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

The 
Univeisity of South Carolina 




Coleman Karesh 
LawLibiaiy 



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 



STATUTES AT LARGE 



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, £ 9 4 

For every search for any thing above a year's standing, 10 

For searching and reading, or shewing to be read, any paper or 

record, filed within the office, whereof a copy is not desired, 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. 






2 


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6 





2 


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1 


6 





2 


6 





2 


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1 


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1 


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1 











6 






2 








2 











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1 








2 








2 






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, 4 8 

For every trial, where there is a special verdict, or case agreed, 

and recording the same, 6 

For swearing the witnesses in every other cause where there is 

no jury or case agreed, 10 

For filing the papers of each party in every cause, and where 

there is a jury or case agreed, 2 

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, 3 

For recording the acknowledgment of the satisfaction of a 
judgment, 2 

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, 16 

For a copy thereof, to be taxed and charged in like manner, 10 

For an attachment thereon, to be charged to the party agamst 

whom such attachment shall be issued, 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, 









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1 








1 








2 








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2 








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2 


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2 








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240 STATUTES AT LARGE 

A. D. 1785. Acts relating to Courts. 

and for issuing execution, where such matters happen, 10 

For a summons for several witnesses living in one county, if 

summones for all be taken out at one time, 2 6 

For recording any writings not herein particularly mentioned, 

or for a copy thereof, for every ninety words, 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 
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, 3 6 

For serving a subpoena for a witness in any cause in court, ex- 
cept summoned in court, 2 6 

For summoning an appraiser, viewer, or witness to any deed, 

will or writing, if required to be summoned, and not else, 2 6 

For summoning and impanneUing a jury, in every cause where 

a jury shall be sworn, 2 

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, 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, 3 






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4 8 



OF SOUTH CAROLINA. 241 

Acts relating to Courts. A. D. 1785. 

For executing any condemned person, and all fees incident, 10 

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, 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, 3 6 

For whipping a slave by order of court, to be paid by the 

county, 5 

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, 5 

For every person on attachment, summoned, 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, 5 

For keeping and providing a debtor in goal, each day, 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, 10 

For serving a warrant of a justice of peace, 2 6 

For summoning witness before a justice, 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 

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 

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, 7 6 

VOL. VIL— 31. 



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10 





2 


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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, 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 



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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 po