the male persons living and residing on such lands or
plantations to which any landings between the bridges last mentioned,
already used, or that shall be hereafter used upon the said river, and be-
tween the said bridges last mentioned, shall be nearest or most convenient,
of which the aforesaid commissioners, or a majority of them, for the time
being, shall be sole judges ; and the said commissioners, or the survivors of
them, or any four of such survivors, are hereby authorized and empowered,
at such convenient times and seasons as they shall think fit, by warrant
under their hands and seals, directed to any constable in the aforesaid
parish of St. George's, to summon all the male inhabitants and slaves above
the age of sixteen years, and under the age of sixty years, who shall live
and reside in the bounds last above mentioned, to work and be employed
in and about the clearing, cleansing, and making navigable the aforesaid
river, streams and water courses, from the aforesaid bridge called Stevens's
Bridge, to the aforesaid bridge called Waring's Bridge ; and in case any of
the said male persons living or residing within the bounds last above men-
tioned, shall fail to appear on any of the days or times so to be appointed,
every such defaulter shall forfeit for each day's absence, a sum not exceed-
ing ten shillings ; to be recovered by warrant of distress, under the hands and
seals of the said commissioners, or a majority of them, for the time being,
and sale of the defaulter's goods.
VI. And he it further enacted by the authority aforesaid, That if any
Penalty on per- person or persons whatsoever, shall, by himself, servants or slaves, either
sons ohstiuct- by felling of trees, or by any other means whatsoever, either wilfully or
sa^e. ^ '^^^" accidentally, obstruct or interrupt the passage, course or navigation of the
said river, or any of the drains, cuts, passages or water-courses leading to
the same, and shall not, within two days after such obstruction or interrup-
tion happening, remove, clear and entirely take away, or cause the same
to be taken away, every such offender shall forfeit the sum of five pounds,
to be recovered by warrant of distress and sale of the offender's goods, as
afo'-esaid.
VII. And tvhereas, several persons do hold large tracts of uncultivated
„ . lands, near or adjacent to the head of the said river, which lands, by rea-
sons assessed. ^^^ ^^ ^^e said river's being made navigable, will be considerably increased
in value, for which reason the owners of such lands, as they will receive
the benefit, so they ought to contribute to the charge of making the said
river navigable : Be it therefore further enacted , That all and every person,
owner of any lands that lie within the bounds herein before mentioned,
who have no settlements on such lands, either with servants or slaves,
shall yearly and every year, on the twenty-ninth day of September, pay
to the aforesaid commissioners the sum of ten shillings for every hundred
OF SOUTH CAROLINA 48S
Acts relating to Rivers. A.I). 1734.
acres of land, and so in proportion for a greater or lesser quantity, until
the said creek shall be opened and made navigable, or until sucii lands shall
be settled with servants or slaves. And in ca.se the owners of such lands,
or any of them, shall neglect or refuse to pay the sums from them respec-
tively due, it shall and may be lawful for thu said commissioners, or a ma-
jority of them, for the time being, to levy the same by warrant of dis-
tress and sale of the defaulter's goods, as aforesaid. But in case it shall
happen that the defaulter shall have no goods or chattels in, or no goods
or chattels shall be produced and shewn to the commissioners, by his. agent
or attorney, on which distress can be made, then it shall and may be law-
ful for the said commissioners, or the majority of them, for the time being,
to cause to be felled and cut down upon the defaulter's lands, or any part
thereof, and to make sale of so much timber or timber-trees, as will be
sufficient to raise the sum or sums hereby assessed and made due and pay-
able for such defaulter's lands, the said timber being lirst viewed, appraised
and valued by, and certified under the hands and seals of, any two freehol-
ders of the aforesaid parish of St. George, by the said commissioners, or
the majority of them, for the time being, for that purpose to be appointed.
VIII. And he it further enacted by the authority aforesaid, That the
commissioners aforesaid, or the majority of them, tor the time being, shall j^^j^j ^^ ^^
have full power and authority to fix and appoint a convenient place for a made.
landing place, at or near the aforesaid bridge commonly called Waring's
bridge, and shall and may lay out a way or road from such landing place
to the common or high road leading through the plantation of the said
Thomas Waring, Esq., which road or way shall be used, deemed and es-
teemed as the King's highway, for the conveniency of all persons whatso-
ever, who shall have occasion to go through the same road with their carts,
wagons, horses and carriages, at all times and seasons whatsoever.
IX. And be it further enacted, That if any of the aforesaid commis-
sioners shall die or depart this Province, that it shall and may be lawful Vacancies, how
for the said commissioners, or the major part of them, to recommend others to be filled.
in their room, to his Excellency the Governor for the time being, for his
approbation ; and the persons so chosen and approved of, shall be invested
with, and it shall and may be lawful for them, and every of them, to use
and exercise, the same powers and authorities which are given to the com-
missioners by this Act appointed, in as full and ample manner, to all intents
and purposes whatsoever, as the commissioners by this Act appointed can
or lawfully may or ought to do.
X. And he it further enacted hy ihe authority' aforesaid, That if any
person or persons whatsoever shall be sued, prosecuted or molested, for The general
any matter or thing done by virtue or in pursuance of this Act, such '^sue may be
person may plead the general issue, and give this Act and the special matter \\^^g ^^t.
in evidence ; and in case the plaintiff or prosecutor shall become non-suit,
suffer a discontinuance, or a verdict shall pass against him, or judgment
shall be given against him on demurrer-, the defendant shall recover his full
costs of suit, for which he shall have the same remedy as where costs are
given at law. Provided, nevertheless, that nothing in this Act contained
shall extend, or be construed to extend, to prevent or hinder any person or
persons from erecting, building or making any mills, dams or wares for
any purposes whatsoever, in and over anj^ branches of the said river,
creeks, streams or water-courses, out of the said river, or falling into the
same, within the bounds and limits of their own lands ; provided, that the
main course and stream of the said river be not obstructed thereby, but be
486 STATUTES AT LARGE
A. n. 1734. ^cts relating to Rivers.
left open so that any person may pass and re-pass with boats and perriau-
gers up and down the same ; any thing herein contained to the contrary
notwithstanding.
This a public ^^- ^^'^' ^^ it farther enacted, That this Actshall.be deemed and al-
Act. lowed as a public Act, in all courts of justice in this Province, of which
all justices and judges are to take notice without pleading.
PAUL JENYS, Speaker.
Ill the Council Chamber, the 9th April, 1734.
Assented to: ROBT. JOHNSON.
No. 646. AN ACT for clearing and opening the several Creeks, Cut-offs
OR Water-passages therein mentioned ; and for regulating the
Boats and Pettiaugers going through the same.
WHEREAS, it has been found of great inconveniency and public de-
triment, that boats or pettyaugers of too great draught of water should be
suffered to enter into the several creeks, cut-offs or water-passages in this
Province, hereinafter mentioned, whereby the passage through the said
creeks and cut-offs is very frequently interrupted ; for prevention whereof,
for the future, we humbly pray his most sacred Majesty that it may be
enacted,
L And be it enacted, by the Honorable William Bull, Esq., President
and Commander-in-Chief, in and over his Majesty's Province of South
Carolina, by and with the advice and consent of his Majesty's Honorable
Council, and the' Commons House of Assembly of this Province, and by
the authority of the same. That the several commissioners appointed for
cutting, clearing and keeping open or in repair the creeks, cuts or passages
commonly called Watt's Cut, New Cut and Wappoe, shall, and they are
hereby required and directed, within ten months next after the passing this
Act, to cause the said creeks or water-passages, namely. Watt's Cut, New
Cut and Wappoe, to be cut, cleared and opened, to the breadth of twenty
feet, and to the depth of five feet, measuring the same at high water, in the
said cuts, respectively, at a common nep tide.
n. And be it further enacted hy i\\e authority aforesaid. That so soon
as the said creeks, cuts or passages shall be so respectively cut, cleared and
opened, as aforesaid, the said several commissioners shall cause a post of
cedar or lightwood pine to be set up at each end of each of the said cuts
or passages, in such manner as not to obstruct the passage through the
same ; which said posts shall be plainly marked and divided into feet and
half feet upwards, beginning from the bottom of the said cuts or passages,
and so to be continued to the height of six feet.
HL And, be it further enacted by the authority afoi-esaid, that if any boat
or pettyauger, drawing more than four feet water, shall enter into any of
the said creeks, cuts or passages, and stick therein, so as to obstruct, in-
terrupt or hinder the passage through the said cut or cuts, the owner or
owners, master or patroon, (at the election of the party injured,) of such
boat or pettyauger, shall be subject and liable, and are hereby obliged to
OF SOUTH CAROLINA. 487
Acts relating to Rivers. A. D. 1738.
make good all such damages that shall be sustained by any person or per-
sons who shall be retarded or hindered from passing through any of the said
creeks or cuts, by such boat or pettyauger sticking therein, as aforesaid, to
be recovered with costs of suit, by special action upon the case, in any
court of record in this Province. Provided, always, that no owner or own-
ers of any such boat or pettyauger shall be liable to answer in damages to
be found by the jury, in any sum exceeding the value of such boat or
pettyauger; but such owners shall be subject and liable^ nevertheless, to
pay full costs of suit, although such costs of suit and such damages shall
exceed the value of the said boat or pettyauger.
IV. And be it further enacted by the authority aforesaid, That every
boat or pettyauger, drawing more than three feet water when loaded, used
or to be used in any of the rivers in this Province, from and after the first
day of November, one thousand seven hundred and thirty-eight, shall have
her draught of water fairly and visibly marked on her stern post, in feet
and half feet, and shall likewise have the owner's name and place of abode,
that is to say, the town or parish in which he lives, plainly marked in le-
gible characters, in some open visible part of the said boat or pettyauger.
And that every owner or owners of any such boat or pettyauger, drawing
more than three feet water, as aforesaid, who shall employ or make use of
the same in any of the rivers in this Province, or in passing through any
of the said creeks or cuts herein before mentioned, without having their
respective draughts of water, and also his or their name or names and place
of abode plainly marked thereon, as aforesaid, shall forfeit and pay the sum
of twenty pounds, current money, for every time such boat or pettyauger
shall pass through any of the said creeks or cuts, as aforesaid, to any per-
son or persons that will inform and sue for the same, to be recovered in
manner hereinafter directed.
V. And he it further enacted by the authority aforesaid, That in case the
commissioners hereinafter mentioned shall refuse or neglect to clear, open
or cut the said creeks, cuts, or water-passages, or to set up posts therein, as
is hereinbefore directed, within the time before limited for doing the same,
they, and each of them, the said commissioners so refusing or neglecting
to do the same, shall forfeit and pay the sum of one hundred pounds, cur-
rent money of the Province aforesaid ; the one half thereof to his Majesty
and his heirs and successors, to be paid and applied to the use of cutting,
opening and clearing the said cuts, and the other half to him or them that
will inform and sue for the same.
VI. And he it further enacted by the authority aforesaid, That all fines,
penalties, forfeitures and damages that shall arise, accrue, or are given, by
virtue of this Act, not exceeding twenty pounds, current money afore-
said, shall and may be recovered in the same way and manner as debts not
exceeding twenty pounds are directed to be recovered by any law or laws
of this Province. And all the said fines, penalties and forfeitures exceed-
ing the sum of twenty pounds, current money, shall and may be recovered
in any court of record in this Province, by action of debt, bill, plaint, or
information, wherein no essoign, protection, privilege or wager of law, or
any more than one imparlance, shall be admitted or allowed.
VII. And whereas, the passage to and from Winyaw is much impeded,
by means of the sand filling up the usual passage called the Breach ; 5e it
therefore enacted by the authority aforesaid. That a cut or cuts be made
and kept open at or near t])e head of the Barksdale's Creek to Old Tom's
Creek, at the discretion of the commissioners hereafter named, sufficient
STATUTES AT LARGE
"**ii" ^I^^' -^^^^ relating to Rivers.
for a boat that draws four feet water, the charge of which cut or cuts shall
be borne by the inhabitants of the parish of Prince Frederick, Prince
George, St. James Santee, and Christ Church, by an equal assessment on
the lands and slaves of the said inhabitants, and all others who are owners
of land and slaves in either of the said parishes.
VIII. And be it enacted by the authority aforesaid, That Mr. John Hen-
derick, Mr. Jonah Collins, Mr. Thomas Laroche, be, and are hereby, ap-
pointed commissioners for the making and keeping in order the said cut or
cuts and to make, the said assessments, and levy the same, by warrant
under their hands ; v/hich said commissioners shall be liable to the same
fines and penalties, in case they refuse or neglect to make the said cut or
cuts as the commissioners are, who are appointed to open and clear the
New Cut, in Stono river; and shall make the said cut or cuts within the
time limited to the said commissioners for the New Cut, under the pen-
alties aforesaid ; which said fines and penalties shall be levied as is here-
tofore prescribed by this Act.
IX. And he it further enacted by the authority aforesaid. That the cut
or creek called Hallover, and that passage commonly called Newtown Cut,
shall be cut, cleansed and kept open and regulated, as well with respect to
the boats passing through the same, as the owners and masters thereof, in
the same way and manner as the other water-passages before mentioned
are.
X. And be it further enacted by the authority aforesaid , That Mr. Joseph
Stanyarne, Thomas Hcxt, Joseph Jones, and David Hext, and Anthony
Mathewes, Esqrs., be, and are hereby, appointed commissioners for the
said Newtown Cut ; and that Mr. Paul Hamilton, Mr. Paul Grimball, Mr.
Robert Samms, Mr. Rivers Stanyarne, and Mr. John Jenkins, jun., be,
and are hereby, appointed commissioners for the said creek or cut called
the Hallover.
XI. And be it further enacted by the authority aforesaid, That in case
any damages shall be recovered or any action brought against any owner
or owners of any boat or pettyaugers, for such boats or pettyaugers enter-
ing into and interrupting the passage of the said creeks or cuts, or any of
them, contrary to the direction of^ this Act, it shall and may be lawful to
and for the said owner and owners, to stop the said damages, or so much as
the wages of the patroon or master shall amount to, out of the wages of
the master or patroon of such boat or pettyauger, and also to recover the
damages which shall remain after the stoppage of such wages, by special
action of the case, against such master or patroon, his executors or admin-
istrators, (if such master or patroon did enter into such creek or cut, with-
out the special direction of such owner.) in any court of record in this
province ; wherein no essoign, protection, privilege, or wager at law, shall
be admitted or allowed.
XII. And be it further enacted by the authority aforesaid. That in case
any of the commissioners before mentioned, shall die, depart this Province,
or refuse to act, it shall and may be lawful to and for the Governor, Lieu-
tenant Governor, or President of this Province, to nominate and appoint one
other commissioner or commissioners, in the room of him or them so dy-
ing, departing this Province, or refusing to act, who shall have the same
powers and authorities as if they had been originally named in this Act.
XIII. And be it further enacted by the authority aforesaid, That in case
any of the said conunissioners hereinbefore mentioned, or any other person
acting by or under their authority, shall be sued or prosecuted for any
OF SOUTH CAROLINA. 489
Acts relating to Rivers. A.^.n^s.
matter or thing, by them, or any of them, done by virtue or in pursuance
of the direction of this Act, it shall and may be lawful to and for such
commissioner and commissioners, and other person and persons whatsoever,
so sued or prosecuted, to plead the general issue, and give this Act and the
special matter in evidence. And in case the plaintiff or plaintiffs shall
discontinue, become nonsuit, or a verdict shall pass against him or them,
there shall be taxed and allowed to every such defendant and defendants,
his and their double costs of suit, for which every defendant shall have like
remedy as by law are given to other defendants.
CHARLES PINCKNEY, Speaker.
In the Council Chamber, the llth of March, 1738.
Assented to: WM. BULL.
AN ACT FOR CLEARING, CLEANSING AND MAKING NAVIGABLE BlACK ]yfo. 647.
River, and for keeping the same open and navigable, from
THE Narrows, inclusive, to the Western boundary of Williams-
burg TOWNSHIP.
WHEREAS, the upper part of Black river, from a place commonly
called the Narrows, inclusive, is found impracticable for pettyaugers and preamble,
other boats of burthen to pass, by reason of several obstructions in the
same, which greatly discourages the settling and improving the lands
adjacent to the said river ; we therefore pray his most sacred Majesty that
it may be enacted,
L And be it enacted, hy the Honorable William Bull, Esq., President
and Commander-in-Chief in and over his Majesty's Province of South Ca- ap°p'^3?"^''
rolina, by and with the advice and consent of his Majesty's Honorable
Council and the Commons House of Assembly of the said Province, and
by the authority of the same, That Robert Finlay, Crafton Karwan, Rich-
ard Hall, David Allen, and John Jones, and the survivors of them, are
hereby constituted and appointed commissioners for cleansing, clear-
ing and making navigable Black river, and keeping the same open
and navigable, from the place commonly called the Narrows, inclusive, to
the western boundary of Williamsburg township, and as far above as shall
be adjudged practicable by the said commissioners and their survivors, and
a majority of them. And the said commissioners hereby appointed, or the
survivors of them, or any three of them, or three of such survivors, are
hereby authorized and appointed, at the proper costs and charges, and by
the labour of the inhabitants and owners of the lands lying adjacent to the
said river, within the bounds hereafter limited and prescribed, by them-
selves, their agents, workmen, servants or slaves, to make the said river
navigable for boats, barges, pettyaugers, Hghters, or other vessels, from the
Narrows aforesaid, inclusive, to the western boundary of Williamsburg
township, and as far above as shall be adjudged practicable, as aforesaid,
and to continue to mamtam and use such navigation, in such manner as the
said commissioners, or the survivors of them, or any three of them, or
three of such survivors, shall think fit. And for the better carrying on or
VOL. Vn.— 62.
490 STATUTES AT LARGE
A. D. 1 738. J[cts relating to Rivers.
effecting, supporting and continuing the said navigation, the said commis-
sioners, and the survivors of them, or the majority of such survivors, are
hereby authorized to clear, scour, open and enlarge or straighten the said
river, within the bounds aforesaid, in such manner as they shall think pro-
per, for the better navigation of boats or vessels in the said river, or in any
wise necessary for carrying on or effecting the said undertaking.
II. And be it further enacted by the authority aforesaid, That the majori-
Their powers, ty of the commissioners, or the survivors of them, are hereby authorized
and impowered to lay out new cuts, drains, trenches and passages for water,
in and through the lands which obstruct the running of the said river,
whether the same be the soil of our sovereign lord the King, or any other
person, or any body politic or corporate. And the said commissioners, and
the survivors of them, or any three of them, or three of such survivors,
are hereby fully authorized and impowered to remove all trees, logs, tim-
ber, and other obstructions whatsoever, which any wise hinder, impede
or interrupt the navigation of the said river ; and they are hereby impower-
ed and authorized, by themselves, their workmen, servants or slaves, to have
free ingress, egress and regress to and from the said river, or any part
thereof, within the bounds aforesaid, through the lands and plantations of
any persons whatsoever, for carrying on, continuing or perfecting the clean-
sing, clearing, preserving and rendering navigable the said river. And the
said commissioners, and the survivors of them, or any three of them, or
three of the said survivors, are hereby fully authorized and empowered to
do, perform and execute all such other matters and things, from time to
time, as they shall think convenient and necessary for the making, pre-
serving and maintaining of the said river navigable, and for the preserva-
tion and improvement thereof.
III. And be it further enacted by the authority aforesaid. That the clear-
Who liable toing, cleansing and making navigable the channel of the aforesaid river^
do the work.^ from the aforesaid place called the Narrows, inclusive, to the western boun-
dary of Williamsburg township aforesaid, and as far above as shall be
deemed practicable, as aforesaid, in manner herein directed and prescribed,
shall be done and performed at the equal charge and expense of all
the inhabitants and owners of lands or slaves, lying, being and residing
within the limits herein after mentioned, that is to say : on all inhabitants,
slaves and lands granted to any person being and residing on each side of
the said river, from the Narrows aforesaid, inclusive, to Phineas Spry's
plantation, inclusive, and ten miles above, and to extend on the north side
of the river, (within the bounds aforesaid,) half way to Peedee river, and
on the south side half way to Santee river ; which bounds on the north
and south, shall be parrellel, as near as may be adjudged, to the general
course of the said Black river ; and that such charges and expenses shall
be raised by a tax or assessment on all the granted lands and male inhabi-
tants, (whites as well as blacks,) from the age of sixteen years to sixty
years of age, within the limits aforesaid ; the same to be done and propor-
tioned by the said commissioners, or a majority of them, in such manner
that each of the said male persons shall only be rated equal to two hundred
and fifty acres of land, the said commissioners first taking the most effectual
means to discover the owners of the several tracts of land granted within the
bounds and limits aforesaid ; and shall and may levy the several sums of mo-
ney so to be imposed and assessed on the several inhibitants, slaves and own-
ers of land within the bounds last above mentioned, (in case of refusal of
payment,) by warrant of distress, under the hands and seals of the said
OF SOUTH CAROLINA. 491
Actn relating to Rivers. '^^ D. 1738.
■eommisssioners for the time being, or the majority of them, and sale of the
offender's goods. And in case any owner or owners of lands within the said
bounds, shall have no goods or chattels upon such their lands, on which dis-
tress may be made, the said commissioners, or the majority of them, are
further empowered and required to levy the sum or sums assessed in pursu-
ance hereto, in the same manner as the collectors and enquirers of the
general tax are or were impowered by any law or laws for raising the general
tax, to raise and levy the same upon the lands of any persons not resi-
dent in this Province.
IV. And be it further enacted by the authority aforesaid, that if any per-
son or persons whatsoever, shall, by himself or slaves, either by felling of
trees or by any other means whatsoever, either wilfully or accidentally, ^^"^'fy 'oj' "^'
obstruct the passage or navigation of the said river, or any of the drains, passage.
cuts, passages or water-courses leading to the same, and shall not, within
three days after such obstruction or interruption happening, remove, clear
and entirely take away, or cause the same to be taken away, every such
offender shall forfeit the sum of ten pounds, current money, to be recover-
ed by warrant of distress and sale of the offender's goods, as aforesaid, to
be applied to the charge of clearing the said river.
V. And he it further enacted, That if any of the aforesaid commission-
ers shall die or depart this Province, or decline acting, that it shall and may yaca„gg
be lawful for the remaining commissioners, or the major part of them, to how to be filled.
recommend others in their room, to his Excellency the Governor, or the
Commander-in-Chief for the time being, for his approbation ; and the per-
son or persons so recommended and approved of, shall be vested with, and
it shall and may be lawful for him or them, and every of them, to use and
exercise, the same powers and authorities which are given to the commis-
^sioners by this Act appointed, in as full and ample manner, to all intents
^nd purposes whatsoever, as the commissioners by this Act appointed can
or may or lawfully ought to do.
VI. And he It further e?tacte<:Z by the authority aforesaid, That if any
person or persons whatsoever shall be sued, prosecuted or molested, for The general
any matter or thing done by virtue or in pursuance of this Act, such per- issue may be
son may plead the general issue, and give this Act and the special matter ["i^g'^^p^""
in evidence. And in case the plaintiff or prosecutor shall become non-suit,
suffer a discontinuance, or a verdict shall pass against him, or judgment
shall be given against him on demurrer, the defendant shall recover his full
costs of suit, for which he shall have the same remedy as where costs are
given by law.
VII. And he it further enacted, That this act shall be deemed and allow- This a public
ed as a public Act, in all courts of justice in this Province, of which all Act.
judges and justices shall take notice without pleading.
CHAS. PINCKNEY, Speaker.
In the Council Chamber, the 25th day of March, 1738.
Assented to: WM. BULL.
STATUTES AT LARGE
Acts relating to Rivers.
No. 672. AN ACT to cut and sink Drains and passages into the North
AND West branches of Stono River.
WHEREAS, the waters or freshes which empty themselves into the
north and west branches of Stono river, are frequently stopped up and
intercepted by the falUng of trees, throwing up of dams and causeways
) from highland to highland, and sundry other obstructions, whereby the ad-
jacent swamps and low lands become liable to be overflown, every spring
and fall, and are rendered absolutely useless and unfit for planting and cul-
tivation. We therefore pray his most sacred Majesty that it may be
enacted,
I. And be it enacted, by the Honorable William Bull, Esq., Lieutenant
Governor and Commander-in-chief, in and over the Province of South
Carolina, by and with the advice and consent of his Majesty's honorable
council, and the Commons House of Assembly of the said Province, and
by the authority of the same. That William Cattel, Barnaby Bull, John
Drayton, Nathaniel Wickham, and Elisha Butler, are hereby constituted
and appointed commissioners, and they, and a majority of them and
their survivors, are hereby authorized and empowered, to lay out, cut,
sink, maintain and keep in repair, and to agree for the laying out, cutting,
sinking, maintaining and keeping in repair, the following free drains or
passages to carry ott" the said waters, at the proper costs and charges of the
proprietors of the lands liable to be overflown thereby, to wit : — one pas-
sage or drain, from that part of the north branch of Stono river which is
at present navigable, through long Savannah, Wampoo Savannah, and the
lowest lands which lie between the said savannahs; and from thence, to
the Cypress Gall, nigh to the entrance of Cow Savannah, that crosses
Jack Savannah public road, and runs between the plantations of Elihu and
Susannah Baker; and from thence, to be continued in the main course of
the swamp, towards Josiah Waring's plantation, to the path which leads
from Capt. Taylor's to Ashley river.
n. And. be it further enacted by the authority aforesaid, That Ralph Izard,
Esq. Robt. Stevens, Philip Evans, John Miles, and Thos. Miles, are hereby
constituted and appointed commissioners, and they, and a majority of
them, and their survivors, are hereby authorized and empowered, to lay out,
cut, sink, maintain and keep in repair, and to agree for the laying out, cut-
ting, sinking, maintaining and keeping in repair, the following free drains or
passages to carry off" the said waters, at the proper costs and charges of
the proprietors of the lands liable to be overflown thereby, to wit : — a free
drain or passage from the aforesaid part of the said branch of Stono river,
up towards Jack Savannah, through the swamp which runs by the planta-
tion of Mr. William Cattel, jr., and from thence, up the swamp to Mr.
Edward Perry's plantation ; and so to be continued to the path leading
from Captain Taylor's plantation to Ashley river ; and also, another free
passage or drain, from the said path, down to the Horse Savannah Branch,
through the plantation, late Mr. William Elliott's, deceased, to run by the
north side of Carlisle's Island, and to be continued downward, until it meets
with the passage hereby directed to be cut from the said north branch of
Stono river, towards Jack Savannah. Such drains or passages not to exceed
tifteen feet in breadth, and of no other depth than shall be necessary to dis-
charge the said freshes, and to be carried on, as near as can be, agreeable
to the natural couise or stream of the said waters, and when no such
course can be discovered, then through the lowest land. And all which said
p^.
' OF SOUTH CAROLINA. 493
Acts relating to Rivers. ■*• *^* ^^'*^"
drains and other passages made by virtue of this law, are hereby declared
to be no otherwise public than for discharging the said waters, and not for
any other public use whatsoever. And it shall and may be lawful for any
of the proprietors of lands lying on each side of the drain of fifteen feet
to be dug, to plant the same, if they think proper, and to make a post and
rail fence, and to fix posts for bridges, across the several drains and passages
hereby intended to be cut ; any thing in this law to the contrary notwith-
standing. And the said commissioners are further empowered to clear,
and keep clear, the banks of the said drains, for forty feet on one or the
other side thereof, from all trees, logs, and other incumbrances, as they
shall think most necessary ; and they, and a majority of them and their
survivors, are hereby authorized to lay out, cut and maintain the said pas-
sages according to the plan herein laid down ; and to remove all obstruc-
tions which may in any wise impede the discharge of the said waters ; and
have at all times, free ingress, egress and regress, for themselves, their
workmen, servants or slaves, horses or carriages, through all lands or plan-
tations, whether the same be the soil of our sovereign lord the King, or any
other person or persons, or body corporate or poHtic, their heirs and suc-
cessors, to the said passages or intended passages, for the better and more
easy and convenient carrying on, making and repairing such passages ;
and, generally, to do, perform and execute all such matters and things,
as they shall think necessary and convenient, for making and repairing
such passages, and for the preservation and improvement thereof.
III. And. be it further enacted by the authority aforesaid. That the
aforesaid William Cattel, Barnaby Ball, John Drayton, Nathaniel Wick-
ham, and Elisha Butler, or a majority of them, shall, and they are hereby
empowered and required, equally and indifferently to assess all the owners
of the lands liable to be overflown by stopping up or diverting the waters
or freshes of the said free drains, according to the number of acres sub-
ject to be overflown as aforesaid, from the westermost side of the planta
tions of Mrs. Ann Drayton, Mr. John Williams and Katherin Cattel, in-
elusive, downwards to the navigable part of Stono river, to defray the
charge of making and keeping in repair such parts of the three drains
aforesaid, as will lie within the said limits ; and Ralph Izard, Robert Ste-
vens, Philip Evans, John Miles, and Thomas Miles, or a majority of them,
are hereby empowered and required, equally and indifferently to assess all
the owners of lands liable to be overflown, as aforesaid, from the wester-
most line of the aforesaid plantations up to the said path leading from Capt.
Taylor's plantation to Ashley river, to defray the charge of making and
keeping in repair such part of the three drains hereby directed to be made,
as will lie within the limits last aforementioned ; and for the better ena-
abling them, from time to time, to make a just and equal assessment
towards finishing and completing the said drains, the said William Cattel,
Barnaby Bull, John Drayton, Nathaniel Wickham, and Elisha Butler, are
hereby required to enquire into the number of acres so liable to be over-
flown, belonging to each person or persons, from the westermost line of
the plantations of Mrs. Ann Drayton, Mr. John Williams, and Mrs. Kathe-
rin Cattel, inclusive, downwards to the part of Stono river now made use
of to navigate pettiaugers. And the said Ralph Izard, Robert Stevens,
Philip Evans, John Miles, and Thomas Miles, to enquire into the number
of acres so liable to be overflown, as aforesaid, from the said westermost
line of the said plantation up the three drains, to the broad road leading from
Capt. Taylor's plantation to Ashley river. And each set of the said com-
missioners to make complete lists or schedules thereof, and that copies of
494 STATUTES AT LARGE
A. U. J 740, ^Qi^ relating to Rivers.
such IJsts or schedules, shall be affixed on the doors of the parish churches
of St. Andrew, St. George and St. Paul's, in Colleton county, for three
Sundays successively, with a notice underwritten or annexed to each copy,
of meetings to be had by each set of the said commissioners, at some con-
venient places or dweUing houses within their respective districts, near the
head of the said north branch of Stono river, and on such days as the said
two sets of commissioners, or a majority of each set, shall appoint for that
purpose, so that it be not within less than twenty-one days after putting
up such copys, at which times and places the said commissioners shall ac-
cordingly meet, and hear and finally determine all such objections as shall
be made to the justness and exactness of the said lists or schedules ; and
for the more easy and speedy coming at the knowledge of the truth thereof,
all and every person or persons objecting as aforesaid, shall take the fol-
lowing oath before the said commissioners of each division, or a majority of
them, who are hereby empowered to administer the same.
"I, A B, do swear, that I am not, directly or indirectly, seized or pos-
sessed of, or entitled to, or interested in, any lands liable, or which are,
(to the best of my knowledge or belief,) or would be without banking at the
time of the common yearly freshes, liable to be overflown by the stopping
up or diverting of the waters that empty themselves into the north branch
of Stono river, either in my own right or in any others right, as guardian,
trustee, executor or administrator, attorney or agent, for any such lands,
exceeding the quantity of acres. So help me God."
And shall at the same time give in upon oath to the said commissioners,
an exact survey of such quantity of lands belonging to him, her or them,
which are, or would be without banking, liable to be overflown as aforesaid,
made by a sworn deputy surveyor ; and a majority of the said two sets of
commissioners shall thereupon form and make just and equal rates and
assessments, in proportion to the number of acres each person is respec-
tively owner of; and in case any of the persons so assessed as aforesaid
shall refuse or neglect to pay such sum or sums of money, as he, she or
they shall be charged in such assessments, that then it shall be lawful for
a majority of each of the said sets of commissioners, to issue warrants
under their hands and seals, directed to such person or persons, within their
respective divisions, whom they shall think proper to appoint, to levy the
sum or sums so assessed on the defaulter or defaulters's goods, and to ex-
pose them to public sale, returning the overplus, if any there be, to the
respective owners, deducting the reasonable charges for the said warrants.
And the major part of the said commissioners are hei'eby empowered, from
time to time, to nominate and appoint any one man residing within the
said district, who shall be rated or charged in the said assessments, to levy
the sums as aforesaid ; and such person, in case of his refusal to serve or
to do his duty, shall forfeit twenty pounds, current money of this Province,
to be levied as aforesaid. Provided, the same person shall not be compel-
led to serve for more than one year in five years, and the said commis-
sioners are in such case empowered to nominate any other person or per-
sons to collect, until the whole sums assessed are levied ; and the person so
nominated, who shall refuse or neglect to act as collector as aforesaid,
shall forfeit the like sum of twenty pounds ; and the person so collecting the
same, shall be entitled to, and receive out of the said monies, so by him to
be collected, twelve pence in every pound, for his labor and trouble therein.
IV. And whereas, several parcels of land may lie back from the said in-
tended drains and passages, and which are assessed as liable to be over-
flown by the freshes as aforesaid, may receive considerable damage froua
OF SOUTH CAROLINA. 495
Acts relating to Rivers. ^- ^- ^^0.
the waters standing and remaining thereon. Be it therefore enacted by the
authority aforesaid, That the majority of each of the said two sets of
commissioners, or their survivors, in their respective divisions, shall and
may, upon the request or application of any person or persons whose lands
shall be so situated as aforesaid, at the proi>er costs and charges of the
party or parties so applying, lay out and cut a drain in the lowest
lands, for the benetit of each body or parcel of land, not exceeding fifteen
feet in breadth, for discharging of such standing water into the main drain,
through all the lands and plantations so situated as aforesaid ; and free in-
gress, egress and regress is hereby given them, in manner as is hereinbe-
fore provided for that purpose.
V. And he it further enacted by the authority aforesaid, That if any
person or persons shall, by himself, servants or slaves, either by felling of
trees, throwing up dams, or any other means whatsoever, wilfully obstruct
or interrupt any of the said free drains or passages, or the course thereof,
or incumber the banks hereby directed to be cleared on each side thereof,
and shall not, within three days after notice given thereof, by order of any one
of the said commissioners, remove, clear and entirely take away the same,
every such offender shall forfeit the sum of twenty pounds current money,
to be levied as aforesaid ; and the commissioners, or a majority of them,
shall cause the same to be removed, cleared and taken away at the expense
of the offender, which the said commissioners, or a majority of them, are
hereby empowered to levy upon such offender or offenders as aforesaid ;
and so for every such offence, allowing three days notice between each, as
aforesaid ; which penalty shall be laid out in repairing, opening or clearing
the said drains.
VI. And be it further enacted by the authority aforesaid. That the
said two sets of commissioners, and the major part of them and their sur-
vivors, shall meet at some convenient places or dwelling houses in each
respective division, at least once in every year, and oftener, if the majority
of them shall think fit, to settle and determine all disputes and affairs rela-
ting to the said drains and passages ; public notice to be given of the time
and place of such meetings, by a writing to be fixed on the doors of the
said parish churches, at least ten days before such meetings.
VII. And he it further enacted by the authority aforesaid. That if any
person or persons whatsoever, by themselves, servants or slaves, shall, by
any ways or means, hinder or oppose the said commissioners, themselves,
servants or workmen, from cutting or sinking the said drains or passages,
or clearing the banks on each side thereof, or from cutting down , falling or
making use of any timber, wood, earth or stones, in or near the said drains,
for mending, making or repairing the same, as aforesaid, shall, for each
and every such offence, forfeit the sum of fifty pounds; to be recovered by
the said commissioners, by action of debt, bill, plaint or information, in
any court of record in this Province, and the money so recovered by them,
to be disposed of for repairing, clearing and opening of the said drains or
passages.
VIII. knd he it further enacted hy the authority aforesaid. That if any
of the aforesaid commissioners shall die or depart this Province, or shall
refuse or neglect to act, that it shall and may be lawful for the remaining
commissioners, or the major part of them, to elect others in their room, or
in default of such election, the Governor or Commander-in-chief for the
time being to appoint, and the person or persons so chosen or appointed,
shall be invested with, and it shall and may be lawful for them, and every
496 STATUTES AT LARGE
A. D. 1740. Acts relating to Rivers.
of them, to use, exercise and enjoy, the same powers and authorities, in as
full and ample manner, to all intents and purposes whatsoever, as the com-
missioners by this Act appointed can, or lawfully may, or ought to do.
IX. And be it further enacted by the authority aforesaid, That if any
person or persons whatsoever shall be sued, prosecuted or molested, for any
matter or thing done by virtue of this Act, such person may plead the gene-
ral issue, and give this Act and the special matter in evidence ; and in case
the plaintiff' or plaintiffs shall become nonsuit, suffer a discontinuance, or
enter a non vult ulterius prosequi, or verdict pass, or judgment be given on
demurrer against him or them, then the judge or judges of the court in
which such action shall be commenced or prosecuted, shall tax and allow to
every such defendant or defendants, his or their double costs of suit, and
for which such person or persons shall have like remedy as is given by law
to other defendants.
X. And whereas, the inhabitants and owners of lands whose freshes are
discharged into the west branch of Stono river, have desired, by their peti-
tion, that commissioners may be appointed to lay out three passages or
drains from the said west branch of Stono river, where it is at present na-
vigable, that is to say, from the north-east corner of Mr. Capers 's land, up
along the channel of Cocoa Swamp, to Spoon Savannah, and from High
York Causeway downwards into the said free passage or dram : Be it there,
fore enacted by the authority aforesaid, That Richard Wright and Alexan-
der Hext, Esq., and Mr. Thomas Elliott, be, and they are hereby, appoin-
ted commissioners for making and finishing the said free drains and passa-
ges for conveying the freshes into the west branch of Stono river, as is
above mentioned ; and that the said commissioners, and their successors,
to be appointed and nominated in manner aforesaid, shall have like powers,
privileges and authorities, and be subject to the same directions, and shall
proceed in the same way and manner for effecting the same, either by equal
labor of their servants or slaves, or by assessment on the lands benefitted
by the said drains or passages, as the commissioners appointed for making
the drains or passages on the north branch of Stono river have, or are en-
titled unto, by any thing herein before contained.
XI. And be it further enacted by the authority aforesaid, That this pre-
sent Act, and every matter and thing therein contained, shall be and con-
tinue in force to the full end and term of seven years, to commence from
the time of making the above assessment, and from thence unto the end
of the next session of the General Assembly, and no longer.
CHAS. PINCKNEY, Speaker.
In the Council Chamber, the 10th day of May, 1740.
Assented to: WM. BULL.
OF SOUTH CAROLINA.
Acts relating to Rivers.
AN ACT TO AMEND AND TO SUPPLY CERTAIN DEFECTS IN THE LaWS No. 694.
NOW IN BEING, FOR CUTTING, CLEARING, CLEANSING AND MAKING NA-
VIGABLE THE SEVERAL CrEEKS, CuT'OFFS AND WaTER PASSAGES IN
THIS Province.
WHEREAS, the laws of this Province, already made, for cutting, clean-
sing, clearing and making navigable the several creeks, cut-offs and water-
passages in this Province, have, by experience, been found to prove inef-
fectual, the cutting and clearing thereof having been thereby directed to
be done by the personal work, labor and service of the inhabitants and their
slaves, and commissioners confined and enjoined to cut no deeper than
five feet, measuring the same at high water on common neap tides. To
the end, therefore, that such good and necessary works may not prove
abortive, but that the same may be carried on with effect, and completed,
so as to answer the ends proposed in and by the several laws already made
for the purposes aforesaid, we humbly pray his most sacred Majesty that it
be enacted ;
I- And he it enacted, by the Honorable William Bull, Esq., Lieutenant.
Governor and Commander-in-Chief, by and with the advice and consent of
his Majesty's Honorable Council and the Commons House of Assembly of
this Province, and by the authority of the same, That from and after the
passing of this Act, the commissioners appointed by the several Acts of
the General Assembly of this Province, now in being, for cutting, cleansing,
clearing or making navigable the several creeks, cuts and water-passages
in this Province, or the major part of them, in their several districts, res-
pectively, may have power, and they are hereby impowered, at their dis-
cretion, either to cause the same to be cut, cleansed, cleared and made
navigable, in such manner as they are directed by the several Acts for
those purposes, already made, or at the joint and equal charge and expense
of the inhabitants and owners of lands and slaves and others, already
made liable to work on the several cuts, creeks and water-passages, res-
pectively.
n. And be it further enacted by the authority aforesaid. That the
said commissioners, or the commissioners for the time being, or the majori-
ty of any of them, within their several and respective districts, shall have
power, and they are hereby impowered, to contract or agree with any per-
son or persons who will undertake to cut, cleanse, clear or make navigable
the cuts, creeks or water-passages aforesaid , respectively; and that the
sum they shall contract or agree to pay for, and other charges of and at-
tending the work, shall be raised by a tax or assessment, to be by them
made, on the several persons made liable to contribute towards doing the
work ; and shall and may levy the several sums of money, so to be imposed
and assessed, (in case of refusal of payment,) by warrant of distress, un-
der their hands and seals, or under the hands and seals of the major part
of them, and sale of the defaulter's goods, returning the overplus,as usual
in such cases.
HL And he it further enacted by the authority aforesaid, That it shall
and may be lawful to and for the said commissioners, or the majority of
them, within their several and respective districts, to cause such creeks,
cut-offs and water-passages to be cut, of such depth as to make the same
of a level with the rivers, at low-water mark, on spring tides. The several
VOL. Vn.— 63.
498 STATUTES AT LARGE
A. D. 1712.
Acts relating to Rivers.
laws already made, and now in force in this Province, for cutting, clean-
sing, clearing and making navigable the several creeks, cut-offs and water
passages, or any other Act or Acts of the General Assembly of this Pro-
vince, to the contrary notwithstanding.
IV. And whereas, the commissioners appointed by law for New Cut, or
the majority of them, may find it necessary to cut and open a creek through
the firm marsh, on a straight line, and not to cleanse the present common
creek ; and that the commissioners of said New Cut and Watt's Cut may
the better know who are liable to work on, or be assessed for, said cuts;
Be it therefore further enacted by the authority aforesaid, that the commis-
sioners for New Cut, or the majority of them, shall and may, and they are
hereby impowered, at their discretion, to cut and open a creek through the
firm marsh, on a straight line, or to cleanse and keep open the common
present creek. And it is hereby declared that the inhabitants residing to
the southward and westward of New Cut, to Gibbons's, aUas Bennet's
Point, and the inhabitants between Ashepoo and Pon Pon rivers, inclusive,
making use of any landing leading through said New Cut, except those
who are liable and appointed by law to cut the creek between Ashepoo and
Pon Pon rivers, at the head of the Goose Marsh, or by any Act of General
Assembly, appointed to cut or be assessed for any other creek, shall be sub-
ject and liable to the expence, charge or labor in cutting, clearing and keep-
ing open the said New Cut and Watt's Cut ; any law, usage or custom to
the contrary notwithstanding.
V. And that the cuts and creeks in this Province may be cut, cleansed
and kept open, at the equal expense of all and every the persons concern-
ed, and that no person or persons may escape or evade paying his or their
proportionable part ; Be it therefore Jurther enacted by the authority afore-
said, That all the inhabitants of the several districts and divisions, appoin-
ted to cut, cleanse and keep open any creek or water-passage, shall, within
thirty days after public notice given, by two or more advertisements, signed
by the commissioners, respectively, or the majority of them, the same be-
ing fixed up at the most notable and public places in each district, and in-
serted in the gazette, if any gazette shall be published, render an account,
in writing, upon oath, to the said commissioners, or any one of them, for
the district where he, she they do reside, of the number of all their male
whites, as well as slaves, from sixteen to sixty years of age, within the said
district. And in case he, she or they do refuse or neglect so to do, each
person so offending shall forfeit treble the sum such person was assessed
in the last preceding year''s Provincial tax within the said district or division,
according to the best information or intelligence thereof, that the said
commissioners shall be able to obtain ; the same to be recovered by warrant
of distress on the goods and chattels of the offender, under hand and seal
of the majority of the several and respective commissioners, to be directed
to the constable, and to be applied to the use of the creek in that district
to which he or she belongs.
VI. And whereas, the time limited for cutting, clearing and cleansing
the several cuts and creeks, by an Act entitled "An additional and expla-
natory Act to an Act entitled An Act to empower the several commission,
ers of the high roads, &c.," passed the third day of July, one thousand
seven hundred and forty-one, is two short for that purpose : Be it further
enacted by the authority aforesaid. That the commissioners appointed by
the said Act, for cutting, clearing and cleansing the several cuts and creeks
in this Province, shall have eighteen months from the time of passing this
OF SOUTH CAROLINA. 499
Acts relating to Rivers. A. D. 1742.
Act, for doing the same ; any thing in the said Act contained, to the con-
trary thereof, in aay wise notwithstanding.
VII. And whereas, by an Act entitled "An Act for clearing and opening
the several creeks, cut-otfs and water-passages therein mentioned," passed
tha twenty-fifth day of March, one thousand seven hundred and thirty-
eio-ht, it is, among other things, enacted, that the several commissioners
ap^pointed for cutting, clearing and keeping open, or in repair, the creeks,
cuts or passages commonly called Watt's Cut, New Cut, and Wappoo,
shall cause the said creeks or water passages, namely, Watt's Cut, New
Cut and Wappoo, to be cut, cleared and opened to the breadth of twenty
feet: and whereas, it has since been found, by experience, that the said
breadth of twenty-feet is not sufficient for Wappoo Creek, by reason of
the same being to be cut through high loose land : Be it therefore further
cwactef^ by the authority aforesaid. That the commissioners appointed, or
to be appointed, for the said Wappoo Creek, be empowered, and they are
hereby empowered, to cut the said creek to the breadth of twenty-five feet ;
the said in part recited Act, or any other Act, to the contrary notwith-
standing.
VIII. And be it further enacted by tjie authority aforesaid. That the
commissioners appointed, or to be appointed, for cutting, cleansing or
making navigable the water-passage commonly called Watt's Cut, or the
major part of them, shall be, and they are hereby, authorized, impowered
and required, (at the expense and labor of the several inhabitants and per-
sons that are liable to cut, cleanse or make navigable Watt's Cut,) to cut
and make navigable a water-passage through the neck of marsh about two
miles distance from Pon Pon river, joining on Seabrook's Island, in the
great creek leading from Bonnet's Point into Pon Pon river, of the same
width and depth with Watt's Cut, and to cleanse and keep open and navi-
gable the same, from time to time, after the same is made. And the said
commissioners, or the major part of them, shall have all the same powers
and authorities, and be subject to the same penalties, restrictions and limi-
tations, for carrying this clause of this Act into execution, as the said
commissioners have for cutting, cleansing and making navigable Watt's
Cut, to all intents and purposes whatsoever.
IX. And whereas, many of the plantations and settlements lying in the
southern parts of this Province, on Elliott's Savannah, and the Horse-Shoe
Savannah, in the parish of St. Bartholomew, in Colleton county aforesaid,
labor under great inconveniencies for want of proper water passages, which
would, in great measure, be remedied, if the eastermost branch of Ashe-
poo river, commonly called the Horse-Shoe Creek, was made navigable
unto the bridge over the said creek, commonly called the Horse-Shoe
Bridge : Be it therefore enacted by the authority aforesaid. That Culcheth
Golighily, Esq., Mr. Thomas Elliott, and Mr. James Ferguson, and the
survivor and survivors of them, are hereby nominated, constituted and ap-
pointed commissioners for clearing, cleansing and making navigable, (for
boats and pettyaugers which do not draw upwards of five feet water, when
loaded,) the said Horse-Shoe Creek, from the plantation of Reginald Jack-
son, otherwise called Original Jackson, on the said creek, inclusive, up-
wards to the said Horse-Shoe Bridge, and from time to time keep the
same open and navigable. And the said commissioners, or a majority of
them, are hereby authorized and empowered to do and perform the same,
at the equal expense or labor of all the male inhabitants from the age of
500 STATUTES AT LARGE
A. D. 1742. _^ctg relating to Rivers.
sixteen years to the age of sixty years, living and residing on the lands boun-
ing on or lying adjacent to the said Horse-Shoe Creek, from the said plan-
tation of the said Jackson, inclusive, upwards; and also of all the inhabi-
tants, as aforesaid, who live northerly, on Elliotts Savannah, and of those
who live on the Horse-Shoe Neck, and so on to Seacom's Point, and of
all such other person and persons who shall make use of any landing on
the said Horse-Shoe Creek, within the space and distance it shall be so
made navigable, according to the directions of this Act. And the said
commissioners, or the majority of them, are hereby authorized and empow-
ered, if they shall judge it for the ease or conveniency of the said persons
who are subject and liable to the clearing, cleansing and making navigable
the said creek, as aforesaid, to agree with any person or persons for doing
the same, and to levy the expense thereof, by an equal rate or assessment
on the said inhabitants. And the said commissioners shall have all the
same powers and authorities, and be entitled to the same liberties and pri-
vileges, in regard to the clearing, cleansing and making navigable the said
creek, as aforesaid, and keeping the same open and navigable, either by
the personal labor of the inhabitants, as aforesaid, or by an assessment on
the said inhabitants, as any commissioners of any of the high roads, or
any commissioners for clearing, cleansing and making navigable any creeks
or water-passages, or for building any bridge or bridges, in any part of this
Province, by any Act or xA.cts of the General Assembly of this Province,
have, or ought to have, exercise or enjoy in this Province.
X. But whereas, the plantations or settlements of Edward North, John
Mackey, John Bagbey, and James Martin, and of the said Original Jack-
son, within the districts aforesaid, will not receive equal advantage with
the other plantations and settlements, for the use and advantage where-
of the clearing, cleansing and making navigable the said Horse-Shoe
Creek is intended, as aforesaid: Be it therefore enacted hy ihe ^iViihoniy
aforesaid. That the said plantations or settlements of Edward North, John
Mackey, John Bagbey, James Martin, and Origninal Jackson, and the
male inhabitants thereon, from the age of sixteen years to the age of sixty
years, shall be only obliged to work or labor or to be assessed towards the
making the said creek navigable, as aforesaid, at the proportion of one
fourth part of the labor or charge of the other plantations, settlements or
persons herein before subjected to the clearing, cleansing and making na-
vigable the said Horse-Shoe Creek, as aforesaid, proportionably, accord-
ing to the number of their male inhabitants, as aforesaid ; any thing
herein before to the contrary in any wise, notwithstanding. Provided
always, nevertheless, that all those persons and plantations lying and be-
ing on the said Horse-Shoe Creek, from the mouth thereof so far up the
same as a boat or pettyauger, drawing five feet when loaded, can pass,
shall be, and they are hereby, freed and exempted from all labor and ex-
pense in clearing and making navigable the said Horse-Shoe Creek ; any
thing herein before to the contrary contained, in any wise notwithstand-
ing.
XI. And he it further enacted hy ihe iiui\).ox'iiy a.^oxes?L\A, That the seve-
ral and respective commissioners herein before authorized and empowered
to carry the several matters herein before enacted into execution, shall have
as full and ample powers and authorities to carry the said several matters
into execution, to all intents and purposes whatsoever, as any commissioners
of any of the high roads, or for clearing, cleansing and making navigable
lany creeks or water-passages, or for building any bridge or bridges, in any
OF SOUTH CAROLINA.
Acts relating to Rivers.
part of this Province, by any Act or Acts of the General Assembly of
this Province, have, or ought to have, exercise or enjoy in this Province.
WM. BULL, Jun., Speaker.
In the Council Chamber, the 3d day of June, 1742.
Assented to: WM. BULL.
AN ACT FOR AMENDING AN AcT ENTITLED AN ADDITIONAL AND EX- No. 788.
PLANATORY ACT TO AN AcT ENTITLED An AcT TO EMPOWER THE
' SEVERAL Commissioners of the high roads, private paths, bridg-
es, CREEKS, causeways, AND CLEARING OF WATER PASSAGES IN THIS
Province of South Carolina, to alter and lay out the same,
for THE MORE DIRECT AND BETTER CONVENIENCE OF THE INHABI-
TANTS THEREOF.
WHEREAS, by an Act entitled "An additional and explanatory Act
to an Act entitled An Act to empower the several commissioners of the high
roads, private paths, bridges, creeks, causeways, and cleansing of water
passages in this Province of South Carolina, to alter and lay out the same,
for the more direct and better convenience of the inhabitants thereof," it is,
among other things therein contained, enacted, that Mr. Joseph Wilkin,
son. Col. John Bee, and Mr. James Stobo, be commissioners for cutting,
clearing and cleansing New Cut. And that Mr. Joseph Ceely, Mr. Wil-
liam Adams, and Archibald Calder, Esq. be commissioners for cutting,
clearing and cleansing Watt's Cut. And that Mr. John Stanyarne, Mr.
Isaac Waite, and Mr. Thomas Tatnall, be commissioners for cutting, clear-
ing and cleansing Wappoo creek. And whereas, by reason of the death of
the greater part of the said commissioners, and for want of the districts
(wherein the persons Uable to work in cutting, clearing and cleansing the
said cuts and creeks, respectively,) being duly ascertained, the said cuts
and creeks have, for several years past, been neglected, to the great detri-
ment of those planters who are obliged to send their produce through the
said cuts and creeks to market. For remedy whereof, we humbly pray his
most sacred Majesty that it may be enacted,
I. And be it enacted, by his Excellency, James Glen, Esqr. Governor-
iii-chief and Captain General in and over the Province of South Carolina,
by and with the advice and consent of his Majesty's honorable council,
and the House of Assembly of the said Province, and by the authority of
the same, That Mr. Francis Wilkinson, Mr. James Stobo, Mr. Richard
Cochran Ash, Mr. Hugh Wilson, and Mr. Alexander McGillwray, shall be,
and they are hereby, appointed commissioners, for cutting, clearing and
cleansing New Cut. And that all the male inhabitants, from the age of
sixteen to sixty years, living and residing to the southward and westward
of the said New Cut, to Gibbons's alias Bennet's Point, and the inhabi-
tants between Ashepoo and Pon Pon rivers, inclusive, making use of any
landing leading through the said New Cut, except those who are by law
502 STATUTES A.T LARGE
A. I). 1751. Acts relating to Rivers.
excepted ; and also, except those named in the districts hereinafter men-
tioned, shall work on the said New Cut. And that Mr. WiUiam Eddings,
Mr. William Adams, Mr. David Adams, Mr. Ralph Bailey, Mr. Charles
Odingsell, shall be, and they are hereby, appointed commmissionei's, for
cutting, clearing and cleansing Watt''s Cut; and that all the male inhabi-
tants from the age of sixteen to sixty years, living and residing from the
plantation of Captain William Eddings, to the plantation of William
Adams and Joshua Grimball, inclusive, south westerly, and of Jehossey
Island, shall work on the said Watt's Cut. And that Mr. Abraham Waite,
Mr. Thomas Elliott, jr. Mr. Thomas Laws Elliott, Benjamin Elliott, and
Mr. Alexaner Hext, shall be, and they are hereby, appointed commissioners,
for cutting, clearing and cleansing Wappoo Creek. And that all the male
inhabitants, from the age of sixteen to sixty years, making use of any
landing lying on the north side of Stono River, lying above the said creek
leading into the said river ; as also, all such male persons residing on John's
Island; as also, all such male persons making use of any landing on the
northwest side of Wappoo creek, except those who are by law excepted,
shall work on the said creek; any former law, usage or custom to the con-
trary thereof in any wise notwithstanding.
II. And he it furtlier enacted by the authority aforesaid. That the com-
missioners hereby nominated, respectively, or a majority of them, shall
have the same powers and authority, for cutting, clearing and cleansing
the said cuts and creeks, respectively, and shall be subject to the like pen-
alties and forfeiture for neglect thereof, as the commissioners nominated
and appointed for those purposes, by the said in part recited Act, are in-
vested with, or made subject and liable unto.
III. And whereas^ the bridge over the said Wappoo creek is not of suffi-
cient height, for boats to pass conveniently under the same. Be it there.
fore further enacted by the authority aforesaid. That the commissioners
hereby appointed for the said Wappoo creek, shall be, and they are hereby
obliged, enjoined and required, within six months from the time of passing
this Act, at the expense of the persons hereby made liable to work on the
said Wappoo creek, to raise the said bridge to the height of ten feet from
the surface of the water at high tide, or to make a draw bridge, at the
election of the said commissioners, or a majority of them, under pain of
each and every the said commissioners forfeiting the sum of fifty pounds
proclamation money, one half to his Majesty, to be applied by the Gene-
ral Assembly for the use of the public, and the other half to him or them
who will inform and sue for the same, by action of debt, bill, plaint or
information, in any court of record in this Province, wherein no privi-
lege, protection, or wager of law, shall be allowed or admitted, nor any
more than one imparlance.
IV. And he it further enacted by the authority aforesaid , That Mr. An-
drew Townsend, Mr. Cato Ash, and Mr. Richard Jenkins, shall be, and
they are hereby, appointed commissioners, for the high roads upon Edisto
Island ; and in case of the death, absence, or refusal to act, of any of the
commissioners hereby nominated for the said cuts, creeks or roads, re-
spectively, it shall and may be lawful to and for the other commissioners,
respectively, to choose and appoint another person to be commissioner, in
the room of him so dying, absent or refusing to act. And the person so
chosen and appointed shall have the same powers and authority for putting
this Act into execution, and shall be subject and liable to the same penal-
ties and forfeitures, as any of the commissioners hereinbefore named.
OF SOUTH CAROLINA. 503
Acts relating to Rivers.
V. And be it further enacted by the authority aforesaid, That this Act
shall be deemed a public Act, and, as such, shall be given in evidence be-
fore all courts in this Province, without pleading the same ; and shall con-
tinue in force for and during the term of seven years, and from thence
to the end of the next session of the General Assembly after, and no
longer.
A. RUTLEDGE, Speaker.
In the Council Chamber, May 17, 1751.
Assented to: JAMES GLEN.
AN ACT FOE MAKING BlACK RiveR NAVIGABLE, FROM THE WeSTERN No. 813.
Boundary of the Township of Williamsburgh, down to the
Tideway, as far as the place commonly called the Narrows.
WHEREAS, several of the inhabitants in and about the township of
Williamsburgh, by their humble petition to the General Assembly, have set
forth, that the petitioners had for several years suffered considerable loss
in the water carriage of their goods to market down Black River, by reason
of the great quantities of wood fallen in the same, which renders the navi-
gation not only dangerous, but oftentimes impracticable ; whereby the
petitioners are frequently prevented from carrying their produce to market
at proper seasons, to their great disadvantage, and praying that a law may
be passed to remedy the same. We therefore humbly pray his most sacred
[Majesty] that it may be enacted,
L And be it enacted, by his Excellency, James Glen, Esq., Governor-in-
chief and Captain General in and over the Province of South Carolina, by
and with the advice and consent of his Majesty''s council, and the House
of Assembly of this Province, now met in General Assembly, and by the
authority of the same. That all and every the male inhabitants, from the
age of sixteen to sixty years, living and residing within six miles of Black
river, on either side, from ten miles above the plantation of Henry Spry, on
the head of the said river in the township of Williamsburgh, down to the
Tide way, as far as the place commonly called the Narrows, inclusive,
shall be obliged, and they, and every of them, are hereby enjoined and
required, to work and assist in clearing the said Black river from the trees
fallen and lodged therein, and making the same navigable, when and as
often as they shall be thereunto summoned by the commissioners hereinaf-
ter nominated and appointed, under the like fines and forfeitures as are im-
posed by any Act or Acts of the General Assembly of this Province,
on the inhabitants of this Province, for refusing or neglecting so to work,
in the clearing, cleansing and cutting of creeks or water passages; and to
be recovered and applied in the same manner as directed and appointed
by the said Acts.
n. And be it further enacted by the authority aforesaid. That John
Jones, William Nelson, John McDonald, William Hughes, and John Irwon^
shall be, and they are hereby nominated and appointed, commissioners, for
504 STATUTES AT LARGE
A . D. 1753. jlcts relating to Rivers.
putting this Act in execution. And the said commissioners, or any three
of them, shall have, use and exercise all the powers and authorities therein,
which are given to any commissioners for creeks, water passages or high
roads in this Province, and shall be liable to the hke penalties as are in-
flicted on such commissioners for neglect of their duty, by any Act or Acts
of the General Assembly. And it is hereby provided, that the several
persons who are hereby made liable to assist in making the said Black river
navigable, shall be summoned to work on such part of the said River as
shall be nearest and most convenient to their respective habitations or plan-
tations.
III. And be it further enacted hy the authority aforesaid, That incase
any of the said commissioners shall happen to die, depart this Province, or
refuse to act, then the survivors or remaining commissioners shall and
may choose and appoint another fit person or persons, to be commissioner
or commissioners, in the room of him or them, so dying, refusing to act or
departing this province ; which person or persons so chosen and appointed,
shall have the same powers and authorities, and be subject to the same
penalties and forfeitures, as the commissioners herein named.
IV. And. be it further enacted by the authority aforesaid. That in case the
said commissioners, or any other person or persons, shall be sued or prose-
cuted for any thing to be done in pursuance of the directions of this Act,
the said commissioners or other persons may plead the general issue, and
give this Act and the special matter in evidence.
JAMES MICKIE, Speaker.
In the Council Chamber, the 21st day of April, 1753.
Assented to: JAMES GLEN.
No. 813. AN ACT for appointing and impoweeing Commissioners to make
THE Wateree River navigable, and for laying out and making
A Road from the upper settlements, near the Catawba Nation,
ON the north-east side of the said Wateree River, to the
PLACE on SaNTEE RiVER COMMONLY CALLED BeARd's FeRRY, AND
from thence to the road leading from the congrees to
Charlestown.
WHEREAS, the making the Wateree River navigable, and the laying
out and making a road from the upper settlements near the Catawba Na-
tion, to the road leading from the Congrees to Charlestown, will be of
great benefit to the inhabitants of that part of the Province, and tend to
the better settlement thereof; we therefore humbly pray his most sacred
Majesty that it may be enacted,
I. And be it enacted, by his Excellency James Glen, Esq., Governor-in-
Chief and Captain General in and over the Province of South-Carolina,
by and with the advice and consent of his Majesty's Council and the
House of Assembly of the said Province, now met in General Assembly,
OF SOUTH CAROLINA. 505
Acts relating to Rivers. A. D. 1753.
and by the authority of the same, That Samuel Wyly, Robert Millhouse,
Jared Neilson, Matthew Neilson, and James M'Goit, be, and they are
hereby, appointed commissioners for the purposes hereinafter mentioned.
And the said commissioners, or a majority of them, shall have power and
authority, and they are hereby fully authorized, empowered and directed,
as soon as conveniently may be, after the passing of this Act, to take
away the rafts and other obstructions in the said river, or to make the said
river navigable, by cutting a water-passage in any other manner as they
shall judge most expedient.
II. And be it further enacted by the authority aforesaid. That all the
lands lying within ten miles of the said river, above the said rafts, held,
owned or claimed by any person or persons who do not reside on the same,
shall be subject to the payment of a tax of ten shillings for every hundred
acres of such lands, toward defraying the expense of making the said
river navigable. And the said commissioners shall have power and autho-
rity, and they are hereby fully authorized, impowered and directed, to
assess, levy and collect a tax on all and every the owners and proprietors
of the said lands, or any part thereof; and the said commissioners shall
have the same powers and authorities, and proceed in the same manner for
assessing, collecting and levying the said tax, as are given to the collectors
of the general tax for collecting and gathering in the annual charges of
this government; and all the male inhabitants, from the age of sixteen to
sixty years, living and residing on either side of the said river, within ten
miles of the same, and not more than seventy miles above the said rafts, or
either of them, shall be, and they are hereby, obhged and required to work
in removing the said rafts, or making the said river navigable, in any other
manner as the said commissioners, or a majority of them, shall judge most
expedient, in case the monies granted to his Majesty by the House of As-
sembly for this service, and the tax on the lands, as aforesaid, shall not be
sufficient to defray the expense of the same.
III. And be it further enacted by the authority aforesaid , That the said
commissioners, together with Richard Richardson and Isaac Brunson, shall
be commissioners, and they, or a majority of them, shall have power, and
they are hereby impowered and authorized, to lay out and make a road, in
as direct a course as the land will permit, from the upper settlements near
the Catawba Nation, on the north-east side of the Wateree river, to the
place on Santee river, commonly called Beard's Ferry, and from thence to
the most convenient part of the road leading from the Congrees to Charles-
town ; which road shall be made and kept in repair by all the male inhabi-
tants from the age of sixteen to sixty years, living within ten miles of
either side of the said road. And in case any of the said inhabitants shall
neglect or refuse to work in removing the said rafts, or otherwise in ma-
king the said Wateree river navigable, or shall neglect or refuse to work in
making the said road, or keeping the same in repair, they shall be sub-
ject to the same fines and forfeitures as any persons, by Act of the General
Assembly for cutting, cleansing and clearing of creeks and water-passages,
or making and keeping roads in repair, are made subject and liable
unto.
IV. And he it further enacted by the authority aforesaid, That the said
inhabitants shall be summoned to work on such part of the said road as
shall be nearest and most convenient to their respective plantations or hab-
itations, and shall not be obliged to work more than twenty miles upon
the road, nor longer than six days in a year.
VOL. VII.— 64.
506 STATUTES AT LARGE
A. D. 1753. j4c<* relating to Rivers.
V. A7id be it Jurther enacted by the authority aforesaid, That the said
commissioners, or a majority of them, shall have, use and exercise all
the powers and authorities for carrying the matters herein before appoin-
ted to be done, into execution, within the limits aforesaid, which are given
to any other commissioners for creeks and water-passages, or for high
roads, and shall be liable to the same penalties as are inflicted on any such
commissioners, by any Act or Acts of the General Assembly of this
Province.
VI. And he it further enactedhy the authority aforesaid, That in case any
of the said commissioners shall happen to die, depart this Province, or
refuse to act, then the majority of the remaining commissioners shall have
power, and they are hereby impowered, to nominate and appoint some
other person or persons in the room of him or them who shall so die,
depart this Province or refuse to act ; and such person and persons so
nominated, shall have the same powers and authorities for making the said
river navigable, and making and keeping the said road in repair, and shall
be liable to the like penalties and forfeitures, as the commissioners herein
before named.
VII. And be it Jurther enacted by the authority aforesaid, That in case
the said commissioners, or any of them, or any other person or persons ac-
ting under their authority, shall be sued or prosecuted for any matter or
thing by them to be done in pursuance of the directions of this Act, it
shall and may be lawful to and for the said commissioners, or other per-
son or persons so sued or prosecuted, to plead the general issue, and give
this Act and the special matter in evidence.
VIII. And be it Jurther enacted by the authority aforesaid, That the
commissioners hereby appointed for making the Wateree river navigable,
shall be, and they are, obliged, enjoined and required to render a just and
true account to the General Assembly, as well of all the monies by them
received and expended in and about the said work, as of the personal la-
bor of the inhabitants on the same, when thereunto required.
JAMES MICKIE, Speaker,
In the Council Chambei-, the 2\st day of April, 1753.
Assented Vo; JAMES GLEN.
No. 820. AN ACT for repealing such parts of an Act entitled '* An
Act to cut and sink Drains and Passages into the north and
west branches of Stono River,''' as relate to the west branch
of Stono River ; and to impower the Commissioners therein
NAMED to cut AND SINK DrAINS AND WaTER-PASSAGES INTO THE
SAID WEST BRANCH OF StONO RiVER, AND TO CUT AND SINK A DraIN
OR Water-passage in the Swamp called Basford's Swamp, in
THE PARISH of SaINT BARTHOLOMEW.
WHEREAS, the provisions made by the Act entitled "An Act to cut
and sink drains and water-passages into the north and .west branches of
OF SOUTH CAROLINA. 507
Acts relating to Rivers. ^ ■ ^ ^J^^-
Stono river/' passed the tenth day of May, one thousand seven hundred
and forty, have not proved effectual for the purposes intended, inasmuch as
many valuable tracts of land cannot be seasonably cultivated, for want of
drains into the said west branch, to the great detriment of the proprietors
of such lands; we therefore humbly pray his most sacred majesty that it
may be enacted,
I. And be it enacted^ by his Excellency James Glen, Esq., Governor-in-
Chief and Captain General in and over the Province of South Carolina,
by and with the advice and consent of his Majesty's Council and the As-
sembly of the said Province, and by the authority of the same. That from
and immediately after the passing this Act, all such matters, clauses and
things in the said recited Act contained, as relate to the laying out, cutting,
sinking, maintaining and keeping in repair the drains or water-passages to
carry off the waters into the west branch of Stono River, shall be, and are
hereby, repealed, to all intents and purposes whatsoever.
II. And be it further enacted by the authority aforesaid. That John
Miles, George Sommers, and Thomas Smith, Esq'rs., Humphrey Som-
mers, James Hearlley, Jehu Elliot, and Thomas Rigdon Smith, or any
four of them, be, and they are hereby, constituted and appointed com-
missioners and they, or a majority of them, are hereby authorized and
empowered to lay out, cut, sink, maintain and keep in repair, and to agree
for the .laying out, cutting, sinking, maintaining and keeping in re-
pair, a free dram or passage to carry the waters off the swamp commonly
called Cacaw Swamp, from the north-east corner of Capers 's land, now in
the possession of Archibald Stanyarne, up along the channel of the said
swamp, to the uppermost part of Spoon Savannah, and from Hide-Park
Causey, downwards into the drain or passage already cut, which empties
the waters into the south-west branch of the said Stono River. And the
said commissioners, or a majority of them, shall have power, and they are
hereby authorized and empowered, to lay out and make the said drain or
passage into the said swamp, at such time and in such manner as they
shall think most convenient for the purpose intended by this Act.
III. And be it further enacted by the authority aforesaid, That the said
drain or passage in the said swamp shall be laid out, made and kept in re-
pair at the expense of the owners and proprietors of the lands which shall
be benefitted by the said drain or passage, and by the labor of the slaves
employed rn any such lands.
IV. And be it further enacted by the authority aforesaid. That the
said commissioners, or a majority of them, shall have power and authority,
and they are hereby fully empowered and authorized, to employ overseers
to inspect the making the said drain or passage, and keeping the same in
repair, and to do all such matters as they, the said commissioners, shall be
of opinion will best tend to the carrying this Act into execution.
V. And that the said drain or passage may be speedily finished. Be it
further enacted by the authority aforesaid. That all the male slaves, (from
the age of sixteen to sixty years,) residing or employed on any lands with-
in the hmits aforesaid, shall be, and they are hereby, obliged and required
to work on the said drain or passage, at such time or times as the said com-
missioners, or a majority of them, shall appoint for that purpose. And in
case the owner or owners of any such slaves, shall neglect or refuse to send
the same to work on the said drain or passage, at any time when required
so to do by the said commissioners, or a majority of them, every such
owner and owners shall forfeit and pay any sum not exceeding twelve
508 STATUTES AT LARGE
A.D. 1754. ^cig relating to Rivers.
shillings and six pence, current money, per day, for every such slave that
he, she or they shall so neglect or refuse to send to work on the said drain
or passage, as aforesaid ; to be recovered by warrant under the hands and
seals of the said commissioners, or a majority of them, and to be applied
toward defraying the expense of making the said drain or passage, or keep-
ing the same in repair.
VI. And be it also enacted by the authority aforesaid. That the commis-
sioners appointed by this Act shall have the same powers and authorities,
and shall proceed in the same manner to assess, levy and collect the ex-
pense of laying out, cutting, sinking, maintaining and keeping in repair
the drain or passage hereby enjoined to be made, onthe owners of the lands
and slaves, as aforesaid, as were given to the commissioners appointed by
the above mentioned Act for assessing, levying and collecting the expense
of the drains or passages into the north branch mentioned in the said
Act.
VII. And be it further enacted by the authority aforesaid, That a drain
or passage to carry the waters off the lands in a swamp in the parish of
St. Bartholomew, commonly called the Basford's Swamp, from the lands
of William Smith, down to a creek commonly called Butler's Creek,
shall be laid out, cut, sunk, maintained and kept in repair by the several
owners and proprietors of the lands which shall be benefitted by the said
drain or passage.
VIII. And be it Jurther enacted by the authority aforesaid , That Archi-
bald Hamilton, John Roberts, and William Smith, shall be, and they are
hereby, appointed commissioners for the said passage or drain; and they,
the said commissioners, or any two of them, shall have power, and they are
hereby empowered, to lay out, cut, sink, maintain and keep the said pas-
sage or drain in repair, and to assess, levy and collect the expense of the
same on the several proprietors and owners of the lands which shall be
benefitted thereby, in the like manner as the commissioners appointed for
sinking drains in the branches of Stono river are empowered to do.
IX. And be it also enacted, That in case any of the respective commis-
sioners herein named shall happen to die, depart this Province, or refuse
to act, another commissioner or commissioners shall be nominated and ap-
pointed in the room of such commissioner or commissioners, in the same
jnanner as is directed in the like case by the Act above mentioned.
JAMES MICKIE, Speaker.
In the Council Chamber, the Sith day of May, 1754.
Assented to: JAMES GLEN.
OF SOUTH CAROLINA.
AcU relating to Rivers.
an act for ascertaining the district for cutting, cleansing no. 823.
and keeping in repair, the creek or cut commonly called the
Hawlover.
WHEREAS, by an Act made the seventeenth day of May, in the yea'"
of our Lord one thousand seven hundred and fifty-one, entitled "An Act
for amending an Act entitled an additional and explanatory Act to an Act
entitled An Act to empower the several commissioners of the high roads,
private paths, bridges, creeks, causeys, and cleansing of water passages in
this province of South Carolina, to alter and lay out the same, for the
more direct and better convenience of the inhabitants thereof,^^ it is
enacted. That all the male inhabitants, from the age of sixteen to sixty
years, hving and residing from the plantation of Captain William Eddings,
to the plantations of William Adams and Joshua Grimball, inclusive, south-
westerly, and of Jehossey Island, should work on Watt's cut ; and whereas,
by ascertaining the district to work upon the said Watt's cut in the above
manner, the greater part of the slaves that were heretofore liable to work
on the cut or creek called the Hawlover, are exempted from that service,
by which means, the cutting, cleansing and keeping in repair the said cut
or creek called the Hawlover, is become a great burthen on the inhabitants
who are at present obliged to do the same. And whereas, the said inhabi-
tants by their petition to the General Assembly, have prayed to be relieved
therein, by ascertaining the district to work on the said Hawlover cut, as
was appointed by an Act of the General Assembly, passed the fifteenth
day of September, one thousand seven hundred and twenty-one. We
therefore humbly pray his most sacred Majesty that it may be enacted,
I. And he it enacted, by his Excellency, James Glen, Esq., Governor-in-
chief and Captain General in and over the Province of South Carolina, by
and with the advice and consent of his Majesty's council, and the Assem-
bly of the said Province, and by the authority of the same, That William
Bird, Joshua Grimball, Robert Sams, Richard Jenkins, and Wilham Jen-
kins, or any three of them, be, and they are hereby, appointed commis-
sioners for cutting, cleansing and keeping in repair, the cut or creek com-
monly called the Hawlover, by a plantation heretofore belonging to Samuel
Jones, deceased, on John's Island ; and that all the inhabitants making use
of the said cut or creek to come to Charlestown, residing on and near
Bohicket creek ; as also, all the inhabitants on the South-east side of Edis-
to Island, that frequently use to come through the said creek to Charles-
town, living and residing from the plantation of Mrs. Mary Russell, to the
plantation of Mr. William Adams, and from Mr. Wilham Adams's to the
broad road, to a place called the Public Dams; and from the public Dams,
(the road to be the dividing line,) to the Anababtist meeting house ; from
the said meeting house to the plantation of Mr. Wilham Jenkins, where his
son John Jenkins now lives ; and from the plantation of Mr. William
Jenkins to the plantation of Mr. David Hext, all inclusive, shall personally
work, in cutting, cleansing and keeping the said creek in repair ; any thing
in the first above recited Act contained to the contrary thereof in any wise
notwithstanding.
II. And be it further enacted by the authority aforesaid, That all the
male inhabitants residing on the remaining part of Edisto Island, on Jehos-
sey Island, Fenwick's Island, Chapman's Island, Adams's Island, and on
the plantation of Col. Gibbes, called Bennett's Point, from the age of six-
teen to sixty years, be, and they are hereby, enjoined and required, to work
510 STATUTES AT LARGE
A. D. J754. J^cts relating to Rivers.
in cutting, cleansing and keeping in repair, the cut commonly called Watt's
Cut.
III. And be it further enacted by the authority aforesaid, That in case of
the death, departure from this Province, or refusal to act, of any of the
commissioners by this Act appointed, the remaining commissioners, or a
majority of them, shall, and have power hereby, to appoint a commission-
er or commissioners, in the room of him or them so dying, departing this
Province, or refusing to Act, which commissioners so appointed shall have
and exercise all the powers given to the commissioners by this Act ap-
pointed.
IV. And be it further e7iacted by the authority aforesaid. That all such
persons as are by this law obliged to work in cutting, cleansing and keep-
ing in repair Watt's cut, be, and they are hereby, excused and exempted
from working on any other cut ; any law, usage or custom to the contrary
in any wise notwithstanding.
V. And be it further enacted by the authority aforesaid, That from and
after the passing of this Act, every matter and thing contained in an Act
entitled "An Act for amending an additional and explanatory Act to an
Act entitled An Act to empower the several commissioners of the high
roads, private paths, bridges, creeks, causeys, and cleansing of water pas-
sages in this Province of South Carolina, to alter and lay out the same, for
the more direct and better convenience of the inhabitants thereof," passed
the seventeenth day of May, one thousand seven hundred and fifty-one, as
relate to the ascertaining the district of such persons as are obliged to work
in cutting and cleansing the Hawlover, be, to all intents and purposes,
repealed ; any law, usage or custom to the contrary thereof in any wise
notwithstanding.
JAMES MICKIE, Speaker.
ht the Council Chamber^ the Wth day of May, 1754.
Assented to: JAMES GLEN.
^o. 844. AN ACT for cleansing, clearing and making navigable the
Head of Ashepoo River, from Ashepoo Bridge to the Fish Pond
Bridge ; and for cleansing, clearing and making navigable
Chechessey Creek, from the mouth of the same to the Public
Landing, known by the name of Chechessey Landing; and for
appointing commissioners for clearing the Horse Shoe Creek,
IN the room of those who are dead.
WHEREAS, the upper part of Ashepoo river, by reason of the shoals
at a place called the Three Creeks, and by reason of several trees that
have fallen and lodged therein, is found dangerous and almost impractica-
ble for pettyaugers or other boats of burthen ; and whereas, the clearing
away the obstructions and rendering the said river navigable to the Fish
Pond Bridge ; and also the making navigable Chechessey creek, would be
of great advantage to them who are settled in those parts, by the more
readily draining their swamps, as well as affording a more convenient
landing, for transporting rice and other commodities to market. We
therefore humbly pray his most sacred Majesty that it may be enacted,
OF SOUTH CAROLINA. 511
Acts relating to Rivers. A I). J 756.
I. And be it enacted, by his Excellency, James Glen, Esq., Governor-in-
chief and Captain General in and over the Province of South Carolina, by
and with the advice and consent of his Majesty^s council, and the Com-
mons House of Assembly of the said Province, and by the authority of the
same. That Colonel Henry Herney, Mr. Burrel Hyrne, WilHam Webb,
Joseph Hunt, and John Hunt, shall be, and they are hereby, appointed
commissioners for cleansing, clearing and making navigable Ashepoo river,
from the Ashepoo Bridge to the Fish Pond Bridge, and for continuing to
keep the same clear and navigable, in such manner as they shall judge
most proper for the better navigation of boats and pettyaugers in the said
river, or for the more readily draining the low lands or swamps adjacent
thereto.
n. And be it also enacted by the authority aforesaid, That Thomas
Eberson, Thomas Clifford, and Henry Meshew, be, and they are hereby,
appointed commissioners for cleansing, clearing and making navigable the
Chechessey creek, from the mouth thereof, up to the public landing com-
monly known by the name of Chechessey landing. ,
HI. And be it further enacted by the authority aforesaid, That the
commissioners, or a Majority of them, are hereby authorized and empow-
ered to remove all trees, logs, and other obstructions whatsoever, which in
any wise hinder or interrupt the navigation of the said river, and to dig the
channel of the said river as many feet wider as will be sufficient for the
passage of pettyaugers, if they see cause and think it proper ; and they,
or a majority of them, are hereby authorized and empowered, by them-
selves or their workmen, to have free ingress, egress and regress, to and
from the said river, or any part thereof, within the limits aforesaid, through
the lands or plantations of any person whosoever, for carrying on the
cleansing, clearing and making navigable the said river, or for continuing
the said navigation.
IV. And be it also enacted by the authority aforesaid. That the cleansing,
clearing and making navigable, and the continuing to keep clear and navi-
gable the said river, from Ashepoo Bridge to Fish Pond Bridge ; and that
the cleansing and making navigable Chechessey creek, and the continu-
ing to cleanse and keep the said creek navigable, shall be done and per-
formed at the labor and expense of all the male inhabitants, from the age
of sixteen to sixty years, living and residing on the plantations adjacent
thereto, respectively, in proportion to the benefit that such plantations shall
respectively receive, in the opinion of the said commissioners, that is to
say : — all the male inhabitants as aforesaid, now living, or who shall here-
after five or reside on the plantations adjacent to the said river, within the
limits aforesaid, now belonging to Colonel John Gibbes, Colonel Pinckney,
Burrel Hyrne, Stephen Bull, Edward Fenwicke, James Sfobo, William
Webb, Colonel Henry Hyrne, Joseph Miles, Thomas Miles, William Miles^
Jeremiah Miles, John Hunt, Joseph Hunt, and also, all such plantations
as may hereafter be settled adjacent to that part of the said river, to work
on the district between Ashepoo Bridge and Fish Pond Bridge. And all
the male inhabitants aforesaid, living and residing, or who shall reside on
the plantations now belonging to Rawlins Lowndes, Esq. Mrs. Gibbes,
William Harding, Thomas Ebertson, Henry Meshew, George Evans,
Maurice Williams, Joseph Andrews, James Andrews, Thomas Clifford,
Thomas Snipes, Joseph Hull, Benjamin Splatt, Edward Fenwicke ''s planta-
tion, adjacent to Chechessey creek, and all plantations that may be here-
after settled, and make use of Chechessey Landing, to work on the district
between the mouth of Chechessey creek and Chechespoy landing
512 STATUTES AT LARGE
A. U. 1756. Acts relating to Rivers.
V. And he it also enacted by the authority aforesaid, That the said
commissioners, respectively, or a majority of them, shall have as full and
ample power and authority to carry into execution the several matters
hereinbefore mentioned, to all intents and purposes whatsoever, as any of
the commissioners for any of the high roads, or commissioners for clearing,
cleansing or making navigable any rivers, creeks or water passages in any
part of this Province, by any Act' or Acts of the General Assembly, have,
or ought to have, use, exercise or enjoy.
VI. And be it also enacted by the authoritv aforesaid. That if any per-
son whosoever, shall, by himself, or his servants or slaves, either by felling
of trees, or by any other means whatever, either wilfully or accidentally,
obstruct or interrupt the passage or course of the said river or creek, and
shall not, within twenty days after such obstruction or interruption, clear
and entirely take away, or cause the same to be taken away, every such
offender shall forfeit the sum often pounds current money ; to be recovered
by warrant of distress and sale of the offender's goods, to be applied by the
commissioners, respectively, or a majority of them, toward the charge of
clearing or continuing to keep clear, the navigation of the said river or
creek, respectively, wherein the offence shall be committed.
VII. And whereas, several of the persons who were appointed comuiis-
sioners for clearing the Horse Shoe Creek are dead. Be it therefore fur.
ther enacted by the authority aforesaid. That Colonel Richard Bedon, and
Mr. Philip Hext, shall be, and they are hereby, nominated and appointed
commissioners for clearing the Horse Shoe creek, in the room of the per-
sons appointed for that purpose, who are since dead.
VIII. And be it also enacted by the authority aforesaid. That if any of
the commissioners herein named shall die, depart this Province, or decUne
acting, it shall and may be lawful for the remaining commissioners, or a
majority of them, to chose and appoint others in their room ; and the per-
son so 'chosen and appointed shall be vested with, use and exercise the
same powers and authorities which are given to the commissioners by this
Act appointed, to all intents and purposes whatever.
IX. And be it also enacted by the authority aforesaid. That if any
person or persons whosoever shall be sued, prosecuted or molested , for any
matter or thing done by virtue or in pursuance of the directions of this
Act, such person or persons may plead the general issue, and give this Act
and the special matter in evidence. And in case the plaintiff or prosecutor
shall become nonsuit, suffer a discontinuance, or a verdict shall pass against
him, or judgment shall be given against him on demur, the defendant shall
recover his full costs of suit, for which he shall have the same remedy as
where costs are given by law; any law, usage or custom to the contrary
notwithstanding.
X. And he it further enacted by the authority aforesaid, That this Act
shall be deemed and allowed as a public Act, in all courts of justice in this
Province, of which all judges and justices are to take notice without plea-
ding.
B. SMITH, Speaker.
In the Council Chamber, the \Qth day of March, 1756.
Assented to: JAMES GLEN.
OF SOUTH CAROLINA. 513
Acts 7-elating to Rivers. ^- f^- ^^68.
AN ACT TC> Ai^tOINT COMMISSIONERS TO LAY OUT, CUT, SINK, MAIN- No. 969.
TAIN, AND KEEP IN REPAIR, SEVERAL DrAINS OR WaTER PASSAGES,
to carry off the waters falling into, and for draining the
Swamp called Cawcaw Swamp, and the lands at the head
thereof; also to appoint commissioners to lay out, make, and
KEEP in repair THE ROADS THEREIN MENTIONED, IN THE PARISHES
OF St. Luke and St Peter; and for making and keeping in
repair, a drain on the Cypress Swamp, from Bacon's Bridge
to the plantation of robert eckles.
WHEREAS, the provisions heretofore made by an Act entitled "An
Act lo cut and sink drains and water passages on the north and west
branches of Stono River," passed the tenth day of May, in the year of our
Lord one thousand seven hundred and forty; and by another Act entitled
*'An Act for repealing such parts of an Act entitled An Act to cut and
sink drains and passages in the north and west branches of Stono River,
as relate to the west branch of Stono River, and to empower the commis-
sioners therein named, to cut and sink drains and water passages in the
said west branch of Stono River ; and to cut and sink a drain or water
passage in the swamp called Basford's Swamp, in the parish of St. Bar-
tholomew" — have not proved effectual for the purposes intended thereby,
so far as relates to the draining of the swamp commonly called Cawcaw
Swamp, by reason of the death of several of the commissioners appointed
for that purpose, and others of them having sold and disposed of their lands
that would have been benefitted by the said drain ; and also, for that the
said drain was not, by the said laws, directed to be extended as far as it
should be. We therefore humbly pray his most sacred Majesty that it may
be enacted.
L And be it enacted, by his Excellency, the Right Honorable Lord
Charles Greville Montagu, Captain General, Goveror and Commander-in-
chief, in and over the Province of South Carolina, by and with the advice
and consent of his Majesty's council, and the Commons House of Assem-
bly of the said Province, and by the authority of the same, That Robert
Williams and Thomas Ferguson, Esqrs., Humphrey Somers, Charles El-
liott, Isaac McPherson, James Stanyarne, and Robert Rowand, or any four
of them, be, and are hereby, constituted and appointed commissioners
and they, or a majority of them, are hereby authorized and empowered, to
lay out, cut, sink, maintain, and keep in repair, and to agree for the laying
out, cutting, sinking, maintaining, and keeping in repair, a free drain or
passage, to carry the waters off from the upper end of Spoon Savannah,
downwards, to the north-east part of lands formerly belonging to one
Capers, and now to Mr. Archibald Stanyarne; and also, one other drain or
passage, from that part of the plantation belonging to the Honorable .Tohn
Drayton, Esqr. on the road leading from the bridge commonly called
Rantowle's Bridge, to Ferguson's Ferry, through the plantation of Mr.
Charles Elliott, down, until it fall in with or intersect the said first men-
tioned drain, to be made from the upper end of Spoon Savannah, as afore-
said ; and the said commissioners, or a majority of them, shall have power,
and are hereby authorized and empowered, to lay out and make the said
drains or passages as aforesaid, at such time and in such manner as they
shall think most convenient for the purposes intended by this Act.
VOL. Vn.— 65.
514 STATUTES AT LARGE
A . D. 1768. j^f.fg relating to Rivers.
II. And be it further enacted by the authority aforesaid, That the said
drains or passages shall be laid out, made, and kept in repair, at the ex-
pense of the owners and proprietors of the lands which shall be benetitted by
the said drains or passages, and by the labor of the slaves employed on
such lands.
III. And be it further enacted by the authority aforesaid, That the
said commissioners, or a majority of them, shall have power and authority,
and they are hereby fully empowered and authorized, to employ overseers
to inspect the making the said drain or passage, and keeping the same in
repair, and to do all such matters as they, the said commissioners, shall be
of opinion will best tend to the carrying this Act into execution.
IV. And that the said drains or passages niay be speedily finished, Be it
further enacted by the authority aforesaid. That all the male slaves, from
the age of sixteen to sixty years, residing or employed on any lands within
the limits aforesaid, shall be, and they are hereby, obliged and required to
work on the said drains or passages, at such time or times as the said com-
missioners, or a majority of them, shall appoint for that purpose; and in
case the owner or owners of any such slaves shall neglect or refuse to send
the same to work on the said drains or passages, at any time when required
so to do by the said commissioners, or a majority of them, every such owner
and owners shall forfeit and pay a sum not exceeding twelve shillings and
six pence, current money, per day, for every such slave that he, she or
they shall so neglect or refuse to send to work on the said drains or passages
as aforesaid ; to be recovered by warrant, under the hands and seals of the
commissioners, or a majority of them, and to be applied toward defraying
the expense of making the said drains or passages, or keeping the same in
repair.
V. And be it also enacted by the authority aforesaid, That the commis-
sioners appointed by this Act for the purposes aforesaid, shall have the
same powers and authorities, and shall proceed in the same manner, to
assess, levy and collect the expense of laying out, cutting, sinking, main-
taining and keeping in repair, the drains or passages hereby enjoined to be
made, on the owners of the lands and slaves as aforesaid, as were given to
the commissioners appointed by the first before recited act, for assessing,
levying, and collecting the expense of the drains or passages into the north
branch mentioned in the said act.
VI. And whereas, several persons to the westward of the several planta-
tions of William Middleton, and Henry Middleton, Esqrs. ,at the Euhawes,
in the parish of St. Luke, have for some time past, (with the permission of
the said William and Henry Middleton,) made use of a private road, made
by the said William and Henry, passing through the said plantations, from
the road leading from Purysburgh to Charlestown, to the place called
Jenys''s Landing; and whereas, it would be very injurious to the said Wil-
liam and Henry Middleton, to have the said road continued through their
said plantations, and another road may be made with less prejudice to
them, and of equal utility to the persons residing to the westward of the
said plantations, for the purpose of carrying their produce to a landing. Be
it therefore further enacted by the authority aforesaid. That as soon as may
be after the passing of this Act, a landing road for the persons aforesaid,
residing to the westward of the said several plantations, shall, under and
by the direction of the commissioners hereinafter named, be laid out and
made in a direct line from the said Purysburgh road, across a part of Jas.
par's Barony, lately agreed to be purchased by the said Henry Middleton,
OF SOUTH CAROLINA. 515
Acts relating to Rivers. A. I). 1768.
to the line of Colonel Daniel Heyward's tract, formerly belonging to Col.
Hall, so as to leave one-third part of the said land lately agreed for by the
said Henry Middleton, to the northward of the said road ; and from thence,
in a direct line between the lands of the said Henry Middleton and Daniel
Hey ward, to the north-west corner of a tract of land formerly belonging to
Paul Jenys, Esqr., deceased; and from the said corner, in a direct Hne
across the head of Captain William Sealy's tract, to the present road lead-
ing to Jenys's Landing; which road shall be laid out, and well and suffi-
ciently made and finished, by the labor of the male slaves, living and
residing on the said several plantations of the said William and Henry
Middleton ; and also, by and with the labor of the male slaves of the seve-
ral persons who lately made use of the said road passing through the said
plantations, and of all others who shall make use of or be benefitted by the
said new Landing Road, to be laid out as aforesaid; and it shall and may
be lawful for all and every person and persons heretofore or now making use
of the said Landing Road through the said plantations of the said William
and Henry Middleton, to continue to use the same as they have heretofore
done, for the term of two years from and after the passing of this Act,
unless the said road shall be sooner completed and finished as afore-
said.
VH. And be it farther enacted hy the muiXioniy di^oxesdiid , That so soon
as the new Landing Road shall be laid out, made, and completly finish,
ed, as aforesaid, the same shall be used, deemed and taken as the Landing
Road, for the several persons residing to the westward of the said plan-
tations, who formerly made use of the road_^ passing through the said
plantations of the said William and Henry Middleton ; and that the male
slaves belonging to them, and to all other persons who shall have occa-
sion to make use of the said new Landing Road hereby established ; and
also, the male slaves which shall be on the plantation called Dickie Bur-
rough, belonging to the said Henry Middleton, shall be thenceforth obliged
to work on the said new Landing Road, and keep the same in repair, in
the same manner as other Landing Roads are usually worked on and kept
in repair ; and that part of the present Landing Road, from the east end of
the said new road to the landing, shall be worked on and kept in repair
in the usual manner, by every person who shall make use of the same for
the purpose of carrying their produce to tlie said landing.
VHL And. be it further enacted by the authority aforesaid, That as soon
as may be after the passing of this Act, the commissioners hereinafter
named, shall lay out and make a road, from such part of the Purysburgh
road as they shall judge most convenient, in a direct line to the north-east
corner of Gideon Dupont, Junior's, tract of one hundred and fifty-two acres ;
and from thence on the line between the said Gideon Dupont and Samuel
Hamlin, to the north-west corner of Cornelius Dupont's tract of three hun-
dred and sevent)^ acres ; and from the said corner, as near as may be, in a
direct line to the barn of Paul Porcher's plantation, near Savannah river.
And that all persons that shall or may be benefitted by the said road, shall
be obliged to assist in laying out, making and keeping the same in repair,
in the same way and manner as the other roads in this Province are made
and kept in repair.
IX. And be it further enacted by the authority aforesaid. That Gideon
Dupont, Cornelius Dupont, Paul Porcher, Samuel Porcher, and John Hey-
ward, are hereby nominated and appointed commissioners, and they, or
a majority of them, are hereby authorized and required to lay out, finish,
516 STATUTES AT LARGE
A. D. 1768. jlcts relating to Rivers.
and compleat the said new roads, within two years from the passing of this
Act ; and shall have full power and authority, to all intents and purposes,
and shall and may, at all times, use the same ways and means for causing
the said new roads, respectively, to be laid out, made, and kept in repair,
by the persons hereby made liable to the same, as any other commissioners
of high roads have, by any law or laws of this Province. And in case any
of the said commissioners shall die, depart the Province, or refuse to act,
that then it shall and may be lawful for the other commissioners, or a ma-
jority of them, to choose another person to be a commissioner, in the room
of him so dying, departing the Province or refusing to act ; and the person
so chosen shall be invested with and have the same powers and authorities
as the other commissioners hereby nominated and appointed.
X. Whereas, the Act of the General Assembly, passed the ninth of
April, one thousand seven hundred and thirty-four, for clearing, cleansing
and making navigable the head of Ashley river, hath not proved effectual
for the purposes, intended, inasmuch as many valuable tracts of land, on
the Cypress Swamp, at the head of the said riv^-, are rendered, in a great
measure, useless, by reason of many obstructions which cause the standing
of large quantities of water therein, which lands cannot be seasonably cul-
tivated, for want of sufficient drains or water-passsages, to the detriment of
the proprietors of the same ; Be it therefore enacted by the authority afore-
said, That Daniel Blake, Daniel Doyley, David Oliphant, William Sanders,
and Benjamin Waring, Esq'rs., and Henry Smith, John loor, James San-
ders, and John loor, jun., be, and they are hereby, constituted and appointed
commissioners, and they, or the majority of them, and their successors,
are hereby fully authorized and empowered, immediately after the passing
of this Act, or as soon as may be, to lay out, cut, sink, clear, clean, make
and keep in repair, or to contract and agree with such person or persons as
they, in their discretion, shall think fit, to lay out, cut, sink, clear, clean,
make and keep in repair, such drains or water-passages in and through the
said lands, leading from Bacon's Bridge, up the channels or water-passages
of the said swamp, and as far up the said channels or water-passages as
the said commissioners, their successors, or the majority of them, may
judge necessary and convenient, for draining the said swamp, and for remo-
ying of all trees, logs, timber, or any other obstructions whatsoever, which
may any way hinder or interrupt the said channels or water-passages,
whether the same be through the soil of our sovereign lord the King, or any
other person, or any body politic and corporate, their heirs and successors.
And the said commissioners, or their survivors and successors, or such
person or persons as they may contract and agree with, are hereby fully
authorized and empowered, by themselves, their workmen, servants or
slaves, to have free ingress, egress and regress, to and from the said drains
or water-passages of the said swamp, or any part thereof, through the lands
and plantations of any persons whatsoever, for the better, more easy and
convenient cutting, sinking, clearing, cleaning, making and keeping in
repair, the said drains or water-passages.
XI. And be it enacled by the authority aforesaid, That the cutting, sink-
ing, clearing, cleaning, making and keeping in repair the said drains or
water-passages, for draining the said swamp, and for removing the obstruc-
tions aforesaid, shall be done, performed and completed at the charge
and expense of the inhabitants and owners of lands who may be benefitted
by such drains or water-passages, of which the said commissioners, or their
successors, or the majority of them, are hereby appointed judges, from
OF SOUTH CAROLINA. 517
Acts relating to Rivers. ■^•^- ''^^^•
Bacon ''s Bridge, up the said swamp, to the high road across the said swamp,
leading into the Orangeburg Road, and commonly called the Cypress Road,
and from thence to the plantation of Robert Eckles, including the said
plantation : which said charge shall be raised by a tax or assessment on the
inhabitants and owners of such lands. And the said commissioners, their
successors, or the majority of them, are hereby fully authorized and im-
powered to raise such tax and assessment, equally and indifferently, on the
inhabitants or the owners of lands aforesaid, according to the computed
number of acres subject to be overflown. And in case the inhabitants or
owners of land so assessed, as aforesaid, shall refuse or neglect to pay to
the said commissioners, their successors, or either of them, such sum or
sums of money as he, she or they shall be charged in such assessment,
after a copy of such assessment shall be affixed at the church door of the
parish of St. George Dorchester, at least fourteen days, that then it shall
be lawful for the said commissioners, their successors, or the majority of
them, to issue warrants under their hands and seals, directed to any lawful
constable of the said parish, to levy the sum or sums of money so assessed
on the defaulter or defaulter's goods, and to expose the same to public sale,
returning the overplus, if any there be, to the respective owner or owners,
deducting the reasonable charges.
XII. And he it enacted by the authority aforesaid. That if any person
or persons shall, by himself, his servants or slaves, either by felling of trees,
throwing up dams, or by any other means whatsoever, obstruct or interrupt
any of the said drains or water-passages, and shall not, within twenty-four
hours after notice given to them, or either of them, by order of one or
more of the said commissioners, or their survivors, remove, clear and take
away the same, every such offender or offenders shall forfeit, for every such
offence, the sum of one hundred pounds, current money of the said Pro-
vince, to be levied by warrant under the hands and seals of the majori-
ty of the said commissioners, or their successors. And the said commis-
sioners, or their successors, and the majority of them, shall cause the same
to be removed, cleaned and taken away at the sole expense of the offender
or offenders ; which expense shall, in case of non-payment, be levied as
aforesaid ; and the penalties to be recovered , as aforesaid, shall be laid out
in cleaning and keeping in repair the said drains or water-passages.
XIII. And be it enacted by the authority aforesaid, That it shall and may
be lawful for the said commissioners, their successors, or the majority of
them, at least twice in every year, after the said drains or water-passages
shall be completed and finished, and at such convenient times and seasons
as they shall think fit, by warrant under their hands and seals, directed to
any lawful constable of the said parish, to summon all the male inhabitants
and slaves above the age of sixteen and under the age of sixty years, who
may be benefitted by the said drains or water-passages, to work and be em-
ployed in and about the cleaning and keeping in repair the said drains or
water-passages, from Bacon's Bridge, up the channels or water-passages of
the said swamp, to the high road across the said swamp leading into the
Orangeburg Road, and commonly called the Cypress Road, and from thence
to the plantation of Robert Eckles, including the said plantation. And in
case any of the said male persons, with their servants or slaves, shall fail
to appear on any of the days or times so to be appointed, every such defauU
ter shall forfeit, for each day's absence of himself, his servants or slaves,
a sum not exceeding twelve shillings and six pence, current money, to be
518 STATUTES AT LARGE
A. I). 1768. Acts relating to Rivers.
recovered and applied as aforesaid. Provided, always, that all such per-
sons shall be summoned, as aforesaid, at least ten days before the time
fixed for working, clearing, cleaning and repairing the said drains or water-
passages.
XIV. And he it enacted by the authority aforesaid, That the own-
ers of any lands that are on the said swamp, within the bounds afore-
said, who have no settlement on such lands, either with servants or slaves,
and whose lands may be benefitted by such drains or water passages, shall
pay into the hands of the said commissioners, or their successors, or either
of them, all such sum or sums of money which they may be taxed or as-
sessed, for cutting, sinking, clearing and making the said drains or wa-
ter-passages. And in case the owners of such lands, or any of them, shall
neglect or refuse to pay the said commissioners, or their survivors, yearly
and every year, the sum of twenty shillings, current money, for every
computed hundred acres of swamp land, and so in proportion for a greater
or lesser quantity, after the said drains or passages shall be fully completed
and finished, towards cleaning and keeping in repair the said drains or wa-
ter passages, it shall and may be lawful for the said commissioners, their
successors, or the majority of them, to levy all such sum or sums so due,
by warrant under their hands and seals, as aforesaid. But in case it shall
happen that the defaulter or defaulters shall have no goods on which distress
can be made, then it shall and may be lawful for the said commissioners,
their successors, or the majority of them, to cause to be felled and cut
down, upon the defaulter's lands, or any part thereof, and to make sale of,
so much timber or timber-trees as will be sufiicient to raise the sum or sums
hereby taxed or assessed and made due and payable for such defaulter's
lands; the said timber being first viewed, appraised and valued by, and
certified under the hands and seals of, any three freeholders of the said
parish, to be appointed by the said commissioners, their successors, or
the majority of them, for that purpose.
XV. And he it enacted by the authority aforesaid, That the said com-
missioners, their successors, or the majority of them, shall meet at some
convenient place, at least twice in every year, and oftener, if the majority-
shall think fit, to settle and determine all disputes relating to the said
drains or water-passages, and to do and perform all such matters and
things as they shall think necessary and convenient for the maintaining
and keeping in repair the said drains or water passages, and for the im-
provement and preservation thereof, public notice thereof being first given
in writing, to be affixed on the door of the said parish church, fourteen
days, of the time and place of such meeting.
XVI. And, he it enacted by the authority aforesaid, That if any person
or persons whatsoever, by themselves, their servants or slaves, shall, by any
ways or means, hinder or oppose the said commissioners, their successors,
or such person or persons as they shall contract, agree with or appoint, their
servants or workmen, from cutting, sinking, clearing and making the said
drains or water-passages, or from cutting down, felling or making use of
any timber- wood, earth or stones, in or near the said drains or water-pas-
sages, or from mending or repairing the same, as aforesaid, shall, for every
such offence, forfeit the sum of fifty pounds, current money of the said
Province, to be recovered by the said commissioners, their successors, or
the majority of them, by action of debt, bill, plaint or information, in any
court of record in this Province ; and the monies so recovered, to be dis-
posed of for cutting, sinking, clearing, making and keeping in repair the
said drains or water-passages.
OF SOUTH CAROLINA. 519
Acts relating to Rivers. ^- ^- '^^'^•
XVII. And be it enacted by the authority aforesaid, That if any of the
said commissioners shall die or depart this Province, or shall refuse or ne-
glect to act, it shall and may be lawful for the remaining commissioners, or
the majority of them, to elect one or more commissioners in their room, or
in default of such election, for the Governor or Commander-in Chief for
the time being, to appoint ; and the person or persons so elected or appoin-
ted, shall be invested with, and he or they shall and may lawfully use, exer-
cise and enjoy, the same powers and authorities, in as full and ample man-
ner, to all intents and purposes whatsoever, as the commissioners hereby
appointed can, or lawfully may or ought to do.
XVIII. knd be it further enacted by the authority aforesaid , that if any
person or persons whatsoever, shall be sued, prosecuted or molested, for any
matter or thing done by virtue of this Act, such person or persons may
plead the general issue, and give this Act and the special matter in evi-
dence ; and in case the plaintilf or plaintifts shall suffer a discontinuance,
or verdict or judgment shall pass against him or them, the defendant or de-
fendants shall l)e allowed his and their treble costs of suit.
P. MANIGAULT, Speaker.
In the Council Chamber, the 12th day of April, 1768.
Assented to: C. MONTAGU.
AN ACT FOK CLEARING AND MAKING NAVIGABLE EdISTO RiveR, AND Nc 1041.
THE Forks or Branches thereof.
WHEREAS, the clearing and making navigable Edisto River, and the
forks or branches thereof, will be of public utility.
I. Be it therefere enacted, by his Excellency, John Rutledge, Esqr.,
President and Commander-in-chief, the Honorable the Legislative Coun-
cil, and the General Assembly of the State of South Carolina, and by
the authority of the same, That Thomas Ferguson, Daniel Cannon, John
Ward, Roger Saunders, Henry Felder, and William Hill, Esqrs., and Mr.
David Rumph, be, and they are hereby, appointed commissioners, from '
Pon Pon Bridge, up to the forks of the said River ; and John Salley,
Henry Felder, Henry Young, James Pritchard, Robert Cannon, Philip
Jennings, and William Powe, be, and they are hereby, appointed commis-
sioners for the north and south forks of the said river, for clearing and
making navigable the said river, from Pon Pon Bridge, up to the forks
of the said river; and also, the north and south forks or branches thereof;
and the said commissioners, or a majority of them, respectively, are
hereby directed, required, and empowered, forthwith to cause the same
to be done, and a free and clear passage of not less than thirty feet
wide in the said river and the said forks or branches thereof, so to be
cut and made, as far as the same will admit of that width ; and in all
other parts where the said river, or branches or forks thereof, are less
than thirty feet wide, then to be cleared to the full width of the same, from
Pon Pon Bridge as aforesaid, to the heads of the said forks or branches,
or so near thereto as it is practicable to clear and make the same navigable,
520 STATUTES AT LARGE
A. D. 1777. Acts relating to Rivers.
as aforesaid ; and that the said commissioners, or a majority of them, re-
spectively, shall have full power and authority to contract and agree with
fit and proper persons for doing the same.
II. And be it further enacted by the authority aforesaid. That the said
commissioners, or a majority of them, shall and may, towards defraying
the expense of the said work, draw orders, not exceeding, in the whole, the
amount of ten thousand pounds, that is to say : — four thousand pounds
from the forks downwards, and for each of the said forks, three thousand
pounds, on the public treasurers of this State, for any money which may
become due or payable to any persons to be engaged or employed in doing the
said work ; and that the said orders shall be paid by the said treasurers, out
of any monies of this State in the treasury.
III. A.nd be it further enacted by the authority aforesaid. That in case
any boat passing on the said river, or the said forks thereof, shall be unrea-
sonably delayed or obstructed in its passage, by means of any mills erected
or to be erected on the said river, or the said forks thereof, the owner of
such mill, shall forfeit and pay to the owner of the said boat, the sum of
two pounds, current money of this State, for the first hour, and one pound,
like current money, for every hour thereafter, that the passage of the said
boat shall be unreasonably delayed or obstructed by means of the said mill ;
to be recovered before a magistrate, in like manner as demands under twen-
ty pounds, current money of this State, are, by the Act for trial of small
and mean causes. Provided, the said forfeiture be sued for within ten
days after it shall be incurred.
IV. And be it further enacted by the authority aforesaid, That this Act
shall be liberally construed and deemed a public Act, and that it shall be
judicially taken notice of as such. And in case any persons shall be sued
or impleaded for any thing done in pursuance thereof, and the plaintiff
or prosecutor in such suit shall become non-suit, or discontinue the same,
or judgment shall pass for the defendants, they shall recover against the
said plaintiff or prosecutor, treble costs of suit.
V. And be it further enacted by the authority aforesaid. That the said
commissioners shall lay their accounts, upon oath, of all money which they
shall receive and expend by virtue of this Act, before the General Assem-
bly of this State, within nine months after drawing the same out of the
public treasury, and pay the balance of such money, (if there shall be any
balance in their hands after completing the work hereby directed to be
done,) into the public treasury of this State, to be disposed of as the Gene-
ral Assembly shall direct.
VI. And be it further enacted by the authority aforesaid , That in case
any of the commissioners hereby appointed shall die, depart this State or
refuse to Act, the remaining commissioners shall choose a commissioner
or commissioners in the room of him or them so dying, departing this
State, or refusing to act; and the person or persons so chosen shall have
the same powers and authorities, and be liable to the same duties, as the
person or persons in whose room the said commissioner or commissioners'
are appointed.
In the Council Chamber^ the \2th day of February, \111.
Assented to: J. RUTLEDGE.
HUGH RUTLEDGE, Speaker of the Legislative CounciL
JNO. MATHEWS, Speaker of the General Assembly.
OF SOUTH CAROLINA.
Acts relating to Rivers.
AN ACT TO Ai'roiNT Commissioners for opening and enlarging No. 1045.
THE C03IMUNICATION BETWEER AsHLEY AND StONO RiVERS, AND FOR
CLEARING AND DEEPENING NeW CuT.
WHEREAS, the inland navigation of this State is of great importance
to the trade and riches of the inhabitants, and many of the laws passed at
different times for opening the same, are either expired or become useless,
for want of proper persons to carry the same into execution, whereby seve-
ral of the creeks or water-passages in the southern parts are almost stopped
up, or become dangerous to pass through.
I. Be it there/ore enacted, by his Excellency John Rutledge, Esq., Pre-
sident and Commander-in-Chief in and over the State of South Carolina,
the Honorable the Legislative Council and General Assembly of the said
State, and by the authority of the same. That Benjamin Elliott, Richard
Hutson, William Gibbes, Thomas Tucker, Thomas Elliott, Benjamin
Stone, Esq'rs., and Mr. Malary Rivers, be, and they are hereby, appointed
commissioners for opening the communication between Ashley and Stono
Rivers, either through Wappoo Creek, in the old channel, or at the place
formerly opened by the late William Elliott, Esq., deceased, whichever
may appear to them, or a majority of them, to be the most expedient, so
that at high water at neap tides, vessels drawing not more than seven feet
water may pass and re-pass. And the said commissioners, or a majority
of them, are hereby authorized and directed to erect a draw-bridge over
such water-passage, and to agree with some proper person to attend the
same at all times, by night as well as by day.
n. And be it J'urther enacted hy the authority aforesaid, That all vessels
passing through the said cut, shall pay a toll of twenty shillings, currency,
for every time they shall pass through the same. Provided always, that no
boat or vessel shall pay any toll at the said bridge, unless the same shall
be raised to admit such b-^at or vessel through. And Provided, also, that
the masters or patroons, where they happen to be white men, and the own-
ers, where they are not, of all boats or vessels, drawing six feet water, or
upwards, which shall at any time stop the free passage through the said
communication, shall be liable to pay the sum of five pounds per day to
the owner or owners of every boat or vessel of a lighter draught of water,
which shall thereby be prevented passing through the same ; to be recovered
before any magistrate for Charlestown district, unless it shall be proved, to
the satisfaction of such magistrate, on the trial, that previous to such boat
or vessel entering the mouth of the said cut, the master or patroon did ap-
ply to the keeper of the said draw-bridge, to know the depth of water in
the said cut, at the last high water, immediately preceding, and the same
appeared to be more than the draught of such boat or vessel.
HL And he it further enacted by the authority aforesaid. That a toll
shall be paid according to the following rate, in the current money of this
State, for passing and re-passing over the said bridge, viz : for every per-
son, seven pence half-penny ; for a horse, seven pence half-penny ; for
cattle, per head, seven pence half-penny ; for every coach, chariot, chaise
or cart, two shillings and six pence, (except from all persons with their
carriages and horsos, going to and returning from divine service, elections
for members of Assembly, parish officers, or in times of alarm;) and the
monies arising therefrom shall, after paying the yearly salary of a proper
person to attend the said bridge, and other necessary expenses, be paid by
VOL. Vn.— 66.
522 STATUTES AT LARGE
A, D. 1777. ^(-ig relating to Rivers.
the said commissioners, annually, into the public treasury of this State.
IV. And be it Jurther enacted by the authority aforesaid, That Mor-
ton Wilkinson, Dr. James Carsan, James Laroche, Francis Young, Ben-
jamin Styles, Simon Berwick, and Joseph Slann, be, and they, or a majo-
rity of them, are hereby, appointed commissioners for enlarging, opening
and clearing New Cut, so that at high water, at neap tides, vessels draw-
ing not more than seven feet water may pass through the same.
V. And he. it further enacted by the authority aforesaid. That the said
commissioners for Wappoo, or a majority of them, shall and may, from
time to time, draw upon the commissioners of the treasury for any sum of
money not exceeding ten thousand pounds, current money, for defraying
the expenses of opening and enlarging the same, and for purchasing a piece
of land and building a house thereon, for the person who may be appointed
to take care of the draw-bridge to be made over the said cut, to reside in.
And the said commissioners for New Cut, or a majority of them, shall and
may draw upon the treasury for any sum not exceeding four thousand
pounds, current money ; which sums, respectively, the commissioners of
the treasury shall advance, out of any monies of this State, lying in the
treasury. And in case of the death of either or any of the said commis-
sioners hereby appointed, or his or their departing this State, or refusing to
act, the remainder of the said commissioners, respectively, shall, and are
hereby directed to, choose another commissioner or commissioners in the
room of him or them so dying, refusing to act, or departing the State ; and
the said commissioners, respectively, are hereby directed to carry this law
into execution, without delay.
VI. And he it further enacted by the authority aforesaid, That the
commissioners appointed and to be appointed by and by virtue of this
Act, shall, within six months after they shall have drawn any money out
of the treasury, for the purposes aforesaid, lay full and fair accounts, upon
oath, of the disbursement and expenditure thereof, before the General As-
sembly, if silting, and if not, lodge such accounts in the office of the
treasury of this State.
VII. And he it further enacted by the authority aforesaid. That all former
Acts, and clauses of Acts, of the General Assembly, respecting Wappoo
and New Cut, shall, and they are hereby declared to, be null and void, to
all intents and purposes whatsoever ; any thing therein contained to the
contrary notwithstanding.
In the Council Chamder, the \^th day of February, 1777.
Assented to: J. RUTLEDGE.
HUGH RUTLEDGE, Speaker of the Legislative Council.
JNO. MATHEWS, Speaker of the General Assembly.
OF SOUTH CAROLINA.
Act.o relating to Rivers,
AN ACT FOR CLEARING AND MAKING NAVIGABLE TuLIFINY CrEEK, No. 1068.
FROM THE Bridge known by the name of the Tulifiny Bridge,
TO the Mill-Dam of Barnard Elliott, Esa.
WHEREAS, Barnard Elliott, Esq., hath, by his petition to the General
Assembly, represented that he hath, at a considerable expense, erected a
saw-mill on Tulifiny Creek, at the head of Port-Royal, Broad River, but
that the navigation of the said creek is obstructed by many trees, which
have fallen therein, whereby he is prevented from bringing to market the
lumber which has been sawed at his mill, unless he could be permitted to
clear the said creek, which he is ready and willing to do at his own expense.
And whereas, the opening and keeping clear the navigation of the rivers
and creeks throughout the State, would tend very much to the benefit of
the same.
I. Be it therefore enacted, by his Excellency John Rutledge, Esq., Presi-
dent and Commander-in-Chief in and over the State of South Carolina,
by the Honorable the Legislative Council and General Assembly, and by
the authority of the same, That the said Barnard Elliott, his heirs and as-
signs, shall be, and he is and they are hereby empowered, by him and
themselves, his and their agents, workmen and servants, to clear, keep na-
vigable and have the free use of the said creek, as a public navigable creek,
from Tulifiny Bridge, up to the mill-dam of the said Barnard Elliott.
Provided, nevertheless, that nothing herein contained shall be construed so
as to enable the said Barnard Elliott to widen the navigation of the said
creek, in any part thereof where the same passes through the lands of any
person or persons, by cutting any of the planting land belonging to him
or them.
n. And be it further enacted by the authority aforesaid, That this Act
shall be allowed in all courts whatever, as a public Act, and all judges, jus-
tices and other persons are hereby required to take notice of it as such,
without specially pleading the same.
In the Council Cha7nher , the 5th day oj March, 1778.
Assented to: J. RUTLEDGE.
HUGH RUTLEDGE, Speaker of the Legislative Council.
THOS. BEE, Sj^eakerof the General Assembly.
AN ACT FOR opening the navigation of Lynchers and Clarke's jv^^^ 1069.
Creeks, and appointing Commissioners for superintending the
same.
WHEREAS, several of the inhabitants of the parishes of St. David,
St. Mark, and Prince Frederick, have, by their petition, set forth that the
interest of the State, in general, and of those parishes, in particular, would
be much advanced by the clearing of the creeks known by the names of
Lynche's Creek and Clarke's Creek :
524 • STATUTES AT LARGE
A, D. 1778. Acts relating to Rivers.
I. Be it therefore enacted, by his Excellency John Rutledge, Esq., Presi-
dent and Commander-in-Chief of the State of South Carolma, by the
Honorable the Legislative Council and the General Assembly, and by the
authority of the same, That all male inhabitants, from the age of sixteen
to sixty years, residing within two miles of either side of Lynche's Creek,
from the fork of the said creek, down to Robert Weatherspoon's Ferry,
shall be liable to work on and clear the said creek, and keep open the navi-
gation thereof, and shall not be liable to work on any public road whatever.
And all male inhabitants, from the age of sixteen to sixty years, residing
within one mile of either side of the said creek, and of Clarkels Creek,
from Robert Weatherspoon's Ferry, to the place where the said creek emp-
ties itself into Peedee River, shall be liable, as well to clear and keep open
the navigation of the same, as to work on the high roads leading from
Robert Weatherspoon's Ferry and Francis Britton's Ferry, to Black Min-
go. Provided always, nevertheless, that nothing herein contained shall be
construed so as to oblige any of the last mentioned inhabitant or inhabitants
to work on the said creek for a greater number of days in the year than
shall be employed in working upon the said roads.
IL And be it further enacted by the authoritj- aforesaid. That Thomas
Bradly, Elias Dubose, Daniel Dubose, Clement Brown, Thomas Hardiman,
Samuel Radcliffe, and Isham Hatcher, commissioners for St. David's and
St. Mark's, and Daniel Myers, Simeon Simmons, Richard Rennells, Aus-
tin Stone, John James, Jun., and William Snow, commissioners for Prince
Frederick's Parish, be, and they are hereby, appointed commissioners for
carrying into execution this Act, and shall have the same powers and au-
thority, and be under the same restrictions, in clearing the said creeks and
keeping open the navigation thereof, as any commissioners of high roads
and public paths, in any part of the State, are vested with, or subject to ;
any law, usage or custom to the contrary thereof in any wise notwith-
standing.
HL And be it further enacted by the authority aforesaid. That this Act
shall continue in force for the term of three years, and no longer.
In the Council Chamber, this 5th day of March, 1778.
Assented to: J. RUTLEDGE.
HUGH RUTLEDGE, Speaker of the Legislative Council.
THOS. BEE, Speaker of the General Kssembly.
No. 1104. AN ACT TO oblige all male inhabitants, from sixteen to sixty
YEARS OF AGE, RESIDING ON OR NEAR WaCCAMAW RiVER, TO WORK
ON AND LAY OPEN THE NAVIGATION OF THE SAID RiVER, AND FOR
APPOINTING Commissioners for carrying this Act into execution.
WHEREAS, several inhabitants of the upper districts of Prince George
and All Saints Parishes, residing on Waccamaw River, and parts adjacent
thereto, have, by their petitions to the Legislative Council and General As-
sembly, respectively, set forth that they have long labored under great dan-
gers and disadvantages, both to their persons and effects, by reason of the
OF SOUTH CAROLINA. 525
Acts relating to Rivers. •'^- "• '^'^S-
said river being greatly incommoded and rendered almost impassable, by
the logs and trees which have fallen therein, particularly from the blutf
called Holder's Bluft', to the boundary line of this State ; and, therefore,
prayed that a law may be passed for clearing the navigation of the said
river.
I. Be it therefore enacted, by his Excellency Rawlins Lowndes, Esquire,
President and Commander-in-Chief in and over the State of South Caroli-
na, by the Honorable the Legislative Council and General Assembly of the
said State, and by the authority of the same. That all male inhabitants,
from sixteen to sixty years of age, residing between the sea and the east
side of Waccamaw River, from the boundary line down to Holder's Blutf
and Lewis's Swash, at the north-east end of Long Bay ; and also, all such
male inhabitants, from the age of sixteen to sixty years, residing within
two miles of the west side of said river, from the boundary line to Hol-
der's Bluff, shall be liable to work on and clear the said river, from the
bluff aforesaid, up to the boundary line, and keep open the navigation there-
of; but that they shall not be compellable to work upon the same for a
longer time than twelve days in the year.
H. And he it enacted by the authority aforesaid. That William Verreen,
Alexander Dunn, and Daniel Morral, for the upper district of All Saints
Parish, and Dennis Hankin, John Baxter and Richard Singleton, for the
upper district of Prince George's Parish, be, and are hereby, appointed
commissioners for carrying this Act into execution ; and shall have the
same powers and authority, be under the same restrictions, and liable to the
same penalties, in clearing the said river, and keeping open the navigation
thereof, as any commissioners of high roads and public paths, in any part
of the State, are vested with, or subject to ; any law, usage or custom to
the contrary thereof, in any wise, notwithstanding.
HL And be it enacted by the authority aforesaid. That this Act shall
continue in force for the term of three years, and no longer.
In the Council Chamber, the 9th day of October, 1778.
Assented to: RAWS. LOWNDES.
HUGH RUTLEDGE, Speaker of the Legislative Con i
THOS. BEE, Speaker of the General Assembly.
AN ACT TO APPOINT AND EMPOWER COMMISSIONERS TO LAY OUT, CUT, Ji^q 1139.
SINK, CLEAN, AND KEEP CLEAN AND IN REPAIR, A CuT OR WaTER
Passage, from Ashepoo River to Pon Pon River, and from Ashe-
Poo River to Cheehaw River ; and for other purposes therein
mentioned.
WHEREAS, several of the inhabitants residing near the said rivers,
Cheehaw and Ashepoo, and others interested in the safe navigation there-
from to Charlestown, have, by their petition, set forth, that by the cutting a
creek or water passage from Ashepoo to Pon Pon river, at the upper end of
the Goose Marsh, between the said rivers, and also, from Cheehaw river to
526 STATUTES AT LARGE
A. D. 1779. Acts relating to Rivers.
Ashepoo river, the water passage from the southern part of the State to
Charlestovvn, will be much shorter, and in this time of war, much safer
than by Bennet's point and Musqueto creek.
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 Philip Smith, Esqr. John Godfrey, jr., and
Edmund Bellinger, jr. be, and they are hereby, appointed commissioners
for cutting, sinking, cleaning, and keeping clean and in repair, a naviga-
ble water passage or cut, out of Ashepoo river into Pon Pon river; and
that Thomas Hutchinson, sr. Esqr., Cato Fields, and Colonel William
Skirving, be, and they are hereby, appointed commissioners for cutting,
sinking, and cleaning, and keeping clean and in repair, a navigable water
passage or cut, out of Cheehaw river into Ashepoo river, at such place
through the Marshes between the said rivers, as the said respective commis-
sioners, or a majority of them, shall judge to be most convenient, and as
near as may be, from Ashepoo river to Pon Pon river, and from Cheehaw
river to Ashepoo river, and to such a depth and breadth as they shall think
necessary ; provided, that the same do not exceed thirty feet in breadth
and eight in depth. And all the male persons from the age of sixteen to
sixty years, making use of or residing on any landing on the said Ashepoo
river, or any of the branches thereof, and Cheehaw river, or any branches
thereof, (all the Islands below the said intended cuts excepted,) shall person-
ally work, in cutting, cleansing, and keeping in repair, the said cuts or water
passages, that is to say : — such persons making use of or residing on any
landing on the said Ashepoo river, or any of the branches thereof, shall per-
sonally work in cutting, cleaning, and keeping in repair, the said cut or wa-
ter passage from Ashepoo to Pon Pon river ; and the persons making use of
or residing on any landing on the said Cheehaw river, shall personally work
in cutting, cleaning, and keeping in repair, the said cut or water passage
from Cheehaw river to Ashepoo river ; if the said commissioners, respective-
ly, shall be of opinion, that such personal work will be the most expeditious
method of cutting said water passages, otherwise, the said commissioners,
respectively, or any two of them, respectively, shall have power, and they,
respectively, are hereby fully empowered and authorized, to agree with
any proper person or persons to undertake the sinking, cutting, cleansing,
and repairing of the said water passages, as they, or either of them, the
said commissioners, respectively, shall see meet ; and assess such sum or
sums of money, as they, respectively, shall agree for, on the said male in-
habitants residing as aforesaid.
H. And be it Jurther enacted hy the authority aforesaid, That the said
commissioners, or a majority of them, respectively, are hereby authorized
and empowered to appoint one or more person or persons, within the afore-
said limits, to summon all such male persons as are hereinbefore expressed,
to work on the said cuts or water passages ; and in case such person or per-
sons, after summons, and three days notice given, shall neglect or refuse to
go and send all the male persons so warned by the said person or persons
appointed for that service, every such person so neglecting or refusing,
shall, for himself and all other male persons belonging to him, forfeit the
sum of three pounds currency per day, for each such male person ; to be
levied by virtue of a warrant, under the hands and seals of said commis-
sioners, respectively, or a majority of them, respectively, and to be by
them respectively applied in keeping clean and in repair the said water
passages, respectively; and the said commissioners, respectively, or any
OF SOUTH CAROLINA. 527
Ads relating to Rivers. A I). 1783.
two of them, shall have as full and ample power and authority for compel-
ling the said inhabitants to work on the said cuts or water passages, respec-
tively, as for laying the assessment, to be by them respectively made, to
all intents and purposes whatever, as are given to any commissioners for
high roads, bridges or water passages, by any Act or Acts of the Legisla-
ture of this State.
in. And be it furtJier enacted hy the authority aforesaid. That if any
of the commissioners herein named shall die, depart this State, or refuse to
act, that in all and every such case, the surviving or remaining commis-
sioner or commissioners, respectively, or a majority of them, shall have
full power and authority, to nominate and appoint another commissioner or
commissioners, in the room or stead of him or them so dying, departing
this State or refusing to act ; which commissioner or commissioners so to
be nominated and appointed, after having due notice thereof, from the
person or persons so nominating or appointing him or them, shall have the
same and as full powers and authorities, as any of the commissioners, re-
spectively, hereinbefore named.
Ratified by the General Assembly, in the Senate House,
the Wth day of September , 1779.
CHARLES PINCKNEY, President of the Senate.
THOMAS FARR, Speaker of the House of Representatives.
AN ORDINANCE to oblige the male inhabitants, from sixteen j^q 1169,
TO sixty years of age, residing in the upper districts of All
Saints and Prince George's Parishes, on or near Waccamaw
River, to work on and lay open the navigation of the said
River; and for appointing commissioners for carrying the said
Ordinance into execution.
WHEREAS, many inhabitants of the upper districts of Prince George
and All Saints parishes, residing on Waccamaw river, and parts adjacent
thereto, have long labored under great dangers and disadvantages, both to
their persons and effects, by reason of the said river being greatly incom-
moded and rendered almost impassable, by the logs and trees which have
fallen therein, particularly from the bluff called Holders's Bluff, to the boun-
dary line of this State.
I. Be it therefore ordained by the Honorable the Senate and House of
Representatives of the said State, now met and sitting in General Assembly,
and by the authority of the same. That all male inhabitants, from sixteen
to sixty years of age, residing between the sea and the east side of Wac-
camaw river, from the boundary line to Holders's Bluff, and from thence,
in a direct line across to Lewis''s Swash, at the north east end of Long
Bay ; and also, all such male inhabitants, from the age of sixteen to sixty
years, residing between the said river and Pleasant Meadow road, from the
boundary line to Kingston, including Graham's and Johnston's settlement;
and from Kingston , such male inhabitants, from the age of sixteen to sixty
528 STATUTES AT LARGE
A. I), 1783. Acts relating to Rivers.
ye -rs, residing within ten miles of the west side of said river, to Holders's
Bluff, shall be liable to work on and clear the said river, from the BlutT
aforesaid, up to the bcundary line, and keep open the navigation thereof;
but, that they shall not be compellable to work upon the same for a longer
time than twelve days in the year.
11. And be it further ordained by the authority aforesaid, That Daniel
Murrell and Benjamin Gnuze, for the upper district of K.\\ Saint's parish,
and John Warden, Ab^aiiam Bellamy, and Robert Reynolds, for the upper
district of Prince George's parish, be, and they are hereby, appointed
commissioners for carrying this ordinance into execution ; and shall have
the same powers and authority, be under the same restrictions, and liable
to the same penalties, in clearing the said river, and keeping open the
navigation thereof, as any commissioners of high roads and public paths in
any part of this State, are vested with or subject to; any law, usage or
cutom to the contrary thereof in any wise notwithstanding.
In the Senate House, the twelfth day of March, in the year of our Lord one thousand
.seven hundred and eighty-three, and in the seventh year of the Independence of
the United Slates of America.
JOHN LLOYD, President of the Senate.
HUGH RUTLEDGE, Speaker of the House of Representateves.
No. 1182. AN ORDINANCE to empower commissioners therein named, to
CUT AND SINK DrAINS AND WaTER PaSSAGES IN THE SwAMP AND SA-
VANNAHS FORMED BY THE NoRTH EaST BrANCH OF StONO RiVER.
WHEREAS, many valuable tracts of land lying on the Swamp and Sa-
vannahs formed by the north east branch of Stono river, cannot be sea-
sonably cultivated for want of sufficient drains therein, to the great detri-
ment of the proprietors of the said land.
L Be it therefore ordained by the Honorable the Senate and House of
Representatives, in General Assembly met, and by the authority of the
same, That Arthur Middleton, Isaac McPherson, Henry Nichols, Robert
Miles, John Miles, Robert Ladson, Edward Perry, John Godfrey, and
George Haig, be, and they are hereby, constituted and appointed commis-
sioners for, and they, or a majority of them, are hereby authorized and
empowered, to lay out, cut, sink, and maintain, and keep in repair, and to
agree for the laying out, sinking, maintaining, and keeping in repair, a
free drain or passage, to carry the waters off the said swamp and savan-
nahs, from the most convenient place on the said north east branch of
Stono river, to be continued through the said swamp to Horse Savannah,
there to divide into two drains, one to be continued through Horse Savan-
nah, and the other through Jack's Savannah, as far as will be necessary
for carrying the intention of this Ordinance into execution ; and the said
commissioners, or a majority of them, shall have power, and they are
hereby authorized, to lay out and make the said drains or passages, in the
said swamp and savannahs, at such time, and in such manner, as they
shall think most convenient for the purposes intended by this Ordinance.
OF SOUTH CAROLINA. 529
Acts relating to Rivers. A. D. 1 783.
II. And be it further ordained by the authority aforesaid, That the
drains or passages in the said swamp, shall be laid out, made, and kept in
repair, at the expense of the owners and proprietors of the lands which
shall be benefited by the said drains and passages, and by the labor of the
slaves employed on any such lands.
III. And. be it further ordained by the authority aforesaid, That the
said commissioners, or a majority of them, shall have power and authority,
and they are hereby fully empowered and authorized, to employ overseers
to inspect the making of the said drains or passages, and keeping the same
in repair, and to do all such matters as they, the said commissioners, shall
be of opinion will best tend to carrying this Ordinance into execution.
IV. And that the said drains and passages may be speedily finished. Be
it further ordained hy the authority aforesaid. That all the male slaves,
from the age of sixteen to sixty years, residing or employed on any lands
within the limits aforesaid, shall be, and they are hereby, obliged and re-
quired to work on the said drains or passages, at such time or times as the
said commissioners, or a majority of them, shall appoint for that purpose.
And in case the owner or owners of any such slaves, shall neglect or re-
fuse to send the same to work on the said drains or passages, at any time
when required so to do by the said commissioners, or a majority of them,
every such owner and owners shall forfeit and pay for every neglect or
refusal, a sum not exceeding three shillings sterling, per day, for every such
slave that he, she or they, shall so neglect or refuse to send ; to be recover-
ed by warrant, under the hands and seals of the said commissioners, or a
majority of them, and to be applied toward defraying the expense of
making the said drains or passages, and keeping the same in repair.
V. And, he it ordained by the authority aforesaid, That the owners of
any lands that are on the said swamp and savannahs within the bounds
aforesaid, who have no settlement on such lands, either with servants or
slaves, and whose lands may be benefited by such drains or water passages,
shall pay into the hands of the said commissioners, or their successors, or
either of them, all such sum or sums of money which they may be taxed
or assessed by the said commissioners, or a majority of them, for cutting,
sinking, clearing, and making the said drains or water passages; and in
case the owners of such lands, or any of them, shall neglect or refuse to
pay the sums from them respectively due, or in case the said owners of such
lands, or any of them, shall neglect or refuse to pay the said commission-
ers, or their survivors, yearly and every year, the sum of three pounds
sterling, for every computed hundred acres of swamp or savannah land, and
so in proportion for a greater or lesser quantity, after the said drains or
passages shall be fully completed and finished, towards cleaning and keep-
ing in repair the said drains or water passages, it shall and may be lawful
for the said commissioners, their successors, or a majority of them, to levy
all such sum or suras so due, by warrant, under their hands and seals as
aforesaid ; but in case it shall happen that the defaulter or defaulters shall
have no goods on which distress can be made, then it shall and may
be lawful for the said commissioners, their successors, or the majority of
them, to cause to be felled and cut down upon the defaulter's lands, or any
part thereof, and to make sale of so much timber or timber trees, as will
be sufficient to raise the sum or sums hereby taxed or assessed, and made
due and payable for such defaulter''s lands ; the said timber being first view-
ed, appraised and valued by, and certified under the hands and seals of, any
three freeholders of the parish in which the said lands are situated, to be
VOL. VII.— 67.
530 STATUTES AT LARGE
A . 1). 1783. Acts relating to Rivers.
appointed by the said commissioners, their successors, or the majority of
them, for that purpose ; and in case there should be no timber trees grow-
ing on the said lands, then the said commissioners, or a majority of them,
are authorized to lease the aforesaid lands, to such person or persons as
may be willing to hire the same, for any term not exceeding four years ;
which leases are hereby declared to be valid, and of as full force and effect,
as if they had been made and executed by the proprietors of the said lands,
respectively.
VI. And he it ordained by the authority aforesaid, That if any person
or persons whatsoever, by themselves, their servants or slaves, shall, by
any ways or means, hinder or oppose the said commissioners, their succes-
sors, or such person or persons as they shall contract, agree with or appoint,
their servants or workmen, from cutting, sinking, clearing, and making
the said drains and water passages, or from cutting down, felling, or
making use of any timber, wood, earth or stones, in or near the said
drains or water passages, or from mending or repairing the same as afore-
said, shall, for every such offence, forfeit the sum of one hundred pounds
sterling; to be recovered by the said commissioners, their successors, or
the majority of them, by action of debt, bill, plaint or information, in any
court of Record in this State ; and the monies so recovered, to be disposed
of for cutting, sinking, clearing, making, and keeping in repair, the said
drains or water passages.
VII. And he it ordained by the authority aforesaid. That if any of the
said commissioners shall die, or depart this State, or shall refuse or neglect
to act, it shall and may be lawful for the remainder of the commissioners,
or the majority of them, to elect one or more commissioners, in their
room, or in default of such election, for the Governor or Commander-in-
chief for the time being to appoint, and the person or persons so elected or
appointed, shall be invested with, and he or they shall and may lawfully
use, exercise and enjoy, the same powers and authorities, in as full and
ample manner, to all intents and purposes whatsoever, as the commission-
ers hereby appointed , can , or lawfully may, or ought to do.
VIII. And he it furtlicr ordained by the authority aforesaid. That if
any person or persons whatsoever, shall be sued, prosecuted or molested, for
any matter or thing done by virtue of this Act, such person or persons may
plead the general issue, and give this Act and the special matter in evi-
dence ; and in case the plaintiff or plaintiffs shall suffer a discontinuance,
or verdict or judgment shall pass against him or them, the defendant or de-
fendants shall be allowed his and their treble costs of suit.
In the Senate House, the sixteenth day of March, in the year of oiir Lord one thousand
seven hundred and eighty-three, and in the seventh year of the Independence of the
United States of America.
JOHN LLOYD, President of the Senate.
HUGH RUTLEDGE, Speaker of the House of Representatives.
OF SOUTH CAROLINA. 531
Acts relating to Rivers.
A. D. 1784.
AN ACT TO PREVENT THE DAMING UP BrOAD, SaLUDA, PaCOLATE, No. 1226.
Tyger, and Enoree Rivers, and Stevens's Creek, or otherwise
OBSTRUCTING THE FlSII FROM PASSING UP THE SAID RiVERS ; AND TO
OBLIGE SUCH PERSONS WHO HAVE ALREADY DAMED OR OTHERWISE
OBSTRUCTED THE PASSAGE OF FiSH IN SAID RiVERS, TO OPEN THE
SAID DAMS OR OBSTRUCTIONS, SO AS FiSH MAY PASS.
WHEREAS, the obstructing of Broad, Saluda, Pacolate, Tyger, and
Enoree rivers, and Stevens's creek, is attended with great detriment and
injury to the inhabitants residing on or near tlie said rivers and creek, in
aS much as the fish therein are prevented from going to the source of the
same.
I. Be it therefore enacted by the Honorable the Senate and House of
Representatives of the State of South Carolina, in General Assembly met,
and by the authority of the same, That from and after the passing of this
Act, any person or persons obstructing any of the said rivers or creek, by
dams or otherwise, so as to prevent the fish of the said rivers from freely
passing up the same, shall, on conviction thereof, before two justices of the
district where the oftence shall or may be committed, be subject and liable
to pay the sum of twenty shillings, for every day they shall keep up such
dam or other obstruction, the one half thereof to the informers, and the
other half to the use of the public of the State.
n. And be it further enacted by the authority aforesaid, That within
six months from and after the passing of this Act, the owner or owners of
all dams or other obstructions on any of the said rivers, shall be obliged to
build sluices, or make openings in their respective dams or obstructions, so
as that the fish may at all times freely pass and repass up or down the
said rivers; in default whereof, the said persons so offending, shall, on
conviction thereof as aforesaid, forfeit and pay the sum of forty shillings
for every day such obstruction shall continue ; the said fine to be applied in
the way and manner hereinbefore directed.
HI. And he it further enact edhy the authority aforesaid. That if any
person or persons shall be sued for carrying this law into execution, he or
they may plead the general issue, and give this Act in evidence.
In the Senate House, the twenty-sixth day of March, in the year of our Lord one thou-
sand seven hundred and eighty-four, and in the eighth year of tlie Independence of
the United States of America.
JOHN LLOYD, President of the 8enate.
HUGH RUTLEDGE, Speaker of the House of Representatives.
AN ORDINANCE to appoint Commissioners for clearing Wall's No. 1243.
Cut, Edisto, Wateree, Great and Little Peedee Rivers.
WHEREAS, clearing the cut and rivers hereinafter mentioned, will be
of great and general benefit.
I. Be it therefore ordained by the Honorable the Senate and House of
Representatives, met in General Assembly, and by the authority of the
532 STATUTES AT LARGE
A. D. 1784 Acts relating to Rivers.
same, That John Joyner, Thomas Talberd, John Talberd, John Screven,
and Jacob Guerard, shall be, and they are hereby, appointed commissioners
for clearing the cut commonly called Wall's cut ; John Rutledge, Peter
Youngblood, Henry Felder, Thomas Ferguson, and WilUam Hill, for clear-
ing Edisto river and the north fork thereof, as high up as it shall appear
to the said commissioners practicable to make the said fork navigable —
Joseph Kershaw, John Chesnut, William Lang, Samuel Boy kin, and
Daniel Huger, for clearing Wateree river, as high up as Camden ; and
Benjamin Hix, sr., George Hicks, and Thomas Powe, Wm. Kershaw, and
William Pegues, for cleaning Great Peedee river, as high up as the North
Carolina line ; and Jonathan Brown, Henry Davis, David Davis, and Jas.
Smith, for clearing Little Peedee, from the fork of Drowning Creek, down
to the mouth of the said river. And that the said John Joyner, Thomas
Talberd, John Talberd, John Screven, and Jacob Guerard, or a majority
of them, shall have full power and authority to contract and agree with
any persons for making Wall's cut wider and deeper, and for having the
sides of the said cut secured by piles or stakes, in such manner as the said
commissioners shall judge most proper and effectual for enabling large
boats to pass through the same; that the said Joseph Kershaw, John Ches-
nut, William Lang, Samuel Boykin, and Daniel Huger, or a majority of
them, shall have power and authority to contract and agree with any per-
sons to remove all obstructions in Wateree river, so as to make it naviga-
ble as high up the said river in Camden ; and that the said Benjamin
Hicks, sr., George Hicks, Thomas Powe, WilHam Kershaw, and William
Pegues, or a majority of them, shall be, and they are hereby, empowered
to contract and agree with any persons, to remove all obstructions in Great
Peedee river, as high up as the North Carolina line ; to effect which purpo-
ses, each set of commissioners may draw orders on the treasury, for any
sums of money not exceeding three hundred pounds sterling, which orders,
the commissioners of the treasury shall pay out of any unappropriated
money in the treasury ; and the said Jonathan Brown, Henry Davis, David
Davis, and James Smith, or a majority of them, shall have power and
authority to contract and agree with any persons, to remove all obstruc-
tions in Little Peedee river, from the fork of Drowning creek, down to the
mouth of Little Peedee river; to effect which purpose, they may draw
orders on the commissioners of the treasury, for any sum of money not
exceeding one hundred pounds sterhng, which orders shall be paid out of
any unappropriated money in the treasury.
IL And be it further ordained hy the authority aforesaid. That John
Rutledge, Peter Youngblood, Henry Felder, Thomas Ferguson, and Wil-
liam Hill, shall be, and they are hereby, appointed commissioners for clear-
ing Edisto river, and the north fork thereof, as high up the said fork as
it shall appear to the said commissioners, or a majority of them, practica-
ble to extend the navigation of the said fork ; provided, that the navigation
shall be extended to within fifteen or twenty miles of the ridge ; and that
the said commissioners, or a majority of them, shall have power and autho-
rity to contract and agree with any person or persons so to do, and upon
such persons completing the said work to the satisfaction of the said com-
missioners, or a majority of them, they shall give to the persons completing
the same, a certificate that they have done so; and the said persons, their
executors, administrators or assigns, shall be thereupon entitled to receive
and take by way of toll, at the rate of eight shillings for every Hogshead
of rum, six pence for every bushel of salt, one penny on every hundred
OF SOUTH CAROLINA. 533
Acts relating to Rivers. A. D. 1784.
pounds weight of all other goods, carried in any boat or vessel, to the place
on the north fork of Edisto river, to which the navigation thereof shall be
so extended ; and eight shillings for every Hogshead of Tobacco, one shil-
lino- on every barrel of flour, three pence on every bushel of corn or other
grain, and one shilling on every hundred pounds weight of any other goods
brought in any boat or vessel, from the said north fork of Edisto ; but that
rafts of all kinds shall pass free of toll for twelve years next after the
passing of this Ordinance ; which tolls, the gatherers thereof shall be enti-
tled to receive before the passage of boats, from and to the places above
mentioned, respectively.
HI. And be it further ordained by the authority aforesaid, That the
persons who may be entitled to such toll, shall, during the said term, keep
the said river and the north branch thereof, as high up the same as above
mentioned, free and clear from all obstructions and impediments to their
navigation; and in default of so doing, shall thenceforward lose all benefit
of this Ordinance.
IV. And in order to encourage persons to undertake the clearing the said
river, and the north fork thereof as aforesaid, Be it also ordained by the
authority aforesaid, That the south fork of the said river shall not be
opened or made navigable within the said term of twelve years.
In the Senate House, the twenty-sixth day of March, in the year of our Lord one thousand
seven hundred and eighty-four, and in the eighth year of the Independence of the
United States of America.
JOHN LLOYD, President of the Senate.
HUGH RUTLEDGE, Speaker of the House of Representatives.
AN ORDINANCE to empower Commissioners therein named to cut No. 1244.
AND sink Drains and Water-passages in Cacaw Swamp, St. Paul's
Parish.
WHEREAS, the several laws heretofore passed for sinking drains and
water-passages in the said swamp, have not proved effectual for the purpose
therein intended :
I. Be it therefore ordained, by the Honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au-
thority of the same. That Melcher Garner, John Sommers, Robert Miles,
George Haig, and Andrew Johnston, be, and they are hereby, appointed
commissioners for, and they, or a majority of them, are hereby authorized
and impowered, to lay out, cut, sink, maintain and keep in repair, and to
agree for the laying out, sinking and maintaining and keeping in repair,
one or more free drains or passages on each side of the said swamp, near
the high land, and also one other through or near the middle of the swamp,
on each branch of the same, to carry off the waters from Hide-Park Cau-
sey, on one branch, and Mr. Ferguson's Causey on the other branch, and
to be continued to the north-east part of the land belonging to the estate of
James Stanyarne, deceased, and the most convenient place or places on the
opposite side; and the said commissioners, or a majority of them, shall
534 STATUTES AT LARGE
A. D. 1784. Acts relating to Rivers.
have power, and they are hereby authorized to, lay out and make the said
drains and water-passages in the said swamp, at such time and in such
manner as they shall think most convenient for the purposes intended by
this Ordinance.
II. And he it farther ordained by the authority aforesaid, That the said
drains shall be laid out, made and kept in repair at the proportionable ex-
pense of the owners and proprietors of the lands within the bounds afore-
said, which shall be benefitted by the said drains or passages, and by the
labor of the slaves employed on any such lands.
III. And, he it further ordained by the authority aforesaid, That the
said commissioners, or a majority of them, shall have power and authority,
and they are hereby fully empowered and authorized, to employ overseers
to inspect the making the said drains or water-passages, and keeping the
same in repair, and to do all such matters as they, the said commissioners,
shall be of opinion will best tend to carry this Ordinance into execution.
The said commissioners, or a majority, shall choose three freeholders of the
parish of St. Paul, to fix and ascertain the value of all the lands on the said
.swamp, within the limits aforesaid, which shall be benefitted by the said
drains or water-passages: and from the valuation made, as aforesaid, by
the said freeholders, on oath, and delivered to the said commissioners, un-
der their hands and seals, the said commissioners, or a majority of them,
shall make an assessment on the several owners of the said lands, according
to the valuation aforesaid, towards making and keeping in repair the said
drains or water-passages.
IV. And he it further ordained by the authority aforesaid, That the own-
ers of all lands on the said swamp, within the bounds aforesaid, whose lands
maybe benefitted by such drains or water-passages, shall pay into the hands
of the said commissioners, or their successors, or either of them, all such
sum or sums of money as they may be taxed or assessed by the said com-
missioners, or a majority of them, for the valuation so to be made by the
said freeholders. And it shall and may be lawful for the said commission-
ers and their successors, or the majority of them, to levy all such sum or
sums so due, by warrant under their hands and seals, as aforesaid. But in
case it shall so happen that the defaulter or defaulters shall have no goods on
which distress can be made, then it shall and may be lawful for the said com-
missioners, their successors, or the majority of them, to lease the aforesaid
lands, or any part thereof, to such person or persons as may be willing to hire
the same, for any term not exceeding four years ; which leases are hereby
declared to be valid, and of as full force and effect as if they had been made
and executed by the proprietors of the said lands, respectively ; any former
or other lease to any other person notwithstanding.
V. And be it ordainedhy the authority aforesaid. That if any person or
persons whatsoever, by themselves, their servants or slaves, shall, by any
ways or means, hinder or oppose the said commissioners, their successors,
or such person or persons as they shall contract, agree with or appoint, their
servants or workmen, from cutting, sinking, clearing and making the said
drains or water-passages, or for cutting down, felling or making use of any
timber, wood, earth or stones, in or near the said drains or water-passages,
or from mending or repairing the same, as aforesaid, or shall stop either of
the said drains, or prevent the free passage of water through the same,
from the fifteenth day of September until the fifteenth day of July, in each
or any year, shall, for every such offence, forfeit the sum of one hundred
pounds sterling, to be recovered by action of debt, in any court of record in
OF SOUTH CAROLINA. 535
Acts relating to Rivers. ^•^' ^^'^■
this State ; and the monies so recovered to be disposed of for cutting, sink-
ing, clearing, making and keeping in repair the said drains or water-pas-
sages.
VI. And be it ordained by the authority aforesaid, That if any of the
said commissioners shall die or depart this State, or shall refuse or neglect
to act, it shall and may be lawful for the remainder of the commissioners,
or the majority of them, to elect one or more commissioner or commission-
ers in their room, or in default of such election, for the Governor or Com-
mander-in-Chief for the time being, to appoint ; and the person or persons
so elected or appointed, shall be invested with, and he or they shall and may
lawfully use, exercise and enjoy, the same powers and authorities, in as full
and ample manner, to all intents and purposes whatsoever, as the commis-
sioners hereby appointed can, or lawfully may, or ought to do.
VII. And be it further ordained by the authority aforesaid, That if any
person or persons whatsoever, shall be sued, prosecuted or molested, for any
matter or thing done by virtue of this Ordinance, such person or persons
may plead the general issue, and give this Ordinance and the special matter
in evidence. And in case the plaintiff or plaintiffs shall suffer a disconiinu-
ance, or verdict or judgment shall pass against him or them, the defendant
or defendants shall be allowed his and their double costs of suit.
In the Senate House, the twenty -sixth day of March, in the year of our Lord one thou-
sand seven hundred and eighty-four, and in the eighth year of the Independence of
the United States of America.
JOHN LLOYD, President of the Senate.
HUGH RUTLEDGE, Sj>eaker of the House of Representatives.
AN ORDINANCE to oblige the male inhabitants from sixteen No. 1249.
TO sixty years of age, residing within four miles of Black
River, in Georgetown district, to work on and lay open the
navigation of the said River, and for appointing Commission-
ers for carrying the same into execution.
WHEREAS, many of the inhabitants residing in the neighborhood of
Black River, in the district of Georgetown, have labored under many and
great inconveniencies, by reason of the said river being very much obstruc-
ted and rendered almost impassable, by the many logs and trees which have
fallen therein, in different places, especially as it approaches near the line
of the said district.
I. Be it therefore ordained, by the Honorable the Senate and House of
Representatives of the said State, now met and sitting in General As-
sembly, and by the authority of the same. That all male inhabitants from
the age of sixteen to sixty, residing within four miles of the said river,,
from the ferry near the parish church of Prince Frederick, called North's
Ferry, upwards to the boundary line of Georgetown district, shall be liable
to work on and clear the said river from obstructions, and to open the navi-
gation, and to keep it so, from Georgetown up to the said district line : but
536 STATUTES AT LARGE
A. D. 1785. Acts relating to Rivers.
shall not be compellable to work on the same for a longer time than six
days in every year.
II.. And be it further ordained by the authority aforesaid, That Robert
Frierson, John Matthis, James Witherspoon, jun., WiUiam M'Collough,
and John Witherspoon, sen., be, and they are hereby, appointed commission,
ers for carrying this Act into execution, and shall have the same powers
and authority, be under the same restrictions and liable to the same penal-
ties, in clearing the said rivers and keeping open the navigation of the
same, as any commissioners of high roads and public paths, in any part of
the State, are vested with, or subject to; any law, usage or custom to the
contrary thereof, in any wise, notwithstanding.
Ill the Senate House, the twenty-sixth day of March, in the year of our Lord one
thousand seven hundred and eighty-four, and in the eighth year ef the Indepen-
dence of the United Stales of America.
JOHN LLOYD, President of the Senate.
HUGH RUTLEDGE, Speaker of the House of Representatives.
No. 1273. AN ORDINANCE to amend an Ordinance entitled "An Ordi-
nance TO EMPOWER Commissioners therein named to cut and sink
Drains and Water-passages in the Swamp and Savannahs formed
BY the north-east BRANCH OF StONO RiVER," PASSED THE SIXTEENTH
DAY OF March, one thousand seven hundred and eighty-three ;
ALSO to amend an ORDINANCE ENTITLED " An ORDINANCE TO EM-
POWER Commissioners therein named to cut and sink Drains
AND Water-passages in Cacaw Swamp, St. Paul's Parish," passed
the twenty-sixth day of March, one thousand seven hundred
and eighty-four.
I. Be xt ordained., by the Honorable the Senate and House of Represen-
tatives, in General Assembly met, and by the authority of the same, That
John Mathews, Richard Wainwright, Thomas Odingsall Elliott, and Charles
Drayton, Esq'rs. , be, and they are hereby, appointed commissioners for,
and they, or a majority of them, are hereby authorized and empowered to
lay out, cut, sink, maintain and keep in repair, or to agree for the laying
out, sinking, maintaining and keeping in repair, a free drain or passage to
carry off the waters from Long Savannah, Wampee Savannah, and Jack
Savannah, at such time and in such manner as the said commissioners, or a
majority of them, shall think most convenient and advantageous to the
persons interested therein.
II. And he it further ordained by the authority aforesaid, That the com-
missioners hereby appointed, or a majority of them, are hereby fully autho-
rized and empowered to cut and sink a drain or water-passage for the pur-
poses and in the manner aforesaid, from the plantation of Ralph Izard, sen. ,
Esq., on Jack Savannah, through the plantation of Richard Wainwright,
the estates of John Cattell and William Wragg, called Wampee Savannah,
OF SOUTH CAROLINA. 537
Acts relating to Rivers. ^' ^* ^^^^'
the plantations of John Mathews, the estate of Benjamin Cattell, Thomas
Odingsall Elhott, and Charles Drayton, on Long Savannah, into such part
of the north-east branch of Stono River as to them shall seem most expe-
dient and necessary.
in. And be it further ordained by the authority aforesaid, That the
commissioners hereby appointed, or a majority of them, shall be, and they
are hereby, invested with all the privileges, powers and authorities, and
shall proceed in the same manner, as the commissioners appointed by the
Ordinance before mentioned, for sinking drains through Horse Savannah,
and Jack Savannah, are, respectively, invested with.
IV. Be it further ordained by the authority aforesaid , That the com-
missioners appointed by an Ordinance passed the twenty-sixth day of March,
one thousand seven hundred and eighty-four, entitled "An Ordinance to
empower commissioners therein named to cut and sink drains and water-
passages in Cacaw Swamp, St. Paul's Parish," or a majority of them, shall
have power, and they are hereby authorized and required, in order to carry
the said Ordinance fully into effect, to call forth and employ all the male
slaves, from the age of sixteen to sixty years, residing or employed on any
lands within the limits mentioned in the said Ordinance, to work on the
said drains or passages, who are hereby obliged and required to work there-
on. And in case the owner or owners of any such slaves shall neglect or
refuse to send the same to work on the said drains or passages, at
any time when required so to do by the said commissioners, or a majority
of them, every such owner or owners shall forfeit and pay, for every neglect
or refusal, a sum not exceeding three shillings sterling per day, for every
such slave that he, she or they shall so neglect or refuse to send, to be re-
covered by warrant under the hands and seals of the said commissioners, or
a majority of them, and to be applied towards defraying the expense of ma-
king the said drains or passages, and keeping the same in repair.
In the Senate House, the seventeenth day of March, in the year of our Lord one thou-
sand seven hundred and eighty-five, and in the ninth year of the Independence
of the United States of America.
JOHN LLOYD, President of the Senate.
JOHN FAUCHEREAUD GRIMKE,
Speaker of the House of Representatives.
VOL. VII.— 68.
STATUTES AT LARGE
Acts relating to Rivers.
No. 1288. AN ORDINANCE for clearing Edisto, Wateree, Great and Lit-
tle Peedee Rivers y Broad and Saltcatcher Rivers.
WHEREAS, the clearing and making navigable the rivers hereinafter
mentioned, will be of great and general benefit :
L Be it tlierefore (rrdained, 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 Thomas Ferguson, John Rutledge, Peter
Youngblood, James Fair, Daniel Greene, Thomas Young, and Henry Fel-
der, Esq''rs., shall be, and they are hereby appointed, commissioners for
clearing and making navigable Edisto River, and the south and north forks
thereof, from Boone's Landing to Chavis's Bluff, on the south fork, and to
Black Creek, on the north fork thereof, or as near to the said places, res-
pectively, as it shall appear to the said commissioners, or a majority of
them, practicable and convenient to extend the navigation thereof. And
that the said commissioners, or a majority of them, shall have power and
authority to contract and agree with any person or persons for clearing
and making navigable the said river, and the forks thereof, as aforesaid ; to
receive subscriptions for carrying this business into effect, and to assess
^ what further sum may be necessary for completing the same, on all lands,
in proportion to their value, as assessed for the payment of the general tax,
and which are situated within four miles of the river, from Boone's land-
ing and Ford's Ferry, on the north side, and between Boone's Landing
and Parker's Ferry, on the south side, and on all lands within six miles of
the said river, or of either of the said forks, and on all male inhabitants
from sixteen to fifty years of age, living within four miles of the river,
from Boone's Landing and Ford's Ferry, on the north side, and between
Boone's Landing and Parker's Ferry, on the south side, and on all such
inhabitants from thence upwards, living within six miles of the said river,
or of either of the said forks.
n. And be it further ordained by the authority aforesaid. That persons
who have erected or shall erect mill dams across the said river, or either of
the said forks thereof, shall make a lock or passage-way, of not less than
twenty-four feet wide, and sixty feet long in the clear, so as to admit boats
and rafts to pass safely and commodiously through the same, and keep
open one of the mill-gates from every Saturday to every Sunday evening,
from the middle of February until the first day of May.
HL And be it further ordained by the authority aforesaid. That the
commissioners, or a majority of them, shall cause a ware-house, for the
inspection of tobacco, to be erected at or near the place on each of the said
forks to which the navigation shall be so extended, and also a wagon road
to be laid out and made from each of the said places on the said forks, to
the nearest high road in the upper part of this State, at the expense and
labor of the inhabitants residing within six miles on each side of the roads
so to be made.
IV. And be it further ordained by the authority aforesaid, That Benja-
min Hicks, sen., George Hicks, Thomas Powe, William Pegues, Captain
William M'Cotery, James Greir, Francis Greaves, Col. John Irvin, and
Col. Hugh Giles, Henry Davis, sen., and Archibald Odam, shall be, and
they are hereby appointed, commissioners to contract and agree with any
person or persons for clearing and making navigable Great Peedee river,
from Euhany to the North Carolina line, and to assess what further sum
OF SOUTH CAROLINA. 539
Ads relating to Rivers. -* ^^' '^^5-
may be requisite to defray the expense of clearing and making navigable
the said river, on all lands, in proportion to their value, as assessed for the
payment of the general tax, and which are situated within six miles of the
said river, from Euhany to the Warhee Bluff, and within ten miles of the
said river, from the said bluff upwards, and on all male inhabitants from
sixteen to fifty years of age, living within six miles of the said river, from
Euhany to the Warhee Bluff, and within ten miles of the said river,
from the said bluff, upwards.
V. And be it furtJier ordained by the authority aforesaid, That the
commissioners last above named, shall also be, and they are hereby appoin-
ted, commissioners to contract and agree with any person or persons
for clearing Little Peedee River, from the mouth of it to Drowning Creek,
and for clearing Drowning Creek, up to the North CaroUna line, and as-
sess the lands in proportion to their value, as assessed for the payment of
the general tax, and which are situated within ten miles of the said river
or creek, and the male inhabitants from sixteen to fifty years of age, Hv-
ing within ten miles of the said river or creek, for the expense of clearing
the same ; but that persons assessed for clearing Great Peedee, shall be ex-
empted from assessment for clearing Little Peedee or Drowning Creek.
VL And be it further ordained by the authority aforesaid, That such
parts of the Ordinance entitled "An Ordinance to appoint commissioners
for clearing Walls Cut, Edisto, Wateree, Great and Little Peedee Rivers,"
as relate to Edisto River, and the forks thereof, or to Great or Little Pee-
dee Rivers, shall be, and the same are hereby, repealed.
Vn. And be it jurtlier ordained by the authority aforesaid, That after
the said rivers and creeks shall have been cleared and made navigable, the
said commissioners, or a majority of them, shall and may, from time to
time, assess the inhabitants who are hereby made liable to the first assess-
ment for clearing and making navigable the same, for the expense of keep-
ing the said rivers and creeks always clear and navigable.
VIIL And be it further ordained by the authority aforesaid, That the com-
missioners hereby appointed, shall be, respectively, vested with the same
powers for levying the assessments to be made by virtue of this Ordinance,
as are vested in the commissioners of high roads, or justices of the county
courts, for recovering fines or penalties from defaulters, for not working on
such roads.
IX. And be it further ordained by the authority aforesaid. That in case
any of the commissioners hereby appointed shall die, refuse to act, or de-
part this State, the remaining commissioners, respectively, shall, from time
to time, choose a commissioner or commissioners in the room of him or
them so dying, refusing to act, or departing this State.
X. And be it Jurtlier ordained by the authority aforesaid, That John
Lightwood, John Macteer, sen., William Ferguson, James Hamilton, Thos.
Hamilton, and Daniel Desaussure, shall be, and they are hereby appointed,
commissioners for clearing and making navigable Saltcatcher River, from
the upper public landing, on the east side of said river, as high up as the
aforesaid commissioners, or a majority of them, shall think proper. And
the said commissioners are hereby authorized and empowered to receive
subscriptions for carrying this business into effect ; and the said commis-
sioners, or a majority of them, are hereby further empowered to cause to
be summoned all the male inhabitants from sixteen to fifty years of age,
residing within five miles on both sides of the river, and westward from the
public road leading across the ferry commonly called Saltcatcher Ferry, and
STATUTES AT LARGE
Acts relating to Rivers.
thence upwards as high as the fork of Great and Little Saltcatcher ; which
persons shall have ten days previous notice. And the persons above de-
scribed shall be obliged to work on the said river ten days in every year,
and no longer ; and in case of default, the said commissioners, or a majori-
ty of them, shall cause to be levied a fine, not exceeding two shillings and
four pence per day, on all such male inhabitants neglecting to work, as afore-
said, which fines shall be recovered in like manner that fines are recovered
by the commissioners of the public roads ; and all subscriptions and fines
recovered by virtue of this Act, shall be appropriated towards clearing the
said river.
XL And be it further ordained by the authority aforesaid. That in case
of the death, removal, or refusal to act, of any of the aforementioned com-
missioners, the others shall choose another or others to act in the stead of
such commissioner removing, dying or refusing to act. And the said com-
missioners, or their successors, or a majority of them, shall, at all times af-
ter the said river is cleared, continue to keep the same navigable, at the
expense of the inhabitants residing as aforesaid.
XIL And be it further ordained by the authority aforesaid. That the
following persons, that is to say : Thomas Taylor and Daniel Tateman, from
the conriuence of Congaree and Wateree Rivers to George Ancrums, on
the Congaree River ; Richard Hampton and Minor Winn, from Ancrum's
to Hancock's Ferry, on Broad River ; Adam Sommers and Zachariah Kirk-
land, from Hancock's Ferry to Boatner's Mill ; Anderson Thomas, Arema-
nus Liles, Reuben Sims, and Benjamin Johnston, from Boatner's Mill to
the Fish-dam Ford ; and David Hopkins and Charles Sims, from the Fish-
dam to Love's Ford ; and Edward Tilman and Thomas Wood, from Love's
Ford to Smith's Ford, shall b&, and they are hereby appointed, commission-
ers to contract and agree with proper persons for clearing and making navi-
gable Broad River, from Friday's Ferry, as far upwards as it shall appear to
them practicable to extend the navigation of the said river ; and to assess
what sum may be necessary for that purpose, on all male inhabitants from
sixteen to fifty years of age, within ten miles on each side of the said
river.
Xni. Be it ordained by the authority aforesaid, That William Bull, Gen.
Henderson, Anthony Simons, Isaac Harleston, Lewis Miles, Samuel War-
ren, and Edward Harleston, or any three of them, are empowered to under-
take or contract with any person or persons for making a canal from the
west branch of Cowper River to Cook's or Greenland's Swamp, or from
the head of the east branch of the said river to Echaw or Santee Creek,
to Santee River, at the following rates for boats or rafts as may pass through
the said canal, viz : those of forty feet keel, seven feet beam, and upwards,
five dollars each ; from thirty to forty feet keel, and five to seven feet beam,
three dollars each ; and all boats under the length and width last mention-
ed, one dollar each, for the term of fifty years.
In tlie Senate House, the twenty-fourth clay of March, in the year of our Lord one thou-
sand seven hundred and eighly-five, and in the ninth year of the Independence
of the United States of America.
JOHN LLOYD, President of the Senate.
JOHN FAUCHEREAUD GRIMKE,
Speaker of the House of Representatives.
OF SOUTH CAROLINA.
Acts relating to Rivers.
AN ACT TO ESTABLISH A CoMPANY FOR THE InLAND NAVIGATION FROM No. 1316.
Santee to Cooper River.
WHEREAS, John Rutledge, John Fauchereaud Grimke, Theodore
Gaillard, George Haig, James Kennedy, Graham, Thomas Sumter,
Benjamin Waring, Thomas Walter, John Vanderhorst, James Mitchell,
iEdanus Burke, Peter Tayssoux, Richard Champion, Aaron Loocock'
Pearson, John James, Francis Marion, John Dawson, Alexander
Gillon, Samuel Midwood, John Richardson, Ephraim Mitchell, William
Bull, Duncan McRa, Nathaniel Russell, Philip Gadsden, Peter Belin, Henry
Laurens, jr., Edward Rutledge, Ralph Izard, John Budd, Richard Beatty,
William Smith, Minor Winn, William Clarkson, William Hill, James
Theus, Joseph Atkinson, Thomas Jones, and Daniel Bourdeaux, have, by
their petition to the General Assembly, represented, that the opening an
inland communication between the interior parts of this State and the city
of Charleston, by means of a canal and locks, from Santee to Cooper
river, will be of great utility ; that the said petitioners have entered into
an agreement, for establishing a company for opening and keeping up
such communication ; that a considerable number of shares are already
subscribed, and the subscription will probably be soon completed, if the said
undertaking should receive the sanction of the Legislature, and prayed to
be incorporated by law, under the name or title of "The Company for the
Inland Navigation from Santee to Cooper River ;" that such a toll as may
be reasonable and adequate, may be granted to them and their successors,
in perpetuity, and that they may be vested with powers sufficient for car-
rying the said work fully into execution.
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 autho- *
rity of the same, That the said proprietors, and such others as shall be ad.
mitted into the said company, shall be, and they are hereby, incorporated
by the name and style of "The Company for the Inland Navigation from
Santee to Cooper River."
II. And. be it further enacted by the authority aforesaid. That the said
company, by the name and style aforesaid, shall and may sue and be sued,
implead and be impleaded, in any court within this State ; and that thev
may elect and appoint all necessary officers, and from time to time make
such rules, regulations and by-laws, as they shall think proper; provided,
the same shall not be repugnant to or inconsistent with any law of this
State. -^
III. And he it further enacted by the authority aforesaid. That the said
company shall and may cause a communication or inland navigation, by a
canal and locks, to be made and kept up through such places as to them
shall seem most fit and convenient, from Santee to Cooper river ; and that
they and their successors for ever, shall and may fix and establish, and be
entitled to take and receive by way of toll, for all goods and merchandize,
earned on or through, and boats, vessels and rafts, passing on or through,
the said canal, such sums or rates as the said company shall think proper to
impose, not exceeding at any time, twenty-five pounds per cent per annum,
on the money which they shall have expended in making and keeping in
repair the said canal and locks, (to ascertain which, the books of the "said
company shall always be Hable to the inspection of the Legislature ;) that
the said toil shall be payable in specie, according to its value as now estab-
lished, and at no other rate, or in any other kind of money ; and that the
642 STATUTES AT LARGE
A. D. J 786. Acts relating to Rivers.
said company, or their agents, may stop any goods, vessels, boats or rafts,
from passing on the said canal, until payment of the said toll.
IV. And he it further enacted by the authority aforesaid. That the said
company shall have power to purchase, for themselves and their successors
for ever, such lands as may be necessary for the purpose aforesaid, and as
much land at each end of the canal, and on the opposite shores of Santee
and Cooper rivers, as they may deem necessary, not exceeding one thou-
sand acres ; and where they and the owners of the said lands cannot agree
for the same, to take the said lands on a valuation, to be made by a majority
of five persons, to be appointed by the court of chancery or common pleas,
to value the same; which land shall, on payment of the sum at which
it shall be so valued, be vested in the said company for ever.
V. And be it further enacted by the authority aforesaid, That the said
company shall be obliged to keep the said canal and locks, at all times, in
good and sufficient order, condition and repair, on pain of being answera-
ble for any damages occasioned by their wilful fault or neglect.
VI. And be it further enacted by the authority aforesaid , That the shares
in the said company shall be forever exempted from any rate, tax, duty,
assessment or imposition whatsoever ; and that the said shares may be sold,
transferred, assigned or bequeathed by the proprietors, respectively ; and in
case of their dying intestate, shall go as personal estate, according to the
statute of distributions.
VII. And be it further enacted \iY the authority aforesaid. That if any
person shall, wilfully or maUciously, cut, break down, damage or destroy
any bank or other work to be erected or made for the purpose of the said
navigation, such person shall be adjudged guilty of felony, and, on convic-
tion, suffer death, without benefit of clergy. And if any person shall throw
dirt, trees, logs or other rubbish, into the said canal, so as to prejudice the
same, such person shall be answerable to the said company for the damages
occasioned thereby.
VIII. And be it further enacted by the authority aforesaid, That the
said company shall have power and authority to use any materials in the
vicinity of the said canal, for making the same, or the said locks, or keep-
ing the same in repair, paying a reasonable price for the same, which price
shall be ascertained in like manner as the value of land which the company
may take, as aforesaid, in case they and the owners of the said land cannot
agree about the price thereof.
IX. And be it further enacted by the authority aforesaid , That all lands
within seven miles of the said canal, which have not heretofore been grant-
ed to any person, shall be vested in the said company and their successors,
forever ; and that the said company shall and may collect and reserve wa-
ter for the use of the said canal and locks, making satisfaction for the dama-
ges done thereby ; the said damages to be ascertained in the manner above
directed with respect to the value of land.
X. And he it further enacted by the authority aforesaid, That the said
company shall have power, and they are hereby authorized, to establish a
ferry over Santee River, at or near the place where the said canal shall
join the said river, and shall be allowed to demand and receive the same
rates of ferriage as may be legally demanded and received at Manigault's
Ferry. And the said company shall also have power, and they are hereby
authorized, to lay out a road, at their own expense, from the north side of
Santee River, opposite to the canal, till it intersects the pubUc road leading
to the high hills of Santee.
OF SOUTH CAROLINA. 543
Acts relating to Rivers. ^'^ |^^^-
XI. And be it further enacted by the authority aforesaid, That if any
person shall be sued for any matter or thing done in pursuance of this Act,
he may plead the general issue and give this Act and the special matter in
evidence ; and on a verdict against the plaintiff, or a non-suit or a discontinu-
ation, recover double costs.
XII. And be it further enacted hy i\ie ?Mi]\ox'\iy nioxesKi^, That this Act
shall be deemed and taken to be a public Act, judicially taken notice of
as such, without special pleading, and liberally construed for carrying the
purposes aforesaid into effect.
In the Senate House, the twenty-second day of March, in the year of our Lord one thou-
sand seven hundred and eighty-six.
JOHN LLOYD, President of the Senate.
JOHN FAUCHEREAUD GRIMKE,
Speaker of the House of Representatives.
AN ORDINANCE for improving the Navigation of Goose Creek No. 1334.
IN Charleston District, and for better draining the Low
Lands in its vicinity.
WHEREAS, Alexander Eraser, Ralph Izard, Thomas Middleton, Gabriel
Manigault, Alexander Garden, Isaac Parker, Ephraim Mitchell, Daniel
Cannon, Charles Cotesworth Pinckney, Stephen Mazyck, jr., John Parker,
John Deas, and James Mitchell, Esqrs., proprietors of lands in the parish of
St. James Goose Creek, by their humble petition to the General Assembly,
represented, that from the several windings and turnings of Goose Creek,
the waters are kept up in such a manner, that the low lands cannot be
sufficiently drained so as to be advantageously cultivated, and that the
navigation is also thereby very much impeded ; it appearing from an actu-
al survey, that by a few short cuts through the marshes, thirteen miles and
a quarter may be shortened to the distance of one thousand seven hundred
and ninety yards ; and therefore prayed that certain commissioners might
by law be appointed to make the several cuts necessary for the above pur-
poses.
I. Be it therefore ordained, by the Honorable the Senate and House of
Representatives, in General Assembly met, and by the authority of the
same, That the Honorable Alexander Fraser, Gabriel Manigault, Ephraim
Mitchell, John Deas, Peter Smith, Joseph Manigault, and Aaron Loocock^
Esqrs., or any three or more of them, shall be, and they are hereby, autho-
rized and empowered to set out, cut, sink, maintain and keep in repair,
or to agree for the setting out, cutting, sinking, maintaining, and keeping
in repair, such cuts and canals through the said marshes and other lands in
the vicinity of Goose Creek, from the public bridge over the said creek, to
its junction with Cooper river, as in their opinion will best tend to improve
the navigation of the said creek, and to drain the low lands in its vicinity.
Provided always, that a full and adequate satisfaction and compensation to
all persons for the damages they may sustain from carrying this Ordinance
into execution, by a just and fair valuation of seven disinterested freehold-
ers of Charleston district, or a majority of them, three to be chosenl)y the
544 STATUTES AT LARGE
A. D. 1786. Acts relating to Rivers.
party who may think himself aggrieved thereby, and three other disinte-
rested freeholders of the same district, to be chosen by the commissioners
hereinbefore mentioned, and the six so appointed, to choose the seventh,
which seven are to be summoned by the commissioners appointed by this
Act, in the same manner as is hereinafter prescribed for laying an assess.
ment on the proprietors of lands benefited thereby. But in case either
party should refuse or neglect to appoint the three freeholders aforesaid,
then the commissioners herein appointed for carrying this Act into execu-
tion, shall, and they are hereby authorized and empowered to, appoint six
freeholdeis as aforesaid, who being so appointed, shall choose a seventh;
and the said commissioners so appointed, are hereby vested with the same
powers and authority, as if the persons interested had appointed the three
freeholders as aforesaid.
II. And he it further ordained by the authority aforesaid, That such
cuts and canal shall be set out, cut, sunk, maintained and kept in repair,
at the expense of the owners and proprietors of the land in the vicinity of
Goose Creek, who shall be benefited by the said cuts and canals, and in
proportion to the particular benefit they shall respectively receive thereby ;
and the said commissioners, or any three or more of them, shall and may,
and they are hereby authorized and empowered, from time to time, to issue
out their warrant or warrants, under their hands and seals, to seven free-
holders of Charleston district, no wise interested in the said cuts or
canals, to appear before the said commissioners, or any three or more of
them, at a time and place to be specified in such warrant; which freehold-
ers, or any five of them, upon their oaths, to be administered by any two
of the said commissioners, which oath the said commissioners, or any two
of them, are hereby empowered to administer, shall enquire which of the
owners and proprietors of lands in the vicinity of Goose Creek will be
benefited, and which will be damnified, by the said cuts or canals ; and the
said freeholders shall assess and ascertain what sum or sums of money
shall be paid by the owners or proprietors of the said lands who shall be
benefited by the said cuts or canals, (either by a sum in gross or by instal-
ments,) for the setting out, cutting, sinking, maintaining and keeping in
repair, the said cuts or canals, and compensating such owners and proprie-
tors of lands as may be damnified thereby ; and the said freeholders shall
also assess and ascertain what sum or sums of money, either in the gross
or by instalments, shall be paid out of the above assessment to such owners
and proprietors of lands as may be damnified by the making the said cuts
or canals, in proportion to the injury they shall receive thereby. Provided.
always, that notice of the time and place of making such enquiry and as-
sessment, shall be given in the pubHc gazettes of this State, and also given
to or left at the usual or last places of abode of the persons interested, or
the tenants or occupiers of the premises, respectively, at least ten days
before such enquiry or assessment.
III. And he it further ordained by the authority aforesaid, That the
said assessments and verdicts shall be set down in writing, under the hands
and seals of the said freeholders, or any seven of them, and shall be
delivered to the said commissioners, and shall be conclusive and binding,
to all intents and purposes, on all concerned ; and if any of the said
persons shall neglect or refuse to pay their said assessments, it shall and
may be lawful for the said commissioners, or any two or more of them,
and they are hereby authorized and empowered, from time to time, to issue
their warrant or warrants, under their hands and seals, to be delivered to
OF SOUTH CAROLINA. 545
Acts relating to Rivers.
any constable or constables of the said district, commanding him or them
to levy the sum assessed, by distress and sale of the goods and chattels of
the person so refusing or neglecting to pay his or her assessment ; returning
the overplus to the owners thereof, after such assessment and the charges
of such distress and sale shall be deducted.
IV. And be it further ordained by the authority aforesaid. That this
Ordinance shall be deemed, adjudged, and taken to be a public Ordinance,
and shall be judiciall taken notice of as such, by all judges, justices, and
other persons whatsoever, without specially pleading the same.
In the Senate House, the twenty-second day of March, in the year of our Lord one thou-
Band seven hundred and eighty-six.
JOHN LLOYD, President of the Senate.
JOHN FAUCHEREAUD GRIMKE,
Speaker of the House of Representatives.
A. D. 1787.
AN ACT TO ESTABLISH A COMPANY FOR CLEARING AND IMPROVING THE No. 1349.
NAVIGATION OF EdISTO AND AsHLEY RiVERS, AND FOR FORMING A COM-
MUNICATION BY A Canal and Locks between the former and the
LATTER.
WHEREAS, William Moultrie, John Rutledge, Thomas Bee, James
Lynch, Minor Winn, William Butler, John Purvis, WiUiam Anderson,
John Budd, Leroy Hammond, Ephraim Mitchell, Nicholas Eveleigh, Wm.
Saunders, Peter Freneau, David Olyphant, Wadsworth and Turpin, Chas. yn . ^ -
Goodwin, William Moore, Thomas Hall, James MTIligan, Stephen Dray- 5z*.'^^^ ^
ton, Christoper Gadsden, Jacob Read, Alexander Gillon, Andrew Pickens, ' "
Thomas Brandon, Patrick Colhoun, James Lincoln, and James Mayson,
have, by their petition to the General Assembly, represented, that improving
the communication between the north-western parts of this State, and the
city of Charleston, by clearing and making navigable Edisto river, and the
forks thereof, by making a canal from Edisto to Ashley river, by clearing
the latter and making it navigable for proper boats and vessels, from the
place where the canal will enter the said river, will be of great utility, both
to the city and the country ; that the said petitioners have entered into an
agreement for establishing a company for the above purposes ; that a con-
siderable number of shares are already subscribed for, and the subscription
will propably be soon completed, if the said undertaking should receive the
sanction of the Legislature ; that the said petitioners have therefore prayed
to be incorporated by law, under. the name of The Company for improv-
ing the navigation of Edisto and Ashley Rivers, and making a commu-
nication by a canal and locks, from one to the other of the said rivers;
that such a toll as shall be reasonable and adequate, may be granted to
them and their successors, in perpetuity, and that they may be vested with
powers sufficient to carry the same fully into effect.
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 petitioners, and such others as shall
be admitted into the said company, shall be, and they are hereby, incorpo-
VOL. Vn.— 69.
546 STATUTES AT LARGE
A. D. 1787. _Ac(g relating to Rivers.
rated, by the name and style of The Company for improving the naviga-
tion of Edisto and Ashley Rivers, and making a communication by a
canal and locks from one to the other of the said rivers.
II. And be it further enacted by the authority aforesaid, That the said
company, by the name and style aforesaid, shall and may sue and be sued,
implead and be impleaded, in any court within this State; and that they
may elect and appoint all necessary officers, and, from time to time, make
such rules, regulations and by-laws as they shall think proper, for their
own government. Provided, the same shall not be repugnant to, nor in-
consistent with, any law of this State.
III. And be it further enacted by the authority aforesaid. That the said
company shall and may cause a navigation to be made on the said Edisto
and Ashley Rivers, and the forks of the former, by means of dams, ca-
nals and locks, or in such other manner as to them may seem most fit and
convenient ; and also, such communication or inland navigation, by a canal
and locks to be made and kept up through such places as to them shall seem
most fit and convenient, from Edisto to Ashley River. And that they and
their successors, forever, shall and may fix and establish, and be entitled to
take and receive, by way of toll, for all goods and merchandize carried on or
through, and boats, vessels and rafts passing on or through, the said river or
canal, such sum, sums or rates as the said company shall think proper to im-
pose, not exceeding, at any time, twenty-five per cent, per annum on the
money which they shall have expended in clearing, making and keeping in re-
pair the navigation of the said river and canal, or on the money which they
shall have expended in opening and keeping in repair the navigation of the
River Edisto and its forks, provided the opening the canal by locks from
one river to the other, should be judged by them impracticable, or too diffi-
cult to be undertaken ; in order to ascertain which rates, the books of the
said company shall always be liable to the inspection of the Legislature ;
that the said toll shall be payable in the current money of the State, and
that the said company, or their agents, may stop any goods, vessels, boats
or rafts, from passing on the said rivers or canal , until payment of the said
toll.
IV. And be it enacted by the authority aforesaid. That the said company
shall have power to purchase, for themselves and their successors, forever,
such land as may be necessary for the purpose aforesaid , and as much land
at each end of the canal, and at the opposite shores of Edisto and Ashley
Rivers, as they may deem necessary, not exceeding one hundred acres;
'^nd where they and the owners of said lands cannot agree for the same,
to take the said lands on a valualion to be made by a majority of five per-
sons, to be appointed by the court of chancery or common pleas, to value
the same ; which land shall, on payment of the sum at which it shall be so
valued, be vested in the said company forever.
V. And be it further enacted by the authority aforesaid, That the said
company shall be obliged to keep the said navigation in good and sufficient
order and condition, on pain of being answerable for any damages occa-
sioned by their wilful default or neglect.
VI. And be it further enacted by the authority aforesaid, That the shares
in the said company shall be forever exempted from any rate, tax, duty,
assessment or imposition whatsoever ; and that the said shares may be sold,
transferred, assigned or bequeathed by the proprietors, respectively; and
in case of their dying intestate, shall go as personal estates, according to
the statute of distributions.
OF SOUTH CAROLINA, 547
Acts relating to Rivers. A. D. 1787.
VII. And he it fwrtlier enacted by the authority aforesaid, That if any
person shall, wilfully or maliciously, cut, break down, damage or destroy
any bank or other work to be erected or made for the purpose of the said
navigation, such person shall be adjudged guilty of felony, and, on convic-
tion, shall be compelled to work in chains upon the said navigation, for any
term of time not exceeding seven years. And if any person shall throw
dirt, trees, logs or other rubbish, in the way, so as to prejudice the naviga-
tion and works aforesaid, such person shall be answerable to the said compa-
ny, for treble the damages sustained thereby.
VIII. And he itfttrtkea- enacted by the authority aforesaid, That the said
company shall have power and authority to use any materials in the vicinity
of the works, for opening the navigation aforesaid, or keeping the same in
repair paying a reasonable price therefor, which price shall be ascertained
in like manner as the value of land which the company may take, as afore-
said, in case they and the owners of said land cannot agree about the price
thereof.
IX. And he it further enacted^ by the authority aforesaid. That all lands
within two miles of the rivers and canal so to be made navigable, as afore-
said, which have not been heretofore granted to any person, the said com-
pany and their successors shall have a preferable right ; provided, they
survey and obtain a grant for the same within three years after the passing
of this Act ; and that the said company shall and may collect and reserve
water for the use of their canals and locks, making satisfaction for the
damage done thereby, the said damages to be ascertained in the manner
above described with respect to the value of land.
X. And he it Jurther enacted by the authority aforesaid. That the said
company and their successors, from time to time, forever, shall be capable
of purchasing or acquiring, holding and possessing, and of selling and dis-
posing of, any negroes or other goods and chattels, as well as of any lands
or real estates.
XI. And he it further enacted by the authority aforesaid. That if any
person shall be sued for any matter or thing done in pursuance of this Act,
he may plead the general issue, and give this Act and the special matter in
evidence ; and on a verdict against the plaintiff, or a non-suit or discontinu-
ance, recover double costs.
XII. And he it further enacted hj the authority 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 effect.
In the Senate House, the twenty-seventh day of March, m 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 Representatives.
548 STATUTES AT LARGE
A. D. 1787. ^(-is relating to Rivers.
No. 1354. ■^'^ ORDINANCE for appointing Commissioners for cleansing,
CLEARING, AND MAKING NAVIGABLE ChECHESEY CreEK, IN THE ROOM
OF THOSE WHO ARE DEAD, WITH AUTHORITY AND POWERS CONTAINED
IN THE Act of the General Assembly, for cleansing, clearing,
AND making navigable THE SAID CREEK, PASSED THE NINETEENTH OF
March, one thousand seven hundred and fifty-six.
WHEREAS, the commissioners appointed for clearing, cleansing, and
making navigable Chechesey creek, in and by an Act of the General As-
sembly, passed the nineteenth day of March, in the year of our Lord one
thousand seven hundred and fifty six, entitled "An Act for clearing and
making navigable the head of Ashepoo river to the Fish Pond Bridge, and
for cleansing, clearing, and making navigable the head of Chechesey creek,
from the mouth of the same, to the public landing known by the name of
Chechesey Landing," are dead, and a majority of the said commissioners
failed to appoint others in the room of such as died, so as to keep up a
succession, as is directed in and by the said Act. And whereas, there are
now no commissioners for cleansing, clearing, and making navigable the
said creek, and continuing to cleanse and keep clear and navigable the
same, agreeable to the aim and scope of the said Act. And whereas, the
said creek, by reason of trees that have fallen and lodged therein, and
divers other obstructions, is rendered dangerous and difficult for the trans-
portation to market of rice and other commodities of the proprietors of the
adjacent plantations.
L 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 Honorable John Lloyd, Esqr., Rawhns
Lowndes, Benjamin Garden, William Clay Snips, Robert Pringle, and
Wilson Glover, Esqrs., be, and they are hereby, nominated and appointed
commissioners, for cleansing, clearing, and making navigable, and for con-
tinuing to cleanse, clear, and make navigable, the said creek, according to
the Act above mentioned ; and that they be, and are hereby, vested with
and authorized to use and exercise the same powers and authorities given
to the commissioners appointed by the Act aforesaid, to all intents and
purposes whatsoever. And that in case any of the commissioners herein
named should die, depart the State, or decline acting, and the majority of
them should fail to choose and appoint others in their stead, as in and by
the Act is prescribed, it shall and may be lawful for his Excellency, the
Governor for the time being, to choose and appoint commissioners, and
the persons so by him chosen and appointed, shall have equal powers and
authorities as above mentioned.
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 tlie eleventh year of the Independence
of the United States of America.
JOHN LLOYD, V resident of the Senate.
JOHN J. PRINGLE, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
Acts relating to Rivers.
AN ACT TO ESTABLISH A CoMPANY FOR THE OPENING OF THE NaVI- ^^- 1355.
GATION OF THE CaTAWBA AND WaTEREE RiVERS.
WHEREAS, John Rutledge, Thomas Sumter, WilHam Hill, Daniel
Bourdeaux, John Gaillard, Benjamin Waring, Joseph Atkinson , and Theo-
dore Gaillard, for themselves and others, have, by their petition to the
General Assembly, represented, that the opening of the navigation of the
Catawba and Wateree rivers, from the North Carolina line to the Camden
Ferry, by means of canals, dams and locks, and clearing the same of ob-
structions which are now in the way, will be of great public utility ; that
the said petitioners have entered into an agreement for establishing a
company for opening the navigation of the said rivers, should they meet
the sanction of the Legislature, and prayed to be incorporated by law,
under the name and title of "The Company for opening the Navigation of
the Catawba and Wateree Rivers ;" and that they may be vested with
such powers, privileges and immunities, for carrying the same into effect,
as are granted to the incorporated company for the inland navigation be-
tween Santee and Cooper rivers.
L Be it therefore enacted, by the Honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au-
thority of the same, That the said petitioners, and such others as shall be
admitted into the said company, shall be, and they are hereby, incorpo-
rated, by the name and title of "The Company for opening the Navigation
of the Catawba and Wateree Rivers."
n. And be it further enacted by the authority aforesaid, That the said
company, by the name and style aforesaid, shall and may sue and be sued,
implead and be impleaded, in any court within this State ; and that they
may elect and appoint all necessary officers, and from time to time make
such rules, regulations and by-laws, as they shall thing proper for their own
government ; provided, the same shall not be repugnant to or inconsistent
with any laws of the State.
HL And be it further enacted by the authority aforesaid, That the
said company shall and may cause a navigation to be made on the rivers
aforesaid, by means of dams, canals and locks, or in such other manner as
to them shall seem most iSt and convenient, between Camden ferry and the
North Carolina boundary line ; and that they, and their successors for ever,
shall and may fix and establish, and be entitled to take and receive by way
of toll, for all goods and merchandize carried on or through, and boats,
vessels and rafts, passing on or through, the said rivers, within the limits
aforesaid, such sums or rates as the said company shall think proper to im-
pose, not exceeding at any time, twenty-five per cent per annum on the
money which they shall have expended in opening and keeping in repair the
said navigation, (to ascertain which, the books of the said company shall
always be hable to the inspection of the Legislature ;) that the said toll
shall be payable in the current money of the State ; and that the said
company, or their agents, may stop any goods, vessels, boats or rafts from
passing on the said rivers, until payment of the said toll.
IV. And be it further enacted by the authority aforesaid, That the said
company shall have power to open and keep open, such road or roads on
each side of the banks of the said rivers, as they may deem necessary for
the use of the navigation aforesaid ; and to purchase, for themselves and
their successors for ever, all such lands as may be necessary ; and where
they and the owners of said land cannot agree for the same, to take the
650 STATUTES AT LARGE
^'^^^' Acts relating to Rivers.
said lands on a valuation, to be made by a majority of five persons, to be
appointed by the court of chancery or common pleas, to value the same;
which land shall, on payment of the sum at which it shall be so valued, be
vested in the said company for ever.
V. And be it further enacted by the authority aforesaid. That the said
company shall be obliged to keep the said navigation in good and suffi-
cient order and condition, on pain of being answerable for any damages
occasioned by their wilful default or neglect.
VI. And he it further enacted by the authority aforesaid, That the
shares in the said company shall be forever exempted from any rate, tax,
duty, assessment or imposition whatsoever ; and that the said shares may
be sold, transferred, assigned or bequeathed by the proprietors, respectively ;
and in case of their dying intestate, shall go as personal estates, according
to the statute of distributions.
VII. And, he it further enacted by the authority aforesaid. That if any per-
son shall, wilfully or maliciously, cut, break down, damage or destroy any
bank or work to be erected or made for the purpose of the said navigation,
such person shall be adjudged guilty of felony, and, on conviction, shall be
compelled to work in chains upon the said navigation , for any term of time
not exceeding seven years. And if any person shall throw dirt, trees, logs, or
other rubbish, in the way, so as to prejudice the navigation and works afore-
said, such person shall be answerable to the said company for treble the
damages sustained thereby.
VIII. And. he it further enacted by the authority aforesaid. That the
said company shall have power and authority to use any materials in the
vicinity of the works, for opening the navigation aforesaid, or keeping the
same in repair, paying a reasonable price therefor, which price shall be as-
certained in like manner as the value of land which the company may take,
as aforesaid, in case they and the owners of said land cannot agree about
the price thereof.
IX. And he it further enacted by the authority aforesaid. That to all
lands within two miles of the rivers so to be made navigable, as aforesaid,
which have not been heretofore granted to any person, or reserved to the
Catawba Indians, the said company and their successors shall have a pre-
ferable right, provided they survey and obtain a grant for the same, within
three years from and after the passing of this Act ; and that the said com-
pany shall and may collect and reserve water for the use of their canals and
locks, making satisfaction for the damage done thereby, the said damages
to be ascertained in the manner above described, with respect to the value
of land.
X. And he it further enacted \iY the authority aforesaid, That the said
company shall and may, and they are hereby authorized and empowered to,
import into this State any number of negroes not exceeding three hundred,
and that they shaD have a credit for the duty on such negroes for five
years from the time of importation.
XI. And he it further enacted by the authority aforesaid, That upon
the said negroes being entered at the custom-house, the director or directors,
agent or agents, of the said company so entering them, shall make oath
that they are imported for the sole purpose of being employed on the works
aforesaid , and that they shall give bond with security for the payment of
the duties of the same, at the expiration of the time aforesaid.
XII. And he it further enacted by the authority aforesaid, That the said
company and their successors, from time to time, forever, shall be capable
OF SOUTH CAROLINA- 551
Acts relating to Rivers.
of purchasing or acquiring, holding and possessing, and of selling and dis-
posing of any negroes or other goods and chatties, as well as of any lands
or real estates.
XIII. And be it further enacted by the authority aforesaid, That it any
person shall he sued for any matter or thing done in pursuance of, this Act,
he may plead the general issue and give this Act and the special matter in
evidence; and on a verdict against the plaintiff, or a non-suit, or disconti-
nuance, recover double costs.
XIV. And be it further enacted by the authority aforesaid, That this Act
shall be deemed and taken to be a pubhc Act, and judicially taken notice
of as such, without special pleading, and liberally construed for carrying
the purposes aforesaid into effect.
In the Senate House, the twenty-seventh day of March, in the year of our Lord one
thousand seven hundred and eighty-seven, and in the eleventh 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 Representatives.
A. D. 1787.
AN ORDINANCE to empower Commissio]^ers therein named, to No. 1361.
CUT AND SINK DraINS AND WaTER PASSAGES IN THE SwAMPS AND
Savannahs formed by Wannell's, otherwise called Cuckold's
Creek, a branch of Combahee River.
WHEREAS, many valuable tracts of land lying on the swamps and
savannahs formed by WannelPs or Cuckold's creek, cannot be seasonably
cultivated, for want of sufficient drains thereon, to the great detriment of
the proprietors of said land.
I. Be it therefore ordained, by the Honorable the Senate and House of
Representatives, in General Assembly met, and by the authority of the
same. That Thomas Hey ward, jr., Thomas Radchff, William Ferguson,
Henry Hyrne, David Stevens, John Harrison, and William Day, be, and
they are hereby, constituted and apppointed commissioners, and they, or a
majority of them, are hereby authorized and empowered, to lay out, cut,
sink, maintain, and keep in repair, and to agree for laying out, sinking,
maintaining and keeping in repair, a free drain or passage to carry the
waters off the said swamps and savannahs, from the most convenient navi-
gable place on the said Wannell's or Cuckold's creek, to be continued
through the said swamps and savannahs, as far up Godfrey's savannah as
the commissioners, or a majority of them, shall think necessary; then to
divide in one or more drains, to be continued through or on the side or
sides of the said savannah ; and one or more drains, through or on the side
or sides of Timmons's swamp, as far up in the said respective courses as
the said commissioners shall think necessary for carrying the intention of
this Ordinance into execution- Provided alivays, that a full and ade-
quate satisfaction and compensation be made to all persons for the damages
they may sustain from carrying this Ordinance into execution, by a fair
and just valuation of seven disinterested freeholders of the parish of St.
Bartholomew, or a majority of them, three to be chosen by the party who
552 STATUTES AT LARGE
A . D. 1787. jIqIs relating to Rivers.
may think himself aggrieved thereby, and three other disinterested free-
holders of the same parish, to be chosen by the commissioners hereinbefore
mentioned, or a majority of them, and the six appointed, to choose the
seventh ; which seven are to be summoned by the commissioners appointed
by this Ordinance, or by a majority of them, in the same manner as herein-
after prescribed for laying an assessment on the proprietors of land benefit-
ed thereby. But in case either party should neglect or refuse to appoint
the three freeholders asoresaid, then the commissioners, or a majority of
them, herein appointed for carrying this Ordinance into execution, shall,
and they are hereby authorized and empowered to, appoint six freeholders,
as aforesaid, who being so appointed, shall choose a seventh ; and the said
commissioners so appointed, are hereby vested with the same powers and
authorities, as if the persons interested had appointed the three freeholders
aforesaid.
II. And be it further ordained hy the authority aforesaid. That the said
drains shall be laid out, made and kept in repair, at the proportionable ex-
pense of the owners and proprietors of the lands which shall be benefited
by the said drains or passages, and by the labor of the slaves employed on
any such lands ; and the said commissioners, or any three or more of them,
shall and may, and they are hereby authorized and empowered, from time
to time, to issue out their warrant or warrants, under their hands and seals,
to seven freeholders of St. Bartholomew's parish, no ways interested in the
said drains or passages, to appear before the said commissioners, or any
three or more of them, at a time and place to be specified in such warrant ;
which freeholders, or any five of them, upon their oaths to be adminis-
tered by any two of the commissioners, which oath the said commission-
ers, or any two of them, are hereby empowered to administer, shall enquire
which of the owners and proprietors of lands on said swamps and savan-
nahs will be benefited, and which will be damnified, by the said drains or
passages. And the said freeholders shall assess and ascertain what smn or
sums of money shall be paid by the owners or proprietors of the said lands,
who shall be benefited by the said drains or passages, either by a sum in
gross, or by instalments, for the setting out, cutting, sinking, and keeping
in repair the said drains or passages, and compensating such owners and
proprietors as may be damnified thereby. And the said freeholders shall
also assess and ascertain what sum or sums of money, either by gross, or
by instalment, shall be paid out of the above assessment, to such owners and
proprietor of lands as may be damnified by making the said drains or pas-
sages, in proportion to the injury they may receive thereby. Provided
always, that notice of the time and place of making such inquiry and
assessment, shall be given in the State Gazette of this State, and also,
given to or left at the usual or last places of abode of the persons interest-
ed, or the tenants and occupiers of the premises respectively, at least ten
days before such inquiry or assessment.
III. And be it jurther ordained by the authority aforesaid, That the
said assessments and verdicts shall be set down in writing, under the hands
and seals of the said freeholders, or any five of them, and shall be delivered
to the said commissioners ; and shall be conclusive and binding, to all in-
tents and purposes, on all concerned ; and if any of the said persons shall
neglect or refuse to pay their said assessments, it shall and may be lawful
for the said commissioners, or any two or more of them, and they are
hereby authorized and empowered, from time to time, to issue out their
warrant or warrants, under their hands and seals, to be delivered to any
OF SOUTH CAROLINA. 653
Acts relating to Rivers. A . I). 1787.
constable or constables of the said parish, commanding him or them to
levy the sum assessed, by distress and sale of the goods and chattels of the
person so refusi;ig or neglecting to pay his or her assessment, returning the
overplus to the owners thereof, after such assessment and the charges of
such distress and sale shall be deducted. But in case it shall happen that
the defaulter or defaulters shall have no goods on which levy can be made,
then it may be lawful for the said commissioners, their successors, or the
majority of them, to lease the aforesaid lands, or any part thereof, to such
person or persons as may be willing to hire the same, for any term not
exceeding four years, which leases are hereby declared to be valid, and of
as full force and effect as if they had been made and executed by the pro-
prietors of the said lands, respectively ; any former or other lease to any
other person notwithstanding.
IV. And that the said drains or passages may be more speedily finished,
Be it further ordained by the authority aforesaid. That all the male slaves,
from the age of sixteen to sixty years, residing or employed on any lands
which may be benefited thereby, shall be, and they are hereby, obliged and
required to work on the said drains or passages, at such time or times as
the said commissioners, or a majority of them, shall appoint for that pur-
pose. And in case the owner or owners of any such slaves shall neglect
or refuse to send the same to work on the said drains or passages, at any
time when required so to do by the said commissioners, or a majority of
them, every such owner or owners shall forfeit and pay for every neglect
or refusal, a sum not exceeding three shillings sterling per day, for every
such slave that he, she or they shall so neglect or refuse to send ; to be
recovered by warrant, under the hands and seals of the .said commissioners,
or any two or more of them, and to be applied towards defraying the ex-
pense of making the said drains or passages, and keeping the same in
repair.
V. And be it further ordained by the authority aforesaid, That the
said commissioners, or a majority of them, shall have power and authority,
and they are hereby fully empowered and authorized, to employ overseers
to inspect the making of the said drains or passages, and keeping of the
same in repair; and to do all such matters as they, the said commissioners,
shall be of opinion will best tend to carry this ordinance into execution.
VI. And be it further ordained by the authority aforesaid. That if any
person or persons whatsoever, by themselves, their servants or slaves, shall,
by any ways or means, hinder or oppose the said commissioners, their suc-
cessors, or such person or persons as they shall contract, agree with or ap-
point, their servants or workmen, from cutting, sinking, clearing, and
making the said water passages, or from cutting down, felling, or making
use of any timber, wood, earth or stones, in or near the said drains or water
passages, or from mending or repairing the same as aforesaid, or shall stop
either of the said drains, or prevent the free passage of water through the
same, from the fifteenth day of September, until the fifteenth day of July,
in each or any year, shall, for every such offence, forfeit the sum of one
hundred pounds sterling, to be recovered by action of debt in any court of
record in this State, and the monies so recovered to be disposed of for
cutting, sinking, clearing, making, and keeping in repair, the said drains
or water passages.
VII. And be it further ordained by the authority aforesaid. That if any
of the said commissioners shall die, or depart this State, or shaJl refuse or
VOL. \TI.— 70.
STATUTES AT LARGE
Acts relating to Rivers.
neglect to act, it shall and may be lawful for the remainder of the commis-
sioners, or the majority of them, to elect one or more commissioner or com-
missioners in their room, or in default of such election, for the Governor
or Commander-in-chief for the time being to appoint, and the person or
persons so elected or appointed shall be invested with, and he or they shall
and may lawfully use, exercise and enjoy, the same powers and authorities,
in as full and ample manner, to all intents and purposes whatsoever, as the
commissioners hereby appointed can, or lawfully may, or ought to do.
VIII. And be it [further ordained by the authority aforesaid, That if
any person or persons whatsoever, shall be sued, prosecuted or molested,
for any matter or thing done by virtue of this Ordinance, such person or
persons may plead the general issue, and give this Ordinance and the
special matter in evidence ; and in case the plaintiff or plaintiffs shall suffer
a discontinuace, or verdict or judgment shall pass against him or them, the
defendant or defendants shall be allowed his and their double costs of suit.
In the Senate House, the twenty-seventh day of March, in tlieyear of our Lord one thousand
seven hundred and eighty-seven, and in the eleventii year of the Independence of the
United Stntes of America.
JOHN LLOYD, President of the Senate.
JOHN. J. PRINGLE, Speaker of the House of Representatives.
No. 1379. AN ORDINANCE for opening the navigation of Lynch's and
Clark's Creeks, and also of Black Creek, and appointing Com-
missioners FOR superintending THE SAME.
WHEREAS, a great number of the inhabitants of Cheraw, Georgetown
and Camden districts, have, by their joint petitions, set forth, that the
interest of the State in general, and those districts in particular, would be
much advanced by clearing and rendering navigable the creeks called
Lynch "s and Clark's Creeks, also Black Creek.
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 all the male inhabitants, from the age of six-
teen to fifty years, residing on the north side of Lynches creek, within six
miles of said creek, from the fork thereof down to Weatherspoon's Ferry,
shall be liable to work and clear said creek, and keep open the navigation
thereof, and shall not be liable to work on any public road whatever ; and
from the said ferry down to the mouth of Lynches and Clark's creeks, the
inhabitants, as above, shall be equally divided between said creeks and the
river Peedee, and shall be liable as well to w'ork on said creeks, and keep
open the navigation of the same, as to work on such high roads as are
there established by law, and as they are now obliged to work upon ; and
on the south side, all the inhabitants, as above, within five miles of said
creeks, from the fork thereof to where Clark's creek empties itself in
Peedee river, shall also be liable, as well to clear and keep open the naviga-
tion of the same, as to work ,on such high roads as they are already by law
obliged to work upon.
OF SOUTH CAROLINA. 555
Acts relating to Rivers. A. D. 1787.
II. And be it further ordained by the authority aforesaid, That all the
male inhabitants, from the age of sixteen to tifty years, residing on the
south side of Black creek, within four miles thereof, to the mouth thereof;
also, all such inhabitants, residing on the north side of Black creek, and
within two miles thereof, from the head to the mouth of the same, shall be
liable, as well to clear and keep open Black creek aforesaid, as to work on
such high roads as they are already by law obliged to work upon. Provi-
ded always nevertheless , that nothing herein contained shall be construed
so as to oblige any above mentioned inhabitant or inhabitants to work on
the said creeks, or any high roads, for a greater number of days in the
year than shall be employed by other citizens of this State in working on
the high roads as directed by law.
III. And he it further ordained by the authority aforesaid. That James
Marshall, John Dick, Elias Dubose, Roger Willson, Daniel Dubose, John
Smith, Zachariah Nettles, Robert Ellison, John Day, Josiah Corktield,
Lewis Harold, James Brown, Austin Stone, John James, John Piggott,
Robert Carter, James Snow, and William Goddard, be, and they are
hereby, appointed commissioners for Lynch's creek ; and Henry Ken-
non, John Peoples, James Williamson, Michael Russell, William Mc-
Muldrough, Andrew Hunter, Albert Fort, John Powell, William Wil-
liams, John King, and Edward Cowper, be, and they are hereby, ap-
pointed commissioners for Black creek, for carrying into execution this
Ordinance, and shall, respectively, have the same powers and authorities,
and be under the same restrictions, in clearing said creeks, and in keeping
open and improving the navigation thereof, as any commissioners of high
roads and public paths in any part of this State are vested with or
subject to ; any law, usage or custom to the contrary in any wise notwith-
standing.
IV. And be it further ordained by the authority aforesaid, That this
Ordinance shall continue in force for the term of tive years, and no
longer.
In the Senate House, the twenty-eighth 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 Represerttatives.
STATUTES AT LARGE
Acts relating to Rivers.
No. 1402. AN ORDINANCE to appoint Commissioners for opening W all s
Cut.
WHEREAS, an Ordinance to appoint commissioners for clearing Wall's
Cut, and Edisto, Wateree, Great and Little Peedee Rivers, passed the
twenty-sixth day of March, one thousand seven hundred and eighty -four,
has not hitherto been carried into efiect, so far as respects the clearing of
Wall's Cut, for the want of sufficient funds, the grant of three hundred
pounds on the treasury, as specified in the said ordinance, being found in-
adequate for the purpose, and the commissioners appointed have not taken
upon themselves to act. And whereas, the clearing and opening the cut
commonly called Wall's, hereinbefore mentioned, will be of great and gen-
era benefit :
L Be it therefore ordained 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 Richard Proctor, John Joiner, William Hort, John
Lcacraft, and Daniel Stevens, Esq Vs., shall be, and they are hereby appoin-
ted, commissioners for clearing and opening the cut commonly called Wall's
Cut. And the said commissioners, or a majority of them , shall have full power
and authority to contract and agree with any person or persons for making
Wall's Cut wider and deeper, and for having the sides of the said cut secu-
red by piles or stakes, in such manner as the said commissioners shall judge
most proper and effectual for enabling large boats and rafts to pass through
the same ; and the said commissioners, or a majority of them, may draw
orders on the treasury, in favor of the person or persons undertaking the
work, for the sums of money, (that is to say three hundred pounds sterling,)
granted in and by the above recited Ordinance ; which orders, the com-
missioners of the treasury shall pay out of any monies in the treasury, (ex-
, cept such as are appropriated to the payment of the foreign debt ;) any law
to the contrary notwithstanding.
n. Aiid he it further ordained by the authority aforesaid. That the said
person or persons so completing said work, as aforesaid, their executors,
administratoi's or assigns, shall, thereupon, be entitled to demand, receive
and take, by way of toll, for every sloop or schooner, five shillings; for
every pettiauger or large trading boat, two shillings and six pence ; for
every pleasure boat or rowing canoe, commonly called plantation boats, one
shilling; and for every raft of lumber, five shillings; each and every time
they shall pass through the said cut, for the term of fourteen years next
after com.pleting the work aforesaid ; which toll, the collectors thereof
shall be entitled to receive before the passage of any craft or rafts, as afore-
said, through the said cut.
in. And he it further ordained by the authority aforesaid. That the
persons who may be entitled to such toll, shall, during the said term, keep
the said cut in complete repair, and free from all obstructions and impedi-
ments to the navigation, and on default of so doing, shall thenceforward
lose all benefit of this Ordinance.
IV. And be it further ordained by the authority aforesaid. That in case any
of the commissioners by this Ordinance appointed, shall die, depart the State,
or refuse to act, it shall and may be lawful for the other commissioners, or
a majority of them, to nominate and appoint any other person or persons
in the room of him or them so dying, departing the State or refusing to act ;
OF SOUTH CAROLINA. 557
Acts relating to Rivers.
and the person or persons so chosen shall be invested with the same powers
and authorities as the other commissioners hereby appointed.
In the Senate House, the twenty-seventh day of February, in the 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 JULIUS PRINGLE, Speaker of the House of Representatives.
A. I). 1788.
AN ORDINANCE for opening the navigation of a creek called No. 1403.
THE Stave-Landing Creek, and to dig a Canal from the upper
END OF THE SAID CrEEK, TO THE MAIN ROAD LEADING FROM CHARLES-
TON TO Camden.
WHEREAS, the company for opening the navigation of the Catawba
and Wateree Rivers, have, by their petition to the General Assembly, re-
presented that the opening of the navigation from the Wateree, up a creek
called the Stave-Landing Creek, and to dig a canal from the upper end
thereof to the main road leading from Charleston to Camden, by means of
canals, dams and locks, and clearing the obstructions now in the way,
will be of public utility :
I. Be it therefore ordained by the Honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au-
thority of the same. That the said company shall and may cause a navi-
gation to be made from the said river to the public road aforesaid, near
Statesburg, or so far up as they may think necessary, by means of dams,
canals and locks, or in such other manner as to them shall seem most fit and
convenient. And the said company shall be entitled to the same toll and
other advantages as are granted to them for opening the navigation of the
Catawba and Wateree Rivers, by an Act passed the twenty-seventh day of
March last, entitled "An Act for the opening of the navigation of the Ca-
tawba and Wateree Rivers," and shall have the same powers and authorities,
and be under the same restrictions, as are therein mentioned.
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 Indepen-
dence of the United States of America.
JOHN LLOYD, President of the Senate.
JOHN JULIUS PRiNGLE, Speaker of the House of Representatives.
STATUTES AT LARGE
Acts relating to Rivers.
No. 1419, AN ACT to establish a Company for opening the navigation of
Broad and Pacolet Rivers.
WHEREAS, John Henderson, Francis Bremar, James Martin, James
Green Hunt, John Martin, Thomas Brandon, James Knox, Joseph Palmer,
Charles Miles, Charles Sims, James Powell, William Farr, Minor Winn,
James Craig, Zachariah Bullock, John Hampton, David Hopkins, Thomas
Baker, and John Winn, have petitioned the General Assembly, praying
that they may be incorporated for the purpose of opening, by means of
locks, dams or canals, or by any other ways or means, not destructive to
the rights of any other citizen, the navigation of Broad and Pacolet Rivers,
from Friday's Ferry, on the Congaree River, to the mouth of King's
Creek, on Broad River, and Grindon's Shoals, on Pacolet River; and hav-
ing represented it as a work of great public utility, pray to be invested with
ample powers, privileges and immunities, for carrying their purpose into
speedy effect, and that they may be known by the name or title of "The
Company for opening the navigation of Broad and Pacolet Rivers."
I. Be it therefore enacted, by the Honorable the Senate and House of Rep-
resentatives, now met and sitting in General Assembly, and by the autho-
rity of the same, That the said petitioners, and such others as shall be ad-
mitted into the said company, be, and they are hereby, incorporated, by
the name or title of "The Company for opening the navigation of Broad
and Pacolet Rivers."
n. And be it further enacted by the authority aforesaid. That the said
company, by the name and style aforesaid, shall and may sue and be sued,
implead and be impleaded, in any court within this State; and that they
may frame any rules or regulations and make by-laws for their own go-
vernment, and may appoint their own officers ; provided, such rule, regula-
lation, by-law or appointment, be not inconsistent with or repugnant to any
law of this State.
HI. And be it further enacted by the authority aforesaid. That the said
company shall and may cause a navigation to be made on the rivers
aforesaid, by means of locks, dams and canals, or such other mode as they
may conceive most conducive to effectuating their purpose, from Friday's
Ferry, on Congaree River, to the mouth of King's Creek, on Broad River,
and Grindon's Shoals, on Pacolet River ; and that they, and their succes-
sors for ever, shall and may fix, and shall be entitled to take and receive, by
way of toll , fbr all goods and produce carried through, and all boats, vessels
and craft, lumber or rafts, passing on or through the said river, within the
limits aforesaid, such sums or rates as the said company may impose, not
exceeding, at any time, twenty-five pounds per cent per annum on the
money which they may have spent in opening and keeping in repair the
said navigation, (to ascertain which, the books of the company shall
always be liable to the inspection of the Legislature ;) that the said toll
shall be payable in current money of the State ; and that the said compa-
ny, or their agents, may stop any goods, boats, craft or rafts, from passing
on the said rivers, until payment of the toll.
IV. And be it further enacted by the authority aforesaid. That the said
company shall have power to open and keep open such road and roads, on
each side of the banks of said rivers, as they may deem necessary for the
use of the navigation aforesaid, and to purchase, for themselves and their
successors for ever, all such lands as they may think conveninent and ne-
cessary ; and in cases where it is necessary that the company shall possess
OF SOUTH CAROLINA. 559
Act.0 relating to Rivers. ^•'^- '^'^•'^^
land for carrying on the work, which they cannot agree for with the tenant,
it shall be taken at the valuation of five persons, appointed by the court of
common pleas; which land, upon the payment of the sum at which it
was valued, shall be recorded as the property of the company and their
successors for ever.
V. And be it further enacted by the authority aforesaid, That from the
time of the said navigation's being opened, the company shall be obliged to
keep it in good and sufficient repair, order and condition, on pain of being
answerable for any wilful neglect or default.
VI. And be itfurtlier enacted by the authority aforesaid, That the shares
in said company, forever, shall be exempted from any rate, tax or duty
whatsoever ; and that the said shares may be sold, transferred, assigned or
bequeathed by the proprietors, respectively ; and in cases of intestacy,
shall descend as personal estate, according to the statute of distribution.
VII. And be it further enacted by the authority aforesaid. That if any
person shall, wilfully and maliciously, cut, break down, damage or destroy
any bank or other work, erecting or erected and made for the purpose of
said navigation, such person shall be adjudged guilty of felony, and, on
conviction, shall be compelled to work in chains upon the said navigation,
for any term of years not exceeding seven. And any person throwing
dirt, trees, stones, or other kind of rubbish, so as to obstruct the navigation
or prejudice the works, shall answer to the company for treble the damages
sustained thereby.
VIII. And be it furtJier enacted by the authority aforesaid, That the^
said company may use any materials in the vicinity of said navigation, the
value of which shall be ascertained in like manner as the value of land
which the company may take, as aforesaid, in case they and the owners
cannot agree about the price thereof.
IX. And be it further enacted hy the authority aforesaid. That to all lands
within two miles of the rivers so to be navigable, as aforesaid, which have
not been granted to any person heretofore, the said company and their
successors, shall have an exclusive right, provided they survey and obtain a
grant for the same, within three years from and after the passsing of this
Act. And the said company may collect and reserve water for the use of
their canals and locks, making satisfaction for the damages done thereby;
the said damages to be ascertained in the manner above described with
respect to the value of land.
X. And be it further enacted by the authority aforesaid. That the said
company and their successors, from time to time, for ever, shall be capa-
ble of purchasing or acquiring, holding and possessing, and of selling and
disposing of, any negroes or other goods and chattels, as well as of any
lands or real estates.
XI. And be it further enacted by the authority aforesaid. That if any
person shall be sued for any thing transacted in consequence of this Act,
he may plead the general issue and give this Act in evidence.
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 the twelfth year of the Independence
of the United States of America.
JOHN LLOYD, President of the Senate.
JOHN JULIUS PRINGLE, Speaker of the House of Representatives.
STATUTES AT LARGE
Acts relating to Rivers.
No. 1485. AN ORDINANCE to oblige all the Male inhabitants, FRoai
THE AGE OF SIXTEEN TO FIFTY YEAKS, RESIDING WITHIN TWENTY
MILES OF Black Mingo Ferry, (who use Black Mingo Creek to
SENT) their crops TO MARKET,) TO WORK ON AND LAY OPEN THE
NAVIGATION OF BlACK MiNGO CrEEK, FROM ITS CONFLUENCE WITH
Black River to Black Mingo Bridge, and for appointing Com-
missioners FOR carrying the SAME INTO EXECUTION.
WHEREAS, many of the inhabitants residing in the neighborhood of
Black Mingo, in the district of Georgetown, have labored iindtr many and
great inconveniences, by reason of the said creek being very much
obstructed by the many logs and trees fallen therein, in ditlerent places;
and owing to the said obstructions, the vessels which use the same asking
exorbitant freights for carrying said inhabitants's produce to market
I. Be il 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 all the male inhabitants, from the age of sixteen
to tifty years, residing within twenty miles of Black Mingo Ferry, who
make use of the said creek to send their crops to market, (the commissior-
ers hereafter named to be judges thereof,) shall be liable to work on and
clear the said creek from obstructions, and to open the navigation thereof,
from its confluence with Black River, to Black Mingo Bridge ; but sha 1
not be compelled to work on the same for a longer time than six days in
every year.
n. And be it further ordained by the authority aforesaid. That Capt.
Anthony White, Patrick Bollard, Esq., and James Zuill, of Black Minf o
Ferry, be, and they are hereby, appointed commissioners for carrying this
Ordinance into execution ; and that the said commissioners, or a majority
of them, shall have the same powers and authority for opening the said
navigation, as any commissioners for high roads and public paths in any
part of this State are vested with ; any law, usage or custom to the contra-
ry notwithstanding.
_ In the Senate House, the twentieth day of March, in the year of our Lord one thou-
sand seven 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, Speaker of the House of Representatives.
OF SOUTH CAROLINA.
Acts relating to Rivers.
AN ACT FOR OPENING AND IMPROVING THE NAVIGATION OF GrEAT No. 1505,
Peedee, Wateree, Congaree, Broad River, Savannah, Keowe,
TUGALOO AND BlACK RiVERS, LyNCh's, BlACK, JeFFRIe's AND CaT"
FisH Creeks.
I. Be it enacted, by the Honorable the Senate and House of Representa-
tives, now met and silting in General Assembly, and by the authority of
the same. That Tristam Thomas, Morgan Brown, William Pegues, Esq'rs.,
Barron Paelnit, Alexander M'Intosh, Moses Pearson, William Strother,
Nathaniel Sanders, Samuel Benton, Thomas Evans, and Richard Brock-
ington, be, and are hereby appointed, commissioners to open and improve
the navigation of Great Peedee River, from the North Carolina line down
to the mouth of Black Creek, and shall be called and known by the name
of the Upper Board of Commissioners on Peedee ; and that all tiie male in-
habitants, between the ages of sixteen and tifty years, living within six
miles of said river, shall be, and they are hereby made, liable to work on
the same, under the direction of said commissioners, for the space of six
days in a year, if required, and no more.
n. And he it further enacted by the authority aforesaid. That William
Wilson, John M'Kee, Moses Murfee, Gavin Witherspoon, John Wither-
spoon, John Dozer, John Porter, Shadrach Simons, John Gregg, Thomas
Benton, Abel Goodman, and James Greer, be, and they are hereby appoin-
ted, commissioners to open and improve the navigation of Great Peedee
River, from the mouth of Black Creek down to Euhaney, and shall be
called and known by the name of the Lower Board of Commissioners on
Peedee ; and that all the male inhabitants, between the ages of sixteen and
fifty years, living within six miles of said river, shall be, and they are here-
by made, liable to work on the same, under the direction of said commis-
sioners, except such persons within six miles, as aforesaid, who may live
nearer to Black Creek, Jeffrie's Creek, and Lynch's Creek, than to the
said River ; which persons so excepted shall be, and they are hereby
made, liable to work on said creeks, respectively.
\\\. And be it furf.hcr enacted by the authority aforesaid, That Lata-
more Edmonds, William M'Muldrow, Andrew Hunter, Henry Cannon,
John King, John Sanders, and Albert Fort, are hereby appointed commis-
sioners for improving the navigation of Black Creek, from the mouth of
said creek as far up as the fork; and that all the male inhabitants, living
within four miles on each side of the said creek, between the ages of six-
teen and fifty years, are hereby made liable to work on the said creek, not
more than six days in any one year.
IV. Be it Jv,rther enacted by the authority aforesaid, That Needham
Lee, Daniel Dubose, John Castles, John Huggins, James Marshal, Charlts
Evans, George Evans, John Piget, Elias Dubose, Absalom Sauls, Andrew
Dubose, Elisha Mayce, James Rochel, and Jesse Minton, Esq Vs., be,
and they are hereby appointed, commissioners to open and improve the
navigation of Lynch's Creek, from the plantation of Captain Charles
Evans, down to the Effingham Mills, and shall be called and known by the
name of the Upper Board of Commissioners on Lynch's Creek ; and all
the male inhabitants, between the ages of sixteen and fifty years, living
within five miles of said creek, from four miles above Captain Charles
Evans's down to the mills aforesaid, shall be, and they are hereby made,
liable to work on said creek, under the direction of said commissioners,
for the space of six days in a year, if required, and no more.
VOL. Vn.— TL
562 STATUTES AT LARGE
A. D. 1791. Xcts relating to Rivers.
V. And he it further enacted by the authority aforesaid, That WilHam
Goddard, Austin Stone, John Simmons, Lewis Howell, John Smith, Rob-
ert Ellison, John James, James Brown, Josiah Corkfield, Zachariah Cato,
and Zachariah Nettles, Esq'rs., be, and they are hereby appointed, com-
missioners to open and improve the navigation of Lynch's Creek, from the
Effingham Mills to the mouth thereof, and shall be known by the name of
the Lower Board of Commissioners on Lynch's Creek ; and all the male
inhabitants between sixteen and fifty years of age, living within tive miles
of said creek, and not within six miles of Great Peedee, shall be, and they
are hereby made, liable to work on said creek, under the direction of said
commissioners, for the space of six da3's in a year, if required, and no
more.
VL And he it further eiiacted by the authority aforesaid. That Whan
Moore, Joseph Lloyd, Isaac Ross, jun., Douglass Stark, Samuel Boykin,
John Chesnut, William Whitaker, Duncan MRa, John Kershaw, and Za-
chariah Cantey, Esq'rs., be, and they are hereby appointed, commissioners
to open and improve the navigation of the Wateree river, from the falls,
near Mr. Chcsnut's Ferry, down to the confluence of Wateree and Conga-
ree, and shall be called and known by the name of the Wateree Board of
Commissioners ; and all the male inhabitants between sixteen and fifty
years of age, living within six miles of said river, except such that live
nearer to the Congaree than to the Wateree river, shall be, and they are
hereby made, liable to work on said Wateree river, under the direction of
said commissioners, for the space of six days in a year, if required, and no
more.
VII. A7id he it further enacted by the authority aforesaid, That Rich-
ard Hampton, James Taylor, Robert Lithgow, Joseph Culpepper, William
Howell, jun., John James Haig, John Threewits, Joel Adams, William
Russell Thomson, Richard Brown, Alexander Blair, and John ,
Esq Vs., be, and they are hereby appointed, commissioners to open and im-
prove the navigation of Congaree River, from the confluence of Broad and
Saluda Rivers, to the confluence of Congaree and Wateree Rivers, and
shall be called and known by the name of the Congaree Board of Com-
missioners ; and all the male inhabitants between the age of sixteen and
fifty years, living within six miles of said river, and who do not live nearer
to Wateree than Congaree River, shall be, and they are hereby made,
liable to work on said Congaree River, for the space of six days in a year,
if required, and no more.
VIII. And he it enacted by the authority aforesaid. That Andrew Pick-
ens, Robert Anderson, Benjamin Claveland, Nicholas , and Moses
— — , Esq Vs., be, and they are hereby appointed, commissioners to open
and improve the navigation of the River Keowee, from Fort Prince George,
on said river, to the confluence of Tugoloo and Keowee, and on Tugoloo,
from Chawgee creek to the confluence of said river and Keowee, and
from thence down Savannah river to the old boundary line, and shall be
called and known by the name of the Pendleton County Board of commis-
sioners ; and that Richard Barksdale, Robert Allen, Thomas W^inn, John
Hamilton, and Peter — , -, Esq'rs , be, and they are hereby appointed,
commissioners for that part of Savannah river between the old boundary
line and the mouth of Long-Cane creek, and shall be called the Abbeville
County Board of Commissioners ; and that Hugh Middleton, Robert Ware,
LeRoy Hammond, Thomas Key, and Dury Pace, Esq'rs., be, and they are
hereby appointed, comirjissioners for that pajrt of Savannah river between
OF SOUTH CAROLINA 563
Acts relating to Rivers. . A.I). 1791.
the mouth of Long-Cane creek and Col. Hampton's Bridge, opposite to
Augusta, and shall be called the Edgefield County Board of Commissioners;
and that all male inhabitants, between the age of sixteen and fifty years,
living within six miles of the said rivers, shall be obliged to work on the
same, not exceeding the space of ten days in one year, and no more, and
shall not be compellable to work on any or either of said rivers out of their
respective districts. And the said three last mentioned boards of commis-
sioners shall constitute one board for the purpose of receiving and appro-
priating all such sums of money as shall be subscribed or given for the im-
provement of the navigation of the said three rivers ; and all monies so
received shall be applied at the discretion of a majority of the said board.
But in all other cases they shall be considered as separate boards.
IX. And be it further enacted by the authority aforesaid, That Benjamin
Davis, Minor Henry Davis, jun., Joshua Avent, and William Keefie, be,
and they are hereby appointed, commissioners to open and improve the
navigation of Catfish creek, and shall be called and known by the name of
the Board of Commissioners of Catfish creek; and that all the male inhab-
itants, between the ages of sixteen and fifty years, residing within three
miles of the said creek, from the mouth of the said creek up to the cause-
way near Thomas Godbolt's plantation, shall be, and they are hereby made,
liable to work on the said creek, under the direction of the said commis-
sioners ; prodded, that no person be made liable to work thereon more
than six days in one year.
X. And be it further enacted by the authority aforesaid, That Francis
Green, William Lister, John Murray, William Moore, William Healthly,
Robert Witherspoon, Robert Irvin, John Greyham, and John Robinson, be,
and they are hereby appointed, commissioners to open and improve the
navigation of Black River, from Benbow's ferry down to North's ferry,
on said river, and shall be called and known by the name of the Black
River Board of Commissioners ; and all the male inhabitants, between the
ages of sixteen and fifty years, Uving within three miles of said river, shall,
and they are hereby made liable to, work on the same, under the direction
of said commissioners, six days in a year, if required, and no more.
XI. Be it enacted by the authority aforesaid, That the said respective
boards of commissioners shall have full power and authority, when they
shall think necessary, to summon all the said male inhabitants, giving two
days previous notice, to work on said rivers or creeks in their respective
districts ; and if any person or persons shall refuse or neglect to go or send
their male slaves, when summoned by the commissioners aforesaid, or by
any person by them appointed for that purpose, every such person shall
forfeit and pay a sum not exceeding two dollars per day, at the discretion
of the commissioners, for himself, and one dollar per day for every male
slave so neglected or refused to be sent, to be recovered by immediate war-
rant of distress, under the hands of any three or more of the commission-
ers, against any of the goods and chattels of the defaulters, which, after
ten days public notice, shall be sold for the purpose of paying the fine afore-
said, and charges accruing thereon; and the overplus, if any, returned to
such defaulter. And all fines so recovered shall be by the commissioners
appropriated to the improvement of the navigation of the respective
rivers or creeks where the defaulter is made liable to work.
XII. And be it further enacted by the authority aforesaid. That the seve-
ral and respective boards of commissioners herein before appointed, shall
have full power and authority to divide their respective districts into smaller
564 STATUTES AT LARGE
A . IJ. 1791. jicts relating to Rivers.
ones, and direct what hands shall work therein. They shall also appoint
overseers of said small districts, and the overseers so appointed are hereby
impowered moderately to correct all such male slaves as shall refuse or ne-
gleet to do his work when present ; the overseer shall return his name to
the commissioners, who shall fine him, for the first otfence, a sum not
exceeding two dollars, and for the second offence, a sum not exceeding ten
dollars, at the discretion of the commissioners, to be recovered and appro-
priated as other fines herein before mentioned. And if any of the overseers
to be appointed by virtue of this Act, shall refuse or neglect to serve and
do liis duty, agreeable to law and the direction of the commissioners, he
shall forfeit and pay a sum not exceeding ten pounds, at discretion of the
commissioners, to be recovered and appropriated as herein before mention-
ed. Provided, that no person shall be compelled to serve as an overseer
more than one year in any term of three years.
XIII. Be it further enacted by the authority aforesaid, That the seve-
ral and respective boards herein before appointed, shall be, and they are
hereby, fully authorized and impowered to take and make use of any boats,
flats or canoes, within their respective districts, for the purpose of impro-
ving the navigation of their respective rivers or creeks, (except such as are
kept for the use of any public ferry,) and shall return the same to the place
where taken from, or to the landings of the proper owners. Provided, that
no boat, flat or canoe shall be detained from the owner more than ten days
in any one year.
XIV. And he it further enacted by the authority aforesaid. That the
several and respective boards of commissioners, according to their several
divisions, shall have full power and authority to cut down and make use of
any timber wood, earth or stone, in or near their respective rivers or creeks,
for the purpose of improving the navigation of the same, as to them shall
seem necessary. And if any person or persons shall stop up, or in any wise
injure or impede the navigation of said rivers or creeks, by felling trees,
rolling of logs, rocks, &;c., into them, such person or persons so offend-
ing shall forfeit and pay a sum not exceeding five pounds for every such
offence, at the discretion of the commissioners, and shall also be com-
pelled to remove all such obstructions by him or them occasioned.
XV. And be it further enacted by the authority aforesaid. That the
several and respective boards of commissioners shall be, and they are here-
by, fully authorized and required, at all such places as may think it
necessary, to fix and establish buoys or other way marks, directing boats
or other vessels to the proper channel ; and also to erect and establish
such posts or beams as they may think necessary, for assisting boats and
other craft in warping over difficult places ; and if any person or persons
w-hatever shall wilfully remove or destro}- any buoys, way-marks, posts or
beams so established, such person or persons shall forfeit or pay for every
such offence a sum not exceeding five pounds, at the discretion of the com-
missioners, to be recovered and appropriated as hereinbefore directed, and
shall also be liable to make good all damages by him or them so done.
XVI. And be ?«" y^r^/^er fwoc/^e^ by the authority aforesaid. That if any
vacancy shall happen in any of the boards of commissioners hereinbefore
appointed, the remaining commissioners of the board having such vacan-
cy, or a majority of them, at their next meeting, shall choose some fit per-
son to fill up such vacancy, and the person so chosen is hereby declared
to be a commissioner, and ve.sted with all the powers and authorities by this
Act given to any of the commissioners hereinbefore named.
OF SOUTH CAROLINA. 665
Acts relating to Rivers. A. n. 1794.
XVII. And he it further enacted hy the authority aforesaid, That the
several and respective boards of commissioners hereinbefore appointed, and
their successors, or a majority of them, respectively, shall have full power
and authority to receive subscriptions and donations that may be given for
the improvement of the navigation of their respective rivers or creeks, and
shall appropriate all such monies to that purpose ; and said boards, respec-
tively, are hereby fully authorized and empowered to sue for and recover
all such monies as shall at anytime be subscribed, and all forfeiture.^,
before any justice of the peace, or court having jurisdiction of the same.
XVIII. And be it further enacted by the authority aforesaid. That
if any person or persons whatsoever, shall be sued, prosecuted or molested,
for any matter or thing done by virtue of this Act, such person or persons
may plead the general issue and give this Act and the special matter in
evidence; and in case the plaintiff or plaintiffs shall suffer a discontinuance,
or verdict or judgment shall pass against him or them, the defendant or
defendants shall be allowed their double costs of suit.
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.
AN ACT FOR OPENING THE NAVIGATION OF PiNETREE CrEEK, FROM No. 1596.
THE MOUTH OF SAID CREEK TO THE FORKS THEREOF NEAR CaMDEN.
WHEREAS, sundry inhabitants of the town of Camden, and other
parts of Camden district contiguous thereto, have, by their petition to the
Legislature, represented, that the opening of the navigation of Pinetree
Creek, from the Wateree river as high up the said creek as the forks there-
of, by means of dams, canals, locks, and clearing the obstructions in the
said creek, would be of great advantage and public utiHty.
I. Be it therefore enacted, by the Honorable the Senate and House of
Representatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the proprietors
of the lands whereon Col. Kershaw's lower mills on the said creek were
formerly erected , shall and may cause the said creek to be made navigable
from the mouth thereof to the place where Merchant Mills are now erect-
ing, by the present proprietor, (Thomas Brown,) by means of dams, locks,
canals, and clearing the obstructions now in the way, or in such other man-
ner as shall seem to them most fit and convenient.
II. And he it further enacted by the authority aforesaid. That the pro-
prietors of the mills erected, and the proprietors of the mills which may be
erected, upon both branches of the said creek, above the forks thereof, or
either of them, shall and may open and continue the navigation of the said
creek, from the lower mills, as high up the creek as to the forks thereof, by
means of canals, dams locks, and clearing the obstructions in the said
creek, or in such other manner as to them shall seem most fit and conve-
566 STATUTES AT LARGE
A. D. UM. Acts relating to Rivers.
nient ; provided, that no injury be clone thereby, either to the mills that are
or may be erected below the said forks.
In the Senate Housp, the seventeenth day of December, in the year of our Lord one thou-
sand seven hundred and 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 the House of Representatives.
No. 1603. AN ACT to enable the commissioners therein appointed, to clear
out and rebiove the obstructions in that branch of ashepoo
River which is called the Horse Shoe Creek, and to cut oh
SINK AND keep IN REPAIR, A DrAIN OR CaNAL, FROM THE HEAD OF
THE SAID CREEK, UP THE SWAMP CALLED THE RoUND O SwAMP,
TO THE JUNCTION OF THE TWO BRANCHES OF THE SAID SWAMP, AT THE
PLANTATION KNOWN BY THE NAME OF GiLKICKEr's ; FOR OPENING
Lowder''s Lake ; and for other purposes 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
the same, That that branch of Ashepoo river which is called the Horse
Shoe creek, shall be well cleared out, and all obstructions therein shall be
removed, and the same shall always be kept clear ; and that a drain or
canal, from the head of the said creek up the swamp called the Round O
Swamp, to the junction of the two branches of the said swamp, at the
plantation called Gilkicker's, shall be cut, sunk and made, in the manner
and by the persons hereinafter appointed for that purpose.
n. And be it further enacted by the authority aforesaid, That Col.
William Fishburn, Dr. James Perry, John Logan, and John Postell, Esqrs.
and Dr. James Clitherall, be, and they are hereby, appointed commission-
ers for the purposes in this Act mentioned ; and that upon the death or
resignation of either of them, or any commissioner hereafter to be ap-
pointed, the vacancy shall be filled up by the appointment of the remain-
ing commissioners, and he shall have the same power and authority as
the commissioners first appointed ; and that any three of the said commis-
sioners shall be a board or quorum to do any business respecting the said
creek and canal or drain, arising out of this Act ; and all acts, orders and
resolutions, passed, carried or done, by the votes of a majority of the com-
missioners present at any meeting, shall be valid, legal and effectual, to all
intents and purposes.
HL And be it further enacted by the authority aforesaid, That if the
commissioners appointed as aforesaid, shall fail to fill up the vacancy within
twelve months from the time when they shall happen, each and every of the
commissioners so failing, shall forfeit and pay the sum of fifty pounds, to
any one of the proprietors of land on the said swamp, who shall sue for
and prove the same in the circuit court of the district.
OF SOUTH CAROLINA. 567
Acts relating to Rivers. ^- ^- T^^^*.
IV. And be it further enacted by the authority aforesaid, That the said
commissioners shall hold their first meeting at such time and place as a
majority of them may agree upon for that purpose, and that at that, and
every meeting afterwards to be held, they shall adjourn to some certain
time and place, by them to be then appointed ; and that they shall meet
twice or oftener in every year; the chairman of the board, or any three
commissioners, shall, however, have power to call extraordinary meetings.
V. And he it further enacted, by the authority aforesaid. That if any com-
missioner shall fail or neglect to attend any stated meeting, or any extraor-
dinary meeting, after having had two days notice of such meeting, he shall
forfeit the sum of ten pounds; and if, while the laborers are actually at
work, he fail or neglect to attend at the place for that purpose appointed, for
every day's absence he shall forfeit the sura of two pounds ; unless in
either of these cases he shall offer, at the next stated meeting, such an
excuse as a majority of the board shall determine to be good and suffi-
cient.
VI. And he it further enacted by the authority aforesaid. That the said
board shall have power to employ a surveyor to lay out the canal aforesaid,
in as ample a manner as they shall judge necessary or proper ; and that the
expenses thereof shall be paid by an assessment, by them to be laid, rated
and levied upon every slave hereinafter declared to be liable to work on the
said canal ; that they shall have full authority to have the said canal or
drain made as deep, and to have any such banks made thereto, as they
may deem necessary and proper ; and to have one or more locks made in
the said canal, and to build new bridges over the said creek and canal, and
to enlarge or alter any bridge now erected , or hereafter to be erected, over
the said creek or canal, in such manner as they may think advisable or
requisite ; and that they shall be empowered to cut down or use for the
said creek or canal, any trees or timber, or any earth or stone, that may be
found on or near the course of the said creek or canal ; any law, usage or
custom to the contrary thereof in any wise notwithstanding.
VII. And he it further enacted hy the authority aforesaid, That every
person owning or possessing any slave or slaves, residing upon the planta-
tions in the said swamp, shall, upon oath, return to the said commissioners,
whenever by them required, the name of every slave, male or female,
from the age of sixteen to fifty years, both included, whom he or she may
so own or possess as aforesaid ; and if any such person shall fail or neglect
to make such return within the time for that purpose to be prescribed by
the said board, he or she shall forfeit the sum of three pounds sterling, for
every slave not returned as is above directed ; to be recovered, levied and
raised, by warrant under the hand and seal of the chairman of the said
board, or any three of the commissioners, directed to such person or per-
sons as he or they may think fit to name for that purpose.
VIII. And be it further enacted by the authority aforesaid, That every
slave falling within the description in the next preceding clause contained,
shall be liable to work on the said creek and canal ; and whenever the said
commissioners shall think it proper to call out the said slaves upon the said
work, they shall give at least two days previous notice thereof, to their own-
ners,if they then be upoh the plantations, and if not, to the managers or over-
seers upon the said plantations ; and if there should be no owner, manager or
overseer, upon either of the said plantations, then to the driver belonging
thereto ; and after having given such notice, every such slave shall, at the
time appointed by the board, repair to the place for that purpose appointed,
568 STATUTES AT LARGE
A. D. 1794. Acts relating to Rivers.
each male carrying with him a spade and an axe, and each female, a hoe ;
and if any such slave shall fail or neglect to appear at the time and place
so appointed, with the implements aforesaid, the owner thereof shall forfeit
one dollar for every day during which such slave shall be absent ; to be
levied, recovered and raised, in the same manner as is prescribed in the
seventh clause of this Act for the recovery of the penalty therein men-
tioned ; unless such owner shall, at the next regular or stated meeting of
the board, orler such excuse as they may think sufficient. Provided
always, tiiat the said commissioners shall not compel any slave to work
upon the said creek or canal longer than twelve days in the course of any
one year.
IX. And, he it further enacted by the authority aforesaid, That the said
board shall always have power to summon, by a previous notice of at least
two days, all the white inhabitants living upon the plantations above men-
tioned, who are liable to do patroll duty, to appear well armed and accou-
tred, at the time and place where the slaves are to be employed, and upon
being so summoned, every such white inhabitant shall be bound to attend ac-
cordingly, and to execute all orders given to him by either of the commis-
sioners, for the superintendance and management of the said slaves, and
to preserve among them peace and good order ; and if either of the said
white inhabitants shall fail or neglect to attend as is above directed, or to
execute the orders given him by either of the said commissioners, he shall
forfeit two dollars for such neglect or disobedience of orders, and for each
day's default ; to be levied, raised and recovered, in the same manner as the
penalty in the seventh clause of this Act is directed to be recovered ; unless
at the next regular or stated meeting of the board, he shall offer a sufficient
excuse to them.
X. And be it further enacted by the authority aforesaid. That if any
person shall oppose, hinder or interrupt either of the commissioners afore-
said, in the exercise of his duty, or shall in any manner obstruct the
passage or current of the water in the said creek or canal, and shall fail or
neglect completely to remove such obstruction within twenty-four hours
after being directed or warned to do so by either of the commissioners, or
shall wilfully injure, hurt, endamage or impair any bank of the said canal,
he or she shall, for either of these offences, forfeit the sum of fifty pounds
sterling, to be recovered in the most summary manner, before any one or
more of the judges of the court of common pleas, who shall not in any
such case allow the defendant the benefit of an imparlance, but shall
compel him to come to trial without delay.
XI. And be it further enacted by the authority aforesaid, That no per-
vson shall be allowed to stop the canal, or divert the course of the water
thereof, otherwise than by flood gates, to be approved of by the commis-
sioners, nor at any other time or times, nor for any greater length of time,
than they may permit.
XII. And be it further enacted by the authority aforesaid. That every
penalty recovered by virtue of this Act shall be appropriated by the com-
missioners to defray such expenses as may be incurred in clearing out and
keeping clear the said creek, and making and keeping in repair the said
canal, or erecting or altering any bridge or bridges over the said creek or
canal.
XIII. And whereas, sundry inhabitants of Darlington county have peti-
tioned the Legislature to clear and keep open Lewder 's Lake, from Herring
OF SOUTH CAROLINA. 569
Acts relating to Rivers. ■*• ''• ^^^^•
Creek to the mouth thereof : Be it therefore enacted by the authority afore-
said, That all the male inhabitants, from the age of sixteen to fifty years,
residing within one mile and a half of the said lake, shall be liable to clear
and keep open Lowder's Lake, from Herring Creek to the mouth of the
said lake. Prodded nevertheless, that nothing herein contained shall be
construed to exempt any of the above hands from working on Peedee river,
but they shall be exempted from working on Black Creek. And that Rich-
ard Brockington, WiUiam Brockington, George McCall, and Charles
Dewctt, be, and they are hereby, appointed commissioners for carrying into
execution this Act, as far as it respects Lowder's Lake.
In the Senate House, the twentieth day of December, in the year of our Lord one
thousand seven hundred and ninpty-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 TO AtJTHORIZE THE COMMISSIONERS THEREIN APPOINTED, No. 1616.
TO CLEAR OUT AND REMOVE THE OBSTRUCTIONS IN THE RIVER SA-
VANNAH, BETWEEN Vienna and Campbelton, and the town of
Augusta ; and to draw a Lottery or Lotteries for that pur-
pose.
WHEREAS, it is represented that the opening of the navigation of the
fiver Savannah, between Vienna and Campbelton in this State, and the
town of Augusta in the State of Georgia, will be attended with great
advantages.
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 river Savannah, between Vienna and
Campbelton, on the one side, and Augusta on the other, be cleared out, and
the obstructions therein removed, by the persons hereinafter appointed for
that purpose.
II. And be it further enacted by the authority aforesaid, That Peter
Gibbart, Flemming Bates, William Leslie, Julius Nichols, jr. Charles Jones
Colcock, Wilham Tateham, and Colonel John Glen, be, and they are
hereby, appointed commissioners for the purposes in this Act mentioned;
and that upon the death or resignation of either of them, or of any commis-
sioner hereafter to be appointed, the vacancy shall be filled up by the ap-
pointment of the remaining commissioners, and he shall have the same
power and authority as the commissioners first appointed ; and that any
five of the said commissioners shall be a quorum to do any business respect,
ing the said navigation, and shall make all necessary orders, contracts and
regulations concerning the same, which shall be valid and effectual to all
intents and purposes.
III. And be it further enacted hy the authority aforesaid. That the said
commissioners be, and they are hereby, vested with full power and authori-
ty to make and proceed to the drawing and concluding of one or more
VOL. VII.— 72.
570 STATUTES AT LARGE
A. D. 1795. Acts relating to Rivers.
lotteries for the above purpose ; provided, they do not, by the said lotteries,
raise more than the net sum of one thousand two hundred pounds.
In the Senate House, the twelfth day of December, in the year of our Lord one thousand
seven hundred and ninety-five, and in the twentieth year of the Independence of the
United States of America.
DAVID RAMSAY, President of the Senate.
ROBT. BARNWELL, Speaker of the House of Representatives.
No. 1618. AN ACT to EaiPOWER commissioners therein named, to cut, sink
AND keep in repair DraINS AND WaTER PASSAGES IN CaCAW
Swamp, in St. Paul's Parish.
WHEREAS, the several laws heretofore passed for sinking drains and
water passages in Cacaw Swamp, have not proved effectual for the purpo-
ses thereby intended.
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 John Wilson, Dr. James Hartley, Joseph
Farr, John Boyle, Dr. Meyler, Thomas Roper, and William Washington,
Esqrs., shall be, and they are hereby, appointed commissioners for, and
they, or a majority of them, or of their successors, are hereby authorized and
empowered, within such time as they may think most convenient, to lay
out, cut, sink, maintain, and keep in repair, and to agree and contract
for laying out, cutting, sinking, maintaining and keeping in repair, either
in part or in the whole, such one or more free drains or canals, and in such
places, courses and directions, and of such length, depth, width and extent,
and in such manner, way and form, as they, or a majority of them, or of
their successors, may deem most advisable and advantageous, so as to
carry off the waters and be navigable from the causeway at Drayton's
Cowpen, on one branch of the said swamp, and from the plantation of the
Honorable General William Washington, called Bull's, on the other branch
of the said swamp, into Wallace's Creek.
H. And be it further enacted by the authority aforesaid, That the said
commissioners, or a majority of them, or of their successors, shall have
full power and authority to employ overseers, to inspect and superintend
the making, cutting, sinking, and keeping in repair, the said drains and
canals, and to do all such things as they may think will best tend to carry
this Act into execution ; and that the said commissioners, or a majority of
them, or of their successors, shall choose three disinterested freeholders of
the parish of St. Paul, who shall fix and ascertain, upon oath, the value of
all the swamp lands lying in the neighborhood of the said canals, or either
of them, and the ratio or proportion in which they will be benefited by the
same, and also the ratio or proportion in which the negroes belonging to
the owners of the said lands, and liable to work upon the said drains and
canals, ought to be assessed, according as their lands may be benefited by
the said drains and canals, and shall deliver to the said commissioners the
valuation and ratio so made, under their hands and seals ; and the said com.
OF SOUTH CAROLINA. 571
A.cti> relating to Rivers. ^'^ ^9^-
missioners, or a majority of them, or of their successors, shall thereupon
make an assessment on the several owners of all such lands and slaves, ac-
cording to the valuation and ratio aforesaid, which may be sufficient to pay,
and shall be paid to the said commissioners, or a majority of them, or of
their successors, or to such person or persons as they may appoint to re-
ceive the same, for the purposes of paying the expense of making and keep-
ing in repair the said canals and drains, and all charges incident thereto,
whether the same be done by contract or otherwise.
III. And be it further enacted by the authority aforesaid. That if any
person or persons, by themselves or their servants, slaves or others, shall
by any ways or means, hinder, oppose or obstruct the said commissioners,
or either of them, or their successors, or either of them, or any person or
persons by them employed or appointed, or any servant, workman or laborer
of any person so employed or appointed, from making, cutting, sinking,
clearing or keeping in repair either of the said drains or canals, or any part
of either of them, or from cutting down any trees, filling up any hollows,
ditches, drains or canals, or from making use of any timber, wood, earth or
stone, situate near either of the said canals or drains, which may be neces-
sary for the making or keeping in repair the said drains or canals, or shall
obstruct, stop, or in any degree prevent the free passage of water through
either of the said drains or canals, or any part thereof, shall forfeit the sum
of one hundred pounds sterling ; to be recovered by action of debt, in any
court of record having sufficient jurisdiction in this State, and to be ap-
plied to the making and keeping in repair the said drains and canals.
IV. And he it Jurther enacted hy the authority aforesaid, That if either
of the commissioners above named, or hereafter to be appointed, should
leave this State, resign, or refuse or neglect to act, and when any
racancy may happen by death, the rest of the commissioners shall, within
twelve weeks thereafter, elect one or more proper persons to supply the
place of such one or more commissioners as may have so departed this
State, resigned, died, or refused or neglected to act ; and in default of such
election, the Governor or Commander-in-chief for the time being shall fill
up the vacancy ; and the person or persons so elected by the remaining
commissioners, or appointed by the Governor, shall be invested with, and
he and they may lawfully use, exercise and enjoy, the same powers and
authorities, and in as full and ample manner, to all intents and purposes
whatsoever, as the commissioners hereby appointed, can, or lawfully may
do, or of right might or ought to do.
V. And be it further enacted, by the authority aforesaid, That the said
commissioners shall hold their first meeting at such time and place as a
majority of them may agree upon for that purpose ; and that at that, and
every meeting afterwards to be held, they shall adjourn to some certain
time and place, by them to be then appointed, and that they shall meet
twice or oftener in every year. But the chairman of the board, or any four
commissioners, shall, however, have power to call extraordinary meetings.
VI. And be it further enacted by the authority aforesaid, That if any
commissioner shall fail or neglect to attend any stated meeting, or any ex-
traordinary meeting, after having had two days notice of such meeting, he
shall forfeit the sum of ten pounds ; and if while the laborers are actually
at work, he fail or neglect to attend at any place for that purpose appointed,
for every day's absence he shall forfeit the sum of two pounds ; unless in
either of these cases he shall offer at the next stated meeting such an ex-
cuse as a majority of the board shall determine to be good and sufficient.
572 STATUTES AT LARGE
A. D. 1795. Acts relating to Rivers.
VII. And he it further enacted by the authority aforesaid, That any
four of the said commissioners shall be a board or quorum to do any busi-
ness arising out of this Act ; and all acts, orders and resolutions, passed,
carried, or done by the votes of a majority of the commissioners present at
any board or meeting, shall be valid, legal and effectual, to all intents and
purposes.
VIII. And he it further enacted by the authority aforesaid, That the
said board shall have power to employ a surveyor to lay out the drains
and canals aforesaid, in as ample a manner as they may judge necessary
or proper, and that the expense thereof shall be paid in the same manner
as other expenses incident to the said drains and canals ; that they shall
have authority to have any such banks made as they may deem necessary
for the said drains and canals, and to have one or more locks made in the
same, and to build, alter, renevi^, rebuild or enlarge any bridge or bridg-
es that they may think proper or necessary to cross the said drains or
canals ; the expense thereof shall be paid as other incidental expenses are
to be paid ; and that they shall be empowered to cut down or use for the
said drains or canals, any trees or timber or any earth that may be found
on or near the course of the same. And if any person shall fail or neglect
to pay any assessment authorized by this Act, within the time prescribed
by the commissioners for that purpose, the same shall be recovered by war-
rant or execution, under the hand of either of the said commissioners,
directed to any such person as he may name therein, or deliver the same to
for that purpose, and that the property levied, whether real or personal,
shall be publicly sold, any time after twenty-one days notice thereof shall
be given by advertisement in any two gazettes in Charleston.
IX. And he it further enacted by the authority aforesaid, That every per-
son owning or possessing any slave or slaves, residing upon the plantations,
which by the commissioners to be appointed according to the second
clause in this Act, may be returned as being benefited by the said drains or
canals, shall, upon oath, return to the commissioners appointed hereby, and
their successors, whenever by them required, the name of every such slave,
male and female, from the age of sixteen to fifty years, both inclusive ; and
if any such person shall fail or neglect to make such return, within the time
for that purpose to be prescribed by the said board, he or she shall forfeit
the sum of two dollars for every slave not so returned; to be recovered,
levied and raised, by warrant under the hand and seal of the chairman of
the said board, or any four of the commissioners, directed to such person or
persons as he or they may think fit to name for that purpose.
X. And, he it further enacted by the authority aforesaid. That every
slave within the description in the ninth clause of this Act mentioned, shall
be liable to work upon the said drains and canals ; and whenever the said
commissioners shall think proper to call out the said slaves upon the work,
they shall give at least two days previous notice thereof to their owners,
if they then be upon the plantations, and if not, to the managers or over-
seers upon the said plantations, and if there should be no owner, manager
nor overseer upon either of the said plantations, then to the driver belonging
thereto ; and after having given such notice, every such slave shall, at the
time appointed by the board, repair to the place for that purpose appointed,
each male carrying with him a spade and an axe, and each female, a hoe ;
and if any such slave shall fail or neglect to appear at the time and place so
appointed, with the implements aforesaid, the owner thereof shall forfeit
one dollar for every day during which such slave shall be absent, or be
without those implements ; to be levied, recovered and raised in the same
OF SOUTH CAROLINA. 573
Acts relating to Rivers. A . I ). I < 95.
manner as is prescribed in the next preceding clause ; unless such owners
shall, at the next stated or regular meeting of the board, ofler such excuse as
they may think sufficient. Provided ahvays, that the said commissioners
shall not compel any slave to work upon the said drains or canals longer
than twelve days in the course of any one year.
XI. And be it furtJie? enacted by the authority aforesaid, Tliat every
fine and penalty recovered by virtue of this Act, shall be appropriated by
the commissioners to defray such expenses as may be incurred in making
and keeping in repair the said drains and canals, or erecting, altering, re-
pairing, or renewing any bridge to cross the same.
XII. And be it further enacted by the authority aforesaid. That the
commissioners hereinbefore named, and their successors, shall keep a regu-
lar journal of their proceedings, which said journal shall be open at any
time for the inspection of any person or persons concerned, who may take
what extracts they please irom the said journals.
XIII. And be it further enacted by the authority aforesaid. That an
Ordinance entitled "An Ordinance to empower commissioners therein
named, to cut and sink drains and water passages in Cacaw Swamp, St.
Paul's Parish," passed on the twenty-sixth day of March, in the year of
Lord one thousand seven hundred and eighty-four ; and also, so much of
the Ordinance passed on the seventeenth day of March, in the year of our
Lord one thousand seven hundred and eighty-five, entitled "An Ordinance
to amend an Ordinance entitled An Ordinance to empower commissioners
therein named, to cut and sink drains and water passages in the swamp and
savannahs formed by the north east branch of Stono river, passed the
sixteenth day of March, in the year of our Lord one thousand seven hun-
dred and eighty-three ; also, to amend an Ordinance entitled An Ordinance
to empower commissioners therein named, to cut and sink drains and water
passages in Cacaw Swamp, St. PauPs Parish, passed the twenty-sixth day of
March, in the year of our Lord one thousand seven hundred and eighty-
four" — as relates to the drains and water passages authorized or directed to
be made by the ordinance last mentioned, shall be, and the same are hereby,
repealed.
In the Senate House, the twelfth day of December, in the year of our Lord one thousand
seven hundred and ninety-five, and in the twentieth year of the Independence of the
Uuited States of America.
DAVID RAMSAY, President of the Senate.
ROBT. BARNWELL, Speaker of the House of Representatives.
STATUTES AT LARGE
Acts relating to Rivers.
No. 1624. AN ACT to alter and amend an Act entitled " An Act to en-
ABLE Commissioners therein appointed to clear out 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 Swamp, to the junction of
the two branches of the said swamp, at the plantation known
by the name of Gilkicker's ; for opening Lowder's Lake ; and
for other purposes therein mentioned ;" PASSED ON the twen-
tieth DAY OF December, in the v^ear of our Lord one thousand
seven hundred and ninety-four.
L Be it enacted, by the Honorable the Senate and House of Repre-
sentatives, now met and sitting in General Assembly, and by the authority
of the same, That Peter Smith and William Sanders, Esq Vs., be, and
they are hereby appointed, commissioners, in addition to, and to act with,
those commissioners who were appointed in the above recited Act, and that
they shall have the same powers and authority as are vested in the commis-
sioners appointed in the said Act, and be liable to the same penalties, fines
and forfeitures, as are therein provided for the commissioners appointed in
the same.
n. And whereas, it is but just and right, that in the prosecution of the
work contemplated in the aforesaid Act, that each and every person who
will derive benefit and advantage therefrom, shall, in proportion to the be-
nefit and advantage derived, contribute towards the completion of the clear-
ing out the said creek, and making and keeping in repair the said canal ;
Be it therefore enacted. That the commissioners appointed in the aforesaid
Act, and in this Act, or a majority of them, or of their successors, shall
have full power and authority to ascertain and point out, on oath, what
proprietors of swamp lands and slaves, as also what proprietors of slaves
■employed on leased or rented swamp lands, and likewise what proprietors
of swamp lands unoccupied, are benefitted and advantaged by the clearing
out the said creek, and making and keeping in repair the said canal ; and
to lay and impose an assessment, the most equitable and impartial, on all
the property of the foregoing description ; which assessment, the said
commissioners, or a majority of them, or their successors, are hereby au-
thorized and empowered to receive, either in the labor of such slaves as are
made liable by the aforesaid Act to work on the said creek and canal, or in
money, as may be preferred by the person or persons on whose property the
assessment is made.
HL And he it further enacted by the authority aforesaid. That if any
person or persons shall fail or neglect to pay any assessment authorized by
this Act, within the time prescribed by the commissioners for that purpose,
the same shall be recovered in money, by warrant under the hands and
seals of a majority of the said commissioners, or their successors, directed
to any such person as they, or a majority of them, or their successors,
may appoint ; and the property levied on, whether real or personal, shall be
publicly sold, after twenty-one days notice thereof shall have been given,
by advertisement, in any two gazettes in Charleston.
OF SOUTH CAROLINA. 575
Acts relating to Rivers. A. D. 1795.
IV. And he it enacted by the authority aforesaid. That the aforesaid
commissioners, or a majority of them, or their successors, shall have full
power and authority to continue the canal aforesaid and specified, as high
up the said swamp, and in such courses, and of such size, as they may
deem convenient and proper ; and also to make and keep in repair, a drain
or canal, up the swamp called the Horse-shoe Swamp, which vents into
the aforesaid creek, and to make the same of such width, depth, and in
such courses and directions, as they may think right and proper. And in
extending and keeping in repair the first mentioned canal, or in laying out,
making, and keeping in repair, the canal or drain up the Horse-shoe Swamp,
the aforesaid commissioners, or a majority of them, or their successors,
are hereby declared to be possessed of all the powers and authority speci-
fied in the aforesaid Act, passed on the twentieth day of December, in the
year of our Lord one thousand seven hundred and ninety-four, and in this
Act.
V. And be it further enacted by the authority aforesaid, That all ex-
penses which may be incurred in laying out the said canals, and building
bridges over them and the aforesaid creek, and also in making locks in
the said canals, shall be defrayed by an impartial and equitable assessment,
to be made by the commissioners, or a majority of them, or of their suc-
cessors, on all the lands which may be benefitted by the clearing out the
said creek, and in making and keeping in repair the said canal, or canals,
and on all the slaves made liable to work on the same ; and such assessment
shall be recovered, in case of default, in the same manner as is specified in
the third clause of this Act.
VI. And he it further enacted, That a journal of all their proceedings
shall be kept by the aforesaid commissioners and their successors, which
shall be open to the inspection of the proprietors on the said swamps, who
may make, at any time, any extracts they may think proper, from the
same.
In the Senate House, the nineteenth day of December, in the year' of our Lord one thou-
sand seven hundred and ninety-five, and in the twentielh 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 TO OPEN AND KEEP IN REPAIR A CaNAL, TO LEAD FROM No. 1640.
Rogers's Lake into Peedee River.
WHEREAS, sundry inhabitants of Marlborough county have petitioned
the Legislature of this State to have opened and kept in repair the canal
heremafter mentioned, and it appears that it would be very advantageous
to the said county that the same should be done.
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 autho-
nty of the same, That Robert Allison, Edward Crausland, and Tristam
576 STATUTES AT LARGE
A. D. 1796. J^^cts relating to Rivers.
Thomas, shall be, and they are hereby appointed, commissioners for the pur-
poses hereinafter mentioned ; and that they, or a majority of them, and
their successors, or a majority of them, shall, from time to time, appoint
such person or persons as may be necessary to supply any vacancy or
vacancies which may happen among the said commissioners, by death,
resignation, removal from the county, or otherwise; and that in case
the said commissioners, or their successors, should neglect to supply any
such vacancy, for six calendar months after the same may happen, the
judges of the county court of the said county for the time being, shall, up-
on application by any three of the inhabitants of the said county, appoint
some person or persons to supply such vacancy or vacancies.
II. And be it enacted by the authority aforesaid, That the said com-
missioners, or a majority of them, and their successors, or a majority of
them, shall have full power and lawful authority to lay off, open, sink, cut,^
clear out and keep in repair, a canal of not more than fifty feet width, to
lead from any part of the said lake to such part of the said river as they
may deem most fit ; and also to stop up, obstruct, and constantly keep shut,
the creek running therefrom, commonly called Naked Creek, at such part
thereof as they may deem most convenient ; and also to divert the water
from the said creek, so far as to run through the said lake and canal.
Provided, always, that the expense of carrying this Act into execution
shall always be defrayed by voluntary subscription.
III. And be it further enacted by the authority aforesaid. That the said
canal, when opened, shall, forever afterwards, be and remain free and
common to the use and enjoyment of every citizen of this country, and
the public at large.
In the Senate House, the nineteenth day of December, in the year of our Lord one thousand
seven hundred and ninety-six, and in the twenty-first year of the Independence of
the United States of America.
DAVID RAMSAY, President of the Senate.
ROBT. BARNWELL, Speaker of tlie House of Representatives.
I
No. 1760. AN ACT to repeal the Act entitled " An Act to establish a
Company for the opening the navigation of Broad and PacO'
LET Rivers."
WHEREAS, a large majority of the persons composing the said com-
pany, have relinquished to the State all their right, interest and claim, in
and to the said Act of corporation. And whereas, the said company have
altogether failed and neglected to carry into execution the great and bene-
ficial objects for which they were incorporated.
I. Be it therefore enacted, by the Honorable the Senate and House of
Representatives, now met and sitting in General Assembly, and by the au-
thority of the same, That the said Act, and every clause and provision
thereof, be, and the same is hereby, repealed
II. And be it further enacted by the authority aforesaid, That three
commissioners be appointed by his Excellency the Governor, in behalf 6f
OF SOUTH CAROLINA. 571
Acts relating to Rivers. A. D. 180[.
the State, and three commissioners by such persons as have not rehnquish-
ed their shares in the said company; which six commissioners shall appoint
a seventh ; and they, or a majority of them, shall have power to determine
whether the above resumption of the charter be injurious to the said per-
sons, considering their laches and non-user of their charter. And if they,
or a majority of them, shall determine the said resumption to be injurious,
that they, or a majority of them, shall determine what compensation it
would be proper to make such persons, and report the same to the Legisla-
ture.
III. And he it further enacted by the authority aforesaid. That Warren
Buford, WiUiam Hill, Arraraenas Lyles, Joseph Brown, John Pearson,
Joseph Hughes, Thomas Taylor, Robert Stark, and John A. Summers, be,
and they are hereby appointed, commissioners to superintend and contract
for the opening the aforesaid rivers ; and they are hereby authorized to
draw on the treasury of this State for any sum not exceeding ten thousand
dollars, towards defraying the expense that may arise in making the said
Broad and Pacolet Rivers navigable.
In the Senate House, the nhieteenth day of December, in the year of our Lord one thou-
sand eight hundred and one, and in the twenty-sixth year of the Independence of
the United States of America.
JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speaker of the House of Representatives.
AN ACT TO OPEN THE NAVIGATION OF CERTAlJf RlVERS THEREIN MEN* JVJq 1357
TIONED, AND FOR CUTTING A CaNAL ACROSS NoRTH IsLAND.
WHEREAS, the opening and clearing of the inland navigation of the
large rivers of this State, would be highly beneficial to the agricultural,
commercial and general interest thereof, and would greatly facilitate and
cheapen the carriage of produce and other heavy commodities to market ;
therefore,
I. Be it enncted, 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 John Drehr, James Gowdy, Sampson Pope, Major Wilham
Moore, Phillimon Berry Waters, William Caldwell, and Elihu Caldwell, be,
and they are hereby appointed, commissioners to contract for and superin-
tend the opening of Saluda and Broad rivers, as far up the said Saluda river
as the sum of money hereafter appropriated for that purpose shall be suffi-
cient.
. II. And he it further enacted by the authority aforesaid, That the sum of
ten thousand dollars be, and is hereby, appropriated for opening the said
river Saluda, from the confluence of the said Saluda and Broad rivers as
far up the said river Saluda as the said sum shall be sufficient to make
the said river navigable for boats.
ill. And he it further enacted by the authority aforesaid. That Major
John Hampton, Mr. John Taylor, William Joseph Hughes, Thomas Jen-
kins, Capt. Edward Tilman, Reuben Sims, William Hill, and Mai. Adam
VOL. Vn— 73.
578 STATUTES AT LARGE
A. D. I8O0. Ac^* relating to Rivers.
Meek, be, and they are hereby appointed, commissioners to contract for
and superintend the opening of the navigation of Broad river, from the
confluence of Broad and Saluda rivers to the confluence of Broad and Pa-
colet rivers.
IV. And he it further enacted by the authority aforesaid, That the
sum of four thousand dollars be, and is hereby, appropriated for the purpose
of opening the navigation of the said Broad river, as aforesaid.
V. k^nd he it further enacted by the authority aforesaid. That John
Moffit, Obadiah Tremier, Thomas Stribling, Benjamin Glover, William
Pace, Leroy Hammond, James Calhoun, Samuel Earle, David Sloan, Jas.
R. Baird, William Noble, James Lawson, Samuel Crafton, and Peter
Gibert, be, and they are hereby appointed, commissioners to contract for
and superintend the clearing and opening the navigation of Savannah river,
from Campbelton to the confluence of the Tugaloo and Keowee rivers ;
and they are hereby authorized and empowered to act with and in con-
junction with the commissioners which are or shall be appointed by the
State of Georgia, for the same purpose.
VI. Xnd he it further enacted hy i\\e a,\\i\\oxiiy aforesaid, That the sura
of ten thousand dollars be, and is hereby, appropriated for the purpose of
opening the said Savannah river, from Campbelton to the confluence of
Tugaloo and Keowee rivers, when the like sum is appropriated for the like
purpose by the State of Georgia.
VII. And he it further enacted by the authority aforesaid. That William
Pegues, sen., William Powe, Col. Andrew Smith, Major Drury Robertson,
Thomas Eilerbe, John Lyde, Malachi Pegues, Adam Marshall, Colonel
Benton, Cornelius Mandaville, Gavin Witherspoon, James Lyde, and John
Gibson, be, and they are hereby, appointed to contract for and superintend
the opening and clearing the navigation of Big Peedee, from Britton's ferry
to the place where the North Carolina line crosses the said river.
VIII. Knd he it further enacted by the authority aforesaid, That the sum
of four thousand dollars be, and is hereby, appropriated for the purpose of
clearing and opening the navigation of Big Peedee, from Britton's ferry
to the place where the North Carolina line crosses the said river.
IX. And he it further enacted by tlie authority aforesaid , That Zacha-
riah Cantey, Matthew Moore, Isaac Ross, Duncan M'Ra, Dan Carpenter,
Major J. Moore, and W. J. Reese, be appointed commissioners to contract
for and superintend the improvement of the navigation of Wateree river,
from Camden ferry to its confluence with Congaree River.
X. And be it further enacted, by the authority aforesaid. That the sum
of two thousand dollars be appropriated for the improvement of the navi-
gation of that part of Wateree river between Camden ferry and its con-
fluence with Congaree river.
XI. And he it further enacted by the authority aforesaid. That each
Board of commissioners appointed for the purposes before mentioned in
this Act, shall, and they are hereby directed to, lodge with and make out
to the comptroller-general, on the first day of October, in every year, until
the several sums be expended or the work finished, a full and accurate
statement of all monies by them expended, and the items for which the said
sums were expended, together with a statement of the work done, and
the situation and improvement of that part of the inland navigation for
which they were appointed to contract for and superintend.
XII. And he it further enacted hy the authority aforesaid. That no person
appointed a commissioner by this Act shall be a contractor for doing any
OF SOUTH CAROLINA. 579
Acts relating to Rivers. A. D. 1805.
part of the work ; that no money shall be drawn out of the treasury ex-
cept on written application, signed by two- thirds of the commissioners,
nor money drawn out by warrant of the comptroller, unless he is satisfied
that the sum previously drawn out has been applied, or nearly so, and that
the work is progressing to the improvement of navigation.
XIII. And he it further enacted by the authority aforesaid. That David
Sims, Samuel Otterson, Robert Granger, Isaac Person, Thomas Green,
jun., Thomas B. Hunt, and Barnet Glen, be, and they are hereby appoin-
ted, commissioners to view Tyger river, and report to the next Legislature
how soon it will be practicable to open the said river for the passage of
boats, and the probable sum that will be necessary to effect the same.
XIV. And he it further enacted by the authority aforesaid. That the sum
of twenty thousand dollars be appropriated for the purpose of cutting a
canal across North Island, from Winyaw Bay to the ocean, conformable to
the plan Colonel Seuf, engineer to the State, recorded in the ofhce of the
register of mesne conveyances in Georgetown; that Savage Smith, Jo-
seph Alston, Charles Brown, Robert Grant, and Samuel Taylor, be, and
they are hereby appointed, commissioners, and they, or a majority of them,
shall superintend the cutting of said canal
XV. And he it enacted by the authority aforesaid, That Benjamin Gause,
Henry Durant, and Richard Green, sen., be, and they are hereby appoint-
ed, commissioners to examine and ascertain what sum of money it will re-
quire to clear out and make navigable the river of Waccamaw, from the
mouth of Bull creek to where the North [Carolina] hne crosses said river,
and to report the same at the sitting of the next Legislature.
XVI. And he it enacted by the authority aforesaid, That William
Witherspoon, Thomas Black, 13aniel Millhouse, Nathaniel Lawrence, and
David Rumph, be, and they are hereby appointed,, commissioners to exam-
ine the channel of the Wassmassaw and Cypress Swamp, from Legaire's
ford to Bacon's bridge ; and they, or a majority of them, are hereby requi-
red to report to the next Legislature the sum which would be necessary to
clear and open said channel.
XVII. And he it further enacted by the authority aforesaid, That John
Ford, Major Robert Moody, Thomas Harley, Colonel Phillip Bethea, Robt.
Dunnam, William Davis, and JohnRodgers, be, and are hereby appointed,
commissioners to examine and report to the next session of the Legislature
the sum necessary to clear and improve the navigation of Little Peedee
River, from its confluence with Great Peedee to Blue's bridge, on the said
river.
XIX. And he it further enacted by the authority aforesaid, That James
Miles, John MTherson, Barkley Ferguson, Lewis M. Ayer, and John
Smyley, be, and they are hereby appointed, commissioners to inspect Salt-
catcher River, and report to the Legislature at the next session, whether
it be practicable to make said river navigable to the south and north fork,
and what sum will be necessary for the execution of the same.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and five, and in the thirtieth year of the Independence of the Uni-
ted States of America.
ROBT. BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
STATUTES AT LARGE
Acts relating to Rivers.
r
No. 1959. AN ACT to establish a Company for the inland navigation
FROM SaMPIT into SaNTEE, AND FROM SaNTEE INTO CoOPER OR
Wando River. '
I. Be it etiacted 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 several persons who shall or may associate, as herein-
after prescribed, for the purpose of cutting a canal from Sampit river into
Santee river, and from Santee river into Wando or Cooper river, as they
shall hereafter determine on, and their successors, shall be, and they are
hereby, incorporated as a body politic, in deed and in law, by the name of
"The Sampit and St. James Santee Canal Company.'^
H. And be it enacted by the authority aforesaid. That the said corpora-
tion, by their name aforesaid, shall have perpetual succession of officers and
members, to be appointed according to the by-laws and regulations which
they may establish for the government of the said corporation ; and they
may have a common seal, with power to break, alter and make new the
same as often as they shall judge expedient.
HI. And he it enacted by the authority aforesaid. That the said corpo-
ration shall be able and capable in law, to purchase, have, hold and take,
receive, possess, retain and enjoy to itself, in perpetuity or for any term
of years, any estate, real or personal, of what kind or nature soever, and
to sell, alien or dispose of the same as they may think proper ; and, by the
name aforesaid, to sue and be sued, implead and be impleaded, answer and
be answered unto, in any court of law or equit}^ ; and to make such rules
and by-laws, not repugnant or contrary to the laws of the land, as for the
good order and proper government of the said corporation, may by the same
be thought expedient or necessary. Provided, nevertheless , that the said
real and personal estate shall not produce an annual income exceeding ten
thousand dollars, exclusive of their tollage.
IV. And be it further enacted by the authority aforesaid. That Chas.
J. Steedman, Edward Craft, Alexander Howard, WiUiam S. Smith, and
John Dawson, jun., or a majority of them, be, and they are hereby appoin-
ted, commissioners to receive subscriptions for the establishment of the
company aforesaid, for which purpose they shall meet at the Exchange in
Charleston, on the first Monday and the Tuesday following of February
next ; and for the same purpose of receiving subscriptions for the establish-
ment of the company aforesaid, John Shackelford, A. Toomer, and S.
Smith, are hereby appointed commissioners to open a subscription at the
Town-Council room in Georgetown, on the same days prescribed for the
subscription in Charleston, and there receive the subscriptions of all such
persons as shall be desirous of subscribing and associating for the purpose
of becoming members of the corporation aforesaid.
V. And be it further enacted by the authority aforesaid. That the capi-
tal of the said company shall be divided into one thousand shares. And if,
on the days aforesaid, more than the said number of shares shall be sub-
scribed for, then they shall be apportioned among the subscribers, in ave-
rage and proportion to the number of shares by them respective y subscri-
bed. Provided, hoivever, that the subscribers, respectively, shall have at
least one share allotted to them, unless there shall not be a sufficient num-
ber of shares to make such apportionment, in which case they shall be ap-
portioned by lot, neither requiriiig more than one share.
OF SOUTH CAROLINA. 581
Acts relating to Rivers.
VI. knd be it further enacted by the authority aforesaid, That the said
company shall and may cause a communication or inland navigation, by
canals and locks, to be made and kept up through such places as to them
shall seem most fit ; and that they and their successors ever shall and may
fix and establish, and be entitled to have and receive, by way of toll, for all
goods and merchandizes carried on or through boats, vessels or rafts pass-
fng on or through the said canals, such rates or terms as the said company
shall think proper to impose, not exceeding twenty-five per cent, per annum
on the money which they shall have expended, from time to time, in ma-
king and keeping in repair the said canals and locks, (to ascertain which,
the books of the said company shall be liable to the inspection of the Legis-
lature ;) that the said toll shall be paid, payable in specie, according to its
value, as now established, and at no other rate, and in no other kind of mo-
ney ; and that the said company, or their agents, may stop any goods, ves-
sels, boats or rafts from passing the said canals, until payment of the toll
established.
VII. Andbe it enacted by the authority aforesaid, That the said company
shall have power and authority to purchase, for themselves and their sue-
cessors for ever, such land as may be necessary for the purpose of making
and keeping up reservoirs for the use of the canals and locks, and for the
establishment of all requisite buildings ; and where they and the owners of
snch land cannot agree for the same, to take such land on valuation to be
made by a majority of five persons, to be appointed by the court of equity
or common pleas to value the same ; which land shall, on the payment of
the sum at which it shall be so valued, be possessed by and vested in the said
company and their successors for ever.
VIII. \.nd he it further enacted by the authority aforesaid , That the said
company shall be obliged to keep the said canals and locks at all times in
good and sufficient order, condition and repair, on pain of being answer-
able for any damages occasioned by their wilful default or neglect ; that
the stock, shares, and also the land possessed by said company, be forever
exempt from any rate, tax, duty, assessment or imposition whatever ; and
that the said stock and shares may be sold, transferred and assigned and
bequeathed by the proprietors respectively ; and in case of their dying in-
testate, shall go as personal estate, according to law.
IX. knd he it further enacted hy the authority aforesaid, That if any
person or persons shall, wilfully or maliciously, cut, break down, damage
or destroy, any bank or other work to be executed and made for the purpose
of said navigation, such person or persons shall, on conviction, be fined, not
exceeding one thousand dollars, and imprisoned for any term not exceeding
twelve months. And if any person shall throw dirt, trees, logs, or any other
rubbish, into the said canals, so as to prejudice the same, such person or
persons shall be answerable to the said company for all damages done
thereby.
X. Knd he it further enacted by the authority aforesaid, That the said
company shall have power to use any materials in the vicmity of the ca-
nals, for making the locks or keeping the same in repair, paying a reason-
able price for the same, which price shall be ascertained in like manner as
heretofore provided in the value of lands ; that all lands which have not
been heretofore granted to any person, through which the said canals shall
pass, shall be vested in the said company and their successors for ever.
XI. And he it further enacted by the authority aforesaid, That the said
A.I). ir.09.
582 STATUTES AT LARGE
A. D. 1809. ^^cts relating to Rivers.
company shall be, and they are hereby, authorized and empowered to insti-
tute and draw one or more lotteries, not exceeding five, at such time and
in such manner and according to such plan as they may think fit ; the net
profits whereof shall not exceed one half of the cost or expense of the said
canals and locks, and the profits thereof to apply to the use of the said
company, for the purposes aforesaid.
XII. And be it further enacted by the authority aforesaid, That if any
person shall be sued for any matter or thing done in pursuance of this Act,
he may plead the general issue, and give this Act and the special matter in
evidence ; and on a verdict against the plaintiff, a non-suit, or discontinu-
ance, recover double costs. 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 effect.
XIII. And be it further enacted by the authority aforesaid, That all rights
and privileges hereby granted to said corporation, together with the charter
of incorporation hereby granted, shall cease and determine, unless the per-
sons associating as members of said corporation shall, within five years,
commence and prosecute the projected canal, and shall complete the same
within twenty-one years after the same shall be commenced.
In the Senate House, the nineteenth day of December, in the year of our Lord one
thousand eight hundred and nine, and in the thirty-fourth year of the Indepen-
dence of the United States of America.
SAMUEL WARREN, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.
Nq. 2036.
AN ACT APPOINTING Commissioners to lay out and make a Port-
age AT Lockert''s Shoals in Broad River.
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 Capt. Joseph Hughes, Maj. James Ming, and Captain
Samuel Hancett, be, and they are hereby, appointed commissioners to lay
out a portage on the west side of Broad river, from the upper to the lower
end of the upper Lockert's shoals on the said river, and they are hereby requi-
red and authorized to lay out the said portage in the most suitable and con-
venient manner, so as to do the least possible injury to the owner of the soil ;
and if it shall be necessary, they are hereby authorized and required to call
upon all persons liable to work on the public roads, residing within the dis-
tance of five miles from the said shoal, giving them six days notice of the
time, and there continue until the said portage or way shall be completed ;
provided, it does not exceed six days in one year; and in case the persons so
called out, shall refuse or neglect to render the services required by this
Act, they shall forfeit and pay the same fines and penalties as are by law
imposed on persons refusing or neglecting to work on the public roads ; and
OF SOUTH CAROLINA. 583
Acts relating to Rivers. A. D. 1813.
the commissioners aforesaid are hereby authorized to enforce the collec-
tion of the said fines and penalties, in the same manner as the commis-
sioners of the high roads are now authorized to do.
II. And be it enacted by the authority aforesaid, That the said portage
or way shall be deemed and taken as a public highway, to all intents and
purposes whatsoever.
III. And be it further enacted by the authority aforesaid, That the
commissioners appointed by this Act, be, and they are hereby, authorized
and required to appraise and value what injury the land of Thos. Hughes
shall sustain by the opening of the road aforesaid, and report the same to
the next session of the Legislature.
In the Senate House, the eighteenth day of December, in the year of our Lord one thou-
sand eight hundred and thirteen, and in the thirty-eighth year of the Independence of
the United States of -America.
SAVAGE SMITH, President of the Senate.
JOHN GEDDES, Speaker of the House of Representatives.
AN ACT TO IMPROVE AND EXTEND THE NAVIGATION OF BlaCK RiVER. No. 2080,
WHEREAS, the inhabitants of the lower part of Sumter district, have
represented, that the navigation of Black river, may, at a small expense,
be extended to Atkins's or Scape Whore Bridge, upon the said river.
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 Samuel Neilson, Arthur Bradley, Robert Mul-
drow, Samuel McBride, John McFadden, William Mcintosh, Samuel M.
Witherspoon, William Montgomery, Jared J. Nelson, Miles H. Plowden,
Eli McFadden, Reardon McCoy, Henry Atkinson, Benjamin Pendergrass^
and James Wey. be, and they are hereby, appointed commissioners to open
and improve the navigation of Black river, from Robert Lowry''s to Atkin-
son's or Scape Whore Bridge, on the said river; and that all the slaves
within five miles, who are liable by law to work on the roads of that part
of the said river, shall be, and they are hereby made, liable to work on the
said river, under the direction of the said board of commissioners, three
days in each year, if required, and no more.
II. And be it further enacted by the authority aforesaid. That the
above named persons, or a majority of them, shall form a board of commis-
sioners for the purposes aforesaid, and shall have full power and authority,
when they shall think necessary, to summon all the male slaves aforesaid,
hving between the said Robert Lowry's and Scape Whore Brido-e, within
five miles from the said river — giving six days previous notice, to work on
the same ; and if any person shall refuse or neglect to send their male
slaves as aforesaid, when summoned to work on the same by the said board
of commissioners, or any person by them appointed for that purpose, every
such person shall forfeit and pay a sum not exceeding one dollar per
day for every male slave, as aforesaid, so by him neglecte dor refused to be
584 STATUTES AT LARGE
A . D. 1815. _A.cts relating to Rivers.
sent ; to be recovered by warrant of distress, under the hands of any three
of the said commissioners, against the goods and chattels of the defauher,
which, after ten days notice by advertisement, shall be exposed to public sale,
for and towards the fines hereby imposed, which said fines shall be applied
by the said board of commissioners to the opening and improving the
navigation of the said river, within the limits aforesaid.
IK. And he it further enacted by the authority aforesaid. That the said
board of commissioners shall be authorized, and they are hereby re-
quired, to open and improve the navigation of the south prong of the said
river, as far up as Bruington's bridge.
IV. And be it farther enacted, by the authority aforesaid, That the said
board of commissioners shall have full power and authority to divide that
part of the said river hereby directed to be opened, into as may divisions
as tliey may think necessary and proper, and direct what hands shall work
on each of the said divisions ; and they are hereby empowered to appoint
overseers for each of the said divisions, and the said overseers are hereby
empowered moderately to correct all such male slaves as shall refuse or
neglect to work. And if any of the overseers appointed for the purposes
aforesaid by the said board of commissioners, shall refuse or neglect to
do his duty agreeable to the orders of the said board of commissioners,
every such overseer shall forfeit and pay a sum not exceeding twenty
dollars ; to be recovered and applied in like manner as is hereinbefore direc-
ted. Provided, that no person shall be compelled to serve as an overseer
more than one year in every term of six years.
V. Knd be it further enacted by the authority aforesaid, That the said
board of commissioners shall have full power and authority to cut down
and make use of any timber, wood or stone, in or near that part of the said
river hereby directed to be opened, for the purpose of improving the navi-
gation of the same, as to them shaU seem necessary. And if any person
or persons whomsoever, shall stop up, or in any wise injure or impede the
navigation of the said river, by falling of trees, rolhng of logs, or placing
other obstructions therein, every such person so offending shall forfeit and
pay a sum not exceeding five hundred dollars ; to be recovered and applied
as is hereinbefore directed.
VI. And be it further enacted by the authority' aforesaid, That if any
vacancy shall happen in the said board of commissioners, the remaining
commissioners, or a majority of them, at their next meeting, shall choose
some fit and proper person to fill such vacancy; and the person so chosen is
hereby declared to be a commissioner, and vested with all the powers and
authority given by this Act to the commissioners hereinbefore mentioned,
VII. Xnd be it further enacted by the authority aforesaid, That Hugh
Lide, Moses Sanders, Peter Edwards, Thomas Williamson, David Gregg,
Robert Ervin, George McCall, Zachariah EUerbe, Christopher R. Pegues,
Thos. T. Ellerbe, George Hodges, Charles Irby, John Rogers, John Burch,
John Terrell, and Francis Gillispee, be, and they are hereby appointed,
commissioners to open and improve the navigation of Great Peedee river,
from the North Carolina line down to the mouth of Black creek, and shall
be called and known by the name of the Upper Board of Commissioners
on Peedee ; and that all the male inhabitants, between the ages of sixteen
and fifty years, living within six miles of said river, shall be, and they
are hereby made, liable to work on the same, under the direction of
said commissioners,. for the space of six days in a year, if required, and no
more.
OF SOUTH CAROLINA. 585
Acts relating to Rivers. ^' ^' ^^^^*
VIIL And be it further enacted hj the authority aforesaid, That John
Gibson, Alexander Gregg, senior, Thomas Godbolt, James Johnson,
Joseph Burch, Richard Godfrey, Stephen Shackleford, senior, James
Harrell and Francis Graves, be, and are hereby, appointed commissioners
to open and improve the navigation of Great Peedee river, from the mouth
of Black creek down to the mouth of Linch's creek, and shall be called
and known by the name of the Middle Board of Commissioners on Peedee
river; and that all the male inhabitants, from the ages of sixteen to tifty
years, living within six miles of said river, shall be, and they are hereby
made, liable to work on the same, under the directions of the said com-
missioners, for the space of six days in a year, if required, and no more.
IX. And be it fitrllier enacted by the authority aforesaid, That Samuel
Wilson, Thomas Britton, Benjamin Grice, William Vareen and William
Woodbury, be, and they are hereby, appointed commissioners to open and
improve the navigation of Great Peedee river, from the mouth of Lynch's
creek down to the plantation known by the name of Singleton's plantation
on Great Peedee river, and shall be called and known by the name of the
Lower Board of Commissioners on Great Peedee river; and that all male
inhabitants, from the ages of sixteen to fifty, living within six miles of
said river, shall be, and they are hereby made, liable to work on the same,
under the direction of the said commissioners, for the space of six days in
a year, and no more.
X. And be it further enacted by the authority aforesaid. That the said
respective Boards of Commissioners shall have full power and authority,
when they shall think necessary, to summon all the male inhabitants, giv-
ing two days previous notice, to work on said river. If any person or
persons shall refuse or neglect to go, or send their male slaves, when sum-
moned by the commissioners aforesaid, or by any person by them appointed
for that purpose, every such person shall forfeit and pay a sum not exceed-
ing two dollars per day, at the discretion of the commissioners, for himself,
and one dollar per day for every male slave so neglected or refused to be
sent ; to be recovered by immediate warrant of distress, under the hands of
any three or more of the commissioners, against any of the goods and
chattels of the defaulters, which, after ten days public notice, shall be sold
for the purpose of paying the fine aforesaid, and charges accruing thereon,
and the overplus, if any, returned to such defaulter. And all fines so re-
covered, shall be by the commissioners appropriated to the improvement of
the navigation of the said river, respectively, where the defaulter is made
liable to work.
XI. And be it further enacted by the authority aforesaid, That the .seve-
ral and respective Boards of Commissioners hereinbefore appointed, shall
have full power and authority to divide their respective districts into smaller
ones, and direct what hands shall work thereon ; they shall also have pow-
er and authority to appoint overseers, and the overseers so appointed are
hereby impowered moderately to correct all such male slaves as shall
neglect or refuse to work ; and if any white person shall neglect or
refuse to work when present, the overseer shall return his name to
the commissioners, who shall fine him for the first offence, a sum not
exceeding two dollars, and for the second offence, not exceeding ten
dollars, at the discretion of the commissioners, to be recovered and appro-
priated as other fines hereinbefore mentioned ; and if any overseer to be
appointed by virtue of this Act, shall refuse or neglect to serve and perform
his duty agreeable to law, and the direction of the commissioners, he shall
VOL. ¥11.-74.
586 STATUTES AT LARGE.
A. D. 1815. Acts relating to Rivers.
forfeit and pay a sum not exceeding twenty dollars, at the discretion of
the commissioners, to be recovered and appropriated as hereinbefore men-
tioned ; provided, that no person shall be compelled to serve as an overseer
more than one year in any term of years.
XII. And he it further enacted by the authority aforesaid, That the
several and respective Boards of Commissioners hereinbefore appointed,
shall be, and they are hereby, fully authorized and impowered to take and
make use of any boats, flats or canoes within their respective districts,
for the purpose of improving the navigation of the said river, except such
as are kept for the use of any public ferry, and shall return the same to
the place where taken from, or to the landings of the proper owners, in
the like order they were taken ; provided, that no boat, flat or canoe, shall
be detained from the owner more than three days in any one year.
XIII. And be it further enacted by the authority aforesaid. That the seve-
ral and respective Boards of Commissioners, according to their several
divisions, shall have full power and authority to cut down and make use of
any timber, wood, earth or stone, in or near the said river or creek, for the
purpose of improving the navigation of the same, as to them shall seem
necessary ; and if any person shall stop up, or in any wise impede or injure
the navigation of the said river or creek, by falling of trees, rolling rocks,
&c., into them, such person or persons so offending shall forfeit and pay a
sum not exceeding twenty dollars for every such offence, at the discretion
of the commissioners, and shall also be compelled to remove all such ob-
structions by him or them occasioned.
XIV. And he it further enacted, That the several and respective Boards
of Commissioners shall be, and they are hereby, fully authorized and
required, at all such places as they may think it necessary, to fix and
establish buoys or other way marks, directing boats or other vessels to the
proper channel : and also to erect and establish such posts or beams as
they may think necessary for assisting boats or other craft in overleaping
difficult places ; and if any person or persons whatsoever shall wilfully
remove or destroy any of the buoys, way-marks, posts or beams so estab-
lished, such person or persons shall forfeit and pay, for every such offence, a
sum not exceeding twenty dollars, at the discretion of the commissioners,
to be recovered and appropriated as hereinbefore directed, and shall also be
liable to make good all damages by him or them so done.
XV. And he it further enacted, That if any vacancy shall happen in
any of the Boards of Commissioners hereinbefore appointed, the remain-
ing Commissioners of tlie Board having such vacancy, or a majority of
them, at their next meeting, shall choose some fit person to fill up such
vacancy ; and the person so chosen is hereby declared to be a commissioner,
and vested with all the powers and authorities by this Act given to any of
the commissioners hereinbefore named.
XVI. knd be it further enacted by the authority aforesaid. That all
Acts, or clauses of Acts, heretofore passed, be, and the same are hereby,
repealed, so far as the same may relate to the navigation of Great Peedee
river.
In the Senate House, the sixteenth day of December, in the year of our Lord one thou-
sand eight hundred and fifteen, and in the fortieth year of the Independence
of the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Speaker of the House of Representatives.
OF SOUTH CAROLINA. 587
Acts relating to Rivers. ^- D-1815.
AN ACT TO ALTER AND AMEND AN ORDINANCE ENTITLED " An OrDI- No. 2091.
NANCE TO IMPOWER COMMISSIONERS THEREIN NAMED, TO CUT AND
SINK Drains and Water Passages in the Swamp and Savannahs
FORMED BY THE NoRTH-EAST BRANCH OF StONO RIVER," PASSED ON
THE SIXTEENTH DAY OF MaRCH, IN THE YEAR ONE THOUSAND SEVEN
HUNDRED AND EIGHTY THREE.
WHEREx'VS, the powers given to the Commissioners in the aforesaid
Ordinance have been found by experience to be totally inadequate to the
accomplishment of so beneficial an object :
I. Therefore, be it 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 powers, authorities and provisions of an Act
entitled "An Act to impower commissioners therein named, to cut, sink and
keep in repair drains and water passages in Cawcaw swamp, in St. Paul's
parish," passed on the twelfth day of December, in the year one thousand
seven hundred and ninety-five, be, and the same are hereby, declared to ex-
tend to the opening of cuts, drains and water passages in the Swamp and
Savannahs formed by the North-east branch of Stono river.
n. And be it further enacted by the authority aforesaid. That if any
person or persons, by themselves or their servants, slaves or others, shall,
by any ways or means, hinder, oppose or obstruct the said commissioners,
or either of them, or their successors, or either of them, or any person or
persons by them employed or appointed, or any servant, workman or labor-
er, or any person so employed or appointed, from making, cutting, sinking
clearing or keeping in repair either of the said drains or canals, or any
part of either of them, or from cutting down trees, filling up any hollows,
ditches, drains or canals, or from making use of any timber, wood, earth
or stones situate near either of the said canals or drains, which may be
necessary for the making or keeping in repair the said drains or canals, or
shall obstruct, or in any degree prevent, the free passage of water through
either of the said drains or canals, or any part thereof, shall forfeit a sum
not exceeding fifteen hundred dollars, to be recovered by action of debt in
any court of record having competent jurisdiction in this State, and to be
applied to the making and keeping in repair the said drains and canals.
HI. And be it further enacted by the authority aforesaid, That if any
commissioner shall fail or neglect to attend any stated meeting, or any
extraordinary meeting, after having had two days notice of such meeting,
he shall forfeit the sum of forty-five dollars ; and if while the labourers
are actually at work he fail or neglect to attend at any place for that pur-
pose appointed, for every day's absence he shall forfeit the sum of ten
dollars, unless in either of these cases he shall offer at the next stated
meeting such an excuse as the majority of the Board shall determine to
be valid and sufficient.
IV. Knd be it further enacted by the authority aforesaid, That every fine
and penalty recovered by this Act shall be appropriated by the commis-
sioners to defray such expenses as may be incurred in making and keeping
in repair the said canals and drains, or erecting, altering, repairing or
^renewing any bridge to cross the same.
In the Senate House, the sixteenth day of Decemher, in the year of our Lord one
thousand eight hundred and fifteen, and in the fortieth year of the Independence
of the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Speaker of the House of Representatives.
STATUTES AT LARGE.
Acts relating to Rivers.
No. 2161. j^]\f ACT TO SUSPEND an Act entitled "An Act to improve and
EXTEND THE NAVIGATION OF BlACK EIVER.'''
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 Act entitled "An Act to improve and extend the navi-
gation of Black river," passed on the sixteenth day of December, in the
year of our Lord one thousand eight hundred and fifteen, be, and the same
is hereby, suspended for one year from and immediately after the passing
of this Act, so far as relates to the improvement and extension of the navi-
gation of Blacik river, above Lowry^s ferry, on said river.
In the Senate House, the seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and seventeen, and in the forly-second year of the Soveieignty
and Independence of the United States of America.
JAMES R. PRINGLE, President of the Senate.
THOS. BENNETT, Speaker of the House of Representatives.
iwlJjry.
ABATEMENT,
1. No suit to abate by death of the party after interlocutory judgment, if such
action might originally be prosecuted or defended by the executor or adminis-
trator of the party dying ^"*-
2. The plaintiff, and if he be dead, after such interlocutory judgment, his exe-
cutors or administrators, may have a scire facias against the defendant, if living,
or if he be dead, then against his executors or administrators, to shew cause
why damages in such action should not be assessed and recovered by him or
them. And if sufficient cau;e be not shewn to arrest the final judgment, or
being returned warned, or upon two writs of scire facias it be returned that the
deiendant, his executors or administrators, had nothing whereby to be sum-
moned, or could not be found in the Province, shall make default, a writof en-
quiry of damages shall be awarded, and judgment final for plaintiff. 193
3. If there he two or more plaintiffs or defendants, and one or more of them
shall die, if ihe cause of suck action shall survive to the surviving plaintiff or
plaintiffs, or against such surviving defendant or defendants, the action shall
not be abated, but such death being suggested on the record, the action shall
proceed at the suit of the survivors '^'^
4. Action in the county court shall not abate in case of the death of a party,
after interlocutory judgment, if the same might originally be prosecuted by
the legal representative of the deceased; but the executor or administrator
may proceed by scire facias against the defendant, to shew cause why damages
should not be assessed, and if no cause be shewn to the return, a writof en-
quiry to be executed •^•'1
5. If several parties, and one die, if the right survives, the case shall not abate. 232
ABSENCE FROM THE STATE. See Public Officers.
ADJOURNMENT,
1, The Clerks of the courts may adjourn the court de die in diem, until the Judge
comes, during the term 204
2. And till the next term 2C4
ADVERTISEMENT. See Taxes and Tax Collectors.
AGENTS. See Factors.
ALARMS,
1. Penalty for not turning out at notice of alarm 351
ALDEJfMEN,
1. Title of Wardens of Charleston changed to that of Aldermen 148
2. Powers continued 148
3. Re-eligible . . . . , 149
4. The Council to apportion the number of Aldermen for each Ward every ten
years, so that their number is not to exceed 12 ,. ^155
590 INDEX.
ALLEN-STREET,
1. Established in Charleston g9
A MEN-STREET,
1. Council authorzed to dose it, and to have damages assessed to proprietors. . . .147
ANSWER. See Practice in Chancery.
1. To be put in within thirty days after appearance uay in the Court of Chance-
ry, if the time to plead has not been exiended by the Chancellor or Commis-
sioner, on cause shewn on oath 306
APOTHECARY,
1. Penalty for employment of slaves in their shops, (obsolete.) 42.^
APPEAL COiJRT. See Courts, ^App^al.)
APPEALS. See Courts.
\. Where the decree exceeds £300, appeals allowed to his Majesty in his Privy
Council in Great Britain ; provided it be craved within one month after decree ;
and I Imt before sucli appeal be allowed, security be given by the appellant, in
double the value of the matter in lifference, lo pay the value of the thing ad-
judged, witliali costs and damages, as shall be awarded by his Majesty, &c 16&
2. Provided no execution on such decree shall be stayed or suspended by reason
of such appeal, so as the party taking out such execution, in hke manner give
security to the value only of the matter in difference, to make restitution, in
case the decree be reversed, in three years after decree by the Court of Chan-
cery 165
3. Where the matter in difference does not exceed the value of £25, in the
county court, appeal allowed to the general court in Charleston, which shall
have power to hear and determine all such appeals, as may be consistent with
the laws and statutes of Great Britain and usages of South Carolina 167
4. Appeals to be craven at the time judgment is given in the county court, or at
the next sitting thereof 167
5. Before appeal allowed, trie party appealing to give bond before the said court,
in double the value of the matter in difference, to answer the value of the
thing or sum adj'idged, with such costs as shall be awarded by the general
court, in case the judgment be affirmed 168
6. Provided also, ttiat no execution on such judgment shall be stayed by such
appeal, if the party taking out exettution enter mto bond before the said court,
with sufficient security, to the value of the sum or matter adjudged, to make
restitution, if such judgment be reversed, in 12 months after obtaining such
judgment in the county court 168
7. If the judgment be affirmed, and the Judges of appeals be of opinion that
the appeal was groundless and vexatious, they shall certify the same on the
back of the appeal, and in .such case, the appellant shall pay to the appellee
treble the costs of suit awarded in the county court 168
8. In the county courts, in what cases allowed, and mode of proceeding 220
9. Allowed from County Court or Ordinary to the Court of Common Pleas of
the district ; provided the appeal be entered in the county where the judgment
is given, withm 20 days after judgment or sentence, the adverse party having
notice .256
10. Allowed from the County Court, where the judgment exceeds £10, on the
appellant's giving bond and security to prosenite the appeal to effect 267
11. Appeals allowed from the Inferior City Court of Charleston, to the Circuit
Court of the district.. 302
12. From Chancellor on the Circuit to Appeal Court in Equity 305
13. Mode of bringing up appeals 305
14. The first clause of the "Act to prevent frivolous appeals," repealed 318
15. If any person wishes lo appeal from any order or decree of a Chancellor, or
from any judgment or determination of a Law .ludge, or make any motion in
arrest of judgment, or for a new trial, he shall pursue the same course, in every
respect, that is now prescribed by law in cases of appeal ; and the Chancellor
or Circuit Judge shall transmit to the Court of Appeals a correct report, in
writing, of the pleadings, the evidence, the points, and the substance of the
charge to the jury, if any be made, so that the whole case, or as much as may
be necessary, shall be manifest to the Court of Appeals 326
INDEX. 591
APPEALS, (continued.)
16. Appeals to be taken to Columbia or Charleston, as heretofore , 326
17. From tlie districts of Charleston, Beaufort, Colleton, Georgetown, Williams-
burgh and Horry, to be taken to the Court of Appeals in Charleston, and from
all oiher parts of the Slate to Columbia 328
IS. Appeals from Barnwell to be carried to Charleston 341
19. Where an appeal shall be taken in any ease tried before one of the Judges of
the court of appeals, sitting as a Circuit Judge or Chaiieellor, such Judge shall
not sit upon the trial of said appeal, and one of the Circuit Judges or Chancel-
lors shall be called in by the Court in room of said Judge of the court of
appeals 332
20. Where an appeal shall be taken from a conviction for a misdemeanor, the sen-
tence weich would have been passed shall be reduced to writing, and signed
by the Judge before whom the case may have been tried, sealed up and lodged
with the clerk of the court for the district in which the case originated, to the
end that such sentence may be passed on the delendant at the next circuit court
of said district, after the appeal shall have been dismissed by the court ol ap-
peals; and the detendani shall not, in any such case, be required to appear in
person before I he court of appeals 332
21. No Circuit Judge or Chancellor shall sit in the court of appeals on any case
he may have tried on the circuit 333
22. Any decree delivered in equity, or trial at law, during the sitting of the court
of appeals, may be taken to the court of appeals, on receipt of the decree, or
report of the Judge, on giving the opposite party four days notice, which shall
be heard and determined as other appeals.. 334
23. Allowed slaves under the Act of 1735. (Eipired.) 396
24. Of slaves regulated and prescribed 412
APPEARANCE. See Chancery Practice.
APPROi'RIATIONS. 31, 45, 81, 98.
ARMS,
1. No negro shall carry out of the limits of his master's plantation, any sort of
fire arms, unless his master, or other white person, by his order, be present, or
without a certificate from his owner or overseer; and if any shall be thus ap-
prehended, the arm.s shall be forfeited to hirn who shall apprehend the same;
unless the person who is the owner of the arms, shall, in three months, redeem
them by paying the sum of twenty shillings. (Expired.) 353, 354
2. Every master or head of any family, shall keep all his guns and other arras,
when out of use, in the most private room in the house, upon penalty of £3.
(Expired) 354, 373, 387
3. Slave not allowed to have possession of, except in certain cases specified 372
4. Not to take them from the plantation on Sunday 372
5. Not to lend the gun to another slave 372
6. Arms not so licensed forfeited. (Expired) 372
7. If any slave entrusted by his n:iaster with a gun or cutlass, shall shoot or kill
any other man's cattle, sheep or hogs, or suffer it to go out of his custody to
another slave, who shall do like injury, the manager of the slave so entrusted,
shall pay to the parly injured double the value of the cattle, &c 373
8. Slave not to carry fire arms without a ticket 404
9. Certain exceptions 404
10. To be carried to church on Sundays and Christmas days. (Expired.) 417
11. Not to extend to St. Philip's church, Charleston, where a watch is to stand
underarms curing service 413
12. No free negro or person of colour allowed to carry them, or other dangerous
weapons abroad, except by ticket from his guardian 474
ARREST OF JUDGMENT,
1. Motions in, allowed from the circuit courts, under such restrictions and man-
ner as the Judges may order 256
ASHEPOO RIVER,
1. To be made navigable in the upper parts 510
2. Cut from Ashcpoo to Pun Pon and out of Cheehaw to Ashepoo 525
592 INDEX.
ASHLEY RIVER,
1. The head to be made navigable 475
2. Communication between it and Stono to be opened 521
ASSAULT AND BATTERY,
L No costs allowed in county corrt, if verdict be for less than two pounds 231
ATTACHMENT. See Bail.
1. By a Justice of the Peace, where the debtor is removing out of the county
privately 213
2. Or absconds and conceals himself, so that the ordinary process of law cannot
be served upon him 213
3. May attach the estate of the debtor, or so much as will be of sufficient value
to satisfy the plaintiff's debt and costs 213
4. May be served by the sheriff of the county and levied upon the slaves, goods
and chattels of the party wheresoever found, or in the hands of any person or
persons indebted to, or having any effects of the person absconding, and to sum-
mon such person to appear at the next court, to answer, upon oath, what he
or she is indebted to such person, and what effects 213
5. The court may compel the garnishee to appear and answer 213
6. Justice 10 take bond and security, before issuing attachment, of the plaintiff,
in double the amount to be attached, payable to the defendant, to satisfy his
costs, in case plaintiff discontinue, or be cast, and damages for suing out such
attachment 213
7. The bond to be returned to the court to which the attachment is returnable.. 213
8. The party entitled to costs and damages may bring suit on it 213
9. Every attachment issued without such bond, or where no bond shall be re-
turned as aforesaid, declared to be illegal and void, and dismissed with costs 214
10. All attachments repleviable by appearance and putting in special bail, if by
the couit so ruled, or by giving bond, with good security, to the sheriff or
other officer serving the same, which bond the officer is required to take, to
appear at the court to which such attachment shall be returnable, and to abide
by and perform the order and judgment of thecourt 214
■11. If security, upon motion, shall be adjudged insufficient by the court, and the
defendant fail to appear and give special bail, if thereunto ruled by the court,
such officer or security shall be subject to the same judgment and recovery,
and have the same liberty of defence and relief, as if such defendant was
legally present in court 214
12. Justice shall issue an attachment where the creditor swears how much is due
him, and that he has just grounds to suspect, and verily believes, that such
debtor intends to remove his effects 214
13. To be directed to all sheriffs, and returnable to the justice's next county court . 2,1^
14. Effects may be seized by the sheriff or his deputies in any county through
which the debtor may be going with his effects, and the attachment returned to the
court of the county to which it was made returnable 214
15. Proceedings thereupon, as in other cases of attachment 214
16. Provided, that if the sum exceeds fifty pounds in an open account, the attach-
ment shall be returnable to the circuit court of the county 214
17. Where the debt does not exceed three pounds, and the debtor is about to
remove, or (S re?noi«Hn^ out of the county privately, or so absconds or conceals
himself that a warrantor summons cannot be served upon him, that the sum-
mons shall be returnable before the justice or some other, w-ho shall deter-
mine thereupon 214
18. If the writ is returned and the goods not replevied, the subsequent proceed-
ings shall be the same as on oiiginal process against the body of the defendant,
where there is default 214
19. All goods attached and not replevied, to be sold to satisfy the judgment, in
the same manner as on ji. fa 214
20. Where an attachment shall be returned served in the hands of any third
person, it shall be lawful, upon his appearance, &c. to enter up judgment as
against the original debtor, and award execution against every such third per-
son, for such money as may be due from him to the absconding debtor, or s-ucli
INDEX. 593
ATTACHMENT, (continued.)
effects as may be in bis hands, of the debtor, or as will suffice to satisfy the
judgment and costs of plaintiff 215
21. The same power given to justices of the pence for issuing attachments against
a party about to abscond, or removing privately out of the State or district, in
counties where there are no county courts, as where there are ; and also to the
sheriff and constable 246
22. Wrils of, grantable of common right, on plaintiff's giving bond to the defen-
dant in double the amount for which the attachment issues, to be lodged with
the clerk of the court of the district, to be answerable for all damnges the de-
fendant may sustain by any illegal conduct in obtaining the attachment 294
23. In what case an attachment may issue to compel an answer, where the bill
has been taken proconfesso 306
ATTORNEY AND COUNSELLOR,
1. No one to practice in the Courts of Law or Equity, unless he has been admit-
ted and sworn by the Chief Justice and Judges of the General and Supreme
Court, at Charleston, under penalty of £ 100, for every cause he shall solicit 173
2. Any person may plead his own cause, or upon leave of the Court first had,
plead the cause of another, if he declares, on oath, that he has not, and will not
accept a fee for the same 174
3. No one to practice as such, unless he has been admitted a Barrister at Law,
or an Attorney thereof, by the Court of Common Pleas, in Charleston, or an
Attorney of the particular Court, and be an inhabitant of the Province 202
4. Attorney may have execution for his fees 264
5. No person to practice as an Attorney or Solicitor, whose known and estab-
lished residence is not within the State; and all writs and other process issued,
or pleadings filed, by or on part of Attorneys or Solicitors residing out of the
State, declared illegal, and may be quashed on motion 280
ATTORNEY GENERAL AND STATE SOLICITORS,
1. May appoint deputies ; but if neither he nor his deputy be present, the
Court may appoint a Barrister or Attorney at Law, to prosecute, and to be
allowed the fees 204
2. Three Circuit Solicitors to be elected by the Legislature, to do the duty of
the Attorney General on the Northern, Southern and Western Circuits ; to
give advice to the Governor and other State officers, in public matters; to assist
each other or the Attorney General in suits or prosecutions in behalf of the
Stale, when directed by the Governor; to attend the Legislature when in
session ; to draught and engross all such Bills as the two Houses may direct ; to
have all the privileges, and be subject to all the liabilities of the Atlornev Gene-
ral ; and to ha/e a salary of £100 275
3. Solicitors to assist in turn the Attorney General 275
4. They may appear for and defend criminals, when their duty does not call
upon them to prosecute, or their assistance required 275
5. One for each Circuit of the State 285
6. Solicitors to receive a salary of faOO per annum 300
7. To attend prosecutions in the Inferior City Court of Charleston 320
BAIL. See Commissioners of Bail.
1. No person shall be held to bail on any writ of capias ad respondendum for
debt, unless an affidavit be made bsfore, and attested by, some Judge or Justice
of the Peace, and indorsed on, or annexed to the writ before the service there-
of, of the sum really due ; nor tor any other cause w ithout a Judge's order, on
probable cause of action shewn, to be indorsed on or annexed to the writ, ex-
pressing the sum for which the bail shall be given 204
2. When any process from the County Courts shall be executed whereni com-
mon bail shall be requirable, ihe sheriff shall return the name or names of the
bail taken by him ; and if he shall not return bail, or the bail be adjudged insuffi-
cient by the Court, or the defendant fiiil to appear or give special bail, when
ruled thereto by the Court, such sheriff or bail shall be subject to the same
judgment or recovery, and the same defence and relief, as in the Supreme
Court ; 215
594 INDEX.
BAIL, (continued.)
3. Where plaintiff shall move for special hail, upon defendant's appearance, the
Court may, at discretion, rule him to bail accordingly, or commit him on fail-
ure, to the sheriff, until hail be given "-^15
4. The special bail to be liable to the judgment, unless the body of the defen-
dant be rendered in execution in discharge of such bail 215
5 No special bail requirable in any suit on a penal law, unless by such law bail
is expressly required 215
6. No proceedings to be had against the bail in any jurisdiction, until judgment
and execution against the principal, and a return of nulla bona or non inventus.
Then the plaintiff may sue forth a scire facias against the bail, to shew cause
why the execution for the judgment and costs, should not issue against him. . . .216
7. On return of such sciVe /ac/os served, judgment shall be entered agamst the
bail, and execution 216
8. If the sheriff return on the scire facias, non inventus, or that he resides in
some other county, an alias shall issue to the sheriff of that county, who shall
execute and return the same to the Court of Common Pleas or County Court
from whence it issued ; and if an alias scire facias shall issue on the general
return of non inventus, and the like return made the second time, the plaintiff
shall have judgment and execution against the bail, as if he had been personahy
served with the writ ; provided, the common bail be not deprived from afipear-
ing and entering himself special bail, at any time before judgment signed, in
such action '"'^
9. In case of non est inventus, the plaintiff may sue out an attachment against
the estate of the defendant, returnable as before, and an aliaS; &c.; and it
goods be returned attached, the plaintiff shall declare and take judgment on
writ of enquiry, and the goods remain in custody and be sold to satisfy the
judgment as on fi. fa.; and if the judgment be not satisfied, the plaintiff may
have an execution against the person or effects of the defendant, for the ballance ;
provided all goods so attached may be replevied by the defendant, on entering
special bail "'^
10. The Judges of the County Courts, in those districts where County Courts are
established, and Justices of Quorum in other districts, and the Clerks of the
several District Courts, in their districts, authorized and required to give
orders for re^sonable bail, on proper affidavits made, in such actions as may be
commenced in any of the Superior Courts of Law, where bail may be proper,
but noigrantahie of course ; and such Judges and Justices shall and may also
take recognizances of special bail, in legal form, in any causes in the said
Courts, and certify and transmit the same to the Judges or Clerks thereof 275
11. The Clerk of the Court or any Justice of Quorum, on proper affidavits, to
grant orders for bail, or take recognizance of special bail 294
12. In all actions, wherein the defendant shall be held to bail by the sheriff serv-
ing the writ or process, the bail so given to the sheriff, shall be entitled to all
the rights, privileges and powers of special bail, and may surrender his princi-
pal in discharge of himself, or the principal surrender himself in discharge of
his bail, in the same manner and to the same extent as special bail are now en.
titled to ; any law, usage or custom, to the contrary in any wise notwithstand-
ing 309
13. It shall not be necessary hereafter for any bail to obtain a Judge's order for
leave to surrender his principal 309
BALLAST,
1. Not to be thrown over in any part of Charleston harbour 6
2. Not to lie below the line on which the wharf wall is to be built 6
3. Fines and forfeitures, how recovered 7
BANK OF THE STATE,
1. Its duties under the Act to rebuild the City of Charleston 156
2. To choose an Agent, to be commissioned by the Governor, to be sent to
Europe, to procure the loan, to be placed to the credit of the Bank of the State,
to become a part of its capital 1^"
3. The Bank to lend to such persons as will rebuild the portion of the city des-
troyed by the late fire, the two millions, on certain terms mentioned in the
Act 156,157, 15S
INDEX. 595
BANK OF THE STATE, (continued.)
4. before the loan, Charleston, by Ordinance, to guaranty the State against
loss by loans so made 158
5. Lessee, how to obtain benefit of the loan 158
6. Mortgage to take lien from date of its registry in the office of Mesne Convey-
ance against all persons 158
7. Construction of wooden buildings prohibited 159
8. Mode of proceeding 159
9. Bank to make provision for payment of principal and interest of said loan .... 160
10. A book to be kept in Bank of the profits of this loan, and the principal and in-
terest pledged to the repayment of the loan 160
11. Bank to report annually to the Legislature, the state of this fund 160
12. The Bank to pay the Attorney General and others their expenses in carrying
this Act into operation 160
13. Act for rebuilding Charleston amended 161
14. Conditions of the loans altered 161
15. The bond and mortgage to be given to the Bank for fire loans, to be so drawn
as to cover all the different loans 161
16. Abstract of such title deeds only as are recorded, to be furnished Bank, and
all unrecorded deeds 161
17. What kind of policies of insurance required 161
18. What applications to the Bank are to set out 161
19. Bank to direct the lot to be valued, and upon return of Commissioners, the
Bank then to answer as to the amount the applicant is entitled to 162
20. INo loan until terms are fully complied with 162
21. Fees of different officers regulated 162
22. Aitorney General to charge no fees for the bond and mortgage, or services
rendered as to the loan 162
23. Regulations as to persons who had commenced to build a stone or brick house
before the Act 162
BAPTISM,
1. Does not set a slave free 364
BASFORD SWAMP,
1. Certain water passages and drains to be cut in it 506
BASTARDS AND BASTARDY,
1. The County Court to take all orders concerning, as the Chief Justice or
Judges of the General Court of Sessions 172
2. The powers of the Church-wardens and the Court of Sessions, likewise vest-
ed in every County Court 245
BATTERY. See Sea Wall.
1. To be built on South-street, Charleston 28
2. A Public Landing reserved near the Battery in Charleston 28
3. Another Battery to be erected on Cooper river 29
4. Commissioners appointed, and their powers 29
BAY, JUDGE,
1. Authorized to leave the State for one year 318
BIGGON CREEK,
1. To be made navigable 475
BILLIARD TABLES,
1. Licences for keeping, grantable by the Commissioners of Roads 299
BILL OF EXCEPTIONS,
1. Every Judge shall, when required, sign and seal a Bill of Exceptions 295
BILLS OF EXCHANGE AND NOTES OF HAND,
1. With or without seal, in the County Courts, to be regarded as specialties and
sued in debt 232
BLACK'S CREEK,
1. To he opened for navigation 554, 561
BLACK MINGO CREEK,
1. Navigationto be improved 560
596 INDEX.
BLACK RIVER,
1. To be made navigable in certain parts 475, 489, 490
2. Navigation to be improved 535, 561, 583
BOATS,
1. Slaves not allowed to have boats. Proceedings in such cases. (Expired). . . .382
2. Slaves not to own boats 394, 409
3. If sent with a boat, to have a ticket for that purpose 394
BOND,
1. Whether under seal or not, to be sued on in the County Court in debt, and to
be regarded as a specialty 232
2, The plaintiff may, in covenant brought on bond, conditioned for perlormance
of covenants, or lor the delivery of property, or for things other than the pay-
ment of money, before he takes out execution, (and defendant, by rule of
Court, may compel him thereto,) submit the condition of such bond, and the spe-
cial circumstances to the jury, in like manner as on writ of enquiry, which jury
may assess and fix the debt or damages actually due; and the execution shall
be levied accordingly 280
BOOKS OF ACCOUNT. See Evidence. County Courts.
BOUNDARY STREET,
1. Established 93
BROAD RIVER,
1. To be kept open for Fish, and dams and other obstructions to be removed in
six months 531, 539, 540, 561
2. Company to open its navigation 558
3. Repealed 57S
4. Commissioners to open it 577
5. Commissioners appointed to open it and the Saluda, and a sum appropri-
ated 577, 578
6. Portage to be made around Lockhart's Shoals 582
BROAD-STREET,
1. In Charleston, to be straightened 138
BRIDGES,
1- County Courts vested with jurisdiction ov'er Roads, Bridges, &c 237
BUILDINGS,
1. In Charleston, not to be built of wood 159
BURGLARY,
1. For a slave to break open and steal from Corn houses and Rice houses.
(Expired .) 374
2. Slave may be killed if found committing burglary and attempts to escape,
resists, or refuses to submit 394
BURIAL GROUND,
1. For negroes in Charleston 77
2. Established in Charleston, for strangers and transient persons 92
BUTCHERING,
1 . Not allowed within the lines of Charleston, under penalty 38
CACAW SWAMP,
1. To be drained 513
2. Drains and water passages to be cleared 533, 536, 537, 570
CAMBRIDGE,
1. To finish the business there, two Judges ordered to hold, each a Court, one of
the Common Pleas, the other of General Sessions, for 15 days 264
CANAL,
1. Commissioners appointed to contract for a Canal from the west branch of
Cooper river to Cook's or Greenland's swamp, or from the East branch to
Echaw or Santee creek to Santee river 540
2. Santee Canal Company incorporated 541
3. A Company formed to cut a Canal between Ashley and Edisto rivers 545
4. Company authorized to open a Canal from head of Stave laading creek to the
main road leading from Charleston to Camden 557
5. A Canal to be cut up Round O swamp 566
6. Who to defray the expenses 574
INDEX. 597
CANAL, (continued.)
4. A Canal to be cut by public subscription, from Roger's Laiie to the Pee Dee
river 575
5. Commissioners and appropriation to cut a Canal across North Island, from
Winyaw Bay to the Ocean 579
CANOES,
1. Slaves not allowed to own Canoes or Boats. Proceedings in such cases.
(Expired ) 332
2. Slaves not to own Canoes 394, 409
3. If sent with one, to have a ticket for that purpose ,394
CA SA. See Execution.
CAPIAS AD RESPONDENDUM,
1. Form of, in County Court 235
CASE. See Trespass on the Case.
CATAWBA RIVER,
1. Compiny for opening its navigation, with that of the Wateree 549
2. See its many privileges 550
3. Allowed to cuta Canal from Stave Lamiing Creek to Charleston road 557
CATFISH CREEK,
1. Navigation to be improved 561
CATTLE,
1. Not to he kept or butchered with-n the lines of Charleston 38, 48
2. No slave allowed to have any neat cattle. Forfeited to the poor. Proceed-
ings in such cases. (Expired.) 332
3. No slave to own any neat cattle. Proceedings in such cases 394, 409
CAVEATS,
1. The Law Judges vested with power to hear and determine Caveats, instead
of the Governor and Council 275
CERTIORARI. See Jurisdiction.
1. Writs of, m.ethod of obtaining, to remove causes from the County Courts 221
CHALLENGE,
1. Owner allowed his challenge in all trial of slaves for capital oflTences ; but not
to extend to more than three freeholders 468
CHAMBERS. See Quo Warranto. Prohibition. Mandamus.
1. Motions to set aside or stay executions at law, may be made before a Judge
at Chambers 321
2. By consent of parties, the Chancellor may hear a cause at chambers 340
CHANCELLORS. See Court of Chancery.
1. Three created, (1784,) to be elected by joint ballot of both Houses, to hold
office during good behaviour, a. id removeable on address of both Houses 208
2. Oaih he shall take before entering upon the duties of his office 208
3. Any body presuming to execute the office without taking the oath, to pay a
penalty of £10,000 208
4. £5D0 salary allowed to each in lieu of all fees 211
5. Two 10 attend each district Court of Equity. , .297
6. From and among the residue of the Judges of Law or Equity, now in com-
mission, two persons shall be chosen, by joint ballot, who shall be vested with
all the powers, authority and jurisdiction, vvitii which tlie Judges of the Court
of Equity are now invested by law, with the exception only of those powers
appertaining to the Court of Appeals ; which persons so chosen, shall be de-
nominated Chancellors 326
7. It shall be ihe duty of the Chancellor, on the first day of every Court, to
call upon the Commissioner to make his returns ; and should the Commissioner,
or any guardian or trustee, neglect to make such their annual returns, the
Chancellor shall, d'lring the Court, and before it rises, make such order as shall
be necessary to carry into strict operation this Act, and as shall be necessary to
protect the interest of those whose estates are in the possession of trustees or
guardians; and should any Chancellor neglect so to call upon all commission-
ers and masters for repurts, he shall be responsible, after the commissioner has
been sued to insolvency, or removed without the State, for all losses sustained
VOL. VII.— 76.
598 . INDEX.
CHANCELLORS, (continued.)
by any one in consequence of such neglect of duty ...' 32S
8. May appoint a Register during tlie Court, where incumbent is unable to
perform his duties ^"^
9. Each Chancellor shall have power to hear at chambers, and to confirm or
refuse to confirm, reports of Commissioners in Equity, and to make the proper
orders thereon, in all matters of account and partition , and shall likewise have
power to hear at chambers and to make the proper orders thereon, all petitions
for guardians ; p-owdec/, that in case of any application to a Chancellor, at
cnambers, reasonable notice thereof shall be given to the party or parties in
interest ••
10. By consent of parties, may bear causes at cliambers, and may hold special
courts vvlien deemed necessary • • • •''*"
CHANCERY PRAC TICE See Chancery. Orders in Chancery.
1. Proceedings where the defendant is without the State • -''lO
2. Where a parly refuses to appear *^"
' 3. Where there are several defendants to a suit in Chancery, residing in differ-
ent districts, the complainant shall proceed in that district in vvliich the great-
est number of defendants reside ; and i( the number be equal in diflferent
districts, he may elect, and the Judges to make rules to carry this law into
effect 2^^
CHARLESTON,
L Streets and lots cleared, and Night Watch regulated 1, 2, 4, 9, 18
2. Swine and other nuisances prohibited in Charleston &
3. Duties appropriated for Fortifications "
4. Watch regulated, and regulations as to fires '
5. Lots to be cleared
6. Goats not to go loose "
7. Nuisances.
8. Chimnies how to he built 1^
9. Fires.. 1^
10. Fire Buckets, &c.' 1^
11. Slave not to cut wood on lands not his master's H
12. Side-walks ^^
13. The Provincial Library in Charleston, regulations thereof. 13
14. Wall to be built to guard the wharves from the sea 16
15. Buildings near the wall regulated 1"
16. W^atch, fires and nuisances 1'
17. Public landing places ^'
18. Watch ^
19. Sea wall and fortifications 28, 33, 36
20. Butchering in town prohibited 38
21. No.-th bar of Ashley river to be obstructed, and military watch regulated 38
22. Regulations in regard to fires 41
23. Fortifications 43, 47
24. Watch 49, 54
25. St. Philip's Church to be erected, and parish laid off. 56
26. Fire regulations ^°
27. Sea wall and fortifications 60, 65, 72
28. Bounds of Queen-street, formerly Dock street 74
29. Certain vacant lands on the North side of that street appropriated 74
30. Fortifications, and appropriation of certain surplus lands 76
31. Goats and swine '"
32- Town plot to be recorded '6
33. Negro burying ground ''
34. St Philip's parish divided into St. Phihp an^ St. Michael, and a Church and
Parsonage house to be built for the latter. Number of members to represent
these parishes, and the salary of the Rector of St Philip raised 79
35. House and lot to be bought for the parsonage of St. Michael; the pews to be
sold, and part of former Act repealed ^
INDEX. 599
CHARLESTON, (continued.)
36. Bridge to be built on East Bay 87
37. Old Church. street (now Meeting) continued to George-street 85
38 Canal to be cut at West end of Broad st 87
39. A common established 89
40. Allen-street established 89
4;. Poor House and Hospital to be built 91
42. Fund provided 91
43. Poor House how to be used ." 91
44. Wliat shall be held a settlement 92
45. Burial ground established for strangers and transient white persons 92
46. Boundary-street established 93
4'5. Several streets laid out, and assessments paid to compensate owners 94
43. Land vested in the King for public use 94
49. Glebe land disposed of. 95
50. Charleston incorporated, and divided into 13 Wards, (1783. ■> 97
51. Wardens how to be elected 97
52. Intendant how to be elected 98
53. Powers and duties of City Council 98
54. Powers of City Council enlarged 101
55. Jurisdiction of Court of Wardens 102, 107
56. East Bay-street to be continued to Ashley river, and assessment how to be
made 103, 105
57. Persons owning wooden buildings on wharves (not dwelling houses) allowed
further time to pull them down or remove them 108
58. East Bay street to be compleated 109
59. Land for Fort 3Ie( hanic, compensation for 110
60. Intendant, Wardens, City Treasurer, Sheriff, Marshall and Recorder, exempt
from serving on juries Ill
61. City Council may increase the tax on licences for retailing liquors Ill
62. Quorum of City Council, and lots to be disposed of. Ill
63. Compensation ;o persons for East Bay 112
64. No Street, Lane, Alley or Court to be opetied without permission of City
Council, under penalty 115
65. To compensate the heirs of Peter Porcher for continuation of Meeting-street
over his lands on the Neck 115
66. East Bay-street 116
67. Tobaccfy Inspection established 118
68. Inhabitants of Charleston only to serve six dajs in each term on the juries.
A new jury for each week 119
69 Authority of the Council over tonnage 120
70. Wards to be defined and Escheaior appointed 122
71. Market-street : .123
72. Inten<lant, when to be elected 125
73. Election, when lo be held 125
74. In case of vacancy 125
75. Qualification of Intendant and Wardens, and voters 125
76. Addition to powers of Intendant 125
77. Wards and their representation 126
78 To be apportioned according to population and taxation 126
79. Council authorized to erect a Magazine for gun powder in the city burial
ground 127
80. Authorized to widen Slotte street, and to open Kinloch's Court ; Union-street
and Unity Alley to be divided 129
81. Company formed for that purpose 129
82. State-street to be laid out 131, 133
83. Commissioners to assess certain lands on which fortifications were buHding. ..134
81. Its jurisdiction extended to the channels of Cooper and Ashley rivers 135
85. Its War Is and Ordinances confirmed 135
86. Pinckney-street to be opened to Meeting-street 136, 138
87. Board of Commissioners to widen streets 136
600 INDEX.
CHARLESTON, (continued.)
88. Their powers 137
89. Streets, hereafter to be 6il feet wide 138
90. Coroner to be elected by Council 133
91. Qualification of voters for Tuwn Council 138
92. INames to be registered 139
93. List to be made out , 139
94. Persons swearing falsely, how to be punished 139
95. Wardens to be elected by general ticket 139
96. Election of Intendant 139
97. Council enaliled to carry into effect the Quarantine Laws 140
98. Mayor to hold the Police Court 140
99- In case of his absence 140
100. Fines 140
101. The law requiring the streets, &c. to be 60 feet wiile, repealed 140
102. Council authorized to appoint Commissioners to assess damages in opening
streets 141
103. Registry law altered 141
1C4. Managers to read to persons oflTering to vote, the part of the Constitution
which relates to the qualificationof voters, and .shall require the oath prescribed. 142
105. Council authorized to grant licences to retail grocers, and persons retailing on
the wharves 142
106. Council empowered to prevent retailing of spirituous liquors without a license. 142
107. May regulate the measuring of grain sold within the corporation 143
108. The Act appointing a Board of Commissioners to open and widen streets in
Charleston, amended 143
109. Council authorized to fill up low lots and grounds within the city, in certain
cases 144
no. Authorized to shut up certain streets near the market 145
111- Inspection street may be closed for a parade 146
112. Mitchell's Alley to be closed 146
113. The Council authorized to tax the income and profits of persons resident with-
out the city, derived from business conducted in the city 147
114. To close Amen-street 147
115. In case of disagreement of Commissioners, another may be called in 148
116. Title of the City Council changed to that of Mayor and Aldermen 148
117. Their powers 148
118. Re-eligibility of the Mayor 149
,119. Amendments of the city charter, and alterations of its laws, are not to be
made by the Legislature, unless the substance of the amendment be published
' in some Gazette of the city for 30 days previous to the application to the Legis-
lature.. I'i9
120. The fire de[)artment in Charleston regulated 150
121. No wharf in Charleston to be extended beyond a certain line 151
122. Guard hou.se in Charleston to be repaired 152
123. College in Charleston reorganized ■ .. 153
124. City Council authorized to close Fort-street and part of Church-street 155
125 Aldermen not to exceed twelve, but apportioned among the wards in propor-
tion to population and taxation 155
126. To be apportioned every ten years 155
127. Act to rebuild the city alter the great fire 156
128. Governor to issue bonds not exceeding two millions, on certain conditions, to
procure a loan for the State 156
129. Agent to be sent to Europe to procure the loan, to be placed to the credit of
the Bank of the State, to become a part of the capital 156
130. The Bi,nk to lend to such persons as will rebuild the portion of the city des-
troyed by the late fire, the two millions, on certain terms mentioned in the
Art 156, 157, 158
131. Before the loan, Charleston, by Ordinance, to guaranty the State against
loans so made 1"
132. Lessee how to obtain benefit of the loan 158
INDEX. 601
CHARLESTON, (continued.)
133. Mortgage to take lien from date of its registry in the office of Mesne Convey-
ance against all persons 153
134. Construction of wooden buildings prohibited . . . , . . 159
135. Mode of proceeding 159
13G. Bank to make provision for payment of principal aiic interest of thesnid loan.. 160
137. A book to he kept in Bank of the profits of this loan, and ihe principal and
interest pledged to the repayment of the loan 160
138. Bank to report annually to the Legislature the state of this fund 160
139. The Bank to pay the Attorney General and others their expences in carrying
this Act into operation 169
140. Act for rebuilding Charleston amended 161
141. Conditions of tiie loans altered 161
142. Fees of different officers regulated 162
143. J'egulations for persons who had commenced to build a stone or brick house
before the Act 162
144. No owner shall give to his slave, a ticket to go to Charleston, or from planta-
tion to plantation, on Sunday, unless it be on particular business, not reasona-
bly to be delayed, under the forfeiture of ten shillings ; and in every ticket
given, the particular business shall be mentioned, or the slave shall be dealt
with as if he had no ticket 354, 373
145. No country slave to have a ticket to go to Charleston on Sundays, but on
business of necessity, specified in his ticket. (Obsolete.) 387
CHARLESTON COLLEGE,
1. The Trustees authorized to surrender to the City Council all their rights, on
certain conditions 153
2. The Mayor ex-officio to be a Trustee, and the City Council to elect three
Trustees, out of a Board of 21, from their own number, annually 153
3. How the rest of the Board elected 154
4. Their powers and franchises 154
5. Time of meeting, and to elect officers 154
6. Vacancies how filled 154
7. The faculty 1.54
8. Council only chargeable for appropriations made by their own body 154
9. All repugnant laws repealed 154
CHECHESSEY CREEK,
1. To be cleared 510, 548
CHEHAW,
1. Cut out of it to Ashepoo river to be made 525
CHIEF JUSTICE,
1. Abolished in 1800 288
CHIMNIES,
1. Not to be built in Charleston but of brick or stone, (unless underlicense,) un-
der penalty of five pounds iO, 19
2. Wooden ones to be taken down 10, 19
3. Fine if a chimney takes fire 10, 20
4. In Charleston, penalty for taking fire 20, 42
CHRIST CHURCH,
1. Cut to be made from Christ Church to transport goods to Charleston 475
CHRISTIANITY,
1. Professing Christianity, does not set a slave free 364
CHURCH See St. Michael's. St. Philip's. Presbyterian Church.
CHURCH-STREET,
1. Old Church-street continued to George-street 85
2. Council authorized to close it 155
CIRCUITS. See Court of Chancery.
1. The State divided into Eastern, Western, Northern and Southern circuit,
with a Solicitor for each 285
2. Each to be a Court of Record, and persons attending, free from civil arrest.. .286
3. 'i'he S'ate divided into three Equity Circuits 304
4. The districts divided into four Equity Circuits 297
5. Times of holding the Courts 297
602 INDEX.
CIRCUIT COURTS. See Supreme General Courts, and Courts, (^Circuit.)
CITY CONSTABLES,
1. Exempt from militia duty, except in times of invasion or alarm.. 150
CITY COUNCIL OF CHARLESTON,
1. Jurisdiction as lo debt 107
2. May issue commissions to examine witnesses 107
3. Counsellors and Atlornies not exempt from their jurisdiction 108
4. Authorized lo elect Commissioners o'' Roads for St. Philip's and St. Michael's. 109
5. May at their discretion increase i he tax on licences for reta.ling spirituous
liquors HI
6. Intendant, Wardens, City Treasurer, Sheriff, Marshall and Recorder, exempt-
ed from serving on juries Ill
7. To appraise and sell certain lots on East Bay-street extended Ill
8. To receive toll on goods landed at slip at lower end of Queen street, (except
brought over by boats at Hibben's ferry,) as are now recei/ed by owners of
other wharves 112
9. Except to impose taxes and appropriate money, the Intendant and seven
Wardens to form a quorum 112
10. Authorized to assess lots on Sullivan's Island, to complete Pest House on
Sullivan's Island 113
11. No new street, lane, alley, or court, to be laid out without their authority. . .115
12. Authorized to extend East Bay-street over lands of Robert Raper, paying the
sum assessed.. 116
13. The purchase money how to be paid , 117
14. Authorized to impose a tonnage on vessels, with the consent of Congress, to
baild a Marine Hospital 120
15. Ordinance of the City Council, laying restri( tions on the vending of corn,
peas, oais and other grain, carried for sale to Charleston, repealed by the Legis-
lature 122
16. Authorized to define the wards of the city 122
17. Their acts legalized from 1st Monday in September, 1805, to December, 1813.. 135
18. Authorized to elect annually, a Coroner for St. Philip and St. Michael 138
19. One thousand dollars per annum allowed the City Council by the State, for
aiding in enforcing the quarantine laws .140
20. May appoint Comraissionors to assess damages to lots in vvdening streets 141
21. Power to grant or refuse licences to retail grocers 142
22. May pass Ordinance imposing penalties on retailers of spirituous liquors, sel-
ling without licens2, within the corporate limits, and lo recover the same.. 142, 143
23. To regulate and control the sale of grain, by meLsurement or weight, or
both, sold within the city 243
24. V^ested with the powers of the Commis.sioners of streets 143
25. Autliorized to fill up lots and grounds in the city 144
26. Authorized to shut up certain streets near the market, and to appoint Commis-
sioners to assess the value of lots, &c 145, 146
27. Authorized to enclose Mitchell's alley 146
28. Title of Intendant and Wardens changed to Mayor and Aldermen 148
29. Powers continued 148
30. In absence of the Mayor, may elect one of the Aldermen in his place 149
31. May levy fines to the amount of $1000, to be recovered in city or other court. 149
CITY GUARD,
1. No officer of, or non-commissioned officer, to exercise any of the powers of a
Magistrate, in any case by or against the city guard, or any member thereot'". . . .149
CITY SHERIFF,
1. Of Charleston, exempted from serving on juries HI
CITY TREASURER,
1. Of Charleston, exempted from serving on juries Ill
CLARKE'S CREEK,
1. To be made navigable 523, 554
CLERK,
1. Penalty for employing any slave or free person of color as a clerk or sales-
man, in or about any shop, store or house used for trading 468
INDEX. 603
CLERKS OF COURT,
1. The Clerk of the Crown Pleas and of the Court of Common Pleas, may act
themselves in their official business, or appoint clerks, for whom they shall,
resperlively, be answerable 202
2. No Clerk of the Courts to act as attorney or solicitor in any Court 202
3. May adjourn the Courts de die in diem, as long as the term lasts, until the Court
meets .. 204
4. Anil till the next term 204
5. Deputy Clerk of the County Court, how to be appointed 243
6. Clerk's office to be kept at Court Hou^e 243
7. For all public services of theClerkof the County Courts, for which no particu-
lar fee is allowed, five pounds per annum, and for the Sheriff seven pounds 10s. 244
8. The Clerks of the Circuit Courts allowed the same fees as Clerks of the
County Courts 254
9. Entitled to the same rights an 1 emoluments, and subject to the disabilities,
as the Clerk of the Court of Charleston now is 254
10. To give bond 254
11. May be removed by the Governor 254
12. May appoint deputies 254
13. Oath ;;255
14. Not to act as attorney or j ustice 255
15. Shall always make out a bill of fees, signed by the Sheriff, Clerk or other
officer to whom such fees are due, to be expressed in words, and shall give a
receipt 255
16. A list of fees to be hung up in his office 255
17. Office hours from 9 in the morning till 4 in the afternoon 255
18 For each senrch Gd 255
19. The Clerks of the several district courts (Charleston excepted) shall, on the
15ih day of every January and June, make out in an alphabetical docket, by
the defendant's names, officially subscribed by them, under seal, a particular
account of all judgments entered in their courts, for the terms immetliately
preceding ; the docket to cont.iin, besides the names of defendants, their places
of abode, tit'e, trade and profession, if any appear on the record, and the
debt, damages and costs recovered, the district, and number of the roll ; to
be transmiited by said clerks to the clerk ot the court of common pleas, in
Charleston, to be entered of record 255
20. Penalty for neglect 256
21. Judgments not so docketed of no avail, except in the district where recovered. 256
22. The Clerks or their deputies may open and adjourn the Circuit Courts, in
absence of tiie judges 262, 254
23. Clerks to be appointed for the new districts ef Pinckney and Washington . . . .264
24. May have execution for his fees, if the case slops at any stage 264
25. The ( lerks of the County Courts to be appointed, commissioned and qualified
as heretofore 267
26. When any person shall be aggrieved by the negligence or malpractice of any
clerk or sheriff of the county courts., on motion to the court, after notice of two
days to the clerk or sheriff, of such intended motion, and the grounds thereof,
in writing, the court .shall forthwith give such order or judgment as to justice
doth belong 268
27. Clerks of the County Courts may adjourn their Courts 269
28. Clerk of the Court at Camden, to be Clerk to the Constitutional Appeal Court
at Columbia 275
29. Under the new judiciary system of 1800, how appointed 28S
30. Clerksof County Courts continued till otherwise elected 289
31. How to be appointed under the Act of 1799 292
32. Their bond, how to be sued on 292
33. May grant orders for bail, and take recognizances of special bail 294
31. Of each district to be Register of Mesne Conveyances 296
35. In case o( vacancy Judge shall appoint tor the session of the Court 296
36. Clerks of County Courts to account to Commissioners of Roads for County
funds 296
604 INDEX.
CLERKS OF COURT, (continued.)
37. To grant commissions to ex.iraine witnesses. Ten days notice being given to
the opposite pnrty, &c 298
38. May admit guardians for negroes 298
39. May qualify before any two Justices of the Quorum of his district 298
CLERKS OF THE APPEAL COURT,
1. Tiie Judges to aopointone for Columbia and one for Charleston, removable at
their pleasure, and to receive a salary of $3J0 331
2. Their offices where to be kept 332
3. Records to be delivered to the said clerk 332
4. Shall not charge for certifFi-ates of the result of a cause, but shall send them
to the clerks of the circuit courts, as soon as the cases are determined 332
5. Allowed the usual charge for copying, per copy sheet 332
CLERK OF COUNTY COURTS,
1. IIow to be appointed 221
2. How removed. 222
3. To provide record books 222
4. His fees 222
5. How to be collected 222
6. May appoint a deputy , 223
7. Clerk's oath 223
COLLETON,
1. Court of, to be held at Jacksonborough .289
2. Commissioners to fix on place for Court House 289
COMMISSIONS,
I. No commissions to be allowed on sales not actcally made; but if the Court
order the Master or Commissioner to make titles, he is entitled to a fee of $5 for
the title 324
COMMISSION TO TAKE DOWER See Dower.
COMMISSIONERS OF BAIL,
1. To be oppoiated by the Judges in each district, with power to take recogni-
zances of special bail and affidavits, such recognizances being signed and
sealed by the persons making the sam.e, in any causes depending in the said
courts, and to he certified and transferred to the courts 204
COMMISSIONERS AND MASTERS IN CHANCERY. See Master and Commissioners.
COMMISSIONERS OF CROSS ROADS,
1. In ("harleston, declared Justices of the Peace ex-officio, except for trial of
small and mean causes 4&2
COMMISSIONERS OF STREETS,
1. Board to widen streets 137
2. Owners to be compensated 137
3. Low lots to be drained or filled up 137
4. Opening Pinekney street, how paid for 137
5. Broad. street to be straightened 138
6. Streets to be hereafter 60 feet wide .-. .138
7. Authorized to declare in what cases the streets, alleys and lanes of Charles-
ton shall he widened 140
8. The law declaring no street lo be less than 60 feet wide repealed 140
9. Damage how to be assessed 141
10. Their powers transferred to the City Council 143
COMMISSIONER IN EQUITY. See Master and Commissioner.
COMMISSIONERS OF PUBLIC ACCOUNTS,
1. To surrender certain bonds from the treasury, in place of the Governor 275
COMMISSIONERS FOR OPENING RIVERS, CREEKS AND DRAINS,
1. Their power to assess certain inhabitants for certain works 500
COMMISSIONERS OF ROADS,
1. To call ihe Clerks and SherifTs of the late County Courts to account for all
funds in their hands belonging to the county 296
2. Authorized to grant licences to keep taverns and retail spirituoua liquors, and
to keep billiard tables 299
INDEX. 605
COMMON PLEAS COURT. See Supreme and General Court.
COMPENSATION,
1. Allowed for all damages sustained in public service, in case of alarm or inva-
sion 48
2. Allowed out of the public treasury for all slaves killed in executing the laws,
or executed by the course of law. (Expired.) 383
CONGAREE RIVER,
1. Navigation to be improved 561
CONGRESS. See Members of Congress.
CONSPIRACY. See Insurrection.
CONSTABLES,
1. Of Charleston, offending, how to be punished 3
2. May be appointed and fined or removed in each county, by the County Courts . 181
3. Who have no recognizances or other matter to return, need not attend the
general court of sessions 186
CONSTITUTIONAL COURT. See Court of Appeals, {Constitutimial.)
CONTEMPT OF COURT,
1. How punished 171
CONVEYANCES,
1. How to be proved and recorded in the counties where there were County
Courts. (See Penman vs. Hunt, 2 Bay, 251) 232
2. No deed to have effect to convey any right in lands, &c. unless made in wri-
ting, signed, sealed and recorded in the clerk's office of the county where the
land lies 233
3. Time allowed for recording — 1st. where the grantor is resident within the
State at the execution, within 6 months from the execution; 2nd. where resi-
dent in any other of the U. States, within 12 months ; 3rd. if resident without
the limits of the U. States, 2 years 233
4. Deeds not recorded in such times, only to be valid against parties and their
heirs, but void as to creditors or subsequent purchasers, with deeds recorded as
required above 233
5. No deed to be admitted to record, in any County Court, unless acknowledged
or proved in such court, by the grantor in person, or otherwise, by proof of the
execution, to be male in open court, by the oath of two credible witnesses, at
the least 233
6. Memorandum of livery and seisen made in deeds of feoff'ment, to be likewise
acknowledged or proved and recorded with the deed, and such memorandum
thus recorded, shall be taken and deemed a sufficient livery and .seizen 233
7. The above provisions are made by the 45th sec. of the County Court Act,
which section has been held to relate only to counties where county courts
were established, and did not extend to other parts of the State. (Penman vs.
Hunt, 2 Bay, 251.)
8. A memorial of sales and conveyances, mortgages, marriage settlements, deeds
of trust, of lands or slaves, of any person residing in the State, charged, incum-
bered or passed from one person to another, shall be registered in the Secre-
tary's office 234
9. See the Act of 8th March, 1785, ante, vol. 3rd ; and that of 21st December,
1792, vol. 5th, 203.
10. The memorial to contain the date of the deed, the names, sirnaraes and ad-
ditions of the parties, the consideration, the lands, where they lie, and the num-
ber and ages of the slaves 234
CO-PARTNERS AND COPARTNERSHIP. See Partners.
CORONER,
1. To serve process where Sheriff" is interested 215
2. For St. Philip and St. Michael, to be annually elected by the City Council of
Charleston 138
3. Their jurisdiction confined to their counties 181
4. May be appointed and removed by justices of the county courts, and fined
for misconduct 181
5. For neglecting to make return of executions in his hands, according to law,
VOL. VII.— 77.
606 INDEX.
CORONER, (continued.)
to forfeit not less than $40 nor more than $200, to any body who shall sue for the
same, liesides suffering other pains and penalties ;■ provided he be not compell-
ed to return executions lodged to bind property and so marked 296
6. May qualify before any two justices of the quorum of his district 298
CORPORATION,
1. A company incorporated to widen Union-street and Unity alley, Charleston . . . 129
2. " The Company for the inland navigation from Santee to Cooper river," incor-
porated 541
3- The Company for improving the navigation of Edisto and Ashley rivers, and
making a Canal from one to the other 546
4. Company for the opening of the navigation of the Catawba and Wateree
rivers 549
5. See its extraordinary privileges 550
6. Authorized to cut a Canal from Stave Landing creek to Charleston road 557
7. Company for opening tbe navigation of Broad and Pacolet rivers 533
8. Rt^pealed 576
9. The Sarapit and St. James Santee Canal Company incorporated 580
COSTS,
1. Of the justices and officers of the County Courts 175
2. Of goaler, for disorderly persons or servants committed 177
3. Only half fees allowed in the Supreme or General Court, if judgment does
not exceed twenty pounds, current money 178
4. Where damages do not exceed 35 pounds current money, in all actions of
debt, detinue, account, covenant, trover and case, half costs only are allowed 185
5. Judges may tax costs 188
6. In the common pleas and general sessions, to be divided equally among the
judges, and fees for business actually done on the circuit, to be paid to the judge
performing the duty 205
7. If any judge be elected a member of Congress, his salary and fees to be sus-
pended while absent from the State 205
8. Of the sheriff, on executions in decrees in chancery 211
9. f 500 salary allowed the Chancellors in iieu of fees 211
10. On nonsuit in the County Courts 217
11. In the County Courts, not allowed in cases of assault and battci-y, if verdict
be for less than two ponnds 231
12. Where the verdict in the County Court is under forty shillings, no more costs
are allowed than damages, unless the Court enter its opinion on record that the
trespass was wilful and malicious 231
13. Costs allowed defendant in all cases where judgment is given in his favor 231
14. Where there are several defendants in trespass vi et armis, and one acquitted,
he shall have his costs, unless the court are of opinion that there was reasona-
ble cause for making him a defendant, and shall so order 231
15. Plaintiff out of the ^tate, sueing before the county court or any justice of
the peace, any inhabitant, when required, in the course ot the case, shall, upon ■
motion, give sufficient security to the defendant for all costs accruing, and on
failure, the suit to be dismissed, and the defendant have judgment 232
16. In Sum. Pro 200
17. In the County Courts 238
18. Fees of County Court Clerk 238
19. Fees to the Sheriif 240
20. Fees to the Cironer 241
21. Fees to the Constable 241
22. Accounts for, how to be made out 242
23. Table of fees to he exhibited by Clerk 242
24. Attorney's fees 242
25. Coroners ■ 242
26. Of county attorney 248
.27. At whatever stage any suit may cease or determine, the attornies, clerks and
sheriffs shall have their fees taxed; and on non-payment thereof, execution
INDEX. 607
COSTS, (continued.)
may be is.sued against the party from whom they are due, and be lodged with
the sheriff, and returnable at the ensuing return day ; and the sheriff, for his
trouble in collecting such fees, shall be allowed a commission of 2i per cent, to
be paid by .«uch defaulter 264
28. A prisoner acquitted or discharged from prosecution, freed from all costs 265
29. Attorney's fees reduced 288
30. The Act of 21st December, 1799, as concerns attorney's fees, repealed 292
31. Penalty for taking unlawful fees 293
32. Attorney's fee for prosecuting appeal in a magistrate's case, $20 296
33. Full costs allowed in all cases of trespass to try titles to lands, trespass on the
case, trover, detinue, or any of them brought to try the title to property, if the
verdict amounts to $4 297
34. Fees of Attorney, Clerks and Sheriffs in the City Court of Charleston, the
same as now allowed on sum. pro. in the Circuit Court 303
35. The council may add one dollar, or less, to each cause, to defray in part the
expenses ot the court 303
36. Fees established of the Master and Commissioner in Equity 307
37. Fees of the Register and Commissioner in Equity 307
38. Solicitor's fees in Equity 307
39. Penalty for taking unlawful fees 308
40. Of the Inferior City Court of Charleston, to be tne same as in the Circuit
Court ...319
41. No commissions allowed Master or Commissioner on sales not actually made;
but $5 allowed for executing a title ; 324
42. In a case of appointing a Guardian, the Master or Commissioner not to re-
ceive more than $10 324
43. And the same in all cases of petition 324
44. Only half costs allowed in equity cases of partition under $2000 value 328
COTTON,
1. Storage in Charleston, not to exceed twelve and a half cents per week for
each bale 121
COUNTY ATTORNEY,
1. His fees 248
2. To be appointed by the Justices of the County Court, to prosecute State cases. 235
COUNTY COURTS. See Courts, [County.)
COUNTY COURT AcT, See Cowrts, (County.)
1. The County Court Act " for establishing County Courts, and for regulating
the proceedings therein" 211'
2. The Act amended 243
3. How much of this Act is repealed by the Circuit Court Act of 1788, and how
much of it still remains of force. See Bready vs. Hill, 2 Const. Rep. (Tread.)
655; M'Clain vs. Hayne, 1 ibid. 212,
COUNTY SHERIFF. See Sherijf.
COUNTY TAXES,
1. To be imposed and collected by the County Courts 28S
COURTS,
I. Supreme and General Court.
II. Circuit Courts of Law.
III. Courts of Chancery.
IV. County Courts.
V. Inferior City Court of Charleston.
VI. Court for the trial of slaves anl persons of color.
VII. Appeal Court (ConstitutionaP of Law.
VIII. Appeal Court in Chancery.
IX. Court of Appeals in Law and Equity, with appellate jurisdiction only. (Com-
posed of 3 Judges.)
X. Court of Appeals in Law and Equity, (of all the Judges of Law and Equity.)
XI. Court of Appeals in Law (of the Law Judges.)
XII. Court of Appeals in Equity, (of the Chancellors.)
Xin. Court of Errors, and for the trial of all Constitutional questions, and points of
608 INDEX.
COURTS, (continued.)
law on which the two Courts of Appeal differ, (of all the Law Judges and
Chancellors in one chamber.)
I — SUPREME AND GENERAL COURT.
1. No person to practice in, until admitted and sworn 119
2. Any person may plead his own cause, or plead for another, leave being first
had, if no fee or reward be taken .173
3. Process, how to be issued .175.
4. May appoint Surveyors and Viewers , 177
5. To imprison obstinate and incorrigible servants, who shall desert their mas-
ter's service, or refuse to work, also loose, scandalous, idle persons, and appoint
their allowance to be bread and water 17T
6. May order them bodily punishment, not to extend to life or limb 177
7. To sue for legacies, gifts and donations to free schools, and other public uses
in the name of the King, within the precinct of Chajleston 177
8. May appoint a Treasurer for collecting the same, and for sums levied in the
precinct, who shall account to them 177
9. Persons may plead their own cause in this court 177
10. Half fees only allowed where the judgment is under twenty pounds, current
money 178
11. No certiorari or other writ to remove a cause from the County Courts to the
General Supreme Court shall issue, unless it be for a matter above ;C25, in civil
cases, and life and limb in cases criminal ; nor in any other case shall the
Judges of this court examine, discuss, vacate or otherwise rule, order or ad-
judge any matter or thing in contradiction to the proceedings of the County
Court , 17S
12. Those who serve as jurors for the County Courts, the Judges, Coroners, Mar-
shalls and Constables, not bound to attend any of the courts in Charleston 181
J 3. Courts originally established in this Province by the Governors, by authority
of their commissions from the King 184
14. Jurisdiction given to the Supreme Court by Act of Assembly, (1734,) to bear
and determine all motions and other matters whatsoever, as the justices or
judges, or puisne Judges or Barons, in his Majesty's Court of King's Bench,
Common Pleas and Exchequer, at Westminster 185
15. Chief Justice and Justices to hold court together in all causes, civil and crimi-
nal, real, personal and mixed, and the justices have equal voices and power
with the chief justice, in all cases, motions and other matters ., IBS'
16. One settled form of writs, and all to be returnable before the justices 185-
17. In absence of Chief Justice, the others to proceed in business 185
18. Damages not amounting to more than thirty-five pounds, current money, in all
actions of debt, detinue, account, covenant, trover and case, half costs only
allowed 185
19. Magistrates, Justices and Constables who have no recognizances or other mat-
ter to return, need not attend the court 186
20. Times of holding the Court altered IBS'
21. This Act made of force for 5 years 189
22. The Court of Common Pleas and the Justices thereof, to exercise all the pow-
ers and jurisdiction in all civil cases, within the Province, in as ample a manner
as the Court of Common Pleas, at Westminster, and the Justices thereof. 190
23. Courts of common pleas, how to be holden and adjourned 190
24. Not allowed to put in force any statute of Englacd or Great Britain, wherein
the plantations in America are not particularly named, or by the intent or pur-
view of such statute, not extended to the said plantations, or made of force
here 191
25. Court not being held, the causes ordered to stand for the next conrt 192
26. Any one of the assistant judges of the court of common pleas and general
sessions of the peace, oyer and terminer, assize and general goal delivery, in
the absence of the chief justice, may adjourn the court 193
INDEX. 609
COURTS, (continued.)
27. Court of general sessions of the peace, oyer and terminer, assize and general
goal delivery, to sit three times a year 194
28. Business to stand over to these terms 194
29. Times for drawing juries altered, and new jury lists established 195
30. Ballots and boxes, how to be prepared 195
31. Times of ho'ding courts of common pleas 19S
32. Times of holding courts of general sessions of the peace, oyer and terminer,
assize and general goal delivery in Charleston 198
33. On the circuits, to hold pleas of all causes, civil and criminal, as near as may
be, as the justices of assize and 7iisi prius do in 6reat Britain, at Orangeburgh,
Camden, or Pine Tree Hill, Ninety-six, Georgetown and Beaufort 198
34. Courts to sit from day to day, not exceeding 6 days, until the business be dis-
patched, and what remains unfinished, to be adjourned to the next court 198
35. Judicial districts estal)lished 199
36. Powers of the Judges of the courts of general sessions and of common pleas,
for making rules and dispatching business 199
37. In case of siclvness or absence of a Judge, Governor authorized to commis-
sion any person to hold and exercise the office 199
38. All writs to be returnable to the court of common pleas in Charleston, and to
be directed to all and singular the Sheriffs, instead of the Provost Marshal, and
shall be served in the district where the defendant resides oris found ; and all
proceednigs carried on in Charleston, untd the cause is at issue, and the practice
and proceedings in the said courts, respectively, shall be as nearly similar as
may be, to those now held in Charleston, and to the Courts held in Great
Britain, by his Majesty's Justices of assize, and of 7usi prius. Provided
no British statute is to be made of force in this State 200
39. In all capital cases. Court may respite execution until thirty days after sen-
tence 200
40. Fees of the Judges of the district or precinct courts, to be the same as allow-
ed the judges in Charleston 202
41. The law concerning the district courts not to take effect before notice by
Governor's proclamation 202
42. 'i he district courts to be courts of record, and all persons necessarily going to,
or returning from, free from arrests in civil cases 203
43. Clerks of the courts may adjourn the courts de die in diem, during the term,
until the judge comes, and to the next court, if he does not come 204
44. Fees to be divided equally between the judges of the court of common pleas
and general sessions, and on the circuit to go to the judge performing the duty . . 205
45. Proceedings in the court of common pleas and general sessions, suspended
during the capture of Charleston, and resumed, and the times fixed for holding
them, and the courts to have all the powers they had before 206, 207
46. A court at Charleston, not held for want of a judge, adjourned to the next
term
.251
47. Time of holding of the court of general sessions and common pleas in Charles-
ton, changed 250
48. One Judge may hold that court 251
49. That court constituted as a circuit court 251
50. The Act to that effect, of 1778, having expired, is re-enacted 251
51. The proceedings of that court under one judge, during the time the law had
expired, and not yet re-enacted, declared legal and valid 251
52. Sheriff or clerk of the court may adjourn it, if the judge be absent, de die in
diem, not exceeding 6 days, until the court meets, and if the judge does not
come, until the next term 252
53. The drawing of talesmen declared legal 252
II.— CIRCUIT COURTS AT LAW.
1. Original and final jurisdiction given to the circuit courts, as possessed and ex-
ercised by the courts of general sessions of the peace and of common pleas,
held in Charleston, unless otherwise directed by the Act 253-
610 INDEX.
COURTS, (continued.)
2. Times and places lor holding the circuit courts 253
3. Clerks may adjourn the courts 254
4. Execution and other process, how to issue and run 234
5. Clerks of, allowed the fees of clerks of the county courts 254
6. Subject to the same disabilities as the clerk of the court at Charleston. , 254
7. Process, when returnable 254
8. Clerk to give bond, and may appoint deputies 254
9. His Oath 255
10. Clerk not to act as justice or attorney 255
11. Sball always make out a bill of fees, signed by the sheriff, clerk or other
officer, to whom such fees are due, to be expressed in words, and shall give a
receipt 255
12. A list of fees to be hung up in the offices of sheriff and clerk 255
13. Office hours of clerk 255
14. Fee for search 255
15. This Act not to extend to suit commonced 255
16. Abstract of judgments to be recorded 255
17. If not docketed, of no avail except in the district 256
18. Motions (or new trials and arrest of judgment allowed 256
19. Appeals to the circuit court from judgments of county court and ordinary 256
20. Court at Cambridge, how long to be held 257
21. Juries there, how to be drawn 257
22. The superior courts of law throughout the Stale, vested with the powers here-
tofore exercised, the court in each district having complete, original and final
jurisdiction, as possessed and exercised by the courts of general sessions of the
peace and common pleas, heretofore held in Charleston, (see supreme general
coi'rt,) except when altered by law, and by the rules of court 260
23. The dilTerent courts, when to sit 260, 261
24. Each district court to have jurisdiction of offences in that district, and of com-
mon pleas, where the defendant is arrested 261
25. The different districts laid out, viz. Charleston, Beaufort, Orangeburgh,
Georgetown, Cheraw, Camden, Pinckney, Cambridge and Washington. . . .261, 262
26. The Chief .Jusiice and associate Judges, chosen by the Legislature, and in
case of sickness or absence of any of them, any person for that time commis-
sioned by the Governor, shall be judges of these courts 262
27. May exercise all powers heretofore exercised, consistent with the constitution
of the State and of the U. States 262
28. May make rules and orders, from time to time, for despatch of business 262
29. The clerk or his deputy, may open and adjourn the courts 262
30. All judicial process to be tested in the name of the chief justice, and in case
of a vacancy, in the name of the senior associate judge 262
31. All process to be issued from and signed by the clerks of court, under the
seal of the court, and may be served in any district 262
32. Where there are two or more defendants 262
33. Writs and executions, how to issue and how returnable ' 263
34. Declaration 263
35. Plea 263
36. Judgment by default 263
37. Sheriff to turn over unfinished business to his successor 263
38. No officer to purchase at sales made by himself, or be concerned 263
39. Sheriff sales, how and when to be made 263
40. Sheriff to make return of processes in his hands 264
41. Fees 264
42. Commissioners appointed for the erection of court houses and goals 264
43. This Act, when to take effect 264
44. Ninety-six district, unfinished business in it to be adjudicated 264
45. Two judges to hold court there for 15 days, one of the common pleas, the
other the general sessions 264
46. Sheriffs and clerks to be appointed for the new districts ..264
INDEX. 611
<X)URTS, ccontinued.)
47. The circuit court Act to go into operation 18th November, 1791 264
48. Jury hsts to be made out 265
49. Pinckney and Washington districts first established, 1791 ; 265
50- Prisoner acquitted or discharged, freed iVom costs 265
51. Additional number of jurymen to be drawn for Charleston 265
52. Special juries, in what cases and how to be drawn 271, 272
53. Judges of court of common pleas authorized to make rules to cairy this law
into effect 272
54. Part of the Act of 1769, repealed 272
.55. Penalty for defaulting special juries 273
56. Grand and petit juries, how drawn 273
57. Penalty on defaulters 273
58. Sheriff's offices and books 274
59. Three Circuit Solicitors to be elected by the Legislature, to do the duty of
the Attorney General on the Northern, Western and Southern circuits. To
give advice to the Governor and other State officers, on public matters, to assist
each other or the attorney general, in suits or prosecutions in behalf of the
State, when directed by the Governor, to attend the Legislature when in ses-
sion, to draught and engross all such Bills as the two Houses may direct. To
• have all the privileges and subject to all the liabilities of the attorney general,
and to have a salary of £100 275
60. Solicitors to assist in turn the attorney general 275
61. Solicitors may appear for and defend a criminal, when their duty does not call
upon them to prosecute, or their assistance required 275
62. The judges of the court of common pleas, or any one of them, -n their res-
pective districts, vested with the powers formerly in the Governor and Council,
in hearing and determining caveats 275
63. Caveats to be continued as heretofore 275
64. Commissioners of public accounts vested with powers to surrender bonds
from the treasury, given to the State, under certain circumstances 275
65. Order for bail 275
66. Judges of the court of common pleas authorized to alter the places of sheriffs
sales, to effect the object of the law, at discretion ; and all sales of mortgaged
property to be made, in the several districts, at the places fixed on by the judges,
and at the times fixed by law for sales under execution 276
67. The action of trespass to try titles, and the rules 276
68. Clerk to read over the minutes of the court each day 279
69. Drawing of certain jurors made legal 280
70. Ordered to sit at Camden and Cambridge until the business is finished 281
71. Courts of Georgetown to sit longer than usual 281, 282
72. Two judges to sit at the same time at Ninety-six, one to hold a court of ses-
sions, and one a court of common pleas, to dispatch business 282
73. State divided into 24 judicial districts 283
74. When and how long the courts to sit in each district 284
75. Distribution of courts into circuits 285
76. Four circuits in the State, to be attended by the attoraey general at Charles-
ton, and a solicitor on other circuits 285
77. Each court tu be a court of record, and the persons attending free, as usual,
from civil arrest 286
78. Jury lists to be made out and jurors drawn 286
79. New jury lists to be made out every 3 years 286
80. Judges to cause juries to be drawn 287
81. Penalty for non attendance 287
82. The county courts deprived of judicial power, but still retained for purposes
of police, and as registry offices, and the judicial proceedings of these courts
transferred to the circuit courts 287
83. The several courts of common pleas and general sessions of the peace, except
that of Charleston, heretofore existing, abolished, and the business thereof
transferred to the new districts of the circuit courts, and all proceedings and
612 INDEX.
COURTS, (continued.)
records removed to these new district^ 287
84. Manner in which the causes and records are to be removed 287
85. Clerks of the court, how to be appointed 288
86. Court of Wardens in Charleston, abolished ' 288
87. Attorney's fees reduced 288
88. Two judges added to the present number 288
89. Chief Justice abolished 288
90. Colleton Court to be held at Jacksonborough. 289
91. Commissioners to fix on central places for Colleton, Sumter, Marion and
Barnwell district court bouses 289
92. Present clerks and sherifTs of county courts continued till others are elected.. 289
93. All Acts repugnant to this, repealed 289
94. Times of the sittings of the courts altered 290
95. Richland district established, and added with Fairfield, to the Southern circuit. 290
96. Sheriff's bonds to be given for following amounts 290
97. Their sureties, how approved of. 290
98. Courts, how long to sit 290
99. New jury lists lobe made, of such persons as by the Constitution may vote
for members of the Legislature 291
100. Twenty-four grand jurors and forty-eight petit jurors to be drawn for eai h
succeeding court 291
101. Penalty for non-attendance 291
102. County Courts abolished 291
103. If the cay appointed for holding courts come on Sunday, the court to sit the
succeeding day » 291
104. The Act of 21st December, 1798, (ante. 287,) so far as prohibits the removal of
suits, appeals and indictments from Charleston, repealed 291
105. In the absence of the judge, the clerk, and in his absence, the sheriff, may
adjourn the court 291
106. Clerks, how to be appointed 292
107. Their bonds 292
108. How to be sued on 292
109. Attorney's fees 292
110. Court houses and goals 292
111. Penalty for taking unlawful fees 293
112. All business from the county courts, courts of common pleas and sessions, of
the former districts, and of the court of wardens, transfered to these new
courts 293
113. All judicial process to be tested in the name of the senior associate judge,
signed by the clerk, and sealed with the seal of the court, and made returnable
to the court whence it issued, fifteen days before its sitting, and may be served
in any district of the State 293
• 114. Where there are two or more defendants in different districts, the cause may
be tried, at plaintiff's option, in either 293
115. How executions are to be issued and served after 1st January 1800 294
116. How to be returned 296
in. - Process issued after 1st January, 1800, shall bear test from that day 294
118. Clerk of any district court, or justice of the quorum, authorized to give an
order for bail, and take special bail 294
119. Writs of attachment, summonses in dower or partition, demandable in the
district court 294
120. Courts of Ordinary established 294
121. Judges thereof appointed by the Legislature 294
122. Empowered to summons persons 294
123. Sheriff to execute his process 295
124. Persons neglecting to attend, to be proceeded against 295
125. Appeal allowed from the ordinary to the circuit court 295
126. Judges to tfteet at Columbia to form Court of Appeals 295
127. Each judge to give his opinion in writing 295
INDEX. 613
COURTS, (continued.)
128. If two or more Judges attend the circuit courts, each may hold a separate
court *"^
129. Magistrates jurisdiction extends to $20. Each party may appeal 296
130. Attorneys fees, in cases of appeal 296
131. Clerks of court constituted Registers of Mesne Conveyances 296
132. Where the office of c'erk is vacant, the judge shall appoint during the sitting
of the court 296
133. Former Clerks and Sheriffs to account to Commissioners of Roads for monies
belonging to the counties 296
134. Records of county courts to be removed to the circuit courts 298
135. Clerks of court to grant commissions to examine witnesses as a judge may do. 298
136. All laws relating to the late circuit courts, to continue of force, and relate to
the new district courts, as far as is consistent 299
137. Where a judge is sick or absent, or cannot hold the circuit court, the Governor
may commission a proper person to hold the circuit courts 299
138. When the court to sit in Charleston 307
139. Writs and process, when returnable to that court 307
140. Courts, when to be held for Lexington, Columbia, Newberry, Edgefield, Barn-
well and Orangeburgh 309
141. Times of the sitting of various courts altered, and all process made returna-
ble to such times of sitting 314
142. A separate docket to be kept in Charleston for the country causes 316
143. When country docket to be called 316
144. All writs of subpoena in causes on the country docket, to have relation to the
first day of the third week of the term 316
145. Unless a later term is expressed in the writs 316
146. All sum- pro. and declarations relating to such causes, to be indorsed by the
attorney " for the country docket " 316
147. Special courts may be ordered by the court of appeals 317
148. Mot ice thereof to be given 317
349. Times of holding the court in Charleston altered 318
150. The Act of 1769, authoriz-ng the Governor to appoint a person to hold a
court in the absence of a judge, repealed 321
151. Chancellors, by Act, not election, made law judges, and vested with all their
powers, to ride ihe circuit with the law judges, and try ail cases, criminal and
civil, as judges of the courts of law, and if one of the circuit judges be pre-
vented from holding the court, a judge from the appeal court to hold it 326
152. Any trial occurring during the sitting of the court of appeals, may be taken to
the court of appeals, on receipt of the decree, or report of the judge, and on
giving the opposite party four days notice, which shall be heard and determin-
ed as other appeals 334
153. New arrangement of the circuits, and times of holding the different courts.. .335
154. Circuits remodeled, and times of holding the courts 339
155. Times of holding some of the courts changed 341
156. South-western circuit, a solicitor assigned to it 337
III.— COURT OF CHANCERY. See Appeal Court in Chancery.
1. The Governor and a majority of his Council, impowered to hold a Court of
Chancery, with as extensive jurisdiction as that of any in America 163
2. Always open, but there shall be four times each year for full and solemn hear-
ings, (times and places prescribed) 164
3. Shall sit until the business, ready, shall be disposed of. 164
4. Register, 12 days, at least, before each court, shall affix at the public Watch-
house, in Charleston, a list of all causes to be heard, and in case there is no
cause, notice thereof and the court adjourned 164
5 All the officers of the court to reside in Charleston, and give their personal
attendance 164
6. In what cases the Chief Justice or members oi Council shall not vote in the
court of chancery 164
VOL. VII.— 78.
614 INDEX.
COURTS, (continued.)
7. Where the decree exceeds £300, appeals allowed to his Majesty in his privy
Council in Great Britain; provided it be craved within one month after judg-
ment, and that before such appeal be allowed, security be given by the ajspel-
lant, in double the value of the matter in difference, to pay the value of the
thing adjudged, with all costs and damages, as shall be awarded by his Majesty,
&c 164
8. Provided no execution on such decree shall be stayed or suspended by reason
of such appeal, so as the party taking out such execution, in like manner give
security, to the value only of the matter in difference, to make restitution in
case the decree be reversed, in three years after decree by the conrt of chan-
cery.
.165
9. The court shall proceed in all cases, as near as may be, according to the
known laws, customs, statutes and usages of the Kingdom of Great Britain,
and high court of chancery 165
10. All former Acts repealed 165
11. The Governor, and majority of the King's Council for the time being, actu-
ally resident in the Province, empowered to hold a court of chancery, with as
full powers as any chancellor or court of chancery in America can or may do.. 192
12. First and ninth clauses of the Act of 17'21, (pages 163, 165,) repealed, and
five Hiembers of the Touncil not required to grant injunctions, but a majority
of those resident 192
13. Cases in chancery not abated by the death of a party, but reserved and to be
heard, on notice to the representatives of the opposite party 206
14. The courts after suspension by the revolution, &c vested with their former
powers 207
15. The court of chancery vested by the Constitution of 1778, in the Lieutenant
Governor and a majority of the privy Council, abolished, and the jurisdiction
vested in three Chancellors, to be chosen by joint ballot of both Houses, during
good behaviour, removable on address of both Houses 208
16. Oath the Chancellors shall take before entering upon the duties of their office. 208
17. Any body presuming to execute the office without taking the oath, to pay a
penalty of £10,000 208
18. All the powers, at any time vested in, or exercised by a court of chancery of
this State, for the purpose of making such rules and orders as may be thought
expedient and necessary for carrying on the proceedings in the court, either
before or since the revolution, vested in the chancellors, or any two of them,
who may hear and determine all such matters and causes as shall be brought
before them 208
19. The chancellors, or any two of them, may establish such standing rules and
orders, as they shall deem most consistent with equity, and may tend to the
dispatch of business 208
20. Undecided cases in Chancery to be deemed pending, and to be decided with-
in one year, after the passing of the Act, (1784) 209
21. All new suits to be determined within one year after being commenced, unless
upon application, in full open court, in term time, and for special reasons assign-
ed, on account of absence of material witnesses, or of some of the parties, or
other equitable cause, the court shall think proper to extend the time (not ex-
ceeding 12 months longer) for the determination of the suit 209
22. Court to be considered as always open for administering justice to the suitors,
and in the vacation, any of the judges may make such rules and orders, prepa-
ratory to hearing, in any suit or cause pending, as may bo necessary 209
23. Held only in Charleston, and stated terms for holding 209
24. Causes to beset down for hearing, ten days previous to the first day of each
term 209
25. A register to be appointed by the Governor and Council, for good behaviour . . 209
26. Proceedings in case defendant is without the State 210
27. Where a party refuses to appear 210
28. Decrees enforced by execution 211
,29. The court of chancery to have full power, on application, in term time, and
INDEX. 615
COURTS, (continued.)
for special reasons to be assigned on, and of the absencs of material witnesses,
or of some of the parties, or any other equitable cause, to extend the time for
the determination of such suit or petition, (not exceeding twelve months,)
longer than the year allowed by the Act establishing the court of chancery. . . .252
30. Laws of force for establishing and regulating a court of chancery, continued
until repealed or altered 258
31. Court of Chancery not to sit alone hereafter in Charleston, but courts of
equity to be held in various districts of the State 258
32. Six days allowed for each court 258
33. The examination of all witnesses, to be taken by word of mouth, in open
court, subject to such regulations and exceptions, as the court may direct 258
34. Where aged, sick or infirm persons, or witnesses out of the State, are to be
examined, the court may issue commissions 359
35. In all cases under the value of £100, and cases not litigated, the complainants
may present their cases by petition, on oath, setting forth the true nature of the
case, or sum really due, a copy to be served on the opposite party, at least 30
days before the silting of the court, uith notice thereon to appear at a certain
day, to answer if nece.ssary, the petition .259
36. If the party so served, do not appear, and offer some sabstantial defence, the
court shall proceed to make such order as to justice and equity shall appertain. .259
37. If defendant appear at the return, and shew sufficient reasons, on oath, for
going into a more ample investigation of the case, witnesses may be examined
to allegations, as in other cases 259
38. Chancellors to make all such rules and regulations as may be necessary 259
39. Any one may hear all motions, and make all necessary orders, in any cause,
belbre the hearing and final decree 259
40. The chancellors to cause the principal facts and reasons, on which they found
their decree, to appear upon record 260*
41. Suits in equity shall not be sustained where there is plain and adequate reme-
dy at law 260
^2. Each Chancellor shall ride the circuit, unless prevented by sickness, or other
unavoidable accident .- 260
43. All suitors and defendants may do their own business, without anplication to
counsellors or solicitors 260
44. Time of sitting in different districts ■. 278
45. Injunctions, mode of obtaining delay until motion is made 278
46. Mode of obtaining 279
47. The defendant to a judgment at law, ai any time within 40 days after the ad-
journmeniof the couit at which it was obtained, may give notice to the sheriff
that he intends to file his bill, praying for a writ of injunction, ;ind shall annex
thereto an affidavit of such intent, and the sheriff shall (making an entry in his
books of the time of notice,) be bound, on receiving security, to stay further pro-
ceedings on the execution; provided the notice be served on him before the
actual sale of the property 279'
48. And where levies have been made on any moveable property, the complain-
ant, on giving bond to the sheriff, with I wo good sureties, to be approved by
him, subject to the future approbation of the court, in double the value of the
property so levied on, conditioned to return in good order to the sheriff, the
whole of the property, ii the complainant does not procure an injunction and
cause it to be served on him, within SO days from the date of the bond, shall be
entitled to receive back and retain all such moveable property ; and the said
complainant shall be bound to proceed and file his bill, and apply for an injunc-
tion, within 20 days after giving such bond 279
49. And if nq injunction be served on the sheriff within 30 days after the bond,
he shall then proceed under the execution, after legal notice; and if the com-
plainant will not forthwith deliver up such property, the sheriff shall assign the
bond to the plaintiff in the suit, who may sue thereon and recover the penalty
of the bond, with costs, in whi3h suit no imparlance shall be allowed 279
50. Times for holding at Charleston, Columbia and Cambridge, altered 297
616 INDEX.
COURTS, (continued.)
51. Districts divided into 4 equity circuits 297
52. District sheriff to execute all process from the court of equity 297
53. And shall attend the court 297
54. Two Chancellors to attend each court 297
55. Commissioners and Registers to be appointed for each district court 298
56. All causes to be tried in the jurisdiction of circuits heretofore marked out 298
57. Certain suits dsflared pending 298
58. The State divided into three equity circuits 304
59. Into equity districts 304
60. Onecba.icellor to attend each court, and his decrees and orders, where there
are no appeals, to be final and conclusive 304
61. Chancellors may make orders of reference, ten days notice of the motion, of
the time, place and judge before whom it is intended to be made, to be given.. .305
62. The Chancellors shall make all further rules and regulations necessary for the
court 305
63. All papers relating to Columbia district, to be removed there, and a (Commis-
sioner to be appointed for that court 305
64. The sherifl of Richland to attend the court at Columbia 305
65. Two additional chancellors to be elected 305
66. Their salaries to be the same as the law judges 305
67. All writs of subpoena ad respondendum to require the defendant to appear on
n day certain, and to put in his plea, answer or demurrer, within thirty days
after, and shall be served ten days at least before the appearance day therein
expressed 306
68. Power of the Master or Commissioner, as to putting in answers, taking bills
pro confesso, &c 306
69. As to ne exeats and attachments to enforce orders of the court 306
70. A court established for Beaufort 310
71. A Commisstoner to be appointed 310
72. The sheriff of Beaufort to attend the court 310
73. Suits to be transferred there from Charleston 310
74. The court may continue a cause longer than three years, by consent of the
parties, or on good and sufficient cause, in any case where there has been pro-
nounced any decretal order within three years from the filing of the bill 310
75. When the court to sit in Charleston 310
76. Court when to sit in Charleston 311
77. Power and duties of the Master and Commissioner and Register of Charleston. 315
78. Register and Commissioner's official bond 315
79. Special courts of equity may be ordered by the judges in the appeal court of
chancery 317
80. Security to be given by the Masters and Commissioners as receivers 323
81. Duties and compensation of receiver 323, 224
82. How to proceed when commissioners or registers go out of office 324
83. No commissions allowed on sales not actually made 324
84. Fees in cases of guardians or petitions 324
85. Appeals to be taken to the new court of appeals in law and equity 325
86. This new court of appeals may order special courts of law or equity 326
87. Court of Chancery reduced to two Chancellors, and how to be chosen 326
88. One regular court to be held in each district annually 326
89. If a Chancellor be unable to hold his court, one of the appeal judges to hold
it for him 326
90. The State divided into four equity circuits, viz. The first, second, third and
fourth circuit 326
91. Master and Commissioners to report annually. . 327
92. Chancellors to call upon the Commissioners to make returns, or liable them-
selves 328
93. Master and Commissioners to make report of guardians and trustees who
have not made returns 328
94. Only half costs allowed in cases of partition under $2,000 32S
INDEX. 617
COURTS, (continued.)
95. Extra courts may be ordered by the Chancellors to finish business accumu-
lating 329
96. Chancellors may appoint a Register to discharge the duties, in case of the
sickness or inability of the incumbent to discharge his duties, during the sitting
of the court 329
97. In Georgetown, when to sit 330
98. Lexington district established, and papers to be transferred from Columbia to
Lexington 330
99. Courts of equity, when to be held in the different districts 330
ICO. Time of sitting of the courts of the several districts 333
101. A cause may be taken to the appeal court, upon four days notice, though the
decree be delivered while the court of appeals is in session 334
102. Courts, when to be held in the different districts 33fi
103. Places and times of holding the courts, changed 340
104. The sittings of some of the courts altered 340
105. In all questions of law distinguished from equity, the court of chancery to
follow the decision of the court of law 340
106. Chancellors, by consent of parties, may hear causes at chambers, and may hold
special courts, whenever deemed necessary 340
107. Commissioners for Chesterfield and Marlborough, and lor Horry 340
108. Court of appeals in chancery, when and where to sit 340
109. Each Chancellor shall have power to hear at chambers, and to confirm or
refuse to confirm, reports of commissioners, in all matters of account and par-
tition ; and to hear and make the proper orders on, all petitions for guardians;
provided, that on any application to a Chancellor at chambers, reasonable notice
thereof to the party or parties in interest, shall be given 341
IV.— COUNTY COURTS.
1. Courts of Pleas, (civil and criminal,) Assize and Goal delivery, established at
Wassamasaw, Echaw, Willtown and Beaufort 166
2. Also, one at Lewis Dutarque's plantation 166
3. These courts called county or precinct courts 166
4. Any five of the Magistrates of said Parishes who shall be in the commission
of the peace, and commissioned by the Governor for that purpose, shall be
judges and justices of the said courts 166
5. Three to constitute a quorum, and to associate and assemble themselves at
the respective courts in their respective jurisdictions, at the times prescribed
by the Act 166
6. And have full power to hold pleas of all matters, civil and criminal, within
their respective jurisdictions, according to the laws, usages and customs of the
Province of South Carolina; so that such laws be not repugnant to those of
Great Britain, but as near as may be, agreeable thereto 166
7. The first in commission to be President of the Court, and in his absence, the
next, &c. 167
8. Oath the President shall administer to the others, and take himself. .167
9. When the courts to meet 167
10. Jurisdiction not to extend to life or limb, which alone is within the jurisdiction
of the General Sessions at Charleston 167
11. Jury to be drawn from the ballotting box of the whole Province 167
12. Jurisdiction not to extend in civil cases to sums exceeding the value of jCIOO,
which can alone be decided at the general court to be held at Charleston 167
13. No habeas corpus cum causa, allowed for removing the cause or body of the
defendant out of the said county court, unless the cause there brought be for
above £IW 167
14. Where the value does not exceed £2.5, appeal allowed to the general court in
Charleston, which shall have power to hear and determine all such appeals as
may be consistent with the laws and statutes of Great Britain, and usages of
South Carolina 167
15. Appeals to be craven at the time judgment is given in the county court, or at
the next sitting thereof. 167
618 INDEX.
COURTS, (continued.)
16. Before appeal allowed, the party appealing to enter into bond before the said
court, in double the value of the matter in difference, to answer the value of
the thing, or sum adjudged, with such costs as shall be awarded by the general
court, in case the judgment be affirmed 16S
17. Provided also, that no execution on such judgment shall be stayed by such
appeal, if the party taking out execution enter into bond before the said court,
with sufficient security, to the value of the sum or matter adjudged, to make
restitution, if such judgment be reversed, in 12 months after obtaining such
judgment in the county coui't 168
18. If the judgment be affirmed, and the judges of appeal be of opinion that the
appeal was groundless and vexatious, they shall certify the same on the back
of the appeal, and in such case, the appellant shall pay to the appellee treble
the costs of suit awarded in the county court 168
19. No clerk of the county court to practice as attorney, &c. in any case in this
court, or appeal from it, under penalty 158-
20. When actions are brought, in what precincts to be tried 168
21. Merchants accounts certified and proved by oath, admissible as evidence
in the county courts 168
22. All special courts for transient persons, shall be held in Charleston 169
23. Manner of proceeding in this court. The writ to contain the declaration.
Time allowed for special plea, &c 169
24. The justices to make and establish rules of court 169
25. Original writs grantable out of the general court of Charleston, or other
county court hereby erected 169
26. Plaintiff being indebted to the defendant, discount alloweil, if one month be-
fore trial, a copy of the discount be delivered to the plaintiff or his attorney.. 169
27. Captains of companies to give in lists of their companies to form juries.
Manner of drawing jurors 170
28. Fine for absence 170
29. Witnesses, their duties and liabilities, and allowances 170
30. Matters of Ireehold tried in the county where the land lies 171
31. Where lines are in dispute, the justices to appoint surveyors 171
32. Persons misbehaving in court, to be fined, not exceeding £,'Z0, and imprisoned
until paid 171
33. Clerk of court, shall, yearly, transmit to the Governor all fines, forfeitures, &c . 171
34. Power to punish obstinate servants 171
35. May license taverns, victualling, ale and punch houses, and public inns, or
suppress ihera, if convicted of being disorderly, as entertaining servants, ne-
groes, common drunkards, lewd, idle and disorderly persons, selling liquors on
Sundays, or times of divine service 171
.%. Forfeiture for keeping tavern without license 172
37. May punish disorderly and idle persons, and common drunkards, profane curs-
ers or swearers. Sabbath breakers, and suppress all vice and immorality within
their j urisdiction 172
38. May take order concerning all bastards, in as ample a manner as the chief
justice or judges of the general court 172
39. May sue for all legacies, gills and donations given to free-schools, and other
public uses, within their respective counties, and to appoint one or more trea-
surers for collecting the same, who shall be treasurer 172
40. The President, with the advice and consent of a majority of his court, may
determine on the right of administration on estates of persons intestate, and all
disputes concerning wills and executorships, with right of appeal to the Gover-
nor ; letters of administration and testament, to be signed by the Governor 172
41. To take bond for the due administration 172
42. The President and majority of his court, may take order coHcerning orphans
estates 172
43. That all orphans be duly educated and provided for, out of the interest and
income of his estate, if the same will bear it ; otherwise, to be bound appren-
tice to some trade ; to appoint guardians to such orphans, and to remo/e them
and appoint others ; or change the master to whom they are bound, for cause ;
INDEX. 619
COURTS, Ccontinued.)
to call guardians to account ; to take care the lands of orphans are not sold du-
ring their minority, or waste committed on their lands; to call persons to ac-
count who have embezzled their estates ; to take measures to improve their
estates ^^^
44. Proceedings thereinto be by petition or bill and answer, to be brought by
prochain amy 173
45. Shall have full power as the court of ordinary, or any court of law or equity
in that behalt ; and keep a record of proceedings 173
46. Attested copy of proceedings to be given to any one applying, paying reasona-
bly for the same 173
47. To compel executors to account when they suspect them of squandering the
estate of minors, and to give bond to account to minors when they come of age,
for the estate coming into their hands 173
48. Bond to be given to the President of the court in trust for the orphan 173
49. To inspect the accounts of church-wardens, and to see that they perform their
duties to the poor 173
50. Who allowed to practice in 173
51. No person attending court to be arrested, coming to or going from, not exceed-
ing one day before and one after sitting of the court, unless in a criminal mat-
ter, breach of the peace, or other misdemeanor 174
52. Debtors in prison on mean process or execution, how they may be discharged,
if not worth forly shillings 174
53. But if sworn falsely — penalty for so doing 174
54. Not to extend to any debt contracted before the Act 174
55. Courthouses and Goals for the county courts to be built, and how 174
56. Actions for debts contracted before this Act, to be sued at Charleston, at the
option of the plaintiff 175
5'/ . Executions to run in all the counties and precincts of the Province, and be
returnable to the court whence issued. But all mesne process shall be directed
only to the marstiall of the county, except it be for a debt, bona fide, of the
value of £100, which shall issue out of the general court of Charleston, and
run into all the counties, and except for a debt contracted before the Act, in
which ease the process shall run into all the counties 175
58. Provost Marshall to appoint deputies in each county court, for executing pro-
cess and keeping the prisons ; and the Provost Marshall shall be answerable
for all escapes, and other misfeasances and neglect af his deputies ; and shall be
subject to such actions, penalties and fines, as any sheriff or sub-sheriff in
South Britain ; provided such fines, &c. be imposed on him by the general
court in Charleston 175
59. Justices of county courts allowed the same fees as allowed the chief justice
in Charleston, to be divided among them, and the other officers of the court
the same fees as the officers of the courts of Charleston 175
60. To be courts of record 175
61. AH process &i subpoena for witnesses in civil and criminal cases, from the
supreme court of Charleston, or the county court, attachments for contempt,
and other compulsory process to enforce obedience to any interlocutory order,
judgment or decree, shall run and be issued into all the counties and precincts
o t the Province 175
62. Attested copies of Acts of Assembly, and of records, &c. allowed as good
evidence; and also all testimonials, probates, certificates, and other instruments
under the great seal ot tJiis Province, or any of the other governments of
America, Bishop of any diocess. Lord Mayor of London, or Mayor or Chief
Magistrate of any town corporate in Great Britain, Ireland, or any of the plan-
tations, or elsewhere, or under the court seal of any court of judicature, or
under the sign manual or notarial seal of any Notary Public of any of the
places aforesaid, allowed as good evidence in any court of this Province 176
63. The court of orphans always open, to hear and determine the right to admin-
istration, disputes concerning wills, executorships, calling guardians to account,
&c 179
64. Fifteen days notice always to be given to the parties concerned 179
620 INDEX.
COURTS, (continued.)
65. The common pleas and sessions of the county courts to sit twice a year in-
stead of four times. Times of sitting appointed 179
66. Cause to be tried in the county where the defendant lives at the time the suit
is commenced, no matter in whatcoumy he may be arrested 179
67. Method of practising to be observed in the county courts 169, 175, 180
68. Jurors, who shall serve as such, and their exemptions 181
69. Talesmen to be chosen from the standers by 181
70. Tne Judges, Coroners, Marshals and Constables, not bound to attend the
courts in Charleston 181
71. Coroners to be appointed and removed by the justices of the county courts,
in their counties, with the consent of the Governor, and Coroner's jurisdiction
only to extend to the cofnty 181
72. The j ustices to appoint, punish and remove constables 181
73. May fine Coroners 181
74. Justices may adjourn the court 181
75. Any Barister or Attorney at Law may prepare and prosecute indictments for
criminal offences, by leave and appoinment of the justices, and be allowed
the same fees as the attorney, in case of his absence 181
76. Justices empowered to build court-houses, goals, and public inns, and purchase
lands for pasturing horses, and to assess the same on the lands and negroes of the
county ; also for building a free-school 182
77. Pay of schooI-ma.ster 182
78. His qualifications 182
79. His pay. Shall leach the poor children gratis 182
80. Writs of replevin on bail bonds, and bonds on writs of replevin, scire facias,
capias profine, and all other writs, where the cause was originally pending in
the county courts, shall run over the whole Province, and be returnable to such
county wherein the same issued -. 182
81. The Courts at Charleston to have the same power 183
82. Fine imposed on j ustices for non-attendance, to cease „ 183
83. Justices empowered to lay out, alter, repair, amend and keep in repair, all
such roads as they shall think proper and convenient to be made, mended and
repaired, leading to and from the county courts, and to appoint such persons's
slaves to work on them, as are living within their respective juri.sdictions,
when, where and as ofien as they shall think needful, or to assess and levy all
such sums on the inhabitants within their jurisdiction, which they shall agree
to pay to any person who shall undertake the doing thereof, and are vested
with all the powers of commissioners of high-roads, so far as to enable the
justices to cause the roads leading to the said courts to be made, mended and
repaired 183
84. Fines accruing under the Act and former Act, to be sued for in the name of
the King, and paid unto the treasurer 183
85. County courts established in each county of this State, to be held once in
every three months 212
86. To be held by seven justices of the peace, to be elected by joint nomination
of the Senate and House of Representatives 212
87. Vacancies by death, resignation, or removal out of the county, to be filled by
the remaining justices, or a majority of them, until the next meeting of the
Legislature, and to be commissioned by the Governor during good behaviour.. .212
88. Three or more to form a quorum to do business 212
89. Before entering upon the duties of the office, to take an oath prescribed 212
90. The oath 212
91. Penalty for executing the duties of the office without taking the oath 212
92. The county courts, when and where to sit 212
93. Jurisdiction to extend in all cases at common law, to any amount vv-here the
debt shall be liquidated by bond or note, or where the damages on open ac-
count, assumpsit, detinue or trover, shall not exceed fifty pounds, and in all
other personal actions, where the damages shall not exceed twenty pounds, or
where the title or bounds of lands shall be in question; and except also, such
criminal causes, where the judgment shall extend to loss of life or member, or
INDEX. 621
COURTS, (continued.)
for the infliction of corporal punishment, and except all causes of less l^'alue
than is directed by the Act for the trial of small and mean causes, until the
holding of the first county court in each county, when the jurisdiction of a
single magistrate shall be confined to twenty shillings, and no more 213
94. Attachments, where the demand would originally have been cognizable in
the county courts, to be returned to the next county court of the county, and
to be served by the county sheriff and his deputy 213
95. AH process to be issued and bear teste by the clerk of every county court,
and be dated on the day issued, and returnable to the succeeding court, and
shall be executed 4 days before return day thereof. 215
96. Not to be executed, if lodged too late to be executed as above directed, but to
be so returned 215
97. If process be taken out within those four days, to be returnable to the next
court 215
98. Process not so returned, void 215
99. Except in criminal cases, where the warrant may be returned at any time. . . .215
100. Sheriff interested, Coroner to officiate 215
101. In case of bail 215
102. And proceedings in such cases 215
103. The clerks of the courts to preserve the records 217
104. Minutes of the proceedings to be read in court every day 217
105. To be subscribed by the justices 217
106. No proceedings or judgments of any court to be of force or valid, until the
same be read in open court and signed 217
107. Jurisdiction in case of debt not exceeding £5 and not under 20s by sum. pro.
without a jury 217
108. Method of proceeding by petition in all cases arising on judgment, bond, note,
account, detinue or trover, &c .218
109. Forfeitures on penal statutes not exceeding .£3 218
110. Courts failing to sit, causes to be continued 218
111. Witnesses, how to be summoned 219
112. Compensation, duties and rights of witnesses 219
113. In what cases appeals allowed, and mode of appeal 220
114. Writs of supersedeas, when granted in case of proceedings in county courts. .220
115. Certiorari 221
116. Habeas corpus CM»t causa, to the circuit court < 221
117. Clerical mistakes, how to be amended 221
118. Clerks, how to be appointed , 221
119. How removed 222
120. To provide record books. His fees, and how to be collected 222
121. May appoint deputy 223
122. His oath 223
123. Sheriffs, how appointed, term of office, to give bond, take oath of allegiance,
with oath of office 223
124. Penalty for assuming the office without due qualification 223
125. Under-sheriff and deputy ,223
126. Oath of sheriff 224
127. Sheriff dying or removing, and penulty for refusing to serve ^ 224
128. Duties and liabilities of sheriff. _ .224
129. Process in civil cases not to be served on Sundays 225
130. Distress, in what cases allowed, and method of sale 225'
131. Judgment against a sheriff or other, for an escape, not to be given, unless the
jury find the escape to have been a voluntary or negligent one, or that the
prisoner might have been retaken, but that immediate pursuit was neglected 22&
132. Mode of retaking a prisoner if he escapes from a county prison 225
133. Sheriff may impress a guard , 226
134. Maintenance of prisoners 226
135. Sheriffs defaulting, how to be proceeded against 226
136. Executions, how to be sued out .226
VOL. VII.— 79.
622 INDEX.
COURTS, (continued.)
137. Forms thereof. 227
138. Form of returns 228
139. In case a debtor die in prison 223
140. A second execution may issue, where the first is not executed 228
141. Fi. /a., when to take effect 229
142. Property taken in execution, how to be sold 229
143. Lands and slaves exempt, if other property is shewn 229
144. Writ of venditioni exponas 229
145. Execution may issue into any i-ounty where debtor or his estate may be found. 230
145. Insolvent debtors, how to take benefit of a.i assignment to creditors. Sche-
dule, onih, &c 230, 231
^46. Punishment for false schedule 231
147. Plaintiff liable for support of insolvent debtor in goal 231
148. No costs in assault and battery, if verdict for less than two pounds, lawful
money 231
149. Trespass vi et armis 231
150. Case of several tlefendants 231
151. Death of party pending suit 231
152. Death of a party after interlocutory judgment, does not abate the case 231
153. Nor death of one, of several plaintiffs, of the right survives 232
154. Power of attorney for confes.sing judgment null and void 232
155. Plaintiff out of the State, to give security for costs 232
156. Notes of hand, &c. not under seal, to be specialties and sued in debt 232
157. Deeds, how to be proved and rei orded 232
158. Livery seizen to be recorded. Dower and inheritance, how to be relinquish-
ed and relecsed hy feme coverts. Maybe done by commission 232
159. Conveyances, mortgages, &c. to l)e recorded 234
160. Method of proceeding in criminal rases, to be the same as in courts of gene-
ral sessions, &c. &c., and the justices to have the same powers, in cases within
their jurisdiction 234
161. Juries, how to be drawn and summoned 334
162. County attorney to be appointed by the justices 235
163. Forms of process in the county courts 235
164. County courts to license tavern keepers 236
165. Jurisdiction over roads, bridges and ferries 237
166. To be established in Charleston, Georgetown and Beaufort^ only on certain
conditions 238
167. Fees in the county courts 238
168. Weights and measures 242
169. County court Act amended 243
170. Additional magistrates to be appointed 243
171. Jurisdiction as to felonies 243
172. Jurisdiction of a single magistrate .- 243
173. Summary jurisdiction 243
174. Summary jurisdiction to extend to ten pounds 243
175. If both parlies desire it, it may be tried by a jury, on application of either
party, at his expense 243
176. Deputy clerk, how appointed 243
177. Clerk's office to be kepi at the court house 243
178. Courts of certain counties, when to be held 244
179. Limits of Winton county 244
180. Clerk and Sheriff's fees 244
181. Deeds, how to be proved, the law amended. Not necessary to be done in
court 244
182. Doneby dedhnus 244
183. Court established in Greenville 244
184. Justices in each county increased to eleven '. 245
185. Grand juries only summoned twice a year 245
186. Fines and forfeitures imposed in the county courts, for the use of the county . .245
INDEX. ^ 623
COURTS, ccontinued.)
187. The powers of the church-wardens and court of sessions, vested likewise in
each county court 245
188. Powers ot the ordinaries vested in the county courts 246
189. Jurisdiction of a single magistraie extended to three pounds, an appeal being
allowed to the county court, but double costs may be allowed, if the justices
think the appeal not on just grounds 246
190. Not necessary for grantors to acknowledge deeds in open court, nor for the
witnesses to pros-e them there 247
191. How it may be done 2^7
192. Jurisdiction of single magistrates, where there are county courts, extended to
five pounds, with right of appeal 247
193. Clerk's fees, for duties of ordinary 248
194. Quorum of the court to appoint constables 248
195. Boundaries of certain counties 248
lti6. Constable may take property under attachment, not exceeding twenty pounds 248
197. Groundless appeals from the county court, the attorney to pay the costs 248
198. Attorney's fees 248
199. Abbeville entitled to three magistrates extra 249
200. Quorum of the justices of the county courts to qualify justices of the peace.. 249
201. Pendleton county laid out 252
202. Some dissatisfaction with county courts 266
203. County courts established in Edgefield, Abbeville, Pendleton, Green /iUe,
Laurens, Newberry, Spartan, Union, York, Chester, Fairfield, Richland, Lan-
caster, Kershaw, Claremont, Clarendon, Marlborough, Chesterfield and Dar-
lington 266
204. To be held by three county court judges, for the trial of small and mean
causes, to be elected by a joint nomination of the Senate and House, and to
be qualified according to the "Act to estabhsh county courts and regulate the
proceedings therein," (ante, 211.) 2G6
205. Vacancies to be filled by the Governor, until the meeting of the Legislature,
by them to be annulled or confirmed 266
206. Any two to h ive authority to hear and determine all causes, matters and con-
troversies, within their jurisdiction 266
207. Courts to be held twice a year— to sit 10 days, if so long be required ..266
208. Two, intermediute, to be held in each county, by one or more of the said
judges 266
209. Jurisdiction confined to granting of tavern licenses, appointing commission-
ers and overseers of roads and bridges, business relative to the poor of the
county, and any other powers vested in them by law ; and the regulation of
the police of their counties, when a judicial decision is not required or neces-
eary 266
210. Each court to be held four days at each term, unless the business be sooner
finished 266
211. Days of holding courts for the several counties 266
212. Grand juries of the county courts to have equal and concurrent jurisdiction
in their counties, as the grand juries of the circuit courts in their districts 267
213. Where they find a bill on a charge of a higher nature than the county court
can try, ihe person indicted shall be referred for trial to the next court of ses-
sions for the circuit court district where the offence has been committed, and the
indictment and proceedings removed to that court ; and the county court shall
bind over all witnesses for the State or the accused, to appear at that court 267
214. If the bill of indictment be not lound, the person accused shall be entitled to
his release 267
215. The county attorney shall be entitled to such fees for preparing the indict-
ment, as are taken by the Attorney General in the court of sessions 267
216. In counties where there are county courts, no sui.t shall be brought in any
other court of law, for any sum less than £50, on any judgment, bill, bond,
note, account, liquidated and signed by the defendant ; nor on any open ac-
count for any less sum than £20 267
624 INDEX.
COURTS, (continued.)
217. If any suit so prohibited shall be brought, the same shall, on its appearing to
the court, on motion of defendant or his attorney, be dismissed at the plaintiff's
costs ; provided any person may bring his suit in any of the cases aloresaid, in
the circuit court, on any debt contracted before the passing of this Act 267
818. Appealfromcoiinly court allowed, where the judgment exceeds £10, the ap-
pellant giving bond, with sufficient security, to prosecute the same with effect.. 267
219. Declaration, when to be filed 267
220. Clerks and sheriffs to be appointed and commissioned as heretofore 267
221. But sheriff to hold office for four years 268
222. Licences for retailing of spirituous liquors, or keeping a tavern, to be granted
at any court during the year 268
223. Remedy for malpractice in office of clerk or sheriff 263
224. Advertisement and sale for taxes, how to be made 277
225. Court-house and goal of Camden to be used by the county court of Camden. 277
326. Justices of, their number, and how appointed. How long to continue in office.
What causes to try. Jurisdiction to extend to £5 on liquidated demands, and
to £3 on open accounts. No fees if judgment be for less than 20s. Their
jurisdiction exclusive. Appeal allowed on sums above 20s. to the county court,
on security given to prosecute to effect or pay costs. Two justices in the
county court necessary to try appeals 268
227. Power of the judges the same as that vested in the justices of the county
courts by " An Act for laying off the several counties therein mentioned, and
appointing commissioners to erect the public buildings" 268
228. No action of trespass, trover, detinue, slander or assault and battery, or other
action arising merely from tort, and not from contract, shall hereafter be cogni-
zable by any justice of the peace 268
229. What Acts repealed by this 268
230. Oaths of judges of county court and justices of peace, before whom to
be taken 269
231. Record thereof. 269
232. One judge of the county courts to try all sum. pro 269
233. County courts, when to be held , 269
234. How to be adjourned by the olerks 269
235. Places fixed for sheriff sales. Notices, how published 269
236. Justices of peace prohibited from keeping tavern, retailing spirits ; no license
granted to one, or to one in his family or employment. Penalty for breach of
this law 269
237. County courts discontinued in Beaufort and Orangeburgh. Their judicial
records to be transmitted to the circuit court clerks of the district, and other
records to the register of mesne conveyances, and pending cases to be con-
tinued in the circuit court for the district 269
-238. County courts, when to be held in the different counties 270
239. County court in the district of Kershaw 270
■240. Judges of the county courts empowered to assess, apportion and collect the
county taxes, within their counties, for county expenses, according to the most
equitable plan 283
241. Jurisdiction, original or appellate of all causes, civil or criminal, taken from
them, but shall continue to have four sessions per annum, to dispatch all such
other matters as are now within their junsiiiction; and shall keep, aa hereto-
foie, a record of all mesne conveyances of lands within their counties 287
•242. All suits and indictments depending in the said courts 1st. January, 1800, shall
be transmitted to the district circuit court, then established, (1798,) and the
circuit court is required to proceed with such suits and indictments as if com-
menced in that court 287
243. County courts abolished 291
244. Records of the respective county courts to be transferred to the district court,
in which the county is included, to be kept as records , 298
V. -INFERIOR CITY COURT OF CHARLESTON.
.1. Established, to decide all causes of a civil nature, arising within the limits of
,tbe city, ftnd for the trial of all offences against the by-laws of the city. 300
INDEX. 625
COURTS, (continued.)
2. The jurisdiction, so far as it extends, to be ccmcurront with the court of ses-
sions and common pleas 301
3. To be holden hy the City Recorder, to be paid a salary by the City Council,
not to be increased or diminished during his continuance in office, from the
city tax ; and to hold his commission during good behaviour 301
4. Trials in said court to be by jury, where the amount exceeds the jurisdiction
of a single magistrate, to be drawn in the usual way; no one being liable to
serve twice until all the names from the jury box shall be drawn out. Persons
qualified according to the laws of the State, and usually residnig in Charles-
ton, or have resided there for six months before being drawn, and there being
at the time of being drawn and summoned, shall serve as jurors 30[
5. No venire shall at any time issue for more than twenty-four jurors, any twelve
to form a jury 301
6. Jurisdiction defined to extend "to the maintaining of all actions, suits and
prosecutions, for the recovery of any debt or sum of money arising on con-
tract, express or implied, and forofTenres against the by-laws of the corporation ;
provided no verdict or judgment shall exceed |100, exclusive of costs and
charges ; and unless the cause of action arose within the liuiits of the city, or
between persons resident iu the city, or persons resident and foreigners, or be-
tween foreigners at the time of the cause of action, or citizens of the U States" . 301
7. Nothing to be construed to bar any person from sueing any person resident in
the city in said court, for any sum not exceeding $100, exclusive of cost 301
8. No citizen of the State, not a resident of the city for three months immedi-
ately preceding the commencement of the suit, or has not been in the hal)it of
residing there during four months in the year, preceding the suit, shall be liable
to be sued in the court 302
9. Times of silting, and manner of proceeding 302
10. When motions for new trials in arrest of judgment, and other questions of law,
may be heard 302
11. Process to he issued by the clerk, and to be returnable to the first day of the
next term, and imparlance allowed until the last day of the term, upon special
bail being given, if required, at which time, or within ten days after, the de-
fendant shall file his plea or defence, in writing, with the clerk, or the plaintiff
may take judgment by default; provided, that where judgments are taken by
default between the first and second term, no execution shall be enforced till
after the second day of the succeeding term, and the defendant may, at the
meeting of the court, on the first day, move to be let into any substantial de-
fence, upon condition of pleading issuably instanter, and going to trial during
the term 302
12. Powers of the court defined 302
13. Not to try titles to land 302
14. Appeals allowed from, to the circuit court, by certiorari, writ of error or bill
of exceptions.. , 302
15. The intendant and wardens, and recorder of the city, to prescribe and regu-
late the practice 303
16. Fees of attorney, clerk and sheriff, to be the same as now allowed on sura,
pro. in the circuit courts, to which the council may add a sum not exceeding
one dollar on each cause, to defray the expenses of the court 303
17. The recorder not to plead in any cause in the superior court, which has been
argued before or adjudged by him 303
18. Any body may appeal to the circuit court, on making oath that he verily be-
lieves he has substantial justice on his side, and that he does not appeal merely
to delay the operation of law and justice 303
19. Goalerin Charleston to receive all persons committed under authority of this
court 303
20. The court, when to sit 318
21. The court shall have jurisdiction concurrent with the court of general £es-
sions, in al' cases of misdemeanor, assault and battery, arising within the city of
Chaileston; also, in all cases of trover, detinue, replevin and trespass, arising
626 INDEX.
COURTS, (continued.)
witliin said city, to the amount hereinafter specified. The court shall have juris-
diction in civil cases to the amount following : — no verdict shall be given for a
greater sum than fi\ e hundred dollars exclusive of costs, but any amount not
exceeding five hundred dollars, exclusive of costs, is within the jurisdiction of
the court, whether the same be damages, or the balance of mutual demands,
or single cause of action: Provided, nothing contained in this Act shall be so
, construed as to extend to any inhabitant of this State, who may not be a resi-
dent within the city of Charleston, and no person sthall be construed to be a
resident of the city, unless he shall have resided therein three months prior to
the commencement of the suitor prosecution ; or four months during the year
mtnediately preceding the commencement of the suit or prosecution 319
22. The charges and fees of the several offices of this court, shall be the same
as in the court of sessions and common pleas, in like cases 319
23. The recorder of the city of Charleston, as judge of the court, shall have the
same powers in the discharge of his duties, as the judges of the court of ses-
sions and common pleas, in like cases ; and the proceedings in criminal cases,
and in civil cases, over and above one hundred dollars, shall be the same sub-
stantially, as in the courts of sessions and common pleas, in like cases. . .; 319
24. All prisoners who sliall be arrested, and ordered to be committed by any sen-
tence or judgment of this court, or who shall be ordere 1 to be committed, eith-
er by the recorder of the city, as judge of the court, or by any justice of the
peace or quorum, upon any complaint, to take trial at said court, shall and may
be committed to the common goal of Charleston district, and there held until
discharged by due course of law ; and the keeper of the goal is hereby direct-
ed and required to take custody of said prisoners, and them safely keep accor-
dingly ; and all magistrates within the city, shall make commitments and take
recognizances accordingly ; and the judges and magistrates in this State niay
order prisoners to said goal to take trial in this court, in cases within its juris-
diction ; and the Stale constables within the city, shall attend the court, and
receive from the State the same compensation as in the courts of sessions 319
25. The court shall hereafter sit on the first Mondays in January, March, May,
July, September and November, of every year ; and shall continue to sit two
weeks, unless the business of the court shall be sooner disposed of; and here-
after no imparlance shall be allowed in any case where the amount sued for
does not exceed one hundred dollars, exclusive of costs 320
26. All parties shall have the same right of appeal to the constitutional court of
appeals, from the decisions of this court, in the same form which is now or may
be lawful for parties in the courts of sessions and common pleas in like cases ;
and the judges of the constitutional court of appeals shall hear and determine
such appeals in the same manner as appeals from the circuit court of Charleston
district; and the judge of this court shall report on appeal cases in the.same
manner as the judges of the circuit court ; and the court shall, and it is hereby
authorized to, hear and decide appeals from magistrates within the city, as the
circuit court of common pleas has heretofore done ; and appeal bonds shall be
taken accordingly 320
27. All prosecutions on behalf of the State shall be conducted m the court by
the attorney general, or by some fit and proper person appointed by him in his
absence, which deputy shall have the same ppwer, and receive the same emol-
uments as the attorney general if present ; and penalties, fines ana forfeitures
to the State, shall bo disposed of and applied to the city of Charleston, and
paid into the treasury of ihe city 320
28. The sheriff of the court shall provide boxes and make lists of persons to be
drawn as grand jurors in the city, in the same manner as in the court of ses-
sions, and petit jurors shall be drawn to serve one week, unless they be actu-
ally charged with an issue, in which case they shall be adjourned from time to
time, or contmueto sit until the issue shall be disposed of; and the same imm-
ber shall be drawn and summoned for each week, as has heretofore been drawn
for one week 320
29. All parties and suitors in this court, to have the same rights and privileges, in
all cases within the jurisdiction of the court, that parties and suitors are end-
INDEX. 627
COURTS, (continued.)
tied lo, in cases within the jurisdiction of the superior courts of law ; and the
clerk and sherifT of the court to have the same powers and authorities, in all
cases within its jurisdiction, as the clerks and sheriffs of the superior courts of
law • 322
30. The Act entitled " An Act to authorize and require juries empannelled in
Charleston district, to sit, in certain cases, beyond the term of one week, for
which they are usually empannelled," passed in December, 1818, extended in
like cases to the juries of the city court of Charleston 322
31. A defendant within the jurisdiction of the city court, allowed to plead a dis-
count to any action brought against him by a plaintiff not within the jurisdic-
tion of the court ^23
32. Any person usually resident in the city of Charleston, or who shall have re-
sided therein four months before being summoned, shall hereafter be liable to
serve as a juror in this court; provided he be in the city at the time of being
summoned, and is otherwise qualified by law 3-2
33. The City Council is authorized to grant permission to the recorder of the
court, to leave the State, under the same circumstances as a similar permission
is allowed by the Governor to the judges of the superior courts of this State.. .322
34. Sitting of the court changed to first Monday in January, April, Jnly and
October, to continue in session 3 weeks 322
35. The clerk and sheriff, in absence or sickness of recorder, to draw juries for
next term 322
36. The court is authorized to entertain jurisdiction in all suits arising upon poli-
cies of assurance,' charter parties, and other contracts concerning freight, either
express or implied, bills of lading, or other contracts, express or imphed, con-
cerning the delivery of goods, wares and merchandize brought into the State,
in ships or vessels from a sister State, or from foreign parts, to the same extent,
to all intents and purposes, as the court of common pleas, where the contractor
cause of action arises within the limits of the corporation, and where the de-
fendant is a resident within the limits of the corporation, or is not a resident of
this State 329
37. To have concurrent jurisdiction with the court of general sessions for Charles-
ton district, of all cases of grand and petit larceny, and in all cases of misde-
^ meanor, arising or committed within the limits of the city, under any law
now in force, or hereafter to be passed in this State ; provided, that nothing
herein contained shall extend to any inhabitant of this State, (except tran-
sient persons,) not a resident of the city, and no person shall be construed
to be a resident of the city, unless he shall have resided in the city three cal-
endar months prior to the commencement of the prosecution against him, or
• shall have resided within the city four months during the year, immediately
preceding the commencement of such prosecution . • ■ 338
38. All judgments and decrees recoverei) and of record in the city court, and all
executions sued out, or to be sued out thereon, and lodged in the office of the
sheriff of the said court, shall have the same lien of binding efficacy and ope-
rative energy, on the property and persons of the parties defendant thereto,
within the judicial district of Charleston, as if svch judgments and decrees
had been recovered and entered of record in the court of common pleas for
the district, and as if sunh executions had been lodged in the office of the
sheriff of the district; and it shall be the duty of the sheriff of the district to
execute and enforce all such executions, on property and persons lying and
being without the hmits of the city, and within the district ; provided such exe-
cutions be first entered in the office of the sheriff of the district, with an order,
in writing, from the party sueing out the same, or his attorney, endorsed there-
on, directed to the sheriff, and requiring him to execute the same, on person or
property, as the case may be, without the limits of the city, and within the dis-
trict 338
39. All executions sued out from the court, shall be tested, made returnable, and
be returnable, in like manner as is now directed by law in relation to execu-
tions sued out from the courts of general sessions and common pleas of this
State 33S
628 1NI)EJ(.
COURTS, (continued.)
40. It shall be lawful for the recorder to grant a commission to examine any wit-
nesses residing out of the city, when the testimony of such witnesses may be
necessary in any cau.«e depending in the court — 335
41. The jurisdiction of the court extended to one thousand dollars 323
VI.— COURT FOR THE TRIAL OF SLAV^ES AND PERSONS OF COLOUR.
1. All the Acts relating to slaves and persons of colour, from the settlement of
the Colony to the year 1751, have been rejiealed, or have expired of their own
limitation.
2. Upon complaint made to any justice of the peace, of any heinous or grievous
crime, commuted by any slave or slaves, as burglary, robbery, burning of hou-
ses, killing or stealing of any neat or other cattle, or other petty injuries, aa
maiming one of the other, stealing of fowls, provisions, or such like trespass,
the justice shall issue his w.irrant for apprehending the offenders, and for all
persons to come before him that can give evidence, and if, upon examination, it
probably appear that the apprehended are guilty, he shall commit them to pri-
son, or take security for their forthcoming, as the ease shall require, and also
certify to the justice next to him the cause, and require him to associate him-
self to him, (which such justice shall do,) and they so associated shall issue
their summons to three discreet and sufficient freeholders, acquainting them
with the matter, and appointing them a day, hour, and place, when and where
the same shall be heard and determined, at which time and place, the justices
and freeholders shall cause the offenders and evidences to come before them;
and if they, on hearing the matter, (the freeholders being by the justices first
sworn to judge impartially and according to evidence,) shall adjudge the crimi-
nals guilty of the offence complained of, they shall give sentence et death, if
the crime by law deserves the same, or such punishment as the crime de-
serves; and by their warrant, cause immediate execution to be done, by the
common or any other executioner, in such manner as they shall think fit ; and
if the crime committed shall not deserve death, they shall condemn and ad-
judge the criminals to the party injured, and to his heirs forever, after they
have received such corporal punishment as the justices and freeholders shall
appoint, unless the owners shall pay to the pnrties injured such sums of money,
for the value of such times as the justices and freeholders shall appoint ; and
if any justice or freeholder shall neglect his duty above required, he shall for-
feit twenty pounds. (Expired ) 345, 374
3. Provided nevertheless, that when any of the afore-mentioned crimes shall be
committed by more than one negro, that shall deserve death, only one of the
criminals shall suffer death, as exemplary ; the rest to be returned to the own-
ers, which owners of slaves so offending, shall bear proportionably the loss of
the negro so put to death, and also proportionably the damage done by the
criminals to the parlies injured, as shall be allotted them by the justices and
freeholders ; and if any person shall refuse to pay his part so allotted, the jus-
tices and freeholders shall issue out their warrant of distress upon the goods
and chattels ol the person so refusing, and shall cause the same to be sold by
pubhc outcry, to satisfy the money so allowed him to pay, and to return the
overplus, if any be, to the owner. (Expired ) 346
4. If any slave or slaves shall commit murder, or make any insurrection, or
raise rebellion against their master's authority, or make any preparations of
arms, as powder, bullets or offensive weapons, or hold any conspiracies for rais-
ing mutinies and rebellion, the offender shall be tried by two justices of the
peace and three able freeholders, associated together as before expressed, who
are required to try the slaves so offending, and inflict death, or any other pun-
ishment upon them, and forthwith, by their warrant, to cause execution to be
done by the common, or any other executioner, in such manner as they shall
think fit ; and if any person shall make away, or conceal any slave suspected to
be guilty of the atore-mentioned crime, and not upon demand bring forth the
suspected offender, he shall forfeit one hundred pounds. (Expired.) 346
5. How to be tried in cases of rebellion, insurrection or conspiracy 356
INDEX. 6-29
COURTS, (continued.)
6. What evidence to be received 357
7. A ju.stice of peace, upon complaint, to issue his warrant for apprehending the
slave, and bring forward the witnesses, and upon examination, and probable
cause, he may commit liim to prison, or proceed immediately to trial, or take
security for his ibrthcoming, and to require the next justice to associate with
him in issuing their summons to three sufficient freeholders, and they being
sworn, shall constitute a court for trial of the accused, and if the crime com-
mitted should not deserve death, they may inflict any other punishment, not
extending to limb or disabling 353
8. Justice of peace may have a slave whipped for larceny of any other person
than his master, being under the value of twelve pence, and not exceeding
forty lashes... 355
9. How punished for the second, third and fourth offence of the kind 355
10. Any judgment given for the first or second offence, shall be considered a
sufficient conviction, and so for the rest of the punishments 355
11. Justice to forfeit £25 for refusing to perform the duties 356
12. What evidence sufficient in cases of larceny or trespass, and what in cases
of life or 'imb, as murders 357
13. How to be tried in cases of insurrection, rebellion or conspiracy 356
14. What evidence to be received 357
15. For running away, with intent to leave the Province and service of the
master 357
16. How tried tor striking or offering violence to a white person 358
17. Any two justices of the peace, who, together with three freeholders, shall try
a slave, shall write the proceedings and judgment of acquittal or condemna-
tion, with the execution and other matters relating to the same, and return it
under their hands and seals, to the clerk of the crown or assize, to remain as a
record of their proceedings 359
18. Any single justice of the peace, who, pursuant to the powers given him by
law, shall hear and determine a complaint, and give judgment against a negro,
in any case where a greater punishment is inflicted for the next offence, shall
make a record of his proceedings, and return the same to the clerk of the
crown or assize, to be kept as a record, upon the penalty of the forieiture of
forty shillings for every neglect 359
19. Who and what number of the court must agree as to the guilt of a slave on
trial 365
20. One justice of the peace and two freeholders .shall have power to associate
themselves to try and pass sentence upon any slave guilty of any misdemea-
nor which amounts not to a capital crime 366
21. In all cases where any slave shall be condemned to die, the justices and free-
holders, or a quorum of them, that shall condemn such slave, shall, in the value-
ing, not exceed fifty pounds, which sum shall be paid to the owner of the
slave, his executors, administrators or assigns ,366
22. How punished for felonies, and how for offences less than felony 374
23. How punished for certain offences where a white man is allowed his clergy.. .374
24. Punishment for breaking open and stealing from corn houses and rice houses. .374
25. Two justices and one freeholder, or one justice and two freeholders, or the
said two justices and three freeholders, shall be a quorum, and the acquittal or
conviction of any slave by them, shall be final 374
26. How tried and punished for minor thefts 375
27. Justices and freeholders may order but one of several slaves convicted of a
crime to be executed, and to assess on the owners of the others a proportional
part of the loss, provided they do not assess the value of the negro executed
beyond twenty-five pounds proclamation money 375
28. Evidence necessary to convict in capital cases, and in cases not capital.. .375, 376
29. Slave running away, with intent to leave the State, and deprive his master
of his services, how tried 376
30. Ring leader of several may be executed, and a lesser punishment inflicted on
the others, and the owners proportionably assessed with the loss 376
VOL. VII.— 80.
630 INDEX.
COURTS, (continued.)
3J. Punishment and trial of a slave for inlicing another slave to run from their
master, and leave the Province 376
32. Proceedings where slave is possessed of horses or cattle 382
33. Or hogs, boats or canoes 382
34. Proceedings for compensating a person for a slave executed 383
35. Marshals and constables compelled to execute slaves convicted of any capital
offence, under penalty, within their district or precinct : and if the conviction
be for a lesser offence, the punishment shall be inflicted by the marshal or con-
stable of the precinct or place where the slave is tried, or by some one procur-
ed by them 383
36. Fees of the marshals for executions 383, 384
37. I'roceedings against slaves for felonies and lesser ofTenecs 387, 388
38. What shall constitute a quorum of the court 388
39. Larcenies 388
40. Punishments 388
41. In what cases owners liable 388
42. Penalty for justices neglecting their duty 388
43. Trial and punishment for insurrection, &c. and penalty for concealing a slave
suspected of such offences 389
44. Example may be made of some of the criminals, and the rest discharged, the
owners bearing a proportion of the loss of those executed. Mode of assessing
the loss 389
45. The evidence on such trials 389
46. Trial and punishment of a slave for running away, or enticing another to run
away, with intent to leave the State 390
47. Trial and punishment of a slave for striking a white person 390
48. Proceedings of the court to be written out and sent to the clerk of the crown
and peace in Charleston, within three months of the trial, under penalty 391
49. How to be recorded 391
50. The marshal or constable of the parish where a slave has been convicted of
an offence, to execute the sentence 395
51. Penalty for refusing 395
52. Fees 395
53. Penalty for neglecting or refusing to produce, or suffer a slave to give evidence . 396
54. Appeal allowed 396
55. What to constitute a quorum for trials under this Act 397
56. This Act continued of force for three years 397
57. How slaves tried for capital offences 400
58. For offences not capital 401
59. What shall make a quorum 401
60. Oath to be taken by the Court 401
61. Evidence admissible against slaves and free negroes 401, 402
62. Free negroes, how tried for crimes and offences 402
63. Slave guilty of felony, not allowed clergy in England, to suffer death 402
64. Certain offences declared felony in any slave, free negro, mulatto, Indian or
mestizoe 402
65. Homicide, and raising, or attempting to raise an insurrection, how punished. . .402
66. Sentence and punishment, how they may be commuted 403
67. Compensation to owners of tlave.s executed 403
68. Justices may compel persons to give evidence 403
69. Penalty for concealing accused slaves 403
70. Constables in the several parishes to execute all sentences on slaves 403
71. Their fees 404
72. If the charge be groundless, prosecutor to pay charges 404
Permanent Acts.
1. Time and mode of trying slaves 427
2. Owner sllowed his challenge on all trial of slaves for capital offences, but not
to extend to more than three freeholders 468
INDEX. 631
COURTS, (continued.)
3. No slave to be tried for any offence until his owner, or, in his absence, his
agent, iiave reasonable notice of the matter charged, and time and place of the
trial ........468
4. Method of forming court of magistrate and freeholders, on slaves coming into
this State from parts prohibited 4T3
VII APPEAL COURT, (CONSTITUTIONAL) OF LAW. See Constitution S. C.
1. Ail the associate judges to meet at Columbia, after the conclusion of the
circuits, every year, to determine all motions for new trials, in arrest of judg-
ment, and such points of law as may be submitted to them ; the court not to be
held by less than four judges 295
2 The judge who presided at the trial, not to sit or vote on the same cause
in the appeal court 295
3. Each judge to give his opinion, separately, in writing, with the reasons
assigned, to be kept on record 295
4. When required, every judge shall sign and seal a bill of exceptions 295
5. Clerk and Sheriff of Camden, or their deputies, to attend the appeal, or con-
stitutio.ial, court at Columbia, keep ihe minutes of the court, and keep the
records thereof; to receive twenty pounds compensation, and the sheritt' ten
pounds 275, 276
6. Not less than three judges shall hold the adjournment, (constitutional appeal,)
court, at Columbia 280
7. The judges to appoint a clerk to this court, to receive a salary of $140 300
8. The sheriff" of Richland to attend its sittings, and to be allowed $50 per
annum 300
9. The provisions made for its meeting after the courts in Columbia, i. e. the
number of judges requisite to hold the court, the mode of delivering their
opinions, &c ; to apply to its meetings in Charleston, as well as at Columbia. . . ,311
10. The opinions of the judges to be recorded in fit books, at Columbia and
Charleston, by the clerks of the two courts, and the opinions kept and filed — .312
11. Fees to clerks for recording 312
12. Free access to be allowed to these records, and fit indexes lo be kepi, and copies
to be furnished when required 312
13. Judges to give opinions also in writing, on granting or refusing new trials. . . .312
14. Court of appeals to order special courts on the circuit 317
15. To order the same to be published 317
16. The first clause of the Act to prevent frivolous appeals, repealed 318
17. The opinion of the judge who tried the cause below, shall not be allowed in
the appeal court 318
18. The court not to consist of less than lour judges, and no cause to be decided
without the concurrence of three judges at least; and incase the court is equal-
ly divided, the motion shall not be lost, but the case be postponed until the
attendance of any judge qualified to give an opinion, who may be absent at
trial or agument of the appeal 3 18
19. Appeals allowed to this court, directly from the inferior city court ol ''harles-
ton 320
VlII— APPEAL COURT IN CHANCERY.
1. A court of appeal for the court of equity established, to exercise appellate
jurisdiction in all cases brought up from the circuit, to be held at Charleston and
Columbia, twice a year; and all the chancellors to attend, and lo hear and try
all appeals that may be brought from the equity circuits 305
2. Appeals how to be made; notice of appeal, copies of papers to be furnish-
ed, &c 305
3. Chancellors to deliver their opinions and grounds and reasons thereof, in
writing, and subscribed by them 313
4. To be recorded at Charleston, by the register in equity ; and at Columbia, by
the commissioner of that district, who shall keep books of the opinions, with
proper indexes, the books to be open to the pubhc ; and the register or com-
"\issioners to receive certain fees for the same 313
T>me for holding the court in Charleston and Columbia 313
632 INDEX.
.COURTS, (continued.)
IX.— COURT OF APPEALS OF LAW AND EQUITY. See Court of Errors.
). A court of appeals, for the courts of law and equity established : to consist of
three judges, to be chosen from the present judges of law or equitj'-, by joint
ballot of both branches of the Legislature, to sit twice in every year at Colum-
lumbia, and twice in Charleston, at such periods as they may themselves fix
therefor, except that the court never sit in Columbia whilst the circuit courts
are in session, from which the appeal would go to Columbia, nor in Charleston,
whilst the circuit courts are in session, from which the appeals would go to
Charleston; and shall exercise appellate jurisdiction in all cases brought up
from the circuit courts, both of law and equity, in the same manner, and with
the same powers and authority in all respects, as are now exercised by law, by
the constitutional court, and the court of appeals, or by either nf them, sepa-
rately ,. .323
2. If at any time, one or more of the judges of the court should be absent, sick,
dead, or disabled to attend, it shall be the duty of the other judges to notify the
eldest circuit law judge thereof, and the next eldest, should it be necessary,
excepting any judge who may by law be excused from the performing circuit
duty, who shall thereupon immediatel}'- take the place of the absent appeal
judge or judges, until he or they shall return to their duties, or a successor
be chosen by the legislature ; and the decision of a majority of the court shall
be conclusive ; provided, however, that when a circuit judge is called in, he shall
not try an appeal from his own decisions on circuit 325
.3. If any person wishes to appeal from any order or decree of a chancellor, or
from any judgment or determination of a judge of a court of law, or to make
any motion in arrest of judgment, or for a new trial, he shall pursue the same
course, in every respect, as is now prescribed by law in cases of appeal; and
the chancellor or circuit judge shall transmit to the court of appeals, a correct
report, in writing, of the pleadings, the evidence, the points, and the substance
of the charge to tiie jury, if any be made, so that the whole case, or as much as
may be necessary, should be made manifest to the court of appeals 325
4. it shall be the duty of this court to make all such further and other rules and
regulations as may be necessary to carry this Act, and all parts of all former
Acts hereby retained, applicable to the appeal courts heretofore existing, into
effect 326
5. The court may order special district courts at their discretion, either of law or
equity, for the further dispatch of the business in the district courts ; and the
appeals from each district court, either of law or equity, shall be to the court of
appeals in Columbia or Charleston, as at present arranged in that respect 326
6. If a chancellor or crrcuit judge be unable to hold his court, a judge from the
court of appeals lo take his place and hold the court for him ; and the judges of
the court of appeals shall form a roster for this purpose 326
7. Appeals from the districts of Beaufort, Colleton, Charleston, Georgetown,
Williamsburg, and Ilorry, to be taken to Charleston, and from all other parts
to Columbia 328
8. Court of appeals, vvhen to meet at Charleston and Columbia, and mode of
proceeding 331
9. Judges lo appoint a clerk at Columbia, and one for Charleston ; removable at
their pleasure 331
10. Their offices, where to be kept. Shall not charge for certificates of I he result
of a cause, but shall send them to the circuit court clerks, free of charge, as
soon as the case is determined; allowed usual charge for copying, per copy
sheet 332
1 1. 3Iessengers to be appointed 332
12. If, at any time, one or more of the judges of the court be absent, from any suf-
ficient cause, the other judge or judges of the court shall notify one or rao"e of
the circuit judges of the same; and it shall be the duty of such judge or judges
to attend in the place of those so absent 330
13. The court shall sit at such times as may be necessary for the despatch of bu-
siness, but shall so arrange the calling of the appeal docket as not to interfere
with the holding of the circuit court 330
INDEX. 633
COURTS, (continued.)
14. Where an appeal shall be taken from a conviction for a misdemeanor, the
sentence which would have been passed shall be rei^uced to writing, and signed
by the judge before whom the case may have been tried, sealed up and lodged
wijh the clerk of the court for the district in which the case originated, to the
end that such sentence may be passed on the defendantat the next circuit court
for said district, after the appeal shall have been dismissed from the court of
appeals ; and the defendant shall not, in any such case, be required to appear
in person befirethe court 332
15. Where an appeal shall be taken m any case tried before one of the judges of
the court of appeals, sitting as a circuit judge or chancellor, such judge shall not
sit upon the trial of said appeal, and one of the circuit judges or chancellors
shall be called m by the court in his room • 332
16. No circuit judge or chancellor shall sit in this court on any case he may have
tried on the circuit 333
17. Any decree delivered in equity, or trial at law, during the sitting of the court
of appeals, may be taken to the court of appeals, on receipt of the decree, or re-
port of the judge, and on giving the opposite party four days notice ; which ap-
peal shall be heard as others 334
18. This court abolished 334
X.— COURT OF APPEALS IN LAW AND EQUITY, (OF ALL THE JUDGES OF
LAW AND EQUITY.)
1. The Court of three Judges abolished, and a new Court of Appeals established,
to consist of all the Law Judges and Chancellors, to hear all appeals in law and
equity, with the former powers of the court of appeals 335
2. No Chancellor who heard a cause, to exercise appellate jurisdiction in such
case 335
3. When the Court to sit in Columbia and Charleston 337
4. Salary of the judges 337
XL— COURT OF APPEALS IN LAW, OF THE LAW JUDGES. See Court of Errors.
1. The court of appeals in law and equity, of all the judges in law and equity,
being abolished, two courts of appeal were established, one in law, composed
of all the law judges, and one in equity, of all the chancellors 340
2. These courts to meet at the same time, at Charleston, on the 1st. Monday in
February, and at Columbia, on the 1st. Monday in May and 4th Monday in
November 340
3. Appeals from Barnwell hereafter to be heard in Charleston 341
XII.— COURT OF APPEALS IN EQUITY, (OF THE CHANCELLORS.) See Court of
Errors.
1. The Court of Appeals in Law and Equity of a\\ the Judges in both those
Courts, were superceded in 1837, by two separate Courts of Appeal ; one for
Law Cases of all the Law Judges — and one for Chancery Cases, of all the
Chancellors 340
2. These Courts to meet at the same time — at Charleston, on the 1st. Monday in
February ; and at Columbia, on the 1st. Monday in May and on the 4ih Mon-
day in November 340
3. Appeals in Barnwell to be heard in Charleston 341
4. In all questions of law as distinguished from equity, the court of chancery
shall follow the decision of the court of law 340
XIIL— COURT OF ERRORS.
1. Court of Errors to be constituted of both courts of appeal, Nos. XI and XII.. 340
2. Upon all constitutional questions, arising out of the constitution of this State,
and of the United States, an appeal shall lie to the whole of the Judges assem-
bled to hear such appeals, and an appeal shall also lie to the whole of the judges
upon all questions upon which either of the courts of appeal in law or equity
shall be divided, or where any two of the judges of the court shall require that
a cause be further heard by all the judges 340
634 INDEX.
COURTS, (continued.)
3. The judges of law and equity, when assembled, as aforesaid, in one chamber,
shall form a court fur the correction of all errors in law or equity, in the cases
that may be heard before them, and it shall be the duty of the judges to
make all proper rules and regulations for the practice of the said court of errors,
and for the mode of bringing causes before them 341
COURT OF SESSIONS. See Supreme General Court. Circuit Court.
COURT OF ORPHANS. See County Court. Ordinary.
COURT OF COMMON PLEAS See Supreme and General Court. Circuit Court.
COURT OF WARDENS. See Inferior City Court of Charleston.
1. Jurisdiction in Charleston, as to debt 107
2. May issue commission to examine witnesses 107
3. Counsellors and attornies not exempt from the jurisdiction 107
4. Jurisdiction where the debt or cause of action arose out of the city, but defen-
dant lives in it 107
5. Title changed to court of aldermen 148
COURT HOUSES AND GOALS,
1. For the county courts, how built 174
2. The judges authorized to contract for building them in the district 202
3. To be erected and built in various districts 292
4. Old goals to be used, until new ones be finished 292
5. Monies appropriated to build one in each district, except certain old districts. 298
6. Commissioners appointed to build a goal in Barnwell 310
COVENANT. See Bond.
CROPS.
1. Slaves not allowed to plant for themselves crops of corn, peas or rice, or to
keep stocks of hogs, cattle or horses, under penalty of twenty pounds current
money 368
CRUELTY TO A SLAVE,
1. How punished 411, 412
CUCKOLD, OR WANNELL'S, CREEK,
1. Drams to be made in its swamps and savannahs 551
CYPRESS SWAMP,
1. To be drained to Bacon's Bridge 516
DAMAGES,
1. On bond conditioned for performance of covenants, or for delivery of property,
&c., how assessed by a jury on writ of enquiry 280
2. Interest allowed in assessing dower on the value of the land, from the accrual
of the right of dower, and not from the time of alienation by the husband 331
DEALING WITH A SLAVE. See Trading with a Slave.
DEBT,
1. Action of debt in the county courts to be brought on all judgments, bonds,
bills, promissory notes, or other writing, with or without seal, where the debt is
liquidated and signed with the hand of the debtor, and to be considered as spe-
cialties 132
DECLARATION. See Pleading.
1. In every cause declaration shall be filed on the first day of the court, and if
not, the defeniant may serve the plaintiff by posting at the court house door a
rule to file his declaration ; and on failure so to do, within two days, he shall
be non prossed 267
DEEDS,
1. How to be proved and recorded in the counties 232
2. No deed to have effect to convey any right in lands, &c., unless made in wri-
ting, signed, sealed and recorded in the clerk's office of the county where the
land lies 233
3. Time allowed for recording — 1st, where the grantor is resident within the
State, at the execution, within 6 months from the execution ; 2d, where resident
in any other of the U. S., within 12 months ; 3d, if without the U. S., 2 years.. 233
4. Deeds not recorded in such times, only to be valid against parties and their
heirs ; but void as to creditors or subsequent purchasers, recorded as heretofore
required % 233
INDEX. 635
DEEDS, (continued.)
5. No deed to be admitted to record in any county court, unless acknowledged
or proved in such court by the grantor in person, or otherwise by proof of the
execution, to be made in open court, by the oath of too credible witnesses, at
the least ^^^
6. Memorandum of livery and seizen made in deeds of feoffment to be likewise
acknowledged or proved and recorded with the deed ; and such memorundum
thus recorded shall be taken and deemed a sufficient hvery and seizen 233
(The above provisions are made by the 45th section of County Court Act ;
which section has been held to relate only to counties where county courts were
established, and did not extend to other parts of the Stale. Penman vs. Hunt.
2 Bay Rep, 251.)
7. Not necessary to prove deeds for the grantor or witnesses to appear in court. . .244
8. Manner of proof where the grantor resides out of the State, or at some consi-
derable distance, by dedimus 244
9. Proof where the grantor resides in the State, but in another county 244
10. Need not be acknowledged, nor proved in open court, to bs recorded in
the county courts, but the acknowledgement before a judge of the supreme
court, or oath ,,of one witness before a magistrate out of court, that the deed
was duly executed, shall be sufficient. The provision extended to proving
all deeds executed prior to establishment of county courts 247
DEMURRER. See Pleading. Pleading in Chancery.
DETINUE,
1. In all actions of detinue the general issue shall be non detinet, and may be
sued and prosecuted m the same manner as trover or conversion, and no wager
of law allowed 236
2. Full costs allowed in cases of detinue, where the verdict amounts to $4 297
DEVASTAVIT. See Executors and Administrators.
DISCHARGE. See Indictment.
DISCOUNT,
1. If the plaintiff be indebted to the defendant, on any account whatsoever, the
defendant may, if he see fit, give the same in evidence by way of discount,
and the same shall be noted, and judgment entered up for the balance only ;
and if the discount be for more than the defendant owes the plaintiff, judgment
shall be entered for the defendant for the overplus, and an execution go for the
overplus, and the verdict shall be special, and the judgment so entered. Defen-
dant to give the plaintiff or his attorney at least 12 days notice before the trial,
with a copy of the discount intended to be offered, which discount must be
proved as usual 1°"
2. This law made of force in all the courts of the Province 176
3. A defendant within the jurisdiction of the city court of Charleston shall here-
after be allowed to plead a discount to any action brought against him by a
plaintiff not within the jurisdiction of the said court 322
DISTRESS,
1. The sheriff of the county courts, or his officers, may distrain tor any taxes,
levies, clerk's or sheriff's fees, or other monies, which may be sold if the own-
er does not in six days pay i he debt 225
2. Notice to be given 225
3. No unreasonable seizure or distress to be made, and not upon a slave, if other
sufficient distress can be found, under penalty 225
DISTRESS FOR RENT,
1. No slave liable for distress for rent, unless he belongs to the person chargeable
for the rent ^^^
DISTRICTS,
1. The State divided into equity districts 304
DISTRICT COURTS. See Supreme General Court.
DOCKETS,
, 1. In Charleston, a country docket to be kept in the circuit court 316
2. When and how to be called 316
DOMESTIC ATTACHMENT. See Attachment.
636 INDEX.
DOWER,
1. May be renounced before any of the assistant judges or justices of the court
of common pleas, as before the chief justice 19f>
2. How to be relinquished in the county courts 233
3. The relinquishment to be recorded 233
4. May be done by commission 233
(See Penman vs. Hunt. 2 Bay, 261.)
5. Writs of dower demandable of common right, and need no petition 294
6. Interest allowed in assessing dower on liie value of the land, from the accrual
of the right of dower, and not from the time of the alienation 331
DROWNING CREEK,
1. To be cleared 539
DUTY ON SLAVES,
1. Imposed to discourage their importation 367
2. Additional duties 370
EAST BAY,
1. Street, to be continued to Ashley river. Assessments, how to be made and
collected 103
2. Commissioners indemnified, and 28th clause of the road Act of 1785 repealed. 104
3. New assessment allowed 104, 105
4. Part of Road Act above mentioned repealed 104, 105
5. To be completed 109
6. Assessment, how to be collected. Voluntary subscriptions 109, 110
7. Certain lands on, to be appraised and sold Ill
8. Robert Lindsay, William Turpin, and estate of .Tames Somraers, allowed to
assess their damages, (in extending East Bay street,) by jury 112
9. City court to dispose of lands laid off for continuation of, 113
10. To be extended over lands of Robert Roper, the council paying the value
assessed 116
11. How to be paid 117
12. Former Acts repealed 105
EDISTORIVER,
1. And its branches, to be made navigable 519
2. And its north fork, to be cleared 532, 533, 538
3. No obstructions to be in the way of rafts 538, 539
EJECTMENT. See Trespass to try title.
ELECTION,
1. For intendant and W^ardens in Charleston 125
2. In case of vacancy 125
3. Qualification 125
4. Qualification of voters 125, 138
5. Names of voters to be registered ..139
6. List to be made out 139
7. Persons swearing falsely, how punished 139
8. How intendant and wardens to be elected 139
9. Registry law explained 142
10. Managers to read that part of the Constitution which relates to qualification
of voters, and administer the oath 142
ELLERY STREET,
1. Council authorized to close and discontinue 161
EMANCIPATION. See Maniwiission.
EMBARGO,
1. Limits thereof defined 351
ENGLISH STATUTES,
1. British or English Statutes wherein the plantations in America are not particu-
larly named, or, by intent or perview of such statute, not extended to such
plantations, or made of force here, are not to be enforced by the courts
here 191
ENOREE RIVER,
1. Passage for fish to be kept open 531
INDEX. 637
ENVEIGLING A SLAVE. See Stealing a Slave.
FQUITY. See CouH of Chancery.
EQUITY CIRCUITS. See Circuits in Equity.
ESTRAY,
1. The law of estrays, established in such parts of the State as have had no
county courts, declared the law of the whole State 299
EVIDENCE. See Poisoning.
1. Merchant's accounts copied from their books, compared before any justice of
Charleston, certified and sW'Orn to, admissible evidence in the county courts. . . .168
2. An attested copy of any Act or Ordinance of the General Assembly of this
Province, signed by the Secretary of State, and attested copies of all records,
signed by the keeper of such records, respectively, shall be deemed and al-
lowed for as good evidence in the courts of this Province, as the original could
or might have been, if produced to the said courts ; and also, all testimonials,
probates, certificates and other instruments, under the great seal of this Pro-
vince, or any of the other Governments in America, Bishop of any Diocess, Lord
Mayor of London, or Mayor or Chief Magistrate of any town corporate in Great
Britain, Ireland, or any of the plantations or elsewhere, or under the court seal
of any Notary Public of any of the places aforesaid, shall be likewise deemed
and allowed to be good evidence, in any of the courts in this Province 176
3. Femes Coverts, sole traders, m:iy prove their own books and accounts as
if sole 186
4. All planters and other persons, keeping just and fair accounts, shall, in all suits
whatsoever, be admitted and allowed as good evidence to prove their accounts,
in such and the same manner as the merchants and shop-keepers in Charleston
are admitted and allowed • • • ■ 187
5. In Chancery, to be taken in open court 258
6. Aged, sick or infirm persons, or witnesses out of the State, may be examined
in the court of chancery by commission 259
7. In what cases the evidence of a slave is sufficient against a slave ; and where
circumstances coroboratory are required 356
8. What sufficient in cases of trespass or petit larceny ; and what in cases of
life or limb, murder, &c 357
9. Of a white person struck or maimed, admissible against a slave 367
EXECUTOR AND AD3IINISTRATOR. See Abatement.
1. The right of administration to be determined by the president and majority
of his court, in the county courts 172
2. So all disputes concerning wills and executorships „ 172
3. Saving a right of appeal to the Governor, to whom shall be sent all letters of
administration, or letters testamentory, for his signature 172
4. To take sufficient bonil with good sureties, for the due administration of the
intestate's estate, which shall be recorded in the court 172
5. The county court to compel them to account where they are suspected of
squandering the estate of minors, and to give bond to account to the minor
when he comes of age, for so much of the estate as came into their hands;
the bond to be given to the President in trust for the minor 173
6. Where there are two or more, and one has left the State, or resides out of the
State, a creditor may sue all the executors or administrators, naming the execu-
tor or administrator who is out of the State ; and the writ being served on those
within the State, the suit shall be deemed good ; saving only, that judgment in
such cases shall not extend to work any devastavit upon the person or persons
so absent, or to effect them in their private right 282
EXECUTIONS,
1 . To run into all the counties, and be returnable to the court where issued 175
2. Where payment of money is decreed by the court of chancery, the usual pro-
cess for compelling the party to perform the decree, or a writ in nature of a
_^eri/acias, to make the estate, both real and personal, liable to satisfy the
decree, may be taken out by the party, in the same manner as in court of
common pleas, iind the sheriff shall have the same power and authority to
sell and convey, as he has on afi fa from the court of common pleas, and to"
VOL. VTI.— 81.
638 IxNDEX.
EXECUTIOiNS, (continued.)
take the same fees 2J 1
3. Mode of re-taking a prisoner under execution, if he escapes from a county
prison 225
4. When prisoner has been imprisoned, the sheriff may require security of the
plaintiff lor his maintenance 226
5. Persons obtaining judgments in the county courts, at their option may sue
forth afi.fa. or ca. sa. within twelve months from obtaining the judgment, against
the esate or body of the defendant 226
6. To be issued by the clerk of the court and returnable to the succeeding court,
having thirty days between tlie test and return, or to some court day within
ninety days after the lest 227
7. Forms of executions in various cases 227, 228
8. Forms of return 228
'J. If debtor die in prison, plaintiff to have a new execution against his estate. . . .228
JO. A second execution, J?. /a. or ca. sa. may issue, when the first remains
unexecuted ^ 228
11. Fi. Fa. bniding efficacy to commence when delivered to the sheriff 229
12. Sheriff to endorse the time on it when received 229
13. Property taken in execution, how to be sold 229
14. Shenfts ot the county courts may let the property remain in the hands of the
defendant, if he gives bond and security to produce it on the day of sale 229
15. No lands, tenements or slaves, to be taken in execution from the county
courts, or distrained for taxes, levies or officers fees, where other goods and
chattels are shewn by the defendant to the sheriff, sufficient to satisfy the
debt 229
16. Nor shall he distrain on a slave when other sufficient distress can be found . . .225
17. If the goods taken by the sheriff shall, any part thereof, remain in hand for
want of buyers, he shall make return accordingly, and a writ of veudUioni
exponas be issued, directing him to sell them 229
18. Fi. fa. or ca. sa. from the county courts, may issue into any county where
the debtor may remove, or his lands, tenements, goods and chattels, may be
found 230
19. The process to be returned by the officer of the county serving it, to the
court where the judgment was given 230
20. Executions to issue from the court of the district in which judgment is obtain-
ed, and served by the sheriff of the district wiiere the defendant is fouad or
resides 254
21. All executiiinsfrom the circuit court, to issue from the court where judgment
is obtained, and to be tested in the name of the chief justice or senior associ-
ate judge, signed by the clerk and served by the sheriff or his deputy, in the
district where the defendant or his property is found 262
22. When to be returned to the different courts 263
23. The sheriff to return them on the day to the clerks, and he shall deliver them
to the plaintiffs attorney 263
24. To be returned, on oath, by the sheriff, ten days after the return day, with a
full and particular account of the levies or sales made by him, and of the
money in his hands 264
2'). Under Sum. Pro. may be levied on real property, as other executions 282
26. All executions issued after 1st. January 18U0, from any district court, shall be
issued from the court where the judgment was obtained, be tested in the name
of the senior associate judge, signed by the clerk, with the seal of the court,
and served by the sheriff or deputy of the district where defendant lives or his
property lies 294
27. Penalty for Sherff or Coroner not returning executions according to law 296
EXTRA COURTS, ( OF EQUITY, )
1. If the busines on the circuits so accumulates, as to require an extra court, the
judge who is unable to dispose of the business, shall order an extra court, at a
convenient time, and one of the chancellors, or if unable, one of the appeal
judges, (of law and equity) shall hold the extra court 329
INDEX. 639
EXTRA COURTS ( OF LAW,)
1. An extra court may be ordered by the circuit judge to finish the business he
has been unable to dispat»?h, and he shall return and hold the extra court, unless
prevented by sickness or other cause, when any other circuit judge most con-
venient shall attend and hold the court; and the judge ordering the court shall
order juries for that and the regular «ourt 329
2. Clerks to draw juries for extra courts 330
FACTORS,
1. May sue in their own names, for any debt due for any wares, goods or mer-
chandize, by them sold for their principals 185
2. Their suit to bar any suit to be brought by the principal 185
FELONY. See Stealing a Slave.
1. No person sliall attempt to £teal or carry off any slave, on penalty of sixty
pounds ; but whoever shall actually do the same, shall be guilty of felony, and
be excluded from the benefit of his clergy 345
FERGUSON'S FERRY,
Drains leading to 513
FERRIES,
1. Oath to be taken by the keepers of ferries 445
FL FA. See Execution.
FINES, See Penalties and Forfeitures,
1. City council may fine to the amount of one thousand dollars, recoverable in
the city or other court having jurisdiction 149
2. Imposed and collected by the courts, appropriated to pay salaries of the
judges, attorney-general, and clerk of the court 203
3. To be sued for in the name of the King 205
4. How recoverable in the county courts 219
5. Imposed in the county courts, for the use of the county 245
6. Under the Act for ordering and governing negroes and other slaves, how
recovered and appropriated 364
7. Under various slave laws, how recoverable 381
8. And how disposed of, 381
9. Under the slave Act of 1740, how to be recovered and applied 416
FIRES,
1. Houses blown up or pulled down in Charleston lo stop a fire, in what cases to
be paid for, and ho w paid 10, 19, 20
2. Fire-buckets, hooks and ladders, to be provide! 11,20 27, 41
3. Commissioners to blow up houses 41
4. No building to be erected in Charleston, with certain exceptions, but of brick,
and mode regulated 58
5. Straw or hay not to be kept in dwelling house or kitchen, or adjoining out
houses, under a penalty 58
6. Engines, &c. to be provided 59
7. Fines liow disposed of 59
8. Fire Masters in Charleston, to have command at fires, and in their absence,
the Mayor and Aldermen 150
FIRE ARMS. See Arms.
FIRE COMPANIES,
1. In Charleston, regulations thereof. 150
2. The number of members in each l.jO
FIRE LOAN. See Charleston.
FIRE MASTERS,
1. To have control at fires, and in their absence, the Mayor and Aldermen 150
FIRING GUNS,
1. At night, prohibited under a penalty, (expired) 412
FISH,
1. Passage for fish to be kept open in Broad, Saluda, Pacolet, Tygerand Enoree
Rivers, and Stephen's Creek 531
FOREIGN ATTACHMENT, See Attachment
FORFEITURES. See Fines, Penalties and Forfeitures.
640 INDEX.
FORTIFICATIONS IN CHARLESTON. See -Sea Wall, Battery.
1. To be erected in different parts of the city SO
2- Satisfaction to be made to the owner of grounds used 30
3. The commissioners to cut down any timber or trees prejudicial to the forti-
fications 30
4. Powder house to be built within the lines 30
5. Commissioners authorized to press any negroes within the limits to work at a
certain rate, white men for overseers, and negroes, horses, carts, tools, &c. for
carrying on the work 30
6. Penalty for refusing to work when pressed ., 31
7. To be collected by warrant of a justice 31
8. Notice to work 31
9. Forfeitures 31
10. Neglect of duty 31
11. Appropriation 31
12. Compensation to commissioners 32
13. In Charleston, penalty for injuring 36
14. Who to inflict it 36
15. Children, how punished 37
16. No cattle to be kept within the intrenchments 37
17. Nor butchering allowed 38
18. Fortifications to be finished 43
19. Workmen may be pressed 43
20. Allowed compensation 44
21. Negroes exempted 44
22. Penally for refusing to work 44
23. Summons, what suflicient 44
24. Forfeitures and appropriations for 45
25. A comptroller of accounts for the work created, and accounts to be kept 45
26. Pallasades to be erected, and fortifications completed 48
27. Commissioners to be paid 38
28. Compensation allowed persons for damages incurred in the public service 43
29. Sea wall to be built 16, 28
.30. Platform to be rebuilt 28
31. Line of sea wall altered 41
32. Brick wall to be built, and how 61
33. Bridge and Breastwork 63
34. Repairs 63
35. Workmen and materials may be pressed 64
36. May be punished for idleness and disobedience 65
37. Powder Magazine 65
38. Further regulations and provisions as to fortifications in Charleston 65
39. Fort Johnson repaired 67
40. Negroes killed or maimed working on the fortifications, to be paid for 69
41. Powder, how to be kept 69
42. Further fortifications in Charleston, erected 72
43. Assessment, and penalty tor not paying 72
44. Work, how to be carried on , 72
45. Further law to preserve the fortifications in Charleston , 95
46. Vacant lands within, disposed of. 75
47. Commissioners appointed to assess the value of certain lands used for fortifi-
cations in Charleston in 1815, their assessment to be returned to the Legisla-
ture ••••124
FORT JOHNSON,
1. Repaired 67
FORT MECHANIC,
1. Compensation for land used for erecting 110
FORT STREET,
1. Council authorized to close it 153
INDEX. 641
FREE NEGRO. See Slaves and Free perso7is of color.
FREEHOLD. See trespass to try titles. Titles.
1. Slaves and negroes to be accounted freehold in all oases, and to descend as
such, except where other goods and chattels are insufficient to pay the debts, then
so many only as are necessary, as well proportionably oul of the slaves assigned
for dowry, as those that belong to the heirs or executors, shall be sold to pay
debts 343
FREEHOLDERS. See Court for trial of slaves.
GAMBLING,
1. Penalty for gambling with a slave, free negro or person of color, or being
willingly present, aiding and abetting 469
GOALS AND GOALER. See Prisoner.
1. Every sheriff and goaler required to receive and keep persons committed by
warrant from any judge or justice of the United States or of this State, under
penalty of fine and imprisorment 257
2. The sheriff or goaler shall give an account in writing at every sessions within
this province, as often as the same shall be held, of what negroes he has in
prison, with their marks and names, and the time they have been in his custo-
dy, and as near as he can learn, how long each has been from his respective
owners, on penally of fifty pounds for every default 34G
3. Penalty reduced "^^^
4. When to have his fees for a slave dying in goal 366
5. What receipt he shall give for a runaway 378
6. To enter in a book the oath of the person who delivers him the runaway 378
7. His duty as to runaways 391, 392
8. Duty and liabilities as to runaways 405
GOALS AND COURT HOUSE,
\. The judges authorized to contract, for building them in the districts 202
2. Commissioners appointed to build them in the different districts 264
GOATS AND SWINE,
1. Not to go loo.se in Charleston, on forfeiture of the goat, and penalty of 5s.
current money, to them that shall kill or take up the same 9, 18
2. To be killed and carried away, and proclaimed within 2 hours 9
3. May be redeemed, and how 9, 19
4. Not to go at large in Charleston, or forfeited to the use of the poor 76
GOODS AND CHATTELS,
1. Slaves liable in the same manner for debts as goods and chattels, and when
other goods are not sufficient to satisfy the debt, then so many slaves only as
are necessary, as well proportionably out of the slaves assigned for dower as
those that belong to the heirs and executors, shall be sold for payment of debt ;
and all negroes and slaves shall be accounted as freehold, in all other cases, and
descend accordingly 343
GOOSE CREEK,
1. Navigation to be improved, and drains made in its vicinity 543, 544
GOVERNOR,
\. And majority of the king's council, actually resident in the Province at the
time, may hold court of chancery 192
2. Allowed to grant leave of absence to certain public officers for a reasonable
time, on account of sickness or other proper cause 276
3. May, in the absence, sickness or inability of the judge to held the circuit court
of law, commission some proper person to hold it in his place 299
4. May proclaim martial law in time of invasion 351
GRAIN,
1 City council of Charleston authorized to regulate the sale of, by weight or
measure '^
GREENVILLE,
1. The new ceeded lands made into a county, and county courts established 244
GUARD. See Watch.
GUARD HOUSE, '
1. In Charleston, appropriation to extend it 15?
642 liNDEX.
GUARD HOUSE, (continued.)
2. City council authorized to improve it, on certaiu conditions < . .152
3. \^ hole expenlitnre to be borne by the parishes of St. Philip and St. Michael. .153
GUARDIANS,
1. Of negroes, may be appointed by the clerks of court, on petition 299
2. No master or commissioner to receive more than $10 for all duties connected
with the appointment of aguardian 324
3. How appointed for a slave claiming his freedom ^ 398
4. To free negroes, their dutv .462
GUNS,
Penalty for firing unnecessarily, at night times 412
HARBOUR MASTER,
1. Duty to report the arrival of all free persons of color to the sheriff. 462
2. Repealed 465
HARBORING A SLAVE,
1. If any slave shall harbor, entertain or give victuals to any runaway, knowing
him to be such, upon complaint to any justice of the peace, he shall, by order
of the justice, be severely whipped, not exceeding forty lashes 362, 380
2. How punished in a white man, or in a free person of color 460
HAULOVER,
1. A passage to be cut through 475, 509, 510
HIGH MISDExMEANOR,
1. In a white or free person of color, directly or indirectly to circulate or bring
into the State any written or printed paper, with intent to disturb the peace
and security of the same 460
2. How a white man punished for the above offence, and how a free person of
color 460
HIRING OF SLAVES,
1. No owner shall suffer any slave to do what, go whither, or work where, they
please, under penalty of the forfeiture of five shillings for every day he shall
suffer any slave so to do. But nothing in this Act shall be construed to hinder
any person from letting his slaves to hire by the year, or for any lesser time,
while such slave is under the care of his master, or other person by him intrus-
ted with the slave, and the master shall receive the whole of what tne slave
shall earn 363
2. What lawful hiring of slave, and what not. Slave not to hire his own time,
under penalty 380
3. Penalty for allowing a slave to go about looking for work, and hiring his own
time ; and penalty for employing one without a ticket from his master 3^3
4. No person to hire to slaves their own lime 462
HOGS,
1. Slaves not allowed to have. Proceedings in such case 382
2. Slave not to own hogs 394, 409
HOMICIDE,
1. If any one, out of wilfulness, wantonness, or bloody mindedness, shall kill a
slave, he, upon due conviction thereof, shall suffer three months imprisonment,
.without bail or mainprize, and also pay the sum of fifty pounds to the owner of
such slave; but if the person so offending be a servant, he shall receive on his
bare back nine and thirty lashes, by order of any two justice of the peace, be-
fore whom the matter shall be proved ; and, alter the expiiaiion of his time with
his master, he shall be further liable to serve the owner of such slave the full
term of four years, by order of the said ju.stices of the peace 346
2. If any person shall kill a slave sieaUng in his house or plantation by night, the
.slave refusing to submit himself, such person shall not he liable to any damage
or action for the same ; any law, custom or usage to the contrary notwithstand-
ing 346
3. If any person sends his slave out of the State thit has killed another, he shall
pay the owner the value of the slave killed ; and if for killing a white man, he
shall forfeit five hundred pounds to the executors of the man killed 356
INDEX. 643
HOMICIDE, (continued.)
4. ^^'^)at evidence sufficient in case of murder 357
5. If any slave, unjer punishment by his master, or his order, fo( running away
or other misdemeanor, shall suffer in life or member, no person shall be liable to
punishment therefor. But if any, from wantonness, or cruel intention, shall kill
a slave of his own, he shall pay into the public treasury fifty pounds, current
money ; but so killing the slave of another man, he shall pay to the owner the
full value, and into the public treasury twenty-five pounds, but not be liable to
any other punishment or forfeiture for the same 363
6. If the person so offending be a servant, he shall receive on his hare back nine
and thirty lashes, by order of any two justices of the peace before whom the
matter shall be proved, and shall also suffer three months imprisonment, with-
out bail or niainprize , which time of three months he shall serve with his mas-
ter, after the expiration of his time, and shall be liable to serve the owner of the
- slave killed the full term of four years, by order of the said justices of the
peace.
363
7. If any person shall kill, accidentally, the slave of another, he shall be liable
to no penalty but the owner's action at law ; and if he shall find any slave steal-
ing, who shall make resistance and refuse to submit, he may lawfully kill said
slave, and shall be liable to no damage or action for so doing 353
8. Any person sending from the Province a slave, who has killed another slave,
shall pay to the owner of the slave killed his full value ; and in case he shall
send away his slave who shall have killed a white person, and knowing him to
be guilty of such crime, he shall forfeit five hundred pounds 375
9. Penalty for wilfully killing the slave of another 381
10. Penalty if a servant, or one incapable of making satisfaction 381
11. Killing by accident, not liable to penalty, but to the owner's action at law 381
12. If a person shall find any negro or other slave stealing or robbing, (the said
slave making resistance, running away, or refusing to submit,) it is lawful for
such person to kill him, and he shall not be liable to any damage for the
same 331
13. Fines anii forfeitures under these laws, how recovered 381
14. If a slave ander punishment for running away, or for other crimes or misde-
meanors, suffer in life or limb, no one shall be liable to any penalty therefor 381
15. Penalty for wilfully killing one's own slave 381
16. If a slave suffer in life or limb while under punishment for certain offences,
no one answerable 39d
17. Pena'ty for wilfully and cruUy killing the slave of another 393
18. If killed by accident 394
19. If found steahng, robbing or committing burglary and attempts to escape, re-
sists or refuses to submit, he may be killed 394
20. Penalty for killing or cruelly using a slave 411
21. If done, no white person being present, owner presumed guilty, and to ex-
onerate himself 411,412
HOUSES,
1. No slave allowed to own one; forfeited if he does. Proceedings in such
case. (Expired.) • ^^
2. How, if claimed by the master 382
3. Not to be owned by slaves. Proceedings in such cases 394, 409
HORSE-SHOE CREEK,
1. To be made navigable 499,500,510
2. Obstructions to be removed 566, 574
HOSPITAL,
1. Established in Charleston 91
2. Funds provided ^1
3. How to be used ^1
4. How settlement obtained •'^
HOUSES OF ENTERTAINMENT,
1. Penalty for allowing any slave to keep any house of entertainment or trade
under the Act of 1735 396
644 INDEX.
INDICTMENT,
1. Tf the grand jury returns "no bill," or the petit jury find "not guilty," the
person shall be discharged, in any court in the province, he paying one half
the fees _ 17g
INFERIOR CITY COURT OF CHARLESTON. See Courts, (Inferior city Court of
Charleston.)
INHERITANCE,
1. The inheritance of a femme covert mnj be renounced or relinquished, as well
before any one of the assistant judges of the court of common pleas, as before
the chief justice 196
2. Of married women, now to be conveyed or released in the county courts 233
3. May be done by commission, (See Penman vs. Hun'. 2 Bay, 251) 233
INJUNCTION,
1. Granted only upon bill fite<l, and two days notice first given the adverse party
or counsel, in writing, expressing the place and time .. 164
2. The complainant or his solicitor, shall make oath if required, that be beheves
the allegations in his Bill to be true 164
3. No injunction to be granted 'until the sum of money for which judgment is
given, be deposited in court '. 164
4. No injunction to continue of force any longer than the sitting of the next
court, after defendant has answered, unless the court shall see cause to continue
the same 164
5. Nothing in this Act to exted to injunctions to stay waste, which are granted
of course, on affidavit before the master, that the complainant has been three
years in quiet and peaceable possession of the lands J64
6. Court of Chancery always open i 164
7. The Governor and five members of Council, may grant injunctions 165
8. A defendant at law, upon filing a bill for relief in Equity, may obtain an
injunction to stop proceedings at law, upon his giving security to the register or
master in chancery, to stand to, abide and perform, the decree or order of the
court; which security shall be only equal to the damages laid in the declaration
at law 189
9. This Act made of force for five years : 189
10. A party applying for an injunction to stay proceedings in an action at law, or
judgment or execution, or the levying of execution, shall be entitled to injunc-
tion, on making oath to the truth of his bill, and giving bond to the plaintiff at
law, with security, to be approved by the master in chancery, for such sum
and condition as the court shall direct, if, upon the merits of the motion for
such injunction, of which motion due notice shall always be given to the ad-
verse party, the complainant shall appear, from the equity stated in his bill, to
be entitled to an injunction • 209
11. The defendant to a judgment at law, at any time within 40 days after the ad-
journment of the court at which it was obtained, may give notice to the sheriff
that he intends to file his bill, praying for a writ of injunction, and shall annex
thereto an affidavit of such intent ; the sheriff shall (making an entry in his books
of the time of notice,) be bound, on receiving security, to stay further proceed-
ings on the execution; provided, the notice be served on him before the actual
sale of the property ^ 279
12. And where levies have been made on any movable property, the complain-
ant, on giving bond to the sheriff, with two good sureties, to be approved by
him subject to the future approbation of the court, in double the value of the
property so levied on, conditioned to return, in good order, to the sheriff, the
whole of the property, if the complainant does not procure an injunction, and
cause it to be served on him within 30 days from the date cf the bond, shall be
entitled to receive back and retain all such moveable property ; and the said
complainant shall be bound to proceed and file his bill, and apply for an injunc-
tion, within 20 days after giving such bond .279
13. And if no injunction be served on the sheriff within 30 days after the bond,
he shall then proceed under the execution, after legal notice ; and if the
INDEX. G45
INJUNCTION, (continued.)
complainant will not forthwith deliver up such property, the sheriff shall as-
sign the bond to tlie plaintiiT in the suit, who may sue thereon and recover the
penalty of the bond, with costs, in which suit no imparlance shall be allowed.. .'2'<9
14. The master or commissioners in equity may grant injunctions, which shall con-
tinue of force until the answer is filed, in the same manner as the chancellors
are now authorized to do; and upon filing the answer, an application maybe
made to the chancellor, who shall make such order upon the bill and answer,
as the case may require, either at chambers or in open court S.TO
INSOLVENT DEBTORS,
1. How they could swear out of prison, under mesne process and execution, in
the county courts 174
2. How they may render a schedule of their, estate, (under process from the
^ county courts,) and at what time, to obtain a discharge 230
3. Oath to be made as to the contents of the schedule, to obtain the benefit of
the Act ..230
4. Schedule to remain in the court after being subscribed or acknowledged be-
fore the justices, in open court, with the clerk, for the instruction and informa-
tion of the creditors 230
5. Such goods, lands and effects to be sold by the sheriff by venditioni exponas,
as in case ot fi fa. and other orders made by the court concerning the debts,
contracts or securities of such insolvent, as in their discretion may benefit
the creditors 230
6. Upon delivering the schedule and taking the oath, the justices may command
the sheriff or gnaler to discharge the prisoner 231
7. Perjury, for false schedule 231
8. Plamtiff liable for support of debtor in goal, if insolvent, and must give secu-
rity to pay the same when demanded, or the prisoner discharged. (See McClain
vs. Hayne, 1 T. Con. Rep. 212.) 231
INSPECTION STREET,
1. May be closed 146
INSURRECTION,
1. If any person shall make away with, or conceal a negro charged with the
crime of insurrection, he shall pay £50 356
2. If more than one negro be ccmvicled, and the Governor pardon all but one,
each owner shall hear a share in the loss of the negro exe3uted. How to be
paid, and in what proportion ■. 356
3. If any slaves shall make mutiny, or rise in rebellion against the government
of the Province, or shall prepare offensive weapons, or hold counsel or conspi-
racy to raise or carry on sucli insuneciion, the offenders shall be tried by two
justices of the peace and three freeholders, associated as in case of murder,
burglary, &c., who shall try the said slaves, and inflict death or other punish-
ment, causing execution forthwith to be doae, by the common or other execu-
tioner 356, 375
4. What evidence to be received on trial for life or limb 357
5. Trial and punishment for insurrection, conspiracy, mutiny, &c 389
6. Penalty for concealing a slave suspected of such offences 3S9
7. If any person counsel, aid or hire any slaves, free negroes or persons of color
to raise a rebellion or insurrection in the State, whether such actually take
place or not, he shall, on conviction, be adjudged a felon, and suffer death with-
out benefit of clergy 452
INTENDANT OF CHARLESTON,
1. How elected 98
2. Powers 98
3. In case of riot 99
4. Neglect or malpractice in office 100
5. In case of temporary absence or sickness. Council may elect one of Wardens
to act in his room 102
5. Excused from serving on juries HI
7. How to be elected 125
VOL. VII.— 82.
646 INDEX.
INTENDANT OF CHARLESTON, (continued.)
8. And when 125
9. Incase of vacancy 125
10. Qualification 125
11. Qualification of voters for 125
12. Addition to his powers 125
13. Qualification of voters for 138
14. Names to be registered 138
15. List to be made out 139
Itt. Persons swearing falsely, how punished 139
17. How to be elected 139
18. Registry law concerning voters, explained 142
19. Title changed to that of Mayor 148
INTEREST,
1. Allowed in assessing dower, on the value of the land, not from the time of
alienation, but from the accrual of the right of dower 331
INVASION,
1. Being threatened. Governor may press vessels to defend Ashley river 38
2. North bar of Ashley river may be obstructed 39
3. Barrels of sand to be prepared 39
4. Men may be pressed 39
5. Compensation allowed for damages sustained 48
6. Marshal law may be proclaimed by the Governor, in time of invasion 351
JACKSONBOROUGH,
1. Court to be held there 289
JEFFRIES CREEK,
1. Navigation to be improved 561
JUDGES,
1. The Chief Justice and associate Judges, when appointed for good behaviour
by the King, to receive — the Chief Justice £500, and each associate £300
salary per annum 203
2. Their fees 205
3. If elected a member of Congress, his fees and salary to cease during his ab-
sence from the State , 205
4. Two law judges added to the number under the new judiciary system of 1800.288
5. Chief Justice abolished 288
6. Wiiere one is absent, .sick or otherwise unable to hold a circuit court, the Gov-
ernor may commission some suitable person to hold the same in his place 299
7. The judges of the court of general sessions and common pleas, have power,
at their chambers, to grant writs of prohibition and mandamus, and oi quo
warranto, and to hear and determine motions to set aside or stay executions, in
the same manner, in every respect, as if the court were actually silting ; any
law, usa^e or custom to the contrary notwithstanding; and the parties, respec-
tively, have the same right of appeal to the constitutional court of appeals, as
if the decision were made in open court 321
8. The Act of 17fi9, authorizing tlie Governor to appoint one to hold a court in
the absence of the judge, repealed. . 321
9. Their salaries in law and equity to be $3,000 per annum 337
JUDGMENTS,
1. All judgments to be sued on in the county courts in debt, and to be regarded
as specialties 232
2. Abstract of all judgments in the district courts to be sent by the clerks to
Charleston twice a year, to be recorded in the clerk's office ot Charleston ; and
if not so docketted, to have no avail, except in the district where recorded 256
JUDGMENT BY DEFAULT. See Pleading.
JUDICIAL DISTRIC rs,
1. Of Charleston, Beaufort, Orangeburgh, Georgetown, Camden, Cheravv and
Ninety-six, established, and limits defined 199
2. The State divided into 24 283
INDEX. 647
JURY AND JURORS,
1. Intendant and wardens of Charleston, the city treasurer, sheriff, marshal and
recorder, exempt from serving on juries .111
2. In Charleston, only to serve six days of each terra, and separate jury for
each week 119
3. Jurors, how to be drawn 119
4. Penalty for default 120
5. How constituted and drawn in the county courts. Fines, &c i 170
6. Not to serve out of the county where they live. Compensation 170
7. Fined 3 pounds, proclamation money, for non-attendance 187
8. Times for drawing, altered in the supreme court 195
9. Mode of drawing 196
10. Who exempted 194
11. How the lists to be made to the law courts in Charleston, and the district
courts nev\'!y established 203
12. Manner of drawing the jury 203
13. In what cases a special jury may be drawn, and how drawn 203
14. How drawn upon the courts resuming business after the revolution 207
15. Jury lists, how to be made 207
16. Howdravvn in the county courts 234
17. Grand juries for the county courts, only to be summoned twice a year 245
18. Juries of Charleston to try all cases of piracy and felonies on the high seas
broughtthere, as if the crime was committed in that district 247
19. Additional number of jurors to be drawn for Charleston 265
20. The grand juries of the county courts to have equal jurisdiction with the cir-
cuit court grand juries. 267
21. If they find a bill on a charge of a higher nature than the county court has
jurisdiction of, the person indicted shall be referred for trial to the next court of
sessions, for the circuit in tlie district where the offence was committed, and
the indictment and proceedings removed there 267
22. The judges of the county court shall bind over all witnesses, for the State or
the accused, to attend the circuit sessions 267
23. If the bill be not found, the accused shall be released 267
24. The county attorney to be entitled to such fees as the attorney general in the
sessions 267*
25. Special juries, in what cases and how to be formed 271, 272
26. Penalty for defaulting special juries 272
27. Grand and petit juries, how drawn 273
28. Penalty on defaulters 273
29. Juries for Pinckney, Washington and Ninety-six 273
30. Drawing of certain juries declared legal 280
31. The judge at any court may order the tax collector of the district to provide
the sheriff a list of the names of all persons paying taxes, distinguishing such
as pay 5s. and less than 15s., and such as have paid 15s. and upwards, the pre-
ceding year 280
32. Jury lists to be made and jurors drawn for the different circuit courts, and
new jury lists to be made out every 3 years 286
33. And the judges to cause the jurios to be drawn, and mode of drawing 286, 287
34. Penalty for non-attendance 287
35. In the inferior city court of Charleston, to be drawn to serve one week, un-
less actually charged with an is.sue, in which case they shall be adjourned from
time to time, or continue to sit until the issue shall be disposed of, and the same
number to be drawn for each week, as heretofore for one week 320
36. The Act requiring juries in Charleston district to sit, in- certain cases, beyond
the week, extended to the inferior city court 322
37. Residents in Charleston for four months, liable to serve as jurors in the
city court, if in the city when served, and qualified otherwise 322
38. Owner allowed his challenge in all trials of slaves for capital offences, but not
to extend to more than three freeholders -.468
648 INDEX.
JURISDICTION. See Liferor City Court of Charleston, Justices of the Peace and Quorum,
Court of Chancery, Circuit Courts, County Courts, Supreme and General Court, Chancel-
lors, Chancery Court.
1. No certeorari, or other vvril to remove a cause from a county court to the
general court at Charleston, shall issue, unless it be for a matter above twenty-
live pounds in civil cases, and life and lin-b in criminal eases ; nor in any other
cases shall the judges of the supreme court, examine, discuss, vacate, or other-
wise rule, order or adjudge, any matter or thing in contradiction to the proceed-
ings of the county court. - 178
2. Of county Coroners, only to extend to their counties 181
3. In counties where there are county courts, no suit shall be brought in any
other court of law, for any sum less than fifty pounds, on any judgment, bill,
bond, note, account liquidated and signed by the defendant ; nor on any open
account, for any less sum than twenty pounds 2G7
4. If any suit so prohibited, shall be brought, the same shall, on its appearing to
the court, on motion of the defendant or his attorney, be dismissed at the plain-
tiff's costs; ^jrot'idefZ, any person may bring his suit in any case aforesaid in
the circuit court, on any debt contracted before the passing of this Act 267
5. Where there are several defendants to a suit in chancery, residing in different
districts, the complainant shall proceed in that district in which the greatest
number of defendants reside ; and if the number be eqlialin different districts,
he may elect 283
6. Judges to make rules to carry this law into effect 283
JUSTICES OF THE PEACE AND QUORUM,
1. In case they have no recognizances or other matter to return, need not
attend the general court ot sessions 186
2. Jurisdiction of magistratis, under the /< ct for the trial of small and mean
causes, shall not extend beyond twenty shillings, lawful money , and in no case
ot trespsss, assault and battery, trespass vi et armis, or slander 237
3. In counties where courts are established, a single magistrate shall have juris-
diction from twenty shillings to five pounds in debt, liquidated by bond, note
or other acknowledgment in writing, and in no other matters; with an appeal to
the county court of the county 243
4. Justices in each county, increased to eleven 245
5. Jurisdiction of a single magistrate, where county courts are estabhshed, to
cases of debt, not exceeding three pounds, with an appeal to the county court.. 246
6. The power to issue altn(;hments against an absconding debtor, or one re-
moving privately out of the district or State, given all justices throughout the
State 24S
7. Jurisdiction of a single magistrate where county courts are established, to ex-
tend to five pounds, with the right of appeal 247
8. No action of trespass, trover, detinue, slander or trespass, assault and bat-
tery, or other action arising merely from tort anii not from contract, shall be
cognizable by any justice of the peace 2o8
9. Who may administer their oath to them : 269
10. Record thereof to be kept in the county court 269
11. Justices, their number and how appointed; how long to continue in office;
what causes to try ; jurisdiction to extend to five pounds in liquidated demands,
and to three pounds on open account. No fees if judgment be for less than ten
shillings. Jurisdiction exclusive. Appeal allowed on sums above twenty shil-
lings, to the county courts, on security given to prosecute to effect or pay costs.
Two justices in county court necessary to try appeal 268
12. Prohibited from keeping tavern or retailing spirits; nor any license to be
granted to one, or to any one in his house, family, or employment. Penalty
for breach of this law 269
13. Justices of peace, where tliere are no county courts, to have jurisdiction to
the amount of five pounds and three pounds, as justices have in districts where
there are county courts • ■ . . 277
14. All justices of peace, before whom recognizances for appearance at court
INDEX. 649
JUSTICES OF THE PEACE AND Qf^ORUM, (continued.)
shall be entered into, shall lodge them, with all accompanying papers, in the
respective clerks's offices of the courts to which they are returnable, before
the day for the meeting of the court, under penalty ^f ten pounds for neglect,
unless he gives to the court a good excuse, on oath 278
15. Justices of the quorum may make orders for trial, and grant special bail 294
16. The jurisdiction of a justice of peace, to extend to twenty dollars 206
17. Either party may appeal from magistrate to the next circuit court, upon giving
security to prosecute to effect ; and upon such appeal, the circuit court to issue
execution 296
18. Attorney's fees for fiich appeal, two dollars 296
19- All justices of peace and quorum in the State, except, in the city of Charleston,
shall have jurisdiction in all cases of debt, secured by bond, note or bill, or
liquidated account, to the amount of thirty dollars : provided, that all judg-
ments so given for thirty dollars, shall not be inforced for three months ; and if
the defendant shall give bond and approved security, that he will produce suffi-
cient property to answer said debt at the expiration of that time ; and all other
judgments to be given by such magistrate, for any other sum above twenty dol-
lars, shall not be inforced for two months, on like terms, saving the right of
appeal •^"'^
20. Power of justices to order suspicious places to be searched for arms in
possession of a slave 387
21. His duty, with ivio freeholders, to inflict penalty for not providing slaves with
sufficient iood 391
JUSTICE AND FREEHOLDERS. See Court for trial of slaves.
KEOWEE RIVEK,
]. Navigation to be improved Sol
KINLOCH'S COURT,
1. The city council of Charleston authorized to keep it open 128
LANDING,
1. A public landing established in Charleston 22
LANDS,
1. Vacant lands in Charleston, nortn of Queen street, to be disposed of by the
Legislature ' ^
2. Disposed of. 76
LANDS AND TENEMENTS,
1. Not liable to executions from the county courts, where other goods and chat-
tels are shown by the defendant, sufficient to satisfy the demand of the officer. 229
LARCENY,
1. Single magistrate to possess jurisdiction in cases of; to be punished with whip-
ping, not exceeding thirty nine lashes 243
2. By a slave, under the value of 12d. how punished 355
3. A slave may be killed if found stealing and attempts to escape, resists or re-
fuses to submit -■ 394
LAW COURTS. See Court of Common Pleas.
LIBRARY,
1. A Provincial library in Charleston established under the patronage of Dr.
Thomas Bray, placed under the safe keeping of the minister of the Church of
England, in Charleston 13
2. And in his absence, of the church wardens 13
3. ^i'heir duties, liabilities, and regulations of the library 13, 14, 15
LICENSES. See Tavern Keeper. Retailing Spirituous Liquors.
1. County court to license keepers of taverns, victualing, ale and punch houses,
and public inns, and penalty for keeping without license 171, 172
2. For keeping taverns, billiard tables and retaiUng spirituous liquors, to be grant-
ed by the commissioners of the roads 299
LIEN,
1. Of an execution in the county court, to have binding efficacy on the property
of the delendant, from the time it is delivered to the sheriff 229
650 INDEX.
LIEN, (continued.)
2. Judgments and executions to bind real property, as other judgments and exe-
cutions 282
3. All judgments and decrees recovered and of record in the city court of
Charleston, and all executions sued out, or to be sued out thereon, and lodged in
the office of the sheriff of the court, shall have the same lien of binding effica-
cy and operative energy on the property and persons of the parties defendant
thereio, within the judicial district of Charleston, as if such judgments and de-
crees had been recovered and entered of record in the court of common pleas
for the district, and as if such executions had been lodged in the office of the
sheriff of the distrii-t ; and it shall be the duty of the sheriff of the district to
execute and enforce ail such executions on property and persons lying or being
without the limits of the city, and within the district; provided, such executions
be first entered in the office of the sheriff of the district, with an order in wri-
ting from the party suing out the same, or his attorney, endorsed thereon, direc-
ted to the sheriff, and requiring him to execute the same on person or property,
as the case may be, without the limits of the city, and within the district 338
LIQUIDATED DEBTS,
1- All to be regarded as specialties in the county courts, and to be sued in action
of debt 23-2
LIVERY,
1. A servant may be sent from a plantation without a ticket, if he is in livery.. .352
LIVERY AND SEIZEN,
1. How to be acknowledegd or proved and recorded with conveyances of real
estate 233
(See Penman vs. Hunt, 2 Bay, 251.)
LOOK-OUT SHOALS,
1. A portage to be made along 582
LOTTERY,
1. One authorized to be drawn by the trustees of the second Presbyterian
church - 128
2. Allowed to improve the navigation of the Savannah river 569
3. The Sampit and St. James Santee Canal Company authorized to draw one. .582
LOWDER'S LAKE,
1. To be opened 566
LUNATIC SLAVES,
1. Of persons unable to provide for them, provided for 424
LYNCH'S CREEK,
1. To be made navigable , 523, 554, 561
MAGAZINE,
1. The city council of Charleston authorized to erect one on the public burial
ground on Ashley river 127
2. Council to have control of it 127
3. To impose rates on storage 127
4. Persons living in Charleston may store their gun powder in it 127
MAIMING,
1. Of a white person by a slave, unless by command or in defence of their mas-
ter, mistress, man iger, owner of their families or goods 377
MAGISTRATES. See Justices of the Peace and Quorum.
MALPRACTICE IN OFFICE. See Sheriff. Clerks of Court.
MANDAMUS,
1. The judges of the court of general sessions and common pleas have power, at
their chambers, to grant writs of prohibition and mandamus, and o{- quo war-
ranto, and to hear and determine motions to set aside or stay executions, in the
same manner, in every respect, as if the court were actually sitting: any law,
usage or custom to the contrary notwithstanding ; and the parties, respective-
ly, have the same right of appeal to the constitutional court of appeals, as if the
decision were made in open court 321
INDEX. Gfjl
MANUMISSION,
1. Any owner who shall manumit a slave, shall make provision for his departure
from the Province ; and such slave, being at liberty to depart, and not doing so
within twelve months after his manumission, shall lose the benefit thereof, un-
less such manumission be approved of and confirmed by an order of both
houses of Assembly 384, 396
2. A slave manumitted under the Act of 1735, hid to leave the State in six
months, or lose h's freedom, unless the Legislature approved it 396
3. Manner and form prescribed for emancipating a slave 442, 443
4. Must be by deed, or void, and must be recorded within six months, and a cer-
tified copy given to the slave within ten days 443
5. To be recorded in the office of the clerk of the district. Penalty for not con-
forming to the Act 442, 443
MARIOxN,
1. Commissioners to fix on place for new court house in 289
MARKET STREET,
1. In Charleston, extended to Cooper river 123
MARRIAGE SETTLEMENTS,
1. A memorial shall be recorded in the Secretary's office 234
2. The memorial to contain the date of the deed, the names, surnames and addi-
tions of the parties, the consideration, the lands, where they lie, and the num-
ber and ages of the slaves 234
(See the Act of 8th March, 1785, ante, vol. 3; and that of 21st Dec, 1792, 5th
vol. 203.)
3. This law not to have a retrospective operation 234
MARSHAL AND PROVOST MARSHAL,
1. Of Charleston, exempt from serving on juries Ill
2. To appoint deputies in each county court, for executing process and keeping
the prisons ; and the provost marshal shall be answerable for all escapes or other
misfeasances and neglect of his deputies, and shall be subject to such actions,
penalties and fines, as any sheriff or sub-sheriff in South Britain; Provided,
such fines, &c., be imposed on him by the general court at Charleston 175
3. To give security ; and any body aggrieved by him in his office, may bring
suit on the bond against liira and his sureties, jointly and severally, for all dama-
ges by him caused 188
4. The office of Provost marshal abolished, and a sheriff for each of the dis-
tricts or precincts appointed 201
5. To keep all runaways until their owner pay their charges, and liable for ne-
gligent escape of runaway 361
6. No other person to keep a runaway over ten days, under penalty 362
7. He shall not suffer the runaway to want food 362
8. To make return every sessions of slaves in his possession .... 362
9. Fee for executions on slaves 383
MARTIAL LAW,
1. May be proclaimed by the Governor in time of invasion 351
MASTER IN CHANCERY,
1. May hear all motions of course, and make orders thereon 165, 192
MASTER AND COMMISSIONER,
1. The master in chancery may hear all motions of course, and make orders
thereon... 165, 192
2. To give bond, (in the districts of Charleston, Georgetown and Beaufort, for
X5,000,) to be deposited in the Secretary of State's office, liable to be sued on
by any party aggrieved 258
3. One commissioner for each district court in chancery, to be appointed by the
Governor, during good behaviour ; their security to be approved of by the Go-
vernor, in the sum of £1,000 258
4. Commissioners to file and keep all bills, answers and papers, relating to any
cause depending in his district; swear and examine all witnesses, where neces-
sary or ordered by the court, upon interrogatories ; swear defendants to an-
swers ; take recognizances and affidavits, and all other matters and things usu-
ally done by the master or register of said court, previous to the hearing of the
' cause .„ 259
652 INDEX.
MASTER AND COMMISSIONER, (continued.)
5. Where aged, sick or infirm persons, or witnesses out of the Slate, are to be
examined, the court may issue commissions to examine the witness 259
6. The commissioners to attend their respective courts and there take and enter
down orders and minutes thereof, and make up and report upon all matters and
things referred to them by tlie court; and siial!, also, make al! sales under decree
of the court 251)
7. To have the same fees as the master and regisier 259
8. Either may, on good cause shewn on oath, have power to extend the time
for the defendant to put in his answer, plea or demurrer to plaintiff's bill, for
such period as shall be thought necessary ; provided, the same does not extend
beyond the lime appointed for docketing the causes for the next court of the
term Sflf,
9. If defendant does not plead, answer or demur, as above required, the register
or commissioner of the court shall grant an order that the hill shall be taken
pro confesso, and unless the order is set aside, the court shall make such decree
in the premises as shall appear to it just and equitable, and issue the process
necessary to compel the performance or enforce the execution of the decree. . . .306
10. Whenever there shall be granted an order that the bill shall be taken y)ro con-
fesso, on application of complainant, or his solicitor, stating that the answer of
the defendant is necessary, lo enable the court to pronounce its final decree, the
commissioner or register shall issue an attachment against the defendant, to
compel such answer, in the usual form; and no previous rule, requiring the de-
fendant to shew cause why the attachment should not issue, shall be neces-
sary 306
11. The master of the court of equity shall, in all cases arising or pending within
the equity district of Charleston, have the same power and authority as a judge
at chambers, to grant orders tor writs of ne exeat and attachment in all cases
of practice; and the commissioners in equity in the several other districts,
shall, in all cases arising or pending within their respective districts, have
power to issue writs of ne exeat and attachment, in all like cases, without any
previous order, upon such evidence and under such circumstances as would
authorize a judge at chambers to make orders therefor 306
12. Their fees 307
13. A commissioner in equity appointed for Charleston, who, as well as the pre-
sent master, shall exercise all the powers and authorities of, and perform all the
duties incident to, the office of the said master, and be entitled to receive for
his services the same fees and compensation as are allowetl by law to the mas-
ter of the court ; and the commissioner in equity shall give the same security
for the faithful discharge of his duty as is now required to be given by the mas-
ter in equity for Charleston 315
14. The .Judge presiding m the court, is authorized to apportion the business of
the court, now performed by the master, between the master and commissioner;
provided always, that when the parties interested shall agree to refer their busi-
ness either to tlie mastei'or commissioner, as they may choose, on application
being made to the judge, he shall permit them so to do, unless he should, for
some substantial reason, think itexpedient to refuse such permission. . . 315
15. In case of any clashing or interference between the master and loiumissioner
in equity, in the exercise of the powers and in the performance of the duties
of their respective offices, the judges are authorized to make such rules and
regulations as shall prevent the same in future 315
16. All registers and commissioners in equity who are or shall hereafter be hp-
pointed, shall, respectively, execute a bond, whh good and sufficient surities,
to the State of South Carolina, in the sum of twenty thousand dollars^ for the
faithful performance of the duti( s of their respective offices of registers and
commissioners in equity ; and such bonds shall be taken in the several districts
throughout this State, by the covnmissioners appointed to take bonds and secu-
rities from the sherifTs of the several districts of this State, which bonds shall
be transmitted and deposited as heretofore directed by law 3K
ii7. Whenever hereafter the master or commissioner in equity shall be appointed
}
INDEX. 653
MASTER AND COMMISSIONER, (continued.)
a receiver by the court of equity, and shall accept such appointment, he shall,
before he enters upon the duties of such office, duly execute a bond to the
judges of the court of equity, with two or more good and sufficient sureties, to
be approved of by the court making the order, in a sum equal to twice the
value of the estate and effects intrusted to him, conditioned for the faithful per-
formance of his duty as receiver, which bond shall be kept ameng the records
of the court of equity, and also recorded by the register, in a book kept for
that purpose in every court ; and a copy of said bond, certified by the register,
shall be delivered by him, on demand, to every party in interest in said funds ;
and such party is authorized to institute a suit at law on such certified copy,
either in his own name, or in the name of the judges of the court of equity,
whenever he may be aggrieved by any act or neglect of the receiver 323
18. Every receiver appointed by the court, shall be entitled to receive and retain
for his trouble as receiver, in preserving and managing all property whatsoever
committed to him, and in receiving, investing and paying over all monies,
bonds, notes, accounts and choses in action, and for all other duties whatsoever,
as receiver, the sum of two per centum upon the amount he may receive in
money, from the collection of the bonds, notes, accounts and choses in action,
and one per centum on the good and valuable choses in action uncollected by
him, and the same on the real value of every other kind of property preserved
and managed by him, and no more 323
19. Should any such receiver be ordered by the court to invest the funds in his
hands, and the accumulation of the interest thereof, when received by him, in
stock, or other funds yielding interest, as fast as received, and he should neglect
to do so, he and his sureties shall be chargeable with compound interest on all
such sums, to be calculated at half-yearly periods, from the time such sums were
so received 323
20. Every master or commissioner in equity, or register acting as such, shall keep
a book, in which he shall open and keep a regular account with every indivi-
dual or estate, on whose account he has, or shall hereafter receive any monies,
bonds, notes, stock, choses in action, or other property, of any description
whatsoever, by virtue of his office, or of his appointment as receiver, or of any
order or decree of the court; m which account he shall duly enter and regu-
larly credit to the parties interested, or the estate, as the case may be, every
thing so received by him, on their account, and debit all payments on account
of any charges against the said parties or estate ; and the book shall be exhibited
on demand, to any person interested in the same, who may take copies of any
account therein, and require the master or commissioner to certify the same,
whose fee for the same shall be one dollar ; and at the expiration of the officer's
term of office, or his death, or resignation, or dismissal, the book shall be de-
posited and kept among the records of the court of equity 323
21. Whenever any master or commissioner in equity shall be ordered or decreed
by the court to lodge in bank, or invest any monies in bonds, notes, stock, or in
any property whatsoever, for, or on behalf of anv person or estate, he shall
lodge, deposit or invest the same, not in his private name, but in his official
name as master, or commissioner, or register, or receiver, as the case may be,
in trust for the said person or estate, and shall exhibit his bank book of such
entries, when required by any of the parties interested therein 324
22. On the resignation, dismissal from office, or expiration of the term of office,
of any master, commissioner or register in equity, all the papers and documents
appertaining to his office, together with all the monies, bonds, notes, certifkates
of stock, or other property, received and held by him under the authority of
the court, shall be delivered over by him to his successor in office, within
twenty days after the date of the commission of such successor ; and should
any master, commissioner, or register in equity depart this life, his representa-
tives shall pay and deliver over all the monies, documents and assets held by
said officer, in his official capacity, as aforesaid, unto his successor, within such
time as any judge of the court of equity, upon application to him, by such
successor, may direct 324
VOL. VII.— 83.
654 INDEX.
MASTER AND COMMISSIONER, (continued.)
23. No master or commissioner in equity shall be entitled to charge any commis-
sion or fee, for the sale or change of any property under order of court, or
otherwise, unless he shall have actually sold the same at public auction, by the
decreetal order of the court, notwithstanding he may have been ordered by
the court to make titles to carry into effect any contract of sale, made between
any parties whomsoever, in which latter case, he may charge a fee of five dol-
lars for his titles, and no more, on any pretence 324
24. No master, commissioner or register in equity, shall receive more than ten
dollars, for all his duties connected with the appointment of a guardian or guar-
dians ; and the like .-ium, and no more, for all his duties upon any petition, un-
less an actual sale of property should be made by him, in consequence thereof,
when the usual commissions on sales may be charged 324
25. Should any master, eommit^sioner or register in equity, violate or neglect any
of the duties prescribed to him by this Act, he may be punished by the court of
equity as for a contempt, and his official bond may also be sued by any party
aggrieved by his violation or neglect of duty 324
26. The master and commissioner ot every equity district, shall, annually, at the
sitting of their respective courts, severally make report to the court, of the dif-
ferent estates in their hands, under and by virtue of any decree or
order of the court, with a full and particular account of the monies received
and paid, relating to the said estates; and the master and commissioners shall
also, at the time mentioned, severally report what guardians or trustees have
not annually made returns of all monies received and expended, and which of
them have so made their returns; and it shall be the duty of every trustee or
guardian appointed by the court, to make an annual return of the estate in his
possession, setting out all the items of money received and paid out, with the
proper vouchers ; and it shall be the duty of the master and commissioners, to
set apart certain days for a reference of such accounts, to give notice thereof
to all guardians and trustees, whose duty it shall be to account before them,
and likewise to make such observations on all such accounts, in his annual report
to the court, as may be necessary, and conducive [to] justice; and in cise he
should neglect to make such annual reports to all such guardians and trustees,
he shall be responsible for all losses by the minor and cestuique trust in conse-
quence of his guardian or trustee neglecting to account annually ; besides sub-
ject to be fined at the discretion of the court, on a rule to shew cause being
first served on him 327
■27. It is the duty of the chancellor, on the first day of every court to call upon
the commissioner to make his returns, and should the commissioner, or any guar-
dian or trustee, neglect to make his annual returns, the chancellor shall, during
the court, and before it rises, make such order as shall be necessary to carry
into strict operation this Act, and as shall be necessary to protect the interest
of those whose estates are in the possession of trustees or guardians ; and
should any chancellor neglect so to call upon ail commissioners and masters for
reports, he shall be responsible, after the commissioner has been sued to insol-
vency, or removed without the State, for all losses sustained by any one in
consequence of such neglect of duty 328
28. The master and commissioners in equity, shall, at the next sitting of the court
ot chancery, in each and every of their respective courts, make report to the
presiding judge, on the first day of the court, of all guardians and trustees ap-
pointed by any such court, who have not made regular returns of monies re-
ceived and expended, since their appointment ; and it shall be the duty of
such presiding judge to order proceedings immediately to be taken before the
commissioner, for compelling such guardian or trustee to render a full account
before the next sitting of such court, and to make such further order, as may be
necessary to justice, and to a correct and honest administration of the estates
of minors and cesiit/^ue trusts ; to discharge such guardian or trustee, and ap-
point others, or to make such order as to him may seem meet ; saving and re-
serving in all cases, a right of appeal, to the appeal court. 328
29. The master or ( ommissioners in equity may grant injunctions, which shall
INDEX. 655
MASTER AND COMMISSIONER, (continued.)
continue of force until the answer is filed, in the same manner as the chancel-
lors are now authorized to do ; and upon filing the answer, an application may
be made to the chancellor, who shall make such order upon the bill and answer,
as the case may require, either at chambers, or in open court 330
30. A commissioner to be elected for Chesterfield andMarlborough, to attend at
Darlington, and one for Horry, to attend at Georgetown 340
MASTERS OF VESSELS,
1. Penalty on their bringing free negroes or persons of colour into this State 471
2. Penalty on them for false returns 474
MAYOR,
1. Title of Intendant of Charleston changed to Mayor 148
2. Powers continued 148
3. Re-eligible 149
4. To hold police court, and powers 149
5. In case of absence of Mayor, Aldermen may appoint one of their number 149
MEMBERS OF CONGRESS,
1. The Act of 1802, "to prescribe, on the part of the State, the times, places and
manner of holding elections for representatives in Congress of the U. States,"
repealed :. ,,.313
MESNE PROCESS. See Writs.
MESSENGERS OF THE COURT OF APPEALS,
1. The judges authorized to appoint one for Charleston and one for Columbia,
removeable at pleasure, with a salary of $150 332
MESTIZOES. See Slaves.
MILITIA,
1. "An Act to revive an Act for the better settling and regulating the militia,"
5th December, 1696, repealed 12
2. City constables of Charleston, exempt from militia duty, except in times of
alarm or invasion 150
MILITIA OFFICER,
1. Duty in case of runaways assembling together 421
MISDEMEANOR,
1. One justice of the peace and two freeholders shall have power to associate
themselves to try, and pass sentence upon any slave guilty of any misdemea-
nor which amounts not to a capital crime 366
MITCHELL'S ALLEY,
1. May be enclosed 146
MORTGAGES,
1. All sales of mortgaged property shall be made in the several districts, at the
places fixed by the judges for sheriff sales, and at the times fixed by law for
the sale of property under execution 276
MOTTE-STREET,
1. The City Council of Charleston authorized to widen it 12S
MULATTOES. See Slaves.
NAVIGATION,
1. Not to be obstructed by the wharves in Charleston 15l
NE EXEAT,
1. The master of the court of equity shall, in all cases arising or pending within
the equity district of Charleston, have the same power and authority as a judge
at chambers, to grant orders for writs of ne exeat and attachment, in all cases
of practice ; and the commissioners in equity, in the several other districts,
shall, in all cases arising or pending within their respective districts, have pow-
er to issue writs of ne exeat and attachment, in all like cases, without any pre-
vious order, upon such evidence, and under such circumstances as would au-
thorize a judge at chambers to make orders therefor 306
NEGRO. See Slaves.
1. Going about Charleston at unseasonable hours, to be taken up and kept till
morning, and carried to their masters, who shall pay 1 and 6d. for each negro,
to the constable ..8
656 INDEX.
NEGRO, (continued.)
2. Not to be sold for taxes, for a longer term than one year 277
3. Persons willing to become guardians for negroes, Indians, mulattoes or mesti-
zoes, claiming their freedom, may apply for the same by petition to the clerks
of courts 299
NEGRO HOUSES,
1. Every master, mistress, or overseer of a family, shall cause their slave-houses
to be dihgently searched, oace every month, for clubs, guns, swords and mis-
chievous weapons, and finding any, shall take away and cause them to be des-
troyed ; and also, upon request made, to search the same for stolen chattels,
or any other things not given them by their owners, or honestly come by ; and
any thing suspected or known to be stolen goods, the same shall seize and take
into custody, and shall send a full and ample description of the particulars
thereof, in writing, within six days after the discovery thereof, to the sheriff or
goaler for the time being, who shall receive the same, and enter upon it the day
of its receipt, and set up notices in writing, publicly, that such goods are found,
and the owner, giving proof, by marks or otherwise, that the goods so taken
belong to him, he may have the same, paying twelve pence to the sheriflf or
goaler for his entry and declaration of the same ; and the parties by whom
such lost goods are taken into custody, shall make restitution of what is in
being, to the owner, on the penalty of ten pounds for every neglect by the
master, mistress, overseer, sheriff or goaler 345, 372
NEGRO STEALING See Stealing a Slave.
NEW CUT,
1. To be madenavigable 486, 498. 501
2. To be deepened 521
NEW TRIALS,
1. Motions for, allowed from the circuit courts, under such restrictions, and such
manner as the judges may order 256
NEWTOWN CUT,
1. To be opened 485
NINETY-SIX,
1. Two judges to hold courts there at the same time, one of common pleas and
the other of sessions, and if the latter adjourns first, the judge to assist in the
other 282
NOTES OF HAND. See Bills of Exchange and Notes of hand.
NUISANCES, See Balast.
1. Privy houses in Charleston, to be removed 9
2. Penalty for neglect 9, 10
3. Weeds in Charleston, to be cut down and destroyed 6, 18, 19
4. Houses of ease not to be kept 6, 18, 19
5. Slaughter houses, cattle pens, sheep pens, hogg styes, &c. in Charleston,
when declared nuisances by the commissioners, to be removed under penal-
lies 11, 40
6. Boiling tar, pitch and turpentine 42
OATHS,
1. Of the clerks of the county courts 223
2. Of county court sheriffs „ 223, 224
3. Oath to be administered to the county court judge 167
4. To be taken by a chancellor before entering upon his duties 208
5. To be taken by a justice of the peace of the county courts 212
6. Of the clerks of the circuit courts 255
7. Of the county court judges and justices of the peace, before whom may be
taken .269
8. Record of oath to be made 269
9. To be taken by magistrate and freeholders, on trial of slaves for being
brought into the State -445
10. Oath to be taken by keepers of ferries 445
11. To take slaves through the State 447
INDEX. 657
OFFICER, See Public Officer.
OFFICIAL BONDS,
1. Of the commissioners and registers, to be in the sum of twenty thousand dol-
lars, with good sureties, to be taken by commissioners to approve bonds in each
district, and transmitted as directed by law 315
2. All registers and commissioners in equity, to give bond, with good and suffi-
cient sureties, to the State, in the amount of $20,000, for the faithful perfor-
mance of their duties, and shall be taken in the several districts, by the com-
missioners to take bonds from the sheriffs, and the bonds shall be deposited as
heretofore 315
3. Of any master, commissioner or register in equity, may be sued by any party
aggrieved by his violation or neglect of duty 324
ORDEKS IN CHANCERY,
1. Master may hear all motions of course, and make orders thereon 165
2. May be made at any time, by a chancellor 209
3. Causes must be set down for hearing ten days before the first day of each
terra - 209
4. One chancellor may hear all motions, and make all orders necessary in any
cause, previous to the hearing and final decree 259
ORDINANCE,
1. Of the city council, restricting the sale of corn, peas, oats and other grain
carried to Charleston for sale, repealed by the Legislature 122
ORDINARY,
1. His powers vested in the county courts, where established 246
2. The late Ordinaries of the districts where county courts are established, to
deliver up all records in their offices, to the clerks of the several circuit courts
in their respective districts ; to which records all persons shall have recourse at
discretion, for Is. for every search — 249
3. Ordinaries not turning over their papers within 6 months, ai"ter an order of
the court served on them, shall pay a penalty of fifty pounds, for the use of the
county 1 249
4. Ordmaries of Charleston, Georgetown, and Beaufort, may qualify as execu-
tors or administrators, before one or more judges of the court of common pleas,
during term time or vacation, and the judge may grant letters, &c., pro-
vided the said ordinaries shall record in their offices the wills, probates and
letters testamentary, in such cases, as is done in other cases 249, 250
5. Court of, established in each district 294
6. The judges of, to be elected by joint ballot of the Legislature, and to have the
usual powers 294
7. May summon witnesses 294
8. The sheriff bound to execute their process or other precept 295
9. Persons neglecting to obey their summons may be punished by that court, as
in similar cases, the district court may 295
10. Appeal allowed from the ordinaries to the circuit court, the judge to try ques-
tions of law, and the jury matters of fact 295
11. May qualify before any two justices of the quorum of his district 298
12. An Act to remedy the defects of the court of ordinary, in the several districts
where there are no county courts, as to the matters in which the ordinaries of
those districts may be interested, passed 7th March, 1789, extended to the whole
State 314
ORPHANS,
1. The president and majority of the county court, full power to take orders
concernmg orphans estates 172
2. To make guardians account, &c 172
3. Mode of proceeding by petition or bill and answer 172
ORPHAN HOUSE, (CHARLESTON.)
1. Commissioners authorized to send one youth annually, to the South Carolina
College 132
2. Boy so selected, to be received at the College, and receive benefits thereof 132
3. Expenses to be defrayed out of annual appropriation 132
658 INDEX.
ORPHAN HOUSE, (CHARLESTON,) ^continued.)
4. Vacancies to be filled 132
5. One hundred and fifty dollars, annually, appropriated for each boy, and not
to continue longer than four years 133
ORPHAN HOUSE STUDENT. See Orphan House.
OVERSEER,
1. No person shall settle or manage any plantation, cow-pen or stock, that shall
be six miles distant from his usual place of abode, and wherein six slaves shall
be employed, without one or more white persons living upon the same, under
the penalty of forty shillings for ea('h month so offending 363
2. Duty as to strange negroes found on the plantation without a ticket 385, 386
3. An overseer or white man, required to reside on every settled plantation
having more than ten workers, under penalty 442
OV^EN-DAW,
1. Bridge to be made over 475
PACOLET RIVER,
1. Penalty for erecting dams and other obstructions to fish, and six months al-
lowed for removing those therein 531
2. Company to open navigation 558
3. Repealed 576
4. Commissioners to open it 577
PARTITION,
1. Writs of, demandable of common right, and need no petition 294
PARTNERS AND PARTNERSHIP,
1. Where one or more co-partners are without the State, and cannot be served
with process, or where there are dormant partners, it shall be sufficient to serve
process upon such of the co-partners as may reside or be found in the State, or
such of the firm as are known 281
PATROL,
1. Their power to enter plantations, and break open negro houses 373
2. Captain of companies appointing the patrol, to give instructions in writing to
each captain of patrol 373
3. All patrols may enter plantations, and break open negro houses or other
places where negroes are suspected to keep arms; and the commanding officer
that appoints the patrols shall instruct, in writing, the commander that rides,
respecting his duty to search and carry away arms, to apprehend and punish
runaways and other slaves found absent from their masters's plantation without
a ticket ; and also to correct, by moderate whipping, any slave who shall affront
or abuse them in the execution of their office; and having reason to suspect
any slave of stealing or other criminal offence, to take up and carry him to the
next magistrate, the master excepted, to be dealt with according to law. AH
arms found in the possession of slaves, unless licensed or quaUfied, shall be for-
feited to the patrol, and equally divided amongst them 373
4. Their duty in case of runaways assembled together 420
5. May disperse unlawful assemblies of slaves and free negroes, and apprehend
the offenders 440
6. What to do with them in Charleston, and what in the country 441
7. Fine for not performing patrol duty 441
8. Persons dispersing such unlawful assemblies protected, and if sued treble
costs allowed 441, 442
9. Fine on militia officer for not making out lists of patrol detachments 442
PAVE3IENTS. See Side Walks.
PEE DEE,
1. Big and Little Pee Dee's navigation to be improved 531, 532, 538, 561
2. Commissioners, and amount appropriated 578
3. Commissioners to report on Little Pee Dee 579
4. Improvements to be made on Big Pee Dee 584, 585, 586
PENALTIES. See Fines, Penalties and Forfeitures.
1. For neglecting to clear lots in Charleston, and how disposed of 2
PENDLETON,
1. County laid out and established • •• -252
INDEX. 659
PETITION,
1. When and how to proceed by petition, in the court of chancery 259
2. No master or commissioner to receive more than ten dollars for all duties upon
any petition, unless an actual sale of property is made in consequence thereof,
when the usual commissions on sales may be charged 324
PETTIAUGER,
1. Felony to steal or carry away one entrusted to his care 426
PEWS,
1. In St. Michael's Church, regulations respecting 82
PINCKNEY-STREET,
1. In Charleston, extended to Meeting-street 136
2. Compensation allowed to persons injured 136
3. Opening, how to be paid for 137
PINE TREE CREEK,
I. To be opened for navigation 565
PLANTATION,
1. No person shall settle or manage any plantation, cow-pen or stock, that shall
be six miles distant from his usual place o{ abode, and wherein six slaves shall
be employed, without one or more white persons living upon the same, under
the penalty of forty shillings for each month so offending 363
2. Having 10 negroes on it, must have tome white man, living on it, under pen-
alty 381
3. No slave to leave a plantation without a ticket, (under certain exceptions,). . . .385
4. Penalty for having ten taxable slaves on a plantation, without a white person
residing on it 393
5. Penalty for keeping any slaves on a plantation without a white person resi-
ding thereon 413
PLANTER'S BOOKS. See Evidence.
PLATFORM,
1. In Charleston, to be re-built 28
PLEA. See Pleading, and Practice in Chancery.
PLEADING,
1. In county courts 169, 180
2. Cause of demurrer must be set forth, whether for form or -substance, and
some other shall be admitted 188
3. No bill or declaration shall be filed or received in the court of common pleas,
or any other common law court of record, within the Province, until the day
the writ or process, shall be made returnable 190
4. In the county courts 216
5. When declaration to be filed 216
6. What to set forth 216
7. No incipitur in lieu thereof. 216
8. Plaintiff failing to file his declaration and prosecute, to be non-suited 216
9. Costs on non-suit 217
10. Defendant to appear by himself or attorney 217
11. Must be in writing, and may contain as many matters in defence, as he
thinks necessary 217
12. No demurrer to be received, unless in the opinion of the court, the declaration
plainly sets out the cause of action, or that the matter is not actionable .217
13. Evasive plea not allowed, and on failure to put in a good plea, judgment as in
cases of nihil dicit 217
14. Pleas in abatement, except as to matter appearing on record, to be sworn to 217
15. Frivolous or dilatory pleas to be suppressed, and the defendant to plead sub-
stantially, instanter 217
16. How to be joined the same day 217
17. To be tried the next succeeding court by jury, as in circuit court 217
18. New trial, how to be granted 217
19. Cases, how continued 217
20. In the circuit courts, the plaintiff must file his declaration, during the sitting
660 INDEX,
PLEADING, (continued.)
of the court next after the writ is returnable, or at any time after, until the next
succeeding court 263
21. Shall take judgment by default, unless an appearance has been regularly en-
tered by defendant's attorney, with the clerk, during the sitting of the said
court 263
22. If appearance has been put in, a plea in writing, may be put in with the clerk,
within one month after declaration filed; or judgment taken by default 263
23. In every cause, declaration shall be filed on the first day of the court, and if
not, the defendant may serve the plaintiff, by posting at the court house door,
a rule to file his declaration ; and on failure so to do, within two days, he shall
be non-prossed 267
POISONING,
1. By slave or free person of color and their accessories, how punished 422
2. Not to be punished upon bare evidence of another slave, unless poison be
found on the parties, or the evidence otherwise coroborate 423
3. Punishment for false information 423
4. Penalty for teaching a slave how to poison, and for learning the art 423
PON PON,
1. Cut near it 499
2. From Ashepoo to Pon Pon 525
POOR,
I. Of Saint Michael's and Saint Philip's parishes 83
POOR HOUSE,
1. Established in Charleston 91
2. Fund provided 91
3. How to be used 91
4. What shall be held a settlement 92
PORTAGE,
]. One to be made along Lockhart's Shoals, on Broad River 582
POWDER HOUSE,
1. In Charleston to be erected 30, 65
2. How to be kept in Charleston 69
POWER OF ATTORNEY,
1. To confess judgment in the county court, or to suffer it to pass by default,
and all general releases of error, before action brought, null and void 232
2. If any attorney appear with any sucli power, to pay ten pounds and damages,
at the suit of the party aggrieved 232
PRACTICE. See Process, Abatement.
1. No bill or declaration shall be filed or received in the court of common pleas,
or any other common law court of record, until the day the writ or process shall
be made returnable 190
2. Writs and mesne process in the court of common pleas, how and when to be
made returnable 190
3. How to be served and indorsed 190
4. In the county courts 169, 175, 180, 182, 183, 215, 216, 217
5. All writs to be issue J from, and made returnable to the court of common pleas
in Charleston 200
6. To be directed to the sheriffs 200
7. Clerical mistakes in the county courts, how to he amended 221
8. All process from the circuit courts, to be issued from and signed by (he clerk
of the court, whence issued, under the seal of the court ; and the same may be
served in any district 262
9. Where there are two or more defendants in one action, residing in different
districts, it shall be at the plaintiffs option to try the cause in either district,
where a defendant is served 262
10. All executions to issue from the court where judgment is obtained, and tested
in the name of the chief justice or senior associate judge, and signed by the clerk,
and served by the sheriff of the district, or his deputy, where defendant or his
INDEX. 661
t'RACTICE, (continued.)
property is found 262
11. Writs and executions, when to be returned to the different courts 263
12. In all actions on any hquidated demand, wherein the defendant shall have
suffered an order for judgment to be entered against him, it shall not be necessa-
ry for the plaintiff to prove his demand, or execute a writ of enquiry ; but the
same shall, upon motion of the court, be referred to the clerk to ascertain the
sum actually due ; and judgnicnt shall be entered up accordingly, for the sum
so ascertained ; and the clerk shall be entitled to twenty-five cents for the same ;
provided, always, that nothing herein contained shall deprive the defendant of
the right of setting aside the order for judgment, and making sucli defence as is
now allowable by the rules and practice of the court 308
13. In all cases of summons and petition on liquidated demands, in which the de-
fendant shall make no defence, it shall not be necessary for the plaintiff to prove
his demand ; but on motion to the court, decree shall be entered up, as if the
same had been proved 309
14. In all actions wherein the defendant shall be held to bail by the sheriff serving
the writ or process, the bail so given to the sheriff shall be entitled to all the
rights, privileges and powers of special bail, and may surrender his principal in
discharge of himself, or the principal surrender himself in discharge of his bail,
in same manner, and to the same extent, as special bail are now entitled to ; any
law, usage or custom to the contrary in any wise notwithstanding 309
15. It shall not be necessary hereafter, for any bail to obtain a judge's order for
leave to surrender his principal 309
PRACTICE IN CHANCERY,
1. An answer, plea or demurrer, must be put in within thirty days after appear-
ance day, in the court of chancery, if the time to plead has not been extended
by the chancellor or commissioner, on cause shewn on oath 306'
2. In case the said defendant or defendants shall not file his, her or their plea,
answer or demurrer, within the time limited, as aforesaid, for the same to be
filed, the register or commissioner of the court where the cause may be depend-
ing, shall; at the expiration of the said time, grant an order that the bill shall
be taken pro cotifesso ,• and unless the said order shall be set aside, as herein-
after directed, the court shall make such decree therein, as to the said court
shall appear just and equitable, and issue the process necessary to enforce the
execution, or compel the performance of the said decree 306
3. Whenever an order hhall be granted, that the bill shall be taken pro confesso,
the court may, on appUcation of the defendant or defendants, set aside the same,
on such terms as the said court may prescribe ^ 306"
4. Whenever there shall be granted an order that the bill shall be taken ^ro
confesso, on application of the complainant, or his solicitor, stating that the
answer of the defendant or defendants is necessary to enable the court to pro-
nounce their final decree, the commissioner or register shall issue an attach-
ment against the said defendant or defendants, to compel such answer, in the
usual form; and no previous rule, requiring the said defendant or defendants
to shew cause why such attachment should not issue, shall be necessary 306
5. The master of the court of equity shall, in all cases arising or pending within
the equity district of Charleston, have the same power and authority as a judge
at chambers, to grant orders for writs of 7ie exeat and attachment, in all cases of
practice ; and the commissioners in equity, in the several other districts, shall,
in all cases arising or pending within their respective districts, have power to
issue writs of ne exeat and attachment, in all hke cases, without any previous
order, upon such evidence, and under such circumstances, as would authorize a
judge at chambers to make orders therefor 306
6. The court may continue a cause longer than three years, by consent of the
parties, or on good cause shewn, in any case where there has been pronounced
any decreetal order, within three years from the filing of the bill 310
PRECINCT COURTS. See Courts, {Supreme General Courts.)
PRESBYTERIAN CHURCH, (SECOND.)
1. Allowed to raise a sum of money to build a church, by lottery 127
VOL. VII.— 84.
662 INDEX.
PRISONER,
1. Mode of retaking a prisoner, if he escapes from a county prison 225
2. After the prisoner has been in goal 20 days, the sheriff may require security
of the plaintiff for his maintenance, or discharge the prisoner 226
3. Acquitted or discharged for want of prosecution, fj^eed from all costs 265
4. Of the city court of Charleston, to be committed to the Charleston goal 320
5. Tried or to be tried by the city court of Charleston, to be confined in the
Charleston goal , 320
6. The sheriff or goaler shall give an account, in writing, at every sessions »vith-
iii this Province, as often as the same shall be held, of what negroes he has in
prison, with their marks and names, and the time they have been in his custo-
dy, and as near as he can learn, how long each has been from his respective
owners on penalty of fifty pounds for every default 346
PRIVILEGE,
1. Persons necessarily going to or coming from the supreme or district courts,
free from arrests in civil cases 203
PROBATE. See Deeds.
1. Of deeds in county courts 232, 233
2. Of livery of seizen in county courts 251
PROCESS. See Executors and Admbmtmtors. County Courts. Attachment.
1. All process of subpoena for witnesses in cases civil or criminal, from the su-
preme court of Charleston, or the county courts, attachments for contempt, and
other compulsory process to enforce obedience to any interlocutory order, judg-
ment ordecree, shall run and be issued into all the counties and precincts of
the State 175
2. All writs of replevin on bail bonds, or bonds on writs of replevin, scire facias,
capias pro fine, and all other writs, where the cause was originally pending in
the county courts, shall run over the whole Province, and be returnable to such
county court whence issued ; and the courts of Charleston to have,the same
power 182, 183
3. All writs and process in the supreme court to be returnable before the justices. 185
4. Sheriff interested, coroner to officiate 215
5. No process from the county court, except for larceny, sedition, felony, not, or
breach of the peace, on behalf of the State, oi upon escape out of prison or
custody, to be served on Sunday. 225
6. Forms of process in the county courts 235
7. All judicial process, (executions excepted,) shall and may be issued from any
of the circuit courts, and be tested by the clerks where issued, and may be
served in any district 254
8. All executions shall issue from the district in which judgment is obtained,
and served by the sheriff of the district where the defendant is found or resides. 254
9. All judicial process from the circuit courts to be tested in the name of the
' chief justice, or if none, in that of the senior associate judge 262
10. All process from the circuit courts to be issued from and signed by the clerk of
the court whence issued, under the seal of the court, and the same may be
served in any district 262
11. Where there are two or more defendants in one action, residing in different
districts, it shall be at the plaintiff's option to try the cause in either district
where a defendant is served 262
12. All executions to issue from the court where judgment is obtained, and tested
in the name of the chief justice, or senior associate judge, and signed by the
clerk, and served by the sheriff of the district, or deputy, where defendant or
his property is found 262
13. Writs and executions, when and how, returnable 263
14. All process or pleadings by attornies or solicitors not residing in the State,
void 280
15. Where rules or process cannot be served on persons, on account of absence
from the State, it is sufficient to post rules or process upon the court bouse door
of the district in which such absent person had their last residence 280
J6. Where one or more co-partners are without the State, and cannot be served
with processs, or where there are dormant partners, it shall be sufficient to
INDEX. 663
PROCESS, (continued.)
serve process upon such of the co-partners as maji reside or be found in the
State, or on such of the firm as are known 281
17. All process lodged for service, and actually served, or copies left at the defen-
dant's place of abode, for the circuit courts, after the time prescribed by law for
the return of process, shall not, by reason thereof, be void ; but shall be good for
the second court thereafter, in the same'manner as though they had been
served or executed twenty days next before the sitting of the said second
court 281
18. All judicial process pending in the different law courts of the State, transfer-
red to the new circuit courts, 1st January, 1800, there to be continued and have
day 293
19. Process to be tested in the name of the senior associate judge, signed by the
clerk of the court, under seal of the court, and made returnable to the court
where issued, and may be served in any district 293
20. Where there are two or more defendants residing in different districts, the
cause may be tried at plaintiff's option in either 293
21. Hovr executions are to be issued and served after 1st January, 1800 294
22. Process issued after 1st January, 1800, returnable to the next court, to bear
test from 1st January, 1800 294
23. Writs of attachment, summonses in dower, or in partition, demandable in the
district court 294
34, Ordinary may summons persons 294
25. Sheriff to execute all summonses and other precepts from the ordinary 295
26. Penalty on any one's disobeying ordinary's summonses 295
27. How executions lo issue 294
28. How to be returned 296
29. All writs and processes, issued after the first day of April next, from the courts
of sessions and common pleas, shall be tested on any day previous to the day on
which they are made returnable, in the name of any of the clerks of the court
of sessions and common pleas who signs them 330
PROHIBITION,
1. The judges of the court of general sessions and common pleas to have power,
at their chambers, to grant writs of prohibition and mandamus, and of quo war-
ranto^ and to hear and determine motions to set aside or stay executions, in the
same manner, in every respect, as if the court were actually .sitting ; any law,
usage or custom to the contrary notwithstanding ; and the parties, respectively,
have the same right of appeal to the constitutional court of appeals, as if the
decision were made in open court 321
PROMISSORY NOTES, i^ee Bills of Exchange, ^c.
PROVINCIAL LIBRARY. See Library.
PUBLIC LANDING,
1. At the battery, in Charleston, reserved 28
PUBLIC OFFICERS,
1. The Act lo prevent certain persons holding certain offices of emolument from
leaving the State without permission of the Governor, repealed, so far as lo the
permission, and such officers allowed to leave the State, without prejudice to
the public interest, without permission, for a time not exceeding 30 days ; for a
longer time, leave is required from the Governor, who may grant leave of ab-
sence for such reasonable time as may be consistent with the public good, on
account of .sickness, or any other proper cause 276
PUBLIC SERVICE. See Compensation.
PUNCH HOUSE,
1. Penalty for keeping without a license 172
QUEEN-STREET,
1. In Charleston, laid out and changed from Dock-street 74
QUO WARRANTO,
1. The judges of the court of general sessions and common pleas have power, at
their chambers, to grant writs of prohibition and mandamus, and of qico war-
ranto, and to hear and determine motions lo set aside or stay executions, in the
.664 INDEX.
QUO WARRANTO, (continued.)
same manner, in every respect, as if the court were actually sitting ; any law,
usage, or custom to the contrary notwithstanding ; and the parties, respective-
ly, have the same right of appeal to the constitutional court of appeals, as if the
decision were made in open court 321
REBELLION. See Insurrection.
1. At Stono, and Act of indemnity for suppressing it 416, 417
JSECEIVERS,
1. Whenever the master or commissioner m equity shall be appointed a receiver
by the court of equity, and shall accept such appointment, he shall, before he en-
ters upon the duties of such office, duly execute a bond to the judges of the
court of equity, with two or more good and sufficient sureties, to be approved
of by the court making the order, in a sura equal to twice the value of the es-
tate and effects intrusled to him, conditioned for the faithful performance of his
duty as receiver ; which bond shall be kept among the records of the court of
equity, and also recorded by the register, in a book kept for that purpose, in
every court; and a copy of the bend, certified by the register, shall be deliver-
ed by him, on demand, to every parly in interest in said funds, and such party
is authorized to institute a suit at law on such certified copy, either in his own
name or in the name of the judges of the court of equity, whenever he may be
aggrieved by any act or neglect of the receiver 323
3. Every receiver hereafter appointed by the court, shall be entitled to receive
and retain, for his trouble as receiver, in preserving and managing all property
whatsoever committed to him, and in receiving, investing, and paying over all
monies, bonds, notes, accounts, and choses in action, and for all other duties
s whatsoever, as receiver, the sum of two per centum upon the amount he may
receive in money, from the collection of the bonds, notes, accounts, and choses
in action, and one per centum on the good and valuable choses in action, uncol-
lected by him, and the same on the real value of every other kind of property
preserved and managed by him, and no more , 323
3. Should any such receiver be ordered by the court to invest the funds in his
hands, and the accumulation of the interest thereof, when received by him, in
stock or other funds yielding interest, as fast as recieved, and he should neglect
to do so, he and his sureties shall be chargeable with compound interest on all
such sums, to be calculated at half yearly periods from the time such sums were
so received 323
4. Every master or commissioner in equity, or register acting as such, shall keep
a book, in which he shall open and keep a regular account with every individu-
al or estate, on whose account he has or shall receive any monies, bonds, notes,
stock, choses in action, or other property, of any description whatsoever, by
virtue of his office, or of his appointment as receiver, or of any order or decree
of the court ; in which account he shall duly enter and regularly credit to the
parties interested, or the estate, as the case may be, every thing so received by
him, on their account, and debit all payments on account of any charges against
the said parties or estate ; and this book shall be exhibited, on demand, to any
person interested in the same, who may take copies of any account therein,
and require the master or commissioner to certify the same, whose fee for the
same shall be one dollar; and at the expiration of the officer's term of office,
or his death, or resignation, or di.«missal, the book shall be deposited and kept
among the records of the court of equity 323
^ 5. Whenever any master or commissioner in equity shall be ordered or decreed
by the court to lodge in bank, or invest anj"^ monies in bonds, notes, stock, or in
any property whatsoever, for or on behalf of any person or estate, he shall
lodge, deposit or invest the same, not in his private name, but in his official
name, as master, or commissioner, or register, or receiver, as the case may be,
in trust for the said person or estate ; and shall exhibit his bank-book of such
entries, when required by any of the parties interested therein 324
RECORDS,
1. Foreign or domestic, how proved 176
2. Of each county court, to be removed to the district court to which the county
belongs • 298
INDEX. G65
RECORDER OF CHARLESTON,
1. Excused from serving on juries .111
2. To hold inferior city court of Charleston. His compensation; commission
during good behaviour 301
3. Not to plead in a superior court, in any cause which has been argued before
or adjudged by him 303
4. Of Charleston, to have the same powers in the discharge of his duties, as the
circuit judge has 319
5. To have the same powers as a judge of the circuit court 319
REFERENCE TO THE CLERK,
1. In all actions on any liquidated demand, wherein the defendant shall have
suffered an order forjudgraent to be entered against him, it shall not be necessa-
ry for the plaintiff to prove his demand, or execute a writ of enquiry ; but the
same shall, upon motion of the court, be referred to the clerk, to ascertain the
sum actually due, and judgment shall be entered up accordingly, for the sum so
ascertained ; and the clerk shall be entitled to receive twenty-five cents for the
same; provided, always, that nothing herein contained shall deprive the defen-
dant of the right of setting aside the order for judgment, and making such de-
fence as is now allowable by the rules and practice of the court 308
REGISTER AND COMMISSIONER IN EQUITY,
1. Shall be appointed by the Governor's council, for good behaviour 209
2. Sheriff to execute all process 209
3. Their fees 307
4. Penalty for taking unlawful fees 307
5. All registers and commissioners in equity who are, or shall hereafter be, ap-
pointed, shall, respectively, execute a bond, with good and sufficient surities,
to the State of South Carolina, in the sum of twenty-thousand dollars, for the
faithful performance of the duties of the-r respective offices of registers and
commissioners in equity ; and such bonds shall be taken in the several districts
throughout this State, by the commissioners appointed to take bonds and secu-
rities from the sheriffs of the several districts of this State ; which bonds shall
be transmitted and deposited as heretofore directed bylaw 315
6. On resignation, expiration of or dismissal from office, shall deliver over to his
successor, in 20 days, all the papers and documents of his office, with all mo-
nies, bonds, notes, certificates of stock, or other property received or held by
him ; and his representative, in case of his death, shall do the same within such
time as the court may direct 324
7. No register, master or commissioner shall receive more than ten dollars for all
, his duties connected with the appointment of a guardian, and the like sum and
no more for all his duties upon any petition, unless an actual sale of property
is made 324
8. For any violation or neglect of duly, the party aggrived may sue on his bond . 324
9. May be appointed by a chancellor, during the sitting of the court, where the
incumbent is unable to discharge his duties 329
REGISTER OF MESNE CONVEYANCES,
1. Clerks of each district to be registers 296
REGISTRY. See Deeds. Conveyances. Dower. Marriage Settlements. Livery and Seizen.
RETAILERS. See Tavern Keepers.
1. City council of Charleston authorized to grant or refuse licenses to retail
grocers.
142
2. City council may pass ordinance imposing penalties on retailers of spirituous
liquors, selling without a license within the corporate limits, and to recover the
same.....' 142,143
3. License to retail, to be granted by the commissioners of the roads 299
4. License for retailing liquor may be granted by the county court, at any of its
sittings 268
RETURN-DAY. See Process, Execution.
RICE.
1. Taxes of the State allowed to be paid in 71
666 INDEX.
RIVERS, CREEKS AND DRAINS.
1. Water passage to be cut through the Hallover 475
2. Commissioners, and their powers and duties 475
3. Who to labor on it 476
4. Commissioners to make a cut for transporting goods from Christ Church to
Charleston. Their powers and duties 477
5. Bridge over Owen Daw 478
6. Commissioners to open a creek from Black River, to Captain Moore's planta-
tion in Saint James Goose Creek 479
7. Biggon Creek to be made navigable, and who to work on it 481
8. Commissioners appointed to render the head of Ashley River navigable 482
9. Their powers and duties 483
10. When and where to meet 483
11. Who liable to work 483
12. Penalty on persons obstructing the passage. Certain persons assessed 484
13. Road to be made 485
14. Vacancies, how to beHlle^ 485
15. The general issue may be pleaded under this Act 485
16. This is a public Act 486
17. Watt's Cut, New Cut, and Wappoo Cut, made navigable 486
18. Passage not to be obstructed by boats 486
19. Regulations of the passage 487
20. Penally on Commissioners forneglect of duty , 487
21. Fines and forfeitures, how collected. 487
22. Cut from Winyaw 488
23. Hallover and Newtown Cuts 488
24. Commissioners appointed to make navigable Black River 489
25. Their powers 490
26. Who liable to do the work 490
27. Penalty for obstructing the passage 491
28. Vacancies, how to be filled 491
29. The general issue may be pleaded under this Act 491
30. This a public Act 491
31. Cuts and drains on Stono River 492
32. Commissioners and their powers 492
33. Assessments to be made 493
34. Penalty for obstructing 495
35. Creeks, cuts and water passages, heretofore ordered to be opened, may be
done by the commissioners at the equal expense of the inhabitants and oviners
of lands and slaves already irade liable to work 497
36. May contract with persons for executing the works, and assess those made
liable 497
37. Depths of the cuts and water passages 497
38. New cut and Watt's cut, who liable to work on 498
39. Each inhabitant hable to work on any cut or drain, to return the number of his
slaves liable to work, viz : — between 16 and 60 498
40. Time allowed for the work 498
41. Wappoo, to be cut 25 feet 499
42. Cut through marsh into Watt's cut, near Pon Pon 499
43. Horse Shoe Creek made navigable 499
44. Who hable to work on it 499, 500
45. Commissioners may contract for the work, and assess the inhabitants 500
46. Certain plantations partially exempt 500
47. Commissioners shall have powers of commissioners of high roads 500
43. Commissioners for Watt's cut 501
49. Commissioners for Wappoo Creek. 501
50. Commissioners for New Cut, Watt's Cut, and Wappoo Creek 501, 502
51. Who to work on New cut 501
52. Who to work on Watt's cut 502
53. Who to work on Wappoo creek 502
1
INDEX. 667
RIVERS, CREEKS AND DRAINS, (continued.)
54. Powers and liabilities of the commissioners... . , 502
55. Bridge over Wappoo to be raised higher ..502
56. Vacancies, how filled 502
57. Public Act 5133
58. Black River to be made navigable from Williamsburgh line to the Treadaway,
as far as the Narrows 503
59. Who liable to work 503
60. Commissioners 5q3
61. Wateree River to be made navigable 504
62. Who to be assessed , 5Q5
63. Commissioners , 5q4
64. Commissioners to lay out and make a road frpm the Catawba nation to Beard's
Ferry on Santee. and from thence to the road leading from the Congrees to
Charleston 505
65. The Act for cutting drains in the north-west branches of Stono, repealed,
and the commissioners authorized to cut other passages into the said river;
and also, in the swamp called Basfbrd's, in Saint Bartholomews 506
66. An Act defining what district of inhabitants are to keep in repair the cut call-
ed the Hallover 509 510
67. Who are to repair Watt's cut 509
68. Head of Ashepoo River to be made navigable 510
69. Chechessey creek to be opened 510
70. Commissioners for Horse Shoe creek 512
71. This a public Act 512
72. Drains to be kept open from upper end of Spoon Savannah, and that leading
to Ferguson's Ferry 513
73. Cawcaw Swamp to be drained 5I3
74. Road to be laid out from the Purysburgh road, to that leading to Jeny's land-
ing 514
75. Another Road to be cut to Paul Porcher's plantation, on Savannah river 515
76. Drains to be sunk in the Cypress Swamp, from Bacon's Bridge 516
77. Who to be assessed 5I6
78. Edisto River to be made navigable .- 519
79. Commissioners and their powers 5ig
80. Commissioners to open and enlarge the communication between Ashley
and Stono rivers, and clearing and deepening New Cut 521
81. Tolls to be taken thereon 521
82. Tulifiny Creek to be made navigable 523
83. Lynch and Clarke's creek to be made navigiible 523
84. Waccamaw river to be cleared and made navigable ,.. 524
85. Passage to be cut from Ashepoo to Pon Pon, and out of Chehaw river to Ashe-
Poo 525
86. Who to work on Waccawaw river 527
87. Further drains through swamps of the north-east branch of Stono 528
88. Broad, Saluda, Pacolate, Tyger and Enoree rivers, and Stephen's Creek, not
to be obstructed by dams or otherwise, so as to prevent fish passing, under pen-
alty; to be collected before two justices of the peace 53I
89. All obstructions now existing to be removed in six months 531
90. Commissioners to clear Wall's cut 532
91. Commissioners for Edisto and its north fork ; also, lor the Wateree, Pee Dee,
and Little Pee Dee 53 j 532
92. Tolls on the Edisto 533
93. The South Fork not to be made navigable for 12 years 533
94. Drains and water passages to be sunk in Cawcaw Swamp 533
95. At whose expense 534
96. Black River's navigation to be improved ; 535
97. Drains to be sunk from Long Savannah, Wampee Savannah, and Jack Savan-
nah.
.536
98. Who to work on Cawcaw Swamp 537
668 INDEX.
RIVERS, CREEKS AND DRAINS, (continued.)
99. Edisto, Wateree, Great and Little Pee Dee, Broad and Saltcatcher riverS, to
be further improved 538
100. Tobacco ware-house, to be erected on Edisto 539
101. Drowning Creek to be cleared 539
102. Canal to be contracted for, from the waters of Cooper River to those of San-
tee 540
103. A company estabhshed for that purpose 541, 54*3
104. Navigation of Goose Creek to be improved, and drains in its vicinity made .543, 544
105. A company established for clearing and improving the navigation of Edisto
and Ashley rivers ; and tor making a canal between Edisto and Ashley 545
106. Commissioners to open Chechessey Creek 548
107. Company for the opening the navigation of the Catawba and Wateree rivers. 549
108. Company free from taxes; punishments for injiuing their works; all lands
within two miles ungranted, vested in them; may import slaves into the State,
and alloweti 5 years credit for duties ; may acquire and sell any kind of property,
real or personal 550
109. Drains in the swamps formed by Wannel's or Cuckold's Creek, branch of
Combahee river 551
110. Commissioners appointed to improve Lynch's, Clarke's and Black creeks 554
111. Commissioners for opening Wall's cut 556
112. Navigation of Stave-landing Creek to be opened , 557
113. Catawba Company allowed to cut a canal from this creek, to the Charleston
road leading to Camden 557
1 14. Company authorized to open the navigation of Broad and Pacolet rivers 558
115. Navigation of Black Mingo Creek to be improved 560
116. Navigation of Great Pee Dee, Wateree, Congaree, Broad, Savannah, Keo-
wee, Tugaloo and Black rivers, and of Lynch's. Black, Jeffries's and Catfish
creeks, to be improved 561
117. Commissioners and their powers for such objects 561
lis. Pine Tree Creek to be opened 565
119. Obstructions to be removed from Horse Shoe Creek, on Ashepoo. 566
120. And to be cut up Round O Swamp, and Lowder's Lake opened 566
121. Obstructions in the Savannah between Vienna and Campbelton, and Augusta,
to be removed ; and a lottery allowed for that purpose 569
122. Drains and water passages in Cacaw Swamp, (St. Paul's, 5 to be kept in
repair.
570
123. Who liable to keep in repair the canal up Round O Swamp 574
124. Powers of the commissioners 575
125. A canal to be cut by public subscription from Rogers's Lake, to the Pee Dee
River 575
126. The Act for establishing a company for opening the navigation of Broad and
Pacolet rivers, repealed 576
127. Commissioners to open those rivers 577
128. Commissioners to open the navigation of Broad and Saluda Rivers ; and
amount appropriated 577, 578
129. Commissioners appointed to open the Savannah, and amount appropriated. . . .578
130. Commissioners to open Big Pee Dee, and amount appropriated 578
131. Commissioners to make returns, and not to be contractors 578
132. Commissioners for Tiger river, to report on the state of the navigation 579
133. Appropriation to cut a canal across North Island, from Winyaw Bay to the
ocean 579
134. Commissioners to report on Waccamaw 579
135. Commissioners to examine and report on Wassmasaw and Cypress Swamp. . .579
136. Commissioners to examine and report on Little Pee Dee and Saltcatcher
rivers ■ 579
137. A company established for the inland navigaton from Sampit into Santee,
and from Santee into Cooper or Wando river 580
138. Commissioners to make a portage around Lockheart's shoals, on Broad river. .582
139. Navigation of Black river to be improved and extended 583
INDEX. 669
RIVERS, CREEKS AND DRAINS, (continued.)
140. Commissioners to improve the n ivigation of the Great Pee Dee 584
141. Their powers 585, 586
142. All former Acts relating to the navigation of Pee Dee, repealed 586
143. Drains to be cut in the swamps on the north-east branch of Stono 587
144. The Act of 16th December, 1815, to improve the navigation of Bluck river,
suspended for one year, so far as concerns the navigation above Lowry's ferry.. 538
ROADS,
1. Justices of the county courts, empowered to lay out, alter, repair, amend and
keep in repair, all such roads as they shall think proper and convenient to be
made, mended and repaired, leading to and iVom the county courts, and to ap-
point such persons' slaves to work on them, as are living within their respective
jurisdictions, when, where, and as often as they shall think needful, or to assess
and levy all such sums on the inhabitants within their jurisdiction, which they
shall agree to pay to any person who shall undertake the doing thereof; and
are vested with all the powers of commissioners of high-roads, so far as to
enable the justices to cause the roads leading to the said courts, to be made,
mended and repaired 183
2. The county courts vested with the jurisdiction of commissioners of the
roads, &c 237
3. Road from near the Catawba nation, on the 6ast side of the Wateree to
Beard's ferry, on the Santee, and thence to the Congaree road to Charleston 505
4. From the Purysburgh road to that leading to Jenyn's landing to be laid out,
called the landing road 514, 515
5. Another voad to be cut to Paul Porcher's plantation, on Savannah river 515
ROBBERY,
1. Slave may be killed if found robbing, and attempts to escape, resists or refuses
to submit 394
ROUND O SWAMP,
1. Canal to be cut up it 566, 574
RULES,
1. Where rules and process cannot be served on any one, on account of absence
from the State, it is sufficient to post the rule or process on the door of the
court-house of the district where the absent person last had his residence 280
RULES IN CHANCERY,
1. To be made by the Chancellors 259'
RUNAWAYS,
1. No person except the sheriff or gaoler, shall keep any runaway slave above
four days, nor shall sheriff or gaoler, or any other, employ any of them, or
suffer them in custody to want convenient food and water, on penalty of forty
pounds for every such offence ; and if any person shall suffer any slave to die
in his custody, for want of food or water, or dry and convenient lodgings, the
sheriff, gaoler, or any other person, in whose custody the negro was, shall pay
the owner forty pounds ; to be recovered by action of debt in any court of
record in this province, or be liable to an action of Sebt for the same 344, 379
2. Whoever shall take up any runaway slave, shall bring the runaway to his
owners, if they be known, and receive for his pains, eight pence per mile for
the first five miles, and six pence per mile for every mile more ; provided, it ex-
ceed not seventy shillings in the whole ; if the owners be not known, then to the
sheriff or gaoler, upon pain or forfeiture for every day he shall keep such slave
beyond the said four days, in the sum of tvfenty pounds, on conviction: to be
levied by the sheriff or gaoler, or his lawful deputy, upon the goods and chat-
tels of the person so neglecting to bring the runaway 344 373
3. No person shall receive payment for taking up any slave, till he gives an ac-
count to the sheriff or gaoler of his own name and place of abode, with the
time and place, when and where taken up, with an account of the rrarks most
distinguishing, and name ; which account of all such slaves coming into his cus-
tody, the sheriff or gaoler shall cause to be fairly written and affixed upon a
public place in the gaol, on the penalty of fifty pounds, and shall enter it into a
book ; and also, to take a receipt from the person to whom he delivers any
VOL. VII— 85.
670 * INDEX.
RUNAWAYS, (continued.)
runaways, with the name and place of ahode of the person to whom delivered ;
and in case the sheriff or gaoler refuse to make payment for the taking up any
runaway slave, and oath thereof be made before any justice of t'le peace, the
justice is authorized to direct his warrant to any constable, to cause the value
thereof to be immediately levied upon the goods of the sheriff or goaler, and
the goods to be sold by public outcry, and satisfaction to be made to the com-
plainant, returning the overplus to the sheriff or gaoler 344, 373
4. It shall be lawlul for the sheriff or gaoler to keep in ciistody all such runa-
ways, till the ownors or their assign.s shall pay him the full sum of what he so
pays for them, with two shillings in the pound for laying out the money, and so
proportionabiy for a greater or lesser sum ; and also, six pence for every twen-
ty-four hours the slave has been in his custody '. ..344, 379
5. If the sheriff or gaoler sliall willingly or negligently suffer any slave to escape,
or be employed, or by any means to be out of his custody, before he be duly
delivered to the owner or his assigns, then the sheriff or gaoler shall forfet to
the owner, thirty pounds for every slave so escaping, employed, or being out
of his custody 344,379
6. If any slave shall take up a runaway, he shall have the whole benefit thereof;
and if any one shall deprive a slave of the same benefit and not lay the same
out in chattels or otherwise, at the discretion of the owner, he shall forfeit
treble the value 345
7. Every captain of a company, is empowered and required, on notice to him
given, of the haunt, residence, or hiding place of any runaway slave, to raise a
convenient party of men, not exceeding twenty, and with them to pursue and
take the said runaway, either alive or dead ; and any officer neglecting his
duty herein, shall forfeit the sum of twenty pounds , 346
8. Their reward for taking runaways six months gone 379, 380
9. If any slave, by punishment from the owner for running away or other of-
fence, shall suffer in life or limb, no person shall be liable to the law for the
same 346
10. For the security of such as .shall endeavor to take a runaway, or shall exam-
ine a slave for his ticket, it is lawful for any white person to beat, maim or
assault, and if the slave cannoi otherwise be taken, to kill him who shall refuse
to shew his ticket, or by running away or resistance, endeavor to avoid being
taken 353
11. If any white person shall directly or indirectly tempt any slave to leave his
master's service, with a design to carry him off from this Province, such person
shall forfeit to the master, the sura of twenty-five pounds ; or in case there be
more than two slaves thus tempted, the sum of ten pounds for each; the for-
feitures to be sued for by action of debt, at any time within six months after the
offence committed 357
12. If any person shall so tempt an'd practice with negroes, and convey them
away from this Province, or be arrested in the act of conveying them away,
and shall, at the court of general sessions, assize or general gaol delivery, be
convicted of the same, such offence shall be felony without benefit of clergy ;
and he shall suffer death accordingly 357
13. If any slave shall run from his owner, with intent to leave the Province, in
order to deprive his owner of his service, such slave, being declared guilty by
two justices and three freeholders, shall suffer death 357
14. Any negro or slave guilty of enticing another to run from his master's service
in order to leave the Province, shall, being convicted of the same, be severely
whipped, not exceeding forty lashes, and shall be branded in the forehead with
a hot iron • 357
15. If any slave shall so practice with another, and actually convey away or send
him off from the Province, or be arrested in the act of so doing, being found
guilty of the fact, shall suffer death ; and the slave so consenting to his entice-
ment, shall suffer death or other punishment as shall be judged fitting by the
two justices and three freeholders giving sentence against him 358
16. It is lawful for the marshal or gaoler to detain all runaway slaves, until their
owner or his assigns, shall pay him the full sum paid for them, with one shilling in
INDEX. 671
RUNAWAYS, (continued.)
the pound for laying out the money, and also one ryal for every twenty-four
hours the slave has been in custody ; and if he shall willingly or negligently
suffer any slave to escape, before being duly delivered to the owner or his
assigns, vviih a receipt of the person to whom delivered, wherein shall be in-
serted the marks or description of the slave, he shall forfeit lo the owner ten
pounds, and the full value of the slave so escaping ; the same to be apprais-
ed by any three freeholders, and to be recovered by action of debt, in the court
of common pleas, brought within six months after such escape. But upon re-
covery thus obtained, and judgment satisfied and paid, the owner of such slave
shall assign unto the .marshal, all his title and interest therein 361
17. No person except the marshal or gaoler, shall keep any runaway above ten
days; nor siiall the marshal or gaoler employ any slave in his custody, nor
suffer him to want sufficient food and water, on the penalty of five pounds for
each offence 362
18. If any mar.shal or gaoler, or other person having a slave in his custody, shall
suffer him to die for want of food or water, or dry and convenient lodging, he
shall pay to the owner the full value at which such slave shall be appraised by
any three freeholders required tu appraise the same by order of the Governoft
or any two justices of the peace 362
19. The marshal or gaoler shall give an account in writing, at every general
sessions, of what slaves he has in prison, with their marks, names, sex, time
they have been in his custody, and as near as he can learn, how long each has
been from his respective owner, on penalty of ihirty pounds for every neglect. ..362
20. Every Indian or slave wUo shall take up a runaway and deliver him to his
owner, if known, or if not known, then to the marshal, shall have twenty shil-
lings given him by the owner or marshal 362
21. If any slave shall harbor, entertain, or give victuals to any runaway, knowing
him to be such, upon complaint to any justice of the peace, he shall, by order
of the justice, be severely whipped, not exceeding forty lashes 362
22. Punishment for a slave's running away, may be inflicted by any justice of
peace 359
23. What punishment to be inflicted 359, 360
24. Compensation for taking up runaway slave 361
25. Gaoler to give receipt for slave delivered to him, and pay ten shillings 361
26. If he does not, proceedings against him 361
27. Commanders of companies to apprehend them 362
28. Compensation allowed a person disabled in taking a runaway slave 362
29. In taking a runaway, if he be injured by resistance, party justified 372
30. If any slave siiall harbor or give victuals to any runaway, knowing him to be
such, upon complaint made to any justice of the peace, he shall be severely
whipped, not exceeding forty lashes 380
31. Commanders of companies, when bound to pursue and apprehend them ; and
entitled to what reward 380
32. Person wounded, maimed or disabled, in attempting to take a runaway, how
compe nsated 380
33. Punishment of a slave for running away, intent to leave the Province 390
34. Punishment of a slave enticing another to run away .390
35. Reward for taking up runaway 391
36. When to be delivered to the owner, and when to the gaoler 391
37. Duty of gaoler 391
38. Gaoler not to work runaway, or to let him want reasonable food, under
penalty 392
39. Every field officer and commander of a company, to order out a patrol, on
notice, to pursue and apprehend runaways 392
40. Persons wounded, maimed or disabled, in attempting to apprehend runaways,
how compensfited 392
41. Punishment for a slave harboring a runaway slave 392
42. Taken up, how to be disposed of 405,406
43. Penalty on free negroes and slaves harboring a runaway 407
44. Rewardfor slaves escaped beyond the Savannah 414
672 . INDEX.
RUNAWAYS, (continued.-)
45. How to be paid 4J4
46. When assembled, how to be treated 421
47. Reward for taking up 421
48. Notorious runaway, how to be dealt with 42J
49. Punishment for endeavoring to entice a slave to run away and leave the Pro-
vince, modified 424
50. Reward to persons apprehsnding a runaway who has been gone six months,
and who endeavors to defend himself with arms or weapons 424
PERPETUAL ACTS.
51. What done with him after taken up. Compensation, and mode of obtaining it. .430
52. To be delivered to the gaoler of the district wherein taken up, and not to the
workhouse in Charleston ; and duty of the gaoler to keep and advertise, under
penahy 431
53. Punishment for harboring „ 460
SAILORS,
1. May be taken up at night in Charleston, after the watch is set, if found in
public houses, and kept until morning .24
SAINTjiMICHAEL'S, (PARISH AND CHURCH.)
1. Established 80, 81
2. Appropriation for church 81
3. Pews 81
4. Pews reserved for the Governor and members of the Assembly 81
5. Pews to be leassed 82
6. May be sold for failure to pay rent 82
7. The inhabitants of either parish may bury their dead in the church-yard 83
8. The poor of the parish, how supported 83
9. Representation of the parish to the Assembly 83
10. Commissioners to account 84
11. Parsonage house 84
12. Lot for parsonage to be bought 85
13. Pews to be conveyed in fee ^ 85
14. Parts of former Act repealed 85
SAINT PHILIP'S, (PARISH AND CHURCH.)
1. Authorized to be erected by subscription, in 1709 56
2. Compensation to rector 83
3. Glebe to be leased in lots, and new parsonage-house erected 95
4. Certain lots disposed of. 96
5. General Assembly appropriates to assist in building parsonage-house 96
6. To be repaid 96
7. Disposal of surplus funds 96
8. By-laws of the church confirmed by Act, and how they may be altered 117
9. Corporation may hold property enough to yield an annual income of £1500.. .118
SALARIES,
1. All fines, penalties and forfeitures, recovered in any of the courts of common
law, to be paid into the treasury and appropriated towards paying the salaries
aforesaid, and the deficiency to be made up by the public treasury, annually 203
2. Of Uie judges of the supreme or district courts, when appointed for good be-
haviour by the King, to be, the chief justice, £500; the assistant justices, £300
each, per annum; the attorney-general, £200 ; and the clerk of the common
pleas in Charleston, £300 203
3. Of the chancellors, £500 each, payable quarterly, in lieu of fees 211
SALES. See Taxes and Tax Collectors. Shenff. Mortgage.
SALTCATCHER RIVER,
1. To be made navigable » 539
2. Commissioners to examine and report on 579
SALUDA RIVER,
1. Penalty for erecting obstructions to fish, or not removing them within six
month 531
2. Commissioners to open it and Broad river, and amount appropriated 577, 578
1N[)EX. 673
SATURDAY,
1. Every master, mistress, manager, or overseer of any plantation, or owner of
slaves in this part of the Province, shall not give any Saturday in the afternoon
to any slave, as has been accustomed formerly, upon the penalty of seven shil-
lings for every such default made contrary to the true intent and meaning of
this Act 347
SAVANNAH RIVER,
1. Navigation to be improved 561
2. Obstructions between Vienna and Augusta, and a lottery allowed ....569
3. Commissioners, and amount appropriated 578
SCHOOL,
1. No slave or free person of color to keep a school to teach a slave or free per-
son of color to read or write 468
SCHOONERS,
1. Felony,' without benefit of clergy, to steal or carry away any schooner or
pettiauger entrusted to one's care 426
SCIRE FACIAS,
1. No witness necessary to the service thereof by the sheriff. 297
SEA WALL,
1. To be built in Charleston 16, 28
2. Its height 28
3. Platform to be re-built 28
4. To have gabions 29
5. Line of, altered... 41
SERVANTS,
1. Obstinate and incorrigible, punished by county courts 171
SERVICE,
]. No witness necessary to service, by the sheriff, of a. scire facias 297
SHERIFF AND SHERIFF SALES. See Ciiy Sheriff.
1. Substituted in each district or precinct, in place of provost marshals 201
2. The court of common pleas, every two years, to nominate three persons-, free-
holders, residents in the district, to the Governor, who shall commission one of
them as sheriff 201
3. Penalty for refusing to accept, one hundred pounds, proclamation money 201
4. Members of his Majesty's council, and of the Assembly, exempted 201
5. Sheriff, before he enters upon the duties of his office, to take the oath of alle-
giance and supremacy, and the oath of office, and make and subBcribe the usual
declaration, before some person appointed to administer the State oaths, and
give bond, with sureties, for two thousand pounds, proclamation money, to the
public treasurer, in behalf of the pubUc, for the due and faithful discharge of the
office 201
6. May be sued on, by order of the court, for the satisfaction of the public, and
all private persons aggrieved by his misconduct 201
7. Vacancy by refusal to act, death, or removal from the Province, how filled 201
8. Duties and liabilities of sheriffs 201
9. Persons serving as sheriff or paying the fine, not again liable for ten years .... 202
10. No sheriff, under sheriff, sheriff's clerk, or other sheriff 's officer, to be an
attorney, or act as one, in his own name or the name of another, or plead or
practice in any of the courts 202
11. Sheriffs to turn over all papers, by indenture and schedule, all goals and pri-
soners, to their successors; and in case of refusal or neglect, liable to damages
sustained by such neglect or refusal „ 202
12. His fees in circuit courts, the same as the provost marshall, and allowed the
sheriff in Charleston 202
13. The sheriff of the district in which the party against whom any process in
chancery issues resides, or the estate to be effected thereby lies, shall execute
and return all .such process ; writs of subpoena, only, excepted 209
14. To have the same powers and fees, in executing ,fi-fa. on decrees in chance-
ry, as at law 211
15. May sell and convey 211
16. Where he is interested, the coroner to officiate in serving process 315
674 INDEX.
SHERIFF AND SHERIFF SALES, (continued.)
17. Of the county courts, how appointed; term of office; to give bond; taka
oath of allegiance, with oath of office, &c 223
18. Penalty for assuming the office without being duly quahfied 223
19. Under-sheriff and deputy 223
20. Oath of Sheriff 224
21. Dying or removing 224
22. Penalty for refusing to serve -. 224
23. Duties and liabilities 224
24. No judgment to be entered against any sheriff (of the county courts,) or other
officer, on an escape of a debtor from prison, unless the jury find that it was
with the consent of the officer, or through his negligence, or that the prisoner
might have been re-taken, but that immediate pursuit was neglected — 225
25. Mode of re taking a prisoner, if he escapes from a county prison 225
26. Sheriff of the county may impress a guard 226
27. Succeeding sheriff to finish the collections of his predecessor; take possession
of the books and papers, &c 226
28. To have security from the plaintiff for the maintenance of prisoner, after 20
days, or the^prisoner discharged 226
29. Defaulting sheriffs, how to be proceeded against 226
30. Sheriff to indorse on fi. fa when delivered, and if two at the same time,
which first 229
31. How to sell property taken under execution from county court. . . , 229
32. His fees in the county courts, where not particularly mentioned 244
33. To receive and keep all persons committed under warrant of judge or justice
of the United States or State 257
34. Penalty for not doing so 257
35. To turn over all unfinished business to his successor 263
36. Not to purchase, directly or indirectly, at sales made by himself, or be con-
cerned therein, on forfeiture oi his office, and avoidance of the sale 263
37. To return all writs and executions on the return day, to the clerk, and he shall
deliver them to the plaintiff's attorney 263
38. Delays and private sales by the sheriff, prohibited 263
39. Days of sale fixed each month, and the hours and places how fixed 263
40. Notices of sales, how published 263, 264
41. Executions to be returned by the sheriff, on oath, ten days after the return
day, with a full and particular account of the levies or sales made by him, and
of the money in his hands 264
42. Sheriff to have his fees, no matter at what stage the suit determines, and how
he may collect the same 264
43. Allowed two and one half per cent, for collecting fees on execution for fees.. .264
44. May have execution for his fees 264
45. To be appointed for the new districts of Pinckney and Washington 264
46. In each of the respective counties, shall be appomted, commissioned and
qualified as heretofore in the county courts, and shall hold office'/or four
years ■ 267, 268
47. Where any person shall be aggrieved by the negligence, mal-practice, or mis-
conduct in office, of any clerk or sheriff of the county courts, on motion to the
court, after notice of two days, to the clerk or sheriff, of such intended motion,
and the grounds thereof, in writing, the court shall forthwith give such order or
judgment as to justice doth belong 268
48. Places fixed for sales by the sheriffs of counties, and mode of advertising re-
gulated 269
49. His office always to be kept in the city, town or village wliere the court
houses are, on forfeiture of office ; and a fair copy of the books of sheriffs now
in office, or hereafter, shall be made at his onn expense, in good books, and
lodged within three months after the expiration of his office, and kept as public
records in the several sheriffs's offices, on forfeiture of five hundred pounds. . ..274
50. Sheriff of Camden to attend the appeal court at Columbia 276
51. Judges of the court of common pleas authorized to alter the places of sheriffs's
INDEX. 675
SHERIFF AND SHERIFF SALES, (continued.)
sales, at discretion, and all sales of mortgaged property to be made in the seve-
ral districts at the places fixed on by the judges, and at the times fixed by law
for sales under execution 276
52. Under the new judiciary system of 1800, how appointed 283
53. Of the county courts, continued for the districts until another is elected under
the new law 289
54. For neglecting to make return of an execution according to law, to forfeit not
less than S40, nor more than !!!200, to any person who shall sue for the same, be-
sides other pains and penalties ; provided, this law does not compel him to re-
turn executions lodged to hind property, and so marked 296
55. Of the districts, to attend the court of chancery 297
56. 3Tay qualify before any two justices of the quorum of his district 298
57. Sheriff of Beaufort to attend the court of equity there 310
58. Property levied on in St. Helena, to be sold at the vendue house in Beaufort. 310
59. Their duty, on free negroes or persons of color entering the State in his dis-
trict 471
SIDE WALKS,
1. In Charleston, in certain streets, to be repaired, and penalty for neglect. .. .11,21
SLAUGHTER-HOUSES,
1. In Charleston, declared nuisances by commissioners, to be removed, under
penalty 11, 21
SLAVES,
SCr I- All the Acts relating to slaves, from the year 1690 to 1751, (a small Act of
1747, giving freedom to a slave, excepted,) from page 343 to 426, have expired,
or were repealed before the revolution.
2. To be made free if they kill or lake one or more enemies in time of invasion,
and the master paid ; und the master to be compensated if killed by the enemy.. 33
3. If disabled, set free and maintained at the public expense 33
4. Master may arm and equip them in time of invasion 33
5. Not liable to execution from the county courts, where other goods and chat-
tels are shewn by the defendant, sufficient to satisfy the demands of the officer. 229
6. Nor subject to distress by the sheriff of that court, if other sufficieni distress
can be found 225
7. No person to send one from plantation, unless a body servant, without a
ticket 343
8. Penalty fordoing so 343
9. May be taken up as a runaway 343
10. Striking or offering other violence to a white person, how punished 343
11. May strike by command, or in defence of their owner's person 343
12. How to be clothed 343
13. Not freed by becoming christian, but subject as other goods and chattels to
pay debts 343
14. And where other goods and chattels are not sufficient, then so many slaves
only as are necessary, as well proportionnbly out of the slaves assigned for
dowry, as those that belong to the heirs and executors, shall be sold for payment
of debts ; and all negroes and slaves shall be counted as freehold in all other
cases whatever, and descend accordingly 343
15. Ticket to slaves 345
16. Asto runaway slaves 344, 345
17. Stealing a slave 345
18. Trial of slaves 346
19. Homicide of 346
20. Saturday not allowed slaves as formerly 347
21. Certain slaves enlisted in times of alarm, mode of raising 347
22. How to be armed 348
23. Penalty for owners refusing to permit their obedience to orders 348
24. Owners to be paid for any slave killed or maimed in service, and value how
assessed 348
25. Further Act to enlist slaves to serve in times of alarm 349
676 INDEX.
SLAVES, (continued.)
26. Regulations for the same 349, 350
27. His freedom allowed if he takes or kills an enemy 350
28. Owner paid if he deserts to the enemy - 330
29. If disabled, set free at the public expe.ise and maintained 351
30. Slaves who do not usually wait on their employers or owners, or not in livery,
not to leave a plantation without a ticket 352
31. To be whipped if he does, and not in the company of a white man, to give an
account of his business 352
32. Penalty for neglecting to take them up and whip them... 352
33. All negroes, mulattoes, mestizoes or Indians, heretofore sold, now held, or here-
after bought and sold for slaves, are, with their children, declared slaves to all
intents and purposes; excepting all such as shall be, for some particular merit,
made free, either by law, or by their owners or masters ; and also, excepting
such as can prove they ought not to be sold for slaves. And in case any shall
lay claim to his freedom, upon any of the said accounts, the cause of the same
shall be finally heard and determined by the Governor^and council of this Pro-
vince 352, 371
34. Every ticket to mention the name of every slave employed in the particular
business, to what place sent, and when to return 353
35. If any person gives a slave a ticket in the name of his master, without his
consent, to forfeit twenty shillins ; one half to the poor, and the other to the
person injured 353
36. In attempting to take up a slave without a ticket, any white person may beat,
maim or assault, and if such negro or slave cannot otherwise be taken, to kill
him, who shall refuse to shew his ticket, or by running away or resistance,
shall endeavor to evade being taken 353
37. Every person shall cause their negro houses to be searched once in two
weeks, for fugitive or runaway slaves, arms, or mischievous weapons, and to
cause them to be secured ; also, for stolen goods, and where they find goods
supposed to be stolen, to take them, and a full description thereof to give the
provost marshal or clerk ot the parish, to advertise the same at the church door,
that the owner may get them 353
38. Person suspected of trading with a slave, bow to be dealt with 353
39. No slave allowed to carry out of his master's plantation, any fire arms or gun,
without his master, or some white person by his order, is with him, or without
his certificate for the same 353
40. If so taken, arms forfeited, unless the owner will pay twenty shillings 354
41. Slaves from the country, not to resort to Charleston on Sundays and hoUi-
days, and if they do, may be taken up by the constables, &c 354
42. No ticket to be given to a slave to go to Charleston, or from plantation to plan-
tation on Sunday, except for particular business which cannot be delayed, under
penalty of ten shillings, and the ticket must mention the business, or be con-
sidered as no ticket ^ 354
43. How justice shall proceed if complaint be made before him of an offence com-
mitted by a slave 354
44. Court of magistaates and three freeholders 355
45. If the crime does not deserve death, may inflict other punishment 355
46. If any body shall send his negro out of this Province, that hath killed another
negro or slave, he shall pay to the master or owner of such negro, the full value
of the negra killed ; and if sent for killing a white person, knowingly, he shall
forfeit five hundred pounds to the executor of the person killed 356
47. How tried and punished for insurrection, rebellion, meeting or conspiracy, or
making preparation of arms, powder, bullets or offensive weapons .356
48. Person making away with or conceahng a slave guilty of such crimes, to pay
£^\) 356
49. If only one of several slaves be executed, the owners of all convicted to pay
part of the loss, and may be distrained for that purpose 356
50. Part each owner to pay 356
51. Evidence sufficient in petit larcenies or trespass 356
52. What necessary, in case of life or Umb 357
INDEX. 677
SLAVES (continued^
53. In case of murder 357
54. Punishment for a white person tempting or persuading a slave to desert the
service o( his masier, and to leave the Province 357
55. Felony, without benefit of clergy, to succeed in tempting or persuading a
slave to leave the service of his master and go out of the Province 357
56. If any slave shall run away, with intent to go off from the Province, and de-
prive his master of his service, on conviction hy two justices and three free-
holders, to suffer death 357
57. If any slave shall be guilty of persuading or enticing another slave to run
from the service of his master, in order to go off from ihe Province, on convic-
tion by two justices and three freeholders, he shall be severely whipped, not ex-
ceeding forty lashes, and branded on the forehsad 357
58. When any slave shall suffer death under this Act, the court shall enquire into
his value, and assess the same, and certify the same, which shall be paid out of
the public treasury 358
59. If the negro be killed, how his value shall be assessed 358
60. A slave striking or offering violence to a white person, for first offence, to be
punished by next justice, by whipping ; for the second offence, he shall be
whipped and his nose slit, or be branded in the face ; for the third offence,
death, or any other punishment ordered by the justices and freeholders 359
61. What evidence of the first conviction 359
62. Punishment for a slave running away 359
63. May be inflicted by a justice of peace 359
64. Compensation for taking up a runaway and delivering him to the gaoler, and
mode of proceeding 361
65. Gaoler to keep the slave in custody and dehver him over to his owner, his
fees being paid 361
66. Liable for escape '. 361
67. No person but the gaoler to keep a runaway above ten days 362
68. Gaoler not to employ one, or to suffer him to want food 362
69. If slave dies for want, the gaoler liable 362
70. Gaoler, at every court of sessions, to report what negroes he has in gaol 362
71. Commanders of companies to apprehend runaways 362
72. Compensation allowed a person taking a runaway slave 362
73. Compensation allowed Indians and slaves for taking up a runaway 362
74. Punishment for a slave harboring a runaway slave 363
75. No plantation to be kept up with six negroes on it, unless there is a white per-
son on it, under penalty of forty shillings for each month 363
76. No owner shall saffer any slave to do what, go whither, or work where, they
please, under penalty of the forfeiture of five shillings for every day he shall
suffer any slave so to do. But nothing in this Act shall be construed to hinder
any person from letting his slave to hire by the year, or for ^ny lesser time,
while such slave is under the care of his master, or other person by him intrust-
ed with the slave, and the master shall receive the whole of what the slave
shall earn 363
77. A slave suffering in life or member, under punishment for running away, no
person liable to penally therefor 363
78. Violently killing a slave, from wantonness, bloody-raindedness, or cruel inten-
tion ,..^ 3G3
79. Accidental killing 363
80. Killed while in the act of stealing 364
81. Slaves may be baptised and become Christians, but shall not thereby be man-
umitted or set free 364
82. Who and what number of the court must agree to convict a slave of a crime. 365
83. Of a misdemeanor 366
84. In what case gaoler or marshal to have his fees for a slave dying in gaol 366
85. Slaves found guilty of capital crimes, (murder excepted,) to be transported,
and the owner compensated out of the public treasury , 366
VOL. VII.— 86.
678 INDEX.
SLAVES, (continued.)
86. In all cases where any slave shall be condemned to die, the justices and free-
holders, or a quorum ol them, that shall condemn such slave, shall, in the valu-
ing thereof, not exceed fifty pounds, which sum shall be paid to the owner of
the slave, his executors, administrators or assigns 366
87. Any slave who shall strike, beat or maim his master, overseer, or any other
white person, except it be in immediate defence of his master, overseer, or other
white person, shall be deemed a criminal, and tried and proceeded against as
other criminal slaves, and the punishment to be left to the judges in such cases ;
and for want of evidence to prove such facts, the oath of any white person so
struck or maimed, shall be sufficient to condemn such slave, if the oath of the
white person be deemed valid by the judges trying the same 366
88. Penalty for dealing with a slave, (without a ticket,) for the value of five shil-
lings 367
89. Compensation to a slave for giving information as to stolen goods 367
90. Duties imposed on the importation of slaves 367
91. No person sliall allow any slave to plant for himself corn, peas or rice, or to
keep any stock of hogs, cattle or horses, under penalty of twenty pounds for
every slave permitted so to do; the penalty to be recovered by bill, plaint or
information, in any court of record in the Province; one half paid to hira who
i\\a.\l inform and sue for the same, the other to the public receiver, for the use
of the public 368
92. The law allowing compensation to owners for slaves executed by law, or
killed under certain circtnnslanccs.out of the public treasury, so amended that
the same is to be assessed on the slaveholders of the parish 369
93. How to be assessed and collected 369
94. The Act repealed, allowing compensation from the public treasury for slaves
transported on conviction for certain crimes 369
95. Additional duties on slaves imported 370
96. Who declared slaves 371
97. Trial for freedom to be had before the courts of law of the jurisdiction 371
98. No slave to leave plantation without a ticket 371
99. Every owner or overseer bound to take up slaves found on their plantations
without a ticket, and to have them whipped 371
100. Or to whip any found on their plantations with a ticket, on Sundays, fast-
days and holy-days, or at any other times, unless he came on business to the
master of the plantation, and not to loiter away their time 372
101. What must be expressed in the ticket 372
102. Penalty for giving a ticket to the slave of another 372
103. Punishment for counterfeiting a ticket 372
104. Negro houses to be searched for arms, and to be taken away, unless the slave
have a license from his master to hunt and kill game, cattle or vermin 372
105. License to be renewed every month 372
106. Or some white person be a'ong, or the slave be carrying his master's arms
from muster, or by his order, or keeping off rice and other birds within the
plantation, during the day 372
107. Only one slave on a plantation to be licenced to have arms, except for keeping
off birds, &c .' ; 372
108. Not allowed to carry the gun from the plantation, from Saturday night to
Monday morning 372
109. Not to lend the gun to another slave 372
110. Arras not so licensed forfeited 372
111. Slave so licensed killing other people's stock, the master liable 373
112. Or if he lends it, and mischief is done 373
113. Slaves may prove the mischief done 373
1 14. Power of patrol 373
115. Instructions to be given 373
116. Every head of a family to keep all arms, when out of use, in a room, locked
"P 373
INDEX. 679
SLAVES, (continued.)
117. No ticket to be given for Sundays, or to go to Charleston, but on particular
business 373
118. Trial of slaves for felony 373
119. For offences less than felony, as larceny, &c 374
120. What punishment 374
121. How punished tor certain offences, where a white man is allowed his clergy. 374
122. How punished for breaking open and stealing from corn houses and rice
houses 374
123. How tried and punished for minor thefts 375
124. Mutiny, insurrection, or preparation of arms, punishment for, and trial 375
125. Any person sending from the Province a slave who has killed another slave,
he shall pay to the owner of the slave killed his full value ; and in case he shall
send away his slave who shall have killed a white person, and knowing him to
be guilty of such crime, he shall forfeit five hundred pounds 37.5
126. Punishment for concealing such offenders 375
127. If more than one slave be condemed, ihe justices may execute one, and ap-
portion the loss among the owners of the ditTerent slaves convicted ; provided,
the valuation exceeds not twenty-five pounds, proclamation money 375
128. Evidence in cases not capital, and in capital cases 375, 376
129. Punishment for slave running away from his master, intending to leave the
State 376
130. How, where there are sevenil 376
131. Who bears the loss 376
132. Slave, how punished for enticing another to run away and leave the Province,376
133. Certain slaves executed, their value to be assessed by the county and pre-
cinct courts, on the land and slave holders of their jurisdiction 377
134. Treasurers of the counties to pay 377
135. Indemnity for certain slaves killed 377
136. Punishment for striking a white person 377
137. If he disable or maim a white person 377
138. Provided, it be not ilone by command or in defence of their master, mistress,
manager, or owner of their families, or of iheir goods 377
139 Justices courts for trial of slaves 10 write out all their proceedings, and to send
them to the clerk of the crown, or of the county and precinct courts 377
140 Runaways to be delivered, in certain number of days, to their owner, or to
the gaoler or marshal, undtr penalty ; and the gaoler shall enter the oath of the
person lodging them, in a book, and give a certificate of the same .378
141. Reward for delivering such slave, and how paid 378
142. Any two justices of the peace may enquire whether slaves are sufficiently
provided with provisions; and if it shall appear that they are not so, they shall
ini"orm the justices of the several courts of this Province, at the next sessions of
the peace, and the owners, or attornies or managers of the owners, of such
slaves, shall forfeit any sum not exceeding fifty shillings, at the discretion of the
justices of the court 378
143. Gaoler, how long he may keep a runaway, and his compensation 379
144. Liability for escape • 379
145. No person but a gaoler allowed 10 keep a runaway slave over a certain time . .379
146. Prisoner not to suffer for want of food, and liability of gaoler, if he does 379
147. Gaoler to give an account to each court of sessions of all slaves in his pos-
session 379
148. Commanders of companies, when bound to pursue and apprehend runaways. 380
149. A person wounded, maimed or disabled, in attempting to take a runaway, how
compensated 380
150. A slave harboring, concealing, and entertaining a runaway slave, how
punished , 380
151. Slave not allowed to hire his own time, or look for work where he please, un-
der penalty on the owner 380
152. How slave may be liired 330
680 INDEX.
SLAVES, (continued.)
153. No plantation, stock or cowpen allowed, having ten slaves, unless a white
man resides with them r • ■^"'^
154. If a slave under punishment for running away, or other crimes or misde-
meanors, unfortunately suffer life or limb, no person shall be hable to any pen-
alty 381
1.55. Penalty for wilfully killing one's own slave -381
156. For wilfully killing tlie slave of another 381
157. If a servant, or one incapable of making satisfaction 381
158. One killing by accident, not liable to pcnaUy, but to the owner's action at
law •.-•381
159. If a person shall find any negro or other slave, stealing or robbmg, the said
slave making resistance, running away, or refusing to submit, lawful for such
person to kill him, and be not subject to any damage 381
160. Fines and forfeitures under these laws, how recovered 381
161. No slave allowed to keep any horse or neat cattle, and if they have any, to be
forfeited to the use of the poor 38-
162. If the owner claims the horse or cattle, the proof shall lie on him, and he must
make oath of the same
163. Proceedings by the magistrate in such cases 382
164. Not allowed to have hog, or boats or canoes 382
165. Proceedings in such cases "^^
106. All actions arising out of the execution of the negro laws, to be tried in the
county or precinct courts in whose hmits the facts occurred 383
167. Proceedings quashed and judgment arrested if tried elsewhere 383
168. All slaves killed in the execution of the laws, or executed by law, except such
as have been executed for wilful murder, to be paid for out of the public trea-
sury, not exceeding one hundred pounds current money ; for which, a quorum
of any two justices and three freeholders, shall have power to draw on the Re-
ceiver-general for the same, giving at the same time, a certificate of the same . . .383
169. Marshals and constables compelled to execute slaves convicted of any capital
^. offence, within their precinct, and if the conviction be for a lesser offence, the
punishment shall be inflicted by the marshal or constable of the precmct or
place where the slave is tried, or by some one procured by them 383
.382
170. Fee of the marshal for executions.
383
171. All owners of slaves, who shall hereafter manumit or set free any slave, for
any particular service, shall make provision for his departure out of the Pro-
vince ; and such slave, v;ho shall not depart this Province in 12 months after
such manumission, being at liberty so to do, shall lose the benefit of such ma-
numission, and continue to be a slave, unless such manumission shall be approv-
ed of by the Legi-slature 384
172. All fines under this Act for his Majesty. Penalty for refusing or neglecting to
give evidence on the trial of a slave 384
173. Any one justice and two freeholders, or two justices and one freeholder, a
quorum, in trials under this Act ^"^^
174. This Act to continue of force for seven years 384
175. Who declared to be slaves ; and how, and before what courts, trials for freedom
to be had .....385
176. In what cases a negro may k-a\ e a plantation, and when a ticket is required,
and how punished if found without a ticket 385
177. Duty of every owner or overseer of a plantation, as to strange slaves . ...385
178 Dutv of owner or overseer as to strange negroes coming on the plantation
■ ., \ ,. , , 3S6
without a ticket
179. What the ticket shall specify 386
18U. Penalty for giving a slave a ticket in the name of the master or overseer
without his consent
181. What a white person may lawfully do to compel a slave to shew his ticket,
or to prevent his running auay to avoid the same 3
182. Power of justices of the peace to enter suspected places, and to seize unlaw-
~, 386
fulweapons
INDEX. G81
SLAVES, (continued.)
183. Under what circumstances a slave may keep fire arms 386
184. Not allowed to carry any arms out of the plantation on Sundays 387
185. When the arms are forfeited 387
186. If a slave entrusted with a gun commits trespass with it, his owner or mana-
ger liable for it 387
187. How reco%ered 387
188. Arms in any private house, how to be kept 387
189. No ticket to be given to a slave to go to Charleston, or from plantation to plan-
tation, on Sundays, except on business which canhot be delayed, the ticket to
specify the business, under penalty .'. 387
190. Proceedings against slaves for capital offences and lesser offences 387, 388
191. What shall constitute a quorum of the court 388
192. Larcenies 388
193. Punishments .388
194. In what cases owners liable 388
195. A person sending his slave from the State to escape punishment for murdering
another slave, or for other felony, how liable 389
196. Penalty if the slave killed a white person 389
197. Trial and punishment for insurrection, mutiny, &c 389
198. Penalty for concealing a slave suspected of such crimes 389
199. Example may be made of some of the criminals, and the rest discharged; the
owners bearing a proportion of the loss of those executed. . . 339
200. Evidenceon the trial 389
201. Penally for alluring and stealing away a slave, with intent or design to send
or carry him out of the Province 389
202. For attempting the act 389, 390
203. How the slave himself shall be punished 390
204. Penalty for one slave enticing another to run away with intent to depart the
Province 390
205. Trial and punishment of a slave for striking a white person 390
2p6. Proceedings of the court to be written out and sent to the clerk of the Crown
and Peace at Charleston, within three months of the trial, under penalty 391
207. How to be recovered 391
208. Reward for taking up runaway 391
209. What to do with him 391
210. Duty of the gaoler 391
211. Penalty for not providing sufficient victuals for slaves on a plantation 391
212. How long gaoler may detain runaway slave, and his compensation 391
213. Liable for voluntary escape, and in what manner liable 392
214. Gaoler not to work runaway, or to let hira want sufficient food, under pen-
alty 392
215. Every field officer or commander of a company, on noticfe given him, requi-
red to raise a patrol to pursue and apprehend runaways 392
216. Reward for apprehending — 392
217. Persons wounded, maimed or disabled, in attemptiiig to apprehend runaways,
how compensated 392
218. Punishment for a slave harboring a runaway slave 392
219. Slaves not allowed to hire their own time, nor to look about for work, under
penalty 393
220. Penalty for employing a slave without a ticket from the owner 393
221. Every plantation, or stock, or cowpen, having ten taxable slaves, to have a
white man residing on it, under penalty 393
222. If a slave under punishment for running away, or other crime or misdemea-
nor towards his owner, suffer life and limb, no person to be liable 393
223. Penalty for wilfully and cruelly killing the slave of another 393
224. If a slave is killed by accident 394
225. Slave may be killed if found stealing, robbing or committing burglary, and at-
tempts to escape, resists, or refuses to submit 394
682 « INDEX.
SLAVES, ^continue<l.)
226. This Act may be given in evidence under the general issue, and treble costs
allowed defendant in case of discontinuance, nonsuit, &c 394
227. No slave allowed to keep horses, cows or neat cattle ; and duty of justice of
peace in such cases 394
228. Proceedings, if the owner of the slave claims the animal 394
229. Every person who shall send a slave with perriaugers, boats or canoes, shall
give them a ticket for that purpose 395
230. Marshal or constable of the parish where a negro has been convicted of any
offence, to execute the sentence 395
231. Penalty for refusing 395
232. How fines and tbrfeitures under this Act may be recovered 395
233. How appropriated 395
234. Slaves, if manumitted, must leave the Province in six months, and if they re-
turn within seven years, to lose their freedom, unless the manumission has
been approved of by the Legislature 395
235. Apparel permitted to blaves 396
236. Penalty for allowing slaves to keep, in their own name, or that of their own-
ers, any house of entertainment or trade 396
237. Penalty for neglecting or refusing to produce or suffer to appear a- slave to
give evidence 396
238. What a quorum of justices and freeholders under this Act, to constitute a
court for the trial of slaves 397
239. This Act to continue of force three years .397
240. Who are to be deemed slaves 397
24L Issue to follow the condition of the mother 397
242. To be deemed chattels personal 397
243. A guardian may be appointed at any time during the sitting of the court, or at
chambers, by any of the justices of the court of common pleas, by petition or
motion, for any slave claiming his freedom, who may bring an action in nature
of ravishment of ward against anyone claiming him 398
244. Proceedings 398
245. Presumption shall be that every negro, &c., is a slave, reserving jurisdiction
to other courts 398
246. Defendant to enter into recognizance to produce the slave when required by
the court, unabused 39S
247. No slave allowed to leave town or plantation without a ticket 398
248. Form of ticket prescribed 393
249. Penalty forgiving a ticket without authority 399
250. Slave without a ticket, how to be dealt with 399
251. Penalty for improperly beating a slave of another 399
252. Assemblages of slaves to be dispersed, their houses searched for arms, stolen
goods, &c 399
253. Duty of justices of peace in such cases 399, 400
254. Persons injured in taking or attempting to apprehend runaway.s, how remu-
nerated 4Q0
255. How slaves tried for capital offences 400
256. For offences not capital , 40i
257. What shall be a quorum 401
258. Oath to be taken by the court 401
259. Evidence to be admitted against slaves and free negroes 401,402
260. Free negroes, how tried for crimes and offences 402
26L Slave guilty of felony, not allowed clergy in England, to suffer death 402
262. Certain offences declared felony in any slave, free negro, mulatto, Indian or
mestizoe 402
263. Homicide, and raising or attempting to raise an insurrection, how punished.. .402
264. Sentence and punishment, how they may be commuted 403
265. Compensation to owners of slaves executed 403
266. Justices may compel persons to give evidence 403
267. Penalty for concealing accused slaves 403
INDEJi. 683
SLAVES, (continued.)
268. Constables of the parish to execute all sentences on slaves 403
269. Their fees 404
270. If the charge be groundless, prosecutor to pay all charges 404
271. Penalty for working on Sunday 404
272. Not to carry fire arms without a ticket 404
273. Certain exceptions 404
274. A slave, how punished for striking a white person <105
275. Runaway slaves taken up, how disposed of 405
276. Duty of the Warden of the work-house in Charleston 405, 4ii6
277. Proceedings when any runaway is delivered to the warden 406
278. Slave in custody 18 months, to be sold 407
279. Penalty on free negroes or slaves harboring a runaway 407
280. Slaves in Charleston not to buy or sell, except as provided 407, 408
281. No strong liquors to be sold to slaves 408
282; Slaves not to work from liome without a licket, or to hire their own time 408
2S3. Penalty for employing a slave without a ticket from his master 408
284. Slaves prohibitetl from trading or keeping boats, canoes, liorses, cattle, sheep
or hogs, which may be lawfully seized 409
285. Proceedings if stolen goods are seized 409
286. Owners, residing out of Charleston, may give their slaves permit to sell their
owners goods or commodities in town, the goods being mentioned in the
licenses 410
287. Slaves allowed to buy and sell certain provisions with a ticket 410
288. Slaves not allowed to be absent from home without a ticket, nor keep arms,
drums, &c 410
289. Penalty for suffering public meetings or feasting of slaves on plantations 410
290. Penalty for wilfully murdering a slave or cruelly using him 411
291. To be provided with sufficient clothing and food 411
292. Duty of justices of the peace in such cases 411
293. Proceedings in case a slave be killed, maimed, or cruelly treated contrary to
this Act, no white person being present 412
294. Owner or person having care of him, presumed guilty until he exculpates
himself 412
295. Apparel of slaves regulated and prescribed 412
* 296. Guns not to be unnecessarily fired in the night time 412
297. Not to rent houses or plantations 413
298. Penalty for hiring one to a slave 413
299. Not to travel the high road in numbers exceeding seven, and if more than that
number without a white person, may be apprehended and whipped 413
300. Penalty for working a slave more than certain hours a day 413
301. Penalty for teaching a slave to write, or employing him in writing 413
302. No person to keep slaves on a plantation without a white person with them.. 41 3
303. Reward for slaves escaped beyond the Savannah River 414
304. How to be paid 414
305. Compensation to owners of slaves executed for deserting out of the Province. .415
306. All charges for taking and bringing in such slaves, to be paid by the public 415
307. Penalty on persons, whose duty it is, faihng to carry this Act into execution 415
308. Persons sued for putting this Act into execution, may give it in evidence under
the general issue 415
309. This Act how to be construed 415
310. Penalties and forfeitures under it, how to be recovered and applied 416
311. Rebellion at Stono, and Act of indemnity for suppressing it 416, 417
312. This Act a public Act, and to continue of force for three years 417
313. All arms-bearing citizens to carry arms and amunition with them to church
on Sundays and Christmas-days, under penalty 417
314. Not applied to Saint Philip's Church, Charleston, where a watch is to stand
under arms during service 418
315. Duty of Church Wardens and Deacons to enforce the law, and penalty for
neglect 418
684 INDEX.
SLAVES, (continued.)
316. MoL.e of enforcing ■ 418
317. Act, ante, of 1740, continued for three years longer, and this Act to expire in
three years 419
318. Commander of patrol, or commissioned officer of militia, when obliged to per-
sue and apprehend runaways ' 420
319. What they may lawfully do 421
320. Public to pay for any killed in apprehending thera 421
321. Compensation for those maimed or disabled 421
322. Penalty for commanJer of patrol or militia officer neglecting this duty. 421
323. Reward for runaways thus apprehended 421
324. A notorious runaway, for 12 months, how to be dealt with 421
325. Penalty for slave carrying fire arms beyond his master's cleared lands 423
326. Such fire arms may be seized and forfeited, if carried within ten days to a ma-
gistrate, &c • 422
327. Penalty for a free negro to lend arms to a slave 422
328. Master liable if his slave wilfully maim or wound the slave of another, to a
penalty, and if not paid, the slave to be whipped 422
329. Poisoning, or being accessory to the fact, how punished 422
330. Reward to the informer 423
331. No slave to be convicted upon the bare evidence of another, unless poison
shall be found upon the party, or coroborateJ by some other circumstance 423
332. Punishment for false information 423
333. Death to teach a slave the art of poisoning 423
334. And punishment for learning , 423
335. Penalty for an apothecary to employ a slave in that business 423
336. Negro doctors prohibited 423
337. Negro not to sell any rice or Indian corn 423
338. Penalty upon any one buying the same from the slave of another 423
339. Slave enticing others to run away and leave the Province, not punished with
death, unless he has provided provisions, arms, horses or carts, whereby to
escape, &c 424
340. Compensation to owners of slaves executed 424
341. Provision for lunatic slaves of persons unable to maintain them 424
342. Reward for apprehending a slave who has been six months runaway, and
who endeavors to defend himself with arms or weapons 424
343. Punishment of, mitigated in certain cases 425
344. Fines and forfeitures under this Act, how recovered and applied 425
345. This a public Act, and to continue of force seven years 425
346. So much of the Act of 1740, as is not alttered by this Act, continued for seven
years :..... .425
PERMANENT ACTS, OR ACTS SINCE CONTINUED.
347. Freedom given to a negro raannan-ed Arrah, ani to all other Carolina slaves
that have been taken by the enemy and made their escape 419, 420
348. His master compensated 420
349. To enveigle, steal or carry away a slave, or to hire, aid or counsel any person
to enveigle, steal or carry away any slave, so as to deprive the owner or em-
ployer of his use and benefit; or to aid any slave in running away from his
master or employer's service, made felony, without benefit of clergy 426
350. To steal or carry away schooners or pettiaugers entrusted to one's care, de-
clared felony, without benefit of clergy 426
351. Slaves, how to be tried 427
. 352. Act of 1776, of force for one year only 429
353. Governor authorized to demand, at discretion, a number of slaves to labor in
the public service. Mode of raising them 428
3.'J4. Owner or manager neglecting to supply his quota 428
355. Mode of taking the number left to the discretion of the committee of the dis-
trict.
.429
356. Compensation for each slave per day 429
357. The committee's powers - 428, 429
INDEX. 685
SLAVES (continued.)
338. Authorized to take a double proportion from those who have not subscribed
the general association of this State, and the oath of fideUty to the new govern-
ment ^^^
359. Ordinance to be of force for one year 429
360. Tenahy on any person importing a sla/e into this State contrary to the instal-
ment Act 430
361. A person taking up a runaway, to send him to the gaol of the district where
taken up, under penalty. Gaoler to receive such .slave, and give a receipt and
note for his expenses 430
362. Gaoler allowed his charges. Gaoler not to give his note unless the person
bring a certificate from a justice of peace 430
]63. Gaoler to keep and advertise the slave 431
364. No longer necessary to take a runav\'ay to the Warden of the Workhouse in
Charleston 431
165. No slave to be imported into this State, from Africa, the West India Islands,
or other place beyond sea, for two years from 1st January, 1793 431
366. No slave or colored per.son bound to serve a term of years, shall be brought
into this State, by land or water, from any of the United States, or any of the
countries bordering thereon, ever hereafter ; provided, it may be lawful I'orany
citizen of the United States coming to settle with his family in this State from
any of the United States, and actually settling for five years, to bring along
with him all such slaves as he may possess, in his own right, or as guardian
for any person removing with him ; but no person shall be permitted under
colour of such removal, to bring with him for sale the slave of any other per-
son 431
367. Provided, also, if a citizen of this State intermarry with the citizen of ano-
ther State, to bring into this State all slaves acquired by such marriage 431
368. The Act not to extend to servants or domestics of persons travelling to and
from and into this State from any of the United States, or to the domestics of
any persons arriving from any other place, and residing not more than six
months in this State ; but such servants or domestics may be sold or remain in
this State, at the departure of their owners 432
369. If any slave or person of color, bound to serve for a term of years, shall be
brought into this State, he shall be taken as a forfeiture to the State, one-third
to the informer ; and the person bringing him, subject to a penalty of fifty
pounds 432
370. Magistrate's duty on information furnished against the importer, to take
the slaves, and summon a court of freeholders; from whose judgment an appeal
is allowed 432
370. The two preceding Acts, extended in their operation until 1st. Jan. 1797 433
371. No slave or person of color, bond or tree, to be imported, or to land, or enter
the State, from the Bahamas or We.«t India Is!and.s, or from any part of the con-
tinent of America, without the limits of the United States, or from other parts
beyond seas 433
372. All slaves bought, landed or being landed, forfeited, and the Governor is requi-
red to transport such slave and sell him ; one half to the State and the other to
the informer. 433
373. Penalty for bringing in such slave 433
374. Ship responsible for paying the same 433
375. Free person of color entering the State of his own accord, to be apprehend-
ed and committed to gaol, to be transported by the Governor whence he came,
or such other place as he shall deem most advisable ., 433
376. To labor for maintenance 433
377. The importation of negroes prohibited, until the 1st. Jan. 1799 434
378. Slaves so imported, forfeited, and to be sold by the Governor; one lialf to the
State, and one half to the informer 434
379. Penahy for importing a negro into the State 434
380. The vessel in which the slave has been imported, hable for payment of penal-
ty, unless security be given 434
381. The prohibition extended to 1801 , 435
VOL. VII.— 87.
686 INDEX.
SLAVES, (continued.)
382. Further extended to Isl. January, 1803 436
383. Penalty for dealing, trading or trafficking with a slave, without a ticket from
his master 434
384. No slave liable to be distrained for rent, unless he belongs to such person as
may be lawfully chargeable with such rent 435
385. No negro or other slave to be brouglu into this State by land or water ; and
^ all free negroes and persons of color prohibited from entering the State ; and
every person of color, a slave, bound to service for a term of years, or free,
sent or brought into this State, shall and may be apprehended and taken to a
justice of the peace 436
386. Magistrates to have all offenders apprehended, and the negroes and persons
of :olor brought in with I hem 437
387. Penalty on justice of peace for neglect of duty 437
388. Officers of the militia to execute iho magistrate's warrant 437
389. Entitled to pay, and penalty for not obeying 438
390. Sheriff to sell such slaves 438
391. Nett proceeds, how applied 438
392. In.'brmer, a competent witness 438
393. Persons charged with bringing in slaves, to disprove the charge 438
394. Persons unjustly charged, to be liberated by the justice and freeholders 438
395. This Act not to prevent persons from migrating to this State 439
396. On what conditinns those migrating to the State may bring in a slave 439
397. Penalty on tax collectors for not giving information of any slave he may know
to have been illegally brought in 439
398. Penalty on bringing shves into this State 439
399. Not to extend to masters of vessels bringing in one employed on board, who
may depart on giving bond ; or to any one travelling in this State, having a
servant 439
400. Penalty on ferrymen and bridge keepers who suffer slaves to be brought into
this State 439
401. Prosecutions limited to two years under this Act 440
402. General issue may be pleaded 440
403. This Act to continue of force for three years 440
'»04. What assemblies of slaves and free persons of color, declared unlawful 440
405. A proportion of white persons do not make the assemblies legnl, if met for the
purpose of mental instruction, in a confined or secret place, or with the gates or
doors of such place, barred, bolted or locked, so as to prevent the free ingress
and egress to and from the same 440
" 406. Magistrates, sheriffs, militia officers and officers of the police, required and
empowered to enter into such confined places, where such unlawful assemblies
are convened, and for that purpose, to break doors, gates or windows, if resist-
ed, and to disperse such persons there found _. 440
407. They are empowered to call to their assistance, such force from the neighbor-
hood, as may be necessary, and may punish slaves and free persons of color,
not exceeding twenty lashes; and if in Charleston, may deliver them to the
master of the workhouse, who shall inflict on them such punishment as any
two magistrates of the city may direct, not exceeding twenty lashes. In the
counties they shall be delivered to r constable, by whom they may likewise be
punished by order of onn magistrate 441
408. Unlawful to assemble, even with white persons, for the purpose of mental in-
struction or religious worship, either before the rising or after the setting of the
sun, and all officers as aforesaid, may disperse such assemblies, and punish
them, as by the patrol law they are authorized 441
409. Fine for not performing patrol duty 441
410. Persons dispersing such assemblies protected, and if sued treble costs al-
lowed 441,442
411. Every settled plantation having more than ten workers, to have some white
man or overseer, under penalty 442
412. Owner must return the fact on oath to the tax collector 442
INDEX. 6S7
SLAVES, (continued.)
413. Or the collector may issue execution for the penalty. 442
414. Manner and form prescribed for emancipating a slave 442, 443
415. Must be by deed, or void ; and to be recorded within six months in the office
of the clerk of the court of tlie district 443
416. Copy deed to be delivered to the slave within ten days, and penalty for not
delivering it 443
417. Penalty for bringing slaves or servants of color into this State, from any parts,
or aiding, cau.sing or procuring them to be bought; or harboring, keeping or
owning, or having them in his possession 444
418. Every such slave, so found by verdict of the jury, to be sold by the sheriff.. .444
419. Warrants to be issued for such slaves 444
420. How to be proceeded against when committed to gaol 444, 445
421. Oath to be taken by magistrates and freeholders 445
422. Persons charged with bringing negroes into this State must exculpate them-
selves 445
423. Oath to be taken by the keepers of ferries 445
424. Appropriation of penalties inflicted by this Act 446
425. Under what circumstances slaves may be brought into this State 446
426. Penalty lor neglect of duty under this Act 446
427. The law to prevent slaves being brought into this Slate, amended, so far as
they prevent citizens of other States passing through this State to any other
State, with negro skives or other persons of color, bona Jide their own property ;
provided, they take an oath prescribed 447
423. Magistrate to give certificate of the oath, countersigned by the clerk of the
court, in whose office it shall be left to be produced to any one demanding it.. .447
429. Citizens of ether States coming to settle in this, may bring their slaves 447
430. Not to prevent any citizen of this State bringing in any slave acquired, bona
Jide, by descent, will, deed of gift from parents to children, the consideration of
which is natural love and affection, or marriage 447
431. Oath to be taken by persons moving to this State with their slaves 447
432. Slave brought into this State contrary to the law, to be free 448
433. Imported contrary to this Act, to be free 448
434- Guardian of slave claiming freedom, liaiile to double costs if his action fails.. .448
435. Not lawful to break nito any religious assembly, before nine o'clock in the
evening, where a majority are white persons ; or otherwise disturb their devo-
tion, unless under a warrant 448
436. The Acts of 1792, 1794, 1796, 1798, 1800 and 1802, relative to the importa-
tion or bringing of slaves or persons of color, bound for a term of years, into the
State, repealed 449
437. Importation of negroes or persons of color, bond or free, from the Bahama or
West India Islands, the continent of Souih America, or the French West India
Islands, prohibited 449 45Q
438. No male slave above 15 years old, to be brought into this from any sister
Slate, unless the person importing or bringing him, shall file in the office of the
clerk of the district, where the person so importing may reside, a certificate un-
der the hands of two magistrates, and the seal of the court of the district where
the negro had resided for the last twelve months previous to the date thereof,
that such negro was a person of good character, and has not been concern-
ed in any insurrection or rebellion , 450
439. The Act of the 20th December, 1800. to prevent slaves being brought
into this State, (page 436,) and An Act supplementary to that, passed 19th De-
cember, 1801, (page 444,) declared to be in full force and operation, so far as the
same applies to provisions contained in the preceding clauses of this Act, and
the first Act, declared a perpetual Act 45O
440. Negroes or persons of color, bond or free, entering the State contrary to this
Act, to be forfeited 45O
441. Proceedings for that purpose 450
442. Moses Glover and others, permitted to bring certain slaves, not exceeding one
hundred and seventy, from the Bahama Islands, to settle in this State 450
688 INDEX.
SLAVES, (continued.)
443. The same privilege granted to Thomas Hunt 451
444. Negroes or persons of color coming into this State, and not claimed by any-
one, how to be dealt with 451
445. No negro slave or person of color, bound to service for a teim of years, to be
brought into this State ..451
446. Forfeited if so brought, one half to the informer and the other to the State.. 452
447. Penally for bringing one in 452
448. Persons travelling with not more than [two slaves, exempted on certain con-
ditions 452
449. Persons passing through the State also exempted, on certain conditions 452
450. Second offence felony 452
451. Penalty for purchasing negroes brought in contrary lo this Act 452
452. Slaves may be seized, and proceedings thereon 453
453. Persons accused of violating this law, to prove themselves clear 453
454. Oath to be required by each tax collector of persons returning their taxes 453
455. Proviso in favor of persons who made purchases before this Act 454
456. Penalty upon any person, by himself or any other acting for him, as his clerk
or otherwise, directly or indirectly, trading or trafficking with a slave, not hav-
ing a permit so to do 454
457. If any one shall purchase of a slave, he shall retain the permit, and if prosecu-
ted shall produce the same, and prove its authenticity 454
458. The Act to prohibit the importation of slaves from any of the United States,
amended , .. 455
459. Slaves out of this State, owned by persons in it, before Dec. 19, 1816, allowed
to be brought in 455
460. How such slaves may be brought in .455
461. License, how to be obtained to bring in such slaves 455
462. Copy of will to be produced, and other proceedings 456
463. Judge to hear petitions and grant licenses 456
464. Slaves not to be levied on to defeat the objects of this Act ; how they may be
levied on 456
465. No slave brought into this State, under this Act, to be disposed of within
three years 456
466. Slaves may cross and re-cross Savannah river 457
467. Also the North Carohnaline 457
468. Slaves lodged in gaol under the provisions of this Act, and not claimed within
three months, may be sold 457
469. The Act of December, 1816, prohibiting the importation of slaves into this
State from any of the United States ; also an Act to amend that Act, passed
18th December, 1817, repealed 458
470. No slave to be hereafter emancipated but by Act of the Legislature 459
471. No free negro or mulatto to migrate into this State. 459
472. Proceedings against a free negro or mulatto who may migrate into this State. 459
473. Free negroes or mulattoes coming in, in consequence of shipwreck or unavoid-
able accident, or as a seaman on board or belonging to a vessel, with which he
shall depart, or as a servant to any white person travelling into this State, con-
stitute exceptions 459
474. Penalty for bringing such persons into the State 459
475. The servant of the traveller can only stay six months 459
476. Any person, a native of the State, may return within two ye.irs after the
passing of the Act 459
477. Those who have left the State as the servant of a white person may return
in that capacity 460
478. Penalty for bringing a free negro or person of color into this State, and hold-
ing him as a slave, or to sell or to offer him for sale as a slave 460
479. A white person, directly or indirectly, circulating or bringing within this
State any written or printed paper, with intent to disturb the peace or security
of the same, guilty of a high misdemeanor, and may be fined, not exceeding
one thousand dollars, and imprisoned, not exceeding one year 460
INDEX. G39
SLAVES, (continued.)
480. On the conviction of a free person of color of such offence, for the first of-
fence, to pay not exceeding one thousand dollars, and for the second, to be
whipped, not exceeding fifty lashes, and to be bani&hed from the State ; and if
he return, unless by unavoidable accident, to suffer death 460
481. White person, how punished for harboring, concealing or entertaining any
runaway slave • ^t'O
482. How a free negro or person of color punished for such offence 460
483. Free negroes leaving this State, not to return, under penalty 461
434. Tax on free negroes and persons of color 461
485. No vessel to land free negroes or persons of color ; and if landed they may
be seized and confined until the vessel departs. Captain to take away such
persons, and pay expenses of detention. Penalty if not done 461
486. Sherifls to carry this Act into effect 461
487. Harbor-master to report to the sheriff the arrival of all free negroes or free
persons of color, who may arrive on board any vessel coming into the harbor of
Charleston, from any other State or foreign port 46v-
488. No person to hire to slaves their own time 462
489. Free negroes to have guardians 462
490. Duty of guardian 4o-
491. If any person counsel, aid or hire any slaves, free negroes, or persons of co-
lor to raise a rebellion or i.isurrection in the State, whether such actually take
place or not, he shall, on conviction, be adjudged a felon, an J suffer death, with-
out benefit of clergy 4o^
492. No free negro or person of color to come into this State 463
493. Proceedings against such as offend 463
494. No negro to come into this State on board of any vessel 463
495. Proceedings in such case 4b J
496. Negroes imprisoned under this Act, how to be dealt with 464
497. Penalty for bringing free negroes into this State by sea 464
498. Free persons of color leaving this State, not to return 464
499. Slaves from the West Indies, Mexico, any part of South America, Europe,
any sister State, situated north of the Potomac, or from the city of Washington,
not to be brought into this State ; nor if, in their absence, ihey have been in
any of these places 4d4
500. Free negroes, shipwrecked or driven by unavoidable accident, exempted from
the operation of this Act 4b5
501. This Act not to extend to free persons of color on board of vessels of war, nor
to free American Indians, free Moors, or Lascars, or other colored subjects of
countries beyond the Cape of Good Hope, who may arrive in this State in any
rrerchant vessel 465
502. Penalty on masters of vessels making a false return 465
503. Penahy on sheriffs for neglecting their duty 465
504. Prosecjitions unJer this Act to be maintained without limitation of time 465
505. Parts of former Acts, of 20ih December, 1820, and 21st December, 1822, re-
pugnant to this, repealed 465
506. Harbor-master need not report to the sheriff 465
507. Free negroes not to carry fire-arms 466
508. No free person of color to be engaged as a pioneer 466
509. If any packet or merchant vessel shall arrive in any port or harbor of this
State, from any other State or foreign port, having on board any colored persons,
it shall be the duty of the Sheriff of the district to repair on board such vessel,
and to order the captain to move his vessel in the stream, at a distance not less
than one hundred and fifty yards from the wharf, and to load and unload with
lighters 466
510. If any captain thus ordered to move his vessel, approach or lie at the wjiarves
of the ports or harbors of this State, or shall load or unload otherwise than as
■herein directed, he shall forfeit the sum of one thousand dollars ; one half of
which shall go to the sheriff or person informing, the other to the use of the
State 466
G90
INDEX.
SLAVES, (continued.)
'''■oo,fn7J''''' "'f.'f'!^'-^^!^^" "«' -tend to the proper merchant vessels of
coun rtes ,n vvh.ch free Moors, Indians, Lascars, or other colored subjects of
to be Tm ?'", the Capeof Good Hope, (heretofore excepted.) are accustomed
persrsTel:^:^::;'.!:':"^""^^^''''^^^^^^^^"^'^--" --''^h such colored
'''■ hi?.'? '"•''" """' f '" '' cons^ued'to" pr^; "enV f^ee' pe^ons oV coio; from'"''
ca se ,0 hH '"'° 7 / "'' ^"^"'"'^'^ ""'^^^ "'' ^™ ^^'' -hen there is
ope" fon !". Z^'" "' °' '"■' '"""' "^ '° ^^^-"P^ "^^'" ^'•"^ "^
ihe former Act ' '^^ ^''' '° ''"'' ^'"""^ ""^^''^^^ "^ neglect under
514. No slave or free person of cobMo k;ep o;';m;;i;y';'s;ill fo^di^inii^yiiHt^V^'^
515. Still to be forfeited, and mode of sale. ^°'
'''■pen^itfr.!;:,'' ""''"''' " '°"^""^' '" vend;„gVpintuouViiq„o;;\;nd;;"
penalty agamst owner or person having char»e .«-
'''■andTo'hr'"';",'"'"?'''''^'"'' ■'' --demeanor if ^^mmitVed b"y a' sia;;*, '
and to be punished as such ^.a> e,
518. Owner allowed his challenge in 'alV iriai oV slaves forcapit'aV offen;;sVb;u"'^^^
not to extend to more than three freeholders ... P "' onences , but
519. No slave to be tried for any offence until his owne'r', or^i'n his'ab^e,;;;' his
Si : ". :"!::!'!: "°'"' °' ^'^ "^"'^^ ^'^"»-^' -^ ^-'e -^ ;";« :f ■
520 Penalty for teaching"a ■sbvVt;';;ad ^V wri;; 'o^ 'f^' l^,ln, in "teaching"' ;;''''
• causing or procuring any slave to be taught to read or write. . . .. ^' 403
s. r' r ''T "^ '"'""■ " ^'^^^ ^'^^" ^^^P ^"^ ^'^l'-'' - o'l-eVpl'aVe of^i^- "
be .able to he same fine, imprisonment and corporal punishmetit, as are by this
5^2 Pennl', r "'"', '"T" '"'^ ^'^^"^ ^"^ '^^^'^'"^ slaves to read or write.. .468
522. Pena ty for employing a slave or colored person as a clerk 468
523. Penalty for selling spirits to a slave without written orders 469
024. Oaths required before granting license to retail spirits by the commiJsfo^e;;
or corporations granting license ms.sioners
525. That he will not let a slave have spiri.uous'hquors! '.'.'.'.'.'. 4,^
0-6. -niat he has not let a slave have the same during former licence.' ! .' .' .' .' ! '. 469
5-7. What IS sufficient evidence of unlawful traffic. . '""4%
o28. Penalty for gambling with a negro . .
530. How to be proceeded against "^^^
531. Duty of officers upon information '^'^
532. Penalty for not leaving the State ^I^
5.''3. Sheriff's duty on their arrival *.'. '^'^
534. Penalty on masters of vessels ^''^
535. Sheriff 's duty after commitment 'to have'him' wam^d'not to'r'e'turn'.V. 47J
536 Bookto bekept by clerk of the court of persons so warned... . 47
oo7. Justices fees '^
538. Penalty for introducing free nVgroe;'a,;ype;son; of c'ofo; into 'this Stai;: :: '. '. 'S
539. Penalty for returning after leaving the State.... ^'^
540. Not lawful to bring slaves from foreign parts, or from States'non'h of t'he Pot'o '
mac, or from the city of Washington... . '"leroio
541. A slave taken out of this State cannot be' bm;ightback'again,Vf'hehave'b;en"*^^
m foreign parts, or in States north of the Potomac, or in the city of Washington
unless he be a runaway from this State .^o
542. The Sheriff or any other person may arrest such personVand'take" him" before'
a magistrate, who shall commit him to prison until his owner shall make oath
that at no time during the absence of such slave, he has not been in any port or
place prohibited by this Act V,„o
4/3
INDEA. 691
SLAVES, (continued.)
543. If neglected for ten days, magistrate to form a court of two justices and five
freeholders to try the question 473
544. Power of the court 473
545. Cases forming exceptions, by shipwreck, stress of weather, or unavoidable
accident 473
546. Liable, hov^ever, to arrest and imprisonment until he departs ; but to be sub-
ject to all other penalties if he remains thirty days 473
547. American Indians, free Moors, or Lascars, or other colored subjects of coun-
tries beyond the Cape of Good Hope, who may arrive in any merchant vessel. 473
548. Penalty for any false returns by masters of vessels, &c 473
549. Punishment for opposing the execution of this Act 473
550. Penalties on sheriffs, constables, &c., neglecting or refusing to perform their
duties under this Act 474
551. So much of the Act of 20th December, 1820, to restrain emancipation, &c.,
and of the Act of 21st December, 1822, for regulating and governing, &c., as
are repugnant to this Act, and as concerns the duty of the harbor-master, and
an Act of 20th December, 1823, the more effectually, &c., repealed 474
552. No free person of color to carry fire-arras or other dangerous weapons abroad
with him, except with a written ticket from his guardian, under penalty ; nor
shall he act as pioneer, though he may be subjected to military fatigue duty 474
SLAVE TRADE,
1. Penalty on any person importing a slave into this State contrary to the instal-
ment Act 430
2. No slave to be imported into this State from Africa, the West India Islands, or
other place beyond sea, for two years from 1st January, 1793 431
3. No slave or colored person, bound to service for a term of years, shall be
brought into this State, by land or water, from any of the United States, or any
of the countries bordering thereon, ever hereafter ; provided, it may be lawful
for any citizen of the United States, coming to settle with his family in this
State, from any of the United States, and actually settling for five years, to
bring along with him all such slaves as he may possess, in his own right, or as
guardian for any person removing with him ; but no person shall be permuted
under color of such removal, to bring with him for sale, the slave of any other
person 43I
4. Provided, also, if a citizen of this State intermarry with the citizen of another
State, to bring into this State all slaves acquired by such marriage 432
5. The Act not to extend to servants or domestics of persons travelling to and
from and into this State, from any of the United States, or to the domestics
of persons arriving from any other place, and residing not more than six months
in this State ; but such servants or domestics may be .sold or remain in this
State, at the departure of their owners 432
6. If any slave or person of color, bound to service for a term of years, shall be
brought into this State, he shall be taken as a forfeiture to the State ; one third
to the informer, and person bringing him in subject to a penally of fifty pounds. 432
7. Magistrate's duty, on information furnished against the importer, and to take
slave, summon a court of freeholder^, &c 432
8. Appeal allowed 409
9. The importation of negroes into South CaroUna, prohibited until 1st. Janua-
ry' 1^39 434
10. Penalty for importing one 434
11. The prohibition extended to 1st. January, 1803 43g
12. Slaves or persons of color prohibited from being brought into or entering the
State 43g
13. Proceedings and duty of justice of peace in such cases 437
14. Oflicersof the militia to execute warrants of the justice 437
15. Entitled to pay 400
16. Penalty for not obeying the warrant 433
17. Sheriff to sell such slaves, and how to appropriate the nett proceeds 438
692 INDEX.
SLAVE TRADE, ^continued.)
18. Informer, a competent witness 438
19. Persons charged with bringing in slaves, to disprove the charge 438
20. Persons unjustly charged, to be liberated by the justice and freeholders 438
21. This Act not to prevent pensons from migrating to this State 439
22. On what conditions those migrating to the State may bring in a slave .439
23. Penalty on tax collectors for not giving information of any slave he may know
to have been brought illegally into the Slate 439
24. Penalty on persons bringing slaves into the State, and on ferrymen and bridge
keepers suffering them to be brought in 439
25. Time of prosecution 440
26. General issue may be pleaded 440
27. This Act to be of force for three years 440
28. Penalty for bringing slaves into the State 444
29. Every such slave to be sold 444
.30. Warrants to be issued for their apprehension 444
31. How to be disposed of when committed to gaols 444, 445
32. Oath to be taken by magistrate and freeholders 445
33. Persons charged with bringing slaves into the State, must exculpate them-
selves 445
34. Oath to be taken by the keepers of ferries 445
35. Appropriation of penalties 446
36. Under what restrictions slaves may be brought into the State 446
37. Penalty for neglect of duty under this Act 446
38. The law to prevent slaves being brought into this State, amended, so far as
they' prevent citizens of other Slates passing through this to any other State,
with slaves, their own property ; provided, they take the oath prescribed 447
39. Oath to be lodged at the clerk's office, and magistrate to give certified copy
of it, certified by the clerk, to be produced on demand 447
40. Citizens of other States coming to settle in this, may bring their slaves 447
41. Not to prevent any citizen of this State bringing in any slave acquired bona
fide, by descent, w'ill, deed of gift from parents to children, the consideration
being natural love or marriage 447
42. Oath to be taken by persons moving to this State with their slaves 447
43. Slave bronglrt or imported into this State contrary to law, to be free 448
44. Guardian of slave claiming freedom, liable to double costs, if his action fails. .448
45. The Acts of 1792, 1794, 1796, 1798, 1800 and 1802, relative to the importa-
tion or bringing of slaves or persons bound for a term of years into the State,
repealed 449
46. The importation of negroes or persons of color, from the Bahama or West
India Islands, the continent of South America, or the French West India
Islands, prohibited 449, 450
47. No male slave above fifteen years old, to be brought into this State from any
sister State, unless the person bringing him shall file in the office of the clerk
of the district where he resides, a certificate under the hands of two magis-
trates, and the seal of the court of the district where the negro had resided for
the last twelve months previous to the date thereof, that such negro was a per-
son of good character, and has not been concerned in any insurrection or rebel-
lion 450
48. The Act of the 20th December, 1800, (page 436,) to prevent slives being
brought into this State, and an Act supplementary to that, passed 19th Decem-
ber, 1801, (page 444,) declared to be in full force and operation, so far as the
same applies to provisions contained in the preceding clauses of this Act; and
the first Act declared a perpetual Act 450
49. Negroes or persons of color, bond or free, entering the State contrary to this
Act, to be forfeited. 450
50. Proceedings for that purpose 450
51. Moses Glover and others, permitted to bring certain slaves into the State 450
52. The same privilege allowed to Thomas Hunt 451
53. Negroes or persons of color coming into this State, and not being claimed by
INDEX. 693
SLAVE TRADE, Lcontinued.)
any one, how to be proceeded against 451
54. Negroes or persons of color coming into this State, and not claimed by any
one, how to be dealt with 451
55. No negro or person of color, bound to serve for a term of years, to be brought
into this State 451
56. Forfeited if so brought ; one half to the informer and the other to the State. .452
57. Penalty for bringing one in 452
58. Persons travelling with not more than two slaves, excepted on certain condi-
tions 452
59. Persons passig through the State, also excepted, on certain conditions 452
60. Second offence, felony 452
61. Penalty for purchasing negroes brought in contrary to this Act 452
62. Slaves may be seized ; and proceedings thereon 453
63. Persons accused of violating this law, to prove themselves clear 453
64. Oath to be required by each tax collector of any person returning their taxes. .453
65. Proviso in favor of persons who made purchases before this Act 454
66., The Act to prohibit the importation of slaves, from any of the United States,
amended 455
67. Slaves out of this State, owned by persons in it, before December 19, 1816,
allowed to be brought in 455
68. How such slaves may be brought in 455
69. License, how to be obtained to bring in such slave 455
70. Copy of will to be produced, and other proceedings 456
71. Judge to hear petitions and grant licenses 456
72. Slaves not to be levied on to defeat the objects ot this Act ; how they may
be levied on 456
73. No slave brought into this State, under this Act, to bo disposed of within three
years 456
74. Slaves may cross and re-cross Savannah river 457
75. Also, the North Carolina line 457
76. Slaves lodged in gaol under the provisions of this Act, and not claimed within
three months, may be sold 457
77. The Actof December 1816, prohibiting the importationofslaves into this State
from any of the United States; also, an Act to amend that Act, passed 18th De-
cember, 1817, repealed 458
SOLE TRADERS.
1. Femes coverts, sole traders, may sue in the name of their husbands, and prove
their books and accounts, as if they were sole 187
SOLICITORS (STATE SOLICITORS.) See Attomeij General'and' Solicitors'.
SOLICITORS IN EQUITY.
1. Their fees 307
2. Penalty for taking unlawful fees 308
SOUTH CAROLINA COLLEGE.
1. To educate one youth annually, sent to them by the commissioners of the
Charleston Orphan House; to remain not longer than (oQr years 133
2. One hundred and forty dollars annually appropriated for each student 133
3. Vacancies, how filled J33,
SPECIAL BAIL. See Commissioners of Bail. See Bail.
SPECIAL COURTS. See Extra Courts.
1. Special courts of law may be ordered by the associate judges, to hear cases
criminal and civil which may be ready for trial, and a copy of the order to be
sent by the clerk of the court of appeals, to the clerk of the circuit court where
the appeal court is to be held, and to publish it in such papers as the judges
shall direct 3117
2. One judge to hold the special court , 317
3. Clerk to issue «e?u're for jury 317
4. Jurors liable to penalty for non-attendance 317
5. Mode of drawing 3^7
6. All causes pending to be continued, and to have day at the special court 318
VOL. VIL— 88.
694 INDEX.
SPECIAL COURTS, (continued.)
7. And witnesses must attend 3]g
8. The judges of the appeal court in equity, may order special courts in any
equity district, for hearing causes and motions ready for trial 317
9. Notice to be published 317
10. All causes depending, to be continued, and to have day at the special court.. .319
11. And witnesses bound to attend, as to the regular court 318
12. The court of appeals, of law and equity, may order special courts of law or
equity 326
SPECIAL COURTS IN EQUITY.
1. May be held by the chancellors, when deemed necessary 340
SPECIAL JURIES. See Jury and Jurors.
SPIRITUOUS LIQUORS. See Retailing.
1. No slave to be employed as clerk or otherwise, in vending spirituous liquors.. 467
2. Penally for selling, giving, or otherwise delivering to a slave any spirituous
liquors, except upon the written and express order of the owner or manager. . . .469
3. Oaths to be required by the commissioners before granting licenses to retail
spirituous liquors 469
4. For the first license, that he will not let a slave have spirituous liquors; and
for the second, that he has never let aslave have any during his former license.. 469
5. On a charge for trafficking with a slave, what shall be sufficient evidence of
unlawful traffic 469
SPOON SAVANNAH 513
STATE STREET.
1. Authorized to be laid out in Charleston, of Union and Motte streets J31
2. Compensation to owners of lands used 131, 13S
STEALING. See Larceny.
STEALING AT NIGHT.
1. If any person shall kill a slave stealing in his house or plantation by night,
the slave refusing to submit himself, such person shall not be liable to any
damage or action for the same; any law, custom or usage to the contrary not-
withstanding 347
STEALING A SLAVE.
!■ No person shall attempt to steal or carry off any slave, on penalty of sixty
pounds ; but whoever shall actually do the same, shall be guilty of felony, and
be excluded from the benefit of his clergy 345
2. If any white person shall attempt or persuade a slave to leave his master's
service, with intent to carry him off from the Province, he shall forfeit twenty-
five pounds; or if more negroes than one, ten pounds for each 357
3. How to be recovered 357
4. How punished if fine be not paid 357
5. But if such person shall actually tempt or persuade off such slave, or be taken
in the act, and be legally convicted at the court of general sessions, he shall be
held guilty of felony, without benefit of clergy ; and shall suffer deaih 357
6. If any slave shall tempt or persuade a slave to leave the service of his mas-
ter, wiih intent to go off from the Province, he shall, on conviction by two jus-
tices and three freeholders, receive not more than forty lashes, and be branded
on the forehead ; and if he succeeds in persuading or tempting a slave to leave
the service of his master, and him actually convey away or send off from the
Province, or be taken in the act, upon conviction, shall suffer death 358
7. And a slave so runaway, or detected in the act, shall suffer death or other
punishment, as the justices and freeholders shall think fit 358
8. To enveigle, steal, or carry away a slave, or to hire, aid or counsel any per-
son to enveigle, steal or carry away any slave, so as to deprive his owner or
employer of his use and benefit, or to aid any slave in running away from his
master or employer's service, made felony without the benefit of clergy 426
STEPHENS'S CREEK.
1. Passage for fish to be kept open 531
STILLS AND STILL-HOUSES.
1. Penalty for keeping in Charleston 42
INDEX. 695
STILLS AND STILL-HOUSES (continued.)
2. No slave or free person of color allowed to employ one, to distill spirituous
liquors. To be forfeited 467
STOLEN GOODS.
1. If any slave shall inform any justice of the peace, of stolen goods sold to
a white person by a slave, and if upon search, by virtue of a warrant from the
justice, the goods shall be found and proved to be stolen, the slave so inform-
ing shall receive fro.Ti the offender, the sum of two pounds, over and above the
penalty by law appointed 367
STONO RIVER.
1. Cuts and drams on 492, 536, 587
2. The Act relating to certain drains on this river, repealed; and other drams
ordered 506
3. Communication to be opened and enlarged between it and Ashley river 521
4. On its north-east branch. . . 528
STORAGE.
1. Of cotton in Charleston, not to exceed twelve and a half cents per week for
each bale 121
2. The rates in Charleston regulated 122
STRIKING.
1. A slave how punished for striking or offering other violence to a white person. 343
2. Not punishable if the striking or conflict be in defence of his master's person. 343
3. Trial and punishment of a slave for striking a white person 390
SUBPOENA. See Process.
SUBPCENA AD RESPONDENDUM.
1. To require the defendant to appear on a certain day, and to put in his plea,
demurrer or answer, within thirty days after, and shall be served at least ten
days before ihe appearance day named in the writ 306
2. The master or commissioner of the said court, or one of the chancellors at
chambers, may, on good cause shewn on oath, extend the time to plead, answer
or demur, for such period as shall be considered necessary; provided, the same
does not extend beyond the time appointed for docketing the cause for the next
court 306
SULLIVAN'S ISLAND.
1. Town Council of Charleston to assess lots on, to defray expenses of building
a pest house on it 113
SUNDAY.
1. No process, but for treason, sedition, felony, riot, or breach of the peace, on
behalf of ttie State, or upon escape out of prison or custody, to be served on
the Sabbath 225
2. Penalty for employing a slave at work on Sunday, except in cases of absolute
necessity and necessary occasions of the family 404
SUPERCEDEAS.
1. When granted on proceedings in the county courts 220
SUPREME COURTS. See Courts {Supreme General Court.)
SURVEYS. See Trespass to try Titles.
1. Where titles are in dispute, the justices of county courts to appoint sur-
veyors 171
2. Where lands and plantations are m dispute, the chief justice and assistant
judges of the general court shall appoint surveyors, who shall make a plat and
survey of the same, and return it to the court to be given in evidence 177
3. So in case of trespass or waste, the supreme court may appoint viewers to
ascertain the damage, who shall make return on oath, which shall be received
in evidence, if the court sees fit 177
SWINE.
1. Not to go loose in Charleston 5
2. Penalty and forfeiture 5
3. May be killed 5
4. Fine 5
5. Exceptions 6
696 INDEX.
SUM. PRO.
1. Every one may conduct their own Sum. Pro. before the judges 200
2. One judge in county court to try all Sum. Pro 243
3. Decrees under, being duly docketed, shall be as effectual to bind real proper-
ty, as other judgments ; and the executions levied upon it, as other executions. 282
4. In all cases of summons and petition on liquidated demands, in which the
defendant shall make no defence, it shall not be necessary for the plaintiff to
prove his demand, but on motion to the court, decree shall be entered as if the
same had been proved ' 309
SUMTER.
1. Commissioners to fix on new place in, for court house 289
TAR, PITCH AND TURPENTINE.
1. Not to be boiled in Charleston 42
TAVERNS AND TAVERN KEEPERS.
1. To be licensed, or suffer penalty 172
2. To he licensed by county courts, yearly 236
3. Those licensed to give bond, to keep clean and wholesome moat and drink,
and lodging for travellers, and usual provender for horses 236
4. Penalty for keeping tavern without a license 236
5. Rates of tavern charges, how to be regulated 237
6. Rates to be affixed in public places of his house 237
7. Tax on, by the county court, for benefit of county 243
8. Jurisdiction of the county courts, extended over all taverns and tavern-keep-
ers, who retail any wine, brandy, rum, gin, beer, cider, punch, or other spiritu-
ous liquors distilled from the produce of his own land, in any quantity less than
one gallon 248
9. For a tavern license, 30 shillings, and 5 shillings to the clerk 248
10. License to, may be granted by the county court, at any court during the year. 268
11. Licenses to be granted to, by commissioners of the roads 299
TAXES AND TAX COLLECTORS.
1. Of the State, allowed to be paid in rice, and mode of doing so 71
2. Collectors of taxes, where they levy on property for the taxes, not less than 5
shillings, shall advertise the same for three weeks, in one or more gazettes, if
any, and post up notice thereof at three of the most notorious public places in
the county or parish where there is no gazette, with the time and place of sale,
the sum due by the defendant, and the property levied on and for sale ; but if
levy be for less than 5 shillings, sale may immediately be made, without fee. . . .276
3. All sales of collectors to be made at the court houses of their counties, and at
the most public and notorious place in the parish or district, where county courts
are not established, nearest tlie defaulter's residence, or where the property may
be found, on Mondays and Tuesdays of each week 277
4. Not to put up in one lot, more than he believes will be enough to pay the
debt due, and costs. And if the sale be of a negro, he shall sell the same for
no longer term than one year 277
5. If the sale leaves a balance, collector to pay over the same to the .sheriff of the
district, to be applied to judgments, in the order of priority 277
6. Sales made in any other way, void 277
7. Tax collector to furnish sheriff with list of voters of the district, and distin-
guishing such as paid 5 shillings, and less than 15 shillings, and such as paid 15
shillings and upwards, the year preceding 280
8. Proceedings to be revived against defaulting collectors .298
9. May issue execution to collect the penally for not employing a white man or
overseer on every settled plantation, having more than ten workers 442
10. Owner must return the fact to him on oath 442
11. Tax on free negroes or persons of color 461
TEACHING A SLAVE,
1. To read or write, or cause or procure one to be taught, how panished 468
2. Penalty for slave or free person of color, keeping a school to teach slaves or
free persons of color 468
•g?ESTE. See Process.
INDEX. 697
TESTIMONY. See Evidence.
TICKET.
1. No slave to leave a plantation without a ticket from the owner or person hav-
ing charge of him, unless such as usually wait on their person; or one or more
white men in their company 343
2. Ticket to state names and numbers of slaves, whence they are coming and
going, and time 343
3. Penalty for sending a slave without such ticket 343
4. Without such ticket, may be taken up as a runaway 343
5. Penally for not taking up and punishing slaves by moderate whipping, com-
ing into one's plantation or place of charge without a ticket 343
6. No master, overseer, or other person having in charge a negro slave, shall
give their negro slaves leave, on Sundays and holydays, or at any other lime, to
go out of their plantations, except such slave usually wait upon them at home
and abroad, or wear livery ; and every other slave so taken without a ticket in
writing, or a letter, or some white person be in his company, to give an account
of his buriness, shall be whipped 352, 371
7. Person neglecting to apprehend a negro under such circumstances, or after
apprehending, neglect to give him a moderate whipping, to forfeit 20 shillings;
one half to the poor, and the other to the informer 352, 371
8. No slave to make other use of a ticket than that for which it was given to
him 352,372
9. Every ticket shall mention the name of every slave employed in the business,
to what place they are sent, and what time they return ; and if any one shall
give a negro a ticket in the name of his master, without his consent, he shall
forfeit the sum of twenty shillings 352
10. For the security of such as shall endeavor to take a runaway, or shall exam-
ine a slave for his ticket, it is laivfid for any white person, to beat, maim, or as-
sault, and if the slave cannot otherwise be taken, to kill him who shall refuse
to shew his ticket, or by running away or resistance, endeavor to avoid being
taken 353
11. No owner shall give a ticket to go to Charleston, or from plantation to planta-
tion, on Sunday, unless it be on particular business not reasonably to be delay-
ed, under the forfeiture of ten shillings ; and in every ticket given, the particu-
lar business shall be mentioned, or the slave shall be dealt with as if he had no
ticket 354
12. Every master or overseer may whip any strange negro or other slave, coming
to his plantation with a ticket, on Sundays, fast days, holydays, or any other
times, unless it appear that the business of the slave was to the master, and not
to visit or loiter with other negroes 371
13. No slave shall make further use of a ticket than was intended by the person
giving it. Every ticket shall be dated, mentioning the names of slaves sent,
whither sent, and when to return 372
14. Punishment for counterfeiting a ticket 372
15. If any one gives a slave a ticket in the name of his master, without his con-
sent, to pay 40 shillings 372
16. Penalty if he is not able to pay the 40 shillings 372
17. Slave may be compelled to shew his ticket 372
18. Not to be given to go to Charleston, or from plantation to plantation, on Sun-
days, but on particular business 373
19. When a slave is required to have one, an d what it must specify 385, 386
20. Penalty for giving a negro a ticket in the name of his master or overseer with-
out his consent 386
21. What a white person may lawfully do to compel a slave to shew his ticket, or
to prevent his running away to avoid the same 386
22. When a slave is allowed by ticket to bear arms, and when prohibited. . . ,386, 387
23. No slave allowed to leave a town or plantation without a ticket, the form of
which is prescribed 398
24. Penalty for giving a ticket without authority 399
25. When a slave required to have one 410
698 INDEX.
TITLE,
1. To freehold, in tha county courts, to be tried where the land lies 171
TOBACCO INSPECTION.
1. Commissioners of tobacco inspection in Charleston authorized to collect a sum.
not exceeding 10 cents per week, as storage, for every hogshead of toba jco
that may remain in store longer than 12 months 118
2. All tobacco to be weighed before sale ; provided, 12 months have elapsed since
its inspection ; and twelve and a half cents to be paid for weighing 119
3. Six cents per bale for storing cotton, and six cents for weighing, and six cents
per hundred for storing and weighing all other produce 119
TOLL.
1. City council of Charleston may receive usual toll of wharves for goods landed
at Slip at end of Queen street: things brought and going over Hibben's Ferry
excepted ^^^
2. On communications between Ashley and St<mo rivers 521
TORT.
1. No action of tort can be tried by a justice of the peace 268
TOWN COUNCIL,
1. Of Charleston, incorporated 97
2. How elected ...97, 98
3. Powers 98
4. Lands vested in 99
5. In case of riot 99
6. Powers enlarged, and may commit for penalties and forfeitures 101
7. May draw lotteries, regulate assize of bread, and may pull down or remove
any building on any wharf, or within fifty feet of the curtain line on the bay . . . 101
8. To authorize construction of ware houses, &c., on wharves, and make regu-
lations for health of the city 101
9. Jurisdiction of matters not exceeding £20, except where titles of lands come in
question 102
10. A court of record, and to have all powers of the court of common pleas and
admiralty 102
11. In case of sickness or temporary absence of Intendant, council may elect a
warden in his place 102
TRADING,
1. Slave prohibited from trading 409
TRADING WITH A SLAVE.
1. If any person is suspected of trading with a slave, any justice of the peace
may take from him sufficient recognizance not to trade witii any slave contrary
to law ; and if it shall afterwards appear that he has, or has had, or has shipped
off, any goods suspected to be unlawfully come by, any justice of the peace
may oblige him to appear at the next general sessions, and he shall be obliged to
make proof how be came by the goods, and unless he do this, his recognizance
shall be forfeited 353
2. Any person dealing with a slave, for abo/e the value of five shillings, without
a license from his master or overseer, and contrary to the true intent of the
laws in that case provided, may either be prosecuted for the fines and forfei-
tures given by law, or may be prosecuted and indicted as accessary to felony,
in receiving such goods which are adjudged to be stolen. Provided, such in-
formation given be made in three months after the offence committed and dis-
covered, and be prosecuted to effect at the next general sessions ; but no per-
son to be punished twice for the same offence, by the recovery of the fines and
forfeitures, and also by being prosecuted as accessary to felony 367
3. Dealing or trafficking with a slave without a ticket, penalty thereof 434
4. Penalty on any person who, by himself, or any other acting for him, as his
clerk, or otherwise, directly or indirectly, trades or trafficks with a slave, not
having a permit so to do 454
5. If any one purchase of a slave he shall retain his permit, and if prosecuted
shall produce the same, and prove its authenticity 454
INDEX. 699
TRANSPORTATION.
1. All slaves who shall be found guilty of any capital crime, (murder excepted,)
for which they used to receive sentence of death, shall be transported from
this Province, by the public receiver, to any other of his Majesty's plantations,
or otlier foreign part where he shall think fit to send them, for the use of the
public ; and the said slaves shall be appraised as directed by law, by the justices
and freeholders, or a quorum of them, and their value shall be paid to their
owner, out of the public treasury ; and the public receiver for the time being
shall pay the same 366
2. The law allowing compensation from the public treasury for slaves transport-
ed for certain offences, repealed 369
TRESPASS,
1. In a white man, is a misdemeanor in a slave i 468
TRESPASS TO TRY TITLES,
1. Titles to freehold only triable in county courts, in the county where the land
lies i71
2. Where lines are in dispute, justices to appoint survey ers 171, 177
3. And in case of trespass or waste, viewers may be appointed 177
4. In actions of trespass to try title to land, the plaintiff or his attorney shall in-
dorse on the original and copy writ that the action is brought to try the titles as
well as for damages ; and the judges of the court of common pleas may form
such reasonable rules, and lay the parties under such reasonable terms, as will
bring them to trial on the merits of the case, conformably to the principles of
trials by ejectment, under the former law and practice of the courts 276
5. Where the verdict amounts to four dollars, full costs allowed ..297
6. The city court of Charleston has no jurisdiction to try titles to lands 302
TRESPASS ON THE CASE.
1. Full costs allowed where the verdict amounts to four dollars 297
TRESPASS VI ET ARMIS.
1. Plaintiff not to have more costs than damages, where the verdict is under
forty shillings, unless the court (county court) shall enter on record its opinion
that such trespass was wilful and malicious 231
2. Where there are several defendants, and verdict for one, he shall have his
costs, unless the court shall certify that there was reasonable cause for making
him a defendant 231
TRIAL FOR FREEDOM.
1. In case any negro, mulatto, mestizo or Indian, shall lay claim to his free-
dom, the same shall be finally heard and determined by the Governor and
Council of this Province 352
2. To be tried by the general court in Charleston, if within that jurisdiction, and
by the precinct and county courts, if within their jurisdiction 371
3. Proceedings in such cases in the court of common pleas 398
4. Guardian how appointed 398
5. Defendant to enter into recognizance to produce the slave unabased 398
TRIAL OF SLAVES, See Court for trial of Slaves.
TROVER.
1. Full costs allowed incases of trover, where the verdict amounts to $4 297
TULIFINY CREEK,
1. Made navigable 523
TUGALOO RIVER,
1. Navigation to be improved 561
TYGER RIVER,
1. Passage for fish to be kept open 531
2. Commissioners to report if it can be made navigable 579
UNION-STREET,
1. And Unity Alley, a company authorized (o open 129
2. Company incorporated 129
3. Houses in the said street and alley to be built of brick 130
4. Corporation ceases, unless work commences in 6 months 130
700 . INDEX.
VENDITIONI EXPONAS.
1. When to be issued from the county courts, and form of the writ ; . .229
VERDICT.
1. Full costs allowed in all cases of trespass to try titles, trespass on the case,
trover, detinue, or any of them brought to try title to property, if the verdict
amounts to $4 297
WACCAMAW RIVER.
1. Commissioners to clear it 524, 527, 579
WALL'S CUT,
1. Tobecleared, &c 532, 539,556
WAPPOO CREEK,
L To be made navigable 486, 499, 501, 521
WARDS,
1. Of the city of Charleston, authorized to be defined by the City Council 122
2. The city of Charleston lo be divided into four wards, to be represented in
proportion to population and taxation, .the number of wardens not lo exceed 12.
The representation to be apportioned by the Council every seven years. Elec-
tions when to be held 126
3. The Ordinances dividing the city into four wards, confirmed 135
WARDENS OF CHARLESTON,
1. How elected 97
2. Powers 98, 99
3. Election 100
4. Vacancies how filled 100
5. Penalties for refusing to serve, and for malpractice in office 100
6. Exempt from serving on juries Ill
7. Qualification for, and of voters for 125
8. To be apportioned among the wards according to population and taxation — .126'
9. Number not to exceed twelve, and representation of different wards to be
apportioned according to population and taxation. Number of each ward to be
apportioned by council every seven years 126
10. Elections for, when to be held 126
11. Qualification of voters 138
12. Names to be registered 139
13. List to be made out 139
14. Persons swearing falsely, how to be punished 139
15. Wardens to be elected by general ticket 139
16. Registry law explained 142
17. Title changed to Aldermen 148
WARDEN OF THE WORK HOUSE,
1. In Charleston, his duty as to runaways 405, 406
2. Proceedmgs when any runaway is delivered to the warden of the work
house in Charleston 406
WASTE, See Injunctions.
1. In case of trespass or waste, the supreme court may appoint persons to view
the waste or trespass, and make return thereof on oath, and the same shall be
allowed as evidence, if the court sees fit 177
WATCH,
1. To be raised in Charleston 2, 4
2. Hours of guard 2
3. Substitutes to be found 2
4. Defaulters, how dealt with 3, 4
5. Fines, how disposed of. 3
6. In Charleston, to be raised 7
7. List of male inhabitants to be made, six of whom to hold night watch 7
8. Hours of watch 8
9. Governor may double the watch in time of eminent danger 8
10. To watch alternately 8
11. Defaulters, how dealt with 8
12. Constables to give a certificate to each person who watches 8
INDEX. 701
WATCH, (conlinued.)
13. Negroes going about at unseasonfible hours, to be taken up and carried next
morning to their masters, who shall [lay ]s. and 6d. for each negro 8
14. Each family in t.'harleslon to furnish. a watch 17
15. Watch house to be built 17
16. Substitute to be approved of...... 18
17. Person sleeping on watch 18
18. Ne,,froes when to be taken up _ 18
ly. i^Iaster to pay the constable Is. and 6d 18
20. Duty of Constalile '. 18
21. Officers of. 23
22. Their pay 24
23. Duty of watch , 23
24. Penalty for neglect 23
25. Captain's duties and power.? 23, 24
26. Sailors may be taken up at n'ght in Charleston, after the watch is set, if
found in the public houses, and kept till morning 24
27. Watch to be armed 24
28. If found drunk .' 24
29. Fund for watch 25
30. Commis.sioners to as.sess 25
31. Right oi' appeal 26
32. Vacancy in assessors, how filled 26
33. Commiasioners's powers 26
34. Vacancty in commissioners, how filled 26
35. Penalty for neglect of duty 27
36. Watch to attend the Governor to church. May be reduced 27
37. For the Southern part of the Colony 32
WATER LOTS, CHARLESTON.
1. Regulations regarding them 69
2. No buildings but wharves to he built tliereon 70
3. Not legally vested in individu ds vested in city council 157
WATEREE RIVER,
1. To be made navigable 504, ,503, 539
2. Navigation to be improved 531, 538, 519, 561
3. Commissioners and amount appropriated 578
WATT'S CUT,
1. To be made navigable 486, 498, 499, 501, 502, 510
WEIGHTS AND MEASURES.
1. The justices of county courts in the several counties to regulate weights and
measures within their jurisdiction, and enforce the observance 242
WHARFAGE,
1. In Charleston, ascertained and regulated 122
WHARVES IN CHARLESTON,
1. On Cooper river, to be protected by a wall 16
2. Other regulations 16
3. No house to be erected eastward of the wall 16
4. Persons budding a brick house at least two stories high, may place a piazza
on the wharf on front lo s 17
5. Grants of lots eastward o( the wall void 17
6. Limits eslaulisheJ 151
7. Plat of to be recorded 151
■ 8. Not to ob.struct navigation 151
9. How lo be marked out and limits defined 151
10. City surveyor to see this law enforced ^52
11. Water lots,. 151
WITNESS,
1. In county court, his duty, liabilities and compensation 170
2. In chancery, to be examined in open court 26R
VOL. VIL— 89.
702 INDEX.
WITNESS, (continued.)
3. Aged, sick or infirm persons, or witnesses out of the State, may be examined
in the court of chancery by commission 259
4. When to attend tlie circuit court in Charleston, in country cases , 316
WINTON COUNTY,
I. Its limits defined 244
WINYAW,
1. Cut from 475
WOOD,
1. Growing or being in Charleston, not to be cut by a slave, (except on his mas-
ter's land,) unless he has a ticket, under penalty 11
WOMAN. See Dower. Inhentance.
WRITS. See Process.
1. In county court 169
2. All mesne process in the county courts to be directed only to the marshal of
the county where issued, except for a debt bona fide of £100, which shall issue
out of the general court at Charleston, and run into all the counties, and e: cept
for a debt contracted before the Act, in which case process shall run into all
the counties 175
3. All writs in the supreme court to be returnable before the justices 185
4. Writs and mesne process in the court of common pleas, how and when to be
made returnable 190
5. How to be served and indorsed 190
6. All process in civil actions, triable in the circuit courts, to be issued from and
made returnable to the court of common pleas in Charleston, and served in the
district where the defendant resides or is found .' 200
WRITS IN CHANCERY. See Injunctions.
1. To be signed by the register, and grantable of course, except writs of injunc-
tion 163
WRITING.
1. Penalty for teaching a slave to write 413
END OF THE SEVETVTH VOLUME.
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