3; s
ACJS OFHE T GENERAL A SSEMBLY OFHE T STATE OF SOUTH-CAROLINA,
FROM F EBRUARY, 1791, TO DECEMBER, 1794, BOTH INCLUSIVE
VOLUME I .
COLUMBIA: P RINTED BY D. & J. J. FAUST, STATE PRINTERS. 1808. INDEX.
ABBEVILLE C OUNTY. AC T e stablishing the times of holding courts in, 1, p: 46. Altered, 2, p. 33 Division line between and Edgefield county, 2, p. 45 fJustices o the peace for, incrcasedto the number 18, 2. p. 220 ABEE Y ETOMIM UBNE EBYONIM SOCIETY. For the relief of orphans and children of indigent parents, incorpo rated, . 2, p. 481 ABSENTEES. Process served on, by posting upon the court-house door of the dis trict, Sec. 1, p. 213 Being executors shall ndt incur a devastavit by proceeding gainst them, 1, p. 291 ACADEMY. YvVAiamsburgh, incorporated, 2, p. 63. Trustees empowered to draw a lottery, 2, p. 64 Of Columbia, incorporated, 2, p. 77 To be established by the Spartar.bura;h Philanthropic society, 2, p. 196 Marlborough, incorporated, 2, p. 454. Trustees of may draw a \oVVcrv, 2, p. 483-4 ACCOUNTS. Of the commissioners of the loan office, to be rendered in by them , to the legislature, 1, p. 60 Of the former commissioners of the treasury^ act to provide for the final settlement of, 1, p. 66 Act to extend do. 1, p. 331 Of all persons unsettled, to be made out and closed, up to the 30th February, 1791, 1, p. 67 Of the present and former commissioners of the treasury to be set tled and closed, 1, p. 67 commissioners of, to continue in office for the space of three years, .1, p 72 Of sundry persons rendered in to the auditor-general, within the time prescribed by law, act respecting, 1, p. 74 Public, a ct to regulate the manner of keeping them, 2, p. 15 Of t ax-collectors to be annually settled with the treasurer, 3, p. 487 Of monies in the hands of certain commissioners, to be rendered to the comptroller-general, 2, p. 488 Toe b raised by the treasurer for money appropriated by the legis lature, , 2, p. 497 To be opened by treasurer for all sums unappropriated, 2, p. 497 Of county court officers, against certain counties, to be rendered to the comptroller-general, who may order the treasurers to pay the same, A 2, p. 520-1 INDEX.
ACTIONS. P ersonal under the limitation act, suspended until 05 March, 179JJ
Of e jectment, fictitious proceedings therein abolished, 1, p. 56 Possessory, m ortgagee not entitled to, ' 65 To t ry title to lands or tenements, to lie bv trespass, 1, p. 66 eMc.y b brought by assignees of bonds, notes or bills, not ncgociable, in t heir own names, 2, p. 215 To t ry title, the plaintiff shall have costs of suit, if the verdict is above 4 d ollars, ' 2, p. 320 ADJUTANT-GENERAL. Salaryf o established for three years, at S 1000 per ann. 2, p. 36 ADMINISTRATORS. W here there are several, and some out of the state, actions may be had against all, by serving those present with process, 1, p. 290 Absent, shall not suffer a devastavit by judgment in such cases, 1,. p 291 AGRICULTURAL S OCIETY. Of S outh-Carolina, incorporated, 2, p. 41 Commissioners o f Columbia appointed to convey two squares of lando t the, 2, p. 184- Empowcred t o sell the estate of the late Dr; John Dclahowc, 2, p. 29 1 ALEXANDRIA C OLLEGE. In Pinckney district, incorporated, 2, p. 186 All t he escheated property within the counties of Union, York and Chester, vested in trustees, "2, p. 302 ALIENS. R esident within the state six months, liable to do militia duty, 1, p. 32 1 Rights and privilegesof denizenship granted to alien friends, 2, p. 273 ALL S AINTS PARISTH. Confiscated and escheated property in, vested in the Winyaw Indi go society, • 2, p. 70 ANDERSONVILLE. Established (in the fork of Tugaloo and Keowce rivers-,) 2, p. 402. Commissioners appointed to lay off, 2, p. 402 ANNUITANTS. H ow and in what manner they are to be paid, 2, p. 311, and 360 APPEALS. S hall be granted in all cases, where the judgment of county courts exceeds 10 pounds, 1, p. 49, Allowed f rom the judgment of a magistrate and freeholders, re specting slaves, ' 1, p. 217, 218 May be made from the judgment of the inspector of flour, to the commissioners, 2, p. 106 May be made from the judgment of the court of ordinary, to the court of common pleas, 2, p. 316 May be made from decisions of the inferior city court of Charleston, te ditto, 2, p. 396 INDEX. APPEARANCE. T >>be entered with the clerk of the court during its sitting, 1, p. 40 APPROPRIATIONS. O f public money, except by act of. the legislature; act to prevent, 2,. p 84 ARSENALS AND MAGAZINES. Keeper of the arsenal, Sec. his salary established, 1, p. 4, 342 n— i Charleston, Sec. shall not administer the said office by deputy, .1,. p 313 — s hall continue in office four years, and give security, 1, p. 343 Land f or building the same in this state, may be purchased by the United S tates, 2, p. 12 ARTILLERY— S ee MILITIA. ' ASHLEY R IVER'. Act e xtending the time for rebuilding the bridge over, and appoint ing an additional number of commissioners, 1, p. 254 ASSIGNEES. Of bonds, notes or bills, not negoci-iblc, may biing suits in their own names, 2, p. 215 ATTACHMENT. Attornies fees on writs of, established, 1, p. 9 "Writs of, demandabie, and may be issiued by any district court, .2, p 315 Not to be served on sheriffs after two years from the expiration of their offices, , 2, p. 42* ATTORNEY-GENERAL. S alary of established, 1, p. 4. Fees of, 11. Sulary altered, 1. p. 357 Authorized to return certain indents to John Lewis Gervais, 1, p 122 M<*y call on the circuit solicitors for assistance in behalf of the state, .1, p 166 Authorized to revive all suits, either in law or equity, against tax- collectors and others, 2, p. 322 ATTORNIES. In the superior courts of law, fees established, 1, p. 8. In special or extra, cases, 1, p. 9. Reduced, 2, p. 247. Repealed, 2, p. 267 Plaintiff's, fees of, in common cases, established, 1, p. 8 Defendant's, ditto, 1, p. 10 County, their fees established, 1, p. 10 Fees in all cases of dower or partition., established, 1, p. 9 — on writs of attachment, 1, p. 9 Not exempt from the jurisdiction of the court of wardens in Char leston, 1, p. 85 Not residing in this state, not allowed to practice therein, 1, p. 213 Of district courts shall pay the clerks all fees by them received, once in every 6 months, 2, p. '33 Act regulating the admission of, in "the courts of this state, 2, p. 88 Amended, 2, p. 436 I. N D E X Teesn i the inferior court, in the city of Charleston, the same as i §•-» the court of common p;eas, 2, p. 397 AUDITOR-GENERAL. S hall make out and close his accounts up to 20 Feb. 1791, and sub mit the same, with proper vouchers, for the inspection, adjust ment, and final order of the commissioners appointed for tluit purpose, 1, p. 6 7" BACK R IVER COMPANY. Empowered to open a canal from the said river to Chapel bridge, in corporated, 2, p. 308 BAIL. Order for, may be given by judges of county courts in those dis tricts where county courts are established, and by justices of the quorum where they are not established, 1 , p. 167 Special recognizances of, to be certified, and transmitted to judges or clerks of the superior courts, I, p. 167 Orders for, and for special, may be given by the clerks of any dis trict court or justice of the quorum, 2, p. 314 BANISHMENT. The reverend Edward Jenkins exempted from, 1, p. 151 John Fisher and M ilcom Brown exempted from, and certain parts of their estates restored, It p. 150 John Wells exempted from, 1, p. 286 William Carson exempted from, 1, p. 287 FBANK O SOUTH-CAROLINA. Incorporated, 2, p. 382 BARNWELL D ISTRICT. Commissioners appointed to fix on a central place for a court-house and gaol in, 2, p. 248 —f o the roads to sit at the court-house in, 2, p. 214 — n ot to meet those of Orange district, 2, p. 418 Tax-collector o f, authorized to receive and collect all the taxes within the limits of said district. 2, p. 497 BASTARDS. A ct providing for the maintenance of, 2, p". 74 Mothers o f, shall declare the fathers, or be sent to gaol, 2, p. 75 Where the parents of, are unable to maintain them, the commissi oners of the poor to provide for them, 2, p. "5 BAY, ELIHU HALL. Permitted to leave the state, 2, p. 252, and 477 BEAUFORT. C ounty coin ••, in the district of, suspended, 1. p. 54 Society f or promoting the education of children in the district of, incorporated, 1, p. 204 Sundry i nhabitants of, reimbursed a certain sum of money, 1, p. 250 Act vesting certain lands in the district of, in trustees for the pur pose of building a College in, 2, p. 65 Commissioners appointed to erect "a Magazine and Laboratory in, 2,. p 80 I. N D E X Povrder r eceiver for the same, to be elected by the legislature, and his d uties defined, 2, p. 81 oAct t prevent certain streets in, from being stepped or obstructed, 2,. p 228. Amended, 2, p. 365 Commissioners o f the strcpts in, many sue persons claiming land lyingn i front of the streets, 2, p. 22'J Persons w illing to retain their rights to lots opposite the streets, to signify t he same within six months from and after passing of the act, 2 , p. 366 Courts o f, to sit five days, and not longer, 2, p. 264 Act i ncorporating the town of, 2, p. 525 BEDON, J OSIAH. Act authorizing Josiah Pendarvis, together with his issue, to change their surname ;o that of Bcdon, 2, p. 475 NDBEEF A PORK. Act providing for the barrelling and packing of, at Chatham, Cam den and Vienna, 2, p. 13 BEGGARS. Found strolling in Charleston to be taken up and confined to labour, 2,. p 32 BILES. Assignees of, may bring actions for the recovery of the same in their own names, 2, p. 215 BILLIARD T ABLE. In Georgetown, commissioners of streets authorized to grant a license for the keeping of, 1, p- 88 County c ourts and commissioners of the roads may grant licenses for the keeping of, 1, p. 224 Penalty f or keeping of, without a license, 1 , p. 224 Town c ouncil of Camden, empowered to grant licenses for the keep ing of, » 1, p. 233 Commissioners of the roads may grant licenses for the keeping of, .2, p 325 and 399 Commissioners o f the streets and markets of the town of Columbia may g rant licenses fordo. 2, p. 401 BLACK R IVER. . Persons r esiding within six miies of, liable to work upon the same, • B ODIES CORPORATE. 1,. p 264 Enabled t o recover from their members, debts, dues and demands, as in t he case of individuals, 1, p. 222 BOLTON, S ARAH. Act v esting in her, the personal estate of her late husband, 1, p. 123 BOND. O f the master and commissioners of the court of equity, shall be de posited in the office of secretary of state, 1, p. 31 Of public officers, to be cancelled by the commissioners of ac counts on examination of vouchers, he. 1, p. 68 INDEX. For t he performance of covenants, jury shall assess damages, 1, p . 2 13 Judgment f or the penalty of, shall stand as security for the perfor mance, 1 , p. 2 14 Assignees o f may, for the recovery thereof, bring suits in their own names, 2 , p. 214 Clement C . Drown exonerated from the payment of interest on, .2, p 430 John S impson exonerated from the payment of, which shall be de liveredp u by the commissioners of the roads, 2, p. 434 Of R alph Spcnce Philips to be delivered up by the comptroller, • 2 , p. 436 Of c ertain persons who purchased lots or squares in the town of Co lumbia, t o be cancelled, 2, p. 476- Of T homas Gough to be delivered up by the secretary of the state, 2,. p 500 eTo b given by William Zimmerman, with security, to the treasu rer at Columbia, 2, p. 505 Toe b given by James II. Ancrum, with security, to keep Runtole's bridge a nd cuuscwuy in good repair, 2, p. 562 BOUNDARIES. Of t he town of Camden to be ascertained, 2, p. 183 Act establishing the same, 2, p. 226 BREADND A FLOUR. Assize a nd price of, to be regulated by the commissioners of George town s treets, 1, p. 88 Not m erchantable, act to prevent the exportation of, 2, p. 102 BRIDGES. Commissioners o f, appo'nted by the judges of intermediate county courts, 1 , p. 47 Over t he South-Fork of Edis:* river to be built, and vested in Ro bert C annon, 1, p. 106 Across t he Congaree river, to be built by anS vested in Wade Hamp ton, ' 1, p. 1 14, 257. 2, p. 210 —Savannah r iver, opposite' to the town of Augusta, to be built by ditto, 1 , p . 1 1 9 — B road river, to be built by and vested in John Compty, 1, p. 120 Time ■ extended, 257 Across E disto river, within the limits of the town of Orangeburgh, toe b built and vested in the person contracting, 1, p. 128 Ratcsof p ontage at established, 1, p. 129. Increased, 267 At a p lace called the Pine-Log, to be built by and vested in James Johnson, ' 1 , p. 107 Over A shley liver, to be rebuilt, 1, p. 254 Across S aluda river, to be built by and vested in Thomas Chap- pel, 1 , p. 266 — E disto river at J-.-cksonborough, clause respecting repealed, 1,. p }92 INDEX. Vested i n the present proprietor for 10 years, v 1, p. 394 Act e stablishing certain toll bridges, 1, p. 260, and 2, p. 21 NDBROAD A PACOLET RIVERS. Former act respecting the navigation of, repealed, 2, p. 391 Commissioners a ppointed to superintend and contract for the open ing of, 2, p. 392 — authorized to draw on the treasury of this state, for any sum, not exceeding S 10,000, for defraying the expense that may arise in making the same navigable, 2, p- 392 BROWN, CLEMENT C. Exonerated from the pavment of interest due on his bond, 2, p- 430 , B ULL, WILLIAM. Act to exempt him from confiscation and banishment, 1, p- 153 Mav send back his Negroes, 1 , p- 154 BUTCHERS. To p roduce the hides and ears of cattle to the commissioners of the s treets of Georgetown, 1, p. 88 —o t the clerks of the markets in Charleston, 2, p. 96 BUTLER, P IERCE. Act to release him from his executorship, to which he was appoint ed by the last will and testament of the late Alexander Gillon, .2, p 256 CACAW S WAMP. Commissioners a ppointed to cut, sink and keep in repair drains and water p assages in, 2, p. 23 CAMBRIDGE. Two j udges of the superior courts of law directed to attend at, for the d ispatch of business, 1, p. 43 Juries d rawn at the last court at, declared legal, 1, p. 212 • C ourt of common pleas at, may sit 15 days next April term, .1, p 214 College, act authorizing the trustees of, to establish a lottery, .1, p 258 Property belonging to the college of, to be sold, 2, p. 499 CAMDliN. D istrict, limits of, 1, p. 38. Incorporated, 1, p. 145 County c ourts of Kershaw may be held in the district court-house of, 1,. p 171 Juries d rawn at the last courts at Cambridge and Camden, declared legal, 1 , p. 212, Courtf o common pleas at, may sit 15 days next April term, 1,. p 214- T own council of, invested with certain powers, 1, p. 233 • Commissioners a ppointed to have the gaol and court-house in, re paired, 1, p. 341 Act to dispense with the wardens of, sitting so often as twice a month, 1, p. 360 Act providing for the packing of beef and pork at, 2, p. IS INDEX Inspection o f flour established at. 2, p. 1 lo Two c ommissioners added to the inspection of tobacco at, 2, p. 162 lntendant and wardens of, declared to be justices of the peace, .2, p 180 Boundaries o f the town bfj to be ascertained, 2, p. 183 Planf o the town of, to be recorded in the surveyor-general's office, and a copv thereof in the office of the secretary of the state, 2. p. 227 CAMDEN ORPHAN SOCIETY. Escheated property vested in, 2, p. 301 Empowered t o draw lotteries, 2, p. 301 CAMPBELL, D AVID. Act authorizing him to place a dam across Edisto river, 2, p. 268 CANAL C OMPANY. OfSanlce, authorized to draw one or more lotteries, 1, p. 369 Overseers and white lalwurers employed by the, exempt from mi litia and road duties, 2, p. 36, and 60 Tor opening a canal from Back river to Chapel bridge, 2, p. 308 CARSON. W ILLIAM. Act exempting him from the penalties of the act of confiscation and banishment, 1, p. 287 CATAWBA R IVER. Act for opening the navigation of, 2, p, 16 CATTLE. Butchers t o produce the hides and cars to the commissioners of the' streets of Georgetown, 1, p. 88 o— t the clerks of the markets in Charleston, p. 96 CAUSEWAY. Act f er making, through the swamp leading from Edisto bridge to • the main road from Ninety-six to Charleston, Up. 128 The s ame to be vested in the person contracting, 1> p. 129 CAVALRY. A ct concerning, 2, p. 138 — Sec MILITIA. CAVEATS. Court o f, Judges to determine causes in, U p. 166 CERTIFICATES. O f the funded debt of the United States, to be received in lieu of the sum, in fundable indents of this state, to be subscribed for by the treasurers, 1, p. 72-3 Of t he funded stock, of James Sinkler, to be issued to him by the treasurer in Charleston, 2, p. 189 eTo b issued by the treasurer at Columbia, to William Zimmerman, 2,. p 504 Of a ppraisement of cstrays to be entered on the toll books, except for the districts of Charleston and Beaufort, 2, p. 5 17 CHAPEL B RIDGE COMPANY. For opening a canal from Back river, incorporated, 2. p. 308 CHAPPEL, T HOMAS. Empowered to build a bridge across Saluda river, 1, p. 266 INDEX. _ C HARLESTON. District, limits of, 1, p. 37 fCourt o wardens in, empowered to try all offenders for gaming, Sec. .1, p 80 —j urisdiction of, in certain cuses ascertained, 1, p. 83 — m ay grant commissions to examine witnesses residing without the l imits of the city, I, p. 83 — s ix days notice of application for a commission to be given to the opposite p arty, 1, p. 83 — p enalty on persons refusing to give evidence in, 1, p. 83 — m ay issue separate processes on divers bonds, See. 1, p. 84 Counsellors, attornics, solicitors and clerks of the superior courts n ot exempt from the jurisdiction of, 1, p. 85 College i n, to be continued under certain other regulations than those f ormerly established, 1, p. 195 fOwners o wharves and other persons in the city of, having wooden buildings t hereon, indulged from having the same pulled down, until A ugust, 1796, 1, p. 232 Companies o r detachments of militia, liable to mounf guard in the city o f, 1, p. 285 District, c ommissioners appointed to have a gaol built in, 1, p. 312 — jtnual salaries of powder inspector and arsenal keeper in, esta blished, 1, p. 342 Commissioners appointed to carry into effect the act respecting bread r aid flour, . 2, p. 110 Mutual i nsurance company established in, 2, p. 135 Insurance c ompany incorporated, 2, p. 158 Mechanic s ociety incorporated, 2, p. 212. Act altered and a- mended, 2 , p. 501 Courtf o wardens in, abolished after 1 January, 1800, 2, p. 247 All business depending therein, shall be transferred to the court of common p icas in, • 2, p. 313 'Nostieet, l ane, alley or court to be opened in, without special permission, 2 , p. 276 Watei' c ompany, incorporated, 2, p. 279 Inferior c ity court in, established, 2, p. 393. Commissioners o f the tobacco inspection in, authorized to receive storage f or tobacco, cotton, &c. 2, p. 507 Inhabitants o f, relieved from unequal duty of serving on juries, .2. p 516 CHARLESTON B APTIST ASSOCIATION FUND. Act to incorporate the general committee of the, 1, p. 246 CHATHAM. oAct t provide for the barrelling and packing of beef and pork at, 2,. p 13 CHERAW D ISTRICT. Limits of, established, 1, p. 37 Commissioners a ppointed to build a gaol and to have the court-house in, repaired, B 1, p. 241 INDEX1. Records. i n the clerk's office of the circuit courts of, to be removed,; .1, p 362' Clerk's o ffice in, shall be kept within two miles of the town of Green ville, until the court-house shall be repaired, 1. p. 363 Confiscated property in, vested in the society of St. David, 2, p. 70 CHESTER C OUNTY. Times of holding courts in, established, I, p. 4 6 Altered, 2 , p. 37 Commissioners o f the roads.-bi idges, causeways and watercourses in, appointed, 2, p. 23 1 Escheated p roperty in, vested in the trustees of Alexandria College, 2,. p 302' CHESTERFIELD D ISTRICT. Line of division to be run between that district and Darlington, 2,. p 290 Act a ppointing commissioners for that purpose, 2, p. 55 6; CHIEF J USTICE. To do equal eXity with the associate judges, his salary established, * 1, p. 4. Salary curtailed, 1, p. 357 And a ssociate judges shall be judges of the courts of sessions and common picas, 1, p. 38 All j udicial process, (executions excepted) shall be tested in the name of the, 1 , p. 39 The a ct establishing the salary of, passed in December, 1794, re pealed, 2, p. 247 CHILDREN. If a dvanced by the intestate in his lifetime, shall be equalized in their portions, 1, p. 26 Of t he poor, and poor orphans, to be educated and bound out as ap prentices, 1, p. 7/ Supported b y the charity of the South-Carolina Society, to be bound out to trades, Sec. 1, p. 127 Illegitimate, a ct providing for the maintenance of, 2, p. 74 — m others of, shall declare the fathers of, or be sent to gaol, .2, p 75 — w here the parents of, are unable to maintain them, the commis sioners of the poor are to provide for them, p. 75 CHURCH. Eomr.n C atholic in Charleston, incorporated, 1 , p. 136 Presbyterian a nd Bi.ptist in several districts, do. 1, p. 141 Of S t. Philip and St. Michael in Charleston, do. 1, p. 182 —act p assed 24th March, 1785, repealed, If p. 185 Presbyterian o n Edisto-Island, act respecting, 1, p. 251 United I ndependent Congregational of Dorchester and Beach hill, incorporated, 1, p. 301V Episcopal o n Edisto-Island; Primitive Methodists of Trinity church in Charleston, and ditto, of Ebenezer church in Georgetown, in corporated, 1, p. 30 L INDEX. fpper B aptist, on Dunkin's creek, incorporu'ed, 1, p. 365 Episcopal, o f St. John's, Berkley county, do. 1, p. 366 Baptist, a t the head of Bnoree river, do. 2, p. 278 Ar.tipaedo B aptist, in Georgetown, tin. 2, p. 432 Of S t. Philip in Charleston, act confirming the by-laws of, &c. 2,. p 473 Baptist,f o Chrkt on Cland's creek; on Little Stephen's creek; ;ndf o the Red Bank c: cck, incorporated, , 2, p. 478 Independent, o f Beaufort, and B .ptist, of Beaufort, incorporated, 2,. p 558 Baptist B ethel, in Spartanburgh district, incorporated, 2, p. 558 Baptist, of Christ in Barnwell district, do. 2, p. 560 Spring T own Baptist, do. 2, p. 560 Baptist,f o Christ of the Healing-Spring in Barnwell district ; Barn well Baptist of Christ, in ditto, and Friendship -Baptist, of Christ, in ditto, • _ 2, p. 560 CIRCUIT C OURTS. Acts respecfe'ug, amended, I, p. 31 oNot t extend to actions commenced before 13th Nov. 1791, l,p.43 Acts establishing, altered and amended, 1, p. 211 Clerk o f, to read over to the judges the daily minutes of the jour nal pi e v iously to the idjerrnment of the court, 1. p. 211 Of Georgetown to meet 2 tfth March, instead of 1st April, 1794, < I , p. 288 All l aws relative tp, or districts, shall relate to new districts, 2, p. 325 Act to legalize the several juries drawn in Chester district, to serve at the next spring circuit, 2. p. 358 Acto t establish four circuits for the courts in the upper districts of this state, . 2, p. 543 Acto t establish Williamsburg county into a circuit court district, .2, p 545 Acto t establish Lexhiajton county into a circuit court district, .2, p 547 CIRCUIT S OLICITORS. Appointed, 1 , p. 165. Duties of, 1, p. 165. Attorney-general may call on, for assistance, Sec. 1, p. 166 Salaries o f, established, 1, p. 357 SJiall s everally receive 2 1-2 dollars each day, in addition to their fixed salary, during their attendance on the legislature, 2, p. 27-1 CITY COUNCIL— See CHARLESTON. ' May a ppoint assessors to lay assessments for the completion of East B;ty street, 2, p. 30 Shall c ompensate those persons whose lands have been taken for Fort Mechanic, 2, p. 31 Acto t vest with certain powers, 2, p. "2. May t ike up strolling beggars, and confine them to labour, 2, p. 32. Shall elect com missioners of the roads for the parishes of St. Philip and St. Mi-
ing sheriff, all unexecuted writs 8t unsatisfied executions, 1, p. 40 — No sheriff, or other officer, shall purchase prctievty sold by him, .I, p 41 -—when and whare district sheriffs shull sell property, 1, p. 41 — h ow and where sheriffs sales shull be advertised, 1, p. 42 —sheriffs t o return ex'ons. within 10 days after return day, 1, p. 42 — fees to be taxed, and executions issued on non-payment, 1, p. 42 — sheriffs and clerks to be appointed for the new districts, 1, p. 44 ' — judges to hold courts in the liew districts of Pinckney and Wash ington, I, p. 44 •■ — persons attending privileged, 1, p. 44 —at Georgetown, to meet 28 March instead of 1 April, 1, p. 288 — at Cambridge? time for holding extended, 1, p. 289 — of Chester dist. act to legalize the several juriesdrawnfor, 2, p. 358 At Columbia, to be attended by the sheriff and clerk of Camden dis trict, 1, p. 167 Of common pleas at Camden Sc Cambridge may sit 15 days, 1, p. 2 14 District, time of holding, 2, p. 240, 264 Distributed into circuits, 2, p. 241. Of record, 2, p. 242 Of general sessions and common pleas, iboiished, and business transferred, 2, p. 245 Clerks of, how to be appointed. 2, -p. 246 Of wardens in Charleston, abolished, 2, p. 247. Business depend ing therein transferred to the court of common pleas in Charleston district, 2, p. 314 Of Colleton district, to be held at Jacksonborough until a court house is built, 2, p. 248 Of ordinary established, • 2, p. 315 Clerks of, constituted registers of mesne conveyances, 2, p. SIS' — of common pleas shall grant commissions to examine witnesses, .2, p 323 All laws respecting circuit or district courts stiall relate to the new districts, 2, p. 325 Judges n ot attending, the clerk and sheriff authorized to draw juries, , 2, p. 358 Of i nferior jurisdiction in the cityof Charleston established, 2, p. 393- Of general sessions ar.d common pleas to be hoden in Horry dis trict, 2, p. 421 1 N D E & Hule o f, not to be served on sheriffs after a certain time, 5, p. 42^ Of Charleston district, jurors for, how to be drawn, 2, p. 51 6. Fine* for making default, , 2, p. 5 1 6 In t he upper districts of this state, act establishing four circuits for, 2, p. 543 Of o rdinary, act to compel persons having any papers of the late county courts, to deliver the same to the respective judges of the courts of ordinary, 2, p. 566 COURT H OUSES AND GAOLS. Commissioners appointed to agree for and superintend the building; nof, i their respective districts, 1, p. 42 o— t fix on a convenient place in Salem county for do. I, p. 239 Act to fix on some more convenient situation in Greenville county for do. 1, p. 298 o- — t build and repair certain, 1, p. 341 Commissioners a ppointed to fix on central places in Colleton, Sum ter, Marion and Barnwell districts, for ditto, 2, p. 248 In each district of the state, Ss°00 appropriated for the building of, except Georgetown, Charleston, Orangeburgh, Beaufort and Kershaw districts, 2, p. 323 10,300 dollars, do. for Colleton district, 2, p. 323 5000 dollars, do. for Horry district, 2, p. 421 5000 dollars, do. for Williamsburgh district, 2, p. 546 Act to authorize the selling of, 2, p. 519. Surplus money to b« paid to commissioners of the poor, 2, p. 521 CREDITORS. Foreignf o this slate, whose debts are payable in France, redeema- able in Amsterdam, 1, p. 180 Interest a rising on the balance funded to the credit of this state in 1705, shall be paid over to them, 1, p. 379 CREEK. Big L ynch's, act to prevent obstructions in, 1, p. 240 — p ersons erectingdams across, to leave freepassage, 1, p. 211 Clouter's bridge over, may be erected by John Clement,' 1, p. 250 Rope m ay be extended across by him, 1, p. 260 Lynch's, J effrey's and Black, persons living near them, to improve the n avigation, 1, p. 285 Four H oles, to be opened, 2, p. 1 112. Pine Tree, to be opened, 1,. p 367, and 2, p. 115 ' DAMAGES. ySustained b persons, by the continuation of East-Bay street through their lands, act to ascertain, 2, p. 178 DARLINGTON D ISTRICT. Division line between and Chesterfield, to be run out, 2, p. 290, 557 Commissioners of the roads in, increased, 2, p. 418 DEBT. Acto t regulate the paymenUmd recovery of, 1 Hh clause of, repealed, .I, p St INDEX. foreign, p p.y;>blc in France, redeemable in Amsterdam, 1, p. 180 — J ohn S. Cripps and Wm. Crafts, or their assigns, to register and transfer t he s^iiic, 1, p. 180 o— t be extinguished by the interest due on the paper medium loan, 1,. p 176 Of copartnership, remedy upon, 1, p. 214. Subscriptions for, to be opened, I, p. 375 oDue t bedies corporate by their members,may be sued for, 1, p. 222 Of the st te of So. Carolina, how provided for, 1, p. 374. Act mak ing further provision for, 2, p. 71, 295 Act granting further time for the registering of, 2, p. 430 DECLARATION. R ule for filing in county court, 1, p. 40, 49 DEEDS. A nd other writings, first recorded in the office of register of mesne conveyances in Georgetown district, adjudged to be the first con veyances, 1, p. 89 Xeci-ssary for the emancipation of slaves, 2, p. 356, 357 Forging of deemed felony, 2, p. 380 ' D EFENDANT. In equity, solicitor of, his fees established, 1, p. 7 Residing i n different districts, plaintiff h:is his option to try his cause where either resides, 1, p. 39 — 2, p. 314 Shall e nter appearance during the sitting of the court, or suffer judgment by default, 1, p. 40 —p ut in his plea in one month, if he enters his appearance, 1, p. 40 If absent from the state, plaintiff may post rules or process upon the court-house door, . 1, p. 213 Where t here are several residing in different districts, mode of pro ceeding against, 1, p. 291 DENIZENSHIP. Granted to alien friends, residing or intending to move within the limits of this state, 2, p. 273 DIERSON, BARNEND. Act to restrain the operation of the escheatlaws in relation to, 2", p. 483 DISTEMPERS— See Contagious Distempers. DISTRESS. Warrant of, to be issued against defaulters, to the assessments of the poor, 1, p. 77 DISTRIBUTION. Of real and persona' estates of intestates, bow made, 1, p. 26 — which may be applied for by petition to the court of equity, or. common pleas, for a writ of partition, 1, p. 27 DISTRICT. Circuit, commissioners' of, appointed, 1, p. 31 Limits and boundaries of, established throughout the state, 1, p. 37 Of Pinckney and Washington, commissioners appointed to build gaols and court-houses in, 1, p. 43 D INDEX. —sheriffs a nd clerks to be appointed for, f , p. 4* ■■—judges o f the courts of sessions and common pleas to hold courts. in, l .P-44- Inhabitants o f, where county courts are not established, to choose commissioners o f the poor, 1) P- "6 Of K ershaw, established as a county, 1> P- 8* Election, d ivided into six for the purpose of electing representatives to c ongress, 1> P- 2-5* —d ivided into eight for ditto ditto, 2, p. 443- — v acant, the governor authorized to order new elections for, 1, p. 229 Of Pinckneyville end Pickensville established, 1. p. 230 Of t he state established, 2, p 238 Now e stablishes, divided into four equity circuits, • 2, p. 320 Of C hester, act to legalize the juries drawn at the circuit cowrt in, 2,. p 358 DIVISION LINES. Between A bbeville and Edgefield counties, established, 2, p. 46 — the parish of St. Mathew and the election district of Saxegotha, Chester and Fairfield, Fairfield and Richland, and York and Ches ter counties, act respecting, 2, p. 1 8 I —Kershaw and Richland, to be ascertained, 2, p 20 1 — Chesterfield and Darlington, to be run by the commissioners ap pointed, 2, p. 289 — the parishes of St. James, Goose-creek, and St. George, Dor chester, act respecting, 2, p, SO 6 — the parishes of Saxegotha and St. Matthew, to be run by commis sioners appointed, 2, p. 413 Orange and Winton counties, act respecting, 2, p. 502 — this state and the state of North-Carolina, act concerning, 2, p. 55 I —Chesterfield and Darlington districts, act respecting, 2, p. 55 S DOOR K EEPERS. To the senate and house of representatives, salaries of established, 1,. p 4, 35S DORCHESTER. Act f or the establishment of a tobacco inspection and ware house or ware-houses in town of, 2, p. 439. Commissioners appointed to fix upon the most convenient place in, for the same, 2, p. 440 DOWER. Attornies fees in all cases of, established, 1, p. 9 If a w idow accepts of, the provision made for her by the primogeni ture act, to same, \o be in lieu of, 1, p. 27" Wife may renounce her, before a judge or justice of the quorum, .2, p 5 Form of a certificate for the renunciation of, 2, p, 6 DUTY. O n the tonnage of vessels, may be laid by the legislature, with the consent of Congress, * 2, p. 554 INDEX. DWIGHT, F RANCIS MARION. Act to enable, to change his present name to that of Francis Marion, 2, p. 251 FASTAY B STREET. In Charleston, act to complete, 2, p. 29. Assessment to be made and collected, 2, p. 30 Money a rising from the sale of public lands, how to be appro priated 2, p. 31 Slips of public land adjoining, to be appraised by the city coun cil, • 2, p. 153 Act to ascertain what damages Robert Lindsay, Wm. Turpin, and the estate of James Sommers, deceased, have sustained by the continuance thereof through their lands, 2, p. 178 Commissioners appointed to assess and value a certain lot of land in Charleston, belonging to the estate of Robert Raper, dec. to be made use of for widening the said street, 2, p. 441 City council to pay the treasurer the money assessed for the benefit of the heirs of the said R. Raper. 2, p. 442 EDGEFIELD COUNTY. Division line between and Abbe\ ille, established, 2, p. 45 Commissioners of the poor to be elected in, 2, p. 100 Justices of the peace for, increased, 2, p. 220, 548 Three boards of commissioners of the roads appointed for, 2, p. 417 EDISTO. River, R et for building a toll bridge across, near the town of Orangeburgh, ' 1 , p. 128, 267 Island, a ct respecting the Presbyterian church on, 1, p. 251 River, a ct authorizing DavidCampbell toplace adam across, 2, p. 268 EJECTMENT. F ictitious proceedings in the action cf, abolished, 1, p. 65 fActs o assembly respecting, shall hereafter be construed to re late to actions of trespass, 1, p. 66 ELECTION. Of representatives from this state to the congress of the United States, act prescribing the mode, 1, p. 225 Districts established, 1, p. 225. When and where elections are to be holden, 1, p. 225 Managers of, to transmit the ballots to Columbia, indorsed and sealed up in paper, directed to the governor or secretary of the state, 1, p. 226. Compensation made for the messenger carrying the same, 1, p. 227 Returns to be opened publicly and examined in the presence of the governor or lieut. governor at Columbia, by three commissioners to be appointed by the governor, 1, p. 227. If the governor be absent, the secretary of the state and the three commissioners to count over the votes, ' 1, p. 228 Of representatives to be notified by proclamation of the governor, INDEX. Of p ersons for two districts tochooseforwhichthey will serve, I. p. 228 New, for vacant districts to be ordered by the governor, 1, p. 229 ELECTORS. Of a p resident and vice-president of the United States, act pre scribing the time, place and manner of appointing, 1, p. 207 ENGLISH, JOHN, junior. Act vesting in, such part of his father's estate as remains undis posed of by the commissioners of confiscated estates, 2, p. 307 ENOREE RIVER. Paptist church at the head of, incorporated, 2, p. 278 ENQUIRERS. Assessors a nd collectors of the taxes, hereafter to be appointed, shall hold their offices only during the pleasure of the legis lature, 1, p. 155 EQUITY. fJudges o the court of, their salaries established, 1, p. 4 Master a nd commissioners, register and commissioners, and so licitors in, their fees established, 1, p. 6 & 7 Officers in, to keep their offices open from 9 o'clock in the morn ing until three in the afternoon, 1, p. 21 Court of established, and former laws relative to the court of chancery continued, 1, p. 29 Times and places when and where the court of, k to be held in fu ture, prescribed, 1, p. 30. Altered, 2, p. 320 Court of, not to sit beyond six day s, except in Charleston, 1, p. 30 —shall hear causes under £. 100 by petition, 1, p. 32 "Witnesses to be examined viva voci, except :n certain cases, 1, p. 30 Commissioner shall perform the duty of muster or register, and have the same fees, 1, p. 31 — to give bond in the sum of £. 1000 each, 1, p. 31 Suits in, shall not be sustained if there be plain and adequate remedy at law, 1, p. 34 Judges of, shall ride the circuit, 1 , p. 34 Master in, for Charleston, Georgetown and Beaufort districts, shull give bond and security of £.5000; bond of, and commission, shall be deposited in the secretary's office of the state, 1, p. 3 V Parties in, may do their own business, 1, p. 34 Courts of, times of holding altered, 1, p. 166 Injunctions in, mode of obtaining in the country, 1, p. 157 Defendants in, residing in different districts, how proceeded against, 1,. p 291 Circuits e stablished, 2, p. 320. Commissioners and registers to be appointed for each, 2, p. 32 1 District s heriff to execute all process issued from the court of, and attend the same, 2, p. 321 Two c hancellors to attend at each court, 2, p. 321 Attorney g eneral and solicitors, to revive all suits of the public, against tax-collectors, &c. 2, p. 332 INDEX. Master i n, to deposit public money in the State Bank- for safe keep ing, a, p. 470 Of redemption, barred on recovery of money secured by mortgage on real estates, I, p. 64 ESCHEATED LANDS. To be returned to the legislature, by commissioners to be appoint ed by the governor, in each circuit court district, 1, p. 340 In Beaufort district, vested in the trustees of Beaufort College, 3,. p 65 In C larendon county, vested in the Clarendon Orphan Society, .2, p 232 In O rangeburgh district, vested in trustees for establishing schools, 2,. p 237 In C harleston, vested in the Roman Catholic church in, 2, p: 274 In Kershaw county, vested in the Camden orphan society, 2, p. 301 In Lancastercounty, vested in trustees for endowing a school, 2, p. 302 In Union, York and Chester, vested in trustees of Alexandria col lege, 2, p. 302, 303 In \Villiamsburgh district, vested in trustees of \Villiamsburgh Academy, 2, p. 30J In Colleton district, vested in trustees for establishing a school, .2, p 394 In S t. Philip and St. Michael's parishes, vested in tho city council of Charleston, for the orphan house, 2, p. 305 In C onwayborough, to be sold for the support of the poor in Horry district, - 2, p. 421 ESTATES. Of i ntestates, how distributed, 1, p, 2& Acquired a fter making a will, shall not pass thereby, unless the said w ill be republished, 1, p. 27 Realr o personal, to be divided on petition of the party interested to the c ourt of equity or common picas for a writ of partitiop, 1, p. 27 In joint tenancy, severed by death of joint tenant, 1, p. 27 Real, s ecured by mortgage, mode of recovering, I, p. 64 — m ay be held by the South-Carolina society to the. annual amount of 2 0001. 1, p. 127 ESTRAYS. All l aws now in force relative to, shall prevail after 1st January, 1800, 2, p. 325 Acto t alter and amend the act concerning, 2, p. 51 6 EVIDENCE. fCopies o entries from the treasury books to be admitted in any court of law or equity, 3, p. 428 Copiesf o grants and plats of land, may be produced in evidence in ditto, 2, p. 49* EXECUTION. eTo b issued from the court, in which judgment shall be obtained, i,. p 59 INDEX. When m ade returnable, 1, p. 40. To be served by the sheriff of the district in which the defendant or his property may be found, 1,. p AO eTo b turned over by the shei iff (if unexecuted) to his successor, 1,. p 40 eTo b returned within ten days after each return day, 1 , p. 42 Under a d ecree on summary process, shall bind lands and tene ments, 1, p. 290 How i ssued and served after 1st January, 1800, 2, p. 314. To be returned at the time appointed by law, 2, p. 319 Toe b issued by tux-collectors for arrears of taxes, when required by the comptroller-general, 2, p. 487 —y b the treasurers against tax-collectors for arrears of taxes, 2,. p 491 EXECUTORS. Where t here arc several, and some out of the state, actions may be had against all by serving process on those present, 1, p. 290 Absent, shall not incur a devastavit by such proceeding, 1, p. 291 FAIRFIELD D ISTRICT. Corrtmissioncrsappointedto superintend the public roads in, 2, p. 23 1 And Richland district to form a part of the Southern circuit, 2, p. 263 Jefferson Monticcllo society in, incorporated, • 2, p. 454 Court-house a nd gaol of the county -court, aftd-oifier. public buildings in. to be sold, - v^v^* '~ 2, ~S2 1 How t he monies arising from the sale of the gaol are to be applied, .2, p 521 FEE B ILL. Established a nd to continue in force for four years, 1, p. 1 a 23 Act to revive and continue in force, 2, p. S3 FEES. Of p ublic officers established, 1, p. 5, 23. All former acts regu lating, repealed, 1, p. 22 Of c ommissioners in equity, the same as master or register, for like services, 1, p. 32 Of a ttornies, clerks and sheriffs to be taxed, and executions issued . on non payment, 1, p. 42 For g ranting licenses for retailing spirituous liquors, keeping bil liard tables, &c. 1, p. 88, 224, 234 Of c lerks received by attornies of district courts, to be paid once in every six months, . 2, p. 33 For r ecording plats, to be paid bv the courts, or one »f the judges, 2,: p 34 Of t he clerks of Charleston district, for recording judgments and is suing executions, 2, p. 34 Of t he powder receivers of the magazines at Georgetown and Beau fort, 2, p. 82 Of a ttornies reduced in certain cases, 2, p. 247. Repealed, 2, p. 267 Of a ttornies in cases of appeal, 2, p. 318 INDEX Ofattornies, c lerk and sheriff of the inferior city court of Charles* ton, 2, p. 397 FEDERAL C OURTS. To be held in a room in the court-house in Charleston, 1, p. 361 FERRIES. Acto t regulate and establish various throughout this sute, 1,. p 103, 260 — 2, p. 43, 122, 168, 198, 283, 327, 411, 533 FINES. On a ll persons offending against certain regulations established in Georgetown, 1, p 89 On i nhabitants neglecting to send their mule slaves to work, 1,. p 96, 101 On o verseers refusing or neglecting to do their work towards open ing and improving the navigation of sundry rivers, Sec. 1, p. 97 Appropriation of, 1, p. 97, 317 For o ffences committed against the by-laws of the town council of Camden, 1, p. 147 * F or not attending and acting as a juror, 1, p. 163 For n ot attending musters, and for neglecting to obey orders, 1,. p 315, 316 For n ot being properly accoutred at muster, 1, p. 318 Militia, h ow to be recovered, 1, p. 352. Persons to be appointed to collect, 2 , p. 362 On p ersons taking upestrays neglecting to pursue the directions of t he act concerning estrays, 2, p. 519 eMay b imposed by commissioners of the streets and markets of the t own of Winnsborough, 2, p. 524 FIRE C OMPANY. In Charleston, incorporated, 1, p. 294. In Georgetown, do. 2, p. 220 FISH. Acto t prevent obstructions to the passage of, in Big Lynch's creek, &c. 1, p. 240 n— i the Chinquepin and Thomson's creeks, 2, p. 117 —up S aluda river, 2, p. 366 FISHDAM-FORD. A n inspection and ware-houses for the reception of tobacco and flour established at, _ 1, p. 235 FLOUR — S ee Bread and Flour. FORGERY. Persons g uilty of, deemed felons, ' 2, p. 379 FORT M ECHANIC. Provision made for securing it, 2, p. 31 FOURHOLES C REEK. Act for opening the navigation of, 2, p. 113 GAMING. oAct t suppress the pernicious, practice of, 1, p. 78. Additional act, . 2, p. 447 Penalties a t the discretion of the court and jury for, 1, p. 79 INDEX. On c omplaint made, justices shall issue warrants against offender* for, 1 , p. 79 Offenders f or, may be tried by the court of wardens, as at common law, . 1 , p. 80 All s ecurities for money won at, absolutely null and void, 1, p. 8 1 Lands mortgaged for, mortgage void, 1, p. 81 eMay b prohibited by the commissioners of the streets and markets ofColumbia, - 2 , p. 223 What g ames are not to be played at, 2, p. 447. Games which maye b played at, 2, p. 448 Penalty f or betting on or playing at games, 2, p. 448 fKcepprs o gaming tables' deemed vagrants, 2, p. 448. Tables maye b burnt, 2, p. '449 GAOLS— S ec Court Houses and Gaols. Keepers of in this state, to receive all prisoners committed under the a uthority of the United States, 2, p. 343 —authorized t o receive and confine negroes, rnulattoes and musti- zoes, 2 , p. 375 In C harleston district, to receive and confine prisoners committed under t he authority of the inferior court, 2,.p. 398 GEORGETOWN. D istrict, limits of, 1, p. S7 Act f or establishing certain regulations in, 1, p. 87 oAct t empower the president and wardens of the Indigo Society in, to e stablish a lottery, 1, p. 256 Acto t enable the circuit court of, to meet the 23th March, instead of t he 1st April, 1794, 1, p. 288 Commissioners a ppointed to have the gaol in, repaired, 1, p. 341 Certain inhabitants of, empowered to establish a lottery in, 1, p. 368 Certain confiscated property, and all vacant lots in, vested in the Winyaw I ndigo Society, 2, p. 70 Commissioners a ppointed to erect a magazine and laboratory at, 2,. p 80. Two addded, 2, p. 185 Sheriffs o f, shull advertise property for sale in the newspapers, 2,. p 88 Inspection o f flour and bread established in, 3, p. Ill oAct t incorporate the Fire Company in, 2, p. 220 Acto t lessen the security given by the commissioner of locations in, 3 , p. 250 oAct t incorporate the Library Society in, 2, p. 339 Courtsf o general sessions and common pleas for Horry district to be h eld at, 2, p. 421 oAct t incorporate the Antipcedo Baptist church in, 2, p. 432 All suits depending in the district of, shall be transferred and tried in H orry district, 2, p. 472 fCourts o general sessions and common pleas for Williamsburgh district, t o be holden in, as heretofore, 2, p. 545 Index. GERMAN F RIENDLY SOCIETY. Act to incorporate, 1, p. 20J GERMAN L UTHERAN CONGREGATION OF ST. JOHN. Incorporated, 1, p. 365 GERVAIS, J OHN LEWIS. Act to afford relief to, as a purchaser of public property, 1, p. 122 Indents to be returned to, by the attorney-general, 1, p. 122 Balance d ue by, to the state, to be paid in indents, at the rate of one for five, 1, p. 122 Continued i n office as commissioner of loans, 1, p. 379. Continu ed one year longer, 2, p. 73 Shall follow the arrangements of congress for funding their debts, 1,. p 380 GILLON, ALEXANDER. Indents i ssued to, part fundable, 2, p. 7 1 Acto t release Pierce Butler, Esq. from bis executorship to which he w as appointed by the last will and testament of, 2, p. 256 GOUGH, T HOMAS. Act d irecting the secretary or the state to give up the bond of, 2,. p 500 GOVERNOR. fSalary o established, 1, p. 4. Altered, 1, p. 357. Salary of his secretary e stablished, 1, p. 4 To a ppoint commissioners of locations, I, p. 62. Exempt from paying t oll, • 1, p. 1 18 Shail c ause the election returns for representatives in Congress to be o pened at Columbia, 1, p. 227 Shall n otify by proclamation those elected, and order elections for vacant d istricts, 1, p. 227 and 229. 2, p. 445 Powers T riih respect to quarantine, when he is absent extended to the c ity council of C. T. 2, p. 98, 156 To a ppoint commissioners in each circuit court district, to make freturns o escheated lands, 1, p. 340 Authorized t o remove magistrates from their offices, for mal prac tices therein, 2, p. 83 Shall notify by proclamation the organization of ths militia of this state, 1 , p. 306 Shall a ppoint clerks of courts, .2, p. 266 To a ppoint a proper person to sit and hold the courts, when a judge m ay be sick, 2, p. 325 To a ppoint commissioners of this state, to meet the commissioners of t he state of North-Carolina, respecting the boundaries thereof, .2, p 551 GRANBY. Act f or opening a road from, to Augusta, 2, p. 20 Inspection o f flour established at, 2, p. 211 • I nhabitants of, excused from working on the new road to Williams' E 2 , p. 331 INDEX. GRAND J URY. Of county courts, to have equal jurisdiction with that of circuit courts, I, p. 48 GREENVILLE. L ine of division between the counties of Laurens &, altered, 1, p. 245 Commissioners appointed to fix on a place to build a court house and other public buildings for the county of, 1, p. 599 Clerkf o the court of Cheraw district, to keep his office near the town of, 1, p. 363, 359 fNumber o Justices of the peace for, increased, 2, p. 220 GUARDIANS. OfNcgroes, I ndians, mulattoes or mustizoes, to file their petiti ons in the office of the clerk of the court of any districts, 2, p. 324 Of slaves claiming freedom, liable to double costs, if their actions fail, 2, p. 451 HAMPTON, W ADE. Act vesting bridges in, to be built over Congaree and Savannah ri vers, 1, p. 114 — allowing further time for building the said bridges, 1, p. 257 HASELL, W ILLIAM SORANZO. Act authorizing William S. Quince to take the name of, 2, p. 432 NDHAWKERS A PEDDLERS. Act to increase the price of license to, 2, p. 151 HOLMAN, J OHN. Act to permit him to come with his negroes into this state, 1, p. 135 HORRY D ISTRICT. Established, 2, p. 421 oAct t authorize the drawing of juries for, 2, p. 47 I HORSESHOE C REEK. In Ashcpoo river, to be cleared and a canal to be cut therefrom to-'. Gilkicker's, 1 , p. 385 Further p rovisions made for opening the navigation of, 2, p. 38 HOLSEKEEPER. O f the State-house, salary established, 1, p. 4, 358 HOUSEF O REPRESENTATIVES. Clerk of, salary established, 1, p. 4, 35*. Fees of established, .1, p 17- Messenger a nd door-keeper of, their salaries established, 1, p. 4 JEFFERSON M ONTICELLO SOCIETY. In Fairfield district, incorporated, 2, p. 45* JEWISH C ONGREGATION. In Charleston, called Beth Eloihim, or House of God, incorporated, 1,. p 138 ILLEGITIMATE C HILDREN— See Bastards. INDENTS. Act f or loaning to the United States a sum in, under certain limita tions, 1, p. 72"" Penalty for exchanging fundable, for those that are not, 1, p. 73* INDEX. In p ossession of the treasurers to be reported by them to the legis lature, and they are to forbear cancelling any fundable I. until the last of September, 1791, • 1, p. 73 eTo b issued by the treasurers to sundry persons whose accounts were relinquished to William Arthur, Esq. auditor for Orange burg h district, the vouchers of which have been lost, 1, p. 75 Toberttumedby the Att'y-gen. to John LewisGervais, esq. 1, p. 122 To be delivered by the treasurers to John Smith, Esquire, to the amount of principal and interest of the sum Bj.sil Cowper's con fiscated estate sold for, 1, p. 125 Fundable until 3 1st March, 1796, 2, p. 71 To be issued to certain persons in lieu of the originals which have been lost, 2, p. 409 INDIANS. Act to prohibit the importation of, from any of the United States, I,. p 215, 391 Shall s erve in the militia as pioneers, (except nations of, in amity with t he state,) 1, p. 284, 328 INDIGO S OCIETY. In G eorgetown, empowered to raise a lottery, 1, p. 256 In W inyaw, vested with certain confiscated and escheated property, .2, p 70 INFERIOR CITY COURT. In Charleston, act to establish, 2, p. 392 INHERITANCE. W ife may release before a judge or justice of the quorum, 2, p. 6, 7 INJUNCTION. I n equity, how obtained in the country, against executions lodged with the sheriff, 1, p. 157 JUDGMENT. T obctaken by defaultwhennoappearance has been entered, 1, p. 40 INSPECTIONS a nd WARE HOUSES. For the reception of tobacco and flour, to be established at or near the Fish Dam ford, 1, p. 235 For t he reception of tobacco, at Falmouth, Adams's ferry, Spring Hill a nd Chatham, act respecting, 9*> Pn 2. 6 At the town of Columbia, act respecting, 2,. p 163 To be established in the town of Dorchester, 2, p. 439 INSURANCE C OMPANY. Act establishing a mutual insurance Co. in Charleston, 2,. p 13.5 Act incorporating the Charleston, 2,. p 1 58 INTEREST. Duen o the paper medium, not to be burnt, but applied to the ex tinguishment of the foreign debt, 1, p. 58 Due on the bond of Clement C. Brown, remitted, 2, p. 430 Received on the funded stock purchased to cover the debt due to Struyckhuysen and Luxemburgh to be laid out by the comptrol ler general in the funded debt of this state,, 2, p. 428 I. ND E X
INTESTATE. Estates o f, how to be distributed among the kindred, 1, p. 34 Altered, ' ' 2 , p. 147" Leaving a w idow and children, 1 -3d to the widow, and the rest to the child or children, !, p. 2* —o n child or lenial descendant, but a widow and a fattier or mother, one half to the widow, and the residue to the father, Or if de-id, to the mother, 1, p. 24 o— n lineal descendant, or father or mother, but widow, brothers and sisters, the widow to take one half, and the brother and sisters the residue as tenants in common, 1, p. 2-i o—n lineal descendant, or father or mother, 8cc. but a widow, bro thers and sisters of the half blood, and a child or children of a brother or sister of the whole blood, the widow shall take one moiety of the estate, and the brothers and sisters of the half blood, and the children or the brother or sister of the whole blood, the other moiety, 1, p. 25 —no l ineal descendant, or father or mother, kc. or their children, or brother or sister of the half blood, the widow to take one moiety, and the lineal ancestor the ether, 1 , p. 3 5 o—n lineal descendant or lineal ancestor, the widow to take two thirds, and the remainder to descend to the next of kin, 1, p. 25 —o n widow, the provision made for her to be distributed as the rest of the estate before mentioned, • I, p. 25 Lineal d escendants represent their respective parents, and take their shares, 1 , p. 24 Degrees o f kindred to be computed from the, to thr common an cestor, and thence to the person claiming kindred, inclusively, 1,. p 25, 26 Personal e state of, distributed in the same manner as real, 1, p. 26 oLeaving n lineal descendant, but a father or mother, or brothers or sisters, estate equally divided among them all, and their repre sentatives, if anv, 2, p. \1T JOHN'S ISLAND SOCIETY. oAct t incorporate, 0, p. 367 JOINT T ENANCY. Estates i n, severed by death of or.c, to be distributed as tenancy in common, 1, p. 27 JUDGES. Associate, s alaries of, established, 1? p. 4. Altered, 1, p. 357 Of t he court of equity, do. 1, p. 4 Authorized t o make all necessary rules, orders and regulations, 3l,"p. 3 To h ear all motions and make ail orders necessary in any cause, 1,. p 33 Sii'dl c ause the principal facts and reasons on which they found their • Yci ee, to be recorded, 1, p. 33 it. . i ride die circuits, _ 1, p. 34 INDEX, If s ick or absent, the governor may appoint a p-oper person by com.-, mission, 1, p. 38. 2, p. 325 oTwo t intend the court at Cambridge for 15 days, border to dis patch causes, . 1« p. 43 Of t he court of common piers in Charleston district, to cause 20 . persons to be drawn as uddi'.ional jurors, so as to form two juries, .1, p 45 o— t determine causes in the court of caveats, 1, p. 166 — m ay alter the places of holding sales, 1, p. 168 — m ay make all necessary rules inactions of trespass, &c. 1, p. 168 Of county courts, to make rules and orders for carrying into effect the primogeniture act, 1, p. 29 o— t hold courts twice a year, and sit 10 days, unless the business is sooner ended, 1, p. 47 — p owers of defined, 1, p. 51. To try all summary process, 1, p. 52 — to hold courts in iheir respective counties as they now stand ad journed, 1, p. 53 — to administer the oath prescribed by the constitution to the judges and justices of the peace, 1, p. 52 — to assess and collect county taxes, 1, p. 291 At law, may order sales of lands mortgaged, 1, p. 64 — to administer the oath of office to commissioners for settling the public accounts, 1, p. 70 May make rules and orders for carrying into effect the jury law, .1, p 160 — m ay direct and alter the places of holding sheriffs sales, 1, p. 168 To order tax-collectors to furnish sheriffs with lists of the taxable inhabitants, t o*end>!c them to make new jury lists, 1, p. 212 Notlessthanthrcetoattcndtheadjo^rr.ed court at Columbia, 1, p. 21,3 Directed to procure seals for the district courts, 1, p. 230 oTwo t attend at Cambridge to hold courts, 1, p. 290, 43 To o rder new jury lists to be made out every three years, 2, p. 243 To cause juries to be drawn, 2, p. 244 nTwo i addition to the present number to be elected for the courts of g eneral ressions and common picas, 2, p. 247 Act e stablishing the salaries of the governor, Etc. so far is relates to the j udges, repealed, '.2, p. 247 Of t he courts of ordinary to be appointed by the legislature, 2, p. 3 1 5 Of the court of common plea?e to determine all appeals, 2, p. 316 Associate shall meet at Columbia after the conclusion of the circuits, .2, p 317 — e ach shall give his opinion in writing, to be filed with the records, 2,. p 317 f— i two or more attend, they may distinctly hold a court of general sessions and common pleas, 2, p. 317 — m ay appoint clerks of courts in case of vacancy, 2, p. 319 —o t appoint a clerk to attend at Columbia, who is to be allowed ■ 8 140 annually, ■ 3, p. 326 INDEX. Of t he courts of common law not attending disirict courts, the clerks and sheriffs authorized to draw the juries, 2, p. 35 S JUDICATURE. A ct to establish an uniform and more convenient system of, 2, p. 23 3 Act to revise and amend, ditto, 2, p. 202. Act supplemental, .2, p 313 This s tate divided into districts, 2, p. 238. Times of holding and sitting of the courts, 2, p. 240, 241 Distribution o f courts into circuits, 2, p. 241. Courts of record, 2,. p 242 oSheriff t make jury lists, who, together with the clerks of courts, to draw jurors therefrom, 2, p. 242 New j ury lists to be made out every three years, 2, p. 24 3. Qua lification of Jurors, 2, p. 243 Judges to cause juries to be drawn, 2, p. 244. Penalty on jurors for non attendance, 2, p. 2 44 Jurisdiction of county courts declared, 2, p. 244 Former courts of general sessions and common pleas abolished and business transferred, . 2, p. 245 Clerks of the courts, how to be appointed, 2, p. 246 Court of wardens in Charleston abolished,. 2, p. 247 Attornics fees reduced, 2, p. 247 Two judges added to the present number, 2, p. 2 17 Repealing clause as to judges and chief justice, 2, p. 247 Colleton court to be held at Jacksonborough, 2, p. 248 Commissioners to fix on central places in Colleton, Sumter., Marion and Barnwell districts for the erection of court-houses and gaols, / 2 , p. 248 Present c lerks and sheriffs of county courts continued until others are elected, 2, p. 249 Richland c ounty made a district, and, with Fairfield, included in the southern circuit. 2, p. 263 Sheriffs h ereafter to be elected, to give bonds for the faithful per formance of the duties of their offices, 2, p. 263 — t heir securities to be approved of by commissioners, 2, p. 26-4 fEach o the courts, (except in Charleston,) shall sit not exceeding six days, (except also the courts of Colleton and Beaufort dis tricts, which may sit 5 days, but not longer,) unfinished business shall be adjourned over to the next court, 2, p. 264 Namesf o 24 persons to serve as grand jurors, and 48 as petit and common pleus jurors, to be drawn, 2, p. 265 Jurors d rawn and neglect to serve, shall forfeit a sum not exceeding 20 dollars, 2, p. 265 County c ourts abolished, 2, p. 265 If c ourt day happens on Sunday, the court shall sit the day follow ing 2, p. 266 Judge n ot attending on stated day, the court shall be adjourned, 2,. p 36* INDEX. Clerksf o courts to be appointed by the governor, 2, p. 266. Bond of the clerks may be sued, 2. p. 267 fPart o the act concerning the fees of attornies, repealed, 2, p. 267 Court-houses and gaols for Colleton, Marion, Barnwell and Sumter districts, to be built, 2, p. 267 Prisoners i n a new disti ict may be lodged in the gaol of the old, 2,. p 268 Attornies taking greater fees than those established by law, shall for feit £.50, 2, p. 268 Process depending on the 1st Jan. 1800, how returnable, 2. p. 313 — to Le tested and sealed, 2, p. 314 How toproceeci where defendants reside indifTerentdistricts, 2, p. 3 14 How executions are to be issued and served Lifter 1 January, 1800, 2,. p 311 Clerk of any district court, or justice of the quorum, may give or der for bail, and take special bail, 2, p. 3 14 Writs of attachment, summons in dower or in partition, dem.inda- able in district court, 2, p. 315 Courts of ordinary established in each district within the state, 2, p. 315 — judges of, to be elected by the legislature, 2, p; 315 — empowered to summon persons as witnesses, 2, p. 316. Persons neglecting to attend, to be proceeded against. Sheriffs to execute all process of, 2, p. 316. Persons aggrieved may appeal, 2, p. 315 Judges of the court of common picas to determine appeals ; and all matters of fact shall be tiled by a jury, 2, p. 316 Associate judges shall meet at Columbia on the Tuesday next after the conclusion of the circuits, annually, 2, p. 317 Each judge shall give his opinion in writing, 2, p. 317 If two or more judges attend, they may distinctly hold a court of sessions and common pleas, 2, p. 317 Jurisdiction of a magistrate extends to debts of 20 dollars, 2, p. 3 is Persons aggrieved may appeal when the debt is above 6 dollars, 2,. p 318 Attorneys fees in future, shall be only 2 dollars in all cases of ap peal, 2, p. 318 Clerks of district courts constituted registers of mesne conveyances, 2,. p 318 — where the office of, is vacant, the judge may appoint, 2, p. 318 Former clerks and sheriffs, having monies, bonds, notes, &c. to ac count with the commissioners of the roads, 2, p. 319 All executions to be returned at the time appointed by law, 2, p. 319 In all actions to try title, the plaintiff shall have costs, if the verdict is above 4 dollars, 2, p. 320 Writs of scire facias may be served without witness, 2, p. 320 Times and places for holding the courts of equity, at Charleston, Columbia and Cambridge, altered, 2, p. 320 Districts divided into four circuits ; eastern, northern, western and southern, 2, p. 320 INDEX; / ^--sheriffs o f, t6 execute process issued from the court of equityf .2, p 321 Commissioners a nd registers in equity to be appointed for each dis-> trict, 2, p. 322 Attorney-general a nd solicitors to revive suits of the public, against tax-collectors, 2, p. 322 Suits p ending in court when chancellor Mathews resigned, revived, 2,. p 322 Judgef o the court of ordinary, sheriff, clerks of court, and coroner, iriay qualify before any two justices of the quorum, 2, p, 322 fRecords o county courts to be transferred into the district courts, 2,. p 323 Clerksf o the court of common pleas shall grant commissions to ex amine witnesses, 2, p. 32 3 Persons w illing to become guardians of negroes, fee. to file their pe titions in the office of the clerk of the court of any of the districts, 2.. p 324 Ail l aws relative to estrays, now in force, shall prevail after 1 Janu ary, 1800, 2, p. 325 All l uws relative to the Ute circuit courts or districts, shall extend to the new districts, • 2, p. 325 Where a j ud™e on the circuits shall be takensick, the governor may- appoint a proper person to sit, 2, p. 325 Solicitors, e ach to receive 500 dollars per .annum, 2, p. 326 Judgesf o the cou, ts of law, authorized to appoint a clerk to attend at Columbia, 2, p. 326 fSheriff o Richland district to attend the sittings of the said judges, and to be allowed g 50 annually, 2, p. 326 General a nd repealing clauses, 2, p. 249, 268, 325 JUDGMENTS. eTo b takenby default when no appearance lias beenentered, 1, p. 40 Clerk's f ees for i ecording, 2', p. 34 JUDICIARY— S ee judicature. JURISDICTION. Of t he court of wardens in Charleston, in certain cases, ascertained, ■ 1, p. 82, 83 — e xtended to counsellors, attornics, solicitors 8c clsrks, 1, p. 84,85 Of N orth Island ceded to the United States, 2, p. 101, 155 Of c ounty courts declared, . 2, p. 244 Of m agistrates extended to debts of S 20> 2, p. 318. Extended, (except in the city of Charleston.) 397 Of t he inferior city court designated, 2, p. 394 JUROR. Special, p enalty for neglecting to attend as a, 1, p. 161 Grand, p erson paying 15s. tax, to be chosen as \, 1, p. 162 rPetty o common pleas, persons having paid 5s. tax, to be chosen as a, 1, p. 162 Six a dditional, shall be drawn, in addition to those heretofore drawn, and form two juries, ■ 1 , p. 1 62 INDEX. Fine f or not attending and acting as a, I, p. 163. For non-attend ance, 2, p. 244, 265, 472 Act to dispense with the frequent swearing of, in civil causes dis- . pensed with, 2, p. 152 For Charleston district, how to be drawn in future, 2, p. s 1 6 Drawn for ceruin courts in the upper districts, to attend, 3, p. 544 NDJURY A JURIES. Lists to be made out by the sheriffs of the new districts, and ren dered in to the judges, 1, p. 44 — to be made out at least once in three years, 1, p. 161 — 2, p. 243, 264. To be procured by the sheriff, 2, p. 473 Act to amend the law respecting juries, 1, p. 158 Special, mode of drawing in future, 1, p. I59 — may be struck, when the sum in controversy exceeds £.50, .1, p 159 oTwo, t be formed in the county or circuit districts, 1, p. 163 Drawn for Pinckney & Ninety -six districts, declared legal, l,p. 164i To be drawn by the sheriffs for Washington district, 1, p. 1 64 Drawn at the last courts of Cambridge and Camden, declared legal, 1,. p 212 — f or the circuit court of Chester district legalized, 2, p. 358 Shall r ender verdicts in dollars and cents, after the 1 May, 1796, .2, p 1G Actf o 1791, so far as relates to special, repealed, 2, p. 84, To b e" drawn by the clerk and sheriff, in case of the absence of the judges, 2, p. 358 Shall t ry causes in the inferior city court in Charleston, 2, p. 393 To serve at the next spring circuit for Sumter district, act to legal ize the drawing of, 2, p. 404 Lately drawn for Orangcburgh district, legalized, 2, p. 405. To be drawn for Horrv district, 2, p. 472 JUSTICES OF THE PEACE— See Quorum. Fees established, 1, p. 15 To be appointed for each county as heretofore, 1, p. 50. Jurisdic tion of fixed, 1, p. 51 Not to exceed nine in each county, and continue in office four years, 50 — 2 , p. 260 Judgment o f, above 20s. an appeal may be made from, 1, p. 51 To receive no fees on judgment for less than 10s. 1, p. 51 No j urisdiction in Tort, allowed to, . 1, p. 52 Oathf o office prescribed by the constitution, to he administered to, 1,. p 52 Shall n ot keep taverns, or retail spirituous liquors, 1, p. 53 ShallissuewaiTantsagainstpersonsforgaming,swindling,Scc. 1 , p. 79 Shall have the same jurisdiction where county courts are not estab lished, as where they are, , 1, p. 171 Shall return recognizances to the courts of sessions and pleas, under the penalty of £. 10, 1, p> 172 F INDEX. oAct t increase the number of, where county courts are established, from 9 to 15, 1, p. 33 8 May c ite witnesses to give evidence before them, 1, p. 33 4 eTo b removed from office for mal practices, 2, p. 8 3 Intendant & : wardens of Camden vested with the authority of, 2, p. 180 Number of, increased in certain counties, • 2, p. 22 O "Where f ormer districts arc divided, they may act where they re side, • 2, p. 262 Jurisdiction of, extends to debts of 20 dollars, 2, p. 318. Extended, (except in the city of C. T.) 2, p. 3t>7 Parties aggrieved, where the debt is above six dollars, may appeal, .2, p 318 Required t o disperse the meeting of assemblies of slaves or free negroes, 2 , p. 352 Authorized t o issue warrants to apprehend negroes, See. 2, p. 37 Si. Increased i n the several districts of the state, 2, p. 548 KERSHAW, J OHN. Act conveying the right of this state to two slaves, to the represen tatives of the late Joseph Kershaw, deceased, 2, p. 480 KERSHAW D ISTRICT. Acto t establish a county and county court in, 1, p. 85. Courts to be h eld in, 1, p. 8 6 Commissioners a ppointed to survey the lines between the counties of K ershaw and Lancaster, and Rershaw and Claremont, 1,-p. 86 Court-house i n, may be used for county-courts, 1, p. 17 1 oAct t fix the lines of division between the counties of Kershaw and Lancaster, K ershaw and Claremont, and Kershaw and Richland, 1,. p 242 Commissioners appointed to superintend the public roads in Ker shaw county, 2, p. 230 LABORATORY. eTo b erected at Georgetown and Beaufort, 2, p. 80 LANCASTER C OUNTY. Commissoners appointed to survey the lines between the county of Kershaw and, 1, p. 86 Dividing l ine between the county of Kershaw and, fixed, 1, p. 243 Escheated property within, vested in trustees for endowing school i n, 1, p. 302 See a ct vesting the said property in Jane Summcrville, 2, p. 372 'A Monies arising from the sale of the court house and gaol in, to be paid into the treasury, 2, p. 522 LANDS. L imitation act, respecting the recovery of, suspended, until 1st No vember, 1791, 1, p. 56 Mortgaged, may be sold by order of the judges, 1, p. 64 Actions to try title to, to be by trespass, 1, p. 66 Vacant, act establishing the granting of, 1, p. 60 INDEX. —granted, a nd not resold by the treasurers, to be paid for at 4s 8d per hundred acres, 1, p. 61, 62 fClauses o several former acts for granting of, repealed, 1, p. 61 Grunts o f, in the secretary's office not taken out in 12 months, lands to be sold, 1, p. 62 Where p ayments for, have been made indifinitely, treasurers autho rized to sell, 1, p. 62 Surveys b f, may be relapsed after 1st April, 1791, " 1, p. 63 —made b efore 1st April, 1791, may be carried into a grant on pay ment of one dollar per 100 acres, 1, p. 63 Mortgaged f or gaming, mortgage void, 1, p. 81, 83 On s ale of, mortgaged to the paper medium loan office, where the purchaser fails to comply with the terms, treasurers may pro ceed in a summary manner, 1, p. 220 Mortgaged t o the paper medium loan office, sold and bought in on account of the state, to be exposed to public sale by the treasurer in Charleston, 1, p. 220 — 2, p. 493 e—to b restored to persons paying their arrears of interest and prin cipal due, 1, p. 220 Grants o f, in the secretary's office, act to extend the time for tak ing cut, I, p. 222. Extended, 1, p. 339 Sale o f, postponed for 12 months, 1, p. 223 oEbble t execution under a decree on summary process, 1, p. 290 Office p artially closed for four years, during which period no per son shall obtain more than one grant for 500 acres, 1, p. 333 If w hen surveyed they comprehend others property, the party in terested may bring his action of trespass, and recover damages and treble costs against surveyor, ' I, p. 333, 334, 335 Excessive s urveys of, since 1 April, 1791, grants of, not to be giv en out, 1, p. 340 Two t housand acres of land may be purchased in this state by the United States, for arsenals and magazines, 2, p. 12. To be va lued if the parties cannot agree, and vested in U, S. 2, p. '* In t his state belonging to the U. States, shall be subject to the state laws, . 2, p. 13 Grants o f, surveyed previously to the year 1792, to be delivered out by the secretary of the state, 2, p. 137 Applicants f or, to swear that they are the persons interested, 2, p. 138 fGrjnt o 640 acres to be delivered to Christian Faust, 2, p. 138 — t hat have been made out, shall be delivered by the secretary of stite, 2, p. 495 Heldy b foreigners, to be sold, if the taxes thereon are not paid, . , 2 . p. 488 Mortgaged t o the paper medium loan office, and bought in for the, State by the treasurers, to be sold, after 3 months previous notice, 2,. p 493 Mortgaged t o the state, (except the foregoing lands,) to be sold by the sheriffs of the districts in which they respectively lie> 2, p. 494 I. N D E X Soldy b former sheriffs, titles for the same may be executed by the present sheriffs, 2, p. 496 Copyf o plats of, may be produced in evidence in the courts of this state, 2, p. 498 LAURENS C OUNTY. fLine o division between the county of Greenville and, altered, 1,. p 245 fNumber o justices of the peace for, increased, 2, p. 220 LEGISLATURE. M embersof.goingorrcturningfromthc,exemptedfrom toll, I, p. 118 — their pay for attendance upon, regulated, 2, p. 270 To e lect major-generals, brigadier-generals & an adjt. gen. 1, p. 306 LIBERTY C OUNTY. Act establishing the upper line between the parishes of Prince George, Prince Frederick, and, . 1, p, 90 LICENSES. For r etailing spirituous liquors, may be granted by county courts, 1,. p SO —and k eeping billiard tables, may be granted by the commissioners of the streets of Georgetown, 1, p. 88 For k eeping billiard tables, may be granted by county courts a:;d commissioners of roads, I, p. 224 — a nd retailing spirituous liquors, may be granted by the Town Council of Camden, 1, p. 233 Fees f or granting, to keep billiard tables, and retailing spirituous li quors, to be paid, 1, p. SS, 22!, 234 eMay b granted for retailing spirituous liquors, bv the commission ers of the streets and markets of the town of Columbia, 2, p. 223 y— b do. of the streets and markets of the town of Winmborouch, 2,. p 524 For r etailing spirituous liquors and keeping billiard t.-.bles, may ba granted by commissioners of roads, 2, p. 325, 339 —may d o. by the Town Council of Beaufort, 2, p. 531 LIGHT-HOUSE. O n North-Island, place for erecting the same, to be ceded to the United States, 2, p. 3 LIMITATION. A ct of, suspended in personal actions, until 25th M-irch, 1793, 1,. p 55, 56 — i n real actions, until 1st November, 1791, 1, p. 56 LIQUORS, S PIR1VUOUS. Licenses t o retail, may. be granted by county courts, 1, p. 50. By commissioners of the streets of Georgetown, 1, ,p. 88. By the town council of Camden, 1, p. 233. By the commission ers of the streets and markets of the town of Columbia, 2, p. 223. By commissioners of the roads, 2, p. 325, 399. -By the commis sioners of the streets and markets of the town of Winnsborough, 2, p. 524; and by the town Council of Beaufort, 3, p. 531 I. N D E X City c ouncil of Charleston authorized to increase the tax on ii.r". , for retailing of, 2, p. l'»i LOAN. Office, c ommissioners of, to advertise defaulters in the gazct>oc < i Charleston and Columbia, , 1, p. :'7 — s hall cease after 1st June, 1791, together with the salary of t; <■ commissioner ; and all the book«, papers, a"d p. .per medium, &c. to be delivered over to the treasurer in Charlc-i'.n, 1, p. CO Of t he fundable indents of this state to the United brutes, to be sub scribed by the treasurer, 1,'p. 73 Toe b opened for the debt due by this state, 1, p. 375. What pi pers receivable, 1, p. 3; 5 John L ewis Gervais, esq. continued commissioner of, 1, p. 379 .2, p 73 LOCATIONS. Commissioner o f, fees established, 1, p. 17. To be appointed bv the governor, I, p. t 1 — a ppointed for Ninety-six district, authorized to issue hisw..r.< t for vacant lands to John Sloan, John Monk, and Wm. Hill, j" . .1, p 5 ,i — o f, for Georgetown district, act to lessen the security given . , 2,. p ) Acto t establish the office of commissioner of, 2, p. , -1 LONG C ANE SOCIETY. Upper, incorporated, 2, p. -18 LOTTERY. eTo b established by the Indigo Society in Georgetown, 1, p. 2 6 y—b the trustees of Cambridge College, 1, p y— b certain inhabitants of Georgetown, and the directors of '.e Santee C anal, 1, p. 3< — f or the promotion of useful manufactures in this state, 2, \, 17 — for the purpose of removingobstructions in Savannah river, 2. 20 — by the trustees of Williamsburgh academy, 2, p. 64 Maye b established to defray the expenses of opening the n OATH. Modef o administering the, to 'judges and justices of the peace, l,p.2 5 To be administered to the commissioners appointed to settle the ac counts of the present and former com'rs. of the treasury, 1, p. 70 — to messengers of election returns, 1, p. 226 —o t commissioners appointed to examine election returns, 1, p. 223 Of fidelity to be taken by militia officers, 1, p. 354 Time f or taking, by militia officers, extended to six months, 2.. p 36, 119 One only to be administered to jurors for the whole term. 2. p. 153 Of office to be administered to the commissioners of the streets and mcrkets of the town of Columbia, 2, p. 222 eTo b taken by the owners of slaves to be emancipated, 2 p. 356 Of office, to be administered by any two jus-.ice,s, one of whom shall be of the quorum, .2, p. 360 Toe b taken by magistrates and freeholders, for the trial of negroes, 2,. p 376 — -by keepers of ferries, to carry into effect the act to prevent ne groes from being brought into this state, 2, p. 377 — by appcalant from the inferior city court m Charleston, 2, p. 397 —by persons removing with their negroes into this state, 2, p. 450 OFFICES. Public, c ertain, to' be kept open from 9 o'clock in the morning until 3 o'clock in the afternoon, 1, p. 21 Of t he treasury and of the tax-collectors, to be visited by the com missioners of public accounts, 1, p. 70 Of r egister of mesne conveyances for Horry district, vested in the clerk of the court, 2, p. 73 OFFICERS. Of g overnment, salaries of, established, 1, p. 4. To continue in force for 4 years, 1, p. 23 Public,r o others, may be prosecuted for receiving greater fees than they are entitled to, 1, p. 21 —o t keep their offices open, 1, p. 21 —shall f orfeit their offices, if they purchase at their own sales, , l ,p. 41 — s hall make up their accounts to 20 Feb. 1791, and submit the same to the commissioners of public accounts, 1, p. 67 —m ay leave the state for a less lime than 30 days, without permissi on of the governor, 1, p. 168 — f or a longer time with the permission of the. governor, l.p. 169 — t heir salaries payable quarterly, 2, p. 427, 497 — c ertain, declared to be justices of the quorum ex-officio, 2, p. 550 OPINION. 0f a ssociate judges, in all matters of law decided by them, to be given in writing, 2, p. 317 I. N D E X ORDINARY. Fees o f, established, ■ . l,p. 18 Of O rungebuigh and Beaufort districts, to keep all records relative to the business of- in the county courts wiich arc suspended, 1, p. 54 Courts of established in the several distticts cf this state, 2, p. 315 Judges of, to be appointed by the legislature, 3, p. 3 15. Empower- . oed t summon pcrs-ons as witnesses, 2, p. '3 16 o— t have all summonses and other precepts issued by them, exe cuted by the sheriff, 2. p. 316 Persons neglecting to attend, may be proceeded against, 2, p. 316 Persons aggrieved by the judgment of, may appeal, 2, p. 3 1 6 Appeals to be determined by judges of court common pleas, 2, p. 3 1 6 Declared to be justice of the quorum ex-ofiioio, 2, p. 5c0 Judges of, in their respective districts, to be furnished by persons having papers or books of record of the late county courts, apper taining to their offices, 2, p. o56 Of, certain districts, directed to attend at the court-housps of their respective districts, once a month, 2,' p. 566 Penally on, for neglecting to complv therewith, - 2, p. 567 ORANGEBLRGH. D istrict, limits of, i, p. 37 — c ounty courts in, suspended, 1, p. 54 Ro<:d f rom, to Grand)', to be laid out, - 1, p. 109 Bridge t o be built from within the limits of the town, across Edisto river, 1, p. 228 District, t rustees appointed to establish schools in, 2, p. 234. Also appointed, esciieators for, 2, p. 237 — j ury drawn for, legalized, 2, p. 405 — c lerk of, constituted register of mesne conveyances for, 2, p. 546 — court of Lexington to be held at, until a court-house is built, .2, p 547 ORPHAN-HOUSE. I n Charleston, all the escheated property within the parishes of St. Philip and St Michael, vested in the city council, for the benefit of the, 2, p. 305 OVERSEERS. Toe b appointed bv the board of commissioners for opening the na vigation of certain livers, 1, p. 97 To s uperintend the slaves at work, 1, p. 97. Penalty on, for re fusing to serve, S, p. 97 Employed a t the Santee canal, exempt from militia and road duty, 2,. p 36, 60 fCapable o performing patrol duty, must be employed by owners of plantations, 2, p. 354 OWNERS. Of p lantations must employ overseers capable of performing patrol duty, or forfeit 100 dollars, 2, p. 354 Tax-collectors t o issue executions for double the amount, in case of failure therein, 2, p. 355 INDEX. O f l ots on the front of streets in Beaufort, restricted from building thereon, , 2, p. 365 PAPER M EDIUM. Act f or gradually calling in and sinking the, I, p. 56 Borrowers o f, to pay the interest and one seventh of the principal, or their names shall be published, 1, p. 57 On n on-payment of, their mortgaged property to be advertised for sale by the treasurer in Charleston, 1, p. 57 Received, t o be defaced, and delivered to a joint committee of the le gislature, to be burnt, 1, p. 58 Commissioners m ay purchase in for the state, where the propeity will not bring its real value, 1, p. 59 j — o bliged to receive the whole sum borrowed, if offered, 1, p. 59 Tender o f, fov purchases at sheriff's sales, act for allowing us, re pealed, 1, p. 59 eMay b received at the treasury inpayment of the civil list expenses, l,p.9 5 Deficiency o f, the public faith pledged for, 1, p. 60. Loan office shall cease after 1 June, 1791, , 1, p. 60- Act r epealing the part of the act passed 12th October, 1785, which relates to burning the interest on the, 1, p. 175 — - allowing further time to the borrowers of, 1, p. 218 Lands m ortgaged for the loan of, and bought in by the treasurers, to be sold by the sheriffs of the respective districts in which they severally lie, 2, p. 493 PARISHES. Of P rince George and Prince Frederick, act establishing the upper line of, 1, p. go Of S t. Peter and St. Luke, line of division between, established, 1,. p 249 Of S t. Matthew and the election district of Saxegotha, commission ers appointed to run the division line between, 2, p. 181, 413 Of S t. James, Goose-creek, and St. George, Dorchester, commissi oners appointed to run the division line between, 2, p. 306 Of S t. Philip and St. Michael, escheated property in, vested in the city council for the Orphan House, 2, p. 305 PARTITION. Or d ower, altornies fees in all cases of, established, J, p. 9 Writ o f, to be obtained, by petition to the court of equity or common pleas, 1, p. 27 o- — t be directed to certain com'rs. who are to admeasure the estate, l,p.8 2 Summons i n,demandable of common right in district courts, 2, p. 3 1 5 PATROL. Act f or enforcing the performance of the duty of, - 2", p. 35 1 Officers r equired to disperse assemblies of slaves, free negroes, mu- lattccs and musiizoes, 2, p. 252 Penaltyn o person;; neglecting to ride, 2, p. 553 INDEX. oDuty t be performed by overseers, 2, p. 354 nPenalty o commanding; officers of a company or beat, for not mak ing out lists of detachments of, 2, p. 355 PENALTY. For e xchanging indents, 1, p. 73. For refusing to serve as com missioner of the poor, 1, p. 77 On t hose who fame, swindle, &c. 1, p. 79. On sheriffs, for pur chasing property sold by them, I, p. 41 Of£ . 20 on persons refusing to give evidence in the court of wardens, .1, p 83. 84 Of. £ 10 on persons refusing to serve as overseers of small districts, 1,. p 97 Of £ -.5 for injuring navigation, 1, p. 98. Tor destroying buoys, See. 1, p. 99 On k ecpenj of ferries or toll bridges, who obstruct fording places, 'l,. p US For r etarding persons at Hampton's bridges across the Congaree and Savannah rivers, and at (empton's or. Saluda river, 1, p. 118 For i njuring bridges, 1, p. 118, 119, 131. For retarding persons at Orangeburgh bridge, 1, p. 130 On i ntendant and wardens of the town of Camden for nial practices, I,. p 146 On s pecial jurors neglecting to attend, 1, p. 161. On pcrsonsre- fusing to attend as jurors, 1, p. 163 On j ustices of the peace for neglecting to lodge recognizances in the clerks offices, 1, p. 172 On p oisons appearing at musters improperly armed and accoutred, 1,. p 174 — i mporting slaves contrary to law, 1, p. 216 — 2, p. 374, 379 — n ot licei.sed to keep a billiard trble, I, p. 224 On t he proprietors of the bridge over Ashly ferry, for not comply ing with the requisitions of the commissioners, I, p. 256 On p ersons refusing to have a fee passage for fish, 1, p. 241 Of £ -50 for refusing to give information of the approach of an ene my, 1, p. 324 Of£.2 f or refusing to obey the notice of any commanding officer in time of alarm, 1, p. 325 On w itnesses residing within the state, for non-attendance, 1, p. 3S2, 383, 3 84, 385 On c ommissioners appointed to> have Horse-shoe creek cleared, for non-attendance, 1, p. 387 On o wners of slaves, for not making proper returns of such as are to work on Horse-shoe creek, 1, p. 388 On p ersons obstructing the passage or current of Horse-shoe creek, 1,. p 390 Recovered b y the commissioners of Horse-shoe creek, how appro priated, 1, p. 390 On p ersons injuring the causeways and bridges from Granby to Augusta, 2, p. 22 INDEX. —i nir.rinor'the works onCacaw swamp, 2, p. 25. On commissi onersf o Ci.c^w swamp tor not meeting, 2, p. 26 On o wners, who'.e slaves neglect to appear with proper utensils at Cacaw s wamp, 2, p. 23 On c ommissioners of roads for not acting, and on inhabitants for not sending t heir shves to work, 2, p. 54 On k eepers of ferries for unnecessary detention, 2, p. 61 On p ersons trading with slaves having no tickets, 8 200, 2, p. 92 — offending agrin^t the act concerning can'.e, 2, p. 96 On m illers or bolters neglecting^ to br-nd cusks of flour and brej.d, 5,. p 104 — for short weight and false tare, 2, p. 104 On r jcrsons exporting unmerchantable Hour, and for altering brands, 2,. p 107, 108 Mode of recovering on bread and flour, . 2, p. 1 10 On p ersons liable, and neglecting to work on Little Pedee river, .2. p 113 For obstructing Four Hofes creek after it shall be -cleared out,' 2,. p 114 —the passage offish up Chinquepin Sc Thomson's creeks, 2, p. 118 Fordct.uiving persons atBishop's ferry on Great Pedee river, 2, p. 1 17 On district sheriffs and provost marshals, for refusing to deliver up their b ooks, &c. 2,. p 145 On persons refusing to attend the coroner as jurors, 2, 151, 216 On constables refusing to serve the coroners warrant, 2,. p 151 Or hawkers and peddlers selling without license, 2,. p 152 For obstructing the navigation of Pine-tree creek, .2, p 167 On the proprietors of saw mills on Bluck-creek, in Cheraw district, for d elay of boats, &c. 2, p. 175 —f o Effinghtn's saw mills on Lynch's creek, for do. 2, p. 188 For obstructing the navigation of Saluda river, 2, p. 194 On c ommissioners appointed to make navigable the river Wacca- maw, f or refusing to act, 2, p. 1C2 o— t establish a ferry over Winyaw Bay, for neglect of duty, 2, p. 209 On persons transgressing the rules and regulations of the commissi oners of Columbia, 2, p. 224 On jurors for non-attcr.dancc at the circuit courts, 2, p. 244 ; and at other c ourts, . 2, p. 265 On p ersons injuring the works of the Charleston Water companv, 2,. p 282 On persons violating the act to prevent the opening of streets, &x. within t he city of Charleston, . . 2, p. 277 — f or keeping gaming tables open on Sundays on Sullivan's island, ."2, p 256 On owners of plantations, for not having overseers, 2, p. 354 On k eepers of ferries who shall refuse to take the oath respecting the b ringing of negroes into this state, 2, p. 377 Appropriations t hereof, '-, p 378 H INDEX. On p ersons found guilty of forgery, 3, p. S8t) On t he South-Carolina and State banks, for buying or selling of goods, 2, p. 388 .Of g 100, on persons retailing spirituous liquors or keeping of ta verns -without license, 2, p. 400 Of S- 300, on persons keeping billiard tables without license, 2, p. 401 For betting or playing at games or keeping any gaming place, .2, p 448 On j urors, failing to attend the court of Horry district, 3, p. 472 On tax-collectors, failing to take duplicate returns, and to make du plicate general tax-returns, 2, p. 490 — for making discrimination in issuing executions, 2, p. 491 On persons for not pursuing the directions cf the act concealing estrays, .2, p. 519 On ordinaries, failing to comply with the injunctions appertaining to the office of, 2, p. 566 PENDARVIS, JOSIAH. Act to authorize, together with his issue, to change their prasent name to tl>j.t of Bedon, 2, p. 475 PENDLETON COUNTY. Justices of the peace for, increased, 2, p. 220 Three boards of commissioners of the roads appointed for, 2, p. 417 PENSIONERS. H ow, and in what manner they are to be paid, 2, p. 311, 360 PEST-HOUSE. Maye b removed from Sullivan's island, by the city council of Char leston, 2, p. 98 Commissioners of, authorized to erect one on Moss island, at the * entrance of Port Republic, 2, p. 177 PETITION. eMay b made by persons entitled to a share of real or personal pro perty, to the court of equity or common picas, for a writ of par tition, ], p. 27 In c ertain cases, parties t^ proceed by, 1, p. 32 Copy o f, to be served 30 d-.ys before court, I, p. 33 Of p ersons willing to become guardians of negroes, &c. to file their petitions in the office of the clerk of any of the districts, 2, p. 324 PHILIPS, RALPH SPENCE. Comptroller-general a uthorized to deliver to, a certain bond and mortgage, 2, p. 4S6 Treasurer i n Charleston directed to issue to, a certificate for £. 22, and to register the same, 2, p. 436 Act,o s far as relates to the confiscated estate of major Ralph Phi lips, repealed, 2, p. 236 PHILOMATIC' SOCIETY. Of M arion district, incorporated, 3, p. 455 PICKENSVILLE. Established, 1 , p. 230 INDEX. PINCKNEY D ISTRICT. • Limits of, established, 1, p. 38 Commissioners a ppointed to build a court-house and gaol in, 1, p. 42 Jndgts authorized and directed to hold courts in, 1, p. 44 Alexandria c ollege in, act to establish and incorporate, 2, p. 185 PINCKNEYVILLE. E stablished, 1, p. 230. The house built for the gaoler of, to be vested in E lizabeth Bankkead, her heirs and assitrns, for ever, 2, p. 522 PINE-TREE CREEK. Act for opening the navigation of, 1, p. 366 — 2, p. 114. These acts repealed, ■ 2 , p. 1C4 Navigation c ompany incorporated, 2, p. 165 PLAINTIFF. S olicitor of, in equity, his fees established, 1, p. 7 May t ry his cause in the district in which the defendant resides or is taken, 1 , p. 39 May f ile his declaration during the sitting of the court, after the writs i returnable, 1, p. 40 May t ake judgment by default, if no appearance is entered, 1 , p. 40 In trespass, shall indorse on the writ and copy, that it is to try title to l ands for damages, 1, p. 168 May s erve process to receive proceedings on absentees, by posting nrules o the court-house door, 1, p. 213 Shall h ave costs of suit in all actions to try title, if the verdict is above 4 d ollars, 2, p. 320 POOR. C ommissioners of, to be chosen by the inhabitants of election dis tricts where county courts are not established, 1, p. 76 — powers and duties of, 1, p. 76. To receive gifts, legacies fines, &c. f or the use of, 1, p. 76 o— t assess sufficient sums for the relief and education of children of the,, 1 , p. 77 —o t bind out the children of the, as apprentices, 1, p. 77 o— t issue warrants of distress against defaulters, 1, p. 77 — w hen elected, shall serve, under the penalty of £. 5 each, 1, p. 77 — not obliged to serve more than 2 years in 6, 1, p. 78 —o t be elected in the counties wjiere county courts are established, l,p. 2 92 — powers of, 1, p. 293. To provide for the maintenance ofbr.stards, .2, p 75 — to assess and collect taxes, 2, p. 99 o.— t be elected in Edgefield district, 2, p. 100 Assessments f or, to be collected by the tax-collectors in all counties where c ounty courts are established, 2, p. 149 The s everal tax-collectors in the state, authorized to collect tax for the, a nd to be allowed the usual commissions, 2, p. 492 Unappropriated m onies in the hands of the com'rs. of the roads, rec. on a cct. of estrays, to be paid over to tie com'rs. of the, 2, p. 513 - INDEX. Overplus m oney wising from the sale of certiiin court-houses and gaols, to be paid over to the commissioners of the, 2, p. 521 PORCHER, PETER, Deceased. Act to compensate the heirs; and devisees of, for certain property, .2, p 300 PORKND A BEEF. Act providing for the barrelling and packing of, for exportation, at the towns of Chatham, Camden and Vienna, 2, p. 13 PORT R EPUBLIC. Island, vestry of the church on, authorized to convey land for the purpose of erecting a college thereon, 2, p. 65 —commissioners o f, authorized to erect a fort and pest-housjc on Mo^s island, 2, p. 176 Bridge c ompany incorporated, 1, p. 337 POSTELL, J AMES. Act to exonerate him from the purchase of two tracts of land, sold him by the commissioners of forfeited estates, on payment to the treasurers, for the land while in his possession, I, p. 200 POWDER. Receiver, s alary of, established, 1, p. 4 Inspector a nd arsenal keeper, salaries of established, 1, p. 4 — f or Charleston and Ninety-sis districts, salaries of fixed, 1, p. 342 — shall not administer the criice of, by deputy, 1, p. 343 —shall c ontinue in office 4 years, and give security, 1, p. 343 Receiver.-; l or the magazines at Gtor^ctovvn and Beaufort, to be elected, 2, p. 81 PRIMOGENITURE— S ec INTESTATE'. Rights of abolished, and e^Utes of intestates equitably distributed, 1, p. 24. Amended, . 2. p. 147 PRINCE F REDERICK'S PARISH. Act establishing the upper line between, and Prince Georges parish, .1, p 90, 2(33 PRINCE G EORGE'S PARISH. Act establishing the upper line between, and Piince Fredeick's parish, • 1, p. 90, 263 Taxable p roperty in, assessed by commissioners, to pay for Lynch's causewiy, . . 1, p. 178, 179 Ccr.fiscaied ; n d escheated propcrty.in, vested in the Vvinyaw Indi go scciety, 2, p. 70 Commissioners of the roads in, authorized to meet twice a year, .2l p 59 , P RISONERS. \Vr.en c!itxharr-ed, shall not be bound to pay any charges, 1, p. 45 In the new cistticts, maybe lodged in the gacls cf the old districts, .2, p 268 Crrrrritted u nder the authority of the United States, to be received by ♦! e kc.-pers of gaols, 2. ]>. 343 Toc L p: mined with blankets by sheriffs, 2> p. 343, 344 INDEX.' eyiey b committed to the gaol in Charleston district, by the Inferior City Comt, 2, p. 398 PRIVILEGED P ERSONS. Necessarily goingto 01 reluming; fromcourts, &c. 1, p. 44 — 2, p. 242 PROCESS. J udicial, shall be tested in the name of the chief justice or senior associate judjre,. 1, p. 39 Summary, t o be tried by the judges of county courts, 1, p. 52 nServed o absentees by posting on the court-house door of the dis# trict, 1, p. 213 In t he circuit courts, if too late for or.c return, good for the next, 1,. p 214 Summary, lands liable to execution under decree on, v 1, p. 290 Civil, not to be executed on persons not attending musters, 1,. p 314 Issued from the court of equity in the sevciv.l districts, to be execut ed by the sheriffs thereof. 2, p. 32 1 PROPERTY. Ofdef. ulters to the paper medium lo:.n-ofRce, to be purchased in for the state by the treasurers, when it will be sold below its in trinsic value, 1, p. 58, 59 Public, purchasers of, relief granted to, 1, p. 122. Refusing to comply with ti.c^ermsof sale- of, how to be proceeded against, 1,. p 220 Confiscated and escheated in Beaufort district, vested in the trus tees of Beaufort college, 2, p. 65 n— i the districts of Prince George, Winyaw, and /ill S.dnls, vested in the Winyaw Indigo Socie'y, 2, p. 70 n— i Cheraw district, vested in the Society of St. David 2, p. 70 . — in Clarendon county, vested in the Clarendon Orphan Society, .2, p 232 — in Orangeburgh distiict, vestedin trustees for establishing schools, 2.. p 237 —in Charleston, vested in the Roman Catholic Church in do. 2,. p 274 — in Kershaw county, vested in the Camden Orphan Society, .2, p 301 —in Lancaster county, vested in trustees for endowing a school, 2,. p 302 — in the counties of Union, York and Chester, vested in the trus tees of Alexandria College, 2, p. 302 & 303 — in Wi'liamsburgh district, vested in the trustess of Williamsburgh Ac-demy, 2, p. 303 — in C alleton district, vested in trustees for establishing a school, 2,. p 304 n— i the parishes of St. Philip and St. Michael, Charleston, vested in the C ity Council for the benefit of the Orphan-house; 2, p. 305 —u nsold, vested in John English, jun. 3, p. 307 "INDEX. —n i Conwayborough, to be sold for the support of the poor of Hor ry district, 2, p. 421 — u nsold, of the late Henry and Rowland Rugely, act respecting, repealed, 2, p. 484 Taxable, n ot returned to the tax-collectors, a list thereof to be an nexed to their general return of taxes, 2, p. 487 — h eld by foreigners to be sold if the taxes thereon are not paid, 2,. p 488 PROSECUTIONS. F or all delinquencies of officers employed in the collection of the public revenue, to be directed and superintended by the comptrol ler-general, •» 2, p.'292, 422 PROTHONOTARY. To deposit public money in ihe State Bank for siife keeping, .2, p 470 PUBLIC. Officersf o government, annual salaries of, established, 1, p. 4. To be p aid quarterly, 2, p. 427, 497 — d emanding or receiving greater fees than are allowed by law, may be p rosecuted, . 1 , p. 2 1 —o t keep their offices open from 9 o'clock in the morning until 3 o'clock i n the afternoon, 1, p. 21 — s hall not purchase property at their own sales, 1, p. 41 o— t make up their accounts to 20 Feb. 1791, and submit them to the c ommissioners of accounts, 1, p. 67 Sales, w hen and w here to be held in the several districts, and what onotice t be given, 1 , p. 41 Faith p ledged to make rood any deficiency arising from the failure of t he borrowers of the paper medium, 1, p. 60 Property, r elief granted to the purchasers of, 1, p. 123 Accounts, a ct to regulate the manner of keeping, in this slate, .2, p 15 Debtf o this state, how provided for, 1, p. 374 — 2, p. 71, 295. Act granting further lime for the registering of, 2, p. 430 QUARANTINE. O f the governor respecting, i>;.v.nted in his absence to the city coun cil, 2, p. S8 Act to amend the law re. peeling, 2, p. 156 QUINCE, W ILLIAM SORANZO. Act to authorize, to change his present name to that of Wm. S. Hasell, 2, p. 432 QUORUM. Justices o f, appointed throughout the state, 1, p. 50. To continue in office 4 years, 1, p, 50 — 2, p. .260 —to q ualify before the governor or judges, 1, p. 52 — m ay give orders for bc.il in actions in the supreme courts, where comity courts are not established, 1, p. 167 — a ppointments of, previous lo SOtU-Dec. 1798, void, 2, p. 259, 260 INDEX. ■^-appointed o n the said 20th December, 1798, to continue in office 4 years,' 2, p. 260 — a pportioned to certain parishes, counties and districts, 2, p. 260, 261. Increased, ' 2, p. 548 — c onvicted of mal-practices in office, to vacate the same, 2, p. 26 1-2 — shall be appointed as heretofore, 2, p. 262. — m ay give orders for bail, and take special bail, 2, p. 315 —j urisdiction of, extends to debts of 20 dollars, 2, p. 318 Parties a ggrieved, where the debt is above 6 dollars, may appeal, 2,. p 318 — a uthorized to qualify sheriffs, clerks of courts, judges of ordinary, and c oroners, 2, p. 322, 328 RANTOLE'S B RIDGE. oAct t vest in James II. Ancrum, his heirs and assigns, 2, p. 562 RECOGNIZANCE. Of s pecial bail, to be token by judges and justices of county courts, eto b certified, and transmitted to the judges or clerks of superior courts, 1 , p. 167 RECORDER. Of t he Inferior City Court in Charleston, empowered to hold court, 2,. p 393 Not permitted to plead in certain cases, 2, p. 397 RECORDS. In t he county courts of Orangeburgh and Benufort, relative to the businessf o ordinary of such courts, to be transferred over to the ordinary o f the district, and all other of the said courts, to the clerkf o the circuit court, and to the register of mesne conveyances, 1,. p 54 In the clerk's office of the circuit court of Cheraw district, act to re move the, 1, p. 362 To be returned to the court-house in Cheraw district, when it shall be repaired, 1, p. 364 In the several county courts in this state, to be transferred to the dis trict courts, 2, p. 323 Clerks of the several courts of, declared to be justices of the quo rum ex-officio, 2, p. 550 REDEMPTION. Equity o f, foreclosed by sale under judges order, 1, p. 64. Act explanatory, 2 , p. 1.57 — m ortgagee may hold land under a release of the, 2, p. 157, 15S REGISTER. I nequity, fees of established, 1, p. 6, 7 Of m esne conveyances, do. 1, p. 17 To k eep their offices open from 9 o'clock in the morning until 3 o'clock in the afternoon, 1, p. 21 —of Orangeburgh and Beaufort districts, 'to be furnished with the records of the late county courts of said districts, 1, p. 54 INDEX. f. — o Geftrgfettrvm district, deeds recorded in the office of, to be so- judged the first conveyance, 1, p. 8? In equity, to be appointed for each district S, p. 321, 322 Of mesne conveyances in Korry district, vested in the clerk of the said district, !, p. 473 — in Orangehuigh district, act to constitute the clerk of, 2, p. 546 — declared to be justices of the quorum ex-officio, 2, p. 550 RELIGIOUS S OCIETIES. Act to incorporate certain, 1, p. 364 BF.TURN D AYS. Throughout the state, established, 1, p. 40 RICE G ROUNDS. Act to explain the act passed 1 1 March, 1786, to regulate the open ing of dams across, 2, p. 271 RICHLAND COUNTY. Division line between the county of Kershaw and, fixed, 1, p. 24S Made a district, and, with Fairfield district, included in the southern circuit, 2, p* 263 Sher'ff of Richland district, to attend the meeting of the judges at Columbia, 2, p. 326 RIVERS. oAct t open and improve the navigation of suhdry, I, p. 91 Act g iving further encouragement for the opening of the Catawba and W ateree, 2, p. 16 oAct t remove obstructions in the Savannah, 2, p. 19 oAct t open the navigation of Little Fedee, 2, p. 112 Acto t clear out and keep n:wig ible Waccamaw, S, p. 190 Act f or opening the navigation of Saluda, 2, p. 194. Altered and amended, 2 , p. 341, 342 , Act to repeal the act respec ting; Broad and Pacoiet, and to authorize the c ommissioners appointed to draw out of the treasury, g 10.000 towards d efraying the expenses of making the same navigable, 2,. p 39J ROADS. Commissioners o f, appointed by judges of the two intermediate county courts, 1, p. 47 Act f or laying out certain, I, p. 103, 260 — 2, p. 43, 122, 168, 198, 2 83, 327, 411, 532 — therein particularly specified, 1, p. 100, 260 — 2, p. 20,43, 122 ROGERS' L AKE. Act to open and keep in repair a canal from, into Fcc-ee river, 2,. p 121 ROMAN C ATHOLIC CHURCH. In Charleston, act to incorporate, 1, p. 136 The e scheated property of the late Joseph Mincon, vested in the vestry of the, 2, p. 275 ' S AINT ANDREWS SOCIETY. Act to incorporate, 2, p. 217. Extended, 3, p. 555 INDEX. SAINT G EORGE'S PARISH, DORCHESTER. Commissioners appointed to run the division line between, and St. James p arish, Goose-crcck, 2, p. 306 Inspection a nd ware-houses for tobacco, established at, 2, p. 439 SAINT J AMES,' PARISH, GOOSE-CREEK. Commissioners appointed to run the division line between, and St. George's parish, Dorchester, 2, p. 306 SAINT L UKES PARISH. Division line between, and St. Peter's, established, 1, p. 249 SALARIES. Of p ublic officers established, I, p. 3. To continue in force for 4 years, 1, p. 23. Repealed partly, 1, p. 358 —o t be paid quarterly,, 2, p. 427, 497 o— t be paid in paper medium, 1, p. 59 Of t he commissioners of the loan office rhall cease after 1 June, 1791, .1, p 60 Of t he commissioners of public accounts, 1, p. 71 Of t he powder inspector and arsenal keeper of Charleston and Nine ty-six districts, established, I, p. 342 Of the Governor and other public officers, act for establishing the, 1,. p 357 Of t he adjutant-rencral, fixed for three years, 2, p. 36 Of t he circuit solicitors, fixed, 2, p. 326 SALEM C OUNTY. Formed out of the counties 01 Claremont and Clarendon, 1, p. 238 County courts established in, 1, p. 239 Commissioners a ppointed to fix on a convenient place for a court house and g^ol, ], p. 239 Mode and ir.anr.cr of voting at elections for members of the legis lature, and a member of congress, 1, p. 239 SALES — See Lands SALUDA RIVER. A public ferry to be established at, I, p. 105, 267 A bridge to be built across, by Thomas Chappell, 1, p. 266 Act appointing com'rs. to open the navigation of, 2, p. 194, 3*41 First clause partially repealed, 2, p. 342 Act to prevent obstructions to the passaec of fish up, 2, p. 366 SANTEE C ANAL. The directors and stockholders of, empowered to establish one or more lotteries, to raise £. 6000, and enable them to proceed with spirit in the completion of the work committed to their care, .1, p 369 Overseers, t oll receivers, lock keepers, and white labourers, em ployed at, excused from militia duty, 2, p. 36 Persons employed at the, exempt from road duty, 2, p. 60 SCIRE F ACIAS. May be served without witness, 3, p. 320 ' / INDEX. SECRETARY. To t he governor, 'salary of established, 1, p. i Of t he state, fees of established, 1, p. 5. To keep his office open from 9-o'clock in the morning, until 3 o'clock in the afternoon, .1, p 21 —office o f, time extended for taking out grants of land, 1, p. 222, 339, 3 40 o- — t deliver out grants of land surveyed previous to 1792, 2, p. 137 — with three commissioners, appointed by the' governor, may exa mine election returns, l>.p. 228 — to receive and record a copy of the plan of the town of Camden, 2,. p 227 o— t deliver grants of land, upon the persons producing the treasur er's receipt, of payment being made, 2, p. 495 — directed to deliver up the bond of Thomas Gough, 2, p. 500 SENATE. Clerk, m essenger and door-keeper of, salaries of established, I, p. 4 Clerk of, to receive a salary of £.287 per annum, 1, p. 358 SESSIONS. General, d ays fQr boding the courts of, fixed, 1, p. 35 — c ourt of, to have jurisdiction of all pleas, civil & criminal, I, p. 36 — abolished, and business transferred,- ' 2, p. 245 SHERIFFS. Fees o f, established, 1, p. 12, 13, 14. To give constant attendance at their offices, 1, p. 21 To c ollect and receive their own fees, 1, p. 22 Or t heir deputies, to serve executions in the dis'rict in which the defendant resides, 1, p. 40 Shall t urn over all writs and process unexecuted, and all executions under which no actual sale of property has been made, to their successors, 1, p. 40, 41 Shall n ot purchase at their own sales, under the forfeiture of his of fice, , I, p. 41 When and where they shall sell property, 1, p. 41, 168 What notices shall be given of sales by, 1, p. 42 Shall return executions ten days after return day, 1, p. 42 FYes of, shall be taxed, and ex'ons. issued on non-payment, 1, p. 42 And clerks to be appointed for the new districts, 1, p 44 — of county courts, to be appointed as heretofore, 1, p. 50" County, how to make sales, 1, p. 53 Shall stay execution, when injunction is applied for, I, p. 157 Of Washington district, to draw juries, 1, p. 164 Shall keep their offices near the court-house, 1, p. 165 Shall deliver up their books within three months after going out of office, 1, p. 165 Of Camden, to attend the court at Columbia, 1, p. 167 To be furnished with a list of taxable inhabitants, by tax-collectors, to enable them to make out jury lists, r, p. 212 INDEX. Act c oncerning the office of, 2, p. 8 Shall g ive security for the faithful discharge of the duties of their of fice, who shall be approved of by certain commissioners, appoint ed for that purpose, 2, p. 8, 263, 264 Amount for which each shall give security, 2, p. 9, 264 Shall not share the profits with any person, nor sell the office, 2, p. 10 Shall advertise of plaintiff and defendant, 2, p. 87 Shall pay over to creditors, the money received, within ten days af ter the receipt, 2, p. 87 Of Georgetown district, shall advertise property in the news-papers, 2,. p 88 Of C harleston district, and other districts in the state, to apply to all the o ld sheriffs, for their books, papers, &c. 2, p. 144, 145 Penalty o n, for refusing to comply, 2, p. 145 Where t he books and papers of, cannot be found, how to proceed, 2,. p 146 Shall advertise real property 3 weeks, and personal 15 days, previ ous to sale, 2, p. 147 Shall make jury lists and draw jurors, 2, p. 242, 243 To execute all summonses and other precepts directed them by the judge of the court of ordinary, 2, p. 316 May be called on by the commissioners of the roads, to render an account of the monies, bonds, notes, See. in their hands, 2, p. 319 Neglecting to return executions, at the time appointed by law, shall forfeit and pay a sum not less than 40 nor more than 200 dollars, 2, p. 319, 320. Shall serve writs of scire facias without witness, .2, p 320 Shall execute all process issued from the court of equity, 2, p. 321 May qualify before any two justices of the quorum, 2, p. 322, 323 Of Richland district, to attend the court at Columbia, 2, p. 326 To p rovide blankets for prisoners at the expense of the state, 2,. p 343, 344 May sell slaves committed, after conviction, _ 2, p. 347, 375 May d isperse the meetings of free negroes or slaves, 2, p. 352 May draw juries when the judges do not attend, 2, p. 358, 359 Of the inferior court in Charleston, to be allowed the same fees as in the court of common pleas, 2, p. 397 ■f O Sumter district, authorized to draw jurors for the court of, 2,. p 404, 405 To give tax-collectors receipts for executions lodged with them, 2,. p 426 Not to be served with rule of court or attachment, after a certain time, 2, p. 429, 430 Of C harleston district, shall deposit all public monies in their hands, in the State Bank, for safe-keeping, 2, p. 470 Of H orry district, to be served with a writ of venire facias, to sum mon jurors, 2, p. 472. —to give bond and security, %, p. 473 INDEX. o— t procure a jury list, agreeably to law, 2, p. 473 • P enalty on-, for making discrimination of persons in levying execu tions for taxes, 2, p. 4'J1 Entitled to the usual mileage for therservice of tax executions, 2,. p 492, 493 Authorized t o selHands mortgaged to the state, after giving three months previous notice, 2, p. 493, 494 o— t sell lands mortgaged to the state, but bought in on account of the state, 2, p. 494 —o t execute titles for lands sold by former sheriffs, 2, p. 496 —o t sell court-houses, gaols and other public buildings, late the pro- perty of county courts, 2, p. 522 — h eretofore occupied by the former district courts, and the monies arising from the sales, to be paid into the treasury, 2, p. 522 SHOOLBRED, JAMES. And Mary his wife, act to compensate, for certain land in Charles ton, taken for public use, 1, p. 373 SIMPSON, JOHN. Exonerated from the payment of a certain bond, 2, p. 435 Commissioners of the roads or of the poor, for Lancaster county, authorized to deliver up the said bond, 2, p. 405 SLAVES — See Negroes. SMITH, JOHN. Treasurers authorized to pay indents to the amount of principal and interest of Basil Cowpcr's confiscated estate, which has been sold, .1, p 125- SOCIETY.' Acto t enable the South -Carolina, to hold real estates, & bind to trades and professions, children educated at the expense of, I, p. 126 Lebanon, incorporated, 1, p. U3 Of F ree and Accepted Masons in this state, incorporated, 1, p. 190 German Friendly, incorporated, 1, p. 203 For p romoting the education of children in Beaufort district, 1, p. 205 The Indigo, in Georgetown, empowered to establish a lottery, .1, p 256 Medical, o f South Carolina, incorporated, 1, p. 344 Agricultural, o f South-Cut olina, incorporated, 2, p. 41 Of B eaufort and St. Helena, authorized to convey to trustees, anjr part or the whole of the funds now in their possession, 2, p. 69, 70 Sp.^rtanburgh Philanthropic, incorporated, 2, p. 196 Mechanic, i n Charleston, incorporated, 2. p. 212, 501 St. A ndrew's society in Charleston, incorporated, 2, p. 217. Ex tended, 2, p. 55 5 Clarendon Orphan, vested with all the escheated property in Cla rendon county, 2, p. 232 Of the Head of Enoree Baptist, incorporated, 2, p. 278 The Upper Long-Cane, of Abbeville district, incorporated, 2, p. 298 The Georgetown Library, incorporated, 2, p. 339 INDEX. The J ohn's Island, incorporated, 5, p. 367 The P hilomatic, of Marion district, and the Jefferson Monticdlo, of l7;,irfield district, incorporated, 2, p. 454 The M inerva, . , » 2, p. 478 The A bee yetomim ubne ebyonim, for the relief of orphans and chil dren of indigent parents, • 2, p. 481 Cf the Baptist church of Christ on Cland's creek, 2, p. 478 SOLICITORS. I n equity, fees of, established, 1, p. 7, 8 Of t he northern and'southcrn circuits, salaries of, established, 1, p. 4 Not exempt from the jurisdiction of the court of wardens in Char leston, 1, p. 85 Circuit, appointed, duties of, _ 1, p. 165 —to assist the attorney-general when called upon, 1, p. 166 Of circuit courts, salaries of altered and augmented, 1, p. 357 — .2, p 271, 326 Act regulating the admission of, in the courts of this state, 2, p. 88. Amended', 2, p. 436 To r evive all suits of the public against tax-collectors and others. .2, p 322 To attend the courts assigned for the southern, western, middle and northern circuits, 2, p. 544 SOUTH-CAROLINA. T he state of, divided into several districts, 2, p. 238, 239 — d ivided into eight election districts, 2, p. 443 Act p rescribing, on the part of this state, the times, places and man ner of holding elections for representatives in congress, 2, p. 443 Bank of, incorporated, 2, p. 382 Comptroller-General a uthorized to subscribe S 300,000, at the Stale Bank, in behalf of the state of, ■ 2, p. 467 The r ight of the state of, to two negroes, vested in the representa tives of the Lite col. Joseph Kershaw, 2, p. 481 Demands against the state of, not to be satisfied where the creditor is in arrears to, 2, p. 491" The right k title of the st?.te of, in certain lands, to be sold, 2. p. 495 College, trustees of, to have certain squares of land in Columbia con veyed to them, 2, p. 475. Act to aid the establishment of, 2, p. 5 14 Com'rs. of the state of, to meet the com'rs. of the state of No. Caro lina, concerning boundary, to be appointed'by the gov. 2, p. 551 . SPARTANBURGH PHILANTHROPIC SOCIETY. Act to incorporate, 2, p. 196. May establish an academy, &c. 2,. p 196 SPARTAN COUNTY. Times of holding courts in, fixed, 1, p. 46. Altered, 2, p. 37, 38 . S PECIAL JURIES. Act respecting, 1, p. 158. Mode of drawing, 1, p. 159 eMay b struck, when the sura in controversey exceeds £. 50, .1, p 159 INDEX. The 1 st, 2d, 3d Sc 4th clauses of the act passed in 1791, respecting, repealed, 2 , p. 84 Trial b y, abolished, except by consent of parties, 2, p. 148 STAGES. A ct granting to Nathaniel Twining the exclusive privilege of runr ninga line of, ' 1, p. 1 19 STATE B ANK. Act to incorporate the, 2, p. 382. Repealed, 8, p 456 Incorporated, 2 , p. 456 Fifteen d irectors of, to be chosen annually, three of whom to be ap pointed by the legislature, 2, p. 457, 458, 468 How vacancies of, are to be filled up, 1, p. 458 Directors of, entered up under protest, disqualified from serving as such, 2, p. 458 Fundamental articles of the constitution of, established, 2, p. 459 Corporation of the, shall not purchase or hold any public debt, 2,. p 464 — -shall not deal or trade in buying or selling any goods, 2, p. 465. Bills obligatory and of credit, assignable by endorsement, 2, p. 465 No director of, Sec. shall loan out money at an illegal rate of intc- rest' 2, p. 466 oNot t pay taxes, 2, p. 467 The c omptroller-general to subscribe to the, on behalf of the state, S 300,000, 2, p. 467 o— t be furnished annually with a statement of the capital stock of, 2,. p 468 To discount warrants of the comptroller-general, 2, p. 469 Billsr o notes of the, receivable at the treasury and bv the tax-col lectors, 2, p. 469, 470 Treasurers, tax-collectors in the parishes of St. Philip and St. Michael, sheriff of Charleston district", prothonotary, and master in equity, to deposit public monies for safe keeping in the, 2, p. 47Q Not to issue bills or notes of a smaller denomination than S 5, 'J. P- 470 In c ase of the failure of the, stockholders to be liable, 2, .P- 470 No loan to be made by any foreign Prince, 2, P- 470 Not to give credit to banks in other states, 2, P- 471 Corporation to be dissolved after 1 January, 1823, • 2, P- 471 STATE H OUSE. Keeper of, his salary established, 1, p. 4, 358 STREETS. Commissioners o f, to be appointed for Georgetown, with certain Powers, I , p. 88 In t he town of Beau fort, not to be stopped or obstructed, 2, p. 228, 366 In C harleston, not to be opened without special permission, 2, p. 276 SUITS. I n equity, shall not be sustained when remedy may be had at law, .1, p 34 INDEX. Commenced i n the late county-courts of Orangeburgh and Beaufort districts, shall be continued in the district courts, without being commenced de novo, 1, p. 54 Pending i n the court of equity when the late chancellor Mathews resigned, to be revived, 2, p. 322 —in G eorgetown district, to be tried in Horry district, 2, p. 472, 473 STORAGE— S ee Tobacco. SULLIVAN'S ISLAND. Pest house en, may be removed, and the lazaretto sold by the city council of Charleston, 2, p. 98, 99 Lots o n, to be taxed by the city council of C. T. to defray the ex pense of erecting a pest house, 2, p. 554 Commissioners of, empowered to lay out streets, rcgub.te the po lice and assess the inhabitants of, for defraying the expense of lay ing out the said streets, 2, p. 255 Penalty of fifty dollars to be paid for gambling on a sabbath day on, 2,. p 256 SUMMERVILLE, J ANE. Act vesting in trustees, the estate of James Summcrville, deceased, for the benefit of, i 2, p. 372 SUMTER D ISTRICT- Commissioners of, appointed to fix on a central place for a court house and gaol, 2, p. 248 Act to provide for the drawing and legalizing a jury for the court of, .2, p 404 Clerk o f, to issue a writ of venire facias, for jurors to appear and serve at the said courts, -2, p. 405 SURVEYOR-GENERAL. F ees of, established, 1, p. 4. Shall keep his office open from 9 o'clock in the morning until 3 o'clock in the afternoon, 1, p. 21 Shall receive and record in his oifice, a plan of the town of Camden, 2,. p 327 Deputy, 1 , p. 17. Locating lands previously granted, liable to an action of trespass, and on conviction, shall pay treble costs, .I, p 333, .334 — v iolating the instructions of the, liable to prosecution, 1, p. 335 SWINDLING— S ee Gaming. And excessive gaming, act to prevent the pernicious practice of, .1, p 78 TAX-COLLECTORS. To m ake out and close their accounts up to 20 February, 1 791 , with the commissioners of public accounts, 1, p. 67 Hereafter t o be appointed, shall hold their offices during the plea sure of the legislature, 1, p. 155 oHow t levy and proceed, what notice of sales shall be given, and how, 1, p. 169 Restricted f rom selling private property for public debts, 1, p. 169 INDEX. Sales m ade by,, shall be at the court-houses or most public places^ .I, p 170 May p roceed summarily ; when the tax is under 5 shillings, to have no fee, 1 , p. 1 70 May s ell slaves for taxes for one year, and land for seven, I, p. 170 After satisfying the taxes due, shall pay the balance to tfic sheriff, .1, p 170 All s ales made under pretext of raising money to pay taxes, contra ry to law, declared null and void, 1, p. 171 Shall f urnish sheriffs with the names of the taxable inhabitants, to enable them to make out jury lists, 1, p. 212 Punishment o f, for neglecting to obey a rule- of court, 1, p. 212 Where c ounty courts are established, to collect assessments for the poor, 2, p. 149, 492 Of W inyaw district, to give bond with four securities, instead of the security now given by him, 2, p. 150 Former a ccounts to be adjusted and settled by the comptroller-gen eral, B, p. 292, 42 2 eMay b suspended by the Comptroller-general for neglect of duty, 2,. p 293, '423 Entitled t o two receipts from the treasurers, on payment of monies to them, ' 2. p. 294, 424 Directed t o pay the treasurers orders in favor of annuitants, 2, p. 312 Penalty o n, for neglecting to give information of slaves being brought into this state contrary to law, 2, p. 349 Authorized t o issue executions against owners of plantations for not having overseers thereon, . 1 2, p. 355 Shall t ake sheriff's receipt for executions lodged with them, 2,. p 426, 427 Defaulters t o be reported by the treasurers to the legislature, 2.. p 427, 490 Of t he parishes of St. Philip and St. Michael, to deposit public nmoney i the State Bank for safe keeping, 2, p. 470 On c losing their accounts with the treasurers, to receive 7 1-2 per cent, c ommissions, except for the parishes of St. Philip and St. Michael, w ho shall, receive 3 1-2 per cent. 2, p. 486 To b egin their enquiry on the 1st February, annually, 2, p. 486. When p ayments are to be made and accounts settled, 2, p. 487 How to proceed when collectors are dead, 2, p. 486 To i ssue executions when required by the comptroller-gen. 2, p. 487 Returns to be made to, by persons li;.ble to pay tax, 2, p. 487,' 489 When general returns are made by, to annex a list of the taxable property n ot returned, 2, p. 487 May s ell kinds held by foreigners for the payment of taxes, 2, p. 488 Not to receive any drafts of either of the treasurers in payment of taxes, . 1 2 , p. 489 To d eliver to the treasurers, duplicate general returns, under the fpenalty o g 100, 2. p. 489 INDEX. OF t he parishes of St. Philip and St. Michael to make monthly re turns of alimonies received by them, to the treasurers, 2, p. 490 Penalty o n, for making discrimination of persons in issuing execu tions, 2, p. 491 eTo b debited by the treasurers for nil arrearages of taxes, and to issue executions against, 2, p. 491 To i ssue and lodge executions for taxes with sheriffs or coroners, and take receipts for the same, 2, p. 492, 493 Toe b allowed mileage for serving the same, 2, p. 493 Of B arnwell district in future, to receive and collect all the taxes therein, • ■ 2, p. 497 TAXES. County, t o be assessed and collected by the judges of county courts, .1, p 292 To be assessed and collected by commissioners of the poor, 2, p. 99 THEATRICAL E NTERTAINMENTS. Act to license, throughout the state, on payment into the treasury, of £. 100, in Charleston, and £.25, in any other parts of the state, an nually, 1, p. 180 TITLE. In all actions to try, the plaintiff shall have costs, if the verdict is above 4 dollars, 2, p. 320 To lands, not be tried in the Inferior City Court of Charleston, 2,. p 396 Rights of, or to which this state hath, to the whole or any part of the disputed territory claimed by the state of No. Carolina, to be valid, until that state shall so alter her bill of rights as to enable the le gislature thereof to ratify all and singular the proceedings of the commissioners appointed on their part, 2, p. 553 TOBACCO. oAct t establish ware-houses for the inspection of, at several places in the state, 1, p. 185, 369 — o f, and flour, at or near the Fish-dam ford, ' 1, p. 235 Act r especting the ware-houses for, at Falmouth, Adams' ferry, Spring-Hill and Chatham, 2, p. 62, 403 oAct t establish an inspection of, in the town of Columbia, and to add two commissioners for the inspection at Camden, 2, p. 162 Acto t establish an inspection and ware-houses for, 2, p. 369 Acto t increase the rates of storage of, 2, p. 403 Acto t establish an inspection of, at or near the mouth of Little ri ver, in Abbeville district, 2, p. 419 Act f or the establishment of an inspection and ware-houses in the town of Dorchester, 2, p. 439 Inspection i n Charleston, commissioners of, empowered to receive, &c. on storage, 2, p. 452 Ratesf o storage, &c. established, 2, p. 507 TOLLS— S ee Bridges. K I. N D E X TREASURERS. S.Maries o f. established, I, p. 4, 357 Shall a dvertise the mortgaged property of defaulters to the paper medium loan office, I, p. 57 May p urchase in for the state, property will not bring the amount due on mortgage, 1, p. 58, 59 In C harleston, to receive of the- commissioners of the loan office, their books, papers and paper medium* 1, p. 60 — v ested with all the powers, duties, Sec. of commissioners of the loan office, after 1 June, 1791, 1, p. 60 To g ive a discharge for lands granted and not sold, upon the gran tees paying a commutation, 1, p. 61, 62 May s ell lands, where payments have -been made indefinitely, I,. p 62 To m ake out and close their accounts up to 20th Feb. 1 79 1, and sub mit the same, with proper vouchers, for the inspection and final order of the commissioners of public accounts, 1, p. 67 Hereafter t o be elected, to open a new set of books, and to balance the same on 1 Oct. annually, I, p. 71 In c ertain cases, to allow reasonable prices Ibr specific articles, sup plied the trcops of this state, as well as those of the U, States, .i, p 75 To i ssue indents for the amount of the accounts delivered in to Wm. Arthur, esq. auditor of Orangcburgh district, which, together with the vouchers, have been lost or mislaid, 1, p. 75 To s ubscribe on loan to the U. States, indents to the amount of four millions of dollars, and to receive in lieu thereof, fundable certifi cates of the U. States, 1, p. 73 To r eport to the legislature, an account of all indents in their pos session, and to forbear cancelling the fundable indents until the last of September, 1791, 1, p. 73 To p ay John Smith, esq. indents to the amount of principal and in terest, for which Basil Cowper's confiscated estate sold, 1, p. 125 To p ermit John S. Cripps and William Cr»fts, or their assigns, to register the. foreign debt of this state, now payable in France, but redeemable in Amsterdam, at the office of the stale, 1, p. 180 To t ransmit the laws respecting the inspection of tobacco, to the re spective boards of commissioners, 1, p. 187 To r eceive from James Postell, sen. the rent of the land planted by him, from which lie is now exonerated, 1, p. 201 To d ispose of two tracts of land, late the property of John Rose, .1, p 201 To p roceed summarily to the sale of lands mortgaged to the paper medium loan office, where purchasers have not complied with the terms of sale, 1, p. 220 To e xpose to public sale all lands mortgaged to the paper medium loan office, which have been bought in on account of the state, .1, p 220, .493 INDEX. To a dvertise the sales thereof in the" gazettes, I, p. 220 To r estore lands to those persons who pay the principal and interest ydue b them, 1 , p. 22 1 To s ell all lands bought in on account of the state, within two months after p urchasing, . 1, p. 22 I To r eceive 6 shillings from each person for not taking out his grant, 1,. p 340, 495 To receive and apply the monies paid to this state by U. States, to the e xtinguishment of the present 6 per cent, funded debt, 2, p. 73 To pay over the interest on the balance funded to this state by the United S tates, to the agents of the foreign creditors, 1, p. 379 To issue to Jame3 Sinkler, certain certificates of his funded stock, 2,. p 189 To pive bond for the faithful performance of the duties ot' their office, 2 , p. 252, 253 Former a ccounts to be adjusted and settled by the comptroller - general, 2 , p. 292, 422 Monthly r eports of their cash transactions to be rendered in to the comptroller-general, 2 , p. 292, -123 — a lso, with statements of cash in hand, 2, p. 293, 423, 496 Shall m ake proper entry of each warrant drawn by the comptroller- generul, 2 , p. 294-, 424 oNot t keep accounts current between their offices, 2, p. 42H oOffices t be kept open from 9 o'olock in the morning until 2 in the. aficnioon, " 2 , p. 428 Shall g ive two receipts for monies paid them by tax-collectors, one of w hich, to be lodged with comptroller-general, 2, p. 294, 42-i Shall report to the legislature all defaulting tax-coilectors, .2, p 427, 400 Shall receive and deliver to the comptroller-general, all accounts against t he state, on or before 1 October, annually, 2, p. 295, 42 L Shall open books for the registry of all legal debts against the state, Shall open accounts for all monies appropriated, 2,2,. p.p 427,295, 497431 — unappropriated, 2, p. 497 Former, w hose accounts remain unsettled, shall not be eligible to the o 'ffice of comptroller, 2, p. 296, 426 Directed t o pay annuities, 2, p. 311 To d raw orders on tax-collectors, where annuitants resk'.e, 2, p. 311 Not to draw orders in favor of annuitants, unless living, 2, p. 3 1 3, -! "J 9 In Charleston, authorized to fund a ceuificate of the Hon. Thorn:... Bee, 2 , p. 3/2 To d eliver to Peter Trezevant a certain bond and mortga£«, 2.. p 403 To pay the trustees of Columbia College, S 50,000, towards building the s ame, 2, p. 403 •To d eliver certain persons new indents, in lieu of the originals which h ave been lost, 2, p. 409 I. N D E X To t ransmit to the comptroller-creneral, certified copies of tax-collec tor's and sheriff's receipts, for executions for taxc, 2. p. 426, 493 Shall p ay the salaries of all public ol'ikers quarterly. 2, p. 427, 496 fCopies o entries from their books, to be evidence in courts, .2, p 428 In C harleston, directed to Lsue a certificate to Ralph Spcncc Pni- lips, for £. 22, " 2, p. 436 —o t receive from the City Council in Charleston! a certain sum of money for the use and benefit of the heirs of the late Robert Ra- per, deceased. 2, p. 442 —to d eposit public money in tLe State B.-.nk, for safe; keeping, 2,. p 470 To a llow compensation to tax-collectors on closing their accounts, .2, p 486 Howo t proceed agdnst the estates of dec. tax-collectors, 2, p. 486 Sh.,11 n ot hereafter draw any order, or pjy any monies, except to annuitants, 3, p. 489 To f urnish blank returns to tax-collectors, 2, p. 489 eTo b furnished monthly with a return of all monies received by the tax-collectors of the parishes of St. Piiiiip and St. Michael, 2,. p 490 Noto t pay any persons having demands against the state, until their taxes are paid, 2. p. 491 In C olumbia, to deliver Wm. Zimmerman two new certificates, in lieu of those Said to be lost, 2, p. 505 Declared t o be justices of the quorum ex-officio, 2, p. 550 In C olumbia, to pay Samuel Harris for a negro, killed while working onthcro.ids, 2, p. 567 TRESPASS. To t ry title to lands, substituted in lieu of the action of ejectment, 1,. p 66 Plaintiff i n, shall endorse on the writ and copy, that it is to try title to land and for damages, 1, p. 168 Judges m ay make all jtui. and proper rules relative to the actions of, 1,. p 168 Action o f, against deputy-surveyors for locating lands previously- granted, 1, p. 333, 334 TREZr.VANT, PETER. oAct t authorize the treasurer to deliver to, a certain bom! and mort gage, 2, p. 403 TRUSTEES. Of C harleston college, incorporated, 1, p. 195, 197, 198 Of C ambridge college, act authorizing the establishment of a lot tery, 1, p. 258 Of W i lliamslmrgh academy, authorized to draw one or more lotte- ties, 2, p. 64 Of B eaufort college, vested with confiscated and escheated property in Beaufort district, 2, p. 64 INDEX Of C olumbia academy, incorporated, 8, p. 77 May s urrender their trusts with consent of parties, 2, p. 96 Of t he Clarendon Orphan Society, vested with certain escheated pro perty, 2, p. 2o2 Of Orangcburgh district, incorporated and appointed escheators, .3, p 234, 237 Of L ancaster county, vested with all the escheated property therein, , S , p. 302 Of A lexandria college, vested with all the escheated property in the counties of Union, York and Chester, 2, p. 303 Of C olleton district, vested with all the escheated property within the said district, 2, p. 304 Of C olumbia college, appointed for, 2, p. 406 Of S outh-Carolina college, to have certain squares in Columbia con veyed to them, 2. p. 476, 515 — a uthorized to stop certain streets in the town of Columbia, 2,. p 476 —to purchase a philosophical and mathematical apparatus and li brary for the said college, 2, p. 477 Of Marlborough academy, authorized to establish a lottery, 2, p. 484 UNION C OUNTY. Com Vs. appointed to superintend the public roads of, 2. p. 231 Number of justices of the peace for, increased, 2, p. 220 Escheated p roperty in, vested in the trustees of Alexandria college, 2,. p 302 UNITED S TATES. Act f or loaning to, the sum of four millions of dollars, in the funda ble indents of this state, 1, p. 72 Act p rescribing, on the part of this state, the times, places and man ner of holding elections for representatives to the congress of, 1,. p 225 Act a ppointing electors of a President and Vice-President of the, 1,. p 206 Acto t cede to the, a place on North-Island, for a light-house to be erected, 2, p. 3, 100, 155 May p urchase 20C0 acres of land in this state, for arsenals and ma gazines, 2, p. 12 Persons e mployed by, in this state, shall be subject to the state laws, 2,. p 13 VACANT L AND. Act for establishing the mode of.granting the, in this state, 2, p. 60 Time for taking out grants of, I, p. 62.' Extended, 1, p. 222 VAGRANTS. fKeepers o gaming tables deemed and rated as, 2, p. 448 NDVESTRY A CHURCH WARDENS. Of t he Episcopal churches of St. Philip and St. Michael, in Char leston, act establishing two separate and distinct bodies, and en larging the powers thereof, 1, p. 181 — 2, p. 274 INDEX. May l et out pews in cither of the churches, when the rents clue are not p aid, 1, p. 184 Former a greements made and entered into by, relative to glebe land, & c. confirmed, 1, p. 184, 185 Of P ort Republic IsLnd, may convey land for the site of Beaufort College, 2 , p. 66 VIENNA. Commissioners a ppointed to attend to the packing of beef and pork at, 2 , p. 14 Inspection o f flour established at, 2, p. 112 VIGILANT F IRE COMPANY. In Charleston, act to incoqjorate the, 1, p. 294 WALL'S C UT. To be opened, 2, p. 327 WASHINGTON D ISTRICT. Limits of, 1, p. 38 Commissioners a ppointed to build a court-house and guol in, 1, p. 43 Judges authorized to held court in, 1, p. 44 Sheriff o f, directed to draw juries, I, p. 164 WATEREE R IVER. Act for opening the navigation of, 2, p. 16 WATER C OMPANY. In Charleston, incorporated, 2, p. 279 WELLS, J OHN. Act to exempt from banishment, 1, p. 286 WHARVES. O wners of, in Charleston, liming wooden buildings thereon, used as stores, allowed a further time to pull them down, " 1, p. 232, 233 WIDOW. Of intestate, if she accepts of the provision made lor her, it shall be ' in lieu of dower, 1, p. 287 Of J oseph Chandler Brown, and of Adam Culliatt, authorized to re ceive from the treasury office, certain sums annually, during their widowhood, 2, p. 36Q WILL. R eal or personal estate acquired after making, shall not pass by it, unless the will be republished, 1, p. 27 Forging o f, is felohv, without benefit of clergy, 2, p-. 380 WILLIAMSBURGH. A cademy, incorporated, 2, p. 63 — c schcutctl property within the district of, vested in the trustees of, .2, p 302 County, commissioners of roads for, when to meet, 2, p. 335 Made a c ircuit court district, 2, p. 545. When courts are to be held, 2, p. 545. Courts of, to be held at Georgetown, until a court-house is built, 2, p. 545 Commissioners a ppointed to contract for the buildipg of a court house and gaol for the district of, 2, p. 54i INDEX. A s um not exceeding S 5000, to be appropriated for the said build ings, 2, p. 546 WINNSBOROUGH. When e lections are to be held for commissioners of the streets and markets of the town of, ^ 2, p. 523 Managers o f the first election appointed, 2, p. 523 Commissioners o f, to appoint the managers of succeeding elections, 2,. p 523 — v ested with the same powers as com'crs. of the roacls, 2, p. 524 — e mpowered to grant licenses for retailing spirituous liquors, and to make rules, he. 2, p. 524 — m ay impose fines, not exceeding 20 dollars, 2, p. 524 — h ow the funds arising from fines and licenses, are to be applied, 2,. p 525 fPart o the act, passed in March, 1 787, which relates to the appoint ment of commissioners of the streets, repealed, 2, p. 525 Act f or the better regulating the streets and markets of the town of, to be in force for 14, years, 2, p. 525 WINYAW I NDIGO SOCIETY. Vested w ith certain confiscated and escheated property in the elec tion districts of Prince George and All Saints, and also in George town, 2, p. 70 WITNESSES. In e quity, to be examined in open court, viva voce, except in cer tain cases, 1, p. 30, 31 Aged, i nfirm or out of the state, may be examined by commission, 1,. p 32 Toe b sent for and examined by commissioners for the final settle ment of the accounts of the treasury, • 1, p. 96 Living o ut of the city, may be examined by commissions from the court of wardens, ■ 1, p. 83 nLiving i the state, may be examined by commissions from the "courts of other states, 1, p. 381 oHow t be examined under commissions issued from the other states, ' I, p. 381, 382 Commissions m ay issue by consent of parties, to examine, within this state, - 1, p. 383 eMay b cited by justices of the peace, to r;ive evidence before them, 1,. p 384 May be summoned by any judge of the court of ordinary, 2, p. 316 Neglecting to attend, liable to be proceeded against, 2, p. 316 Not necessary, at the service of any writ of xcire facias, 2, p. 320 Commissions to examine, may be issued by the clerks of the court of c ommon pleas, 2, p. 323 Absence o f, to a bond or note, not deemed a good cause for postpon ing a trial, 2, p. 454 Act to prevent the unnecessary attendance of, in courts of justice, 2,. p 45S INDEX. WRITS. Of p artition, may be obtained from the court of equity or conimoft npleas, o the petition of persons entitled to a distributive share of rreal o personal estate, 1, p. 2T —o t be directed to commissioners appointed to divide the estate in question, 1 , p. 27, 28 When m ade returnable, / I, p. 40 To t ry title to lands, how to be endorsed, ' 1, p. 168 Of a ttachment, demandublc of common right in district courts, 2,. p 315 YORK COUNTY. Time f or holding courts in, established, 1, p. 46. Altered, 2, p. 38 Commissioners appointed to superintend the public roads of, .2, p 230 Escheated property in, vested in the trustees of Alexandria college, 2,. p 302, 303 ZIMMERMAN, WILLIAM. To g ive bond and security to the treasurer at Columbia, who is au thorized to deliver two new certificates, in lieu of the original certificates, which are said to be lost, 2, p. 505 ACTS OFHE T GENERAL A SSEMBLY HEOF T STATE OF SOUTH-CAROLINA, FROM F EBRUARY, 1791, TO DECEMBER, 1794, BOTH INCLUSIVE. STATZ o f SOUTH-CAROLINA. At a G eneral Assembly, becrun and hoMen at Columbia, on Monday the third day of January, in the year ol" our Lord one thousand seven hundred and ninety-one, and from thence continued by clivers adjourn ments, to the fourteenth day of February, in tile same year, and in the fifteenth year of the Independence of the United Stales of America. CTAn A fr estthlishing the annual Salaries of the Public ( fleers of Government, and for ascertaining am1 r gulating thefees to be taken by thorenho by l.iw may be entitled to them, throughout the Siate. WilliRIlAS i t is expedient and necessa ry tlu.t the salaries of tht public officers of government bhoukl be fixed upon a regular and pcrnii.HL nt footing, during thtir continuance in otiice; a id that the fees to be received and taken in the public offices, and by those v. ho by law s hall be entitled to the same, mi.v ■ be rtru- lated a nd arctrtaincd, to the end the citizens thereof may know v, vh certainty the sums tlicy are to p Coroner. Forn a inquisition by jury, taken on view of a dead person, and return, to be paid by the state, 2 For e very service done by the coroner, the same fees as are payable to the sheriff for the same services. If t here be no coroner within twenty miles of the body found, the inquest may be made, and the fees may be taken, by any justice of die peace, in like manner, who shall, in that case, pave all the powers of the coroner, • (5 1 ) fJustice o the Peace. £. s. d. For c athand warrant inuH criminal cases, 2 For a recognizance and return, 2 For a w arrant in civil cases, 1 For a c ommitment, 1 For a w arrant of hue and cry, 1 6 For t aking a deposition, 1 6 For a dministering every oath, 6 For a p robate to any writing, signing and s wearing witness, 1 6 For e xamining and swearing witnesses, andhcaringanddctei m inii g the cause, 1 For every toll of estrays given in at the same lime, and other incidental char ges, agreeable to law, 3 For writing and signing an execution, 1 2 For issuing attachment, with the oath of the party, bond and return, agree able to law, 5 For even" appeal, with the proceedings, to the county court, fi'om justice's j udgment, bondancl security inclusive, 3 Constables. For serving a warrant, 2 6 For summoning a witness, 1 For summoning a coroner's jury and witnesses, a ll charges inclusive, 10 For p utting a person in the stocks, to be p aid by the state, 2 6 For s erving an attachment on the effects of a person absconding, or about to abscond, making an inventory and return, returnable to the county court, 4 8 For the like services where the attach ment is returnable before a magistrate, 2 4 For whipping a person by lawful autho rity, to be paid by the state, 2 6 For levying an execution, 1 (6 1 ) For p oundage or commissions on ail sums levi ed, 5 per cent. For m ileage in all criminal cases, at- £. s. d. tachments, and levying executions, and in no other case, for each mile out, but not for returning, 3 For e arning a hue and cry, to be paid by the slate, 8 For h is attendance in searching for sto len goods, for every day, at the re quest of the party complaining, 3 Notaries of Public. For t aking deposition and swearing wit ness, per copy sheet, 6 For e ven- protest, 10 For a d uplicate of depositions, protest and c ertificate, per copy sheet, 5 For e ach attendance on any person to prove any matter or thing, and cer tifying the same, 3 For e very notarial certificate, witii seal affixed, 2 6 Clergyf o every settled Church of every Denomination. For r egistering every birth, marriage or burial, 1 6 For e very search of the register, 8 For e very certificate from the register, 1 6 For e very citation read in church, 5 Surveyor- G eneral. For e very search, 8 For c opying a plat and certificate, 5 For r eceiving, recording a plat, and sending the same to the secretary's office, to be passed into a grant, 10 For a c ertificate in all other cases, 1 0 For a d eputation and instructions to a deputy-surveyor, 5 (7 1 ) Deputy- S urveyor. £. s. d. For s urveying every acre of land, one half penny. For m aking out a fair plat, certifying, signing a nd returning the same, 10 For r unning old lines for any person, or between p arties, where any dispute rarises, o by order of court, while they a re on the survey, 14s. per day. Powder r eceiver and Inspector. For e very hundred weight of gunpow der received into the magazine, three shillings per hundred pounds, to be paid, one half on receiving the same in the magazine, and the other half on delivering the same. Clerks of the Senate and House of Re presentatives. For a ny copy or extract from the jour nals of either house, to any person requiring the same, except a mem ber of either branch of the legislature, or the executive, each copy sheet, 5 For e very search, 8 Commissioner o f Locations. For r eceiving applications, making en tries and granting wan-ants under hand and seal of office, 3 For r ecording a plat, and sending it to the surveyor-general's office, 7 For e very search, 8 Registerf o Mesne Conveyances. For a s earch, 8 For e ntering satisfaction on a mortgage, 1 For r ecording or copying deeds, each copy s heet, 5 For r ecording or copying a plat, 4 8 For a c ertificate from' the office, 2 (8 1 ) Ordinary, h is Fees. £. s. d. For a m arriage licence, bond and regis tering, 1 For a citation and recording, 2 G For qualifying administrators, bond, letters of administration, and warrant of appraisement, recording letters and oath, 14 For proving a will, probate, recording and filing the will, and certified co- ' py, where it does not exceed four co py sheets, 9s. 4d. and for every other copy sheet, 5 For qualifying executors, letters testa mentary and recording, 5 For warrant of appraisement , oath and recording, 5 Andf i renewed, 2 6 For f iling renunciation of executors and recording, • 2 For a d edimus to prove a will, and qua lifying executors or administrators, and copy of oath, 7 For g uardianship bond, letters and re cording, 14 For entering caveat, or withdrawing, 2 For a search, 8 For hearing a litigated cnuse, 14 Forswearingandexaminingeach witness, 6 For recording or copying any other writing, p er copy sheet, S For f iling petition for sale of testators or intestates effects, examining into the propriety of the proposed sales, and endorsing order thereon, 4 8 For e xamining the accounts of executors and ad ministrators, vouchers and filing, for the first . year's accounts 14s. andfor every otheryear 5s. (9 1 ) County A ttorney. £. s. .d For c ommencing and prosecuting an indictnient or information, tried by petit jury or confessed, 1 For e ntering a noli prosequi by order of court, 5 For c ommencing and prosecuting a sci re facias on forfeited recognizances, 9 4 County C ourt Clerk's Fees. For t he whole fee of a tavern licence, or permit to retail spirituous liquors, and bond, and furnishing rates, 9 4 For e very search, 8 For r eading any paper or record filed in court, 6 For e very writ issued, 2 nFor a attachment granted by the jus tice of peace, returnable to the court, and putting the same upon the docket, 1 6 For e very summons for a witness or witnesses, 1 For e ntering every cause on the docket, to be charged but once, (except peti tion and summons, ) 6 For e ntering every special bail, 2 For e ntering security for costs for per sons out of the county, 1 6 For e ntering appearance of the defend ant or defendants, (except on sum mons and petition,) 6 For a ll subsequent proceedings after writ, to interlocutory judgment in clusive, 1 For a ll other proceedings to final judg ment and verdict, 3 6 For a ll other proceedings, executions inclusive, 2 C (0 2 ) For f rling the papers of each party in £. s. d; every cause, where there is a jury or case agreed ar.ci argued, 1 For a ll and every other thing dene by ' the clerk during the trial of any issue, 2 For e ntering every judgment and copy thereof, 1 For e very recognizance, ' 2 For e ntering an appeal and taking bond, and for returning the same to the of fice of die clerk of the. superior court, 4 8 For c opy of proceedings of the cause, wherein the appeal is granted, for every copy sheet, 5 Forn a attachment, , 1 6 For i ssuing petition and summons, and entering return thereof, 3 For e ntering decree and execution on summary p rocess, 3 6 For r ecording every judgment or other writing, per copy sheet, or copy uhereof, 5 For e ntering- every toll of estrays, and keeping die same aiilxedup at the court house, and all other incidental charges, 3 His F ees on Letters of Administration, granted by the County -Courts. For a c itation, 1 6 For e ach administration bond, For l etters of appraisement, For a d edimus, For p robate of a will, For g ranting letters testamentary, with the w ill annexed, 1 6 For r ecording any of the above instru ments, and the appraisement, per copy sheet, 5 For e xamining the accounts of executors and iidministrators, v ouchers, and for filing die same, (1 2 ) under t he inspection of the county court, for the fn-st year's account, 5s. and for every other year 2s. 6d. . ' hid be it farther enacted by the authority p foresaid, That if any of the public officers of ^^ ^ tills s'..te, or other person or persons entitled to others, fees by this act, and in the foretroinp lists parti- takn?g;or , , ■> .ii„, ° '• i r receiving cahny m entioned, shall take or receive any tur- other or ther, other or greyter ice or reward for any of the ¥cvif sen ires hi the s-.id foregoing lists respectively those to nuncione d . or shall invent or contrive any other or which further fee or reward for any of the said services, ^1^ bv then, and in every such case, the person or per- this act, u, Sons so eft! -icing, upon due proof and convic- ^*°u^* ti-Mi, sh:;!l ."orR.it for the first offence, four times cd, &c. die amount of the sum so taken, paid or receiv ed, to Ix. recovered in any court of record in this state ; o; ;e h tif to be paid to the person who shall sue for die s;-.ine, and the other moiety to be paid into the public treasury for the use of the state, except hi s.ich counties where county courts arc established, in which cases the said last men tioned moiety thall be paid for the use of the counry ; and for the second c (Fence, sliall stand divested of his office, and be rendered incapable of re-appointment to the same ; and on informa tion from the court, under hand and seal, the governor shall fill up the vacancy, if the legisla ture should not be sitting ; and if in the county courts, the vacancies shall be filled up by the justices of the said county. Ande b it further enacted by the authority public aforesaid, That the following officers, to wit, the officcrs t0 secretary ^ . c r c state, . . register ■ . and ° j commissioners •• m. officeskeepthcu op- equity, register of mesne conveyances, ordina- c»> se ries anel surveyor-,'. cneral, shall, and they are hereby directed to keep their several offices open from nine o'clock in the morning until three (2 2 ) o'clock i n the afternoon, each and every day throughout the year, (Sundays, Christmas day, and the anniversary of the independence of America excepted;) and the sheriffs, and the clerks of all courts, are hereby obliged to give constant attendance at their offices, either by themselves or deputies, in their several and re spective offices ; which said offices shull be kept in the city, town or village, where the respective court-houses are established. And no person shall be compellable to pay any of the aforesaid fees, unless at the time of the demand, or before distress of goods is made, an account diereof shall be delivered, signed by the officer to whom 'the same is due, specifying distinctly every article in words at length, with the particular ft e charg ed for it, and shall give a receipt for the same, if required. eAnd b it further enacted by the authority Registers a foresaid, That the several clerks and registers ofthcCrf ° tne courts of justice, and sheriffs, throughout fconns o the state, shall collect in and receive their own iheriflsTo k es from the different suitors or persons who are collectn i liable to pay the same in the said courts of jus- ceivoCt!iei t 'cc respectively » except where the plaintiffs or own t tcs. complainants in any suit shall reside in foreign countries, o r without the limits of this state; in which c ase the agents or attornies of the said plaintiffs o r complainants shall be answerable for the p ayment of said fees, except the clerks of county c ourts, whose fees shall be collected as heretofore. Ande b it further enacted by the authority All other aforesaid, That all former and other acts for re acts rc-gu- m dating or establishing salaries and fees through- and sala- out this state, or m the districts or counties rics,re- thereof, and every of them, shall be, and the ** e same are hereby repealed. And this act shall (3 2 ) be h eld, deemed and taken as and for a public This act » act, ;md taken notice of as such without plead- public act. ing the same, by all judges, justices, magistrates and courts of justice, within this state. eAnd b it further enacted by the authority aforesaid, That nothing herein contained sh;Jl extend, or be construed to extend, to any suits commenced on any duties of office, done before the first day of March next. Ande b it further enacted by the authority To conti- u foresaid, That this act shall be and continue in ""e'" torcer tr or the i term oi e lour. » years, andirom i - thence i fourforce years, tor to the end of the next meeting and sitting of the legislature. In t he Senate House, the fourteenth day of Fe bruary, in the year of our Lord one thou sand seven hundred and ninety-one, and in the fifteentli year of the Independence of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A for the abolition of the Rights of Pri mogeniture, and for the giving an equitable distribution of the Real Estate of Intestates, and for other purposes therein mentioned. WHEREAS t he convention of this state, by the fifth section of the tenth article of the constitution, passed the third day of June, in the year of our Lord one thousand seven hun dred and ninety, did direct that the legislature should, as soon as might be convenient, pass laws for the abolition of the rights of primoge niture, and for giving an equitable distribution of the real estates of intestates : (4 2 ) Bet i therefore exacted by the honorable th* The right Senate and House of Hcpresentatives, now met of primo- a,Ki s'jtti.'.g in General A,,,;embly, and by the au- iboiis'ied, thority of the same, Thut the right of primoge- yjidesn.t..s n^ure be and the =ame is hereby abolished ; and nn" '•,'.';. tii_i£ when any person possessed of, interested in, Kcusti'i- or erritied unco a rail estate in his or her own *u<*lL y'-.p! in f_e simple, shall die without disposing i!u"'\f.' r>\ v.i;i, the same sltall be distributed in the tV>:!w\\'i'-;-' ii.j..-r.or : i;,,. , ii' -.-. ■ ; .^.':..'.c •■}:■: ":' ■ n v'd^v end one o." more children, the. widjw J.hi'ii take one thli d of use said estate, pud the re msinder shall be divided between. ;he c!iilci:vu, if more than cue; but if only one, the remainder of the estate bhall he vested in that one absolutely forever. 2nd. T he lineal descendants of r the intestate shall repre-ent their respective-parents, and be en- titled to rcceiveanddivide equally amongthem the shares to which their parents would respectively have been entitled had they survivedthe ancestor. 3rd. If the intestate shall not leave a child or ether lineal descendant, but shall leave a widow, and a father or mother, the widow shall be enti tled to one moiety of the estate, and the father, or if he be dead, the mother shall be entitled to the other moklv. f4th. I the intestate shall not leave a lineal de- scenilant, father or mother, but shall leave a wi dow, and brother.-, and sisters, or brother or sis ter of the whole bio:*], the widow shall be enti tled to one moiety or the estate, and the brothers iinel sisters, or brother or sister, to the other moi ety, as tenants in common. The children of a deceased brother or sister shall take among them respectively the share which their respective an cestors would have been entitleel to had they sur vived the intestate. (5 2 ) 5th.f I the intestate stall leave no Hncal •d?<» sccnduit, father, mother, brother or sister of the whole blood, but shall leave a widow, and a bro ther or sister of the half blood, and a child or children of a brother or sister of the v. hole blood, the widow shall take o:>c moiety of the estate, and the other moiety shall be equally divided be tween the brothers and sisters of the h: Jf blood and the children of the brothers raid sisters of the whole blood ; the children of every deceased brother or sister of the whole b:ood taking, among them, a share equal to die : :u ae of a bro ther or sister of the hah blood. J j jI if there be no brother or sister of the half b.ood, then a moiety of the estate shall descend to the child or children of the deceased brother or shier. And if there be no child of a deceased brother or sis ter of the whole blood, dien the said moiety shall descend to the brothers and sisters of die half blood. Ctii.f I the intestate shall leave no lineal de scendant, father, mother, brother or sister of the whole blood, or their children, or brother or sis ter of the half blood, then the widow shall take one moiety, and the lineal ancestor or ancestors, if any there be, the other moiety. 7th.f I the intestate shall leave no lineal de scendant, father, mother, brother or sister of the whole blood, or their children, or brother or sis ter of the half blood, or lineal ancestor, then the widow shall take two thirds of the estate, and the remainder shall descend to the next of kin. f8th. I the intestate shall leave no widow, the provision made for her shall go as the rest of his estate is directed to be distributed in the respec tive clauses in w hich the widow is provided for. 9th.n I reckoning die elegrees of kindred, die computation shall begin with the intestate, and be (6 2 ) pcontinued u to the common ancestor, and thence down to the person claiming kindred inclusively, each step inclusively being reckoned as one degree. n10th. O the death of any married woman, the husband shall be entitled to the same share ol" her real estate as is herein given to the w idow, out of the estate of the husband, and the remainder of her real estate shall be distributed among her descendants and relations in the same manner as is heretofore directed in case of the intestacy of a married man. 11th.f I the intestate shall leave no husband, the provision herein made for him shall go as the rest of the estate is directed to be distributed in the preceding clauses. T* cases of And be it further enacted, That in all cases of pcreonaT' mtestac.Y> ^ personal estate of the intestate shall estates to be distributed in the same manner as real estates bute^fin wc disposed of by this act. same man- And he it further enacted by the autliority ner as real, aforesaid, That nothing herein contained shall children he construed to give to any child or issue (or advanced his or her legal representatives) of the intestate a ate'hihfs s*lare OI> ms or her ancestor's estate, where such lifetime, to child or issue shall have Ijeen advanced by the more*"0 mtestate m ms lifetime, by portions or portion, will make equal to the share which shall be allotted to the their porti- other children: But in case any child, or the with the l9Sac of any child, who shall have been so ad- •thers. vanced, shall not have received a portion equal to the share which shall be due to the other chil dren (the value of which portion being estimated at the death of the ancestor, but so as that neither the improvements of the real estate by such child or children, nor the increase of the person al property, shall be token into the computa tion) then so much of the estate of the intestate (7 2 ) shalle b distributed to such child or issue as shall make the estate of all the children to be equal. Ande b it further enacted by the authority aforesaid, That no lands or personal estate, No estate, which shall be acquired by any person after the making of his or her will, shall pass thereby, ing u win, unless the said will be republished, but every ^^p^" such person shall be considered as having died unless the intestate as to the said lands and personal estate, wi.u,!^7j and the same shall be distributable according to ^ s L the directions of this act. eAnd b it further enacted by the authority Estates in aforesaid, That where any person shall be, at the joint te- time of his or her death, seized or possessed of"^^" any estate in joint tenancy, the same shall be ad- death of judged to be severed by the death of the joint -|^tc" tenant, and shall be distributable as if the same was a tenancy in common. Ande b it further enacted by the authority Provision aforesaid, That in all cases where provision is "|j j^°'to made by this act for the widow of a person dying be, if ab intestate, the same shall, if accepted, be consi- jj'^jJ' 111 dered as in lieu of and in bar of dower. dower. Ande b it further enacted by the authority aforesaid, That from and after the first day of Crested May next, it shall and may be lawful to and for may apply, anj- person, who may be entitled to a distribu- £^etition th e share of any estate, real or personal, and shall court, for have arrived to the age of twenty-one years, or 1 w™1. ot" be married, to apply by petition to the court ofpartl "* equity or common pleas (at the option of the party) for a writ of partition, to be directed to certain commissioners, authorizing and requir ing them to divide the said estate; and the court shall thereupon issue a writ of partition in the same manner as is directed for the admeasure ment of dower, by an act, entitled, " An act for the more easy and expeditious obtaining the ad- (8 5 ) measurement o f dower to widows, of the hinds of which their deceased husbands were seized in fee at any time during their marriage." And the commissioners so to be appointed, being first duly sworn fairly and impartially to dis charge their duty, shall proceed to execute the said writ, and return the same to the court. And when the said estate cannot, in the opinion of the commissioners, be fairly and equally di vided between the parties interested therein, without manifest injury to them, or some or one of them, then they shall make a special return of the whole property, and the value thereof tru ly appraised, and certify their opinion to the court whether it will be most for the benefit of all parties, to deliver over to one or more of the parties interested therein, the property which cannot be fairly divided, upon the payment of a sum of money, to be assessed by the said com missioners, or to sell the same at public auction, and the court shall proceed to consider and de termine the same : And if it shall appear to the court that it w ill lie for the Ixrnefit of all parties interested in the said estate, that the same should be vested in one person or more persons enti tled to a portion of the same, on the payment of a sum of money, they shall determine ac cordingly ; and the said person or persons, on the payment of the consideration money, shall be vested with the estate so adjudged to them as fully and absolutely as the ancestor w as vest ed. But if it shall appear to the court that it would be more for the interest of the parties diat the same should be sold, then they shall direct a sale to be made on such a credit and on such terms as to them shall seem right, and the pro perty so sold, shall stand pledged for the pay ment of the purchase money. (9 2 ) eAnd b it further enacted by tlie authority judges of aforesaid, That the judges of the respective the re- courts shall lx% and they arc hercb\ authorized courts t0 from time to time to make such rules and orders makerule* as may be necessary for the purpose of carrying a"rsor" the foregoing clause into effect. eAnd b it further enacted by the authority aforesaid, That tins act shall commence its opera tion on the first day of May next, but not sooner. In t he 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 R AMSAY, Presidentf o the Senate. JACOB R EAD, Speakerf o the House of Representatives. AnCT A to establish a Court of Equity within this State. WHEREAS b y the constitution of this state it is declared, that the judicial power shall be vested in such superior and infe rior 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 equi ty, with adequate powers, be established in this state : tBe i therefore enacted by the honorable the Laws re- Senate and House of Representatives, now met specting and sitting in general assembly, and by theautho- ofchance- rity of the same, That the laws now of force for o> to con- establishing and regulating the court of chancery f„™g.° within this state, be and they are hereby declared to lxi and continue of force in this state, until altered or repealed by the legislature thereof; (0 3 ) subject, n evertheless, to such alterations, amend- mentsand restrictions as are herein after directed. And whereas great inconvenicnoies have been experienced in the remote parts of the state, on account of the court of chancer)' having teen hitherto held in one part of the state only : in remedy thereof, tBe i enacted, That; all future sittings of the future »it- court of equitv for the full and solemn hearing cm^of110 of causes, shall be held at the times and place's equity. herein after 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 caiircs wherein die defend ant shall reside in the district of Ninety-Six, on the fifth days of May and Decemljer; and at Charleston for all causes wherein the defendant shall reside in cither of the districts of Charles ton, Beaufort or Georgetown, on the second Monday in March, the second Monday in June, and the diird Monday in September ; and the same days in even- succeeding year ; and that the court shall continue to sit from day to day (Sundays excepted) at Columbia and Cam bridge respectively, until all the causes which shall be brought before them shall be heard ; pro vided 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 l>e heard. And w hereas it will be conducive to the more perfect investigation of the truth that the testi mony of witnesses be taken in open court, in presence of the parties : Witnesses £e jf f}lcrrforc enacted by the authority afore-, mined in said, That the examination of all witnesses who opencourt mav De called upon to give evidence in the said (1 3 ) court, s hall be taken by word of mouth, and in open court, subject to such regulations and ex ceptions as the said court may, from time to time, order and direct. eAnd b it further enacted by the authority Master of aforesaid, That the master of the court of equity the court tor the district of Charleston, Georgetown and tl^'elc- Bcaufort, shall give good and sufficient secu'ri- cunty, &.c. ty, to be approved of by the governor or com mander in chief for the time being, for the faith ful discharge of his duty, in the sum of five thou sand pounds sterling; which said bond, and any other bond, to be given by the commission ers 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 misfeasance or default of the said master or any of the said commissioners re spectively. Ande b it enacted by the authority aforesaid, Commii- That there shall be, in each and every of the dis- £io"eiV£ tricts aforesaid, one commissioner, who shall be ed Hi'dicf'" commissioned and appointed by the governor or circuit dis- commander in chief for the time being, during ^au'mat- good behaviour, and who shall give security, tcrs and /^to be approved by the governor, in the sum of^^f11" enc thousand pounds, well and faithfully to ad- formed bv minister his office; whose business it shall be to Ulc m»ster file and keep all bills, answers and papers what- "„ chance* ever, relating to any cause depending in any of ry before the said districts respectively; swear and exa- tionTfuu'i mine all witnesses, where necessary or ordered act by the court, upon interrogatories and cross in terrogatories, who may be brought before any of them, touching any matter or tiling depend ing, or to be commenced in any of the said se veral and respective districts ; swear defendants to answers; take recognizances and affidavits, V* (2 3 ) oand t do and perform all other matters and things, which an; usually done either by the master or register ol" said court, previous to the hearing of any cause. Provided ahvays, That where it may be necessary to examine aged, sick or inlirm persons, or witnesses out of the state, then and in every such case it shall and may be lawful tor the said court to issue out one or more commission or commissions to examine the said witnesses upon interrogatories, whose deposi tions, when taken, sliull be read in evidence in any of the districts within this state. eAnd b it further enacted by the authority aforesaid, That the said commissioners in their said several and respective districts, shall attend at the sitting of every court to be held in and for the said several districts, and shall there take and enter down the decrees, orders and minutes thereof, and make up and report upon all mat ters and things referred to them in die said court; and shall also make all sales under die decree of said court. Ande b it further enacted by the authority Feeso t . aforesaid, That the said commissioners resiiec- wrrathc tively snail Ik: entitled to receive lor their ser- ..aiuf as vices afoi esaid, the same fees, perquisites and to master emoluments as are or may be fixed andestab- or register Ushed by law for the master or register of said in c • ice- court for sjm;i;ir sendees. rv. Parties - ^m^ whereas, in cases under the value of one may p ro- hundred pounds, and in cases which may not be tkionmPe litigated, it may be unnecessary to proceed by certain ca- bill and answer in the said court: ses. j]e if therefore enacted by the authority afore- Copyof s aid, That in all such cases it shull and may be pi-tit'onto lawful for the parties complaining to present his .Ways be- or their petition to the said court, on oath, set- fore court ting forth die true nature of the case, or sum re- (3 3 ) idly d ue; a copy of which said petition shall lye served on the opposite party, at least thirty days before the sitting- of the court, with notice there on 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 co py of said petition, shall not appear at the time and place in the said notice mentioned, or if ap pearing, shall not offer some substantial defence, then the said court shall proceed to make such order or decree therein as to justice and equity shall appertain. Provided always, That if the defendant or defendants should appear at the re turn of said petition, and shew sufficient reasons to the said court, on oadi, for going into a more ample investigation of the case, then and in eve ry such case, the said parties shall and may be at liberty to go into the examination of witnesses to prove and substantiate their respective allega tions, as in other cases. eAnd b it further enacted by the authority Judge to aforesaid, That the judges of the said court arc eslablish hereby authorized and required to make and rides*'"7 established all such rules, orders and regulati ons as may be necessary for the better and more effectually carrying into execution the terms of this act, for the benefit of the citizens of this state. eAnd b it further enacted by the authority —to hear aforesaid, That it shall and maybe lawful for any one of the judges of the said court to hear all orders, motions, and to make all orders necessary in any cause previous to the hearing and making the final decree. Ande b it further enacted by the authority —shall re- aforesaid, That the judges shall cause the prin- cordrea- cipal facts and reasons on which they found their S0M" decree in each cause to appear upon record. (4 3 ) wW A nd be it further enacted by the authority suits s hall aforesaid, That suits in equity shall not besus- notbe tamedn si ua- tamed "... in any case where . plain i • and 1 adequate i rc- etjuity. medy can be hid at common law. Ande b it further enacted by the authority Parties a foresaid, That all suitors and defendants in the thelrowTi c ourt ofequity m:ry do their own business with- bu»incss. o ut application to any counsellor or solicitor of the c ourt. Ande h it furt/ier enacted by the authority judges aforesaid, That each and every of the judges of thecirciui 1■ 1 ■ i V c c ourt of equity shall ride the circuit, jo unless prevented by sickness or unavoidable accident. In t lie Senate House, t/ie nineteenth day of February, in the year of our Lord ens thou sand seven hundred and ninety -one, ami in the fifteenth year of the independence of the United States of America. DAVID R AMSAY Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A to amend the several Acts for estab lishing and regulating the Circuit Courts throughout this State. HEREAS t he several acts establishing w and regulating circuit courts within this state, require amendment: therefore, Bet i enacted by the honorable the Senate and Powers of House of Representatives, now met and sitting thesupe- in general assembly, and by the authority of the norcourts ° r PU , ,, «/' . J ... ..? i ofiaw s ame, 1 hat the superior courts or law through- tiirough- o ut this state, shall have, hold, use and exercise state $ s uch jurisdictions and powers as arc vested and l odged in them respectively by virtue of the a cts of assembly framing and constituting (5 3 ) • t hem; the court in each district possessing and being capable of exercising the same compleat, original and final jurisdiction as is possessed and exercised by the courts of general sessions ofthe peace and oi" common pleas-, heretofore estab lished and held in Charleston district, accord ing to the former usage, practices and customs ofthe said courts, exc.pt where altered by law, and in points of practice, by the rules of court, from time to time made by the judges thereof. eAnd b it further enacted by the authority court (jay» aforesaid, That from and after die next sitting for general of die said courts, tlirough the present districts g^X"" ofthe state, agreeably to the existing laws, the superior courts of general sessions and common pleas, shall be held at the times and places here in after directed, that is to say, the courts of.ge- neral sessions in and for the district of Charles ton, shall beheld at the city of Charleston, for the trial of all offences committed within the said district, on the third Mondays in January, May and September in each year, and shall continue to sit until all the business ready for trial he dis patched, or until the end of thetirm. And the court day* courts of common pleas in and for the district for com- of Charleston, shall be held at the city of Char- %%£*" leston, for the trial and decision of all civil pleas or actions therein legally depending, on the fourth Monday in January, May and Septem ber in each year, and shell continue to sit until the business ready for trial or hearing l>e disV patched, or until the end of the term. And the CourtdaTi courts of sessions and common pleas for the f?r(oth£l" other districts, shall hold pleas of all causes, ci- fixed, vil and criminal, within their respective limits, as follows, that is to say, at Coesawhatchie and Georgetown, on even' first day of April and No vember ; at Orangcburgh, on every eighth day E ! (6 3 ) of N ovember and tenth day of April ; and at the* Cheraws on every tenth day of April and No vember ; at Cambridge, on every sixteenth day of November and eighteenth day of April ; and at Camden, on every nineteeth day of April and November ; in Pinckney district, at such place as may be appointed by the commissioners here in after nominated, on every first day of April and November; and in Washington district, at such place as may be appointed by the commis- sioncis herein after nominated, on every tenth day of April and November: Provider!, 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 Oraugeburgh, 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 Cam den in April and November ; or, until the busi ness of the said courts respectively shall be dis patched, if all the business can be determined in that time ; but if it cannot, then what shall re main unfinished, shall l)e continued or adjourned over to the next court. Ande b it further enacted by the authority Courts to aforesaid, That die courts of genera! sessions of diction of " ^c Peace' °f over terminer, assize and ge- «n pleas, neral gaol delivery, shall have cognizance and ciyiiand jurisdiction of all pleas criminal, where the of- •nmin . ^nce s]iajj ^e commjtted within the limits of the respective districts ; and die said courts of com mon pleas, of all civil pleas or actions, in diose of the following districts, wherein the defendants may reside, be arrested or taken, by process or (7 3 ) warrant ; a nd 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 witiiin that district, and of all such pleas or suits, civil, in which the defend ants sliall reside, be arrested or taken in Char leston district, which district sliall include all Limits of places within the south branch of Santee river, ^tdis" and Combahee river, and the sea, including the islands, by a line dra\ra from a place called Nelson's Ferry directly towards Matthews's Bluff on the Savannah river, until it intersects the swamp at the head of the south branch of Combahee river. The said courts at Coosaw- hatchie, 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- isl ands, and the line to be continued from the main swamp aforesaid to Matthews's Bluff" on the Sa- vannah river. The said courts at Orange- burgh, of all such pleas, civil and criminal, with in Orangeburgh district, which shall include all places between the Savannah, Santee, Conga- ree and Broad rivers, the said line from Nel son's Ferry to Matthews'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 George town district, which shall include all places be tween Santee river, the sea (including the inl ands) and the line which divides St. Mark's from Prince Frederick's parish, which shall be continued in the same course across Peace to the North- Carolina boundary. The said courts at the Cheraws, of ail such picas, criminal and (8 3 ) civil w ithin the Cheraws district, which shall be bounded by the state boundary and the line di viding !st. Mark's and Prince Frederick's pa rishes, continued till it intersects the northern state line, and by Lpich's creek, and a line draw n from the head of that creek upon a course north 30 degrees Avest, until it intersects the state line. The said courts at Camden, of all pleas, criminal and civil, within Camden district, w hich shall in clude the counties of Lancaster, Kershaw, Clare- mont, Clarendon, Richland and Fairfield, The said courts in the district of Pinckney, of all picas, criminal and civil, within die district of Pinck ney, 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, w hich shall remain in Camden dis trict 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 Abbev ille and Edgefield, Laurens and Newberry. The said courts in Washington district, of all pleas, criminal and civil, within die dista ict of Wash ington, which shall include the counties of Pen dleton and Greenville. Ande b it further enacted by the authority who shall aforesaid, That the chief justice and associate ofti'eSe3 iu<*£cs of this state for the time being, chosen courts by t he legislature, and in case of the sickness or establish a^stace °f any of them, any person for that time ed, * ' commissioned and appointed for that purpose by the governor or commander in chief of this state, shah 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 t (9 3 ) within t he 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, courts make such just and reasonable rules and orders m^-mak* for the more regular and convenient conducting orders. and effectual dispatch of business therein, as to them shall seem necessary and proper. And in clerk may case there sliall be no court held on the days ap-°i>?" mA yJ)ointcd b this act, it shall and may be lawful comt'from or the clerk of an}7 of the said courts respective- day to day. ly, 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 winch time all actions then depending shall stand over. Ande b it further enacted by the authority aforesaid, That all judicial process (executions ^™HSt excepted) shall be tested in the name of the chiefhowtobe J, justice , .~ of the ..... state, and in ,case of the - vacancy , -. of*?*1"'1,' signed and , the c hief justiceship, m the name of the senior scaled, associate j udge, 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 ma}- be served in any district of the state ; and in all cases where there shall How to be two or more defendants in one action, residing P™c™<* in different districts, it shall be at the option of fendaiit» * the plaintiff to try his cause in the district w here reside in any one of the defendants shall reside, be arrest- districts. ed or taken. But all executions shall be issued Exccuti- from the court of the district in which verdict ons, how or judgment shall be obtained, and s-hall be test- ^^ted', ed in the name of the chief justice ; and in ease signed and of the vacancy of the chief justiceship, in the served- name of the senior associate judge, and signed (0 4 ) by t he clerk thereof, and served by the sheriff of the district, or his deputy, where die defendant is found or resides, or where his property may be found. Ande b it. further enacted by the authority Retum aforesaid, That all writs or mesne process and ya e executions, that shall be issued by or from the court of common pleas, in and for the district of Charleston, shall be made returnable to the court thereof on the first Tuesday in January, the fourth Tuesday in March, and third Tuesday iit Ail writs August. And all writs and executions that tu'na 'made snau De issued by or from the courts in the other returnable districts, shall be made returnable to the clerk clerk thir- thereof, thirty days next before the sitting of the u days be- court to which they are returnable ; and the she- court sit r^s s^^ make certain return thereof on the re spective days hereby directed, tqlhe said clerks, whose duty it sliall be safely to deliver them to the plaintiff's attornics in the several suits so Plaintiff commenced and prosecuted. And the plaintiff his'decia- shall> on the return of such writs, proceed to file ration. his declaration during the sitting of die court next after the writ is returnable, or at any time after, until the next succeeding court; and shall take judgment by default against the defendant in said suit, unless an appearance has been regu larly entered by the defendant's attorney with the clerk of the court, during the sitting of the said Defendant court. And the defendant, if he puts in an ap- hLPpita Pearancc 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 [ye taken by default. eAnd b it further enacted by the authority Sheriff, at aforesaid, That the sheriffof each of die saiddis- ticmoThis" tricts shall be obliged, at the expiration of his •ffice.to office, to turn over to the succeeding sheriff, all (1 4 ) such w rits and processes as shall remain in his turn over hands unexecuted in the manner prescribed by t0 su.c- the " act for establishing courts, building gaols, ghcrifffail and appointing sheriffs and other officers, for the unexecut- more convenient administration of justice in this ^Tnla- (then province,") passed the twenty- ninth day tisf.edexe- of July, one tliousand seven hundred and sixty- cuUons- 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. eAnd b it further enacted by the authority No sheriff, aforesaid, That no sheriff of any district, or coun- °^i°t^r tyor city,' no master in equity, no commissioner shall pur- ofthe loan office or treasurer, shall be concern- ed or interested, directly or indirectly, in the byhim0 purchase or acquisition of any property 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 con cerned or interested in any such purchase or ac quisition 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. oAnd t prevent unnecessary delays, and pri vate sales to the prejudice of honest debtors and creditors, tBe i further enacted by the authority afore- when ana said, That no district sheriff shall sell any pro-^]^^is" perty in any private or retired part of his dis- riffs shall trict; but he shall sell the same on the first Mon- sel1 in°- day, (and if the sales commenced on tliat day pcrt" " 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 (2 4 ) ever)- d istinct as the judges of the court of com mon pleas shall appoint, and at no other time How and or plac?. whatsoever: And all notices of sale by ^hor!l the sheriff of Charleston district, shall be pub- sales shall hshed three times m the state gazette, or any be adver- other gazette, and at three notorious public pla ces in the said district. And the sheriffs for all other districts in this stale shall publish all no tices of sale at the court house of the district, and two other notorious phces in the district, and in the most public places of the neighbour hood from which the property was taken. Ande b it further enacted by the authority sheriffs aforesaid, That each of the said sheriffs shall be to return bound to make return of the executions lodged withinun m his office, on oa'.h, within ten days after the days after return day, with a full :uid particular account of n turn day. ^ icvics or s;ucs by him made, and of the mo ney in his hands. Ande b it further enacted by the authority ices to i>e aforesaid, That at whatever stage any suit may taxed, :.mi (-tase or determine, the attornies, clerks and fssucdo]"9 sheriffs, shall have their fees taxed, and on non- non-pay- payment thereof, execution may be issued rae"'' against the party from whom they are due, and be lodged w ith the sheriffs of the respective dis tricts, and returnable at the ensuing icturnday; 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 fanner. And be it further enacted by the (minority Commis- aforesaid, That colonel Edward Lacey, colonel plated Z William Fair, James Martin, colonc'l William contract Bratton, Baylis Karle, esquire, and William for build- Smith, esquire, for Pinckney district; and ge- and court neral Andrew Pickens, colonel Robert Andcr- houscs. soll) captain Robert Maxwell, and Mr. John Bowen, Mr. James Harrison, major John Ford, (3 4 ) and J ohn Hallurh, for Washington district, shall be and the same are hereby nominated and ap-> pointed commissioners to agree lor and super intend the building cf gaols 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 majority of the re spective commissioners shall see most fit and convenient in each district. And that provision for building the said gaols and court-houses, and for the purchase of land necessary for the erec tion thereof, shall be provided by a general tax. eAnd b it further enacted by the auihority This act aforesaid, That this act shall not extend to anv "ot J° ex" actic.is which shall be commenced before thetionscom- eighteenth day of November next; but all such"11'!""1, actions • a nd suits • may be proceeded in and deter- biaii, efore No- the mined in the same manner as if this act had been vember never passed. nt:vt' Anel f or the speedy determination of the cau ses now depending in the district of Ninety-Six according to its former boundaries : tBe i further enacted by the authority aforesaid, Twojud- That two of the judges of the superior courts ofps.toat" law shall be and are hereby authorized and direct- earn ed to attend at Cambridge in the months of Aprii ,,rills?e f|f- aud November, at the times fixed for holding the to dispatch courts in the said district, and shall holdtl.e said causes, courts of sessions 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 busi ness then at issue and ready for trial shall require so long time for the dispatch thereof. F (4 4 ) Ande b it further enacted by the authority Sheriff's aforesaid, That sheriffs and clerks shall he ap* todclerk* pointed immediately after the passing oi' this act i*intedfjr (hi the manner they are appointed for the other ti e new districts) for the new districts hereby formed ; MdbeSb. and they £ha11 perform all the duties, be liable jecttothe to all the penalties, and enjoy all the emoluments same pe- to ^-jjjch the sheriffs and clerks of the other dis- nalties a nd . . . , . enjoy t he tncts are liable or entitled; and they shall im« same emo- mediately enter upon the execution of their re« other spective ornces, solar as may be consistent with aeiksand this act, and the sheriffs of the said districts shall M ** also form juiy lists, agreeably to lav.', 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 No vember next, who shall cause juries to be drawn in the manner prescribed by law; and the she riffs of the respective districts shall summon the persons who.se names are so drawn, to attend at the paces where the courts shall be held in the said districts, in the month of April, one thou sand seven hundred and ninety-two; and such jurors shall be liable to the same penalties for non-attendance as jurors now by law are sub* judges to jected to. And the judges of the court of ses- coirts in s*ons ar-d common pleas shall proceed to hold the new the courts within the new districts of Pinckney ^ncknev0f and Washington on the first day of April and end W aah« November, o ne thousand seven hundred and Ington. ninety-two, in Pinckney district; and on the tenth of April and November, one thousand se ven hundred and ninety -two, in Washington dis trict ; and on the days herein fixed in each suc- PersoTis ceedingyear. And the said courts shall be courts prilled recort*5 and all persons necessarily going to wusuai. and attending on, or returning from the same, shali be freed from arrest in any civil action. (5 4 ) eAnd b it further enacted by the authority ^foresaid, That when a prisoner shall be c! is- when » (Surged, by reason of the non-at tcncUu.cc cf the Pys"ner5s prosecutor, or en account of a bill presented ed he sUH against him being rejected by the grand jury, or Y*-Yf\ by reason of an acquittal by the petit jury, such payfees? prisoner shall not be bound or liable to pay any charges which may have been incurred in his or her apprehension, detention or prost cution ; but the same shall be paid cut of the tines and forfei tures received by the proper officers of the court. eAnd b it further enacted by the authority Judges of aforesaid, That whenever the judges who pre- c°™is of •j • , 1 c i • nu i common siden i the court oi common pleas in diaries- pleas in ton, are about to draw jurors, to lie summoned Chuics- for the next succeeding court, they shall draw drt'w or cause to be drawn in the manner prescribed twenty by the jury law of this state, the names of twen- sddttiofa! ty persons, in addition to those heretofore drawn, jurors, so to serve Lr the court cf common pleas; and d-e t^wies. persons so drawn skill be summoned to attend in the usual manner, and shall be entitled 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 ics shall ' always be formed, whose duty it shall be well and truly to try all the issues with which they nu.y be charged, and execute all the writs of enquhy which may be delivered to them respectively. In the Senate House, the nineteenth day of February, in the year of cur 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, Preside?:f t c the Senate. JACOB READ, Speaker cf the Home of Representatives, .3 - (6 4 ) AnCT A to amend the several acts for estab lishing County Courts, and for regulating and amending the proceedings therein, and. for sus pending the County Courts in the districts of Orangeburgh and Beaifort, and ascertaining the duties cf Justices of the Peace throughout the State. WHEREAS e xperience has proved that the present mode of transacting busi ness in the county courts is unfavorable to the equal, impaitial and steady administration of justice: Bet i therefore enacted by the honorable the Senate and House of Jicprcsentutives, now met and sitting in General Assembly, and by the au- County thority of the same, That county courts be and C"ubush arc h^'^y established, and shall be held in the cd.a ' counties of Edgefield, Abbeville, Pendleton, Greenville, Laurens, Newberry, Spartan, Uni on, York, Chester, Fail field, Richland, Lan-. caster, Kershaw, Claremont, Clarendon, Marl borough, Chcsterf ekl and Darlington, on the days herein aiver appointed tor each county re spectively; (.md county courts shall be held at no other time or place;) and the county courts hereby established shall be held and administer ed 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, resignation, re moval or otherw ise, the governor, or comman der in chief for the time being, shall nominate and appoint other fit and proper person or per sons to. fill such vacancy, until the nest mect- (7 4 ) ing a nd sitting cfthe legislature, when such ap pointment shall be annulled or confirmed ; any two of whom shall have full power and authori ty to hear and determine all causes, matters and controversies referred by law to their juris diction. eAnd h it further enacted by the authority How often aforesaid, Tliat the iudercs of the county courts Aesaid « *• c ourt s nr© shall,t a the several times and places appointed tobeiicid, bylaw, hold in their respective counties, courts andw twice in each year for the ti id! of all causes, mat- lon*' ters and things, by law referred to their jurisdic tion; which courts shall continue 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 way belonging to their jurisdiction; and that there Two inter- shall be t\\ o intermediate courts held in each mediate county by one or more of the said judges, the otherpur- business of which courts shall be confined to the poses, granting of tavern licences, appointing commis sioners and overseers of roads and bridges, bu siness relating 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 decisi on lietween individuals is not required or ne cessary ; and that each of the said courts shall be held four days at each term, unless the bu siness shall sooner be finished ; and that the courts be held for the respective counties here in mentioned, on the following days, to wit, for Court the counties of Union and Richland, on the first Mondays of April and September; for the coun ties of Spar ton and Fairfield, the second Mon days of April and September ; for the counties of Pendleton and Chester, on the third Mon- (8 4 ) fdays o April and September; fcr the counties oi" G. eenviiie, York and Marlborough,' on the first Mondays of May and October; for the counties of Laurens, Lancaster and Chester. fijld, on the second Mondays of May and Oc tober; for the counties of Nev. berry, Kershaw and Darlington, 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 Cla rendon and Abbeville, on the second Mondays of June and November. eAnd b it further enacted by the authority Grand .iu- aforesaid, Tfiat the grand jui ies in each of the ries in the &.^ COuntics shall have equal and concurrent county . .... -ii i ... courto t jurisdiction, in all cases whatsoever arising in jiave equal their respective counties, with the erand juries on with m the circuit courts ; anel where a bill of indict- those of xnent shall be found by the grand jury in the circuit couru. c ounty . court, on any charge i ol r a vhigher • u 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 thereon 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 accus ed, to appear at the district court and give tes timony at the time of trial ; but if the bill of in dictment shall not be found, the person accused shall be entitled to his release, and the county attorney shall be entitled to such fees for pre paring such indictment as are taken by the at- tornev-general on indictments found in the court of sessions of any district. Ande b it further enacted by the authority (9 4 ) Aforesaid, T hat in each and every county where y0 suit to county courts are established, no suit shall bt^bl AnCT A to suspend the operation of the limita tion act for the time therein mentioned. BE it enacted by the honorable the Senate and House of Representatives, now met and sit ting in general assembly, and by the authority of the same, That the operation of an act, entitled, y An act for settling the titles of the inhabitant* (6 5 ) ©f t his province to their possessions in their estate* within the same, and for limitation of actions and for avoiding suits at law," passed the twelfth day of December, in the year of our Lord one thousand seven hundred and twelve, shall be, and the same is hereby suspended, so far as the same shall extend to actions of debt, detinue, covenant and assumpsit, until the twenty-filth day of March in the year of our Lord one thou sand seven hundred ninety-three. eAnd b it further enacted by the authority aforesaid, That no person who, on the twenty- sixth day of March next, would be barred by or for want of prosecution, from the recovery of any lands or real estates, shall be barred on that day; but that every such person shall be barred on the first day of November, in the year of our Lord one thousand seven hundred ninety-one. In the Senate House, the nineteenth day of Fe bruary, 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, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A for gradually calling in and sinking the Paper Medium, issued by virtue of an act, entitled, 11 An act to establish a Medium of Circulation by way of Loan, and to secure its credit and utility,'''' passed the twelfth of Octo ber, one thousand seven hundred and eighty- five. WHEREAS i t is necessary to call in and sink the paper medium, circulating in this state, as speedily as possible : (7 5 ) tBe i 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 borrowers ofthe paper medium ^^ top, and the purchasers of property sold by the com- rowers of missioners of the loan ofiice, who have assumed m'eXrmt» the debts of any of the borrowers, shall be oblig- make pay ed to pay into the hands of the commissioners mentoi m- or r t ihe loan-office,i c r one year's . interest• on thea firstr tcrest,on*-»e- and Wednesday in March next; and the same shall ^nth.of. and may be recovered in the way and manner pa^ prescribed in the act, entitled, " An act to estab lish a medium of circulation by way of loan, and to secure its utility," passed the twelfth day of October, one thousand seven hundred and eighty-five. And the}' shall also be obliged to pay to the commissioners of the loan-office, one seventh part of the principal sum borrowed, on the second Wednesday in May next; and the same shall be recovered in the manner following: the commissioners, or a majority of them, shall, within two weeks immediately follow ing the said second Wednesday in March next, (having pre viously advertised the names of the defaulters in the gazettes of Charleston and Columbia, with a notice that suits will be commenced as hereby prescribed, ) commence suits on the bonels, and proceed to foreclose the mortgages of such of the borrowers and other debtors, as may make de fault in the payment of the said proportion of their respective debts, for three-iifhs of the principal sum borrowed; and such suits and proceedings shall be carried on without delay, and conducted to judgment, decree and execu tion as soon as possible ; and as soon as the mo ney is recovered, the same shall be defaced and destroyed in the manner hereinafter directed : Provided nevertheless, That upon the payment (8 5 ) tt t he said one-seventh part of the principal debt, by any of the said borrowers, or other debtors, to gether with the costs of suit, at any time before judgment is actually obtained, such suits shall and may be discharged and ended with respect Thebor- to such boiTowers. And the borrowers and 'T'one^ otner debtors, shall be obliged to pay one-fifth fifthofthe part of the original principal sum borrowed, and and t he ^ W^ole °^ l*ie mterest tncn ^Ue, On the first interest, W ednesday in March, one thousand seven hun- •nnuaiiy. dred and ninety-two, and so on annually until the whole sum borrowed, with the interest there on, shall be fully paid and discharged in paper medium or gold and silver; and if the default be made in the payment thereof at any of the times the same is hereby made payable, the treasurer herein after mentioned, shall, on the Wednesday four weeks then immediately following, (having for three weeks previously thereto, advertised the mortgaged property for sale in the gazettes at Charleston and Columbia) expose to public sale to the highest bidder, the whole property so mortgaged or pledged by such defaulters, for ready money in the paper medium, or gold or silver coin current in this state; and the paper medium paid to or recovered by the commis sioners or treasurer in the manner herein pre scribed, shall be immediately defaced by them, in such manner as to prevent its future currency, and shall be then delivered to a joint committee of the senate and house of representatives, to be by them burnt, except the interest which will be due and payable on the first Wednesday in March next, which stands pledged to pay so much of the foreign debt. Commissi- fwiher enacted by the authority •nersmay a foresaid, That in case any' property should be -Pro- directed to be sold by the commissioners afore (9 5 ) nSaid, e account of the proprietor not having pertr set complied with the terms of this act, audit shall uPfor,!l1*- appeal- clearly and evidently to the said com missioner, that the property about to be sold, will be disposed of so considerably below its in trinsic value, ar, that the interest of the state will be materially injured thereby, the said commis sioners are hereby authorized and empowered to purchase the property so offered for sale, for and on account of the state. eAnd h it further enacted by the authority afore- commis- said, That if at any time during the progressof cal- doners ling in the said paper medium, any of the borrow- °ece^e to ers shall choose topay in the whole sum borrowed, the whole together with the interest thereon, the commissi- „™c'^f oners shall be obligedto receive the same, and shall offeree! by deface anel eleliver the sums paid in, to the joint »n>'tor- r . , , J v. J rowers. committee o i the senate and house oi representaT tives, to be burnt as in manner before directed. Ande b it further enacted by the authority part 0f n aforesaid, That the eleventh clause of the act, former act entitled, " An act to regulate the payment andrepeiJetL recover}' of debts, and to prohibit the importa tion of negroes for the time therein limited," passed the fourth of November, one thousand seven hundred and eighty-eight, giving an opti on to purchasers at sheriffs or other officers sale, to make payments in the paper medium or in gold or silver, be and the same is hereby repealed. An'!e h it further enacted by the authority until all aforesaid, That until the whole of the said pa- the paper per bills shall be called in and sunk by the ope- ^ecri'va- r&tionof this act, they shall pass in payment to bieattiio the treasury of this state, in discharge of all debts, ^dpaya- dutiesand taxes, which may grow due anel pay- bieoncWU able. to the treasury, and also in payment of thellsU civil list expenses, and all the contingent char ges of government. II (0 6 ) eAnd b it enacted by the authority aforesaid, Kblic That should any deficiency arise from the failure faith p led of the borrowers of the paper medium, that the ged in cuss of defici public faith be, and the same is hereby pledged ency. to make good the said deficiency. Ande b it enacted by the authority aforesaid, When t he That die office and salary of the commissioners pfiice and salary of of the loan office, shall cease after the first day commissi of June, one thousand seven hundred and nine oners of ty-one, and that the said commissioners shall loan office shall deliver over to the treasurer in Charleston, all the cease. books, papers and paper medium relative to the said loan office, taking the treasurer's receipt for the same, and to render an account of their trans actions in the said loan office, to Loth branches of the legislature at dieir meeting in November next, and that the powers and authorities and du ties vested in the commissioners of the loan office, from and after the first day of June next, be, and the same are lierebv vested in the said treasurer. In the Senate House, the nineteenth day of February, in the year of our l/)rdone thou sand seven hundred and ninety- one, and in the fifteenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A for establishing the mode of granting the lands now vacant in this State, and for al lowing a commutation to be received for some Innds tluit have been granted. WHEREAS a ll the valuable lands in this state have already been granted, and such as are now vacant will remain so, if the sum of ten dollars in indents be required by the (1 6 ) public f or every hundred acres thereof, and no taxes will be paid for the same : Bet i 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 so much of the first partsof and second sections of an act, entitled, " An act former for establishing the mode and conditions of sur- ^^" veying and granting the vacant lands within this state," passed the twenty- first day of March, 1784; and that so much of the first section of an act, entitled, " An act to alter and amend an act, entitled, an act for establishing the mode and conditions of surveying and granting the vacant lands within this state, and for other purposes therein mentioned," passed the 24th of March, 1785, as relate to the granting and selling such lands within this state as are now vacant, at the rate of ten dollars for every hundred acres, be, and the same is hereby repealed ; and that such vacant lands be granted to any citizens applying for the same, on paying the fees of office. And w hereas, Grants for many thousand acres of land, within this state, have been obtained at the rate of ten dollars in indents for every hun dred acres, and some of the grantees have suf fered their grants to remain in the secretary's office without applying for them, and where such lands have been put up for sale by the treasu rers, on account of the non-payment of the said ten dollars per hundred acres, the sums produc ed by such sales were very trifling : Beit t herefore enacted by the authority afore- Lands said, That where lands have been so eranted and sra"ted v have n ot ,been re-sold i i>, by the treasurers, it. shall , ii andnotrc-sold, shall and may be lawful for the treasurers, and they be paid for are hereby required, on receiving four shillings for every and eight pence specie or paper medium from mo acre* (2 6 ) the g rantees of the said land, for every hundred acres thereof, in lieu of ten dollars in indents, to give the grantee paying such commutation a discharge for the same, and an order on die se cretary of state to receive his grant on paying the lees; and the said secretary is hereby requir ed, oil receiving su:h order andpaymer.t, to de liver the grants to the grantees respectively, who shall bc'so entitled to them. Ande b it further enacted by the authority Grant-snot ({foresaid, That all grants of land in the secretu- t-ken out i y 's office, and which shall not be taken out with in twelve j twelvemonths from the passing of this act, months, 1 *1,1 1 landso t bc then sold to tne highest bidder by the com be sold, ruissioners of the treasury. Ande b it furtlier enacted by the authority where aforesaid, That where any person or persons payments haVe paid aggregate sums into the treasury, as lnadein-" a portion or part of the purchase money due to definitely, the state for divers tracts of land, without ascer- treusurcrs tainin AnCT A for establishing an easier and cheaper mode of recovering Money secured by Mort gage on Real Estates, and barring the Equity of Redemption; and for abolishing the ficti tious proceedings in the action of Ejectment. WHEREAS mortgages are generally meant merely as securities for debts, and no actual estate is intended to be conveyeel by the mortgagor to the mortgagee; but the mortgaged estate is intended, and ought to be considered only as a pledge for the payment of the principal and interest due on the debt meant to be secured. And whereas, the present mode of foreclosing mortgages of real estates is tedicua (4 6 ) and e xpensive, ar.d the right of the mortgagor to his equity of redemption is, in the present mode of exercising that right, attended with inconve nience : Now for the easier and speedier advance ment of justice, in obtaining the payment of debts secured by mortgage, and for ascertaining when the equity of redemption of the mortgagor shall be barred: Bet i enacted by the honorable the Senate and House of Representatives, norv met and sitting in general assembly, and by t fie authority of the judges at same, That on judgment being obtained in the law may court of common pleas on any bond, note or of hiKif68 debt, sccure-d by mortgage of real estate, it shall mortgag- and may be lawful for the judges of the court of common pleas, in case of any judgment having been obtained subsequent to the property's be ing mortgaged, and prior to the obtaining judg ment in the action hereby allowed to be com menced, to order the sale of the mortgaged pro perty for the satisfaction of the monies secured by the said mortgagee, and to give a reasonable extension of the time when the sale is to take place, not exceeding the term of six months from the judgment ; and also to give a reasonable cre dit on the sale of the mortgaged premises, not exceeding the term of twelve months from the Equity of sale; and the mortgagor shall be forever barred onforeclo anc* foreclosed by such sale from his equity of ' redemption in as compleat a manner as if the same had been foreclosed in a court of chancery ; any law, usage or custom to the contrary thereof in anywise notwithstanding : Provided always. That if at any time before such side, the mortgag or shall tender to, or pay into the hands of the plaintiff, or his agent or attorney, or to the she riff, all the principal money and interest meant to be secured by such mortgage, and also all the : (5 6 ) fcosts o the suit, the sale shall not take place, but the mortgagee shall enter satisfaction on the said mortgage, and the mortgaged premises shall be for ever exempt from the said mortgage. Ande b it further enacted by the authority aforesaid, That no mortgagee shall be entitled Mortps. to maintain any possessory action for the real 5^,e!l"tcn' i r * i i i i r tilled to estate m ortgaged, even after the time allotted the payment of the money secured by mortgage iyMCtion- is elapsed, but the mortgagor shall be still deem ed owner of the land, and the mortgagee as own er of the money lent or due, and shall be entitled to recover satisfaction for the same out of the land in the manner above set forth. Provided always, That nothing herein contained shall ex tend to any suit or action now pending, or when the mortgagor shall be out of possession, nor to contravene in any way, the ordinance, entitled, " An ordinance to encourage subjects of foreign states to lend monev at interest on real estates within this state, nor to deprive any person or persons of any right which he, she or they may have at the time of passing this act. eAnd b it further enacted by the authority aforesaid, That where the same lands are mort- Morts?£- jn-ered at divers times, the debts meant to be se- es.t?.b'. cured by such mortgages shall be paid in the or- order they dcr the same are recorded agreeably to law, and in no other order; any law, usage or custom tocor c the contrary thereof in anywise notwithstanding. And w hereas, Since the disuse of real actions, the common method of trying the title to lands has been by action of ejectment, which, depend ing upon a variety of legal fictions, is rarely un derstood but by professors of the law : in order to render more plain the mode of trying the title to lands in this state, tBe i enacted by the authority aforesaid, That (6 G ) Methodf o the method of trying the title to lands or ten?- trying the ments within this state, shall be liencefor.vard lands. by action of trespass, wherein the real name of the plaintiff and defendant shall be uscfl, and not fictitious names; and if the jury shall find for the plaintiff, the)* are also hereby empowered in the same verdict to award damages for mesne profits, and the judgment shall be entered on such verdict as well for the dainages as for the recovery of the land. And the plaintiff on such judgment shall be entitled to a wi it of possessi on for the land, and to an execution for his da mages. Acts of a»- And be it further enacted by the authority •embiy re- aforesaid. That even' act of asse-mbir, relative ejectment, to actions of ejectment, shall hencclorward b« ■hall relate construed to relate to such actions of trespass past. where the title to lands shall come in question. In the Senate House, the nineteenth day of Fe bruary, 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, Presidentf o the Senate. JACOB R EAD, Speakerf o the House of Representatives. CTAn A to provide for the final settlement of the accounts of the former Commissioners of the Treasury, and other Public Departments, and of all other persons fuming accounts with the State. WHEREAS i tis ordained inandbythefifth of the additional articles of the constituti on of this state, passed at Columbia, the third day of June, in the year of our Lord, one thousand (7 6 ) seven h undred and ninety, that the legislature " provide for the annual and final settlement of the accounts of the commissioners of the treasury, so that the pecuniary interest of the state be du- . ly attended to, and the persons who faithfully discharge the duties of that important office, be quieted therein, and their securities released in a fixed and reasonable time." And whereas, in order to carry the said article fully into effect, and to ascertain the red state of the public ac counts of this state, and to enforce a settlement with the public, by those persons who have been in any way intrusted with the collecting and payment or disbursement of public money, it is become necessary to close the public ac counts at a day certain, and to appoint proper persons as commissioners to examine and adjust and settle the public accounts: Bet i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the autho rity of the same, That the commissioners ol the officers of treasury, the auditor- general, collectors and re- public de ceivers of the public tax, and all other persons SSj^Ske whose accounts remain unsettled, shall, forthwith »p their make. out and close the same up to the twentieth ^20™ re- day of February, in the present year; and submit binary, the same, with proper vouchers, for the inspec- 1791- tion, adjustment and final order of the commis sioners to be appointed by virtue of this act. Ande b it further enacted by the authority aforesaid, That three commissioners, to be elect- Commis- ed by joint ballot of the senate and house oi ^rizedto representatives during the present session, shall seuie the be appointed commissioners, w ith full power j,"™^. and authority on the part of this state, to exa- uc depart- mine into, adjust and settle the accounts of the mcnts, present, and all former commissioners of th« (8 6 ) treasury, a nd of all tax-collectors and receivers^ and of all and every other agent or agents, board, person or persons, who have at any time here tofore been entrusted with the collection and disbursement of public money, in any way or manner whatsoever, and whose accounts remain Commij- unsettled and not finally closed ; and on a tho- •ioncra an-' rough investigation and examination, and hav- give'aL ° mg proper vouchers and evidences exhibited charges on to them, to close and settle with such person or Sement persons, and the heirs, executors or administra- and cancel tors of such as may have departed this life ; an fconda. acquittance or other sufficient discharges, in the name and for and on the behalf of this state, to give; and also to deliver up and cancel all and every such bonds and obligations as arc or may remain in the treasury or secretary's office of this state, so that persons faithfully executing the duties of dieir respective offices, their securities, and the heirs, executors and administrators of such persons, and their securities, may be qui eted and lor ever discharged from their said obli gations. Andn i order to enable the said commissioners fully to carry this act into execution, and to as certain the real state of the pecuniar)' interests of this state : tBe i enacted by the authority aforesaid, That the said commissioners, or any two of them, be, and they are hereby authorized, enjoined and required, to call to an account and reckoning, and to settle with all and every such person and persons as have filled the office of commissioners of the treasury of this state, and with the heirs, executors and administrators of such as may be dead, all collectors and receivers of the public tax, and all and every such person and persons as have acted as agents or boards; and all other (9 6 ) personr o persons whomsoever, who at any time or times heretofore have been intrusted with or concerned in the collection and receipt, or pay ment and disbursement of public money, and the heirs, executors or administrators of such as may be deceased: And in case of refusal orTocom, neglect in any person or persons to render such mence account, and to make payments of any balance *gaisnst ^ or balances in their hands, to commence and fauitcrs, prosecute, on the part and behalf of this state, "f/^" any action or actions, suit or suits, in law or to final equity, for the recoverv of any sum or sums ofJ"d8me,lt money 1 « t ,hat may ibe r'i- found m arrear, due, i owing • j;on.andcxecu- or payable to this state, and the same to final judgment and execution to prosecute; and to proceed to the seizure and sale of the goods, chattels and effects of such debtor or debtors, or to the imprisonment of his or their persons, in such way or manner as to the said commissi oners, or any two of them, may seem fit and most for the benefit of this state. eAnd b it further enacted by the authority To send aforesaid, That the said commissioners- in their ^person* execution of the trust hereby reposed in them, m no w;t. and to enable them to obtain the fullest and most nesses. perfect information on the objects of their com- p^ons mission, shall have full power and authority to refusal, to _send for and examine any person or persons on ^"^"'o the subject of the accounts, receipts and dis- prison. bursements, for and on behalf of the public; and also to order the attendance of all or any of the present or former commissioners of the treasu ry, auditor- general, or other public officer or officers of this state for the purposes aforesaid. And in case any person summoned to appear be fore the said commissioners, after due notice, shall refuse to appear, or when appearing, shall refuse to be examined, or to give such informa.' (0 7 ) ntion, o oath or affirmation, as may be consist ent with his, her or their knowledge in the pre- mises, that it shall and may be lawful for the said commissioners, or any two of them, to com mit such person or persons to close prison in any common gaol of this state, until he, she or they shall submit to be examined by the said commissioners, or any two of them ; and all and singular the sheriffs, gaolers, and other public officers, are hereby required to be aiding and assisting to the said commissioners, in enabling them fully to cany this act into effect. eAnd b it further enacted by the authority. commissi- aforesaid, That it shall and may be lawful to °"crs a j", and for the said commissioners, or any two of visit public them, at all times during the continuance or this officers act to visit the public treasury, the offices of the and kd irectee-v tncA, tax-collectors, ,. * or any ot r them, i and 1 to. point • ing and out and direct the manner in which the accounts out thf of die treasury, tax-collectors, or other officers accounts, shall be kept, and to direct such statements, ac counts and documents to be made out and pre pared for the use of the legislature, or of die said commissioners, as they shall deem necessary to explain or illustrate their reports, or to ascertain the true balances of the public debts and credits of the state. Ande b it further enacted by tlie authority To report, aforesaid, That the said commissioners, or any totime^o two of them, shall, from time to time, report and the leg-is- lay before the legislature of this state, a full state- lature. ment of their proceedings in the premises. Ande b it further enacted by the authority Commissi- aforesaid, That before any of the said commis- theii-S' a"d si°ners sna'l take upon him die duties imposed clerks, to by this act, he shall take an oadi before some one qualify, of the judgesof the superior court of this state, well and faithfully to execute the trust hereby re (1 7 ) posed ; a nd the said commissioners shall cause an oath to be administered to each and every clerk by them to be employed, well and faith fully to execute the duties imposed on them, and to keep secret such matters as may be en joined them by the said commissioners, or a ma jority of them. eAnd b it further enacted by the autliority aforesaid, That each of the commissioners ap- Salary and. pointed by virtue of this act, shall be entitled to $STsri!l receive as a reward for his services, the sum of commissi- five hundred pounds sterling annually, over and oncrs' above all charges of stationary, and other expen ses necessary to be incurred, (except the hire of clerks) in and about executing the duties im posed by this act. eAnd b it further enacted by the authority aforesaid, That this act shall be taken as a pub- This act a lie act, and shall be judicially taken notice of asPublic,ct- such, and may be given in evidence as such, in all courts ofjudicature of this state, without spe cial pleading. And that if the said commissi- if sued, oners, or any of them, or any person or persons j^^iiff employed by them, in and about executing the nonsuited, duties prescribed by this act, shall be sued or ^er^ovcr impleaded for any tiling done by them, or any of co»t». them, in the execution of the same, and a ver dict shall pass for the defendant, or the plainthT shall suffer a non-suit or discontinuance, the de fendant or defendants shall recover treble costs. eAnd b it further enacted by the authority Ne-n-u-ea- aforesaid. That the treasurers now to be elected, surere u> shall, from the day of their appointment, com- new mence and open a new set of books, totally un- books, and connected with the past transactions of the trea- balance i _ _ > t li cm eve- sury-office, a nd keep the same after the Italian ryfint of method of book-keeping; and they are hereby October, required and directed to balance their books on (2 7 ) the f irst day of October in every year, and lay a statement of the same before both houses of the legislature on the first day of their meeting annually: Provided always, That nothing here in contained, shall extend or be construed to ex tend to deprive the commissioners of the trea sury, of the power of demanding, receiving and compelling the payment of debts due to the state, agreeable to law, Ande b it further enacted by the authority rr*+ aforesaid, That this act shall be in force for the of this act space 01 three years, irom and alter the passing thereof, and from thence to the end of the next sitting of the general assembly, unless the ob jects thereof shall be sooner accomplished, and the legislature be enabled to discharge the com missioners from the trust created by the same. In t he Senate House, the nineteenth day of February, in the year of our Lord one tliou- sand seven hundred and ninety-one, and in the fifteenth year of the Independence ofthe United States of America. DAVID R AMSAY, fPresident o the Senate. JACOB R EAD, fSpeaker o the House of Representatives. AnCT A for loaning to the United States, a sum of the Indents of this State under certain Li mitations therein mentioned. BE i t enacted by the honorable the Senate and House of Representatives, now met and indentsto sitting in Genera! Assembly, and by the autho-. be l oaned . °„ , „« , J • • r a to t he Uni- Ttty qj the same, 1 hat the commissioners of the ted states, treasury, or any one of them, be authorized, re-. (5 7 ) quired a nd directed to subscribe in behalf of tliis state, on loan to the United States, on the last day of September next, so many of the fundable indents of this state as may then be in their possession, which, when added to the amount of private subscriptions, will make in the whole four millions of dollars, or as near thereto as may be, but in no case to exceed tliat sum, and to receive in lieu thereof, in behalf of the state, from the commissioner of loans, the funded certificates of the United States, in such sums as they may deem most convenient. eAnd b it further enacted by the authority Penaltyfor aforesaid. Tint each and every officer of this ?xchanS- state, who has receiveel or who may receive in- dent*, dents in behalf of the state, is hereby required to retain in his possession or pay over to the treasury, as the case may be, the identical in dents he or they have received, and if the offi cer who has received or who may receive in dents in behalf of this state, shall presume to ex change fundable indents for such as are not fund able, such officer shall, on conviction thereof, forfeit his office and double the nominal sum of indents so exchanged. Ande b it further enacted by the authority aforesaid, That the commissioners of the trea- sury take forthwith an account of all indents in gisiature their possession, distinguishing those w hich are *" t^°™fc fundable from those which are not, and those dents in which are cancelled from those which are not, *eiT Pos- and report the same to the legislature when sit- 8 """ ting, or in their recess, to his excellency the go vernor; and the commissioners of the treasury, and all other officers of the state, who have re ceived, or who may receive fundable indents on behalf of the state, are hereby required to for bear from cancelling the same till the last day of (4 7 ) September n ext, any law, usage or custom to" the contrary notwithstanding. In t he Senate House, the nineteenth day of February, in the year of our hard one thou sand seven hundred end ninety-one, and in the fifteenth year of the Independence of the United States of America. DAVID RAMSAY, fPresident o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A empowering the Treasurers to issue indents to sundry persons whose accounts were returned to the Auditor-General within the time prescribed by law, the vouchers for which were in the possession of the late William Ar thur, Esquire, Auditor for Orangcburgh dis trict, as well as sundry other accounts deliver ed in to the said William Arthur, Esquire, within the time prescribed by law; but which accounts and vouchers, owing to the death of the said William Arthur, Esquire, are lost or mislaid, and for other purposes therein men tioned. WHEREAS, s undry accounts received by the auditor- general within the time prescribed by law for receiving accounts, have never been passed, owing to the vouchers hav ing been retained by the late William Arthur, Esquire, auditor for Orangeburgh district. And whereas, sundry other accounts which were re ceived by the said William Arthur, Esquire, within the time prescribed by law for receiving accounts, which said accounts and vouchers, owing to the death of the said William Arthur, Esquire, are lost or mislaid. And whereas sun dry of the accounts received by the auditor-ge (5 7 ) jitrJ, w ere for specific articles supplied the troops of this state, as well as the ti oops of the United States, and for which no prices appear to have been fixed: Bet i enacted by the Senate and House of Re presentatives, now met and sitting in general as* sembly, and by the authority of the same, That in tvery such case the treasurers be, and they are hereby authorized and required to allow such reasonable prices for the same, as may appear right, not exceeding the prices allowed by Con gress for such specific articles. Ande b it further enacted by the authority aforesaid, That the treasurers be, and they are hereby authorized and required to issue indents to the amount of all such of the said accounts as may appear on oath to have been received by the auditor-general, as well as those retained by the late William Arthur, Esquire, auditor for Orangeburgh district, (except where indents have been already issued, ) with interest thereon, from the first day of April, one thousand seven hundred and eighty-three, on their producing the said original accounts, and such vouchers as can be obtained to support such of the accounts as were received by the auditor-general, and proper vouchers ibr such of the aforesaid ac counts as have been retained by the saiel Willi am Arthur. In t he 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, fPresident o the Senate. JACOB READ, Speaker of the House of Representatives. K (6 7 ) AnCT A authorizing the Inhabitants of the elec tion districts where county courts are not estab lished, to choose commissioners of the poor. WHEREAS i t will conduce much to the convenience of the inhabitants where county courts are not established, to have com missioners of the poor : Bet i therefore enacted by the honorable the Manager* Senate and House of Representatives, nmv met ofelection anj sitting in general assembhi, and by the au- to o pen ft ^ " t * poll f or the thority of the same, That the respective mana- election of gers Gf the election for members of the legisla- on^of31 ture 'n tne said election districts shall, and they the poor, are hereby authorized and required to open a poll for the election of commissioners of the poor, not exceeding five : die first election to be held on the first Monday in April next ; and at all times thereafter at the same times and pla ces, and in the same manner as are usual for the election of members of the legislature ; and that all persons who have a right to vote for mem bers of the legislature, shall be entitled and have a like right to vote for the said commissioners. And be it further enacted by the authority Po-wersof aforesaid, That the said commissioners of the the said p00r elected as aforesaid, shall have the over- commissi- r . , , - .. - . . oners. s ight, ordering and relieving ol the poor in die said elective districts respectively ; and shall have power to demand and receive all such gifts and legacies, and all such fines and forfeitures, and any other monies or things whatsoever, as are given to the use of the poor : and in case of refusal to deliver or pay the same, to commence and prosecute any lawful suit or action for the recover}* thereof. Poor to be And be it further enacted by the authority sndedu- aforesaid, That the poor of the elective districts c»ted. respectively, shall be relieved and educated out (7 7 ) of a lt such money, goods or things, and out of such fines, mulcts and forfeitures, as shall be given to the use of the poor. And in case the commissi* same shall not be sufficient for the relief of the pool-, and the education of their children, and ol poor orphan children, that once in every year, sums for at any time w ithin two montlis after the first day ^e^^r of January annually, it shull be lawful for the said andeduca. commissioners in the election districts respect- tl,0.I},of i i 1 1 i children; ojvely, t assess such sum or sums as shall be to isane sufficient for that purpose. The said assess- ™^™"je ments to be made equally upon the estates, real fauiters, e* and personal, of all and every the inhabitants, owners and occupiers of lands, tenements and hereditaments, or any personal estates within the several districts ; and in case any person or per- sons shall refuse or neglect to pay the sum or sums which they may be assessed, it shall and may be law ful for the said commissioners, or a m .joiity of them, respectively, to issue their warrant of distress against such defaulter, w hich shall be levied by any of the constables in the said respective districts, in the same manner, and sales biiall be made on the same terms as in cases of distress or sales for public taxes. eAnd b it further enacted by the authority aforesaid, That in case any poor children shall and to bind be chargeable to the respective districts, it shall children and may be lawful for the commissioners of such Entices" district, to bind any such child or children out to be an apprentice, until every male child shall arrive to the age of twenty-one years, and every female until she shall arrive unto the age of eigh teen years or be married. Ande b it further enacted by the authority Pcnoltvfor aforesaid, T hat the said comn issioners, when refusing to • ■ serve electeds a aforesaid, shall be obliged to serve, Under the penalty of forfeiting five pounds for (8 7 ) each p erson elected as aforesaid, refusing or doT clining to serve ; (Provided nevertheless, That no person shall be obliged to serve more than two years in six ;) and they shall continue to exercise the duties, powers and authorities which they are hereby vested with, for and during the term of two veal's, to commence from the time of their respective elections, except as to the first election to be made by virtue of this act. In t he Senate House, the nineteenth day of Fe bruary, in the year of our Lord one thou sand seven hundred and ninety-one, and in the fifteenth year of the Independence of tlie United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB R EAD, Speaker of the House of Representatives. CTAn A to suppress the pernicious practice, and prevent the evil consequences of excessive and deceitful gaming, swindling, and other prac tices therein mentioned. WHEREAS a n umber of idle persons of ill fame, who have no visible means of obtaining an honest and reputable livelihood, have of late infested this state, and have been too successful in carrying into effect their der ceitful gambling and swindling practices, draw ing into their wily snares, many ignorant and unwary persons to their prejudice: in order therefore, to prevent, as far as possible, such dangerous and evil practices in future: tBe i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au thority of the same, That from and immediately' (9 7 ) 'after t he passing of this act, if any person or penalties persons shall inveigle or entice, by any arts or de- °n unUw. vices, any other person or persons to play at ing.fswi~n- cards or dice, or any other game, or bear a share <^e. ~c or part in the stakes, wagers or adventures, or bet on the sides or hands of such as do or shall play as aforesaid, or shall sell, barter or expose to sale, any kind of property, which has been before sold, bartered or exchanged, by the per son so selling, bartering or exchanging, or by any person or persons to his or their benefit or advantage, so selling, bartering or exchanging, in any house or other place within the state, or be a party thereto, or over-reach, cheat or de fraud by any other cunning, swindling arts and devices, that so the ignorant and unwary, who are deluded thereby, lose their money or other pro perty, every such person exercising such infa mous practices, shall, on conviction thereof in any court of this state, exercising criminal ju risdiction, by trial by jury, be deemed guilty of enticing, inveigling, defrauding and swindling, shall forfeit a sum at the discretion of the court and jury, besides refunding to the party aggriev ed, tloubie the sum he was so defrauded of; and if the same be not immediately paid, with costs, every' such person or persons shall be commit ted to the common gaol, or house of correction, of the district or county where such person or persons shall be convicted, there to continue for any time not exceeding six months, unless such fine or fines, with costs, be sooner paid and discharged. Ande b it further enacted by the authority justices aforesaid, That complaint on oath beincr made •sh:,lh""lle v * t r o w arrants to a ny one of the justices of peace within the.,ndiin]d state, of any person or persons having defraud- ofiendw» j V / l , . . r , . P .• to bail ed t he party complaining, by inveigling, entic- (0 8 ) ing,r o by any swindling practices, within the meaning of this act, he shall issue his warrant, directed to any sheriff or lawful constable, who is thereupon to apprehend such person or per sons, and bring him' or them before any one of the justices of the peace of the state, with the cause of his detention, who shall thereupon hold the party so brought before him, to bail, with one or more sufficient sureties, to appear at the first court of the district or county, having ju risdiction to try such cause, that shall happen thereafter, and answer to any information to be then filed against him or them by the party so injured ; but if the party refuse to give bail as aforesaid, the said justice of peace shall be, and he is hereby authorized and required to commit him or them to the common gaol of the district or county, in which the complaint is made, there to remain until the next sitting of the court of the district or county having jurisdiction to try such cause, then to be brought up for trial. And v jhereas, The occupation of sea-faring men, and the residence of such inhabitants of the . state as are at a great distance from the city of Charleston, rendering it inconvenient and expen sive to such persons (having been defrauded within the said city,) to wait until the sitting of the court of sessions, for the purpose of prose cuting to conviction, offenders against this act ; but would rather submit to the loss sustained, if not very great: Therefore, for the relief of such persons, it is necessary that such offenders with in the city of Charleston, should be brought to a : more speedy trial, therefore, for that purpose, Be it further enacted by the authority afore- Covut of said, That the court of wardens of the city of charie"!'" Charleston, be, and the said court is hereby au tonym- thorized and empowered to try all offenders (1 8 ) figainst t his act, upon the principles of law in cri- powered minal cases: Provided, That a jury is draw n J.0 tr> of- from among the citizens of Charleston for thatj^618 y purpose. eAnd b it further enacted by the authority citycoun- aforesaid, That the city council of Charleston cil to di- is hereby authorized and empowered to rtgu- modeof late and direct the mode and manner of drawing drawing such juries; and that the jurors so drawn shall j"ccshju" he liable to the same penalties for non-attendance as the jurors of die superior court of sessions are by law subject to. eAnd b it further enacted by the authority aforesaid, That all notes, bills, bonds, judg- Securities ments, mortgages, or other securities or con- monies'* veyances whatsoever, given, granted, or entered won at into, or executed by any person or persons \\ hat- ^ be^'id soever, where the whole or any part of the con- and of none sideration of such conveyances or securities shall effect be for any money or valuable thing whatsoever, won by cock-fighting, horse-racing, or by gam ing or playing at cards, dice, tables, tennis, bowls, or other game or games whatsoever ; or by betting on the sides or hands of such as do game, at any of the games aforesaid, or any other game or games ; or for the reimbursing, or repaying any money knowingly lent or ad vanced at the time and place of such cock-fight ing, horse-racing or play, to any person or per sons so gaming or betting as aforesaid ; or that shall during such cock-fighting, horse-racing or play, so play or bet, shall be utterly void, frus trate and" of none effect to all intents and purpo ses whatsoever; and that where such mortgages, securities, or other conveyances, shall be of lands, tenements, or hereditaments, or shall be such as to encumber or effect the same, such mortgages, securities, or other conveyances, (2 8 ) shall e nure and be to and for the sole use and be nefit of, and shall devolve upon such person or persons as shall have been or may be entitled to such lands, tenements or hereditaments, in case the said grantor or grantors thereof, or the per son or persons so encumbering the same, had been dead ; and as if such mortgages, securi ties, or other conveyances, liad been made to such person or persons by the person or persons so encumbering the same; and that all grants and conveyances to be made for the preventing of such lands, tenements or hereditaments from coming to or devolving upon such person or per sons, hereby intended to enjoy the same as afore said, shall be deemed fraudulent and void, and of none effect, to all intents and purposes what soever. In t he Senate House, the nineteenth day of February, in the year of our Lord one thou sand seven hundred and ninety-one, and m the fifteenth year of the Independence of the United States of America. DAVID R AMSAY, Presidentf o tlie Senate. JACOB R EAD, Speaker of the House of Representatives. CTAn A to ascertain the jurisdiction of the court of wardens of the city of Charleston, in the cases therein mentioned. WHEREAS t he intendant and wardens of the city of Charleston, have by their memorial to the legislature of tliis state, enume rated several cases wherein doubts have arisen respecting the extent of the jurisdiction of the court of wardens, and in their said memorial did pray that their jurisdiction misjht be so clearly (3 0 ) tffeuncd t hat they might know the' actual extent thereof: tBe i therefore enacted by the honorable the Senate and House of Representatives, ncav met and sitting in general assembly, and by the au thority of the same, That where any debt r.ct conrtof exceeding twenty pounds, is ccnti acted cut cfWi1 > the city, or any damage (not effecting the rights ^u^.c of freehold) is committed out the limks theieof, anceof and the party contracting such debt, or commit- £ h^ec™~ ting such damage, is found within the city, that dam.-ges the court of wardens shall be and they are here- d°ne<>utof by 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 da mage had been done within the limits thereof. Ande b it further enacted by the authority aforesaid, That the said couit of wardens shall Atvimav and may, and they are hereby authorized and fn"untc"m" J , , • . . . J n missionBto empowered, o n the application oi any person or e^juirq persons interested in any suit depending in the witnesses, said court, to grant a commission to be directed to one or two commissioners, empowering them to examine and cross examine, en oath or solemn affirmation, the witnesses mentioned in the said commission, who reside without the limits of the city : And the testimony of the w itnesses so ex amined 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 commis sion, shall refuse to give testimony to the best of his or her knowledge, on oath or solemn affir mation, before the said commissioner or com missioners on being summoned, every person so refusing, if he shall reside and be in the election !■< (4 8 ) districtf o 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, m any court of record within the s tate. And w hereas, advantages may arise by enforc ing, in a summary manner, the performance of contracts on short credits, if the court of war dens were invested with power to take cogniz ance by separate processes, of all cases where several bonds, notes or other evidences of debt due by 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 separately is under that sum : tBe i therefore enacted by the authority afore- How to said, That where the same creditor is possessed %herea °^ c^vcrs bonds, notes, and other evidences of ereditoris debt due from the same debtor, and which said of divers'* bonds, notcs» and other evidences of debt amount evidences in the whole to more than twenty pounds, though of debts, each separately is under that sum, it shall and onedebtor. mav be lawful for the court of wardens, on ap plication made by petition, to issue separate pro cesses, and enter up separate judgments, and issue separate executions, on such of the said bonds, notes and other evidences of debt, as if each of them had been in distinct hands : Provi ded each process, judgment and execution, shall not exceed twenty pounds ; and provided all the demands which the same plaintiff appears to have against the same defendant, if they do not together exceed twenty pounds, shall be blend ed in the same process to prevent splitting of ac tions. And w hereas, it has been doubted whether the counsellors, attornies, solicitors and clerks of the (5 8 ) teuperior c ourts, are amenable to the court of Wardens in causes within their jurisdiction : tBe i therefore enacted and declared by the counsel- authority aforesaid, That as in a free republic, Jors>»t^r' the citizens ought to be entitled to equal liber- cUorsand ties and equal privileges, so no set of men arc clerks, are exempt from the process of any court within the "mpTfrora limits of its jurisdiction, without such exempti- process, on is expressly granted by the constitution ; any law, usage or custom to the contrary thereof in any wise notwithstanding. In t he 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, fPresident o the Senate. JACOB READ, Speaker of the House of Representatives. CTAn A to establish a county and county coittt in the district of Kershaw. WHEREAS t he inhabitants of Kershaw district, as by their petition to the legis lature is set forth, have experienced many in conveniences 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 consti tution : Bet i therefore enacted by the honorable the KertW Senate and House of Representatives, now met end sitting in general assembly, and by the autho- Kershaw rity of the same, That the said district shall be, county, and is- hereby established ;ts a county, to be called and known by the name of Kershaw ( ) County, t he lines and boundaries of which, til) they are altered by the legislature, shall be as Lincaami follows, th.it Li to say : beginning on the east ^>unua- gj(j^ o£tj10 Watcree river at Stark's ferry, from thence by a line running to the ford of the Hang ing- Rock creek ; thence down Lick creek to Fiat creek; thence down Flat eieek to Big Lynch's creek ; thence down Big Lynch's creek to Spivy's ferry or ford; thence to Car ter's crossing place in Clarcmont county; thence down the foi iv to Swift and Rafting creek ; thence across the Watcree river to Spear's creek in Richland county ; thence up Spear's creek to the fork of Spear's and Ragiia's creek ; thence up Raglin's creek to John Dougherty's on the Twenty-five mile creek ; from thence in a direct; line to the mouth of Colonel's creek, on tlx; Watcree river ; thence across the Wateree riv er1 to Stark's ferry at the beginning : which said county shall be entitled to county courts, to be holdcii on the twenty-eighth day cf February, the sixteenth day of April, the seventeenth day of July, and the fifteenth day of November, in every year ; and the said couits shall hold, exer cise and enjoy the several powers, jurisdictions and authorities, as are by law vested in the county courts of tins state. Ande b it further enacted by the authority Commit- aforesaid, That John Simpson, Douglass Starke, raTtae" lsham Mnnn- Pifilip Peais-.)ii. Thomas Ballard, andrepoA Benjamin Wa/ing and Samuel Boykin, l>e, and tothHe- they are hereby appointed commissioners to Ifis a urv.. survev the lines between the counties of Ker shaw and Lancaster, and the lines between the counties of Kershaw and Ciaremont ; and to report to the legislature at their next meeting, a plat of the aforesaid three counties, with remarks on the population, situation, and other circum (7 8 ) Stances n ecessary to be taken into considera, tion in forming the dividing lines of the said counties. In t he 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 R AMSAY, Presidentf o the Senate. JACOB R EAD, Speaker of the House of Representatives. AnCT A for establishing certain Regulations in Georgetown. WHEREAS t he inhabitants of George town, Prince George parish, Winyaw, have Jong laboured under great inconveniences, for the want of some persons properly authoriz ed to keep in repair the streets and causeways of the said town, and to prevent the illicit traf ficking with negro slaves. And whereas, (by the cession from this state to the United States, of all right to collect tolls and duties upon ship ping and merchandize entering into the ports of the state) the port of Georgetow n has been de prived of the funds, formerly, .appropriated by law to the purpose of keeping a piiot-bout and pilots for the said port : Bet i enacted by the honorable the Senate and Commis- Hcuse of Representatives, r.ow met and sitting- *toncrs}0 tit i ii t n i° be appoint in g eneral assembly, and by the authority oj thee<\,md same, That commissioners of the streets, (io be Tested appointed by the inhabitants of Georgetown, ) ™^ skill have power to assess, according to the va- erg. (8 8 ) luationf o the general tax, all the lots and build, ings of the said to'.vn, in such a sum as they shall deem sufficient for keeping the streets and causeways of the said tow n in repair ; also to regulate die ferries from the said town over Georgetown river, to the road leading to Char leston, and to Waceamaw road leading to North- Carolina : and also that they shall have power to demand and receive the sum of fifty pounds for each and every licence to keep a billiard ta ble, and the sum of five pounds for each and every licence to retail spirituous liquors in the said town ; the amount of such licences to be applied to the purpose of keeping a pilot-boat, and to other occasional purposes of" the said port ; and also that the commissioners aforesaid, or any two of them, shall have power, in a sum mary manner, by a warrant under their hands . and seals, to seize and rent the premises, until the amount of such assessments are fully paid, and to levy on goods and chattels, until the price of such licence be discharged. And the monies arising from licences and billiard tables, to be paid to the commissioners of the pilotage for the use of the said port and pilot-boat. tBe i farther enacted by the authority afore said, That the commissioners aforesaid, shall have power to regulate the assize and price of bread ; and shall have power to compel butchers and others, to produce to the clerk of the mar ket of Georgetown, the hides and ears of all cat tle brought for sale to the said market, the said ears to be immediately destroyed by the clerk, who shall be entitled to demand and receive from all butchers and others, bringing the same to market, the sum of six pence, as a compensa tion for his keeping a regular account of all the. brands and marks of the said cattle. (9 8 ) tBe i further enacted by the authority afore said, That the commissioners of the streets aforesaid, shall have power to prevent all per* sons from galloping through the said streets, and to prevent stud horses, goats and sheep, from going at large within the said town, and to prevent all persons from trafficking with ne gro slaves, or retailing spirituous liquors to them, w ithin the harbour of Georgetown, or on the creeks and rivers of Prince George's parish, Winyaw ; and also that the commissioners afore said, shall have power in a summary manner to affix and levy fines upon all persons offending against any of theabove regulations, not exceed ing five pounds for each offence. tBe i further enacted by the authority afore said, That all deeds and other writings relative Deeds or to any future conveyance, sale or mortgage of j**6^"1" personal property which shall be in the district recorded, of Georgetown, at the time of such conveyance, ^°?eaf"h sale or mortgage, and which shall be first re- fetcon- corded in the office of the register of mesne con- veyance, veyances in Georgetown, sliall be taken, deem- ' ed, adjudged, allowed of, and held to be the first conveyance, sale or mortgage, and good, firm, substantial and lawful in all courts of judicature within this state, any former or other transfer, conveyance, sale or mortgage of the same, not recorded in the said office, notwithstanding ; any former law, usage or custom to the contrary thereof in any wise notwithstanding. Bet i enacted by the authority aforesaid, That this act shall be deemed and taken as a public This act law, and notice thereof shall be taken in all courts Jj£^J^4 of justice and elsewhere in this state; and it shall public a ct. be g iven in evidence in die trial of any cause or (0 $ ) issue w ithout special pleading, any law, usage- or custom, to the contrary thereof notwithstand ing. In t he 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 ofthe United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB R EAD, Speakerf o the House of Representatives. AnCT A for establishing the upper Line be tween the Parishes of Prince George, Prince Frederick and Liberty County. BE i t enacted by the honorable the Senate and House of Representatives, now met and sifting in general assembly, and by the au- t/iority of the same, That Prince Gtoi ;rc parish shall be bounded northwardly by a line begin ning at Lenud's ferry, on Santec river, thence along the road to Potatoc ferry, to Shepherd's feiry en BLck Mingo, to Briton's ferry on G eatPedee, thence along the said river and Big Bull's cr^ek, any law, custom or usage to the contrary notwithstanding. In t he 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 ofthelrulependence of the United Statts of America. DAVID R AMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. ( w ) AnCT A for opening and improving the havu gation of Great Pedee, Waterce, Congaree, - Broad River, Savannah, Keowee, Tugaloo and Black Rivers, Lynch' s, Black, Jeffrie 's, and Catfish Creeks. BE i t 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 Tristram Thomas, Morgan Appoint- Brown, William Pegues, Esquires, Baron Pool* nier,totthie nitz, Alexander M'Intosh, Moses Pearson, Wniof William Strother, Nathaniel Sanders, Lemuel commissi: Benton, Thomas Evans, and Riehard Brock- pcciec. ington, be, and are hereby appointed com missioners to open and improve the navigation of Great Pcdee river, from the North-Carolina line down to the mouth of Black creek, and shall be called and known by the name of the upper board of commissioners on Pedee ; and Male inha- thatallthe male inhabitants between the aees 0iblta"tst0 ,.. _ ...... • b ., work on sixteen a nd fifty years, living within six miles Pedeeri- of said river, shall be, and they are hereby made ver- liable to work on the same, under the direction of said commissioners, for the space of six days in a year, if required, and no more. Ande b it further enacted by the authority LOWer aforesaid, That William Wilson, John M'Rec, bo:.rd of Moses Murfec, Gavin Witherspocn, John Wi commissi o ners on therspoon, John Dozer, John Porter, Shadrack Pedea Simons, John Gregg, Thomas Benton, Abel Goodman and James Greer, be, and they are here by appointed commissioners toopen and improve the navigation of Great Pcdee river, from the mouth of 131aek creek down to Euhaney, arid shall Ix; called and known by the name of the lower board of commissioners on Pedee; andMnleinh*. that all the male inhabitants between the ages oi bitR,.ltst° sixteen and fifty years, living within six miles of M (2 9 ) Said r iver, shall be, and they are hereby made li able to work on the same, under the direction of said commissioners, except such persons within six miles as aforesaid, who may live nearer to Black creek, Jeffrie's creek and Lynch's creek, than to said river, which persons so excepted, shall be, and they are hereby made liable to work on said creeks respectively. Ande b it further enacted by the authority Commis- aforesaid, That Latamore Edmonds, William goners for M'Muldrow, Andrew Hunter, Henry Cannon, creek. John King, John Sanders and Albert Fort, are hereby appointed commissioners for improving the navigation of Black creek, from the mouth of the said creek as far up as the fork, and that all the male inhabitants living within four miles on each side of the said creek, between the ages of sixteen and fifty years, are hereby made lia ble to work on the said creek, not more than six days in any one year. tBe i further enacted by the authority afore- upper said, That Needham Lee, Daniel Dubose, John board of Castles, John Huggins, James Marshall, Charles OTCTson*1" Evans, George Evans, John Piget, Elias Du- Lynch't bose, Absalom Sauls, Andrew Dubose, Elisha creek. Mayce, James Rochel and Jesse Minton, Es quires, be, and they are hereby appointed com missioners to open and improve the navigation of Lynch's creek, from the. plantation of captain Charles Evans down to the Effingham-milis, and shall be called and known by the name of the I'pper board of commissioners on Lynch's creek ; and all the male inhabitants between the ages of sixteen and fifty years, living within five miles of said creek, from four miles above cap tain Charles Evans's down to the mills afore said, shall be, and they are hereby made liable to work on said creek, under the direction of said (3 9 ) commissioners, f or the space of six days in a year, if required, and no more. Ande b it further enacted by the authority aforesaid, That William Goddard, Austin Stone, Lower John Timmons, Lewis Howell, John Smith, Ro- bo^d?{. commissi bert E llison, John James, James Brow n, Jo.^iuh oners on Corkfield, Zachariah Caio and Zachariah Net- Ly^1'* ties, Esqrs. be, and they are hereby appointed commissioners to open and improve the nav igation of Lynch's creek, from the Eningham-mills to the mouth thereof, and shall be known by the name, of the lower board of commissioners on Lynch's creek ; and all the male inhabitants between six teen and fifty years of age, living within five miles of said creek, and not within six miles of Great Pedee, shall be, and they are hereby made liable to work on said creek, under the directi on of said commissioners, for the space of six days in a year, if required, and no more. Ande b it further enacted by the authority aforesaid, That Isham Moore, Joseph Lloyd, Waterea IsaacRoss. junior, Douglass Stark, Samuel Bov- boarJ.of. kin, John Chesnut, William Whitaker, Duncan oners. M'Ra, John Kershaw and Zachariah Cantey, Esquires, be, and they are hereby appointed com missioners to open and improve the navigation of the Wateree river, from the falls near Mr. Chesnut's ferry, down to the confluence of Wa teree and Congaree, and shall be called and know n by the name of the Wateree board of commissioners; and all the male inhabitants be tween sixteen and fifty years of age, living with in six miles of said river, except such that live nearer to the Congaree than to the Wateree ri ver, shall be, and they are hereby made liable to w7ork on said Wateree river, under the directi on of said commissioners for the space of six days in a year, if required, and no more. (4 9 ) eAnd b it further enacted by the authority Conparce aforesaid, That Richard Hampton, James Tay- bou.iof jor> iioi^jt Lithgow, Joseph Culpepper, Wil- oners. * Howe!!, junior, John James Haig, John Three u i ts, Joel Aduns, William Russell Thom son, Rjehard Brown, Alexander Blair and Jolm Jeans, Esquires, be, and they are hereby appoint ed commissioners to open and improve the na vigation of Congaree river, from the confluence of Broad and Saluda rivers to the confluence of Congaree and Wateree rivers, and shall be call ed and known by. the name of the Congaree board of commissioners ; and all the male inha bitants between the ages of sixteen and fifty years,' living within six miles of said river, and who do not live nearer to Wateree than Conga ree river, shall be, and they are hereby made liable to work on said Congaree river for the space of six days in a year, it required, and no more. Ande b it enacted by the authority aforesaid, Pendleton That Andrew Pickens, Robert Anderson, Bcn- ^"«y j.imin Cleaveland, Nicholas Darnell and Moses Liddle, Esqrs. be, and they are hereby appointed commissioners to open and improve the navi gation of the river Keowee, from Fort Prince George on said river, to the confluence of Tu- galoo and Keowee, and on Tugaloo from Chaw- gee creek to the confluence of said river and Keowee, and from thence down Savannah river, to the old boundary line, and shall be allied and known by the name of the Pendleton county Abbeville board of commissioners; and that Richard S CTAn A for laying out and keeping in repair a public road leading from JVew-Rher bridge down to Tun bridge on JVexv- River Neck, and from thence the nearest and best route to the mouth of Savannah Back river, including the road leading from Purysburgh, lately laid out and worked on, to continue so as to intersect the same. WHEREAS i t has been represented to the legislature, by the petition of sun dry inhabitants residing on and near New-Ri ver Neck, in the parish of St. Peter, that the making of a public road running from New- River bridge down to Tunbridge, on New- Ri ver Neck, and from thence the nearest and best route to the mouth of Savannah Back river, in- ( i oi ) eluding t he road leading from Purysburgh, late- ly laid out and worked on, to continue thereon, so as to intersect the same, will be both of pub lic and private utility, as likewise be the means of a more quick and ready communication be tween Uiis state and the state of Georgia : there fore, TT Bet i enacted „ r. by J ■ the . honorable the Senate r ■ and ■ Commis-„ Housej o Representatives, now met and sitting sioncrs in g eneral assembly, and by the authority of the heri-'>n *?- same, That the commissioners herein after nam- tofadsh' eel, shall be, and they are hereby authorized, em- fie road powered and directed, to make, compleat and oreMli iinish the road aforesaid, and also from time to time to keep the sume in good and sufficient repair. eAnd b it further enacted by the authority aforesaid, That William White, John Lewis Name.of Bourquin, jun. Peter Reymond, John Lewis commiss»- Buche, and Lewis Bourquin Keall, be, and they are hereby appointed commissioners for laying out and keeping in repair the road mentioned as aforesaid ; and the said eommissioners, or a ma- Male jority of them, shall have full power and autho-slavfsto rity to call upon all the inhabitants or proprie- tjje said' tors of lands, to send all their male slaves from r°atL the age of sixteen to fifty years of age, residing within ten miles of the said ror.d in the parish of St. Peter, to work upon and keep the said road in repair, not exceeding twelve days in the year; and if any person or persons shall refuse or neg lect to go, or to send their male slaves, when thereunto summoned by the commissioners a- foresaid, or by any person by them to be ap pointed, or any three of them for that purpose, every such person shall forfeit and pay for the use of the said road, two dollars tor himself, and one dollar per day for every male slave so neg- / ( 1 02 ) rlected o refused to be sent, to be recovered by immediate warrant of distress, under the hands and seals of my tliree of the said commissioners, against any of the goods and chattels of die de faulter, u inch, after ten days public notice, shall be sold for the purpose of paying the fine afore said, and charges accruing thereon, and the overplus, if any, returned to such defaulter. Profi led, That such persons who are so made liable- to w ork on the said road, shall be exempt ed and excused from working on any other pub- lie road. eAnd b it further enacted by the author iff/ Persons aforesaid, Tint if any person or persons shall s ued for any tiling be sued lor any thing dene in pursuance of this done un ac% it shall and may be lev inl for such person der this or persons to pk;.d the general issue, and give act, may plead the this act and the speei il matter in evidence, and general in ca;>e judgment shall be given for the ekilnd- issue. ant or defendants, or the plaintiff shall suffer a non- iuit, or discontinue his action, the said dc- / fendant or defendants skill recover treble costs of suit. eAnd b it further enacted by the authority Fifth and aforesaid, That the fifth and sixdi clauses of an ^•? ( 1 03 ) and t he same are hereby repealed and made null and void; any law, usage orcustum to the con trary notwithstanding. In t he Senate House, the nineteenth day of Fe bruary, in the year of our Lord one thou sand seven hundred and ninety-one, and in the fifeenth year of the Independence of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB R EAD, Speakerf o the House of Representatives. CTAn A for laying out certain roads and estab lishing certain ferries, and for other purposes therein mentioned. BE i t enacted by the honorable the Senate and House of Representatives, now net and sitting in general assembly, and by the au thority of the same, That a public ferry shall be Ferry - and hereby is established on Pcdee river, at ^t'w" William Evans's boat yard, and shall be vested Evans's in William Evans, his heirs and assigns, for the boatyard, term cf fourteen years, and that it shall be law ful for the said William Evans, his heirs, exe cutors, administrators and assigns, to take and receive the following rates of ferriage, and no other, viz. for every foot passenger, twopence; Rates of for each horse ferried or swam, two pence ; for ferriage, a man and horse, four pence ; lor a waggon and team, or other four wheeled carriage and horses, three shillings and six pence ; for a chair or cart •with one horse, one shilling and six pence; for each head of black cattle, hogs, sheep or goats, commis- two pence; and that a public road shall be laidsi°nersaP- out the nearest and best way from the said Wil- E^wTt »° liam Evans's boat yard, on Great Pedee, to road. ( 1 04 ) Swinney's B luff, on Little Pedee ; that Aaron Pearson, L ewis Connor and James Connor, be, and t hey are hereby appointed commissioners for l aying out the said road and keeping the nsame i repair; and tliat the county court of Marlborough s hall, from time to time, direct and a ppoint the persons who shall work diereon. Ande b it further enacted by the authority Commis- a foresaid, That Evander M'lver, Enoch Evans, toners f or scn> an(j Thomas Williamson, shall be, and they laying another o ut a re .hereby . appointed . , commissioners . '. lor«• ilaying • w»i out a road from the s:id William Evans's terry to the main road leading down Pedee river from Greenville to Georgetown ; and that the county court of Darlington shall direct and appoint the persons who shall work on the said road. And w hereas, by an act of the general assem bly, passed on the twenty-second day of March, in the year of our Lord one thousand seven hun dred and eighty-six, a ferry was established over Pedee river, at Joseph Pledger's plantation, and vested in the said Joseph Pledger; and it appear- ing that the said ferry is net now necessary : •*CDr°h Be it enacted by the authority aforesaid, That ing Piedg- the said act and every clause and part of the same er's ferry, be and hereby is repealed, repe e And be it enacted by the authority aforesaid, Ferryesta- T hat a public ferry shall be, and hereby is estab- anii'vetted ns^ec* on Wateree, at the plantation of Joshua in Joshua English, and shall be known by the name of English. English's ferry ; and that the said ferry shall be vested in the said Joshua English, his heirs and assigns, for the term of fourteen years ; and that it shall and may be lawful for the said Joshua English, his heirs and assigns, to take and re ceive the following rates of ferriage, and no Rates of other, that is to say ; for every waggon and team, ferriage. or other four wheeled carriage and horses, three ( 1 65 ) shillings a nd six pence; for a chair or cart, with one horse, one shilling and six pence ; for a man and horse, four pence ; for each foot passenger, or led horse, two pence; for each head of black catUe, hogs, sheep or goats, ferried or swam over, two pence. t Ande b it further enacted by the authority aforesaid, That a public road shall be hud out Two road* the nearest and best way from English's ferry [[s°"g^"rff" on the Waterce river, to the main road leading ry, &c. to from Camden to Statesborough ; and also from belaid off the said ferry to the main roiid leading from Rocky-Mount to Huger's ferry ; and that Dou glas Stark and Joshua English, be, and they are hereby appointed commissioners for laying cut the said road. eAnd b it further enacted by the authority aforesaid, That u public road shall belaid outRoaatobe the nearest and best way from Camden to Ciies- k«d out nut's ferry, near Knight's hill, and from the said d'° ™to ferry to the main road leading from Rocky- chesnut'i Mount to Huger's ferry ; and that Reuben Starke ferry" and Zachariah Cantey, be, and they are hereby appointed commissioners for laying out the said road ; and that the county court of Kershaw be and are hereby authorized and directed to ap point over seers for keeping the said road in re pair. eAnd b it further enacted by the authority aforesaid, That a public ferry shall be and here- Ferrresta- by is established on Saluda river, at the planta- s^on tion of John Wilson ; and that the said ferry and vested shall be vested in the said John Wilson, his heirs !^^™ and assigns, for the term of fourteen years; and that it shall and may be lawful for the said John Wilson, lus heirs, executors, administrators and assigns, to take and receive the following rates, Rates of and no other, that is to say, for a waggon and ferriage- ( 1 06 ) rteam, o other four wheeled carriage, with hor ses, three shillings and six pence; for a chair or cart, with one horse, one shilling and six pence ; for a man and horse, four pence ; for each foot passenger, or led horse, two pence; for each head of black cattle, hogs, sheep or goats, fer ried or swam over, two pence. eAnd b it enacted by the authority aforesaid, Ferry e sta That a public ferry shall be and hereby is estab blished on lished on Saluda river, at the plantation of John Saluda, and vested Maxwell; and that the said ferry shall be vested in John in the said John Maxwell, his heirs and assigns, MuiweU. fcr the term of fourteen years ; and that it shall and nay be lawful for the said John Maxwell, his heirs, executors, administrators or assigns, to take and receive the following rates of ferri fRates o age, and no other, that is to say, for a waggon ferriage. and team, or other four wheeled carriage, with horses, three shillings and six pence ; for a chair or cart, with one horse, one shilling and six pence ; for each nun and horse, four pence ; for each foot passenger, or led horse, twopence; for each head of black cattle, hogs, sheep or oRoad t goats, ferried or swam over, two pence : and Tumbling' that a public road shall be laid out from said Shoals and Cherokee ferry the nearest and best way to the Tumbling Ford, to be Shoals on Reedy river, and from the said ferry laid oat. through Abbeville county the nearest and best way to the Cherokee ford on Savannah river ; and that the respective county courts of Lau rens and Abbeville counties, be, and they are hereby authorized and directed to appoint com missioners for laying out said roads, and keeping the same in repair; and to direct what persons shall work on the same. Bridges Ande b it further enacted by the authority m ay be built over aforesaid, That it shall and may be lawful for tlie South Robert Cannon to build, and keep in repair, ( 1 07 ) good e nd sufficient bridges ever the south fort Fork, and ol'Edisto river, at the place v. here the main road *ts1cd in leading from Bui ton's ferry on Savannah river cannon, to Orangeburgh crosses said river; and that said bridge or bridges shall be vested in the said Ro bert Cannon, his heirs ai.d assigns, for the term of twenty-one years ; and that it shall and may be law i'ul for the s..id Robert Cannon, his heirs, executors, administrators and assigns, to take and receive the follow ir.g rates and tolls, and no other, that is to say, for a waggon ar.d team, orates and ether for.) wheeled carnage, with horses, cnt tolls to be shiili 'g and six pence; for a chair or cart withlcu""c Oi ic horse, one shilling ; for each man and horse, four pence ; for each foot passenger or led horse, two pence ; for each head of black cattle, hogs, shevp or goats passing over, one penny. Ande b it further enacted by the authority aforesaid, That it shall and may be law ful lor Bridge J vines Johnson to build, ai :d keep in repair, a',vclpine good and sufficient bridge over Ldisto ii\cr, at cdm a place called the Pine Log, where the public James road leading from Savannah river to Columbia b0IL crosses said iiver; and that said bridge shall be vested in the said James Johnson, his heirs and cs'iigns, for the term of twenty -one years, and that it shall and may be law ful for the said James Johnson, hi* heirs, executors, administrators and assigns, to take and receive the following rates and tolls, and no other, that is to say, for a wag- Rates and gon and team, or other four wheeled carriage, tolls to be with horses, three shillings and six pence ; for a reccnc chair or cart, with one horse and driver, one shilling and six pence; for a man and horse, six pence; for each foot passenger or led horse, tw o pence ; for each head ofblack cattle, hogs, sheep or goats passing over, one penny. Aride b it further enacted by tlie authority O ( 1 03 ) Roan*o t be aforesaid, T hat a public road shall be laid out laid ovit the nearest and best way from Widow Willi from Wil liamson's amson's ford on Saltcatcher river to Carter's ford to fo/d on Little Saltcatcher river, and fqpm thence Carter's ford, and passing near to Ferguson's mills on Edisto, the thence to nearest and best way to Charleston ; and that Charles Benjamin Walker, George Carter, Jesse Carter, ton. Solomon Hai"per and George Warren, be, and they are hereby appointed commissioners for laying out the said road and keeping the same in repair, and are hereby fully authorized to call out and employ, ajl the male inhabitants from sixteen to filly years of age, residing within six miles of said road, to work thereon for any num ber of days not exceeding twelve in one year. Ande b it further enacted by the authority Ferryn p aforesaid, That a public ferry shall be and here Lynch « by is established on Lynch's creek, at the plan creel:, tation of Kenneth M'Callum ; and that the said vested in Kenneth ferry sliall be vested in the said Kenneth M'Cal M'Callum lum, Jiis heirs and assigns, for the term of four teen years ; and that it shall and may be lawful for the said Kenneth M'Callum, his heirs, exe cutors, administrators and assigns, to take and receive the following rales, and no other, that is fRates o to say, for a waggon and team, or other four ferriage. wheeled carriage, with horses, two shillings and four pence ; for a chair or cart with one horse, one smiling and six pence ; for man and horse, four pence ; for each passenger on foot, or led horse, two pence ; for each head of black cattle, Logs, sheep or goats ferried or swam over, one half penny. eAnd h it further enacted hy the authority Road f rom aforesaid, That a public road shall be laid out States- the nearest and best way from Statesborough to borough to Dar Darlington court house, and from thence to lington. Greenville on Fedee ; and that another road be ( 1 09 ) laid o ut, the nearest and best Avay from Darling, ton court house to Cashaway ferry on Pedee, and that the respective county courts of Clare- mont and Darlington counties, be, and they are hereby authorized and directed to appoint com missioners for laying out the said roads, so iar as they shall run through their respective coun ties, and for keeping the same in repair, and to direct what persons shall be liable to work on said roads. Ande b it further' enacted by the authority aforesaid, That a public raid shall be laid out Road from Irom Orangeburgh to Granby in the district of J^™,^ Orangeburgh, in the nearest and best way, and Granby, that colonel Jacob Rumph, Lewis Golgan, John Harrisburger, Jacob Geiger, William Rea, A- lexander Blair and Christian Rumph, be, and they are hereby appointed commissioners for laying out said road and keeping the same in repair, and they, or any four of them, are hereby fully authorized to call out and employ all the male inhabitants from sixteen to fifty years of age, living within ten miles of said road, to work on the same for any number of days not ex ceeding twelve in any one year. And w hereas, It is necessary to provide for the superintendancc and management of the high roads in those counties where the county courts are suspended: Bet i further enacted by the authority afore said, That it shall and may be lawful to and for wiicrcti* the inhabitants of the said several counties, co<'nty where the county courts are suspended, to meet susper.d- at the several places appointed for holding the e<1> -niM. said courts in each of the said counties, on the choose" last Tuesday in March next, and choose from comm'ssi, among themselves any number of the commis- ™^of sioners of the high roads for the said counties fo n ) not e xceeding seven. And the said commissi Their oners so chosen, or a majority of* them, shall p owers have all the powers and authorities for keeping andautho- rities. the said road!* in repair, and be subject to ail such fines and penalties as the commissioners of the high ro ids throughout the state are vested with and liable to. ■ And the members cf the le gislature for die respective elective di"t"vt.s, in cluding the said counties, shall have po>v i ■•, s. d they are hereby authorized and requii cu to ap point proper persons to receive the votes and manage the said elections. Ande b it further enacted by the authnrty Comity aforesaid, That the justices of the county courts, j ustices and the commissioners of the hinh roads in the and com elective districts where county courts are not missioners of ro:uls in established, or a majority of them, shall have, elective and they are hereby vested with full powers and districts, to ascer authority to declare and ascertain vt hat inhabit tain wlo ants are liable to work on the said 'roads, or parts to work on roads. of a road, in their respective districts ; any law; or custom to the contrary notwithstanding. Provided nevertheless, That nothing he rein con tained shall authorize such commissioners to compel the inhabitants to work on any road more than ten miles from his place cf residence, nor for more than twelve days in ay, nr. Ande b it further enacted by the authority Terry r es aforesaid, That a public ferry shall be and is ted in Sa hereby established irom Hobcaw point on Wac- muel camaw neck to Georgetown, and to the opposite shore at or near Singleton's old field ; arid that the said ferry be vested for the term of fourteen years, in the heirs and assigns of Samuel Cltgg, Another deceased : And another ferry at or near Single i n John Alls ton. ton's old field; and that the same be vested for the said term in John Allston, his heirs and as signs : And that it shall and may be lawful for ( 1 11 ) the h eirs and assigns of the said Samuel Cleggto take the following rates of ieftkrge, and no other, that is to say, for a loaded waggon and team, fourteen sliiLings; for any other four wheeled carriage, nine shillings and ibui pence; forachair or cait and one horse, seven shillings ; for a man ar.d horse, four shillings ; for each foot passenger, one shiiiing; for each heud of black cattle, one shilling ; for each head of sheep, goats or hogs, six pence. eAnd b it enacted by the authority aforesaid, patestobe Tnat the :-;i:id John Aiiston, his heirs i nd assigns, trJrcn b-v sh-Jl take the following rates ol ferriage, and no gton. oilier,' that is to say, for a loaded waggon and team, nir.e shilling's and four pcr.ee; for any other four wheeled carriage, six shillings ; for a chair or cart and one horse, five shillings", for a man and horse, three shillings; for each foot passen ger, nine pence; for each head of black cattle, nine pence; for each head of sheep, goats or hogs, four pence. Ands b it enacted by the authority aforesaid, Roads to That a public road leading from Singleton's 0ldbelaidoff- field to the public road leading to Santee, be laid off and established, and kept in repair by the commissioners of the ro ds for Prince George's parish ; and another public road, leading from the old ferry raid to the said Hobcaw point, be laid off and established by the commissioners of who to the roads for All Saints parish ; and the said com- ™ovk missioners are hereby respectively authorized to call out and employ all the inhabitants and slaves that are liable to work on the other public roads of the said parish ; and the said commis sioners are hereby vested with the same powers, and subject to the same penalties, as they are with respect to the other public roads. ( 1 12 ) TTJicreas, T he present established ferry which leads from John's-ieland to Charleston, is found to be very circuitous and inconvenient to a ma jority of the citizens who have occasion to use the same : Bet i therefore enacted by the authority afore- bUsi^dm* sa'd> That from and immediately alter the pass- John's u\- ing of this act, a public ferry skill be and is , *nd- hereby established on a line between the planta tions of Mainwell and Thomas Simmons, on John's-Island, to cross Stono river at the causeway or old landing place, between the plan tations of Francis Guerin and William Sim mons, in St. Andrew's parLh. eAnd b it further enacted by the authority Coram!*- aforesaid, That the commissioners for the parish '"intedtT of St. John's, Colleton county, or a majority of contract them, be, and they are hereby nominated and with any appointed commissioners for contracting and person f or ll .,, tun keeping a greeing with any person or persons who shall •aid ferry, or may be willing to undertake, maintain and keep the said ferry, and provide a sufficient num ber of good boats and flats, necessary for the purpose of transporting of passengers, Uieir ser vants, carriages, horses and cattle, over the said river, as well by night as by day, and that the commissioners of the roads of the said parish of St. John's, Colleton county, be, and they are hereby appointed commissioners to lay off, make and keep in good repair a public road leading from the high road on John's-Island, to the said ferry ; and that the commissioners of the roads Road to be for St. Andrew's parish, be, and they are hereby laid off appointed commissioners to lay off, make and keep in good repair a public road leading from the aforementioned causeway or old landing place, to join the church path of Francis Guer in, in St. Andrew's parish. ( 1 13 ) eAnd b it further enacted by the authority aforesaid, That the person or persons w ho shall Rates to be or may contract, agree for, maintain and keep tll^,samfJ the saidkny, shall be entitled to demand, take terry, and receive ferriage at such rate or rates as that which by law is now demanded, received and taken at the old ferry, which at present supports the communication between John's-Island and the main land. Ande b it further enacted by the authority aforesaid, That the commissioners herein be- Powers, foie nominated and appointed, shall be, and here- nussion- by a re vested with all the powers and authori t i s . ties, and shall be subject to the same penalties as the commissioners of high roads in this state are by law vested with or liable to. eAnd b it further enacted by the authority aforesaid, That the several persons in w hom the Keepers of respective ferries herein before mentioned femes to i- r 1 • r i ■ i i • • hav e good during t he time for which their respective ferry ferries are established, shall keep and maintain boats> &c- a good a su Indent ferry boat, w ith one or more able bodied men to attend the said respective ferries, for transporting passengers, their ser vants, horses, carriages, cattle, sheep and hogs. And w hereas, several of the rivers and creeks over which ferries and toll bridges have been established in this state, are at certain seasons in the year fordable : Beit e nacted by the authority aforesaid, That No keeper no keeper of any ferry or toll bridge, or other ^obstruct person, shall on any pretence w hatsoever, stop any ford- up or obstruct any fording or crossing place, on mS Place- any river or creek within this state, with a view to compel any person or persons to cross over any ferry or toll bridge, under the penalty often slullings, to be recovered before the nearest jus- ( 1 14 ) , ticef o the peace, for every person or persons so prevented £om p issing over such fording or crossing pLce. In t he 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, fPresident o the Senate. JACOB R EAD, Speakerf o the House of Representatives. AnCT A for vesting a bridge, to be built by Wade Hampton, hsquire, at his own expense, across the Congaree river; aho, a bridge over the Savannah river, opposite to the town of Augusta, in the said Trade Hampton, his heirs ana assigns, for the term therein mentioned. Also, vesting a bridge to be built by John Compty, across Broad river, above the con- fiuev.ee of Broad and Saluda rivers. 7t X / KREAS, travellers are frequently de- VV layed in passing the Co..garee river, at the place called Fridig's ferry, occasioned by high winds, and the great strength of the cur rent. And whereas, Wade Hampton, Esquire, hath purchased the said ferry, at a considerable price, with a design to build a bridge across die said Congaree river, and hath, by his petition to the legislature, prayed for leave to construct and build a bridge at his own expense, across the said river, and that the said bridge might be vested in him and his assigns for a limited time : tlie i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by tlie autho ( 1 15 ) ffity o the same, That from and immediately af- w. Hamp- ter the passing of this act, it shall and may be M"1 '"fh°' lawful to and for the said Wade Hampton, his buM a° heirs and assigns, and he and they are hereby bridgeat fully empowered and authorized to build or con- ^'r'Js s struct a bridge across the said Congaree river, at tlie said place called Fridig's ferry. Provided, That the said bridge be built of good substantial materials, and be not less than twenty feet wide, and be raiicd in on each side with good and sub stantial rails, or otherwise raised and secured so as to prevent any mischief being done in passing the said bridge. eAnd b it further enacted by the authority aforesaid, That for and in consideration of the The said great charges that the said Wade Hampton, his bridge heirs or assigns, will sustain in erecting and \vade m making the said bridge, and repairing and sup- Hampton, porting the same, the said bridge, when built, shall be and is hereby vested in the said Wade Hampton, his heirs and assigns, for the term of one hundred years, from the time of passing this act, with the same exclusive rights as those now granted by law to the said Fridig's ferry ; and it shall and may be lawful to and for the said Rates the Wade Hampton, his heirs or assigns, during sam(i"f -the unexpired term of the ferry establishment, to ask, demand, receive, recover and take to and for his and their own proper use and behoof, in respect of his and their charges aforesaid, for portage, or in the name of a toll or duty, before any passage over the said bridge shall be permit ted, (except as herein after is provided,) at the same rate or rates, as the ferriage now demand ed and taken at Fridig's ferry. Ande b it further enacted by the autlwrity Toll may aforesaid, T hat after the expiration of the pre- ^^"j"1 sent f erry term, it shall then, and at the expira- gisiatme p ( 1 16 ) tionf o every twenty-one years afterwards, be lawful to and lor die legislature of this state to reconsider and again fix the rates of portage or toll to be taken at the said bridge for the term dien unexpired. Provided, That the portage or toll so to be paid and taken, be equal to the average rates allowed and received at the three nearest femes or bridges over the said river. And w hereas, it may happen that the said bridge may, in time to come, receive much damage by storms, freshes, or other unforeseen accidents, that the passage thereof may, for some time, be come dangerous or impracticable : tlie i enacted by the authority aforesaid, That Ferry in all such cases, it shall and may be lawful for boats may ^g proprietor or proprietors of the said bridge, certain ca- for the time being, from time to time, as often ses. as occasion shall require, to provide a proper and c onvenient fern' boat or boats to cross the said river, at such place as he or they shall judge to be most proper and convenient, and as near to the said bridge as conveniently may be, and there to take for passage over the said river, by such ferry or ferries, such rates and duties as are granted by this act for the toll or portage afore said. Provided, That such ferry or ferries shall not continue for any longer time than shall be necessary to repairing or rebuilding the said bridge ; or longer than the passge over the same shall or may be dangerous or impracticable as aforesaid. And provided also, That in case the proprietor or proprietors of the said bridge shall at any time hereafter neglect or refuse to rebuild or repair the said bridge for the space of two years, he or they shall from thence forth forfeit his or their right, title, property and interest, of, in or to the said bridge, and the tolls and duties hereby granted to him or them for portage or ( 1 17 ) passage o ver the same, shall cease and deter mine ; any thing herein contained to the contra ry notwithstanding. eAnd b it further enacted by the authority aforesaid, That the commissioners for the roads Roads to of the district or districts adjoining the said hrui. AnCT A to afford relief to John Lewis Gcrvais and other purchasers of public property. WHEREAS t he honorable John Lewis Gervais, Esquire, by his memorial and petition, hath stated to the legislature sundry circumstances of peculiar hardship attending his purchase of public property, and in parti cular, that to make payment for the same, over and above paying five thousand four hundred pounds in indents of his own, he borrowed ele- ( 1 22 ) Ven t housand six hundred pounds, which he de posited with the attorney-general, and that to procure the same he entered into a special con tract to return such indents as he borrowed ; therefore prayed that the legislature would di rect the attorney-general to return to him the indents which he borrowed, and afford him such other relief as to them should scorn just: And whereas, from a full investigation of the subject, k is judged expedient to give relief to the said petitioner: tBe i enacted by the honorable the Senate and House of Representatives, noiv met and sitting in general assembly, and by the authority of the Indents to same, That the attorne3'-gencral be, and he is ^T'Tl nereby directed and required to return to the Gervais. said John Lewis Gervais, the indents which he borrowed, amounting to eleven thousand six hundred pounds, and that such of the indents as were his own property, be paid into the trea sury in part of his purchase, and that the ba- pavaWein lan^e wn*ch shall be then due be discharged, indents at cither in general indents, according to the terms five far Qr njs orjginai contract, or at the rate of one pound in specie or paper medium for five pounds Payments in indents ; the said payment to be made in insulted. eqUai instalments of one, two and three years, from and after the passing of this act. And w hereas, several persons have made pur chases in similar cases, to whom relief should also be extended : therefore, tBe i further enacted by the authority afore- All pur- said, That all persons, or their lawful represen- chasers of tatives, who have purchased public property, or pertyCmay who have become securities for the purcliasers of pay at the public property , payable in indents, and for fOTone. %C which payment has not been fully made, shall be, and they are hereby allowed to pay all such ( 1 23 ) ■ sumsf o money as remain due for the same, ei ther in general indents according to the terms of his, her or their original contracts, or at the rate of one pound in specie or paper medium fcr five pounds in indents, the said payments to be made in equal instalments of one, two and three years from and after the passing of this act. Provided such person or pe: sons shall make oath and give other satisfactory testimony that he or tfiey were not possessed of indents, (either by themselves or others, on the fourth of February instant, which they have acquired by purchase,) at a rate not exceeding the rate of commutation allowed by this act ; and in case any such person shall have been possessed of any indent purchased as afore said, on the said day, then he or she shall pay the same, or others equal thereto in value, in the treasury as far as they will extend towards the discharge of their debts, and the balance, if any, in the manner prescribed by this act. In t he 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, fPresident o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A to vest in Sarah Bolton the personal estate of her late husband. Doctor Richard Bolton. WHEREAS S arah Bolton hath repre sented that she was possessed, when sole, of a personal estate of eleven negro skives, Q ( 1 24 ) whereof h er late husband, doctor Richard Bolton possessed himself on his marriage with her, ;uid that he hath departed this life intestate and without issue or other known relation, leaving a small personal estate consisting of only four of the said slaves and some credits. And whereas, administration hath been granted to a person who hath no interest in the said estate, who can not legally deliver to her more than one half the said estate ; and she hath petitioned that an act be passed, vesting the said estate in her: tBe i therefore enacted by the honorable the Senate and House of Representatives* now met and sitting in general assembly, ami by the au thority of the same, That so much of the \. CTAn A to authorize the treasurers of this state to pay John Smith, J squire, indents to the amount, of those rccr'n\dfrom the purchasers of the estate of Basil Cowper, which hath been sold hy virtue of the confiscation act. WHEREAS i t has been represented to the legislature of this state by the peti tion of John Smith, Esquire, that he h sued and liable to pay a very considerable sum of money as the security of Basil Cowper, whose estate has been confiscated and sold, and the purchase money paid into the treasury for the use of the state, which representation hath been proven to the satisfaction of the legislature. And whereas it is but just and reasonable that the property of the said Basil Cowper should be applied to the payment of his just debts and the indemnification of said John Smith : Bet i 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 it shall and may be lawful to and for the said John Smith, at any time after the passing of this act, to demand and receive from the commissioners of the treasury ( 1 26 ) of t his state, one or more of the indents assign able l)y congress, which lm e been paid into the treasury and not cancelled, to the amount of principal and interest of the sum the said Basil Cowper's confiscated estate sold for. Provided the same shall not exceed the demand of the said John Smith ; and subject nevertheless to a deduction of all or any account or accounts which may have been preferred against the estate of the said Basil Cowper, and of all reasonable charges and expenses which the state hath paid or stands charged with, for or en account of the sale or disposal of the said estate. In t he Senate House, the nineteenth day of February, in the year of our Lord one thou sand seven hundred and ninety-one, and in thefifteenth year of the Independence of the United States of America. DAVID RAMSAY, fPresident o the Senate. JACOB R EAD, Speakerf o the House of Representatives. AnCT A to enable the South-Carolina Society to hold real estates of the annual value of two thousand pounds, and to bind to trades and professions children educated at the expense of the society. WHEREAS t he stewards and wardens of the South-Carolina Society, by their memorial and petition to the legislature, have prayed that they may have power to hold a ca pital and stock in perpetuity, to the amount of two thousand pounds sterling per annum. And also, that the officers of the said society be vest ed with full power to bind as apprentices, to ( 1 27 ) * trades, o ccupations or professions, such children as now are or may be supported by the charily of the said society. And whereas, it is expedi ent to grant the prayer of the said petition : tBe i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the autho rity of the same, That the said South-Carolina Society be, and they are hereby made capable in law to purchase, receive, have, hold, enjoy, possess and retain, in perpetuity or for any term of years, any estate or estates, real or personal, messuages, lands, tenements or hereditaments, of what nature or kind soever, not exceeding in the whole two thousand pounds sterling per an num, above reprises. Ande b it further enacted by the authority aforesaid, That the steward and wardens of the said society be, and they are hereby authorized to bind any child or children who shall be edu cated at the expense of the said society, appren tice to any trade, mystery or profession, until the male child shall arrive to the age of twenty- one years, and the female child shall arrive to the age of eighteen years, or be married, or for a shorter time if they shall see fit ; any law, usage or custom to the contrary thereof in any wise notwithstanding. In t he 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 Sta tes of America. DAVID RAMSAY, Presidentf o the Senate. JACOB R EAD, Speaker of the House of Representatives. ( ) jif V " f ~ ■ ! toll bridge across Fdisto river, in the i.f o !- >■■-. i^v.from sotiu plate ak or ,•■ ar /,'« Old Mill i. ., ii!ua:ed -tithtti the limits the town -fO. j>-gelvg?i, {.. wi. side of the said river, to the molt convenient sj.oi on t'.i south side of the said rher, and for making a i ause- * AnCT A to permit John Ho/man to come with his Negro slaves into and to remain with them in this state. WHEREAS J ohn Holman, by his petition to the legislature, set forth circum stances of peculiar hardsliip attending the ope ration of the sixteenth section of an act, entitled, " An act to regulate the recovery and payment of debts, and for prohibiting the importation of negroes for the time therein mentioned. " And whereas, on an investigation into the merits of the said petition, the truth of such circumstan ces was evinced to the satisfaction of the legis lature : Bet i enacted by the honorable the Senate and House of Representatives, now met and sitting ( 1 36 ) in g eneral assembly, and by the authority of the same, That the said John Hoiman he permitted to come with liis negro slaves and settle in this state, without incurring the penalties of the said act. In the Senate House, the nineteenth day of February, in the year of our Lord ore thou sand seven hundred and ninety-one, and in the fifteenth year of the Independence oftin United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A fj incorporate the Roman Catholic Church of Charleston. HEREAS sundry persons professing w the Roman Cthoiic religion have pre sented a petition to the icgiiiatnc. stating that for the purpose of worshipping Gud accoidh.g to the rites and ceremonies of their chureii, they have by subscription and otherwise raised a suf-i ficient fund for building a church and providing for the maintenance of a pastor, and the payment of other proper officers of the same ; and that their good intentions would be more effectually carried into execution by an act of incorporation, and therefore praying that such an act might be passed: And whereas religion ought to be pro moted : Bet i therefore enacted by the honorable the Shalt be a Senate and House of Representatives, now met porateby an^ s^tlJ1K m general assembly, and by the au- thename thority of the same, That the said Roman Car oahe Ro- tholic Church of Charleston, and the several pei - thoiic sons who now are or shall be members thereof Church, respectively, and their successors, officers and ( 1 37 ) Members, e ach of them, shall be, and theyi arc hereby declared to be one body corporate' > in deed and in name, by the name oi and style of the Roman Catholic Church of Charleston ; and by the said name shail have perpetual succession of omcers and members, and.a common seal, with power to change, alter, break and make new the same, as often as the said corporation shall judge expedient. And the said corporation and its Said cor- successors shall be able and capable in law tcP^trlonto purcha.se, have, held, receive, enjoy, possess charitable and retain, to itself and to its successors in per- donation*, petuity or for any term of years, any estate or estates, lands, tenements or hereditaments, of what kind or nature soever, not exceeding the sum of five thousand pounds value ; and to sell, alien, exchange, demise or lease the same, or any part thereof, as they shall think proper, and may by the said name sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity in this state ; and to make such rules and bye-laws (not repug nant to the laws of the land) for the benefit of the said coq^oration, end lor the order, rule, good government and management of said cor poration, and for the election of ministers, and their maintenance out of any funds belonging to the said corporation, for electing and reparati, on of churches out of any such funds, and to as certain die rents which shall be paid by pew- hoiders, in such manner as shall be from time to time agreed upon by a majority of the mem bers of the said corporation. eAnd b it further enacted by the authority Capable aforesaid, That it shall and may be lawful forofhoIdi"ff the said corporation hereby erected, to take and amnuntof to hold to it and to its successors for ever, any 5uooi. charitable donations or devises of lands and per- 4 ( 1 58 ) 5ona^estafes, a nd to appropriate the same for the benefit of the said corporation, in such manner as may be determined on by a majority of die members diereof. eAnd b it further enacted by the authority Authoriz- aforesaid, That die said corporation shall be Aetpro-ld *s ncre°y declared able and capable in law, opertyit t have, hold and receive, enjoy, possess andrc- nowpos- iz^^ ^ snch other estates, real and personal, money, goods, chattels and effects, not exceed ing the sum of five thousand pounds value in the whole, which it now possesses or is entitled to, or which have been already given, devised or bequeathed to it, by whatever name such devise of bequest may have been made. Ande b it further enacted by the authority This act to aforesaid, That this actshall be deemed and taken be deemed as a public act, and notice shall be taken thereof ^U ° in ah courts of justice and elsewhere in this state, and shall be given in evidence on the trial of any issue or cause, without special pleading. In t he Senate House, the nineteenth day oj 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 R EAD, Speaker of the House of Representatives. AnCT A for incorporating the Jewish Congre gation at Charleston, called Beth Eloihim, or Houne of God. WHEREAS, b y the first section of the eighth article of the constitution of this state, it is declared, that " The free exercise and enjoyment of religious profession and worship, ( 1 39 ) Without d iscrimination or preference, shall for ever hereafter be allowed within this state to all mankind: Provided, That the liberty of consci ence thereby ordained, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the state." And whereas, the Jewish con gregation at Charleston, called Beth Eloihim, or House of God, hath petitioned the legislature to be legally incorporated, with privileges and powers similar to those heretofore granted to re ligious societies of other sects and denomina tions : tBe i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au thority of the same, That the said congregation Jewish or society above-mentioned, and the several per- con^reg-a- sons who now arc or shall hereafter be members porLted** thereof respectively, and their succc s ,ors, mem bers and officers thereof, shall be and hereby are declared to be a body corporate, in ek e d and in name, by the name and style of the Charleston Jewish Congregation of Beth Eloihim, or House of God ; and by the said name shall have per petual succession of officers and members, end a common seal, with power to change, alter and make new the same as often as the said coi pora- tion shall judge expedient. Bet i also enacted by the authority aforesaid, That the said corporation shall be able and caps- May hold ble in law, to purchase, have, hold, receive, en- P™Ptrt>'» 1 , . . n otexcee- joy, p ossess and retain to itseiim perpetuity or ding 50001. for any term of years, any lands, tenements or hereditaments of what kind or nature soever, not exceeding the value of five thousand pounds, and to sell, alien, exchange or demise or lease the same, or any part thereof, as the said corpo- S ( 1 40 ) JH»^aae r ation shall think proper ; and by its said nam* and be su- to sue and be sued, implead and be impleaded, JndMbye. answer and be answered unto, in any court of irw»>&c. law or equity in this state; and to make such rules and bye laws (not repugnant and contrary to the laws of the land) as for the order, rule, good government and management thereof, and for the election of ministers and their mainte nance out of any funds belonging to the said congregation, for the erecting and reparation and other expenses and charges of their syna gogue, maintenance of their poor and indigent members, and support and education of the or phan children of the said congregation, out of such funds, in such manner as shall be from time to time agreed upon by the adjunta of said con gregation or meeting of the elders thereof, cho sen by the said corporation. Ande b it further enacted by the authority jtfavre- aforesaid, That it shall and may be lawful for ecive do- said corporation to take and to hold for ever, any totions, charitable donations or devises and bequests of lands, not exceeding the value of five thousand pounds, and personal estates, and to appropriate the same for the benefit of said corporation, in such manner as may be determined by the said aito'choose adjunta or elders of the congregation ; and to their mSif aPPomt choose, and to displace, remove and «teri,&c. " supply such ministers, officers, servants and other persons to be employed in the affairs of such corporation ; and to appoint such salaries, perquisites and rewards for their labour or ser- vices, out of the funds thereof, as the said cor poration shall from time to time approve of think fit. eAnd b it further enacted by the autliority to how aforesaid, That the said corporation shall be ca- rtopttty. pable in law, to have, hold and receive, enjoy, ( 1 41 ) possess a nd retain all such estates, real or personr al, money, goods, chattels and dfects which they now possess, or are entitled unto, or which have been already given, devised or bequeathed there to, by whatever name such gift, devise or be- quest may have been made. Ande b it enacted by the authority aforesaid, That this act shall be deemed and taken as a This act t» public act, and notice thereof shall be taken in beclffP** all the courts of justice and elsewhere in this act. state, and shall be given in evidence on the trial of any issue or cause, without special pleading. In t he 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 oftht United States of America. PAVID R AMSAY, Presidentf o the Senate. JACOB READ, fSpeaker o the House of Representatives. AnCT A to incorporate the several churches known by the names of the Presbyterian Church of Hopewell on Jeffries creek, the Presbyterian Church of Aimwell on Pedee, the Presbyterian Church of Lebanon on Jack son's creek, and the Baptist Church ( Ebene- zer ) on Jeffries creek. WHEREAS s undry persons, inhabitants of the upper part of Prince Frederick's parish, on Jeffries creek, have petitioned the le gislature to be admitted a body corporate and politic, in name and in deed, by the name of the Presbyterian Church of Hopewell on Jeffries creek. And whereas sundry other persons, also inhabitants of the upper part of the aforesaid pa» ( 1 42 ) rish, h ave petitioned the legislature to be incor-. porated by the name and denomination of the Presbyterian Church of Aimwell on Pcdee, And whereas several odier persons, inhabitants of Jeffries creek, in St. David's parish, have presented their petition also to be incorporated, by the name and denomination of the Baptist Church Ebenezer, Jeffries creek. And where as sundry other persons, inhabitants of this state, living on Jackson's creek, have also presented their petition, praying to be iocorporated by die name of the Lebanon Society :' Bet i therefore enacted by the honor alle the Senate a nd House of Representatives, now met and s itting in general assembly, and by the an-. Church o n t/iority of the same, That all those who have Jeffries s ubscribed die petition for inconioratine the crct-'itin-corporat- P resbyterian church * of Hopewell on Jeffries i . mil ■ •d- creek, who now are, and all those who shall be hereafter d uly admitted or become members of that society, according to the rules, orders and constitution of the said society, to be formed, shall be, and they arc hereby declared to be one established body, corporate and politic, in deed and in name, by the name and style of the Pres byterian Church of Hopewell on Jeffries creek. And be it further enacted by the authority Church of aforesaid, That John Ervin, Gavin Wither- Aimweii spoon, John Witherspoon and Eliphalet Hewit, rated0" an(-l a" those who have subscribed the petition for incorporating the Presbyterian church of Aimwell on Pedee, who now are, and all those who shall be hereafter duly admitted or become members of that society, according to the rules, orders and constitution of the said society, to be formed, shall be, and they are hereby also de clared to be one established body corporate and politic, in deed and in name, by the name and ( 1 43 ) fptyle o the Presbyterian Church of Aimwell on Jeffries creek. eAnd b it further enacted by the authority aforesaid, That Benjamin Moseiey, Archibald Baptist M'Bade, Robert Ellison and Joseph Chandler, J^f" and all those who have subscribed the pet itior. incorpo- for incorporating of the Baptist Church Ebene-ratei zer, Jeffries creek, who now are, and all those who shall be hereafter duly admitted or become members of that society, according to the rules, orders and constitution of the said society, tp be formed, shall be, and they are hereby de clared to be one established body corporate and politic, in deed and in name, by the name and style of the Baptist Church Ebcnczcr, Jeffries creek. Ande b it further enacted by the authority aforesaid, That David Hamilton, Richard Glad- Lebanon ney, James Dodds, and all those w ho have sub- Society in scribed the petition for incorporating the Lcba- ^P°r non Society, who now are, and ail those who shall be hereafter duly admitted or become members of that society, according to the rules, orders and constitution of the said society, to be formed, shall be, and they arc hereby declared to be one established body corporate and politic, in deed and in name, by the name and style of the Lebanon Society. Ande b it further enacted by the authority aforesaid, That the said corporations, by their Eaclicor- several and respective names, shall have perpe- porati™ tual succession of officers and members, to be ap- se'^ p"^ pointed of the said several and respective corpo- perty.not rations ; and the said several and respective cor- 5y[^idine porations, and their successors, by their several and respective corporate names, shall be able and capable in law, to have a common seal, and hold, occupy and possess any real estate not ex- ( 1 44 ) eeeding i n value five thousand pounds ; and any monies, goods or chattels, which they several ly and respectively do now, or hereafter may have or hold, or may be granted or conveyed to them respectively and severally, and to sell, aiien, demise, exchange or lease the same, as each of the said corporate bodies shall severally and respectively think convenient. eAnd b it further enacted by the authority May aforesaid, That it shall and may be lawful for thrown e sa^ several corporate bodies, or a majority cfcrCT- of them, to choose proper clergymen and minis- meo, Stc. ters for the syjd churches, and all other necessa ry officers; and to appoint such salaries or other rewards for their labour and service therein, as they shall from time to time think fit. eAnd h it further enacted by the authority MaTsueor aforesaid, That it shall and may be lawful for the be «u«d. scvoraj respective corporations, by their several and respective names aforesaid, to sue and be sued, implead and be impleaded, answer and be answered unto, in any court of judicature of this state, in all actions or suits, of what nature or kind soever, which to them shall in any wise • belong or appertain in or about the premises. Arid be it further enacted by the authority This act a aforesaid, That this act shall be given in evi- pubiicacu dence on the trial of any issue or cause, in any court of law or equity, without special pleading. 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, fPresident o the Senate. JACOB READ, Speaker of the House of Representative*, ( 1 45 ) AnCT A to Incorporate Camden* WHEREAS t he inhabitants of Camden, by their petition to the general assem bly, have represented that great convenience and advantage would arise to them by incorporating the said town, as thereby they would be enabled to institute and carry fully into efi'ect many sa lutary and beneficial regulations for the preser vation of good order, and for the support of ma ny charitable and useful institutions within the same : Bet i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the autho rity of the same, That from and immediate iy Toim of after the passing of this act, all persons, citizens Carnd£n of the United States, and residing one year with- rated. in the said town, or having a freehold for that term within the same, shall be deemed, and they are hereby declared to be a body politic and cor porate, and Camden hereafter be deemed a town corporate, and is hereby declared to be, and shall be called and known by the name of the Town of Camden. Ande b it further enacted by the authority aforesaid, That on the first Monday in April Election of next, and on the first Monday in April in ever} infant year hereafter, an election by ballot for an in- Wird«n». tendant and four wardens, shall be held at some convenient and public place in Camden; and .that all free white inhabitants of the said town, who shall have paid a tax the preceding year of one dollar, towards the support of the govern^ ment of this state, shall be entitled to bailot for the said intendant and wardens; and when the poll shall be closed, the managers of the election shall proclaim the said election, and give notice in writing to the persons elected, of their ap- (6 U ) Manners p ointment; and Zachariah Cantey and William to be «p- Ling, shall be, and they are hereby appointed mtendant managers of the ensuing election, and the in- tendant for the time being, shall appoint pro per persons as managers of the elections to be held afterwards; and when the said intendant and wardens skill be elected as aforesaid, and before entering upon his or their office, he or they shall respectively take the oaths prescribed by the constitution of this state, and the follow^ Oath to being oath, " As intendant (or warden) of the taken. Town of Camden, I will equally and impartially, to the best of my skill and ability, exercise the trust reposed in me, and M ill use my best en deavors to carry into effect the purposes ' for which I have been appointed. So help me God." Ande h it further enacted by the authority vacancies aforesaid, That in case of the death of the in- piiedSUP" Pendant, his resignation, removal from office, or absence from die state, the wardens shall there upon appoint a time for choosing another, and give ten days public notice of the same ; and in case of vacancy in any of the wards, by death or otherwise, the intendant shall issue a summons to the ward for filling up such vacancy, giving Penalty for five days notice of the same ; and in case the in- maipracti- tendant or any of the wardens, whilst in office, shall be guilty of any wilful neglect, mal-prac- tices or abuses, on information being filed of the same in the court of general sessions, and con viction thereof, he shall forfeit and pay a sum not exceeding fifty pounds sterling, for every such wilful neglect, mal-praetice or abuse; the money to be recovered by the solicitor- general for the northern circuit, and lodged with the clerk of the county of Kershaw, for the use and benefit of the said town ; and in case of the sick ( 1 47 ) ftess, t emporary absence, or other occasion of non-attendance of the intendant, the tow n coun cil shall be empowered to elect one of the war dens to act in his room on any such occasion. And be it farther enacted Ly the authority aforesaid, T hat the said intundant shall and may, imendant as * o iten n. as occasion • may require, • summon ,ithe ma}mon sum- war. wardens to meet together, any two of whom, dens to with the intendai.t, may constitute a q-orum loj^of"* do business; andthty, v. ith the intemiant, shall whom, be known Ly the name of, and aie heieby de- ^j'!,'ld^u clsrcd to be the Town Council of Camden; and to be a they, and their successors here: f.cr to be ejected, q"oniIn- may have a common seai; und may purchase, Mayhsve have, hold, p.ossess, receive, enjoy ai.d retain, tc gec,""a™d,n them and their successors, in perpetuity or i'oi possess anv term of years, any estate or estates, real or ProPerty personal, of what nature or kind soever, not ex- ding ten ceeding in value ten thousand pounds sterlii ,;/ ; thousand and may sell, alien, exchange or lease the same, vX".*"1 or any part thereof, as they may think proper ; and by the same name may sue or be sued, an- May sue swer or be answered unto, implead or be im- "^i?™" pleaded, in any court of law or equity within m»ymake this state ; and they shall also have fuli power to bye-laws, make and establish all such rules, bye lavs and ordinances, respecting the streets, markets, buildings, carriages, waggons, caits, drays, and police of the said town, th^t shall appear to them requisite and necessary, for the security, welfare and convenience of the said town ; or for pi e- serving health, peace, order and good govern ment, within the same; and the said town coun- May affix cil of Camden may affix fines for offences against fiues- their bye-laws, not exceeding twenty pounds for any one offence; which fines, when they ex- Howreco- ceed five pounds sterling, may berecoveied iiiver?d™d the county court of Kershaw, and when they '" T ( 1 48 ) arc u nder the sum of five pounds, before the said intendant and wardens, or any two of them: ail ■which fines, when recovered, shall be applied to dounril the use of the said town : and the said tov.-n m ayusscsa • tax. council may assess a tax on the inhabitants of die said town, not exceeding one third, part of the amount of the general tax, n hich is p .id by such inhabitants for property being within me limits of said town. Provided, That noil.i .g herein contained shall authoiize the said to>n council to mike any bye-laws inconsistent with or repugnant to the iawa of the land. And Pro vided also, That all the bye-laws and ordinances they in .y make, shall at all times be subject to the revisal or repeal of. the legislature. And - be it further enacted by the authority Powers aforesaid, That the said widens shall each of a ndautho- them have full power and authority, end they tity of the burdens. are hereby required to keep peace and good or der in their respective wrrds; to issue warrants, and cause' all offenders against law to be brought before them, and on examination, either to re lease, admit to bail, if the offence aforesaid be bailable, or commit to the custody of the she- riff of Camden district, or of Kershaw county, as the case may require, who is hereby required and commanded to receive and keep the person so committed in safe custody until discharged tV a niens by due course of law. And the said wardens, to meet or any two of them, shall, in rotation, meet twice twice a month to every mo\th, or oftener if occasion requires, at hearcau- some convenient and public place in Camden, •e». to hear and determine all small and mean cau ses, agreeably to the directions of the act of the general assembly, and all other matters of com plaint arising within the said town ; and the in tendant and each and every of the said wardens for die time being, shall be vested with ail die ( 1 49 ) powers a nd authorities that justices of the peace aie vested with by the laws of this state, and sh-ul and may exercise the same in <. very part of tlie said town, for the preservation of the peace and good orcier thereof. Ande b it further enacted by the authority aforesaid, That in case of tumult or riot, or ap- in esse of pearance or probability of tumult or riot, in tlie jjot< irten« said town, the intendant shall immediately sum- summon mon together the town council, and order tht tlle town constables of the town to attend the town coun- cow* cil, and such measures shall thereupon be taken as shall appear most adviseable for prevent ir.g or suppressing such riot or tumult; and if any town constable shall neglect or refuse to clx y the o! dcr for attendance irom the intendant, he 6"..;-.L ibritit a sum not exceeding five pounds sterling for every such offence; and any other iiihabu. .Lit refusing to obey the ordeis of the in tendant, for the purposes of suppressing any ri- pt or tumult, he shall forfeit a sum not exceeding two pounds sterling for even' such refusal. eAnd b it further enacted by the authority aforesaid, That the said town counci! shall have Town full power and authority from time to time, to counci1 commit to ciose prison m the gaol ol Kershav. mitdeiin, county, all such person and persons who slrj;<)mntst0 incur any penalties and forfeitures intended to ' be inflicted by any of the bye-laws of the said corporation, passed conformable to the powers vested in them by this act. eAnd b it further enacted by the authority aforesaid, That the said corporation shall be, arc! Empower. they are hereby fully authorized and empower- j^tcrlcs* ed, from time to time, to erect and proceed to the drawing, and finally to conclude any lottery or lotteries that they may think necessary to esta* Wish far the use and benefit of the said town, ( 1 50.) Ande h it further enacted by the authority Thisac-ta aforesaid, That this act shall be deemed a pub* public act ]jc act. ancj if any person or persons shall be sued for any thing done by virtue of this act, he may piead the general issue, and give this act and the sj.eci.il mutter in evidence. In t he Senate House, the nineteenth day of February, in the year of oar Lord one thou sand seven hundred and ninety-one, and in th J fifteenth year of the Independence of the United States of America. ' DAVID RAMSAY, fPresident o the Senate. JACOB READ, Speake r of the House of Representatives. CTAn A to exempt John Fisher and Malcolm Mr own from the pains and penalties of the acts of confiscation arid banishment, arid to restore to them such parts of their estates as remain un disposed of by the commissioners of forfeited WHEREAS J ohn Fisher, late of Orange- burgh, and Malcolm Brown, by their humole petitions to the legislature of this state, did, among other things, severally pray to be exempted from the pains and penalties of the acts of confiscation and banishment, and that such pails of their estates as now remain undis posed of by the commissioners of forfeited estates, should be restored to them : Bet i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au thority of the same, That the said John Fisher and Malcolm Brown, shall be, and they are here by exonerated and discharged from all the pains and penalties to which they were severally lia ( 1 51 ) ble u nder the said acts of confiscation and ba nishment ; and that the said acts, so iar as they respect the said John Fisher and Malcolm Brown, be and are hereby repealed, except as hereinafter excepted. Ande b it further enacted by the authority aforesaid, That all the estates, both real and per sonal, which belonged to the said John Fisher and Malcolm B. own, previous to the passing of the said acts of confiscation and banishment, lie, and tlie same are hereby restored to the said John Fisher and Malcolm Brown respectively, in as full and ample a manner as if the said acts oi confiscation and banishment had never been passed. Provided a/ways, That this act of re storation shall not extend, or be construed to ex tend to revest in the said John Fisher and Mal colm Brown, any property actually sold by the commissioners of confiscation, or to any ne groes given as a bounty to the military. In t he 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 \Jnited States of America. DAViD RAMSAY, fPresident o the Senate. JACOB READ, Speaker of the House of Representatives. CTAn A for relieving and exempting the reve* rend Edward Jenkins from banishment. WHEREAS t he reverend Edward Jen kins hath presented his petition to the legislature, setting forth that upon the dissolu tion of the connexion between Great-Britain and the colonies, now the United States of America, he being restrained by conscientious scruples ( 1 52 ) from t aking the oaths of allegiance ar.d r.bjum, tion, which, by an act of the legislature, were required of the inhabitants of this state a;- a a st of fidelity to the United States, wi'lubew iiom this state, and thereby incurred banishment, and praying to be relieved and exempted ? herel'i ran : tBe i therefore enacted by the honorable the Senate and House of Representatives, vow met and sitting in general assembly, and by the atu thority of the same, That the said Ed ward Jen kins shall be and is hereby relieved and exempted from banishment, and is and shall be permitted to return to and reimin in this state, any law to the contrary thereof in any wise notwithstanding. In t he Senate House, the nineteenth day of February, in the year of our Lord one thou sand seven hundred and nhn ty-one, am! in the fifteenth year of the Independence of the United States of America. DAVID RAMSAY, fPresident o the Senate, JACOB R EAD, Speakerf o the House of Representatives. CTAn A to exempt William Greenwood from the pains and penalties of the act of confisca tion and banishment. WHEREAS W illiam Greenwood, Mrs. Elizabeth Mar)- Legerand Mrs. Eliza beth Love Hutchinson, have petitioned the legis lature that the said William Greenwood may be freed and exempted from the pains and penalties of the act of confiscation and banishment : tBe i 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 tame, That the said act, so far as it r d.-^cs *o the said William Greenwood, be, and the same is hereby repeated. //I t hf Senate House, the nineteenth day of Fe bruary, in the rjear of our Lord one thou sand seven hundred and ninety-one, and in twffteenth year of the Independence of the United States of America. DAVID R.AM SAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A to exen.pt JViiti'.m Bull, esquire, from the pains and penalties of the acts cfco fsca- t n and banishment, end to permit him to send hack and employ his negroes and other slaves fa ' '. is state. "T"^ TiuJiEAS, WiiSam Bail, esquire, by V V ms petition to the legislature of this si hath represented that his infirmity and ad vanced age will prevent him from returning *o tlii . state to avail himself of the benefits intend ed to be conferred on him ry ;;n act, , entitled, " An act to exempt William iluli from the pains and penalties to which he is liable by several acts of the general assembly," passed the twenty- eighth day of March, in the year of on: Lo;d o:>e thousand se ven hundred and eighty- >ev.:r.'; v hich representation hath been f.iliy substantiated : Bet i therefore enacted hy the honorable the Senate and House of Representatives, nmv met and sitting in general assembly, and by the au thority of the same, That the said Wihiam Bull William sliait be and is l.evby freed, exonerated and dis- Buiiex- cliarged from all the pains and penalties to v. hie! f™mcon. he was liable under the several acts of confisca- fismtion tion and bani -hment, passed by the legislature oi tlus state ; and that the said acts oi' coulibcationand ( 1 54 ) banishment, s o far as they affect the said William Bull, be, and the same are hereby repealed. And w hereas, The said William Bull, by his aforesaid petition, did pray for leave to send back and employ in this state the several negro and other slaves which he was constrained to take and curry away with him on his leaving this state: tBe i therefore further enacted by the authorU May send ty aforesaid, That from and immediately after aT^ies3 * 'ie PassinS? °f tms act' 11 sh^l a;,d may be lawj fill to and for the said William Bull, his execu tors, administrators and assigns, to send back, keep and employ in this state, all and even- the , negro and other slaves which he took off and carried away with him on his leaving this state as aforesaid, together with the issue and .increase of the said female slaves, any law of this state to the contrary thereof notwithstanding; and that the sixteenth clause of an act, entitled, " An act to regulate the payment and recovery of debts, and to prohibit the importation of ne groes for the time therein limited," passed the fourth day of November, in the year of our Lord one thousand seven hundred and eighty-eight, so far as the same may affect the said William Bull, be, and the same is hereby repealed. 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, Presidentf o the Senate. JACOB READ, Sheaker of the House of Representatives. ENDf o the ACTS of Februa r y, 1791. At a G eneral Assembly, t'egrin and h- Men at C. li m'ji:-, on Mon day the third ch.\ of J nuary, in t .< Ye~r >>f our L rd one thousand seven h.indred and K.i.et} -one, and h-ora thence continued by divers 'd'jvrr.menfs to ti:e twentieth day of Decern', e;' iu the sauie Ye..r, ajid in the sixteenth Year of the Inde pendence of the Unit J i-ates of An. erica. CTAn A to amend the act, entitled, " Jin act declaring the povwr and duties of the Enqui rers, Assessors and Collectors of the Taxes, and other persons concerned therein." WHEREAS e xperience ius evinced that it is prejudicial to the interest of this state, that the enquirers, assessors and collectors of taxes should continue in tl.cir respecHve offices during good behaviour : For remedy thereof, Bet i enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, Tnat every enquirer, assessor and col lector of taxes hereafter to be- appointed, shall hold his office only during the pleasure of the legislature of this state, any lav , usage or cus tom to the contrary thereof in any wLe notwith standing. In t he Senate House, the twentieth day of December, in the year oj 'our Lord one thou sand seven hundred and ninety- one, and in the sixteenth year of the Independence of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB R EAD, Speakerf o the House of Representatives. ( 1 56 ) An a dditional ACT to the act, entitled, " An act to establish a court of equity xvithin this state,'" passed the nineteenth day of February, seven teen hundred and ninety-one. BE i t enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au- Times of ^lorit'J °f same, That the court of equity- holding shall in future be held at Charleston the second courts of Monday in each September, instead of the third rutore.m Monday in that month as it is now fixed by law; and at Cambridge for the districts of Ninety- six, Washington and Pinckney, excepting that part of Pmckney district which comprehends York and Chester county , on the twenty-eighth day of April, and the twenty-fourth day. of No vember in each year, instead of die fifth days of May and December in each year ; and sltall con- tinue to sit from day to day, Sundays except ed, at Cambridge for the space of six days, if the business shall require so long a time; and at Columbia, for the district of Camden, as it is now delineated, inclusive of that part of Pinck ney district which is comprehended in York and Chester counties, Cheraws and Orange- burgh, on the sixth days of May and December in each year, instead of the fifteenth days of May and December as now established by-law, and shall continue to sit from day to day until the business ready for hearing be dispatched. And w hereas, The inhabitants residing in the remote districts of tliis state, may be often de prived of the benefit of injunctions, issuing out of the court of equity, to stay proceedings at law, by reason that levies may be made under executions before they can make regular applica tion to the court for such injunction on account of their distance : Fqr remedy whereof, ( 1 57 ) tBe i enacted, That whenever any person shull Mode of be dissatisfied with a judgment at law, and shall obtaining think himself reiievable in equity, he may, atjyn'ction. " any time within forty days after the adjournment of the court at wliich such judgment was obtain ed, give notice by himself or his attorney, in writing, to the sheriff of the district with whom execution may be lodged, that he means to file his bill in the court of equity, praying for a writ of injunction, and shall annex thereto an affida vit of such intent; and such sheriff, on being served with such notice and affidavit within the said time, whereof he shall make true entry in his books, shall be bound, on receiving security as herein after prescribed, to stav further pro ceedings on such execution. Provided the said Notice and notice and affidavit be served on him before ac- affid&vitto tual sale of the property ; and in cases where beforcac- levies shall have been made on any moveable tual sale. property, the complainant, on giving bond to the sheriff, with two good sureties to lje approv ed by him, subject to the future approbation of the court, in a sum equal to double the real value of the property so levied on, and conditioned to return in good order to such sheriff, the whole of the said property, if the complainant docs not procure from the court of equity, and cause to be served on him, a writ of injunction v\ ithin thirty days from the date of such bond, shall be entitled to receive back and retain all such move able property ; and the said complainant shall be bound to proceed to file his bill and apply for an injunction, according to the rules and practice of the court of equity, whhin twenty days after giv ing such bond to said sheriff; and if no writ of injunction issuing out of the court of equity be served on said sheriff within thirty days after his taking said bond, commanding him to stay pro- ( 1 58 ) ceedingn i rrjd suit at law, he shall then proceed to seize and again take into his possession #aid property, ; nd sell the same under the said exe cution, aiVr giving the legal notice ; and if the said compuiLiant siiol) not foithwitik surrender and deliver up such property, the said sheriff shall assign the s..id bond to the plaintiff in the suit at law, ■<■ ho muy commence suit thereon and proceed to recover from the said defendant at law ur.d hissecu.ries, the amount of the pe nalty of the said bond with costs of suit, in which suits no imparlance slnli be allowed. In t he Senate Thus?, the twentieth day of De cember, in the year of our Lord one thou sand xeven hundred and ninety -one, and in th» sixteenth year of the Independence of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. CTAn A to alter and amend the law respecting juries, and to make some adrlitional regulati ons to the acts for establishing and regulating the circuit courts. xiERCAS, t he mode of drawing special j ; iries, p escrihed by the act of the gene ral assembly oi' this state, passed on the nine teenth day of July, in the year of our Lord one thousand seven hundred and sixt3'-nine, has by experience been found inadequate to that fair and impartial administration of justice w hich is to be expected in every case where special juries are drawn, and it has some times so happened that special juries have been drawii entirely out of the number of those whose names were given ( 1 59 ) inr o delivered to the court by one of the parties in controversy : For remedy thereof, tBe i therefore enacted by the honorable the Senate and House of Repnsentatives, now met- and sitting in general assembly, and by the au thority of the same, That it shall and may be Mode of lawful for the court of common pleas in the se- drawing vend d istricts throughout this state, 1 in any civil i-iestobeS DCCl'll III" action where the value in dispute is equal to or observed exceeds fifty pounds sterling money, or on ap- In u ure' plication by either part}-, plaintiff or defendant, in any case, at his, her or their own expense, or with the consent of both parties in any action, to order a special jury to be struck, for the trial of the said cause, at the court to be b olden in the district where such cause shall be triable, which shall be done in the following manner, that is to say; each party, plain' iff and defendant, shall give in or deliver to the other the names of any eighteen persons having the qualifications of grand jurors, whom he, she or they would choose for jurors in the case controverted, out of which lists each party shall strike out the names of such eight persons whose names were i given in by the other party, as he, she or they may choose to reject ; and out of the ten persons remaining on each list, each party shall mark or name such four persons on the list of the adverse party, as he, she or they may think fit to have summon ed as talesmen ; and the twenty men who shall be chosen for jm ymen and talesmen, as before directed, shall be summoned by the sheriff of the district in which the cause is to be tried, at least six days, (or any shorter time, if the parties shall consent thereto) before die meeting of the court in the said district, to attend on the said court as a special jury, and as talesmen if occa sion shall require; and if all the twelve men who ( 1 G0 ) shalle b summoned for the special j.iry, shall not attend at the cotut, and at the time to which they shall be summoned, then out of the num ber of those who shall be summoned for tales men, and shall attend as such, each party shall, out of the talesmen of the adverse party, choose so many as shall he requisite to make up, together with such of his, her or their own special jury men as sliall have attended agreeably to their summons, the number of six, to the end, that in every eaUoC tried by a special juiy, each party may have six. jurymen, of his, her or their own choice: but if out of the ten men summoned as special jury and talesmen, on behalf of each par ty in any cause, six men shall not appear on be half oi both or either of the parties, then each party shall, instanter, give into the court the names of so many men, from the vicinity of the court-house, as will make three times the num ber wanted to make up his;, her or their com pliment of six jurors, who shall be immediately summoned by the sheriff of the district, to give their attendance; and out of the number who shall attend after being so summoned, each par ty shall choose as many as will make up his, her or their compliment ofsixjuit_.r:3; and every jury so drawn a? is above directed, shall consti tute a : jvvial jury, to hear, try and determine aii\ sr.eti cause as shall be submitted to them : Provided always nevertheless, That nothing herein contained shall debar any person of or from legal challenges, to any of the said jurors. And he it further enacted by the authority judges aforesaid, That the chief justice and associate may make jucw.s Gf the court o! common pleas of this rules o r- • * dere.'&c. s tale, or a majority of them, shall be, and they are hereby authorized to make and establish all such rules, orders and iegulatio:is as they may ( 1 61 ) deem p roper or necessary, to carry fully into effect the foregoing clause of this act. eAnd b it further enacted by the authority aforesaid, That so much of the law or act, enti- Repealing tied, " An act for establishing couits, building chuse- gaols and appointing sheriffs and other oiiicers, for the more convenient administration of justice in this province, passed on the nineteenth day of July, which was in the year of our Lord one thou sand seven hundred and sixty-nine, as is rtpug- nant or contrary to the fou.-goiug clause of this act, shall be, and the same is heicby repealed. Ande b it further enacted by the authority aforesaid, That even man who shall be sum- Penalties moned as is herein Injure directed, to attend on ?nsPeci»1 a special jury, and dull liiil, neglect or refuse togiecjng" attend agreeably to his summons, shall be liable. to attend. to the same pains and penalties, recoverable in the same manner, as those imposed on persons who fail, neglect or refuse to appear and attend at any district court as grand jurors, after being duly summoned for that purpose. Provided always nevertheless, That no person shall be compelled to serve on more than two special juries during the same court or term. Ande b it further enacted by the authority aforesaid, That it shall mid may be lawful for the Newjrary •{.-.'. , . , • ., - , , hats tobe chief j ustice, or any of the associate judges, and Piade at they are hereby directed, once in AnCT A to repeal part of an act, passed the nineteenth day of February, in the year of our Lord one thousand seven hundred and ninety- one, entitled, "an act for gradually calling in and sinking the paper medium of this state, issued by virtue of an act, entitled, " an act to establish a medium of circulation . by way of loan, and to secure its credit and utility," pass ed the twelfth day of October, in the year of our Lord one thousand seven hundred and eighty-five. WHEREAS, b y an act, passed the nine teenth day of February, in the year of pur Lord one thousand seven hunched and nine ( 1 76 ) ty-onc, e ntitled, "an act for gradually calling in and sinking the paper medium," issued by virtue of an act, entitled, " an act to establish a medium of circulation by way of loan, and to secure its credit and utility," passed the twelfth day of October, in die year of our Lord one thousand seven hundred and eighty-five, it is en* acted, " that die borrowers of the paper me dium shall be obliged to pay into the hands of die commissioners of the loan office, one-fifth part of the original principal sum borrowed, and the whole of the interest then due, on the first Wednesday in March, in die year of our Lord one thousand seven hundred and ninetv-two; and tliat die same be delivered to a joint com mittee of the senate and house of representatives, to be by them burnt." Ar.d whereas it is thought expedient that the interest which shall become due on the said first Wednesday in March next, be applied towards the extinguishment of die fereign debt : Bet i therefore enacted by the honorable the Senate and House of Representatives, naiv met and sitting in general assembly, and by the au thority of the same, That so much of the said act as requires the burning of the said interest money, be, and the same is hereby repealed; and instead thereof, the said interest shall be applied towards the extinguishment of the foreign debt. In the Senate House, the twentieth day of December, in the year of our Lord one thou sand seven hundred and ninety-one, and in the sixteenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. ( 1 77 ) AnCT A to appoint commissioners for laying and raising an assessment on the taxable pro* pi-rty in the parish of Prince George, ( agrce- ally to its ancient boundaries, J for the pur pose of paying the representatives of the late Thomas Lynch, esquire, deceased, the amount due on a contract made with him by the com missioners of the roads. WHEREAS, c olonel Hugh Horry has represented, by petition, that he, toge ther with the late Paul Trapier and Benjamin Huger, esquires, deceased, by virtue of an act, passed on the twentieth day of March, which was in the year of our Lord one thousand se ven hundred and seventy-one, did, as commis sioners of the high roads for the parish of Prince George, in the district of Georgetown, contract with the late Thomas Lynch, esquire, deceas ed, for making the causeway across Lynch's island, between North and South Santee, being part of the highway between Charleston and Georgetown, and did agree to pay him the sum of eight thousand pounds, old currency, within six months after the completion of the said work, in consequence whereof the said Thomas Lynch undertook and compleated the said piece of work, and that in and by the above-mention ed act the said commissioners, or a majority of them, were authorized and empowered to lay and raise a tax or assessment on all the male in habitants in the said parish, from the age of six teen to the age of sixty years, sufficient to pay off and discharge the expence of making the said causeway, as by the said act, referense be ing thereunto had, will more fully appear, and that the war, and the confusion consequent there on, at that time prevented the said commission ers from making the said assessment pursuant ( 1 <'8 ) to t he terms of the said act, and that he the said. Hugh Horry is the only survivor of the said commissioners, and as such has been sued by the executors of the said Thomas Lynch, for the sum of money stipulated to be paid by the said contract, together with interest thereon; and it is necessary and proper that some provi sion should be made for paying off the sum of money which may be due on the said contract: Me it therefore enacted by the Iionorable the Senate and House of Representatives, now met and sitting in general' assembly, and by the au thority of the same, That if the said representa- Taxatle tives of the said Thomas Lynch, deceased, shall, Princ^yin on the contract before mentioned, recover a ver- George, diet against the said Hugh Horry, any virdict tobetoxedso recovered, together with all costs and char- to pay for ges necessarily incurred by him, in and about Lynches ms c|efence s]la][ be paid in the manner hereiri causeway. » I . after d irected, that is to say: all the taxable property within the lines, which, on die twenti eth day of March, in the year of our Lord one thousand seven hundred and seventy- one, were the boundaries of the parish then called the pa rish of Prince George, Winyaw, shall be taxed, rated and assessed, by the commissioners herein after appointed for that purpose, in such manner and proportion, and at such rate, agreeably to the rules, and proportions of the act for raising supplies for the year one thousand seven hun dred and ninety-one, as will be necessary to make up the sum or verdict so recovered as aforesaid, against the said Hugh Hoixy, toge ther with his costs and charges aforesaid, to be paid by the respective owners of such property in such proportions and at such periods as the said Hugh Horry would be obliged to pay the tame if this act had not been passed* ( 1 79 ) eAnd b it further enacted by the authority aforesaid, That William Brailsford, Jacob Wil- Commis. liam Harvey, Richard Godfrey, William Hem- s^^ap" ingway and Thomas Allston, be, and they are hereby appointed commissioners for the purposes before mentioned, and they, and a majority of them, are hereby vested with all and every such power and powers, to carry into effect the true intent and meaning of tins act, as are vested in the collectors of the general tax of this state, and in like manner to be subject to the pains and pe nalties to which the said collectors are liable. In the Senate House, the twentieth day of De cember, in the year of our Lord one thou sand seven hundred and ninety -one, and in the sixteenth year of the Independence of the United States of America. DAVID RAMSAY, fPresident o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A to authorize the holders of the Foreign Debt in France to redeem the same in Ams terdam. WHEREAS i t has been represented to the legislature, by John Splatt Cripps and William Crafts, that the foreign creditors of this state, whose debts are payable in France, would be able to transfer the same to their satis faction, provided the said debts were made re deemable in the city of Amsterdam. And •whereas it is incumbent on this state to facilitate the negociation of the said debts : tBe i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au- C i s<5 ) thorityf o the same, That the said John SplatI Cripps'and William Crafts, or their assigns, be, and they are hereby authorized, on the part of the said creditors, or their assigns, whose debts are payable in France, upon the delivery of the evidences of the said debts, to register the same at the treasury of this state, redeemable in the city of Arasteidam, whereby the said creditors shall be entitled to all the benefits ofan ordinance, entitled, " An ordinance for funding and ulti mately discharging the foreign-debt of this state." And be it further enacted by the authority aforesaid, That the said John Splatt Cripps and William Crafts, or their assigns, be, and they are hereby authorized and empowered, on the part of this state, to negociate the transfer of the said debts. In t he Senate House, the twentieth day of December, in the year of our Lord one thou sand seven hundred and ninety-one, and in the sixteenth year of the Independence ofthe United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. CTAn A to permit the exhibition of Theatrical entertainments under certain regulations. BE i t enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au thority oftlie same, That the intendant and war dens of the city of Charleston, and die intend ant and wardens in Camden, and the magis trates in each of the election districts throughout the state, may permit and licence persons to ex ( 1 81 ) hibit t heatrical entertainments, within the bounds of their respective jurisdictions, any thing con tained in the act, entitled, " An act for the pro motion of industry, and suppression of vag rants and other idle and disorderly persons," to the contrary thereof in any wise notw ith standing; and the persons who shall be so licenced, are hereby excepted from the pains and penalties inflicted by the said act: and that for every licence granted in the city of Charles ton, a sum of one hundred pounds, and for eve ry licence granted elsewhere the sum of twenty- five pounds, shall be paid into the > public trea sury for the use of the state, and such licence shall continue in force for one year, from the granting thereof, and no longer. In t he Senate House, the twentieth day of December, in the year of our Lord one thou sand seven hundred and ninety-one, and in the sixteenth year of the Independence of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB R EAD, Speaker* of the House of Representatives. CTAn A to make and establish, the Vestries and Church Wardens of the Episcopal Churches of the parishes of Saint Philip and Saint Mi- chael in Charleston, two separate and distinct bodies politic and corporate, and to enlarge their powers. WHEREAS t he vestries and church war dens of the episcopal churches of the parishes of S*aint Philip and Saint Michael, in Charleston, are desirous that they should be made, established and incorporated as two sepa ( 1 82 ) rate a nd distinct bodies politic and corporate, and that each should respectively have and pos sess the same authority, powers and privileges which arc, by an act of the general assembly of this state, passed on the tv. eaty-fourth day of March, in the year one thousand seven hundred and eighty-five, granted to and vested in the said two churches conjointly, and that they shall have severally, certain powers in addition to those granted to them in and by die said act; and it is expedient and proper that such their desires shall be effected : Bet i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au- Churches thority of the same, That the said vestries and v*St d s' church wardens, of the episcopal churches of Michael the parishes of S Jnt Philip and Saint Michael, separately in Charleston, be, and they arc hereby made, incorpora- estakjjs]iec] anci incorporated as two separate and distinct bodies politic and corporate, in name and in law, and that each of them separately, shall hereafter have, possess and enjoy their respect ive properties in severalty, and shall also have, possess and enjoy the same authority, powers and privileges, which', by the act of the general assembly aforesaid, are granted to and vested in them conjointly; and that the said vestry and church wardens of the episcopal church of the parish of Saint Philip, in Charleston, and their successors in office for ever hereafter, shall be, and they are hereby declared to be incorporated as a body politic and corporate, in deed and in law, by the name of " TJie Protestant Episco pal Church of the parish of Saint Philip, in Char leston, in the state of South- Carolina : " and that the said vestry and church wardens of the epis copal church of the parish of Saint Michael, in ( 1 83 ) Charleston, a nd their successors in office for ever hereafter, shall be, and they are hereby de clared to be incorporated as a body politic and corporate, in deed and in law, by the name of " The Protestant Episcopal Church of the pa rish of Saint Michael, in Charleston, in the state of South-Carolina." Ande b it further enacted by the authority R aforesaid, That the said two churches, by their ively em- respective names before mentioned, shall seve- powered rally, from time to time, and at all times hereaf- property, ter, liave perpetual succession, and a common ^A s«e seal, and be capable in law to have, hold, take, ^ esu receive, possess and enjoy all the lands, tene ments and hereditaments, and the rents and in come thereof, which now are or hereafter shall be vested in them respectively, by gift, devise or purchase, to them and their respective suc cessors in office for ever, not exceeding the an nual income of one thousand pounds each ; and that the said two churches, by their said respec tive names, shall and may severally sue and be sued, implead and be impleaded, answer and be answered unto, in any court of judicature in this state, in all actions or suits of what nature or kind soever, which to them shall in any wise be long or appertain in or about the premises. Ande b it further enacted by the authority aforesaid, That the said corporations, and each Power u of them, shall have full power and authority, by recover at their respective names above mentioned, either equity, at law or in equity, to sue for, recover and re ceive, all and every such sum and sums of mo ney, goods, chattels, houses, lands, real estate, or other property, as now is or are, or hereafter may be due to, or kept and detained from them or either of them, by any one or more of their or either of their own body, sect, fraternity or ( 1 86 ) being e xported or exposed to sale, may be brought lor inspection, and after being passed, shall be deposited till called for (for exportation ; ) which warehouses shall be established at the following places, that is to say : one warehouse at the plantation of John Sharp, on the Savannah river, Abbeville county, opposite the place in Georgia called Petersburgh ; one warehouse at Cambridge, in the district of Ninety-six ; one warehouse at the town of Orangeburgh; one warehouse on Savannah river, at Drury Pace's ferry ; one warehouse on the west bank of Broad river, at Hendersonburgh. eAnd b it furtlier enacted by the authority eommis- aforesaid, That Joseph Colhoun, Esq. Flem- »10.ners ap. ming Bates, Ebenezer Pettigrew, Higginson Barksdale and Joseph Milligan, shall be commis sioners for the warehouse at John Sharp's plan tation ; James Goudy, John Merriweadier and William Huggins, shall be commissioners for the warehouse at Cambridge ; and Jacob Wey- mer, John Chevellette and David Rumph, shall be commissioners for the warehouse at Orange burgh ; that Drury Pace, Robert Ware and Sa muel Scott, shall be commissioners for the ware house at Drury Pace's ferry, in Edgefield coun ty ; and William Farr, Nathan Glen and James Glen, shall be commissioners for the warehouse Vested at Hendersonburgh. And the said commissi- ersand" W oners S'11U' 'Je ana" ^ hereby vested with all •ubjectto the powers, authorities, privileges and benefits, penalties, and, &naU be subject to all the duties and penal ties to which commissioners of other inspections OwnCTsof are entitled or made liable by any law of this entidedto state. And the owners of the lands on which emoiu- the warehouses may be built, and the officers subjectto servants at each of the said warehouses, shall duties. also be entided to all the profits and emoluments, ( 1 87 ) osubject t all the duties, and liable to all the pe nalties, given, created and imposed by any law of the said state. Ande b it further enacted by the authority aforesaid, That copies of this law, and also C; J,r^UT' all preceding laws respecting the inspection oi transmit tobacco, now in force, be transmitted bv th' >r9Pectlon commissioners bt the treasury, to the board cf connnis- commissioners of each respective inspection Sl0ners- throughout the state. eAnd b it further enacted by the authority aforesaid, That the commissioners for building Commis- warehouses and appointing inspectors of tobac- "^"^VJi, co, already appointed or hereafter to be appoint- the impec- ed, shall have power to settle with and receive tore> M)dto A, •om t he inspectors. r at the , respective . warehouses, , cpayment ompel all s urplus money tliat may be in their nanus- atofsurPlus- the expiration of ever}" year ; and on the inspec tors refusing or neglecting to pay the said bal ance or surplus, the said commissioners shall have full power and authority to compel pay ment of the same. eAnd b it further enacted by the authority aforesaid, That die commissioners of the to- Certain bacco warehouses, known by the name of Ham- commissl- tv i / -> oners may mond's, r icken's and Campbell's warehouses, lower tax- are respectively empowered to lower such of es- the taxes as have been laid by law for the pur pose of defraying the expenses of inspection. In the Senate House, the twentieth day of December, in the year of our Lord one thou sand seven hundred and ninety-one, arid in the sixteenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. z ( 1 83 ) AnCT A to incorporate " the Grand Lodge and the several lodges under the jurisdiction thereof, of South-Carolina, Ancient York Ma sons," HEREAS B ri AnCT A for incorporating the society of free and accepted Masons in this state. WHEREAS, J ohn Faucheraud Grimke, esquire, grand master, and other officers of the Grand Lodge of the society of free and accepted masons, constituted in this state, in the year of our Lord one thousand seven hun dred and thirty-six, as well for themselves as for and in name and behalf of all and singular the masters, wardens, other officers and mem. bers of the several lodges throughout the state, holding of and under, and acknowledging the jurisdiction of the said Grand Lodge, by their petition to the general assembly, have setforth^ " That they had, from time to time, since their being constituted, held frequent meetings within this state, at their usual and stated times and places of forming, and have ever conduct ed themselves with respect and obedience to the laws of the land, and kindness and good will^ ( 1 91 ) not o nly towards their brethren, but also to-: wards their fellow-citizens, and had distributed, from time to time, to all, without distinction, who had the single claim of wretchedness, sums to a great amount, by voluntary contributions among themselves ; that several lodges through out the state, besides their charitable donations towards the relief and support of the widows, orphans and children of their deceased brethren, had accumulated and were possessed of several sums of money, and also real estate, and were willing and desirous to be incorporated, the bet ter to enable them to answer the humane ends of their institution;" and therefore most hum bly prayed, " that a law might be passed for in corporating them as a society, by the name and style of the Grand Lodge oi the society of free and accepted masons for this state:" tBe i 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 society above The socie- mentioned, and the persons who now are or «y inf orP°- shall hereafter be members thereof, and their successors, officers and members of it, shall be, and they are hereby declared to be a body cor porate, in deed and in law, by the name of the Grand Lodge of the society of free and accepted masons ; and that the said society shall consist of whom of a grand master, and such officers, and with ltsll?N such style or tide of office, as the said Grand Lodge may, by virtue of any resolutions or bye-laws, direct and appoint ; and the mas- shall have ters and wardens of the several subordinate » common lodges, who, together may compose the said se Grand Lodge ; and, by the said name, shall have perpetual succession of officers and members, and a common seal, with powers to change, al- ( 1 92 ) May h oia tcr, break and make new the same : and die said property to Grand Lodge shall be able and capable in law, to of 5001 per purchase, have, take, hold, receive, enjoy, pos- nuium. Sess and retain to itself and its successors, in perpetuity, any charitable donations and person- id estates, and for any term of years or hie, any estate or estates, lands, tenements or heredita ments, of what kind or nature soever, not ex ceeding the annual income of five hundred pounds ; and to sell, alien, exchange, demise or lease the same, or any part thereof, as it shall be Mav sue thought proper ; and by the said name to sue andbesu- and be sued, implead and be impleaded, answer ni!ikeniie» and °e answered unto, in any court of law or andbye- equity in this state; and to make such rules and laws. bye-laws, not repugnant and contrary to the laws of the land, for the benefit and advantage of the said Grand Lodge, and for the order, rule, good government and management of the same, and for the promotion of the prosperity, interest, benefit and advantage of the craft in general. And be it further enacted by the authority Grand aforesaid, That it shall and may be lawful for master tjie s.,jj grran(] master or his denutv, his or their mav i ssue ° 1 t warrants s uccessor or successors, for the time being, to for consti- issue warrants for the constituting of subordi- ges.nS nate lodges ; and the said lodges, warranted as aforesaid, shall be, and they are hereby declared to be legal and regular : Provided public notice Lodg-es thereof be given once every year ; and that it meeting s haU and may bc hm ful for the said grand lodge, for trans- and subordinate lodges, already constituted, and acting bu- hereafter to be constituted, to have and to hold meetings of themselves, lor the better manage ment of their respective and several charitable funds, and the application of diem to proper purposes ; and the transactions of all other busi ness relating to the said grand lodge and other ( 1 93 ) subordinate l odges, w hen, and as often as it may be necessary, at anytime and place whatsoever, and w heresoever it may be deemed expedient to associate, assemble and meet together. And the said grand master, or his deputy grand mas ter, and other members, constituting the said grand lodge, for the time being, and the officers of the said subordinate and inierior lodges alrea dy constituted, or hereafter to be constituted as aforesaid, shall and may, from time to time as semble and meet together, as the grand master or deputy grand master, (by the giand master's authority,) shall appoint, by summons or other notice, v> hich he is hereby empowered timely to issue for that purpose to all the said mem bers ; and that thty, being so met, shall have Subordin- full power to nruke, constitute and ordain such atc loi!P" i u i i m avmufce rules a nd bye-iaws as snail appear to them to be rules and good, necessary and expedient for the govern- bye-laws, ment, order and regulation of the said grand lodge, and subordinate and inferior lodges, and every member thereof;, which rules and bye- laws, not being repugnant to the laws of the land, shall and may be effectually observ ed and kept; and to do all other things concerning the go vernment, estate and rev enues of the said grand lodge, and subordinate and inferior ledges. Ande b it further enacted by the authority aforesaid, That it shall arid may be lawful, from Thesoric- time to time, and at all times hereafter, for the ty to meet officers for the time being, and for their succes- tftJelr ' sors, and the members of the aforesaid society , cwwtta- to assemble and meet together at such stated tl0ns' times and places of forming, as in and by the constitutions of said society ar e appointed and declared concerning die same. eAnd b it further enacted by the authority ™" aforesaid, That this act shall be deemed and tak- public act ( 1 94 ) seii a a public act, and notice shull be taken thereof in all courts of justice and elsewhere within this state, and shall be given in evidence on the trial of any cause, without specially plead ing the same. In t he Senate House, the twentieth day of De cember, in the year of our Lord one thou sand seven hundred and ninety-one, and in the sixteenth year of the Independence of the United States of America. DAVID R AMSAY, fPresident o the Senate. JACOB R EAD, fSpeaker o the House of Representatives. AnCT A to repeal such parts of an act of the general assembly, passed the nineteenth day ofMarch, in the year of our Lord one thou sand seven hundred and eighty-five, entitled, " an act for erecting and establishing a college in the village of JVinnsborough, in the dis trict af Camden ; a college in or near the city of Charleston ; and a college at Ninety-six, in the district of jYinety-six, in the state of South- Carolina," as relate to the college esta blished in Charleston, and for continuing the said college in Charleston under other regula tions. WHEREAS i t appears to the legislature, that many inconveniences have arisen in carrying into execution the act, entiUed, "an act for erecting and establishing a college in the village of Winnsborough, in the district of Cam den; a college in or near the city of Charleston; and a college at Ninety-six, in the district of Ninety-six, in the state of South-Carolina," passed the nineteenth day of March, in the year ( 1 95 ) cf o ur Lord one thousand seven hundred and eighty- five, both as to the time of election of officers from among the trustees of Charleston college, and as to the other stated times and pla ces of meeting of the trustees of the said col* lege; and also that by blending the regulations for the said three colleges into one act, doubts had arisen in many instances, as to the construc tion of the same : For remedy whereof, tBe i 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 Thomas Bee, enquire, The pre. president, Richard Hutson, esquire, vice-presi- 8CMtofiV dent, Daniel Desaussure, esquire, treasurer, trustc-esof (the present officers) and the rest of the trustees Charles-^ of the college of Charleston, duly appointed, erected m- that is to suv : Charles Pinckney, John Rut- to a Wy ledge, Arnoldus Vanderhorst, John Matthews, SJJwS David Ramsay, Gabriel Manigault, Ralph Izard, William Smith, Charles Cotesworth Pinckney, Thomas Heyward, junior, Hugh Rutledge, Edward Rutledge, Major Thomas Pinckney, John Lloyd, Daniel Bourdeaux, Jo seph Atkinson, Roger Smith and Henry Wil liam Desaussure, esquires, and their successors, to be elected in manner herein directed, shall for ever hereafter be one body, politic and cor porate, in deed and in name, by the style of Trustees of the College of Charleston ; and that by the same name they and their successors shall and may have perpetual succession, and be able shall have and capable in law, to have, receive, take and perpetual enjoy, to them and their successors, lands, mes- onC AnCT A to exonerate James Posted from the purchase of two tracts of land sold him by the commissioners of forfeited estates, late the property of John Rose, andfor other purposes therein mentioned. WHEREAS t he commissioners of forfeit ed estates did, on the first day of No vember, in the year of our Lord one thousand seven hundred and eighty-six, sell and dispose of at public auction, to James Postell, two tracts of land, late the property of John Rose, one con taining nine hundred and thirty-one acres, and the other, supposed to be two hundred acres, was found to contain one thousand four hun, dred and sixty acres; and die last mentioned tract having the timber land, was essential to the former tract ; that one hundred and forty acres of the said two hundred acres, is claimed, and taken possession of by John Smith, by which the former tract of nine hundred and thirty-one ( 2 01 ) acres,s i rendered of little value ; and that should the said James Postell be compelled to comply with the terms of said purchase, under tuese circumstances, it would be highly injurious : tBe i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au- james thority of the same, That the said James Postell Posteller- be, and he is hereby exonerated from the afore said purchase. tBe i further enacted, That the said James Topay Postell do pay into the hands of the commissi- renttothe onersf o the treasury, on or before the first day trcusurci'3 of May, in the year of our Lord one thousand seven hundred and ninety-two, the sum of seven shillings for each and every acre of rice land, and also the further sum of three shillings for each and every acre of provision land the said James Postell planted, for each and every year, during the term he iias been in possession of the same, and shall also deliver, on oath, to the said commissioners of the treasury, or one of them, a just and true account of the quantity of acres of rice and provision land he annually planted during the term aforesaid. Ande b it further enacted by the authority aforesaid, That the commissioners of the trea- Commis- sury shall, as soon as may be, sell and dispose si.oncrs to of the two tracts of land aforesaid, giving six thes^d° weeks notice of the time and place of the intend- two tracts ed sale, on a credit of one, two, three and four ° m years, the purchase money to be paid in specie, with interest of seven percent, per annum, also payable in specie, at the expiration of each year, and that they sltall take bonds, with sufficient landed and personal security in tliis state, for the said purchase money ; which bonds and securi ties shall be taken in the name of the said trea- ( 2 02 ) surers, f or the use of this state : and the said commissioners, and the survivors and survivor of them, are and is hereby empowered and re quired to execute sufficient titles and conveyan ces for vesting the aforesaid property which may be sold by them aforesaid, in the persons who shall respectively purchase the same, their heirs, executors, administrators and assigns respect ively, for the term for which the above mention ed land was sold, any law, usage or custom to the contrary notwithstanding. In t he Senate House, the twentieth day of December, in the year of our Lord one thou sand seven hundred and ninety-one, and in the sixteenth year of the Independence of the United States of America. DAVID RAMSAY, fPresident o the Senate. JACOB R EAD, Speakerf o the House of Representatives. AnCT A to incorporate the Ger man Friendly Society. WHEREAS s undry persons, citizens of this state, have petitioned the legisla ture to be admitted a body corporate and poli tic, in name and in deed, by the name and style of the German Friendly Society. And where as, from the object and nature of the institution, it is expedient to grant the prayer of the said petition : Bet i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au- Tkesscie- thority of the same, That the said society above ratei0rp0 mentioned, and the several persons who now are or shall hereafter be members thereof, and their ( 2 03 ) Successors, m embers and officers thereof, shall be and arc hereby declared to be a body corpo rate and politic, in deed and in name, by the name and style of the " German Friendly Soci ety ;" and by the said name shall have perpetual succession of officers and members, and a com mon seal, with power to change, alter and make new the same as often as the said corporation shall judge necessary. tBe i also enacted by the authority aforesaid, That the said corporation shall be able and ca- May hold pablc in law to purchase, have, hold, receive, WP^** enjey and retain to itself, in perpetuity or for any term of years, any lands, tenements or heredita- ments, of what kind or nature soever, not ex ceeding the annual income of five hundred pounds, and to sell, alien or lease the same, as they shall think proper ; and by its said nr.me Mav guc( to sue and be sued, implead and Ix; impleaded, and'bc eu- answer and be answered unto in any court of ed' law or equity in this state, and to make such rules and bye-laws, not repugnant and contrary to the laws of the land, as for the order, rule, good government and management thereof may be thought necessary. eAnd b it further enacted by the authority aforesaid, That it shall and may be lawful for MaV hold the said coq)oration to take and hold for ever donations. any charitable donations or devises and bequests of land, not exceeding five thousand pounds, and personal estates, and to appropriate the same to t'ne benefit of the said corporation. Ande b it further enacted by the authority aforesaid, That the said corporation shall be ca- Mayretain pable in law to have, hold and receive, enjoy, p",^,0^" possess and retain all such estates, real or person- held by al, money, goods, chattels and effects, which thcm- they now possess or are entitled to, or which 2B ( 2 04 ) have b een already given, devised or bequeathed thereto, by whatever name such gift, devise or bequest may have been made. Ande b it further enacted by the authority Shane b aforesaid, That this act shall be deemed and ta. eublTcact. k en as a public act, and that notice thereof shall be taken in all the courts of justice and else where in this state, and shall be given in evi dence without special pleading. In t he Senate House, the twentieth day of December, in the year of our Lord one thou sand seven hundred and ninety-one, and in the sixteenth year of the Independence of the United States of America. DAVID R AMSAY, Presidentf o tlie Senate. JACOB R EAD, fSpeaker o the House of Representatives. CTAn A to incorporate the society for promot ing and encouraging the education of children, and assisting and establishing schools for that purpose in Beaufort district. WHEEEAS J ohn Smith* senior, John M'Phcrson, Cornelius Dupont, and others, have petitioned the legislature to be made a body corporate and politic, in deed and in law, by the name of " The Society for pro moting and encouraging the education of chil dren, and assisting and establishing schools for that purpose in Beaufort district." And whereas incorporation will greatly forward and extend their scheme of liberality and benevo lence: ( 2 05 ) Bet i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au thority of the same, That the said John Smith, The sod, John M'Pherson, Cornelius Dupont, and the several persons who have signed the petitions, or shall hereafter be members of the said soci ety, and their successors, members and offi cers thereof, shall be, and hereby are declared to be a body corporate, in deed and in name, by the name and style of tf The Society for promoting and encouraging the education of children, and assisting and establishing schools for that purpose in Beaufort district;" and by the said name shall have perpetual succession of officers and members, and a common seal, with power to change, altei; and make new the same, as often as the said corporation shall judge expedient. tBe i further enacted by the authority afore said, That the said corporation shall be capa- MayhoUj ble in law to purchase, have, hold, receive, en- property' joy, possess and retain to itself, in perpetuity or for any term of years, any lands, tenements or hereditaments, or other property, of what kind or nature soever, not exceeding the an nual income of five hundred pounds sterling, and to sell or alien the same, as the said cor poration shall think fit ; and by its said name to sue and be sued, implead and be implead? ed, answer and be answered unto, in any court of law or equity in this state, and to make such rules and bye-laws, (not repugnant and contrary to the laws of the land,) as for the order, rule, good government and manage ment thereof, may be thought necessary and expedient. ( 2 06 ) Ande b it further enacted, That this act shall This art a be deemed a public act, and notice thereof taken pubiicact. 'm ajj courts of justice in this state, and shall be given in evidence without special pleading. In t he Senate House, the tiventicth day of December, in the yeur of our Lord one thou sand seven hundred and ninety-one, and in the sixteenth year of the Independence of the United States of America. DAVID R AMSAY, President o f 'the Senate. JACOB R EAD, Speaker of the House of Representatives. ENDf o the ACTS of December, 1791. At a G eneral Assembly, begun and holden at Columbia, on Mon day the twenty-sixth day of November, in the Year of our Lord one thousand seven hundred and Ninety-two, and from thence continued by divers adjournments to the twenty-first day of December in the same Year, and in the seventeenth Year of the Independence of the United States of America. AnCT A prescribing on the part of this state, the time, place and manner of' appointing elec tors of a President and Vice- President of the United States. WHEREAS t he constitution of the Unit ed States of America hat, ordained that " each state shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in congress," and that " the congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States." And whereas congress, by their act, passed and approved the first day of March, in the year of our Lord one thousand seven hundred and ninety -two, did enact, that ". electors shall be appointed in each state for the election of a president and vice-president of the United States, within thirty-four days pre ceding the first Wednesdav in December, one thousand seven hundred and ninety-two, and within thirty -four days preceding the first Wed nesday in December in every fourth year suc ceeding the last election ; which electors shall be equal to the number of senators and represen tatives to which the several states may by law be entitled at the time when the president and vice. ( 2 08 ) president, t hus to be chosen, should come into office; and that the electors shall meet and give; their votes on the first said Wednesday in De cember, at such place in each state as shall be directed by the legislature thereof: Bet i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au- Electnrs tliority of the same, That electors of a president tobeap- an(j vice-president of the United States shall be appointed by ballot on the Tuesday preceding Wednesday the fifth day of December in the present year, one thousand seven hundred and ninety-two, in the house of representatives at Columbia, by the legislature of this state, or by such persons as shall be returned members thereof and shall attend on that day : And also that the electors of a president and vice-presi dent of the United States shall be appointed on the Tuesday preceding the first Wednesday in December in every fourth year succeeding die last election, in the house of representatives at Columbia, by the legislature of this state which shall be then existing, or by such persons as shall then be returned members thereof and shall attend on that day : And the electors cho sen in manner above mentioned, previous to ^executing their appointment, shall, before his excellency the governor or commander in chief for the time being, or in case of his absence, be fore one of the justices of the quorum, take the Oathtobe following oath or affirmation, to wit : " I, A. taken by g c|0 solemnly swear, (or affirm, as the case may be,) that I will faithfully and conscienti ously discharge my duty as an elector of a pre sident and vice-president of the United States. Electors to So help me God." And the electors, when e»»vene. so qualified, shall convene at the state house in. ( 2 09 ) Columbia a t eleven o'clock in the forenoon of the day above specified for the election ofa president and vice-president, to proceed on that business. In t he Senate Home, the third day of De cember, in the year of our Lord one thou sand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A to alter and amend an act, entitled, " an act to oblige persons interested in marri age deeds and contracts, to record the same in the Secretary's office of this state. WHEREAS t he act of the legislature, passed the eighth day of March, in the year of our Lord one thousand seven hundred and eighty-five, entitled, " an act to oblige per sons interested in marriage deeds and contracts to record the same in the secietary's office of this state," hath been found to be defective and inadequate to remedy the mischiefs thereby ne cessary to be provided against, in as much as the sanction or penal clause of the said act is ju dicially deemed and declared not to extend to and comprehend such marrhge deeds, settle ments or contracts as were actually existing at and before the time of passing of the said act : In remedy w hereof, Bet i therefore enacted by the honorable the Senate and House of Representatives, now met Marriage and sitting in general assembly, and by the au- thority of the same, That all marriage contracts, recorded, deeds and settlements, which existed, and were ( 5 10 ) bflegal f orce and operation at the time of the" passing of the said act, and have not been re corded within the time and manner therein pre scribed, after being duly attested and proved^ shall be recorded or lodged in the secretaiy's office of this state within eighteen months after the passing of this act, otherwise, and in case of neglect and default of recording or lodging the said marriage contracts, deeds and settlements within the time, and in the manner herein pre scribed and directed, then the same, and every thing herein contained, shall be and are hereby declared to be fraudulent and null and void, with respect to and against creditors, and bona fide purchasers and mortgagees. Bet i further enacted by the auttwrity afore Marriage said, That all marriage contracts, deeds and set c ontracts to particu tlements, to be made after the first day of June lari ze the next, shall therein describe, specif)' and particu property larise the real and personal estate thereby in by a sche dule. tended to be included, compreliended, convey ed and passed, -or shall have a schedule thereto annexed, containing a description, and the par ticulars and articles of the real and personal estate intended to be conveyed and passed by such marriage contracts, deeds aixl settlements j which said schedule shall be thereto annexed and signed, executed and delivered by the par ties therein interested at the time of the signing, executing aixl delivering the said marriage con tracts, deeds and settlements, and be subscribed by the same witnesses who subscribed the said In d efault marriage contracts, deeds or settlements, and of such shall be recorded therewith, otherwise, and in schedule, to be void. default of such schedule and recording thereof as aforesaid, the. said marriage contracts, deeds and settlements shall be and are hereby deemed and declared to be fraudulent and null and void, ( 2 11 } with r espect to and against creditors, and bontt Jide purchasers or mortgagees. Provided, That where an}* marriage settlement shall be made, previous to marriage, nothing herein contained shall be construed to extend to make the pro perty settled thereby liable in default of a sche dule, or not being duly recorded, to the pay ment of any debts contracted by any husband previous to such marriage, but only to such debts and contracts as shall have been incurred and made by the said husband subsequent to the marriage taking place. In t he Senate House, the twenty -first dan of December, in the year of our Lord one thou sand seven hundred and ninety -two, and in the seventeenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. CTAh A to alter and amend the several acts fof establishing and regulating the circuit courts through this state. BE i t 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 to prevent false or erroneous clerk* to entries in the journals of the courts of common "■adover- pleas in the said districts, it shall be the duty of nalsofth* the clerks of the said courts respectively, on courts to each day previous to the adjournment of the 1CJU s"' court, to read over to the judge or judges who may preside, the minutes or entries which shall have been made during the day, in the said journals. 2C C 2 12 ) Ande b it further enacted by the authority Certain ju- aforesaid, That the jurors drawn at the last retn -' ai1' courts at Canibriclge and at Camden to serve at re LS ' the ensuing courts, shall be taken and deemed to be good and legj juries, and shall be obliged to serve as such according to law ; any informa lities in the drawing of the said jurors to the contrary thereof notwithstanding. Ando t the end that the said judges of the courts of common pleas may be better enabled to carry into effect the several acts of the legis lature providi g for the making of jury lists: Be it farther enacted by the authority afore- jndgMto sajd^ That the judge or judges in eacn ot the tux-coiicr- courts in this state, and at any time during the to-s to fur- term at which it shall be necessary to provide l^abic^n/ *or making of a new jury list, shall and may habitant*, by rule of court, order and direct the several tax-collectors within the district, to furnish to the sheriff of the district by a day therein to be mentioned, the names of all the inhabitants enti tled, agreeably to the constitution, to vote for members of the legislature within the respective parishes or counties of the said tax-collectors respectively, distinguishing such names as have paid five shillings, and less than fifteen shillings; and such as have paid fifteen shillings and up wards for taxes the last year, to be by the said tax-collectors transcribed from their books or lists respectively for that purpose ; a copy of which rule the sheriffs of the said districts re spectively, shall cause to be served upon each And pun- tax-collector within the district, and upon neg- SnVase^f ^ect or reiusal of any tax-collector to obey the neglect exigence of such rule, and upon proof of a copy thereof having been duly served upon him, he shall be liable to be punished by the said court as for a contempt. ( 2 13 ) eAnd b it further enacted by the authority Tlireeju*. aforesaid, That not less than three judges shall SCB lo,at- hereafter t • » p reside and hold the adjournment " court tendadjourned the at Columbia, but as many more as may be con- comt at venient. ColumUi'' eAnd b it further enacted by the authority aforesaid, That no person hereafter shall he per- No attor- mittcd to practice as an attorney or solicitor in ,,e>;not. re' pi n i • s iding' in fany o the courts or this state, whose known this state and established residence is not within this state ; allowed to and all writs and other process issued or plead- pr,4C C€' ings filed by or on the part of attornies or soli citors residing out of this state, are hereby de clared to be illegal and invalid, and nu.y be quashed on motion. Provided nevertheless, That it may be lawful for attornies or solicitors living without this state, to attend the next ju diciary court to finish business now pending. eAnd b it further enacted by the authority aforesaid, That where rules or process to revive Process proceedings at law cannot be seived upon per- scmrlon r l ° r .i • i r i-i absentees sons, b ecause ol their absence ircm and without bv posting the limits of this state, it shall be sufficient t< °n *e post such rules or process upon the court house nous« door of the district in which such absent per- door, sons had their last residence. oAnd t prevent unnecessary suits in equity, where bonds are given conditioned for perfoi mr ance of covenants, or for the delivery of proper ty, or for things other than the payment of mo ney : tfie i further enacted by the authority afore- mid, That the plaintiff may in all such cases be- Bonds ft>» fore he takes out his execution (and the defend- ma„ceof* ant may by rule of court compel him thereto) covenants, submit the condition of such bonds and the spe- ^^^a cial circumstances to a jury, in like manner as on a writ of enquiry, which jury may assess and ( 2 14 ) fix t he debt or damages actually due, ?nd the execution shall be levied accordingly : Provided always. That the judgment for the penalty shall stand as a security for the sum so assessed by the jury, together with the costs of suit. oAnd t the end that plain and adequate re medy may be furnished at law upon copartner ship debts, where one or more of the copartners is or are out of the state, and cannot be served with process, or where there are dci mailt co partners ; Bet i further enacted by the authority afore-. Remedy said, That jn all such cases it shall be suuuient upon c o- partner to serve process upon such of the copartners as ship debts. may reside, or be found in the state, or upon such of the firm or copartnership as are known; and suits so commenced against copartnerships are hereby declared to be leg^l and valid ; any law, usage or custom to the contrary thereof in anywise notwithstanding. Ande b it further enacted by the authority Process aforesaid, That all process lodged for service se/vedf a and actually served, or copies left at the defend ter return duy, to be ant's place of abode, for the circuit courts after gocxl for the time prescribed by law for the return of pro the second court after. cess, shall not by reason thereof be void, but shall be good for the second court thereafter, in the same manner as though they had been serv ed or executed thirty days next before the sitting of the said second court. And w hereas the dockets of causes at issue for trial at Camden and at Cambridge have re spectively become very large, so that the time allowed by law is not sufficient for the trial of the whole of the said causes : Bet i therefore enacted by the authority afore- t•ourts a Camden said, That the courts of common please at the ajKiCaaa- aforesaid places respectively, at the ensuing At ( 2 15 ) pril t erm, shall and may sit from day to day bridge (Sundays excluded) until the whole of the cau- msysitis ses at issue be tried ; provided the term do not April " extend beyond fifteen days. term. In t he Senate House, the twenty -first day of December, in the year of our Lord one thou sand seven hundred and ninety -tivo, and in the seventeenth year of the Independence of the United States of America. DAVID RAMSAY, fPresident o the Senate. JACOB R EAD, Speakerf o the House of Representatives. AnCT A to prohibit the importation of slaves from A frica or other places beyond sea, into this s tate, for txvo years; and also to prohibit the i mportation or bringing in slaves or ne- froes, m ulattocs, Indians, Moors or mustizoes^ oundfor a term of years, from any of the U'lited States by land or water. WHEREAS i t is deemed inexpedient to increase the number of slaves within this state, in our present circumstances and situ ation : Bet i 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 no slave shall be im- Noskrei ported into this state from Africa, the West- to,bte 1™J India islands, or other place beyond sea, foi two years and during the term of two years, commencing '"",n<*,e- from the first day of January next, which v.i!lJO be in the year of our Lord one thousand seven hundred and ninety-three. Ande b it further enacted by the authority n0 siave> q/bresaid, That no slave or negro, Indian, «■ negro. ( 2 16 ) fccbornid M oor, mulatto or mustizo, bound to service for to service a term of years, shall be brought into this stale, of years, by loud or by water from any of the United •hall be States, or any of the countries bordtring i here from anr on, ever hereafter. Provided nevertheless, Tuat oftkeu'ni- it shall and nuy be lawful for any citizen of the todsutes. [Jmted. States, coming to settle with his family in this state, from any of the United States, and actually settling in this state for five years, to bring along with him or her all suqh slaves as he, she or they may possess, in his, he r or their own right, or as guardian for any person removing with him, her or them; but no person shall be permitted under colour of such removal, to bring with him, her or them into this state for sale, the slave or slaves of any of ker person. And provided also, That if any citizen ot tliis state shall intermarry with a citizen of another state, it shall and m:yJ be law ful for such citizen to bring into this state all such slaves as he or they may actually and directly acquire by such intermarriage. And provided noihing in tliis act contained shall be construed to extend to the servants or domestics of persons travelling to arid from and into this state from any of the United States, or to the domestics of persons ar riving from any other place, and residing not more than six months in this state : but such servants or domestics shall, in such case l:e per mitted to be solel or to remain in tliis state, at the departure of their owners or masters. eAnd b it further enacted by the authority Fenaltyfor a foresaid, That if any slave or negro, Indian, '"•porting M oor, mulatto or mustizo, bound to service ' ' f or a term of years, shall be imported or brought into t his state, contrary to the true intent and meaningf o this act, such slave or slaves, negro, Indian, M oor, mulatto or mustizo, shall b« ( 2 17 ) deemed a nd taken as a forfeiture to the stite, one third part oi w hose value shall be paid to the person or persons making information of such importation or bringing in; and the person or » persons i mporting or bringing in such slave or slaves, negro, Indian, Moor, mulatto or mus- tizo, contrary to the intent and meaning cf this act, shall moreover be subject to a penally ot fifty pounds for every slave or negro, Indian, Moor, mulatto or mustizo so brought in. Ande b it further enacted by the authority aforesaid, That where any person has know - informal!- k(.gc of or sulHcient grounds to believe that any onto be slave or negro, Indian, Moor, mulatto or mus- {^"s*° tizo, has been imported or brought into thistr&te. state, contrary to die true intent and meaning, of this act, it shall and may be lawful for such per son to nuke inibi motion thereof to a magistrate upon oath, who is hereby required and clncctcd to issue his wan-ant against the person accused of such importation or bi inging in ; and who, upon Monnwof hearing the iulbrmer and person accused, may proceed- either discharge the accused, if he thinks then, intd m.iti- is no just cause of information or good gi cunds °? heinS of suspicion, or it there appears sufficient cause E"en- of information, he shall forthwith take into safe keeping all the slaves, negi oes, Indians, Moors, muuttots or mustizoes, so imported or brought into this state contrary to this act, unless the party accused give ample security for redelivery cf the same slave or slaves, Indian, Moor, ne gro, mulatto or mustizo, if adjudged to \>e for feited ; and said magistrate shall forthwith pro ceed to summon to his aid one other magistrate and three freeholders, v ho shall hear the parties and adjudge theieon as to law and justice doth belong; and if either the informer or person ac cused are dissatisfied with the judgment of tha ( 2 18 ) fcingle m agistrate, or the magistrates and free* holders, they shall be allow eel an appeal from such judgment, to the next court of common pleas to be holden for the district where such trial has first been had, w here the said appeal slull be tried before a jury of the country, with out delay, the judgment of which court shall be final and conclusive. In t he Senate House, the tvJenty-frst day of December, in the year of our Lord one thou sand seven hundred and ninety- two, and in the seventeenth year of the Independenct of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB READ, fSpeaker o the House of Representatives. AnCT A to repeal a part of the act, passed the 19th of February, 1791, entitled, " An act for gradually calling in and sinking the Paper Medium, issued by virtue of an act, entitled, " An act to establish a medium of circulation by way of loan, and to secure its credit and utility," passed the 12th of October, 1785, and for other purposes therein mentioned. WHEREAS b y reason of the extraordi nary drought which prevailed during the last summer throughout this state, many of the inhabitants thereof have lost, some a part, and others nearly the whole of their crops, where by they will be deprived of the means of paying such part of the principal of the paper medium by them borrowed, as will become due on the first Wednesday in March next : Bet i therefore enacted by the honorable the Senate and House of Representatives, now met ( 2 19 ) eivl s itting in general assembly, and by the au thority of the same, That so much of the act, Repealing passed the nineteenth day of Fcbiuaty, in thecluUi8- year one ti-ousand seven hundred and ninety- one, entitled, " An act for gradually calling in and sinking the paper medium, issued by virtue of an act, entiiiul, " An act to establish a medi* uni of circulation by way of loan, and to secure its credit and utility," passed the 1 2th October, 1785," as requires one-fifth part of the principal sum borrowed of the said paper medium, to be paid by the boi lowers on the first Wednesday in March next, which will be in the year one thousand seven hundred and ninety-three, shall be, and the same is hereby repealed ; and that such fifth part shall be payable at the time when the last payment shall become due, under the said act. "Provided, That no borrower of the proviso, paper medium who failed to make the pivincnt resPectinB which i • i w as required - ii to be made i on the i seeona i personswilo f.,iied Wednesday in May, one thousand seven hun- to make dred and ninety-one, or vi ho failed to make the jja/giluid payment which v. as required to be made on the 1792. first Wednesday in March, one thousand seven hundred and ninety-two, shall be entitled to the benefit of this act, unless such borrower shall on or before the first Wednesday in March next, which will be in the year of our Lorel one thou sand .seven hundred and ninety-three, pay up whatever may be due by such borrower, on ac count of either of the instalments, of the princi pal before mentioned, and the whole of the inte rest that will become due on the first Wednes day in March, in the year one thousand seven hundred and ninety -three, together with all costs and charges which may have accrued in conse quence of such borrower's default ; but nothing in tlus proviso contained shall abate or other. 2D ( 2 20 ) •wise a ffect any suit brought or judgment ob* - taincd ag.iinst any person or persons who failed to make payment agreeably to the directions of the said act, passed on the nineteenth February, in the year one thousand seven hundred and ninety-one* or any sale made under or by virtue of the said act. Ande b it further enacted by the authority >nrcha»- aforesaid, That in every case where the treasu- tocfm'"S rer m Charleston has, by virtue of the said act, •with the or where the late commissioners of the loan of ten™ of fiCe nave sold the land mortgaged for any of the howtobe sa'd paper medium, and the purchaser thereof proceed- lias failed to comply with the terms of sale, the again9t' said treasurer shall proceed against such person, or any person hereafter purchasing such lands, in the same summary manner as is directed by the ordinance for regulating public vendues, when purchasers fail to comply with the terms of sale. Ande b it further enacted by the authority Treasurer aforesaid, That the treasurer in Charleston shall, in Charles- on fa AnCT A relating to the recovery of arrears and other debts, dues and demands, owing to bor dies corporate by their members. WHEREAS i t is proper that bodies corporate should be enabled to recoT ver trom their members, all arrears and other d,ebts, dues and demands, which may be ow ing to them, in the like mode, manner and form, as i ( 2 22 ) one i ndividual could recover the same from ano. the, with whom he had no connection : Bet i 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 ail bodies corporate, by any suit, bill or plant, in any court in this state, may sue for, recover and receive from their respective members, all arrears or other debts, dues and demands, which now are or hereafter may be owing to them, in the like mode, manner and form, as they might sue for, recover and re ceive the same, from any indifferent person, who might not be one of their body ; any law, usage or. custom to the contrary thereof in any wise notwithstanding. In t he Senate Home, the twenty -frst day of December, in tlie year of our Lord one thou sand seven hundred and ninety-two, and in the seventcetith year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A to extend the time for taking out of the Secretarifs office, such grants of land as now lie in the said office. WHEREAS b y a clause of the act, enti tled, " an act for establishing the mode of granting the lands now vacant in this state, and for allowing a commutation to be received for some lands that have been granted," passed on the nineteenth day of February, in the year of our Lord one thousand seven hundred and ninety-one, it is enacted, " That all grants of land in the secretary's office, and which should ( 2 23 ) enot b taken out within twelve months from the passing of that act, should be then sold to the highest bidder by the commissioners of the treasury," and such lands have not yet been sold, and it is thought expedient to extend die time of sale still longer : Bet i 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 sale of the said lands shall be postponed for twelve months, and no longer ; and that if any person shall within that time pay up the money due for the kind, agreeably to the act for establishing the mode for granting lands now vacant in this state, and for allowing a commutation to be received for some lands that have been granted, together with the fees due on his grant, and the expenses incurred thereon, he shall be entitled to the saiel grant, and the land thereby granted him ; any thing in the said clause of the said act to the contrary thereof in any wise notwithstanding. In t he Senate House, the twenty -first day of JDecember, in the year of our Lord one thou sand seven hundred and ninety- two, and in the seventeenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. CTAn A to authorize the County Courts and Commissioners of the roads to grant Licences for keeping Billiard Tables. BE i t enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au ( 2 24 ) BMiardii- t lwrity of the same, That where county courts cenccso t ^.^ or shail he established, ail applications for bil- ^ip-ant- j jjjj-jj licences shall be made to the county courts; a nd where no courts are established, to the c ommissioners of the public roads, who shall respectively h ave the power of granting the same; w hich licences so granted, shall only be of f orce for one year, and the price for billiard licences, ( except in Georgetown, the city of Charleston a nd the town of Camden,) shall be twenty p ounds ; and the monies so received shall be a pplied by the persons granting the same, as t he monies arising from Uivern licences have Tetso t been heretofore applied : And the clerk who making"' m akes, out the licence as aforesaid, shall be al- outsuch l owed for his trouble, four shillings and eight ^licences. ^ Bet i enacted by the authority aforesaid, That Pcnaltyon if any person or persons not duly licenced agree-, not u'cen- akty to 'aw. shaU at any time hereafter presume eed. to keep a billiard table, he, she or they shall for feit the sum of fifty pounds sterling money, to be recovered by bill, plaint or information, in any court of record within this state, by any per son who shall inform or sue for the same, one half thereof to be paid to the said informer, and the other half to be applied in the same manner as the money arising from licences granted as aforesaid, was intended to be applied by this act. In the Senate House, the twenty-first day of December, in the year of our Lord one thou sand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States of America. DAVID RAMSAY, fPresident o the Senate* JACOB READ, Speaker oftlic House of Representatives. ( 2 25 ) CTAn A prescribing on the part of this State, the times, places and manner of holding electi ons for Representatives in the Congress of the United States. BE i t 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 this state shall be and is hert - Election by declared to be divided into six districts, foi ^tric*8- the purpose of electing representatives from this state to congress ; of which Charleston district shall be one, Beaufort and Orangeburgh districts united, another ; Georgetown and Cheraw dis tricts united, another; Camden district, another; Ninety-six district, another; and Washington and Pinckney districts united, another; and each Eich (lis. of the said six districts shall send one reprcseh- iric\t0 tative f rom this state to the house of reprcsen- represen send o ne tatives in the congress of the United States, tative to who shall be chosen by the persons qMalificd tocongres*' vote for members of the house of representatives of this state. eAnd b it further enacted by the authority aforesaid, That the next election of represent:-- When lives from this state to congress, shall be held ^,e er of votes which each candidate shall have, and s hall also transmit to the governor with the ballots, a d uplicate of such account. Ande b it further enacted by the authority persons aforesaid, That in case the same person shall elected for be returned for two or more of the said districts, tricts, to he may, within twenty days after due notice shall choose for be given him thereof, choose for which district they0 will ne u_m serve, and on his making such choice, lent. or neglecting so to do, within the said term, the governor or commander in chief shall direct ano ther election to be held within twenty days there ( 2 29 ) after, f or the vacant district or districts, to be conducted and regulated in like manner as be fore prescribed; and the governor or common- Governor der in chief shall proceed in the same manner, tow** where the member elected in any of the said six t;0ns ft>r districts refuses to serve, or omits to signify to vacant du, the governor or commander in chief, within tricU' &c' twenty days after he has received due notice of his election, his intention of serving; and in case of the death of any person elected, or if his seat shall become vacated by any other means, or if two or more persons shall have equal votes for the same district, the governor or commander in chief shall order a new election, as the case may require, to be conducted, as nearly as may be, in the manner before prescribed. In t he Senate House, the twenty -first day of December, in the year of our Lord one thou sand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States of America, DAVID R AMSAY, Presidentf o the Senate. JACOB READ, fSpeaker o the House of Representatives. AnCT A to ascertain the names by which the villages wherein the district courts are held in Pinckncy and Washington districts, shall be known in law, and to provide uniform seals for the several district courts throughout the state, and to exempt the persons therein spe cified, from toll and ferriage. WHEREAS i t is necessary that the pla ces where the district courts are held in Pinckncy and Washington districts should be known in law by certain names : ( 2 30 ) tBe i therefore enacted by the honorable the Senate a nd House of Representatives, now met and s itting in general assembly, and by the au- Pinckney- t hority of the same, That the place or village on r!!w. t ,ie s0lUM "'est *ide of Broad "ver> il little be" vuie. low, and within one mile of the month of Paco- let r iver, being the situation wherein the gaol and court-house of the said district have been built by the direction of the commissioners ap pointed for that purpose, shall be called Pinck- nevville, mid by that name shall always be known in law ; and that the place or village in Pendle ton county in this state, where the gaol and court-house of Washington district have been built by the direction of the commissioners ap pointed for that purpose, being upon land lately conveyed to the said commissioners by the ho norable brigadier-general Charles Cotesworth Pinckney, shall be called Pickcnsvillc, and by that name shall always be known in law. And i vhereas, it is proper that the seals of the several district courts in this state should be uniform : Bet i further enacted by the authority afore- j t idies to said, That immediately after the passing of this procure a ct5 the judges of the court of common pleas thedistrict s naU» at the expense of the state, cause eight courts. s eals to be made, one for each of the districts, nof a impression similar to that of the court of common p leas in Charleston district, and as nearly u niform with that seal as they in their judgment s hall think proper, except diat each seal s hall, in the legend have the name of the ncourt i which it is used ; one of which said eight seals s hall be delivered by the said judges, or fone o them, to tlie clerk of each of the district courtsf o Georgetown, Cheraw, Camden, Pinck ( 2 31 ) ney, W ashington, Ninety-six, Orangeburgh and Beaufort districts, for the use of die said courts, at or before the next meeting of the said several courts, after which time the said seals shall always be afiixed to such proceedings of the said respective courts as may require the seal of the said courts respectively. eAnd b it further enacted by the authority aforesaid, That every person going to or from Persons divine service on Sunday, and every person so- exempted mg to or from musters and elections, and every ferriage. member going to or from the legislature of the state, and all commissioners of the roads going to and from their stated meetings in their own parish or district, together with their servants and attendants, and all persons in time of alarm, in such parts of the state where the alarm is, and every person who shall have to attend any district court or county court as a grand jury man, petit jury man, a juror of the court of common pleas, or a witness in behalf of the state, or a prosecutor in- the court of sessions, or a con stable travelling and employed on the business of the state, shall, free of expense, pass every road, bridge, causeway and ierry, which may lie in his way going to, or about, or returning from either of the said courts or the business of the state as aforesaid ; and that every person having the care, management or direction, or owning any ferry, toll bridge or causeway, now or hereafter to be established in diis state, shall be bound and obliged to give the same at tendance to every such person as aforesaid, with out fee or reward, as by law now is or hereafter may be required to be given to any person who is chargeable with toll or ferriage, and in default thereof, shall incur the same penalties as he ( 2 32 ) would i ncur if a like default had been made with respect to any person who is chargeable with toll or ferriage. In t he Senate House, tlie twentij-Jirst day of December, in the year of our Lord one thou sand seven hundred and ninety- two, and in the seventeenth year of the Independence of the United" States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. CTAn A to grant a further time to the owners of wharves in Charleston, and other persons having wooden buildings thereon, used as stores onhf, to pull the same down. WHEREAS i t has been represented to the legislature, by a number of ow ners of wharves in Charleston, that a compliance with the act of the general assembly of the state afore said, passed the twenty-seventh day of March, 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 indi viduals, Mid tend also to great public inconveni ence, by lessening the number of stores neces sary for the produce of this country : tBe i 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 all owners of wharves in Charleston, and other persons having wooden buildings thereon, used as stores only, and not as dwelling houses, shall, for the reasons afore said, be allowed a further time, until the first ( 2 33 ) dayf o August, one thousand seven hundred and ninety-six, to pull down and remove the same. eAnd b 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 afore said act, until after the expiration of the time herein before limited ; any law , usage or cus tom to the contrary notwithstanding. In t he Senate Home, the twenty -frst day of December, in the year of our Lord one thou sand seven hundred and ninety -two, and in the seventeenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A for vesting in the Town Council of Camden the exclusive power of granting Li cences for retailing Spirituous and other Li quors, and for keeping Billiard Tables within the limits of the said Town of Camden, and appropriating the sums arising therefrom to the benefit of said Town Council. WHEREAS t he town council of Camden have, by their petition to the general assembly, represented that the inhabitants of Camden are subject and liable to a very consi derable taxation for all the expenses of their cor poration, which might be much lessened by having die power vested in them exclusively for granting licences to retail spirituous and other liquors, and for keeping billiard tables within ( 2 34 ) the l imits of the said town of Camden, provid ed they were also authorized to apply the mo- " nies which they might receive for granting- such licences, to the benefit of the said town council of Camden : Bet i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au- The town thority of the same, That from and after the council to passing Qf this act, the said town council of cences! Camden shall have and exercise the sole and ex clusive privilege of granting licences for the re tailing of spirituous and other liquors, and for keeping billiard tables within the limits of the said town of Camden. Ande b it further enacted by the authority Fees, fee aforesaid, That all and every person and persons to be p.- id to whom licences shall or may be granted by ' S^ccn- the said town council, for retailing wine, bran ch- dy, rum, gin, or any spirituous liquors or strong drink whatsoever, except whiskey, (which may be retailed in any quantity not less th;m one gal lon without licence,) in any quantity less than three gallons, within the limits of the said town of Camden, shall pay for ever}- such licence the sum of thirty shillings sterling money to the town council of Camden for the use of the said town council, and five shillings to the clerk for makine out such licence and the bond accom- • panying the same ; and all and every person and personso t whom licence shall or may be granted for keeping a billiard table within the limits of the said town of Camden, shall pay for every such licence the sum of twenty pounds ster ling money to the said town council of Cam den, for the use of the said town council, and five shillings to the clerk for making out the licence, and the bond accompanying the same, ( 2 35 ) and e very licence which shall be granted by vir tue of this act, shall continue and be of force for the term of one year, and no longer. In t he Senate House, the twenty -first day of December, in the year of our Lord one thou sand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. \AnCT A to establish an Inspection and Ware- Houses at or near the Fish Dam Ford, on the south side of Broad river. WHEREAS i t has been represented to the legislature by the inhabitants who live adjacent to the Fish Dam Ford, that it would tend very much to their and the public convenience to have an inspection and ware-hou ses established at or near the Fish Dam Ford : tBe i 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 &ames That an inspection and two Aninspec- or more ware-houses for the inspection and re- tlon ""d ception of tobacco and flour, shall lie establish- ses estab- ed and erected at or near the said Fish Dam ''shed. Ford, on the south side of Broad river aforesaid, as soon as conveniently may be after the passing of this act, which, in as far as the same relates to tobacco, shall be subject to all regulations, restrictions and conditions mentioned, set forth and expressed in and by an act of the legisla ture, entitled, "an act for regulating the inspec tion and exportation of tobacco," passed the 2F ( 2 36 ) thirteenth d ay of March, one thousand seven hundred and eighty-nine. eAnd b it enacted by the authority aforesaid, Commia- That colonel Thomas Brandon, colonel Joseph Sted to" Brown, Bernard Glenn, James Glenn, William fixipiacc. Kennedy, John Wilson and William Fair, shall be and are hereby appointed commissioners to fix upon the most convenient place, at or near the Fish Dam Ford, for the suid inspection and ware houses. And that the said commissioners, or a majority of them, shall have the power to choose inspectors for the said ware-houses, and to make such additional regulations to those prescribed by the aforesaid act, as they or a majority of diem shall deem expedient and necessary. And be it enacted by the authority aforesaid, to make That the said commissioners, or a majority of onf11^" triem, shall be, and they are hereby empowered »pccting to make such regulations respecting the inspec- flour- tion of flour as they shall think fit. In t he Senate House, the twenty-first day of December, in the year of our Lord one thou sand seven hundred arid ninety-two, and in the seventeenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB R EAD, Speaker of the House of Representatives. AnCT A for enlarging the powers of the Com missioners of Columbia, and for other pur poses therein rnentioned. WHEREAS t he restrictive operation of the third clause of an act, entitled, " an act to appoint commissioners to purchase lands for the purpose of building a town and re- ( 2 37 ) moving t he seat of government thereto," has been found unfavorably to affect the sale of lands in the town of Columbia: tBe i 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 commissioners for Commis- the time being, of the town of Columbia, may ^""J",^ hereafter sell and dispose of at public auction, sell after g iving thirty days public notice thereof, on thf,1*"fv iin s aid town. a credit of twelve months, any of the lands laid off" in the plat of said town, except the streets leading to, and the street on the Congaree river, either by large or small parcels, as to them shall seem proper, and for such price as can be pro cured therefor, so that such sale be not for less than seven guineas per acre. Provided also, That the power hereby vested shall not extend to authorize the sale of any lots of land which lay within the bounds of the streets known by the name of Pickins street, Gadsden street, Divine street and Plain street. Ande b it further enacted by the authority Vendue aforesaid, That vendue masters hereafter selling ™^™t0 any lots or squares within the limits of the town commissi- of Columbia, shall receive their commission only ^'tsu°jlvaon for such lands as shall be sold and actually paid ments.Pay for. Ande b it further enacted by the authority Purclias. aforesaid, That the purchasers of lots of land ^j"^1* without the boundaries aforesaid, shall be per- the bcun- mitted to erect thereon dwelling; houses of anv di- {Janes to » - b ulk! as mensions o r ot any materials they may choose ; they may any law to the contrary thereof notwithstanding. cIloose- eAnd b it further enacted by the authority a square aforesaid, That the commissioners of Columbia * h^™~ be, and they are hereby authorized to convey to the mis,. Thomas Taylor, James Taylor, George Wade, tee«- ( 2 38 ) James G reen Hunt and Benjamin Waring, an4 their successors as trustees for the free school at Columbia, one of the out squares of four acres, of the land reserved for the use of the public in the said town of Columbia, for the use of the said free school. In t he Senate House, the twenty-first day of December, in the year of our Lord one tliou-. sand seven hundred and ninety-tnvo, and in the seventeenth year of the Independence of the United States of America. DAVID RAMSAY, fPresident o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A to establish a new county, to. be formed out of the counties of Claremont and Claren don, and for other purposes therein mentioned. WHEREAS t he inhabitants of certain parts of Claremont and Clarendon counties are desirous of having a new county formed out of the said two counties of Clare mont and Clarendon. And whereas the same will be conducive to the convenience of the said counties : tBe i enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the Balem same, That from and immediately after the pass- formed. m& °^ *^"s act' a new countv SUiU^ ^ formed out of the aforesaid counties of Claremont and Cla rendon, and shall be known and distinguished by the name of Salem county, and shall have the following lines and boundaries, to wit : the line to form the said county shall begin at the dis: ( 2 39 ) trlct l ine of Georgetown, on Black river, and shall from thence run on the said line to Lynch's preek ; from thence up the said creek to the line of Kershaw county ; then on said line to Scape, whore swamp; thence down Scapewhore swamp to Black river, and down Black river to the be ginning on Georgetown district line ; which said county shall be entitled to county courts, to be holden as follows : the judiciary courts on the first day of April and September, and the inter mediate courts on the third Mondays of June and November in every year; which courts shall hold, exercise and enjoy the several powers, ju risdictions and authorities as are by law vested in the county courts of this state, and that the said county shall be and is hereby considered as a part of Camden district. eAnd b it enacted by the authority aforesaid, Commis- That James Dickey, Thomas Wilson, John»"?^*P- Singleton, Thomas Chandler and John M'Kel- v°m e veen, shall be and hereby are appointed com missioners with full powers to fix on a conveni ent place for the erection of a court-house and gaol for the said county. eAnd b it enacted by the authority aforesaid, Manner of That the inhabitants of that part of the said county, (formerly included in Claremont coun ty,) herein and hereby established, shall be enti tled to vote at all elections for members of the legislature to represent them in the legislature of this state, at the court house of said county, and their votes shall be counted with the votes of the inhabitants of Claremont county as here tofore; and the inhabitants of that part of said county, heretofore included in Clarendon county, shall be entitled to vote for members to represent them in the legislature at the house of ^frs, Benbow ; and the managers of such electi- ( 2 40 ) ons s hall meet two days after the close of such elections, at the court house, the managers of the election held within and for the county of Clarendon, to count the votes and declare ihe persons duly elected; and the inhabitants of said county shall vote for a senator in common with the counties of Claremont and Clarendon, and the votes shall be counted together with the votes of the inliabitants of Claremont and Cla rendon counties. And the inhabitants of said county of Salem, shall and may vote for a mem ber of congress at the places of election herein before mentioned, and their votes shall be re turned and counted with the votes of the other inhabitants of Camden district, in the manner prescribed by law for the election of members of congress. In t he Senate House, the twenty-first day of December, in the year of our Lord one thou sand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States of America. DAVID R AMSAY, President o f the Senate. JACOB R EAD, Speaker of the House of Representatives. AnCT A to prevent the obstructions to the pas sage offsh up Big Lynch's creek. WHEREAS s undry persons, inhabitants of the several counties of Chesterfield, Darlington, Kershaw and Lancaster, as by their petition to the legislature is set forth, have ex perienced many inconveniences by obstructions to the passage of fish up Big Lynch's creek : In remedy whereof, ( 2 41 ) tBe i 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 any person or persons, who now Persons have, or hereafter may erect any fish dam or fish dams, mill dam or mill dams, hedge or hedges, leave'frea or other obstruction or obstructions whatsoever, j?oars^e across Big Lynch's creek, shall, after the passing of this act, from time to time, and at all times be tween the fifteenth day of February and the first day of April in every year, provide and keep a passage at least eight feet wide, sufficient to let fish freely pass up through such fish dams, mill dams, hedges and other obstructions across the said creek. Ande b it further enacted by the authority aforesaid, That any person or persons who shall Penalty for neelect or refuse to provide and keep such pas- "effecting i ■ o r rctusm^ sages a aforesaid, in his, her or their dams, hed- to keep ges or obstructions as aforesaid, shall, for every such P"*- day he, she or they so refuse or neglect, respect- sase" ively, forfeit and pay the sum of six pounds law ful money of this state, to be recovered in any court of record having jurisdiction, by any per son who shall inform and sue for the same, one moiety to the slate for the use of the county where such suit shall be prosecuted, and the other to the person informing and suing for the same. Provided nevertheless, That no person or persons shall be liable to the forfeiture afore said, who shali, during all the time aforesaid, keep open a canal of the width of eight feet, communicating immediately with the said creek above and below his, her or their respective mill dam, and of sufficient depth for the free passage of fish. Ande b it further enacted by the authority This act* aforesaid, That this act shall be deemed and ta- Public act ( 2 42 ) keno t be a public act, and judicially taken no tice of as such without special pleading, and liberally construed for carrying the purposes aforesaid into effect; In t he Senate House, the twenty-first day of December, in the year of our Lord one thou sand seven hundred and ninety-two, and irt the seventeenth year of the Independence of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB R EAD, fSpeaker o the House of Representatives. AnCT A to ascertain and fix the lines of divi sion between the counties of Kershaw and Lan caster, and also those between the said county of Kershaw and the county of Claremont, and between the said counties of Kershaw and Richland. WHEREAS b y an act, entitled, " an act to establish a county and county courts in the district of Kershaw," passed the nineteenth of February, one thousand seven hundred and ninety-one, Jolin Simpson, Doug-> lass Starke, Isham Moore, Philip Pearson, Thomas Ballard, Benjamin Waring and Samuel Boykin, were appointed commissioners to sur vey the lines between the aforesaid counties, and to report to the legislature thereupon. And whereas the said commissioners have reported in conformity to the directions of the above mentioned act : tBe i therefore enacted by t/ie honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au-> thority qf the same, That from and after the ( 2 44 <) fpassing o this act, the line to divide the conn- Dividing ties of Kershaw and Lancaster, shall commence line bc- at and run from Starke's ferry on the east side Lancaster of the Wateree river, in a direct line to the ford a111 Ker- of Hanging- Rock creek, on the mam road lead- counties. ing from Camden to Waxau s ; from thence down the main Charleston road to George Mil ler's ; thence in a direct line to Harrison's ford on Great Lynch's creek ; and that the same shall be, and are hereby declared to be the dividing lines between the said counties of Kershaw and Lancaster. eAnd b it further enacted by the authority aforesaid, That the line to divide the counties of Kerlhaw Kershaw and Ciaremont shall commence atandandckre- run from Spivey's ferry aforesaid, in a direct monL line, running to the fork of the road at Garret's old field ; from thence to the mouth of a small gut which runs out of the Wateree river to Swiit creek, above general Sumter's plantation ; from thence up the middle of said gut to the Wate ree river ; and that the same shall be, and are hereby declared to be the dividing lines between the aforesaid counties oi" Kershaw and Ciare mont. Ande b it further enacted by the authority ■ajbresaidy That the line to divide the counties Between of Kershaw and Richland, shall commence at Kershavr and run from the Wateree river, immediately J^ opposite to the point or mark terminating the tines of division between the two aforesaid coun ties of Kershaw and Ciaremont, to Spear's creek, below the mouth of Ragling's creek, in Richland county; from thence up Ragling's creek aforesaid to John Dougherty's on Twen ty-five Mile creek ; from thence in a direct line to the mouth of Colonel's creek on the Wateree river; and from thence across the Wateree river 2G ( 2 44 ) to S tarke's ferry aforesaid ; and that the same! shall be and are hereby declared to be the divid ing lines between the said counties of Kershaw and Richland. In t he Senate House, the twenty-first day of December, in the year of our Lord one thou sand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB R EAD, Speakerf o the House of Representatives. AnCT A to obtain a more accurate Survey and Map of the State. BE i t enacted by the honorable the Senate and House of Representatives, now met and sit ting in general assembly, and by the authority of the same, That Joseph Purcell be, and he is hereby appointed geographer to the state ; and he is hereby vested writh full power and authority to survey all the rivers, creeks, high roads, state lines, district lines, county lines, and parish lines of the state ; and when the said Joseph Purcell shall have completed his said survey, he, his heirs and assigns, shall have the sole right of publishing and vending the map thereof for the term of twenty years, to commence from the day of first publishing the same : Provided the said map is not drawn on a smaller scale than ten miles to an inch ; and if any person or per sons shall pirate, sell, publish, or expose to sale within the said term, without the consent of the said Joseph Purcell, his heirs or assigns, the map so to be drawn and published by the said Joseph Purcell, such offender or offenders shall ( 2 45 ) oforfeit t the said Joseph Purcell, his heirs and assigns, such map or maps, and also the sum of two pounds for every other map of the same kind found in his, her or their custody, to be recovered in any court of common pleas in the state, by action of debt in which no wager of law, essoine, privilege or protection, or more tlian one imparlance shall be allowed. Provid ed, That nothing contained in this act shall ex tend, or be construed to extend to prevent any other person from surveying this state, or any part thereof, and publishing a map of his survey for the emolument of himself or his assigns. In the Senate House, the twenty -first day of December, in the year of our Lord one thou sand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB R EAD, Speakerf o the House of Representatives. CTAn A to alter the line of division between the counties of Laurens and Greenville. WHEREAS a n umber of persons, inha bitants of the upper end of Laurens county, by their humble petition to the general assembly, have represented many inconvenien ces which they are under from the line of divi sion, as now established between the aforesaid two counties : Bet i 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 as soon after the pass ing of this act as may be convenient, the divi ( 2 46 ) s:on l ine between the said two counties of Lau rens and Greenville shall be run from the ford on Enoree river, opposite Zadack Ford's, in a direct course to the widow Kiiiit's on Reburn's creek, and from thence along the old Indian boundary line to Saluda river; and that the lines so run shall hereafter be deemed the division line between the aforesaid two counties. In t he Senate House, the twenty -first day of December, in the year of our Lord one thou sand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States of America. DAVID R AMSAY, fPresident o the Senate. JACOB R EAD, Speakerf o the House of Representatives. AnCT A to incorporate the general committee for the Charleston Baptist Association Fund. HEREAS t he reverend Richard Fur- w man, Edmund Botsford, Alexander Scott, Henry Holcombe, Benjamin Moselev, James Sweat, Bradley Rame, Isham Gardner and Stephen Nixon, have, by their petition, prayed to be incoiporatcd for certain pious and laudable purposes, by tlie name of " The Gene ral Committee for the Charleston Baptist Asso ciation Fund : " liet i therefore enacted by the honorable the Charles- Senate and House of Representatives, now met t°nBa?u?t a?id sitthif in general assembiu, and bu the au- on Assorrtti- F und thority of the » same, That the said petitioners, incorpo- a nd their successors, appointed or elected, or to be a ppointed or elected, according to the form, ( 2 47 ) andn i the manner prescribed or to be prescrib ed by the rules and regulations of the said com mittee, shall be, and they are hereby incorpo rated as a body politic and corporate, in deed and in law, by the name of " The General Com mittee for the Charleston Baptist Association Fund." eAnd b it further enacted by the authority aforesaid, That the said corporation, by their said cor- name aforesaid, shall have perpetual succession porationto of officers and members, to be appointed or petuai suc- elected in such manner and according to suchce?sioiiof form as may be prescribed by the rules and re- °11j"m. gulations now existing or hereafter to be made bers, &c. for the government of the said corporation, and that they shall have a common seal, with pow ers to change, alter and make new the said rules and regulations, and common seal, as often as they shall judge expedient. Ande b it further enacted by the authority aforesaid, That the said corporation shall be able said cor- and capable in law to purchase, have, hold, take, p°ration . r , . 7 . ,„ '. may hold receive, p ossess, retain and enjoy to itselt in per- propcrty, petuity or for any term of years, any estate, real »" hold, take, possess, retain and enjoy estate, &c. all such estates, real or personal, money, goods, chattels and effects as they are now entitled unto. And be it further enacted by the authority This act aforesaid, That this act shall be deemed and tak- dcciarcda en to be a public act, and all courts in this state public a ct. , „ , 1 . , r i 11 shall t ake notice thereof as such, and the same may be given in evidence without special plead ing- /// t he Senate House, the twenty-first day of December, in the year of our Lord one thou sand seven hundred and ninety- two, and in the seventeenth year of the Independence of the United States of America. DAVID RAMSAY, fPresident o the Senate, JACOB READ, Speaker of the House of Representatives. CTAn A to ascertain and fix the line of division between the parishes of St. Peter's and St. Luke's, and for other purposes therein men tioned. WHEREAS t he commissioners appoint ed under and by virtue of a resolve of the legislature of this state, to run and ascertain the line of division between the parishes of St. Peter's and St. Luke's, having, by their report, recommended that die main waters of the Great Swamp, as far up as the fork, at the plantation, of the widow Brantley ; from thence up the east ernmost branch of the said Great Swamp to the plantation of John Audibert, where the said branch joins Cyprus creek ; and from thence ( 2 49 ) down t he,said Cyprus creek to the main swamp . of Coosawhatchie, as a proper dividing line be tween the said parishes : tBe i enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That from and after the passing of this Dividing act, the said main waters of the said Great linebe- Swamp, as fur up as the fork , at the plantation peters and of the widow Brantley; from thence up the St Luke* easternmost branch of the said Great Swamp, pam e*' to the plantation of John Audibert, where the said branch joins the Cyprus creek ; and from thence dou n the said Cyprus creek to the centre of the main swamp at Coosawhatchie, shall be, and the sume is hereby declared to be the divid ing line between the said parishes of St. Peters and St. Lukes ; any law, usage or custom to the contrary notwithstanding. And w hereas, a division of the board of com missioners of the high roads will be more for the convenience of the inhabitants of die said parish of St. Peters: tBe i further enacted by the authority afore said, That the commissioners appointed for the Black road leading from the Great Swamp bridge to £™adnp d the Sisters ferry, and the upper part of the parish, Purys- shall be known and distinguished by the name P"r£h of the Black Swamp board of commissioners, commU- and those who shall be appointed for the road «ioner». leading from the Sisters ferry road to Purys- burgh, and the lower part of the parish, by the name of the Purysburgh board of commissi oners. eAnd b it further enacted by the authority 'Onceom- efbresaid, That Joseph Lauton shall be, and he added to is hereby appointed a commissioner for the high eacl> boaf<* roads in St. Peter's parish, to join the Black ^one™,"""" < ( 2 56) Swamp b oard, and Peter Porcher, sen. a com missioner of the said road to join the Purys- burgh board. In t he Senate House, the twenty -first day of December, in the year of our Lord one thou sand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A to reimburse sundry Inhabitants of Beaufort district the sum therein mentioned, and to make an appropriation thereof in con formity with their petition. WHEREAS s undry inhabitants in Beau fort district, have, by subscription con tributed the sum of four hundred and ninety pounds sterling, towards the erection of a gaol widiin one mile of Coosawhatchie bridge. And whereas they have, by their petition preferred to the legislature, prayed that the said sum of four hundred and ninety pounds should be reimburs ed by the state, and granted to the president and members of the society for promoting and en couraging the education of children, and assist ing and establishing schools in that district : Bet i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au thority of the same, That the said sum of four hundred and ninety pounds, shall be, and the same is hereby vested in the said president and members of the said society, for the purposes in their petition mentioned, on tlie following terms ( 2 51 ) and c onditions, that is to say : The said presi dent and members of the said society, or any person by them appointed, shall be entitled to receive from the treasurer of the state aforesaid, annually and even' year during the term of five years, tor the use, benefit and behoof of the said society, the interest of the said sum of four hun- di ed and ninety pounds, and at the expiration of the said term, shall be and diey are hereby en titled to receive the aforesaid principal sum of four hundred and ninety pounds. In t he Senate House, the twenty-first day of December, in the year of our Lord one thou sand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. CTAn A to alter and amend an Act, entitled, " An act for incorporating divers religious societies therein named " so fur as the same relates to the Presbyterian Church on Edisto Island. WHEREAS b y an act of the legislature of this state, entitled, " An act for in corporating divers religious societies therein na med," the members of the Presbyterian church on Edisto Island, and their successors, were declared to be severally one body corporate, by the name and style of the Presbyterian Church on Edisto Island, and were made capable in law, to purchase, have, hold, receive and enjoy, pos sess and retain to them and their successors, in perpetuity or for any term of years, any estate or estates, lands, tenements or hereditaments, of ' . 2H ( 2 52 ) what k ind or nature soever; and also to hold and receive, possess, enjoy and retain all such other estates, real or personal, money goods, chattels and effects, which they are now possess ed of or are entitled unto, or u hich have been already given, devised or bequeathed unto them, by whatever name such devise or bequest may have been made, as by the said act, reference being thereunto had, will more fully and at large appear. And w hereas, Divers persons professing the Presbyterian religion, and members of the said incorporated Presbyterian Church on Edisto Isl and, by their humble petition to the legislature of this state, did set forth, that previous to their incorporation by the aforesaid act, divers well disposed and charitable persons, made consider able gifts of real and personal estates to trus tees, for the use and behoof of those professing the Presbyterian religion on said island of Edis to; and that no power or authority being given by the said act to the said corporation, to divest the said trustees of the property entrusted to them as aforesaid, in consequence whereof the same may be either greatly diminished or total ly lost by their mismanagement or insolvency ; (hey therefore prayed, diat as the said corpora tion are fully competent to the direction and management of their own concerns, and die rea son for appointing said trustees no longer ex isting, that the said corporation be authorized and empowered to call to account and compel all and every person or persons whomsoever, holding or retaining any estate, real or personal, in trust or otherwise for said corporation, to surrender, pay over and deliver up the same to such person or persons as the said corporation sh: .11 or may from time to time elect for that pur ( 2 53 ) pose, f or the sole and particular use, benefit and behoof of the said corporation : tBe i therefore enacted by the lionorable the Senate and House of liepresentatives, now met and sitting hi general assembly, and by the au thority of the same, That it shall and ma} be lawful to and for the said corporation of the Pres byterian church on Edisto Island, from time to time as occasion may require, to elect, nomi nate and appoint such person or persons as the . said corporation may think proper, who, in be half of the said church or corporation, shall be and arc hereby fully authorized and required to call to an account, and compel by suit or other wise, all and every person or persons whomso ever, having, holding, retaining or possessing any estate real or personal, in trust or otherwise lor the use, Ixmefit and behoof of the said Pres byterian church or corporation on Edisto Isl and, to surrender and deliver up the same, which said estate, real or personal, monies, goods or chattels, so to be accounted for and delivered up, shall be held by such corporation to, for and upon the several trusts and confiden ces in the several devises, conveyances or trust deeds, giving or granting the same, expressed, and to and for no other trust, use or purpose whatsoever: and for the indemnification of said trustees, and all others concerned, who shall or may be elected for the purpose aforesaid by the said corporation, be and are hereby empowered and required to execute sufficient releases and discharges for releasing and discharging all and every person or persons, who may surrender and deliver up the estate or estates held by them in trust as aforesaid, for the use, benefit and behoof of the said church, or corporation on Edisto Island. ( 2 54 ) eAnd b it further enacted by the authority aforesaid, That this act shall be deemed and ta ken as a public act, and notice thereof shall be taken in all the courts of justice and elsewhere in this state, and shall be given in evidence with out special pleading. In t he Senate House, the hventy -first day of December, in the year of our Lord one thou sand seven hundred and ninety-two, and in the seventeenth year of the. Independence of the United States of America. DAVID R AMSAY, Presidentf o the Senate, JACOB R EAD, Speakerf o the House of Representatives. AnCT A to extend the time for rebuilding the bridge over Ashley i-'wer, which was vested in the late Col. Richard Hampton, his heirs and assigns, by act of the legislature. WHEREAS J ohn Ewing Calhoun and William Fishburn, esquires, nominated executors of the last will and testament of the late Richard Hampton, esquire, deceased, have presented a petition, setting forth sufficient rea sons why the time prescribed and limited in and by the acts of the legislature for rebuilding the bridge over Ashley river, vested by law in the said Richard Hampton, and his heirs and assigns, which hath been lately destroyed, should be ex tended : Bet i therefore enacted by the honorable the Senate and Mouse of Representatives, now met and sitting in general assembly, and by the au thority of the same, That the time so prescribed and limited for rebuilding the said bridge in and by the acts of the legislature in such case ( 2 55 ) made a nd provided, be extended to the term of two years, to commence immediately from and after the passing of this act ; and the representa tives of the said Richard Hampton, deceased, shall not be liable to any penalty or forfeiture for not rebuilding the same within that time; any law to the contrary thereof notwithstanding. And w hereas, The navigation of the said ri ver is very materially injured by a tedious de tention of vessels at the said bridge, and the pass ing over the bridge has been, and is liable to in terruption for a considerable time, by reason that it cannot be passed over "while the floor is elevated for the passage of vessels ; and as it is represented that the draw part of the said bridge was injudiciously placed heretofore: therefore, tBe i enacted by the authority aforesaid, That the proprietor or proprietors thereof, be obliged to procure and keep in good conditi on, proper and sufficient anchors, with chains and buoys, and ropes affixed thereto, and placed in proper positions on each side of the bridge near the draw, in order to enable vessels to drag through and pass without detention, and with speed, safety and convenience — and that the draw be placed in such part of the bridge as will be most conducive to public convenience — and that James Simons, William Bellinger and Lew is Morris, be added as commissioners to John Lloyd, John Rutledge, Richard Hutson, James Ladson, Charles Drayton, John Mathews and Edmund Bellinger, commissioners named -and appointed in and by the act, passed the tenth day of March, one thousand seven hundred and eighty-four, to see that the said bridge be rebuilt, and ascertain the proper places for the draw, an chors, buoys, chains and ropes, according to law- And in case the proprietors of the said C 2 56 ) bridge s hall refuse or neglect to comply with the above requisitions for four weeks after being, warned thereto by either of the above named commissioners, he, she or they shall forfeit all right to receive any toll on account of the said bridge, until he, she or they shall comply with the above requisitions. In t he Senate House, the twenty-first day of December, in the year of our Lord one thou sand seven hundred and ninety -tivo, and in the seventeenth year of the Independence of' the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB READ, Speakerf o the House of Representatives. CTAn A to empower the president and wardens of the Indigo Society in Georgetown to esta blish a lottery. WHEREAS t he president and wardens of the Indigo Society in Georgetown, have, by their petition represented, that they have a fair prospect of establishing a seminar}" of learning, and that it would much promote their scheme for that purpose, if they could ob tain the power to establish a lottery : Bet i 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 Paul Trapicr, presi dent, and Hugh Horry and Daniel Tucker, se nior and junior wardens of the Indigo Society, and their successors, as a body corporate in law, under the name of the Indigo Society, shall have full power and authority, and they are hereby fully authorized and empowered to erect and ( 2 57 ) proceed t o the drawing, and finally to conclude a lottery lor the use and benefit of the said soci ety:. Provided they do not, by the said lottery, raise a fund exceeding four hundred pounds. In the Senate House, the twenty-first day of December, in the year of our Lord one thou sand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A to extend the time allowed by law to JFade Hampton and John C'ompty, respective ly, for building bridges over the Congaree and Brand rivers. WHEREAS W ade Hampton was autho rized by act of the general assembly, passed the nineteenth day of February, in the year of our lord one thousand seven hundred and ninety-one, to erect a bridge over Conga ree river, at a place called Fridig's ferry, with exclusive privilege annexed to said grant, with a condition thereunto annexed, that the said Wade Hampton, his executors, administrators or assigns, should be obliged to erect the said bridge within the term of two years. And whereas, after the said Wade Hampton had nearly completed the said bridge, the same was swept away and destroyed by an unusually high flood. And whereas, John Compty, by a clause in the act above referred to. was, in like manner, authorized to erect a bridge over Broad river, near the confluence of Broad and Saluda rivers, opposite his own land, with similar privileges and conditions annexed to his grant, which ( 2 5S ) bridge w as also nearly completed, and was swept away and destroyed by the same flood, and at the same time with the said Wade Hampton's; and as it is but just and reasonable that the time for rebuilding said bridges should be extended : Bet i 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 it shall and may be lawful for the said Wade Hampton, and for the said John Compty, to erect and rebuild their re spective bridges, on or before the first day of January, which will be in the year of our lord one thousand seven hundred and ninety-five ; and if the said bridges, or either, are erected or rebuilt within the time presented by this act, the owner or owners thereof shall be deemed and taken to have fully complied with the terms of his or their gsant or grants; any thing therein contained to the contrary hereof notwithstanding. In the Senate House, the twenty-first day of December, in the year of our Lord one thou sand seven hundred and ninety -two, and hi the seventeenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A to authorize the Trustees of Cam bridge College, in the district of Ninety-six, to establish a lottery for the benefit of tliat in stitution. WHEREAS i t has been represented, that the funds of the college of Cambridge, in the district of Ninety-six, are considerably deranged, and would receive considerable bene ( 2 59 ) fit f rom an authority to establish and draw a lot tery for the purpose of raising a sum for the be nefit of the said institution : Bet i therefore enacted by the honorable the Senate and House of Representatives, now met and silting in general assembly, and by the autho rity of the same, That the trustees ot Cambridge college, or any five of them, to lie appointed by a board of trustees for that purpose, shall have full power and authority, and they are hereby fully authorized and empowered to erect and proceed to the drawing, and to conclude a lottery for the use and benefit of the said institution : Provided they do not, by the said lottery, raise a sum ex ceeding five hundred pounds sterling. //; t he Senate House, the twenty -first day of December, in the year of our Lord one thou sand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States qf America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. CTAn A to allow John Clement to take and receive the same rates of ferriage as have been heretofore taken, for the term of seven years, after the expiration of the present term, and for other purposes therein mentioned. WHEREAS J ohn Clement has, at a con siderable expense and labour, made a causeway of considerable length across a marsh on Cooper river, opposite the place where Cle ment's ferry now is : tBe i therefore enacted by the honorable the Senate and House of Representatives, now met and s itting in general assembly, and by the au 2I ( 2 60 ) fthority o the same, That the said John Cle-> ment, his heirs and assigns, shall be, and they are hereby authorized to take and receive the same rate of ferriage as have been heretofore ta ken at the said ferry, for the term of seven years, after the expiration of the present term. eAnd b it enacted by the authority aforesaid. That the said John Clement, his heirs, execu tors, administrators or assigns, shall have per mission to stretch a rope, as well across Clout- er's creek as Cooper river, for the conveniency of his ferry boats : Provided nevertheless, That the same shall be let down at night, and as of ten in the day as the navigation of boats and ves sels in the said river shall require. And that the said John Clement, his heirs and assigns, shall be, and they are hereby empowered to erect a bridge over Clouter's creek, provided the same shall not impede the navigation of boats and vessels going through or in the same. In t he Senate House, the twenty-first day of December, in the year of our Lord one thou-' sand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States if America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. CTAn A for laying out certain roads, establishing' certain ferries and toll bridges, andfor other, purposes therein mentioned; and also to conti nue in force the laws for regulating the militia of this state. BE i t enacted by the honorable the Senate and House of Representatives, noxv met and sitting in general assembly, and by the au ( 2 61 ) thorityf o the same, That a public ferry shall be and is hereby established on Saluda river, at the Ann Rail'* plantation of Ann Rail, and that the said ferry jf^d°nri. shall be and is hereby vested in the said- Ann Vtr, estab. Rail, her heirs and assigns, for the term of four- listed.' teen years; and that it shall and ms»y uc lawful for the said Ann Hall, her heirs, executors, ad ministrators or assigns, to take and receive the following rates of ferriage and no other, viz. For every foot passenger, two pence ; for a led horse, two pence; for a man and horse, four pence ; for a waggon and team, two shillings and four pence; lor other four wheeled carriages and horses, two shillings and nine pence; for a chair or cart with one horse, one shilling and two pence ; for each head of black cattle, hogs, sheep or goats, one penny, and for each rolled hogshead of tobacco, eight pence: And that a Road to be public road shall be laid out on the south side of 'a"J out* said river, from the said fern' to Godfrey Drehr's missioned mill, to intersect the public road to Granby ; and appointed. on the north side, from the said ferry to fall into the public road leading to Lee's ferry, and that John Draft, George Monck and Godfrey Drehr, be commissioners on tlie south side, arid Tho mas Rail, George Boughtright and John Swy- gart, be commissioners on the north side of said river, to lay out and keep the same in repair. eAnd b it enacted by the authority aforesaid, That a public ferry shall bt, and hereby is estab- Joseph lished on Great Pedec, at the plantation of Joseph f™'^* . Burch, and shall be vested in the said Joseph Great Pc- Burch, his heirs and assigns, for the term of four- £c|:'.d8tab" teen years, and that it shall and may be lawful for the said Joseph Burch, his heirs, executors, administrators. or assigns, to take and receive the following rates, and no other, viz. when the wa ters are so low as to admit of crossing the river ( 2 G2 ) onlyy b short firry, for every foot passenger, tuoptr.ee; for each led horse, two pence; for a man and hor.se, four pence ; for a waggon and team, or other lour wheeled carriage and hors es, three shillings and six pence; for a chair or cart with one horse, one shilling and six pence; for each head of black cattle, hogs, sheep or goats, one penny; and double the said rates when the overflowing of the said waters makes Road from a long ferry necessary: and that a public raid GotlhoH's shaii bc laid out from Godbok's causeway, on to War-' Cat-fish creek, the nearest and best way to the bee bluff. Warhee bluff, and from thence to the said ferry, and from the said feny- on the south-west side of Pedee, to where the same sliall intersect the Cheraw road : and that another road shall be laid out, leading from the road that goes upon the east side of Cat-fish creek, to cross said creek at Oak Island, and from thence the near est and best way to the Warhee bluff, and from thence to be continued to wheie the same shall intersect the Pedee old road, on the north east side of Pedcc aforesaid: and that John M'Ree and Henry Futhey, in addition to the present board of commissioners for Ivberty county, lie, and they are hereby appointed commissioners to lay out and keep the said roads in proper repair: that all male inhabitants liable to v\ ork on pub lic roads, that live within five miies on the south east side of said roacL leading by Oak Island, and that all male inhabitants liable as aforesaid, who live within one mile on the north-west side of said creek, be, and they are hereby declared liable and compellable to work on the said roads any number of days, not exceeding twelve days in each year; and that all male inhabitants liable as aforesaid, within five miles of the road lead ing from Godbolt's to Warhee's bluff, be, and ( 2 63 ) they a re hereby compellable to work en said road any number of days not exceeding twelve days in one year. And w hereas, by an act of the legislature, passed the nineteenth day of February, in the year of our lord one thousand seven hundred and ninety-one, and entitled, " An act for esta blishing the upper line between the parishes of Prince George, Prince Frederick, and Liberty county," the lines of the said parish of Prince George have been extended without extending the powers of the commissioners of the roads within the same, as far as the line of the said pa rish : tBe i therefore enacted by the authority afore said, That the commissioners of the roads with- Tiiepow- in the said parish of Prince Georee, shall be and crs of ?'": arc hereby vested with all such powers in the oners of said parish as other commissioners of roads are ro:i(ls fjr generally vested with, and shall have the autho- George's rity to add to their present number, a certain parish ex- number of commissioners equal to that of those ten e ' who were formerly appointed in that part of Williamsburg now added to Prince George, by the extending of the above mentioned line. And further, that the commissioners of the roads for the said parish, and the commissioners of Williamsburg, shall divide between them into equal parts, all that road leading from Lenud's ferry on Santee, to Britten's ferry on Pedcc, and dividing the said parish and county, and mutually work upon the same. And w hereas also, an act of the legislature, passed the nineteenth day of February, in the year of our lord one thousand seven hundred and ninety-one, and entitled, " An act for open ing and improving the navigation of Great Pe- dee, Wateree, Congarec, Broad river, Savan ( 2 64 ) nali, K eowee, Tugaloo, Black river, and others, so far as it respects the limits for working upon Black river, docs not appear sufficiently exten sive : tBe i therefore enacted by the authority afore- inhabit- Sr,i(l, That all persons residing within six miles ii"b!™todc of the said river, shall be liable to work upon the work on same, in the manner and under the fines and pe- 'ver** " n^hies mentioned in the said act And also, that Robert M'Conntll and John M'Clary, esquires, be added to the present number of commission ers for opening and improving the navigation of the said river. eAnd b it further enacted by the authority Roadtobe aforesaid, That a public road shall be lakl out the hudout neurest and best wav from Cathawav's ferry on away'bter. Great 1 edee, to Gibson's ferry on Little 1 edee, rjtoGib- anj fat Cornelius Mandeville, George Cherry, tMy' Francis Kennedy, Philip Bethay, James Graves and Stephen Gibson, be, and they are hereby appointed commissioners for laving out the said road and keeping the same in repair, and are hereby fully authorized to call out the male in habitants, from sixteen to fifty years of age, re siding within four miles of said road, to work thereon for any number of days not exceeding twelve in one year. Ande b it enacted by the authority aforesaid, Road from That a public road shall he laid out the nearest briSKT a nd best TOy from colonel Wade Hampton's the white bridge on Savannah river, opposite Augusta, to ponds. the White ponds ; and tlrat Walter Robinson, John Lowe and Joseph Red, be and are hereby appointed commissioners for laying out the said road and keeping the same in repair; and are hereby fully authorized to call out all the male inhabitants, from sixteen to fifty years, residing within ten miles of said road, to work thereon ( 2 G5 ) for a ny number of days not exceeding twelve irt one j ear. And x vhereas, by an act of the general assem bly, ratified on the twenty-seventh day of Fe bruary, one thousand seven hundred and eighty- eight, commissioners were appointed to lay out and keep in repair a road leading from the lower bridge on Black river, to Lenud's ferry on San- tee; and by another act of the general assembly, passed the thirteenth day of March, one thou sand seven hundred and eighty-nine, the said commissioners were authorized to call out all the male inhabitants, from the age of sixteen to fifty years, within eight miles of the same, to work on the said road: And whereas, the proportion of the inhabitants liable to work on the said road, has been so targe as to cause the other roads in the parish to be too much neglected : tBe i therefore enacted by the authority afore said, That the above recited acts be so far re- Certain pealed as to take away the exclusive right of the aUv re-1^" said commissioners to call on all the male in- pealed, habitants of the age prescribed by law within the above named distance ; and that the said commissioners be added to the board of com missioners of the upper part of Prince Frede rick's parish, and that the said road be put on the same footing as the other public roads in the said parish ; any law, usage or custom to the contrary thereof in any wise notwithstanding. Ande b it further enacted by the authority aforesaid, That a public road shall be laid out Ronds to from Orangeburgh the nearest and best way to be laid out James Johnston's bridge on South F AnCT A for relieving and exempting John Wells from banishment. WHEREAS J ohn Wells, by his humble petition to the legislature of this state, hath prayed to be relieved and exempted from the pains and penalties of the act of confiscation and banishment: tBe i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au thority of the same, That the said John Wells shall be, and is hereby relieved and exempted from banishment, and is and shall be permitted ( 2 87 ) to r eturn to and remain in this state, any law to the contrary thereof in any wise notwithstanding. In the Senate House, the tiventy-first day of December, in the year of our Lord one thou sand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States of America. DAVID RAMSAY, fPresident o the Senate. JACOB READ, Speaker of the House of Representatives. CTAn A to exempt JVUliam Carson from thepains andpenalties of the act of confiscation and ban ishment, so far as it relates to his banishment. WHEREAS, W illiam Carson hath peti tioned the legislature that he may be freed and exempted from the pains and penalties of the act of confiscation and banishment : , Het i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the autho rity of the same, That the said WillLm Carson shall be and is hereby relieved and exempted from banishment, and is and shall be permitted to return to and remain in this state, any law to the contrary thereof in any wise notwithstanding. In the Senate House, the twenty -first day of December, in the year of our Lord one thou sand seven hundred and ninety -two, and in the seventeenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. ENDf o the ACTS of December, 1792. At a G eneral Assembly, begun and holden at Columbia, on Mon? day the twenty-sixth day of November, in the Year of our Lord one thousand seven hundred and Ninety-two, and from thence continued by divers adjournments to the twenty-first day of December in the Year of our Lord one thousand seven hundred and Ninety-three, and in the eigh teenth Year ofthe Independence of the United States of America. AnCT A to enable the circuit court of George town, 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 h o/ding the courts in Ninety- Six district ; for t he better advancement of justice in the courts of law and equity; and for other pur poses therein mentioned. H£REAS t he docket of the causes for w trial at the Georgetown court hath be come so large, that the usual time allowed by law for the said court to sit is insufficient for the dispatch of all the causes : tBe i enacted by the honomble the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the when the same, That it shall and may be lawful for the BhaUbe11* judge or judges, who shall or may preside at the held in next courts of sessions and common pleas, to be townfe holden for the district of Georgetown, to assem ble and hold the said courts on the twenty-eighth day of March next, instead of the first day of April, and the said judges are hereby required to proceed on the twenty-eighth day of March next in the said court to the dispatch of business, in the same way they would and ought to do, on the first day of April next, if this act had not ( 2 89 ) been p assed; and the writs of venire facias, for assembling of jurors for the said courts of ses sions and common pleas, shall be issued accord ingly, and all such jurors shall be summoned to appear at the said court on the said twenty- eighth day of March next, in like manner, and subject to the same penalties as are prescribed in cases where the said courts meet at the time heretofore fixed by law : and all sheriffs, coro ners, constables, justices, prosecutors and wit nesses, whose duty it is to appear at the said courts on the first day of April next, shall be, and they are hereby required, under the same penalties, respectively to appear at the said courts, on the said twenty-eighth day of March next ; and all writs and process, and judicial proceedings, being returnable, continued, or having day in court on the first day of April next, shall be returned and continued to the twenty-eighth da}- of March next, and shall then have day in court, in the said court, in like man ner as they would have on the first day of April Said court next, if this act had not passed; and the said *? sit.*en court shall continue to sit ten days, if the busi- cessary. ness thereof shall so long require. And w hereas, From the magnitude of the docket in the district of Ninety-six, it is neces sary to extend the time for holding the courts for said district : Bet i therefore enacted btj the authority afore said, That the time of holding the courts of ge- Tiietime neral sessions of the peace and of common pleas couru at Cambridge, in and for the district of Ninety- at Cam- six, at the ensuing April term, shall be, and the J^gj0*" same is hereby extended to fifteen juridical days en c ' frbm the commencement of the term, if the bu siness of the said courts, or either of them, shall require it; and that two of the judges of the said ( 2 90 ) Two j udg courts b e, and they are hereby required to at es requir tend at Cambridge during the said term, for the ed to at tend said purpose of holding the said courts ; and that in courts. case the said court of sessions shall adjourn be fore the court of common pleas, that the judge, who shall preside in and hold the same court of sessions, shall take his seat and assist during the session of the court of common pleas, till the end of the term, or until all the causes ready for trial are dispatched. And w hereas, Doubts have arisen whether lands and tenements are liable to be taken in ex ecution under a decree on summary process in the courts of common pleas : Bet i further enacted by the authority afore- Lands l ia said, That all decrees on summary process, on ble to cx- being duly docketed in the said courts, shall be e ution under as effectual to bind the lands and tenements of summary the defendant, as other judgments ; and the exe process. cution thereupon shall and may be levied upon the lands and tenements, in like manner as other executions have been and may be levied. Ando t furnish an adequate remedy at law against executors and administrators, in cases where one or more may be out of the state : tBe i further enacted by the authority afore Remedy said, That in cases where there are two or more againstx e executors or administrators to any estate, and ecutors or adminis any one or more of them hath withdrawn or shall trators, withdraw or reside out of the state, it shall and where one may be lawful for any creditor, or person hav or more of them are ing right or cause of action against such estate, out of the to sue out his writ against all the executors or state. administrators, naming and setting forth therein the executor or administrator, one or more, who is pr are out of the state; and the said writ being executed in the usual form upon those who are widiin the state, the suit shall be deemed to be C 2 91 ) good a nd effectual in law to al! intents and pur poses; saving only that the judgment in such cases shall not extend to work any devastavit upon the person or persons so absent, or to affect him, her or them in their private right. And w hereas, The act, entitled, " An act to establish a court of equity within this state," di rects that the said court shali sit at Columbia for all causes where the deilnd^nt shall reside in Camden, Orangeburgh and Chcraw districts; at Cambridge, lor all causes where the defendant shall reside in the district of Ninety-six; and at Charleston, where the defendant shall reside in either of the districts of Charleston, Beaufort or Georgetown ; but the said act makes no provi sion for the trial of causes where there are two or more defendants, some residing in districts ranged under one of sud couits, and seme in districts ranged under another: tBe i further enacted by tte authority afore said, That where there are several dciendants, How to residing1 in different districts, ranged under dif- V"'-ced- ferent courts, the complainant shall commence ft.-a nts and pursue his proceedings in that court v. hici i reside in takes cognizance over the districts in which the ^^"2 greatest number of defendants shall reside; but where an equal number of the defendants reside in districts ranged under different courts, the complainant may elect in which of such courts he will commence his proceedings ; and the judges of the said court of equity shall and may make all proper and necessary rules for carry ing the intention of this clause into effect. Whereas, C onsiderable inconveniences have arisen from the present mode of assessing, ap portioning and collecting the county taxes in the several counties in this state, where county courts are established : 2N ( 2 92 ) tBe i further enacted by the authority afore-- Judges of said, That in future the judges of the county- county courts, in the said courts, shall be, and they are assess, ap- hereby empowered to assess, apportion and col- portion lect the county taxes, within their counties re- couMyta* spectively, for the purpose of defraying the coun ty expenses, according to the most equitable plan whereby the same can be assessed, appor tioned and collected, any law, usage or custom to the contrary thereof notwithstanding. In t he Senate House, the txventy-first day of December, in the year of our Lord one thou sand seven hundred and ninety-three, and in the eighteenth year of the Independence of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB R EAD, fSpeaker o the House of Representatives. AnCT A for the election of commissioners of the poor in those counties where county courts are established. WHEREAS i t is found necessary that commissioners of the poor be elected in those counties, where county-courts are established: Bet i 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 five commissioners of the poor, in each of the counties where count)' courts are established, shall be elected at the same times and places, and in the same manner and form, and die elections shall be conducted by the same persons as are named for that purpose in the act, entitled " An act authoriz ( 2 93 ) ing t he inhabitants of the election districts, where county courts are not established, to choose commissioners of the poor," and that the commissioners so to be elected shall have all the authority, powers and privileges, which are vested in, and be liable to all the pains and pe nalties which are imposed upon the commissi oners of the poor by that act, to the end that the said act shall be in full force and compleat ope ration, in all the counties in this state where county courts are established. In t he Senate House, the txventy-frst day of December, in the year of our lord one thou sand seven hundred and ninety-three, and in the eighteenth year of the Independence tf the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A for the trial and punishment of per sons guilty of murder or manslaughter, and their accessaries, inhere the deceased may be ■wounded, poisoned, or otherwise injured in one district, and die thereof in another. WHEREAS i t is necessary to provide some mode for trying and punishing persons guilty of murder, manslaughter or ho micide, in cases where the mortal wound or in jury may be given or done in one district, and the party wounded or injured may die thereof in another : Bet i therefore enacted by the hcnorable the Senate and House of Representatives, new met and sitting in general assembly, and by the au thority of the same, That where any person shall be feloniously struck, wounded, poisoned, ( 2 94 ) or o therwise injured in one district, and die thereof in another, any inquisition or indictment thereon found by jurors or" the county or district where the death shall happen, whether it be found before the coroner upon the sight of such dead body, or before the justices or peace, or other justices or commissioners lawfully autho rized to enquire of such offences, shall be as good and effectual in the law, as if the stroke, wound, poisoning or other injury hud been com mitted and done in the same county or district where the party shall die ; and the person or per sons guilty of such striking, wounding, poison ing, or other injury, and every accessary thereto, either before or after the fret, slull be tried br and before the same court, and (if convicted) punished in the same mode, manner and form, as if the deceased had suffered such striking, wound ing, poisoning or other injury in the same county or district w here he, she or they thereof died. In t he Senate House, the ttventy-Jirst day of December, in the year of our Lord one thou sand seven hundred and ninety-three, and in the eighteenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB R EAD, fSpeaker o the House of Representatives. AnCT A to incorporate the Vigilant Fire Com pany in Charleston. WHEREAS t he Vigilant Fire Company in Charleston have, by their petition, prayed to be incorporated, and it appears that their views are laudable, and their association beneficial to the citizens of Charleston : ( 2 95 ) tBe i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au thority of the same, That the said company shail v; pliant be, and they arc hereby incorporated as a bod} ^ f, c™r"_ politic and corporate, and shall be known in deed ported, and in law, by the name of " The Vigilant Fire Comp.tny." eAnd b it further enacted by the authority aforesaid, Th«t the saiel company, by their Shnli have name aforesaid, shall have perpetual successioi su'rc.*"rn of officers and members, to be elected in s>uch otofii. era manner and ac-oruinr; to such form as may befnt,mcmr_ prescribed by tnc rules and regulations, now common existing or hereafter to be made, ior the govern- stal- ment thereof; and that they shall have a com mon seal, with power to change, alter or make new the said rules and regulations and common seal as often as they shall judge expedient. Ande b it further enacted by the authority aforesaid. That the said company shall be able M„„ 1]old and capable in law to purchase, have, hold, take, property, receive, possess, retain and enjoy, to itself ii: ^i^. perpetuity or for any term of years, any estate, ed. im- real or personal ; ( Provided the same shall no' []'' ,CJ nd produce a clear income exceeding five hundred ded.' P dollars per annum,) and to sell, alien or other wise dispose of the same, as they may think pro per; and by their said name to sue and be sued, plead and be impleaded, answer and be answer ed unto, in any court in this state, and to make such rules, regulations and by-laws, (not repug nant to the laws of the land,) as they may judge proper : Provided always, That nothing in this act contained shail be deemed or construed to affect or operate to counteract the power and au thority now or hereafter to be vested in the In- tendant and Wardens of the city of Charleston, ( 2 96 ) by t he laws of this state ; and that all and every regulation or by-law that may be made by the said corporation, called the Vigilant Fire Com pany, contrary to the rules or by-laws establish ed or to be established by the corporation or ci ty council of Charleston, or the fire-masters, shall be, and the same is hereby declared to be null and void. Ande b it further enacted by the authority shall how aforesaid, That the said company shall have, such estate hold, possess, retain and enjov all such estate, real «8thco-are r i , * i i i r r nowentit-r o personal, money, goods, chattels and etiects, led to. as t|iev are novv intitJed to, and that this act shall This act a be deemed and taken to be a public act, andju- pubiicact. dicially noticed as such without special pleading". In the Senate House, the twenty-first day of December, in the year ofour Lord one thou sand seven hundred and ninety-three, and in the eighteenth year of the Independence of the United States of America. DAVID RAMSAY, fPresident o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A to alter and change the times of hold ing several county courts, and for other pur poses therein mentioned. WHEREAS i t is found necessary and ex pedient to change the times of holdingthe courts for the counties herein after mentioned : tBe i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the autho Timesf o holding rity of the same, That from and after the passing certain of this act, the courts in the counties herein af courts changed. ter mentioned, shall be holden at the several times herein after directed, to wit : at Richland, ( 2 97 ) on t he fifth day of January and July; at Fair field, on the sixteenth of January and July; at Lancaster, on the twenty-seventh of January and July; at Kershaw, on the seventh of February and August; at Chester field, on the eighteenth of February and August; at Marlborough, on the first of March and September; at Darling ton, on the eleventh of March and September; at Salem, on the twenty -second of March and September; at Claremont, on the third of April and October; and at Clarendon on the four teenth of April and October, each year. Ande b it further enacted by the authority T;me aforesaid, That from and after the passing of thu holding- act, the court now directed to be held for the Edgefield county of Edgefield, on the first day of Scptem- ^red/ ber, shall, for the future, be holder, on the tenth day of October in each year. eAnd b it enacted by the authority aforesaid, Interme That the intermediate courts, for the several diate counties hereafter mentioned, shall be held on courts, the days following, to wit : For Richland eoun- beheld. ty, on the fifth day of April and October; for Fairfield, on the sixteenth of April and Octo ber; for Lancaster, on the twenty-seventh of April and October ; for Kershaw, on the seventh of May and November; for Chesterfield, the eighteenth of May and November ; for Marlbo rough, on the first day of June and December; for Darlington, on the eleventh of June and De cember; for Salem, on the twenty-Lecond day of June and December ; for Claremont, on the third day of July and January ; for Clarendon, on the fourteenth day oi' J uiy and January; andfor Edge field county, on the first Monday of January and July, in each year. Provided 'always never theless, That if it should happen that either of the days now prescribed for holding the said courts ( 2 98 ) should f all on Sunday, that in such case the court shall be holden on the day follow kg. eAnd b it further enacted by the authority The next aforesaid, That to prevent any inconvenience session, M hjj) Inuy result from the clunsre of the times Wiieno t J W fbeiicld. o holding the courts above mentioned, the next session of them shall be at the several times to which they now stand adjourned. eAnd b it further enacted by the authority A former aforesaid, That so much of an act, passed the **rcPe;J- njnctetntIl fay 0f February, 1791, entitled, " An act to amend the several acts for establish ing county courts, and amending the proceedings therein," be, and the same is hereby repealed. In the Senate House, the twenty-first day of December, in the year of our Lord one thou sand seven hundred and ninety -three, and in the eighteenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A to ascertain andfx on some more con venient and central situation for the court house and other public buildings for the county of Greenville. WHEREAS a n umber of the inhabitants of Greenville county have preferred then- petition to the legislature, praying that the court-house, and other necessary public build ings for the said county, might be erected in some more convenient and central situation than that in w hieh they are : tBe i therefore enacted by the honorable the Senate and House of Representatives, now met a?id sitting in general assembly, and by the autlw- ( 2 92 ) rityf o the same, That from and immediately af- piacetobe ter the passing of this act, the commissioners chosen for herein after named, shall be, and they are here- Greenville by authorized, and fully empowered to assemble court. 'and consult on the most suitable and convenient place for holding the said court for the county aforesaid, having respect to the central situation of the same with regard to all the inhabitants of the said county. Ande b it further enacted by the authority aforesaid, That the court for the said county of Court to Greenville shall be held at some place contieu- be ''.eld ous to the spot hereafter to be ascertained and 0u» to said fixed by the commissioners, until the court- Place- house and other public buildings are erected; and that all records and papers, appertaining to the said court, shall be removed by the judges of the said court, as scon as conveniently may be, after the pa-ssing of this act. Ande b it further enacted by the authority aforesaid, That Henry Mitchell Wood, Larkin commis- Tarrant, John Thomas, junior, and James Har- si-mere ap- rison Barrett, be, and tin. y are hereby appointed1'01 commissioners for carrying this act into execu tion ; and that the place to be fixed on by the commissioners, or a majority or them, shall be the permanent place for holding the court in the county aforesaid, any law, usage or custom to the contrary in any wise notwithstanding. In t he Senate House, the twenty -first day of December, in the year of our Lord one thou sand seven hundred and ninety -three, and in the eighteenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. 20 ( 3 00 ) AnCT A to incorporate tlie United Independent Congregational church of Dorchester and Beach Mill, in the parishes of St. George and St. Paul. S'HERE A sundry members and others W] of the said church, have preferred their petition, praying to be incorporated : Bet i therefore enacted by the honorable the Se- Unitedin- nate and House of Representatives, now met and dependent sitting in general assembly, and by the authority gationai of the same, That the said church shall be, and is church of hereby incorporated, as a body politic and corpo- terand' rate> ar,d bna'' be known in deed and in law by the Beach name of the United Independent Congregational SJfit. church of Dorchester and Beach Hill, ed. And be it farther enacted by the authority Shallhave a foresaid, That the said corporation, by their perpetual name aforesaid, shall have perpetual succession onofoffi. of officers and members, to be elected or ap- cers and pointed in such manner, and according to such andacnm- form, as may be prescribed by the rules andre- monseai. gulatioiis now existing, or hereafter to be made for the government thereof; and that they shall have a common seal, \\ ith power to change, al ter or make new the said rules and regulations, and common seal, as often as they shall judge expedient. Ande b it further enacted by the authority May hold aforesaid, That the said corporation shall be able property, uncj ca.xl{j}e }n jaw to have, hold, receive, pos- rulesandmake a nd sess and ' enjoy, . all , . the . lands,. , tenements and J- ne-. reguiati- reditaments, and also all donations, gifts, devis es and bequests, of what nature soever, which are now vested, or of right ought to be vested in the heir or heirs of the late trustee or trustees of the said church, or of cither of the said churches, and shall also be able and capable in law, to pur chase, have, hold, tike, receive, possess, retain ( 3 01 ) and e njoy to themselves, in perpetuity or for any term of years, any estate, real or personal, not exceeding the annual income of one thousand dollars ; and to sell, alien, or otherwise dispose of the same, as they may think proper, and by their said name and style, to sue and be sued, plead and be impleaded, answer and be answer ed unto, in any court in this state, and to make any such rules, regulations and by laws (not re pugnant to the laws of the land) as they may, from time to time, judge proper and expedient. jind be it further enacted by the authority aforesaid, That this act shall be deemed and ta- This act ken as a public act, and notice thereof shall be d^^ taken in all courts of justice and elsewhere with- in this state, and shall be given in evidence on n the trial of any issue or cause, without special pleading. In t he Senate House, the twenty-first day of December, in the year of our Lord one thou sand seven hundred and ninety-three, and in the eighteenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. CTAn A to incorporate the Episcopal Church on Edisto island, the Primitive Methodists of Trinitif Church, Charleston, and the Primi tive Methodists of Ebenezer Church, George- tot im. WHEREAS s everal of the citizens of Charleston, and several of the citizens of Georgetown, have, by their petitions, prayed to be incorporated for certain pious and lauda. ( 3 02 ) ble p urposes, by the several names of the Prl, mitivc Methodists of Trinity Church, Charles ton, and of the Primitive Methodists of Ebene- zer Church, Georgetown : tBe i therefore enacted by the honorable the Senate and House of Representatives, noxv met and' sitting in general assembly, and by the au- Methodist thority of the same} That the petitioners afore- churdies anci their successors, appointed or elected, ted r p°ra* or to be appointed or elected, according to the manner prescribed, or to be prescribed by the regulations of the said churches, shall be, and are hereby incorporated as bodies politic and corporate, in deed and law, under the names of the Primitive Methodists of Trinity Church, Charleston, and of the Primitive Methodists of Ebcnczer Church, Georgetown. And w hereas, Sundry members of the Epis copal Church on Edisto island, by their humble petition to the legislature, have set forth that they were formerly incorporated with the other members of St. John's parish, Colleton coun ty, professing the Episcopal religion, under the denomination of the Episcopal church in St, John's parish, and joined with them in support ing a clergyman of their church ; that the greater part of the inhabitants on John's island and Wad- melaw, professing the Episcopal religion, are either dead, or have removed from the parish, and the said petitioners reduced to the necessity of specially providing for the support of a cler gyman for their particular church ; and praying that a law may be passed for their distinct and separate incorporation, under the denomination of the Episcopal church on Edisto island : tBe i therefore enacted by the authority afore- paid, That the vestry and church wardens of the .said Episcopal church on Edisto island, be, and ( 3 03 ) they a re hereby declared to be established and incorporated as a separate and distinct body, po- Episcopal litic and coporate, in name and in law, and shall ^{J™*0? hereafter separately have, possess and enjoy the and inoor- private or particular and special property of the porated. said church, and shall also in severalty have, pos sess and enjoy the same authorities, powers and privileges, which by the act of the general as sembly of this state, is or are granted to or vest ed in them conjointly with the other Episcopal churches of St. John's parish, Colleton county ; and that the said vestiy and church wardens of the -Episcopal church of Edisto island, and their successors in office forever hereafter, shall be, and they are hereby declared to be incorporated us a body politic and corporate, in deed and in law, by the name of the Protestant Episcopal church of Edisto island. Ande b it further enacted by the authority aforesaid, That the corporations aforesaid, by shall have their names aforesaid, shall have perpetual sue- perpetual cession of members and officers to be appointed onof uffi- or elected, according to the manner prescribed, cers and or to be prescribed by the regulations now ex- "^com'- isting, or hereafter to be made for the govern- mon seaL ment of the said corporations, and that they shall have a common seal, with power to change or make new their said regulations and common seal, as often as they may judge expedient. Ande b it further enacted by the authority aforesaid, That the said corporations shall be May hold able and capable in law to purchase, have, hold, property, possess and enjoy, for themselves, in perpetuity sued, and or for any term of years, any estate, real or per- make mice sonalj-Tjf what kind or nature soever: Provided i^sy the same do not exceed the sum of one thou sand dollars in its clear annual income ; and to sell, alien or dispose of the same, as they may ( 3 04 ) think p roper ; and by their said names to sue and be sued, implead or be impleaded, in any court of law or equity in this state, and to make such rules and by-laws, not repugnant or contra ry to the laws of the land, as for their proper go vernment may by them be thought necessary or expedient. eAnd b it further enacted by the authority This act aforesaid, That this act shall be taken and deem- publicac* ed to be a public act, and all courts in this state shall take notice thereof as such, and the same shall be given in evidence without special plead ing. In t he Senate House, the twenty -first day of December, in the year of our Lord one thou sand seven hundred and ninety-three, and in the eighteenth year of the Independence of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB R EAD, Speaker of the House of Representatives. fEND o the ACTS of December, 1793. At a G eneral Assembly, begun and holden at Columbia, on Mon^ day the twenty-sixth day of November, in the Year of our Lord one thousand seven hundred and Ninety-two, and from thence continued by divers adjournments to the tenth day of May, in the Year of our Lord one thousand seven hundred Ninety-four, and in the eighteenth Year of Ame rican Independence. CTAn A to organize the Militia throughout the State of South- Carolina, in conformity with the act of Congress. WHEREAS i t is necessary to organize the militia of this state in conformity with the act of congress in that case made and provided : Bet i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au thority of the same, That from and immediately Tne stato after the passing of this act, the whole of diis divided in state shall be divided into two divisions, and to o° ^nd " each division there shall be a major-general; one brigades. of which divisions shall comprehend the districts of Charleston, Georgetown, Beaufort, Cheraw, Camden and Orangeburgh, except the Dutch Fork between Saluda and Broad rivers; and the other shall comprehend and include the districts of Ninety-six, including the Dutch Fork be tween Saluda and Broad rivers, Washington and Pinckney ; and in the first division there shall be five brigades, one for Charleston district, except Colleton county regiment ; one for Beaufort and Orangeburgh, including Colleton county regi ment; one for Georgetown, one for Cheraws, and one for Camden district; in the second di vision there shall be four brigades, one for Ab beville and Edgefield counties, one for Laurens and Newberry counties, including the Dutch ( 3 06 ) Fork, o ne for Washington district, and one for Pinckney district; and that as soon as the gover nor or commander in cliief of this state shall be informed of the organization and arrangement of the militia regiments of this state, agreeable to the provisions made by this act, he be, and is hereby authorized and required to issue his pro clamation, notifying the same, from and imme diately after which the militia commissions of all such persons as shall not be re-elected and con firmed in the rank and grade they may hold un- officers der the laws of this state, shall be vacated; but re-elected that every person who shall be re-elected and ^ reuin confirmeci }n sucn commission as he holds in the their c om- in • • missions, m ilitia of this statej shall retain such commission, and take rank from the date thereof. Ande b it farther enacted by the authority Major-ge- aforesaid, That the legislature, on the first orga- tobeeiett- nization of the militia of this state, under this edbvthe act, shall choose by ballot the major-generals, tufe8la brigadier-generals and adjutant- general; which adjutant- general shall be of the rank of lieute nant-colonel. eAnd b it further enacted by the authority Brigades aforesaid, Tliat as soon as the several brigadier- dedinto1 generals are notified by the governor, of their refriments, election, they shall proceed to divide their re- battaiions Spectrve brigades into regiments, and that after undcom- f ° . .. P. .' ... panies. t hey have made such division, the)' shall appoint five fit and proper persons in each regiment, whose duty it shall be to divide the respective regiments into battalions and companies, as near ly as conveniently may be, conformably to the act of congress. Lieuten- And be it further enacted by the authority nei men aforesat(h That as soon as the respective regi- majors to ments, battalions and companies, are marked off beelectcd. an(i designated, the brigadier- general of each dis ( 3 07 ) tf i ct respectively, shall direct a regimental mus ter, as well of those men liable to do duty in time of alarm as at common musters, to be held (giv ing at least fifteen days notice thereof) at the most central part of the regimental district, for the election of a lieutenant- colonel and two ma jors, and shall appoint proper persons to open and hold a poll from the hours of nine o'clock in the morning to five o'clock in the afternoon, for the election of the said officers respectively ; and that the persons having die greatest number of votes for lieutenant-colonel, shall be commis sioned as lieutenant-colonel, and the persons having the greatest number of votes as majors, shall be commissioned as majors of the respec tive regiments and battalions ; and that the said company brigadier-general shall appoint proper persons in j*ffi«rsto each company, who shall, within five days after the said election of field officers, hold an election for a captain, lieutenant and ensign in each com pany, in manner aforesaid; and the persons hav ing the greatest number of votes in each compa ny, shall be commissioned as officers thereof, or retain their former commissions, as the case may be, according to the grade to which they shall be severally elected. Provided always neverthe less, That wherever there shall be any company Uniform of artillery, cavalry or infantry, associated, uni-£orPsof formed and m commission, which, on the twen- to elect tieth day of June next, shall consist of at least theiroffi- forty effective rank and file, it shall be lawful for ce' such company to meet and vote for their officers ; and the persons duly elected by a majority of , votes, shall retain their commissions, or be com missioned by the governor, as the case may be, to such grade as they shall be respectively elect ed to. And that all other officers of the Charles ton regiment, as well field as battalion officers, 2P ( 3 08 ) shalle b elected by the regiment at large; and no person shall be considered us elected, who shall not have a majority of the votes of the 'per sons voting : Provided also, That the men com posing th;, uniform companies, shall not be enti tled to vote for the csptuns, lieutenants and en signs of the other companies, to be elected by virtue of this act. Ande b it further enacted by the authority Contested aforesaid, That in case of any contested election, elections, lne vulirlitv of the same, (in the election of field berofer- officers,) shall be referred to the brigadier- gene- red ral of the brigade, who shall call to his assistance two f ield officers of some other regiments of his brigade, not interested in the event of the dis pute ; and in the election of captains, lieutenants and ensigns, shall be referred to the field officers of the regiment to which they belong; and all elections of officers made in pursuance of this act, shall be returned, on oath, by the managers to the governor. Ande b it further enacted by the authority How m aforesaid, Tliat if any person who shall be elect- proceed etia brigadier-general by virtue of this act, shall person ' be without the limits of the state, it shall be the elected duty of die major-general of the division to do Irencraire"- an^ perform the duties enjoined on the said bri- sidesoutof gadier-general; and in case of his sickness or the state. inability to attend, it shall be lawful for the go vernor or commander in chief for the lime be ing, to commission, under his hand and seal, some fit and proper person to execute the duties imposed by this act, so tar as regards the divi sion of the brigades and election of officers. All offi- j{n(l le it further enacted by the authority •Tdewith- aforesaid, That all the officers who shall be ap- in their pointed by virtue of this act, shall reside within winds, tlieir respective commands; and on their remov ( 3 09 ) al t herefrom, their commissions shall lie vacated: Provided, That the restrictions as to residence, shall not extend to the officers of the Charleston regiment or regiments, but that a residence within the city shall be sufficient. That the General major-generals shall have the right to appoint officers to their respective aids-de-camp, and that the bri- tS'aWs. gadiers shall have the right to appoint their re- de-camp spective aids-de-camp, who shall have the rank ""^Jin" of captain ; and they shall also have the right to spectors. appoint their respective brigade inspectors, who shall be approved of by the major-general of the division; that the regimental staff shall be ap- staff offi- pointed by the lieutenant-colonels respectively, "rs.to and be approved of by the brigadier; and that byith"co- all officers so to be nominated and appointed, loneU. as aforesaid, shall be commissioned by the go vernor, who shall be authorized to appoint all other officers ; and that in case of vacancy by death, resignation or otherwise, the brigadiers shall rise in their respective divisions, the lieu tenant-colonels commandant, in their respective brigades, the majors in their respective regi ments, the captains in their respective battalions, and the subalterns in their respective companies by seniority of commission. Ande b it further enacted by the authority aforesaid, That each brigade inspector shall re- Pay of bri- cave tor his pay fifty pounds per annum, exclr- f^to"J 6ive of the pay he may be entitled to receive when called into actual service. eAnd b it further enacted by the authority aforesaid, That all sergeants and corporals shall compa. be appointed by the captains of the different com- nies.^pia- panies ; and that each and every company ere- dezvous"" ated by virtue of this act, shall have a place ofandtime* rendezvous, at w hich they shall respectively as- ofmu*t*r: semble once in every two months, except in ( 3 10 ) Charleston, G eorgetown and Camden, where they shall assemble once a month, by compa nies, for the purpose of training, disciplining and improving in martial exercise, and shall not be kept at the place of exercise more than one day at a time; and that each battalion shall be obliged to rendezvous in like manner for the same purpose, not oftener than twice a year, either in battalion or regiment, in such place as the brigadier skill think proper, and shall not be kept at the place of exercise more than one day at a time. eAnd b it further enacted by the authority Bersonnto aforesaid, That every captain or commanding be enroll- officer of a company shall also enrol every eiti- a^of 18. zen u'ho shaii from time to time arrive at the age of eighteen years, or come to reside within his beat, and without delay notify such enrolment to such citizen so enrolled, by some noncom missioned officer of the company, who shall be a competent witness to prove such notice ; that all disputes that may happen with respect to the age or ability of any person to bear arms, shall be determined by the captain or commanding officer of the company, with a right of appeal by the person who may conceive himself aggrieved, or by any other person belonging to the com pany, to the lieutenant-colonel or commanding officer of the regiment. Ande b it further enacted by the authority Marching aforesaid, That the commander in chief for the staufin ca- tnne being may, in case of invasion or other sesofem- emergency, when he shall judge it necessary, ergeiicy. or(ier out miy proportion of the militia of the state, to march to any part thereof, and conti nue as long as he may think it necessary ; and likewise may, in consequence of an application from the executive of any of the United States, ( 3 11 ) t/un a invasion, or an apprehension of an invasion of such state, at his discretion, order any num ber of the militia, not exceeding one third part thereof, to such state : Provided, That they be not compelled to continue on duty out of this state more than two months at any one time; that whilst in actual service in consequence of pay when being so called out, they shall receive the same m pay and rations, and be subject to the same rules and regulations as the troops of the United States of America: Provided, That upon any transgression or offence of a militia man, whe ther officer or private, against the rules and re gulations of the federal army, the cause shall lx: tried and determined by a court martial of die militia of this state, and that it shall be in the power of the governor, or in case of his absence, of the commanding officer of the militia of this state, to mitigate, suspend or pardon any pun ishment to which any militia man be sentenced by a general court martial. Ande b it further enacted by the authority aforesaid, That it shall and may be lawful to and Militia to for any major-general, or brigadier-general, orJet - ( 3 13 ) Ande b it further enacted by the authority aforesaid, That the brigade inspectors, whin- Return to ever required by the brigadier- general of the ^ brigade, shall make a return of the militia of the quired, brigade to which he belongs, to the said briga dier-general ; and the brigadier-general shall, whenever required by the major-general of the division to which he belongs, make a return of the militia of the ir respective brigades, to the said major-general ; and the major-generals shall, whenever required by the governor or comman der in chief, make a return of the militia of their respective divisions to the suid governor or com mander in cltief. Ande b it further enacted by the authority aforesaid, That every master or other person white »p- who hath the power over, government or com- prentices mand of, any white apprentice or man servant, s"^^8 shall, at his or their own proper costs and char- to attend ges, furnish and provide every such apprentice m^slers- or man servant liable to do militia duty, during his servitude, with the arms and accoutrements directed by the aforesaid act of congress; and every master or other person as aforesaid, shall constantly keep such ai ms and accoutrements as aforesaid for even- such apprentice or servant, and shall compel him or them, so completely armed and accoutred as aforesaid, to attend all musters, trainings and exercises directed by this act; and in cate such apprentice or servant shall not appear, or his arms and accoutrements sliall be found deficient, the master or other person as aforesaid, having the government of such ap prentice or servant, shall, on default made in any of the premises, be subject to the same forfei tures and penalties as arc inflicted on other jjer- sons made liable by this act to appear and bear arms at exercises, musters and trainings : Pro- ( 3 14 ) vided a lways, That if any such serv ant as afore said, who shall be duly furnished and provided as is before directed, and shall lie sent to muster by the master or other person under whose go vernment such servant shall be, shall, of his own accord, and contrary to the will and without the consent of the master, or such other person as aforesaid, neglect to appeal- at any muster, train ing or exercise appointed by this act, die mas ter or other person under whose government such servant may be, shall be liable to the penal ties by this act inflicted for the default of" such servant; and every such servant so offending, shall be obliged to serve his master two weeks for every penalty so paid by his said master or other person ; and if any person shall embezzle, sell, or make away with the arms so to be pro vided for him, he shall be liable to make his master, or other person under whose govern ment he may be, full satisfaction. eAnd b it further enacted by the authority No civil aforesaid, That no civ il officer whatsoever shall, bcexecu" 011 anv Pretence> execute any process, (unless edonper- for treason, felony or breach of the peace,) on tMidirf- any person whatsoever, at any muster or other musters, time, when such person shall be obliged to bear arms in pursuance of the directions of this act, nor in going to, or returning from any muster or place of rendezvous, or within twenty-four hours after such person shall be discharged from appearing in the regiment, company or troop, to which he shall belong, under the pe nalty of five pounds sterling ; and the service of any such process shall be void to all intents and purposes whatsoever; and all arms and accou trements which, by this act, are required to be provided, also the troop horse of each trooper, duly entered and registered with the captain of ( 3 15 ) the t roop, so long- as said trooper shall continue in the troop, shall not be liable to be seized, de- strained or taken in execution for any cause, matter or thing whatsoever. And in case any person shall seize, levy or destrain upon any such arms, accoutrements or horse, every such person shall forfeit the sum of ten pounds ster ling money, to be recovered in any court of re cord in this state* Ande b it further enacted by the authority aforesaid, That every lieutentant-colonel, who Fines for shall wilfully neglect to turn out at a regimental j^^j muster, shall be fined in a sum not exceeding e"f. ten pounds, and also a sum not exceeding five per cent, on the amount of his last general tax ; and that every major who shall wilfully neglect to turn out at a regimental or battalion muster, shall be fined in a sum not exceeding eight pounds, and also a sum not exceeding five per cent, on the amount of his last general tax. That every captain who shall wilfully neglect to turn out at a regimental or battalion muster j shall be fined in a sum not exceeding six pounds, and also a sum not exceeding five per cent, on the amount of his last general tax. That every subaltern officer who shall wilfully neglect to turn out at a regimental or battalion muster, shall be fined in a sum not exceeding four pounds, and also a sum not exceeding five per cent, on the amount of his last general tax ; and that eve ry non-commissioned officer and private, who shall wilfully neglect to turn out at ?. regimental or battalion muster, shall be fined in a sum not exceeding fourteen shillings, and also a sum not exceeding five per cent, on the amount of his last general tax. That every captain who shall wilfully neglect to turn out at an ordinary mus ter, shall be fined in any sum not exceeding ( 3 16 J thirty s hillings, and also a sum not exceeding two and one half per cent, on the amount of his last general tax. That every subaltern officer who shall wilfully neglect to turn out at an ordi nary muster, shall be fined in any sum not ex ceeding one pound, and also a sum not exceed ing two and one half per cent, on the amount of his last general tax; and that every non-com missioned officer and private, who shall wilfully neglect to turn out at an ordinary muster, shall be fined in any sum not exceeding seven shillings, and also a sum not exceeding two and one half per cent, on the amount of his last general tax. And be it enacted by the authority aforesaid Tineifor That every non-commissioned officer and pn- *^obe£i- vate, who shall neglect or refuse to obey the or- •rders. der of his superior officer, while under arms, shall forfeit a sum not exceeding one pound for every such offence; and if any such non-com missioned officer or private, enrolled to serve in either of the companies of artillery, infantry or cavalry, shall refuse or neglect to perform such military duty or exercise as he shall be requir ed to perform, or shall depart from his colours or guard, without the permission of his supe rior officer as aforesaid, he shall forfeit a sum not exceeding one pound ; and for the non-pay ment thereof, the offender shall be committed by warrant from the captain or commanding of ficer of the troop or company then present, to which such offender doth belong, or under whose command Iv may be, to the next gaol, there to be confined until the fines as aforesaid, together with the gaoler's fees, are pa-id; and the respec tive sheriffs of the city, and respective districts and counties of this state, are hereby empowered and required to receive the body or bodies of such offender or offenders as shall be brought ( 3 17 ) to t hem by virtue of a warrant or warrants under the hand and seal of such officer as aforesaid, and him or them to keep in safe custody until such fines as are mentioned in such warrant, top-ether with the gaoler's fees as aforesaid, shall be paid; and the sheriffs and gaolers respectively, shall be allowed the same fees as are allowed in other cases : Provided always, That the person so confined, shall, at the end of five days, or any shorter time, for which they may have been com mitted, be released, on their swearing that they are unable to pay the fines and fees herein before directed to be paid. eAnd b it further enacted by the authority aforesaid, That the military uniform of this state Military shall be as follows, that is to say : General offi- ^7™* cers, dark blue coats with buff coloured facings, linings, collars and cuffs, gold epaulets and yel low buttons, with buff coloured under clothes. Regimental officers of infantry, dark blue coats, with such coloured linings, facings, collars and cuffs, epaulets and buttons, as shall be deter mined on by the major-general of each division. eAnd b it further enacted by the authority aforesaid, That ail fines which shall be imposed Appropri- in any regiment, corps, company or troop, shall £^ *f be paid into the hands of the pay-master, or per son acting as such, of such regiment, corps, com pany or troop, and be paid and appropriated by warrant under the hands of a major part of the field officers, or commanding officer of the corps, or captain or commanding officer of the company or troop, as the case may be, for the purposes of providing colours, drums, bugles, fifes and trumpets, for their respective battalions, corps, companies and troops, and carrying expresses relative to military matters, and for the purchas ing and providing arms and accoutrements for ( 3 18 ) suchf o the Ihen of the respective battalions, corps, companies and troops, as are or shall be unable to furnish and provide themselves there with ; and that it shall be the duty of the pay master, or person acting as such, of each respec tive battalion, corps, company or troop, once in every year, to render an account to the brigadier, or the officer commanding the brigade, of all his receipts and expenditures in pursuance of this act. Ande b it further enacted by the authority Arms and ({foresaid, That every free white man of this accoutre- state, liable to bear arms in any of the regiments, ments. corps, companies or troops in this state, who shall appear at any regimental or battalion mus ters, or at any company muster, ordered in pur suance of this act, not provided, accoutred and armed according to the act of congress, entitled, " An act more effectually to provide for the na tional defence by establishing an uniform militia throughout the United States," passed the 24th October, 1791, shall forfeit and pay for each and every such default, a sum not exceeding five shillings, or the sum of two shillings and four pence for each article of arms or accoutrements Court required by the last mentioned act; that all fines martial snan be inflicted on non-commissioned officers and privates by the judgment of the majority of 'the commissioned officers of the company in which the offender is enrolled; tliat a major- general shall be tried by a major-general to pre side, and four brigadier-generals; but if the at tendance of a major-general cannot conveniently be procured, then by five brigadier-generals; and in such case the eldest of such brigadiers to preside; that a brigadier- general shall be tried by one or more brigadier-generals, and by four field officers; that a lieutenant- colonel shall be ( 3 19 ) ytried b an officer not under the rank of a lieu tenant-colonel, and four field officers; that a ma jor shall be tried by an officer not under the rank of a field officer, and four officers not under the rank of captain ; that a captain shall be tried by an officer not under the rank of a field officer, and by four officers not under the rank of cap tain ; and a lieutenant or ensign shall be tried by an officer not under the rank of a field officer, and four other commissioned officers ; that all non-commissioned officers and privates be? tried by not less than three commissioned officers. Each member of a court martial is hereby en joined to take the following oath or affirmation: " I do swear, (or affirm, as the case may. be,) that I will not divulge the sentence of the court, until the same shall be approved of or disap proved; neither will I, upon any account, or at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court martial, unless required to give evidence thereof by a court of justice in a due course of law. So help me God." And any member of the court is authorized to tender the above oath to the other members. The governor or com mander in chief shall appoint courts martial on general officers ; the major-general shall appoint division courts martial in their respective divi sions; the brigadier-generals shall appoint bri gade courts martial in their respective brigades ; the lieutenant-colonels shall appoint regimental courts martial in their respective regiments; and the majors, battalion courts martial in their respective battalions ; and no sentence of a court martial shall be put in force without the same be approved by the officers appointing the same, or by the commanding officers respectively for the time being. ( 3 20 ) eAnd b it furtfier enacted by the authority Court of aforesaid, Thac if the conduct ot any officer shall enquiry. ' be represented to the governor or commander in chief, or to either of, the major-general of the division, brig-clier-general of the brigade, or commanding officer of the detachment, to be so unmilitary and unbecoming an officer, as to de serve being cashiered, it bhall be lawful for the governor or commander in chief, major-general of the division, brigadier- general of the brigade, or commanding officer of the detachment, as the case may be, to order a court of enquiry ; and if, on such court of enquiry, it shall appear that there is foundation for the ch'aige, to have a court martial held, who shall make such order in the business as they shall think consistent with mi litary rule: Provided nevertheless, That such court of enquiry shall never consist of less than three officers, one of whom at least, to be of the rank of the person accused. eAnd b it further enacted by the authority Persons aforesaid, Tluit persons of the following profes- froiTdo- si°ns a,1(l descriptions shall be excused from ingduty. militia duty, except in times of invasion or alarm, to wit: the lieutenant-governor for the time being, the members of both branches of the legislature, and their officers, the judges, commissioners, registers and clerks of the seve ral superior courts of law and equity, and coun ty courts; the commissioners of the treasury and their clerks, the secretary of this state and his deputies, the attorney-general, the three circuit solicitors, the surveyor- general and his deputy, residing either in Charleston or Columbia ; the ordinaries and registers of the several districts, the sheriffs and gaol keepers in the several coun ties and districts, all continental officers who were deranged, or who served to the end of the ( 5 21 ) • war ; a ll regular clergymen of any sect of deno mination, all persons holding any office or com mission under the United States, all acting ma gistrates, all regular bred practising physicians and surgeons, all school masters, who shall have under their tuition not less than fifteen scholars; all students at school or at college, the intend- ant and wardens of Charleston and Camden, their treasurers, and the officers of their courts; all branch pilots for the several ports, one white man to each established ferry or toll bridge, one white man to each water grist mill, wind mill, fulling mill or oil mill, three while men to each forge, and five to each furnace erected or to be erected at any iron mine or mines in this state, who shall constantly reside and work at die same ; and all persons under the age of eighteen and above the age of forty-five years ; and all militia officers w ho have heldthcir commissions for seven years. Whereas, a d oubt has arisen, whether aliens and other transient persons who have resided, or may reside in this state for a considerable length of time, and enjoy the benefit and advan tage resulting from the organization of the militia of this state'', are liable to perform militia duty: And whereas, it is but just and reasona ble, that those whose property is secured by the care and watchfulness of the community in which they reside, should contribute to its pro tection : Bet i enacted by the authority aforesaid, That Aliens or all free white aliens or transient persons, above tra,s'eilt the. age of eighteen and under the age of forty- liabkto five years, who have resided or hereafter shall ( 3 26 ) ly, t hey shall continue until the rest of the oSm^ pany shall return to their habitations, and shall be discharged from bearing arms ; and the pa trol so formed shall be obliged to be on constant duty, and to ride and patrol, and guard the plan tations, and keep the slaves within their several parishes and divisions in good order, and shall place proper guards, watches and centinels ait proper and convenient places, to give notice of danger, or for the more speedy conveying adviee and intelligence to the governor or commander in chief, or any army raised and assembled by Penalty in his command; and in case any person or persons •giect0' m obliged to serve in such patrols, shall refuse or neglect to ride patrol, or to watch, stand centi- nel, or to keep guard, or shall refuse to obey the lawful commands of any person appointed to command such patrol, every person so offend ing, shall forfeit any sum not exceeding fifteen pounds sterling money. Ande b it further enacted by the authority Manner of aforesaid, That in times of invasion, rebellion ascertain- or insurrection, when any person shall receive rag t hose . ' *, 1 men w ho orders to march out 01 their parish, county, dis- th -'r'rc^ tr'ct ^ division, the captain, or other command- spect/ve mg officer, who shall be present, shall causethe parishes, names of all the persons who are entered, inlist- ed and enrolled in the muster roll of such com pany, (officers excepted,) to be written down on small scrolls of paper, which shall be folded up and put into a hat, and shall be shaken together, and the clerk or sergeant of the said company, shall draw out of the hat, the names of so many persons as will not exceed three fourth parts of the said company ; and the persons whose names shall be so drawn, shall be obliged to march ac cording to such orders as shall be given by the governor or commander in chief, and the rest, ( 3 27 ) whose n ames skill be left in the hat, shall stay in thtir respective parishes and divisions, and shall do the duly of the patrol as before directed; but No officer no officer of any company shall be excused from marching with the company for which he is ap- u'n|es„ by pointed, unless by particular orders from the go- particular vernor or commander in chief; and in that case01 els' such officer so directed to stay, shall be com manding officer of that pail of the company left for the patrol duty. If any person whose name substi- is drawn as aforesaid, and is thereby obliged to [^j*1' march out of his parish or division, can provide an able bodied man, (to be approved by the ma jority of the officers of the company to which such person belongs,) completely armed and furnished according to the directions of this act, every such person shall be permitted and at li berty so to do; and upon producing and send ing out such able bodied man in his stead, he shall be excused from going out or matching in person ; but nevertheless he shall be obliged to do patrol duty in his district ; and in case of dis obedience, neglect or refusal to ride in such pa trol, he shall be liable to all the pains, penalties and forfeitures inflicted by this act. Ande b it enacted by the authority aforesaid, That in time of an alarm, occasioned by any in- in case of surrection, rebellion or invasion, all held officers, invasion, and captains of every company, are empowered, &c.i0bc' by themslves or their warrants to any inferior impressed, officer or soldier, to impress any arms, ammu nition, provisions, horses, waggons, carts, boats, canoes, pettiaugers and vessels, with their fur niture, or whatever other thing they shall want or have need of for the service of this state: Appraise- Provided all such things so impressed, be bymcnttobe the said oflicers brought before three or more indifferent persons, being freeholders, to be ap- pressed. ( 3 23 ) praised a nd valued before they be disposed of for die public service; and such valuation and appraisement being made, the officer shall give a receipt for the same if he conveniently can ; and the officer is to cause his clerk to enter the same in a book to be kept for tiiat purpose; and the said appraisers shall ascertain any loss or damage that may happen to the things so im- presseel, or allow a competent hire for the same •when returned to the owner, as the case shall re quire, and shall give such appraisement, under their hands, to the owner, directed to the public treasurers, who are to lay the same before the legiidature ; and the commanding officer or cap tain of each company, after such ahum shall be over, and before such company shall be dis charged, is to order so many men as he shall think fit, to carry die several things by him im pressed, to the respective owners, who, upon re-delivery of the same-, shall give a receipt. The officer is likewise empowered to draw on the public treasury for so much money as he shall think the carriage of die said several things deserves. Ande b it further enacted by the authority Things aforesaid, That the commanding officer," or com- 'm.pr''ire •ndtiie'w- g rass to provide for the national defence, and ticks of establishing an uniform militia throughout the United States, Baron Steuben's military disci pline, and the articles of war, all bound toge ther in a small convenient pocket volume; and that the senior major-general, elected in pursu ance of this act, is hereby authorized and em powered to contract for procuring the same on the best and cheapest terms. eArid b it further enacted bij the authority Persons aforesaid, Tliat if any person or persons whoso- cmmt ofC ev<-T> shall be sued, impleaded, molested or pro- t&sact, sccuted for any matter, cause or tiling done or ( 3 51 ) executed, o r caused to be done or executed, by majrpiead virtue of or in pursuance of this act, and all and the gene- r , 11, , ral issue. every p erson or persons who shall or may, by the command, or in aid or assistance of any per son who shall do or execute, or cause to be done or executed, any matter or thing by virtue of or in pursuance of the direction of this act, shall and may plead the general issue, and give this act and the special matter in evidence; and incase the plaintiff" shall suffer a discontinuance, enter a noli prosequi, suffer a nonsuit, or if a verdict or judgment shall pass against him, he shall pay to every defendant that skill be acquit ted, or for whom judgment shall pass, his full double costs of suit. Andle i t further enacted by the authority afore said, That all laws heretofore enacted in this state„Former respecting the militia, shall be, and the same are {!^,fr*. hereby repealed, exceptsuch laws or parts of laws pealed. as respect the Charleston battalion of artillery. In the Senate House, the tenth day of May, in the year of our Lord one thousand seven hundred and ninety-four, and in the eigh teenth year of the Independence of the Unit ed States of America. DAVID R AMSAY, fPresident o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A to extend an act, entitled, " An act to provide for the f rial settlement of the accounts of the former commissioners of the treasury and other public departments, ami of all other persons having accounts with the state. BE i t enacted by the honorable the Senate and House of Representatives of the siate of South- Carolina, now met and sitting in general 2S ( 3 3i> ) assembly, a nd by the authority of the same, That an act, entitled, " An act to provide for the final settlement of the accounts of the former com missioners of the treasury and other public de partments, and of all other persons having ac counts wiLli the stale, be, and the same is here by extended until the first day of January next, unless the objects thereof shall be sooner accom plished, and the legislature be enabled to dis charge the commissioners from the trusts creat ed by the same. In t he Senate House, the tenth day of Mai/, in the year of our Lord one thousand sez-en hundred and ninety-four, and in the eigh teenth year of the Independence of the bait ed States of America. DAVID R AMSAY, President o f the Senate. JACOB R EAD, Speakerf o the House of Representatives. AnCT A to close the land of ice for and during the term of four years, under certain limitati ons, and for other purposes therein- mentioned. WHEREAS a s pirit of speculation and land jobbing hath gone forth, and ma ny persons, greedy of gain, have embarked in such schemes, and have obtained, and still con tinue to obtain large and excessive grants of land, without any regard to their being granted, and even settled, and without distinguishing in the plats the numerous surveys included within the boundaries of their plats and grants, with a view to impose upon, deceive and cheat unwa ry foreigners, by sales of such pretended vacant lands. And whereas, no plan can be devised so effectually to check and defeat these iniquitous { 3 33 ) pchcmes a s to shut up the lund office, except for grants not exceeding five hundred acres, for a reasonable time : Bet i tlierefore enacted by the honorable the Senate and House of Representatives, now met and sitthig in general assembly, and by the au thority of the same, That from and immediately The land after the passing of this act, that the land office J^?^' be, and the same shall be so far closed lor the cdforfuur term of four years, that within that period no years- one person shall obtain more than one grant for land to be hereafter surveyed, v\ hich shall in no ease exceed five hundred acres ; and that no warrant of survey shall be issued by an}- com missioner of locations within this state for any number of acres exceeding five hundred acres, and not more than one such warrant to an}- one person, during the aforementioned period of four years. Ande b it further enacted by the authority aforesaid, That where any warrants have been Deputy- issued previous to the passing; of this act, if am survc.vurs> *o t * in locating deputy s urveyor, in locating them, shall know- anv tracts ingly and wilfully comprehend within the limits of land, not of any such location, any plantation or tract of -r°»d .Jut land, before granted, without noting the same ; in them and if the said warrants shall be hereafter carri- ^^0"" ed into grants, or where there are any grants for tract of land now actually made out, signed and ready !^^j°re to be delivered, or where any. piats are returned to the office of the surveyor- general or secretary of the state, and shall be hereafter carried into grants, which plats or grants comprehend w ithin their respective limits, any plantation or tract of land, before granted, without the same be ing marked and noted, it shall be lawful for any of the proprietors of the plantations or tracts so be fore granted, or any other person interested ( 3 34 ) therein, t o bring liis action of trespass against the grantee of tiie subsequent giant, winch com prehends the prior one, or any part thereof, his heirs or assigns, or any or ail of them; and on his substantiating by proof to any district court ' and jury, « ithin whose jurisdiction d~ie land lies, that his land, or part thereof, is actually com prehended in the subsequent grant, a verdict shall be found in his favor, and the court shall declare the subsequent grant, and every part thereof, to be fraudulent and void to ail intents and purposes; and the plaintiff shall recover such damages as the jury shall assess, and treble costs of suit. And w hereas, Since the passing an act, enti tled, " An act for establishing the mode of granting the lands now vacant in this state, and for allow ine a commutation to be received for some lands that have been granted," passed the 19th day of February, 1791, divers grants of large tracts of land, have been obtained, which included one or more surveys which have not been elapsed, the property of others, without taking notice of or designating the same in their plats, and without obtaining the consent of the said proprietors, and without their knowledge : And whereas, The lands in this state are so ge nerally granted, that no person could suppose that there were in diis state such large bodies of vacant land, from which it appears that the in tention of the aforementioned persons must have been to oblige the inhabitants who are settled within the boundaries and limits of the aforesaid puts, to produce their titles, or if they had lost them in the war, or by other accidents, to seize their lands as vacant, and by producing such grants to unwary foreigners, may deceive them by the appearances of regularity and au. ( 3 35 ) nthority o the face thereof, and may involve them in purchases ruinous to them and prejudicial to the credit and reputation of the state ; in order, therefore, to prevent the alarms of the people, and die great litigation and numerous siiits that may arise from the said unreasonable, excessive and unlawful surveys and grants, and to prevent imposition on foreigners and citizens of other states : Bet i enacted and declared by the authority aforesaid, That the said surveys were made in certain violation of the instructions given to the deputy ^""j^"" surveyors in this state ; that the said grants have have been been obtained contrary to the intention of the improper- legislature in establishing the mode of granting %£ tara" the lands now vacant in this state ; that the go vernor must have been deceived when he signed the same, and that on its being proved in the manner before enacted, to the satisfaction of any district court, and jury, within whose jurisdic tion the land lies, that such grants actually con tain within their limits one or more settlements, the property of others, under former surveys, without taking notice of or designating the same in their plats, and obtaining their consent, (where such consent could have been obtained,) to run the same, the court shall declare the said grants to be fraudulent, and the same shall be void to all intents and purposes. eAnd b it further enacted by the authority aforesaid, That every surveyor who shall have wil- surveyor fully and knowingly violated the instructions of violating the surveyor- general innotmarkingoutthe boun- j^Jicg daries of all lands formerly granted, and which of the sur- are within the survey by him or them made, ^"{"'f^' shall be prosecuted by the attorney- general, and be prose- circuit solicitors of the respective districts, on cuted proper application being made to either of them. ( 3 36 ) Hlicreas, J ohn Sloan, and the rc\erend John Monk, and Wiliiam Hill, jun. by their petiti ons to the legislature, have set forth, that they had at considerable expense erected a bioomery on South Edisto, in Edgefield county, for ma nufacturing of iron ore into bar iron. And whereas, under the existing laws of the state, and the regulations of this act, it is impossible for the said petitioners to run a sufficient quantity of vacant land to enable them to conduct and prosecute the said bioomery with advantage or effect, and it being an object of great national importance to encourage the manufacture of raw materials: tBe i therefore enacted by the authority afore- Ccrtain said, That the commissioner of location ior the allowed to district of Ninety-six, be, and he is hereby au- runout thori zed and required to issue his warrants, one finds"1 m behalf of John Sloan, for six thousand acres of land, and another in the joint behalf of said John Sloan, the reverend John Monk , and Wil liam Hill, jun. for ten thousand acres of vacant land, the nearest to the said iron works, and that the said lands so to be located, be granted to the said persons, any thing in this act contained, or any law to the contrary thereof in any wise not withstanding. In t he Senate House, the tenth day of May, in the year of our Lord one thousand seven hundred and ninety-four, and in the eigh teenth year of the Independence of the Unit ed States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB R EAD, fSpeaker o the Home of Representatives. ( 3 37 ) CTAn A to incorporate the Port Republic .Bridge Company, and to authorize them to build a bridge and causeways. WHhR£AS R obert Barnwell, Stephen Elliott, William Elliott, John Barnwell and \ViKiam Hazzard Wigg, Esqrs. the com mittee of the Port Royal Bridge Company, have, in behalf of the said company, petitioned that they be incorporated, and it appears that the plan of the said company, if executed, will be bene ficial to the inhabitants of Port Royal and Beau fort, and the ports on the main adjacent thereto : Het i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by^ the au- p _ thority of the same, That the said company, and public their successors, shall be, and they are hereby Bridge incorporated as a body politic and corporate, and ;nconx>"y shall be known in deed and in law, by the name ratei of "The Port Republic Biidge Company." Ande h it further enacted by the authority aforesaid, That the said company, by their name The usual subresaid, shall have perpetual succession of of- powers ficers and members, to be appointed and elected conlcrrei • in such manner and according to such form as may be prescribed by the rules and regulations now existing or hercaker to be made, for the government of the said company, and that they shall have a common seal, with power to alter, change and make new the said rules and regu lations and common seal, as often as they shall judge expedient. eAnd b it further enacted by the authority aforesaid, That the said corporation shall be able Allowed and capable in law to purchase, have, hold, re- j^pcrtv. ceive, take, possess and enjoy to itself in perpe- andmaie tuity, or for any term of years, any estate, realby"lttWS or personal, of what kind or nature soever, (pro- i 5 38 ) vided t he same stall not produce a clear income exceeding three thousand five hundred dollars per annum,) and to sell, alien or otherwise dis pose of the same, as they may think proper; and by their said name to sue and be sued, plead and be impleaded, answear and be answeared unto in any court of law or equity in this state, and to make such rules and by-laws, (not repugnant or contrary to the laws of the kind,) as, for the good order and proper government of the said company, may by them be thought necessary; and that they shall and may retain, possess and enjoy all such estates, real and personal, monies, goods, chattels and effects, as they are now en titled unto, whether the same be now held by them, or by any person or persons in trust for them. Ande b it further enacted by the authority Cause- a foresaid. That the said company shall have ways » nd power to make causeways over the marsh kind, kndge. a n(j to crect a bridge over the channel, between Port R oyal Island and the m;'in knd, at such placer o places as they may think most fit. Ande b it further enacted by the authority Ton g ran- aforesaid, That the said company shall be enti- ted- t ied to demand and receive the same rates and tolls f or passing over the said causeways and bridges a are now legally demanded for passing over t he ferry near the same place. Ande b it further enacted by the authority No bridge aforesaid, That no ferry or bridge shall be estab- or ferry to Hghed or built within five miles from the bridge vHthinfive to b£ erected by the said company, after the same miles. shall be built and fit for use. Bridge dnd be it further enacted by the authority and c ause- aforesaid, That after the said causeways and kepUn e bridge are finished, the said company shall con- repair, stantly keep the same in good and compleat re ( 5 39 ) pair, a nd always have a proper number of hands continually attending thereto; and that this act shall be deemed a public act, and judicially no ticed as such without special pleading. In t he Senate House, the tenth day of May, in the year of our Lord one thousand seven hundred and ninety-four, and in the eigh teenth year of the Independence of the Unit ed States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. «4uCT A to extend the time for taking out of the Secretary's office, si-.ch grants of tend as now lie in the said office, and for other purposes therein mentioned. WHEREAS b y a clause of the'act, enti tled, " An act for establishing the mode of granting the lands now vacant in this state, and for allowing a commutation to be received tor some lands that have been granted," passed on the nineteenth day of February, in the year .of our Lord one thousand seven hundred and ninety-one, it is enacted, "that all grants of land in the secretary's office, and which should net be taken out within twelve months from the passing of that act, should be then sold to the highest bidder by the commissioners of the treasury ; and such lands have not been sold, and it is thought expedient to extend the time of sale stil! longer : tBe i 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 sale of the said lands shall be postponed to the fifteenth day of December next, and no longer; and that if any 2T ( J 40 ) person s hall, before that time, pay up the money due for the land, agreeably to the act for estab lishing the mode for granting lands now vacant in this state, and for allowing a commutation to- be received for some lands that have been grant ed, and the expenses incurred thereon, which expenses it is hereby declared shall not exceed- six shillings for any one tract of land, he shall be entitled to the said grant, and the land thereby- granted to him, arty thing in the said clause of the said act, or any act or resolution of the legislature of this state to the contrary thereof in any wise not withstanding: Provided always, That nothing in this act shall be construed to authorize the taking out of grants for the excessive surveys of land which have been made since the first day of April, one thousand seven hundred and ninety-one. eAnd b it further enacted by the authority a foresaid, That ten commissioners be appointed by the governor in each circuit court district, who shall be required to return to the legisla ture at their next meeting, an account of all such lands as have escheated to the state, agreeably to the act, entitled, " An act to appoint escheat- ors and to regulate escheats," passed die twen ty-eighth day of March, one thousand seven hundred and eighty-seven, and that the reason able expenses incurred by the commissioners, appointed as aforesaid in making the returns, be paid by the suite. In t he Senate House, the tenth day of May, in the year of our Lord one thousand seven hundred and ninety- four, and in the eigh teenth year of the Independence of the Unit ed States of America. DAVID R AMSAY, fPresident o the Senate. JACOB READ, Speaker of the House ofliepresentatives. ( 3 41 ) CTAn A to build and repair certain gaols and court-houses. BE i t 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 Alexander M'Intosh, Tris- commissi- trani Thomas and William Falconer, esquires, oners for lie, and they are hereby appointed commission- disrdcuip- ers with full powers to cause a common gaol for pointed, Cheraw district to be built, and the court-house •™clmoney ot the same district to be repaired, and employ ated. workmen and procure all necessary materials for the purpose aforesaid, and that provision of a sum not exceeding one thousand pounds be made in the next tax bill, to defray the expenses thereby to be incurred. eAnd b it further enacted by the authority aforesaid, That a sum not exceeding two hun- Sum gran- dred pounds, be, and is hereby granted for the li;'d CTAn A for establishing the annuel salaries cf the poiuder inspectors and arsenal keepers for Charleston and Ninety- Six districts, within this state, and for limiting the duration of their offices to the term of four years. WHEREAS, i t is right and necessary to ascertain the salaries of the powder in spectors and arsenal keepers in Charleston and at Abbeville, in the district of Ninety-six in fu ture, the same being now vacant : Bet i therefore enacted by the honorable the Senate and House of Representatives, novo met and sitting in general assembly, and by the autho rity of the same, That from and after the passing Salaries of this act, the annual salary of the powder iu- fixed* speclor and arsenal keeper in Charleston shall be fifty pounds sterling, and the annual salary of the arsenal keeper at Abbeville, in the district of Ninety-six, shall be thirty pounds sterling, any law, usage or custom to the contrary thereof in any wise notwithstanding. ( 3 43 ) Andn i order that the public may be from time to time, duly informed of the state of the magazine stores to lie deposited at Abbeville court-house in the said district of Ninety-six : tBe i enacted by the authority aforesaid, That Commissi- the members of the senate and house of repre- on«ra*p- sentatives that shall from time to time represent Ssunine Abbeville county aforesaid, shall be commissi- Estate of oners to examine and inspect the state of the J^*^' magazines and quantity or' arms, powder and other stores that may be deposited in the store and magazines at Abbeville court-house afore said ; and that they shall, from time to time when required, make report to his excellency the go vernor, of the state and condition of the said arms, powder and stores, and also annually to the legislature at their November session. Ando t prevent abuses: tBe i further enacted by the authority afore said, That no person who may be appointed to office not the office of powder inspector and arsenal store t°beadi*ii- keeper at any magazine of this state, shall be per- deputy. y mitted to administer the said office by deputy, unless in case of sickness. Ande b it further enacted by the authority aforesaid, That no person who shall be elected Term of to die office of powder receiver and arsenal store of?c* u" keeper for Charleston or Abbeville, shall conti nue in office for a longer time than four years, without, he shall be re-elected to the same by the legislature. Ande b it JhrtJier enacted by the authority aforesaid, That the powder inspector and arse- Security nal keeper for Charleston district, shall, before resiuired- he enters on the duties of his office under this 'act, give security to the satisfaction of the go vernor, in the sum of live hundred pounds ; and the powder inspector and arsenal keeper for Ab- ( 3 44 ) bcville i n the district of Ninety-six, shall, ii* like manner give security to the satisfaction of a majority oi the judges of the county court of Abbeville county, in the sum of two hundred and fifty pounds, for the faithful performance of the duties of their offices respectively. In t he Senate House, the fcut/i day of May, in the year of our Jjord one thousand seven hundred and ninety-four, and in the eigh teenth year of the Independence of the Unit ed States of America. DAVID R AMSAY, President o f the Senate. JACOB R EAD, fSpeaker o the House ofRepresentatives. CTAn A to incorporate the Medical Society of South- Carolina. WHEREAS A lexander Baron, physician and president of the Medical Society of South- Carolina, in behalf of the members now composing said society, hath petitioned the le gislature of this state to be admitted a body cor porate and politic, in name and deed, by the name of the Medical Society of South-Carolina : tBe i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au- Medical thority of the same, That all those w ho now be- south c »f 'onS am* a" tnose wno sna" ^c hereafter dti- roiina in- ty admitted or become members of that society, corporat- according to the rules, orders and constitution e" of the said society, formed or to be formed, shall be, and they are hereby declared to be one estab lished bodv, corporate and politic, in deed and in name, by the name and style of the Medical Society of South- Carolina; and by the same ( 3 45 ) name s hall have perpetual succession of officers- arid members, and a common seal, with power to change, alter, break and make new the same, as often as the said corporation shall judge ex pedient; and the said corporation and its succes- Mav-hoia sors, shall be able and capable in law to pur- property, chase, have, hold, receive, enjoy, possess and ^.di"^e retain to itself and to its successors, in perpetu- , ity or for any term of years, any estate or estates, lands, tenements or hereditaments, of what kind or nature soever, not exceeding the annual in come of three hundred pounds sterling, and to sell, alien, exchange, demise or lease the same, or any part thereof, as they shall think proper, and may, by the said name, sue and be sued, implead and be impleaded, answer and be an swered unto, in any court of law or equity in this state; and to make such rules and by-laws, (not repugnant to the laws of the land,) for the benefit of the said corporation, and for the order, rule, good government and management of said corporation, as shall from time to time be agreed upon by a majority of the members of the said corporation. Ande b it further enacted by the authority aforesaid, That it shall and may be lawful for the said corporation hereby erected, to take and to hold to it and its successors for ever, any do- . nations or devises of lands and personal estates, not exceeding in the whole, the annual income of three hundred pounds sterling, and to appro priate the same for the benefit of the said corpo ration, in such manner as may be determined on by a majority of the members thereof. Ande b it further enacted by the authority aforesaid, That the said corporation shall be and r.eta,n it is hereby declared able and capable in law, tOrowpos- have, hold and receive, enjoy, possess and retain, 1 { ± -lG ) all s uch estates, real and personal, money, goods, chattels and effects, not exceeding in the whole, the annual income of three hundred pounds ster ling, which it now possesses or is entitled to, or which have been already given, devised or bequeathed to it, by whatever name such devise or bequeath may have been made. Ande b if. further enacted by the authority aforesaid., That this act shall be deemed andta- TTiis act ken as a public act, and notice shall be taken deciareda thereof in all courts of justice and elsewhere in public a ct. , . i i 11 i • • • i , this s tate, and shall be given in evidence on the trial of any issue or cause, without special plead ing. In t he Striate House, the tenth day of May, in the year of our I^ord one thousand sex- en hundred and ninety-four, and in the eigh teenth year of the Independence of the Unit ed States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. ENDf o the ACTS of May, 1794. At a G eneral Assembly, begun and holden at Columbia, on Mon day t be twenty-fourth day of November, in the Year of our Lord one thousand seven hundred and Ninety-four, and from thence continued by divers adjournments, to the nineteenth day of December, in the same Tear. An a dditional ACT to the act, entitled, " An act to organize the Militia throughout the state of South-Carolina, in conformity with the act of Congress. WHEREAS t he law of Congress, enti tled, " An act more effectually to pro- Aide for the national defence, by establishing an uniform militia throughout the United States," directs, that each division, brigade and regi ment, in each state, shall be numbered at the formation thereof, and a record made of such numbers in the adjutant general's office in the .state ; and when in the field, or in service in the state,, each division, brigade and regiment shall respectively take rank according to their numbers, reckoning the first or lowest number highest in rank* And whereas it is necessary to fix the rank of officers, who were elected to the same grade, by the legislature, at their last ses sion, or by the people since that period : Bet i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the autho rity of the same, That the rank of the divisions, Rankofdi- brigades and regiments, shall be determined by visions and lot 'in the following manner, that is to say : That ^^.to a joint committee of both houses shall forth- taiued by with cause the words Eastern division, and the Iot- words Western division, to be respectively writ ten on two pieces of paper, which shall be fold ed up and put into a hat, and dicy . shall then 2U ( 3 48 ) eau'se a c hild under ten years of age to dfaw out in their presence, one of the said lots, and that which shall be so drawn, shall be the first division of this state, and the remaining lot shall be the second division. And if the Eastern di vision shall be the first drawn, then the brigades and regiments in that division shall have the low est numbers and highest rank ; and the brigades and regiments m the Western division, the high est numbers and lowest rank. And if the Wes tern division be first drawn, then the brigades and regiments in that division, shall have the lowest numbers and highest rank ; and the bri gades and regiments in the Eastern division, the highest numbers and lowest rank. That then the committee shall cause the numbers of the brigades, in each division, to be determined in a similar manner by lot; that is to say, if the Eas tern division shall be the first drawn, they shall cause the words Charleston brigade, George town brigade, Cheraw brigade, Camden bri gade, and Beaufort and Orangeburgh brigade, to be written on five Jots, and to be folded up and put into a hat; and they shall then cause a child under ten years of age to draw, in their pre sence, the said lots, one by one, from the hat; and the brigade first drawn, shall be numbered the fist brigade ; the brigade second drawn, shall be numbered the second brigade; the brigade third drawn, shall be numbered the third bri gade; the brigade fourth drawn, shall be num bered the fourth brigade; and the brigade fifth drawn, shall be numbered the fifth brigade. And then they shall cause the words, Edgefield and Abbeville brigade, Laurens and Newberry brigade, Washington brigade, and Pinckney brigade, to be written on four lots, and the same shall be folded up and put into a hat, and they ( 3 49 ) shall t hen cause a child under ten years of age, to draw in their presence, the lots, one by one, from the hat; and the brigade first drawn, shall be numbered the sixth brigade ; the brigade se cond drawn, shall be numbered the seventh bri gade; the brigade third drawn, shall be num bered the eighth brigade ; and the brigade fourth drawn, shall be numbered the ninth brigade. And if the western division shall be first drawn, they shall cause the words Edgefield and Abbe ville brigade, Laurens and Newberry brigade, Washington brigade, and Pinckncy brigade, to be written upon four lots, which shall be folded up and put into a hat; and the}- shall then cause a child under ten years of age to draw, in their presence, the lots, one by one, from the hat; and the brigade first drawn, shall be numbered the first brigade ; and the brigade second drawn, shall be numbered the second brigade; the bri gade third drawn, shall be numbered the third brigade; and the brigade fourth drawn, shall lie numbered the fourth brigade. And then they shall cause the words Charleston brigade, Georgetown brigade, Cheraw brigade, Camden brigade, and Beaufort and Orangeburgh bri gade, to be written on five lots, and the same shall be folded up, and put into a hat; and they shall then cause a child under ten years of age to draw, in their presence, the lots, one by one, from the hat; and the brigade first drawn, shall be numbered the fifth brigade ; the brigade se cond drawn, shall be numbered the sixth bri gade; the brigade third drawn, shall be num bered the seventh brigade; the brigade fourth drawn, shall be numbered the eighth brigade; and the brigade fifth drawn, shall be numbered the ninth brigade. That then the committee shall in like manner, by lots drawn in their pre ( 5 50 ) srnce, p roceed to number the regiments; taking cure so to conduct the drawing, that the lowest number of the respective regiments, be given to the lowest number of the respective brigades; and that the brigades highest in number, have the regiments highest in number; and that the rank of the battalions, in their respective regi ments, be always determined by the seniority of their respective majors. eAnd b it farther eimcted by the authority Rankofre- aforesaid, That all the officers who were elected gimemai by the legislature, at their last session, or bv the beasccr- people since, shall take rank in the following ti In t he House of Representatives, Decem ber 19, 1794. THE j oint committee of bodi houses, ap pointed by the Legislature, for ascertain ing the number and rank of the divisions, bri gades and regiments ; and also the rank of offi cers of similar grade and dates of commissions throughout the state, having proceeded to the business, which they had in charge, as die law directs, Report as follows: ( 3 55 ) First D tvision, Wrstee n Dtvision. Second Division, Eastern Division, FIRST D IVISION. First brigade, Edgefield and Abbeville. Second brigade, Newberry and Laurens. Third brigade, Pinckney. Fourth brigade, Washington. SECOND D WISION. Fifth brigade, Beaufort and Orangcburgh. Sixth brigade, Georgetown. Seventh brigade, Charleston. Eighth brigade, Camden. Ninth brigade, Chennv. FIRST DIVISION. Brigade, J\'o. I. First regiment, Norwood's. Second regiment, John Martin's, Thii d regiment, Calhoun's. Fourth regiment, Mey's. Fifth regiment, Carter's. Brigade, N o. II. Sixth regiment, Upper regiment of Newberry count)-. Seventh r egiment, Enoree regiment. Eighth regiment, Lower regiment of Newber ry county. Ninth regiment, Saluda regiment. Brigade, No. III. Tenth regiment, Trimmer's. Eleventh regiment, Mills's. Twelfth regiment, Love's. Thirteenth regiment, Brandon's. Fourteenth regiment, Thomas Moore's. Brigade, No. IV. Fifteenth regiment, Allston's. Sixteenth regiment, Eliab Moore's. Seventeenth regiment, Wood's. 2 W ( 3 56 ) Eighteenth r egiment, William Martin's, Nineteenth regiment, Clarke's. SECOND D IVISION. Brigade, N o. V. Twentieth r egiment, M'Pherson's, Twenty-first r egiment, RumplVs. Twenty-second r egiment, Sabb's. Twenty-third r egiment, Brown's. Twenty-fourth r egiment, Fishburne's. Brigade, N o. FJ. Twenty-fifth r egiment, Conway's. Twenty-sixth r egiment, Postell's. Twenty- s eventh regiment, Baxter's. Brigade, N o. VII. Twenty-eighth r egiment, Lee's. Twenty-ninth r egiment, Head's. Thirtieth r egiment, Vanderhorst's. Thirty- f irst regiment, Glaze's. Brigade, N o. VIII. Thirty-second r egiment, M'Cawley's. Thirty-third r egiment, Goodwyn's. Thirty- f ourth regiment, Dunlap's. Thirty-fifth r egiment, Cantey's. Thirty-sixth r egiment, Pierson's. Brigade, N o. IX. Thirty-seventh r egiment, Evans's. Thirty-eighth r egiment, Ellison's. Thirty-ninth r egiment, Spencer's. Ordered, T hat the report be recorded in the Secretary's o ifices in Charleston and Columbia; and t hat the report be printed as an appendix to an a dditional act to the act, entitled, " An act to o rganize the militia throughout the state of South-Carolina, i n conformity with the act of Congress. B y order of the House, John S andiord Dart, c. h. r. ( 3 57 ) In t he Senate, December 19, 1794. Resolved, That this House do concur with the House of Representatives in the foregoing re port. By order of the Senate, Felix W arlev, c. s. AnCT A jor establishing the salary of the Go vernor of this State, and the salaries of other Public Officers, and for other purposes therein mentioned. WHEREAS, i t is expedient and necessa ry, that a principle of economy should be observed in the management of the finances of this government : tBe i 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 governor of this state, who shall hereafter be elected, shall be entitled to receive the sum of six hundred pounds per annum, as a compensation for his services. That the chief justice, hereafter to be elected or appointed, shall receive the sum of six hundred pounds per annum, for his ser vices. That the associate justices hereafter to be elected or appointed, shall each receive the sum of five hundred pounds per annum, for their services. The attorney- general hereafter to be elected or appointed, shall receive for his services, the sum of two hundred pounds per annum. That the circuit court solicitors shall hereafter receive, in addition to their present sala ries of one hundred pounds per annum, the sum of a dollar and an half per diem , during .their at tendance on the legislature. That the commit* sioner of the treasury, hereafter to be elected, who shall reside in Charleston, shall receive the sum of four hundred pounds per annum. That ( 3 58 ) the c ommissioner of the treasury, hereafter to be elected, who shall reside in Columbia, shall receive the sum of three hundred pounds per annum. That the clerk of the senate, and the clerk of the house of representatives, shall each receive the sum of two hundred and eighty-se ven pounds per annum. That the messengers to each house shall each receive the sum of fifty pounds per annum. And the door-keepers, each the sum of fifty pounds per annum. That the house-keeper of the state-house shall receive the sum of twenty pounds per annum. Andbe i t further enactedby thcauthorityaforr. said, That all former laws for establishing the salaries of the public officers of this state, so far as the same may be repugnant to this act, shall be, and the same are hereby repealed. In t he Senate House, this seventeenth day of December, in the year of our Lord one thousand seven, hundred and ninety-four, and in the nineteenth year of the Indepen dence of the United States of America. DAVID RAMSAY, fPresident o the Senate. JACOB READ, Speaker of the House of Representatives. CTAn A to increase the number of Justices oft he Peace in the several counties throughout this State where county-courts are esta'; fished. "\ 7" HERE AS, it is found expedient and V V necessary to increase the number of justices of the peace in the several counties in this state where county courts are established: Bet i therefore enacted by the honorable the Senate and House of Representatives, note met and sitting in general assembly, and by the au thority of the same, That from and immediately ( 3 59 ) after t he passing of this act, the number of jus tices of the peace, in the several counties throughout tills state, where county courts are established, may be increased from nine, the number to which they are at present entitled, to fifteen for each county 4 any law, usage or custom to the contrary notwithstanding. In t he Senate House, this seventeenth day of December, in the year of our Lord one thousand seven hundred and ninety-four, and in the nineteenth year of the Indepen dence of the United States of America. DAVID R AMSAY, President o f the Senate. JACOB R EAD, Speaker of the House of Representatives. AnCT A to ascertain and fix on some conve nient and central situation for the Court-house, and other public buildings, for the county of Greenville, and for other purposes therein mentioned. WHEREAS, d issatisfaction hath arisen among the inhabitants of Greenville count}-, respecting the situation of their public buildings : t-Be i therefore enacted by the honorable the Senate arid House of Representatives, now met and sitting in general assembly, and by the autho rity of the same, That the reverend James Tar- rants, John M 'Beth, Peter Sarter, Isaac Green, Paul Abner, Samuel Walker, William Ander son, Robert Nelson, Martin Adams, William ' Goodlet, Josiah Foster, Silas Williams, James Kilgore, Thomas Townsend and William Choice, be, and they arc hereby appointed com missioners, with full power, either to alter the (0 J 6 ) placet a present fixed by law, for building a court-house and other public buildings for the said county of Greenville, or to confirm the same, as they, or a majority of them, shall think expedient and necessary; and that so much of an act, entitled, " An act to ascertain and fix on .some convenient and central situation for the court-house, and other public buildings, for the county of Greenville," passed the 21st day of December, 1793, as is repugnant to the pre sent act, be, and the same is hereby repealed. In the Senate House, this seventeenth day of December, in the year of our Lord one thousand seven hundred and ninety four, and in the nineteenth year of the Independence of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB H EAD, Speakerf o the House ofRepresentatives. AnCT A to dispense with the Wardens of Cam den sitting so often as twice in a month. WHEREAS, t he intendant, wardens and sundry other inhabitants of the town of Camden, have, by their petition to the legisla ture, set forth that, that part of the act, entitled, " An act to incorporate Camden," which re quires the wardens of the said town to meet twicx- in every month, is unnecessary : Bet i therefore enacted by the honorable the- Senate and House of Representatives, now met and sitting in general assembly, and by the au thority of the same, That from and after die passing of this act, the said wardens, or any two of them, shall, in rotation, meet once in every two months, or oftener if occasion it ( 3 61 -) quires, a t the usual place in Camden, for the purposes directed in the belbre mentioned act for incorporating Camden, any thing therein contained to the contrary notwithstanding. In t he Senate House, this seventeenth day of December, in the year of our JLord one thousand seven hundred and ninety four, and in the nineteenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A for appropriating a room in the Court house in Charleston, heretofore provided for the Court of Admiralty, for the future hold ing of the several Federal Courts, under tfte authority of the United States, that shall sit in the City of Charleston. WHEREAS, b y an act, passed the 27th day of February, 1788, entitled, " An act for "granting the sum of three thousand five hundred pounds for the building of a court house and jury rooms for the district of Char leston, and lor appointing and empowering com missioners to execute the same," it was enact ed, that the commissioners thereby appointed, should be authorized and empowered to provide in the said court-house, rooms for the holding of the courts of general sessions of the peace, and of the common picas, for die district of Charleston; also rooms for the courts of chan cery and of admiralty. And v hereas the said commissioners, in compliance with the direc tions aforesaid, have appropriated the western most room on the ground or first floor, lor the holding the courts of general sessions of the ( 5 62 ) peace, a nd of the common pleas; the Western- most room on the second floor, for the holding the courts of equity ; and the easternmost room on the second floor, for the holding the court of admiralty : • tlie i therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the au- t/writy of tlie same, That the said easternmost room, on the second floor of the said court - hoase, heretofore intended for the court of ad miralty, shall be, and the same is hereby ap propriated, until otherwise directed by an act of the legislature, for holding of the federal courts of the United States, which are from time to time directed to meet and sit in Charleston; any law, usage or custom, to the contrary not withstanding. In t he Senate House, this seventeenth day of December, in the year of our Lord one thousand seven hundred and ninety-four, and in the nineteenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. CTAn A for the removal and safe keeping of the records of the clerk's ojfice of the circuit courts of Cheraw district, and for other pur- poses.therein mentioned. WHEREAS, i t appears expedient and ne cessary to provide for the preservati on and safe keeping of the records belonging to the office of the clerk of the circuit courts of Cheraw district, while the court-house is re pairing : ( 3 63 } tBe i 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 immediately from Clerk's of- and after the passing of this act, it shall and ^p,1"^ may be lawful to and for the clerk of the cir- the town cuit courts in and for the district of Cheraws, ^reen" to keep his office of clerk of the said courts, un til the court-house shall be repaired, at such place not exceeding two miles from the town of Greenville, as the commissioners herein after named shall from time to time think fit and di rect ; and to remove to and keep at the place so to be appointed by the said commissioners as afore- • said, (and he is hereby directed and required so to do,) all and singular the records to the said office of the clerk of the said courts belong ing or in any wise appertaining, any law, usage or custom to the contrary in any wise notwith standing. eAnd b it further enacted by the authority aforesaid, That until the court-house shall be Posting repaired, the posting of any rule, to plead in °"of any cause depending in the circuit court of com- fice door mon pleas of the said district, on the front door vliUd- of the house w herein the office of clerk of the said court shall, in pursuance of this act, be kept, shall be deemed, taken and adjudged to be a legal service of such rule, to all intents and purposes whatsoever, in all cases when the post ing of a rule on the door of the court-house hath heretofore been deemed a legal service. eAnd b it further enacted by the authority aforesaid, That Alexander M'Intosh, Tristram Commissi- Thomasand William Falconer, be, and they on?rs are hereby appointed commissioners, and au- thorized and required to contract for, and pro cure without delay, in pursuance of this act, 2X ( 3 64 ) k c onvenient room, giving notice of their hav ing so done, under tlieir or a majority of their hands and seals, to the clerk ol" the said courts, to be the office of such clerk, proper for the re ception and safe keeping of the records afore said, and that the legislature will provide for the expense thereof. eAnd b it further enacted by the authority Records aforesaid, That as soon as the said court-house t o be re shall be repaired, the said commissioners are turned. hereby authorized and required to cause all and singular the said records to be removed back again to the said court-house. In t he Senate House, the seventeenth day of December, in the year of our Lord one thousand seven hundred and ninety -four, and in the nineteenth year of the Independence of the United States of America. DAVID RAMSAY, fPresident o the Senate. JACOB READ, Speaker of 'the House of Representatives. AnCT A to incorporate certain Religious Soci eties therein mentioned. WHEREAS sundry persons, inhabitants of this state, hare, by their petition to the legislature, prayed to be incorporated, by the name and denomination of the German Lu theran contra nation of St. John. And whereas sundry other inhabitants have petitioned the le gislature, to be incorporated by the name and denomination of the Upper Baptist Church on Dunkin's creek. And whereas sundry other inhabitants of this state, have petitioned the legis lature, to be incorporated by the name and de nomination of the Lutheran congregation of St. Peter. And whereas sundry odier inhabitants ( 3 65 ) ■of t his state, liave petitioned the legislature, to be incorporated by the name and denomination of the Episcopal Church of St. John's, Berkley county: Bet i therefore enacted by the honorable the Senate and Ilpuse of Representatives, ?iow met and sitting in general assembly, and by the au thority of the same, That all those who have German subscribed the petition for incorporating the LuU'eral (German Lutheran congregation of St. John, Soiurflt" who now are, and all those who shall be hercaf- J°lin »»- ter duly admitted or become members of that J^J**1" society, according to the rules, orders and con stitution of the same, to be formed, shall be, and they are hereby declared to be a body corporate and politic, by the name and style of the German Lutheran congregation of St. John. eAnd b it further enacted by the authority aforesaid, That all those who have subscribed Upper the petition for incorporating the Upper Baptist B''pust Church on Dunkin's creek, who now are, and Dunkjn»., all those who shall be hereafter duly admitted or ct^k in- become members of that society, according to^jpoia' the rules, orders and constitution of the same, to be formed, shall be, and they are hereby de clared to be a bod)' corporate and politic, in deed and in name, by the name and style of the Upper Baptist Church on Dunkin's creek, eAnd b it further enacted by the authority aforesaid, That all those who have subscribed Lutheran the petition for incorporating the Lutheran con- •c.onsI??a" gregation of St. Peter, who now are, and all petcr m.' those who shall be hereafter duly admitted or be- corpora- come members of that society, according to the te rules, orders and constitution of the same, to be formed, sliall be, and they are hereby also de clared to be a body corporate and politic, by the name and style of the Lutheran congregation of St. Peter. ( 3 G6 ) Ande b it further enacted by the authority E?Ucopai aforesaid, That the present vestry and church s'tTowf widens of the Episcopal church of St. John's, Berkley ' Berkley county, and their several and respective county, m- successors, duly elected for ever hereafter, shall corpora- ^ anj arg yKre\yy aiso declared to be a bo dy corporate and politic, by the name and style of the Vestry and Church Wardens of the Epis copal Church of St. John's, Berkley county. eAnd b it further enacted by the authority aforesaid, That the aforementioned societies, bo dies corporate and politic, shall be, and they are hereby invested with all the powers, privileges, right and immunities, which are usual! ed in and enjoyed by religious societies or < porations. In t he Senate House, this seventeenth day of December, in the year of our Lord o?ie thousand seven hundred and ninety-four, and in the nineteenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House ofRepresentatives. CTAn A for opening the ncnigation of Pine Tree Creek, from the mouth of said Creek ta thefir.'rs t hereof near Camden. " WHEREAS s undry inhabitants of the mv.s..i of Camden, and Camden district, contiguous thereto, have, by their petition to the legisL'itmv, represented, that the opening the na vigation of Pme-tree creek, from the Wateree- river, as high up the said creek as the forks thereof, by means of dams, canals, locks, and ( 3 67 ) clearing t he obstructions in the said creek, would be of great advantage and public utility : Bet i therefore enacted by the honorable the Senate and House of Representatives, nmv met and sitting in general assembly, and by the au thority of the same, That the proprietors of the lands whereon colonel Kershaw's lower mills, on the said creek, were formerly erected, shall and may cause the said creek to be made navi gable from the mouth thereof lo the place where merchant mills are now erecting, by the present proprietor, (Thomas Broom,) by means of dams, locks, canals, and clearing the obstructi ons now in the way, or in such other manner as to them shall seem most fit and convenient. Ande b it further enacted by the authority aforesaid, That the proprietors of the mills erect ed, and the proprietors of the mills which may be erected, upon both branches of the said creek, above the forks thereof, or either of them, shall and may open and continue the navigation of the said creek, from the lower mills, as high up the creek as the forks thereof, by means of canals, dams, locks, and clearing the obstructions in the said creek, or in such other manner as to them shall seem most fit and convenient. Provided, That no injury be done thereby, either to the mills that are or may be erected below the said forks. In t he Senate House, this seventeenth day of December, in the year of our Lord one thousand seven hundred and ninety-four, and in the nineteenth year of the Independence of the United States of America. DAVID RAMSAY, fPresident o the Senate. JACOB READ, Speaker of the House of Representatives. ( 3 58 ) CTAn A to establish certain Lotteries therein mentioned. WHEREAS s undry persons, inhabitants oi' Georgetown and its vicinity, have, by their petition, represented that die pooz- and necessitous among them are, during their suf ferings under the disorders incident to that port of the country in the fail of the year, extremely distressed for the want of some convenient build ing to be lodged in; and also have prayed, that they might be authorized by act of the legisla ture, to establish and draw a lottery, in order to raise a fund for the purpose of purchasing a lot and erecting a house in the said town, for the re ception of buch poor and necessitous people as may be real jects of charity : Bet i therefore etuicted by the honorable the Senate and House of Representatives, now met und sitting in general assembly, and by the autho rity of the same, That Robert Brownfield, Da niel Tucker, Nathan Hart, Francis G. Delesse- line, Erasmus Rothmahler, Cornelius Dupre, Francis Green, Abraham Cohen and John Mur ray, shall have full power, and they are hereby fully authorized and empowered to erect and proceed to the drawing, and finally to conclude a lottery for the purposes above mentioned. Provided they do not, by the said lottery, raise a fund exceeding one thousand pounds. And w hereas, The directors and stockholders of the company for the inland navigation from Santee to Cooper river, by their petition have set fortlt, tliat they have expended upwards of twenty thousand pounds of their own money, and are proceeding at the rate of an annual expendi ture of seventeen thousand pounds sterling, in promoting the great object for which they were incorporated; and have humbly prayed, that ( 3 69 ) they m ay have permission of the legislature to establish and conclude one or more lotteries, to raise a sum not exceeding six thousand pounds in the whole, that they may be enabled to pro ceed with spirit in the completion of the work committed to their care : Be i t, therefore enacted by the authority afore said, That the said company for the inland navi gation from Santee to Cooper river, be, and they are hereby vested with full power to make and proceed to the drawing and concluding one or more lotteries, for the above purpose : Provided they do not, by the said lotteries, raise more than die neat sum of six thousand pounds. In t he Senate House, this seventeenth day of December, in the year of our Lord one thousand seven hundred and ninety-four, and in the nineteenth year of the Independence of the. United States of America. DAVID RA MSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. An a dditional ACT, to an act, entitled, " An act for incorporating the Society of Free and Accepted Masons in this state," passed the twentieth day of December, in the year of our Lord one thousand seven hundred and ninety- one. WHEREAS i n and by the said act, it is amongst other things enacted, " That the society above mentioned, and the persons who now are or hereafter shall be members thereof, and the successors, officers and mem bers of it, shall be, and they are hereby declared to be a body corporate in deed and in law, by the name of die Grand Lodge of the Society of ( 3 70 ) Free a nd Accepted Masons; and that the said society shall consist of a grand master, and such officers, and with such style or title of office, as the said grand lodge may, by virtue of any reso lution or by-law, direct and appoint} and of the master and wardens of the several subordinate lodges, who, together may compose the said grand lodge ; and by the said name shall have perpetual succession of officers and members, and a common seal, with powers to change, al ter, break and make neAv the same. And the said grand lodge shall be able and capable in law, to purchase, have, take, hold, receive, enjoy, possess and retain, to itself and its successors, in perpetuity, any charitable donations and per sonal estates, and for any term of years or life, any estate or estates, lands, tenements or heredi taments of what kind or nature soever, not ex ceeding the annual income of five hundred pounds; and to sell, alien, exchange, demise or lease the same, or any part thereof, as it shall be thought proper; and by the said name to sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity in this state ; and to make such rules and by-laws, not repugnant and contrary to the laws of" the land, for the benefit and advantage of the said grand lodge, and for the order, rule and government of the same, and for the promotion of the prosperity, interest, benefit and advan tage of the craft in general. " A nd it is further enacted, That it shall and may be lawful for the said grand lodge, and the subordinate lodges, already constituted, and hereafter to be constituted, to have and to hold meetings of themselves, for the better manage ment of their respective and several charitable funds, and the application of them to proper pur ( 3 71 ) poses; a nd the transaction of all other business relating to the said grand lodge and other sub ordinate lodges, when, and as often as may be necessary, at any time and place, whatsoever and wheresoever it may be deemed expedient to asso ciate, assemble and meet together," as in and by the said in part recited act, reference being there unto had, may more fully and at large appear-. And w hereas, The masters, other officers and members of several of the subordinate and infe rior lodges, are desirous that they should be also made, established and incorporated, as separate and distinct bodies, politic and corporate, and it is expedient and proper that their desires shoidd be effected : tBe i therefore enacted by the honorable the Semite and House of Representatives, now met and sitting in general assembly , and by the autho rity of the same, That the several lodges here- Lodges in after particularly named, numbered and de- separately scribed, viz. Solomon's lodge, known by the r"tedP°" itumber one; the Union Killiwinning lodge, by number four; the Master's lodge, by number six ; the Jacksonburgh lodge, by number seven ; and Saint John's lodge, by number eleven; and the several persons who now are or hereafter shall be members respectively, and their succes sors, members and officers thereof, respectively and separately, shall be, and they are hereby de clared to be made, established and incorporated, as several separate and distinct bodies, politic and corporate, in name and in deed, and by the said names shall have perpetual succession of officers and members, and a common seal, with power to alter, change, break and make new the same, as often as the said lodges shall judge expedient. Ande b it further enacted by the authority aforesaid, That the said lodges, severally and 2Y ( 3 72 ) respectively, s hall be able and capable in law to* Amount purchase, have, hold, receive, enjoy, possess ofcapitai. anti retain to itself, or each or any of them, in perpetuity or for any term of years, any lands, tenements or hereditaments, of w hat kind or na ture soever, not exceeding the annual income of one thousand dollars; and to sell, alien, ex change, demise or lease the same, or any part of them, as any or either of the said lodges shall think proper, and by the said names to sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equiry in this state ; and to make such rules, orders and by-laws, not repugnant to the law s of die land, as may be necessary for the order, rule, good government and management thereof : and that it shall and may be law ful, from time to time, and at all times hereafter, for the officers and members of said lodges, for the time being, and their sue-* cessors, to assemble, congregate, and meet to gether, at snch stated times and places of form ing, as in and by the constitutions, re gulations, and by-law s of said lodges, are appointed and declared concerning the same. Ande b it further mulcted by the authority To retain aforesaid, That each and every of the said lodges, former s|lajj ^ capable in law, to have, hold, receive, property. . 1 ' » ' ^ enjoy a nd possess, separately and in severalty, all such estates, real or personal, money, goods, (■battels and effects, which they now possess, or ,' are entitled unto, or which have already been given, devised or bequeathed to them, or either of them, by whatsoever name such gift, devise or bequest may have been made. And to sue for, recover and receive, all and every the sum and sums of money, goods and chattels, houses, hereditaments and real estates, as now is or are, or hereafter may be due to, or kept or detained ( 3 73 ) from t hem, or either of them, by any one or more of their own fraternity or society, or any other person or persons whatsoever : Provided, That the annual income of the same does not exceed one thousand dollars. eAnd b it further enacted by the authority a foresaid, That this act shall be deemed and ta ken as a public act, and notice shall be taken thereof without specially pleading the same. In the Senate House, this seventeenth day of December, in the year of our Lord one thou sand seven hundred and ninety-four, and in the nineteenth year of the Jndcpeudence of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB R EAD, Speaker ofthe House of Representatives. CTAn A to compensate James Shoolbred and Mary his Wife, for certain property therein mentioned. WHEREAS t he commissioners appoint ed in and by an act of the legislature, passed the twenty-second of March, one thou sand seven hundred and eighty-five, for the pa rish road of Saint Philip and Saint Michael, were authorized to lay out a road on Charleston neck, to run in a straight line with Meeting- street continued, until it should intersect the high road. And whereas the said commissioners, in pursuance of the said act, did lay out a road, which took off a large proportion of a lot be longing to James Shoolbred and Mary his wife, for which it is reasonable they should receive an equivalent : ( 3 74 ) Bet i 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 Doctor Charles Dray ton, John Bui!, John M:Pherson, Anthony Toomer, Nathaniel Russel, Daniel Cannon and "William Johnson, esquires, be appointed com missioners to ascertain what compensation will be sufficient to indemnify the said James Shool- bred and Mary his wife, for the injury aforesaid; and that when the same shall be ascertained by the commissioners, or a majority of them, it shall be raised by an assessment, to be made on the taxable property in the city of Charleston. In t he Senate House, this seventeenth day of December, in the year of our lard one thousand seven hundred and ninety four, and in the nineteenth year of the Independence of the United States of America. DAVID RAMSAY, Presidentf o the Senate. JACOB READ, Speaker of the House of Representatives. AnCT A for making such provision for the debt of the State of South-Carolina, as is specified therein. WHEREAS o n a settlement of accounts between the United States and the in dividual states, the state of South-Carolina is a creditor to the amount of one million four hun dred and forty-seven thousand one hundred and seventy-three dollars and sixty cents: And whereas Congress has made ample provision for paying the interest on the aforesaid balance, and it is just and reasonable that the same should ( 3 75 ) be a ppropriated to pay the interest on the debt of the state, to the creditors thereof, as far as the same will extend: , tBe i therefore enacted by the honorable the Senate and House of Representatives., novo met and sitting in general assembly, and by the au thority of the same, That the interest to grow Fund due on the balance of the funded debt, due to the Pro state of South-Carolina, from the Congress oi e the United States, be, and the same is hereby appropriated and sacredly set apart, as a fund to make good the several engagements tint shall be entered into in pursuance of this act. And W hereas, It is necessary to make ar rangements for the equal distribution of the inte rest accruing as aforesaid, among the creditors of the state: liet i further enacted by the authority afore said, That a loan be proposed to the amount of Loan one million four hundred and forty-seven thou- °Pcned- sand one hundred and seventy-three dollars, and that books for receiving subscriptions to the said loan, lie opened at Charleston, on the first day of February next, by a commissioner to be appoint ed for that puq:>ose, to continue open until the "last day of September following, inclusively ; and that the sums which shall be subscribed thereto, be payable in certificates, issued for the said debt, computing the interest, upon such as bear interest, to the first day of January, one thou sand seven hunched and ninety-six. eAnd b it further enacted by the authority aforesaid, That the sums which shall be sub- what pa- scribed to the said loan, shall be payable in the Pe.ra re- principal and interest of such certificates as on loan8 were issued by William Gibbes and Edward Blake, late commissioners of loans, reduced to their Specie value, according to the laws of this ( 3 76 ) nstate; i such certificates as were given by the continental loan officer, as a surplus upon the subscriptions to the loan of four millions of dol lars, opened in this state, under the law of the United States, distinguishing between the prin cipal and interest, which may have been due on the same, at the time of the subscription, the principal of which shall be considered as drawing an interest of seven per cent, per annum, from the first day of January, in the year of our Lord one thousand seven hundred and ninety-two; in the receipts given by the respective treasurers, for special indents, registered in the offices, a- greeablc to the resolves of the legislature, direct ing the same, which shall be funded in no other manner than as a claim of interest against the state; and in ail the other general indents which have been issued under the authority of the state, with the interest which may have arisen thereon : Provided nevertheless, That nothing herein con tained shall be construed to authorize the com missioner, to be appointed under this act, to re ceive and fund indents, issued to the late Alexan der Giilon, esquire : And provided also, That no thing herein contained shall be construed to au thorize the said commissionerto receive and fund generaj indents, issued to persons whose estates were confiscated and afterwards restored, except at a rate of one for five. Ande b it further enacted by the authority Su Jus aforesaid, That if the total amount of the sums to heave- which shall be subscribed to the said loan, with- raged. jn xhc time limited for receiving subscriptions thereto, shall exceed the sum of one million four hundred and forty-seven thousand one hundred and seventy-three dollars, the certificates and credits granted to the respective subscribers, shall bear such proportion to the sums by them ( 3 77 ) respectively s ubscribed, as the total amount of the said sum shall bear to one million four hun dred and forty-seven thousand one hundred and seventy-three dollars. And the amount of the overplus, distinguishing between the principal and interest, together with the name of the sub scriber, shall be entered in books, to be kept by the commissioner for that purpose, who shall give an indent to each subscriber, stating the amount of the overplus, both in principal and interest. And every subscriber to the said loan shall, at-the time of subscribing, deposit with the commissioner the certificate or indent to be loaned by him : Provided, in every instance, that the said commissioner shall compare, every in dent offiared for loan, with the check books, and shall not issue other certificates for the same, unless the amount of the sums, and the names of the parties agree w ith those written on the margin of the said check book ; and shall also indorse on the back of each indent or certificate * which s hall be admitted to be loaned, that he has examined the same, and finding it right, hath cancelled it ; which cancelled indents the said commissioner shall thai file. Ande h it further enacted by the authority aforesaid, That the credit of. the subscriber or six per suhscrilrers, being ascertained as aforesaid, that ^?'^ " for any sum subscribed to the said loan, which deferred shall be paid in the principal of the debt, of thttU1180G state, the subscriber or subscribers shall be en titled to one or more certificates', at the option of the subscriber, purporting that the state of South-Carolina owes to the holder or holders, thereof, his, her or their assigns, a sum to be expressed therein, equal to two-thirds of the sum so paid, bearing an interest of six per cent. per annum, payable quarter-yearly ; and- to ano- ( 3 78 ) ther c ertificate or certificates, purporting tiiai the state of South Carolina owes to the holder or holders thereof, his, her or their assigns, a sum to be expressed therein, equal to the pro portion of thirty-three dollars and one-third of a dollar upon a hundred, of die sum so paid, which, after the year one thousand eight hundred and six, shall bear an interest of six per centum per r.inum, payable quarter-yearly. And the said debts shall be subject to redemption at the wiil of the state. Ande b it further enacted by the authority Three per a foresaid, That the credit of the subscriber or subscribers, being ascertained as aforesaid, that for any sum subscribed to the said loan, which shall be paid .in the interest of the debt of die state, the subscriber or subscribers shall be en- tided to a certificate or certificates, purporting that the state of Soudi- Carolina owes to the hol der or holders thereof, , his, her or tiieir assigns, a sum to be specified therein, equal to that by him, her or them so paid, bearing an interest of three per centum per annum, payable quarter- yearly, and subject to redemption at the will of the state. eA:ul b it further enacted by the authority interest aforesaid, That the interest upon the stock, cre- pay;J>ie atcj pursuant to this act, as the same shall be- ycariy.r come due, shall be payable at the office of t!ie commissioner of the treasury in Charleston, quarter-yearly, ; that is to say, one fourth part thereof, on the last day- of March; one other fourth part thereof, on the last day ,of June ; one other fourth part thereof, on the last day of Sep tember; and the remaining fourth part thereof, on the last day of December: the first payment to become due on the last day of March, which shall be in the year one thousand seven hundred iind n inety-six : and the said stock sh.ill be trans ferable only- on 'the books -ofthe said commissi oner, by the proprietor, or proprietors of the said stock, his, her or their attbrnies. Ande b it further enacted by the authority aforesaid, That the interest which' shall arise on interest the balance funded to the credit of tins state, by the United States, in the year one' thousand se- to foreign ven hundred mid ninety-five^hall beWkTover crcdit°w- by the treasurer in Charleston, as it sliall be re ceived, tothe foreign creditors'cf this state, Ln average and proportion to. each, if they or their agents make demand, of the same within- ten days before the quarter-yearly., payments, of the said interest become due:; otherwise in average and proportion amongst such as sliall make claim as albresaid; and if only one should make such claim, then in extinguishment, as far as the said interest will go, of the debt of such claimant: Provided, In every case, that the foreign cre ditors, or their agents, shall agree to give receipts . for. the payments made, according to the actual amount of the payment here. , - eAnd b it further enacted by the authority aforesaid, That whoever shall counterfeit, or,^.^,.,, utter, knowing the same to be counterfeited, any counter- of the receipts or certificates, to be issued in pur- ' suance of this act, shall, on conviction thereof, suffer death without benefit of clergy. eAnd b it further enacted by the authority aforesaid, That the act, entitled, " An act to John Lew- provide for the final settlement of the accounts >3 Gervais of the former commissioners of the treasury, and ™ "mce, other public departments, and all other persons andconsti- having accounts with the state," so far as it re- ^^oner lates and may relate to acts, accounts and trans- of loans, actions, matters and things, not yet completed and perfected ; and so far as to continue in full ■ 2Z ( 3 80 ) force a nd effect, all bills, actions, and suits, and the proceedings thereon, moved, commenced and instituted by the commissioners* who were ap pointed under the said act, and not yet ended ; and also in so far as to continue in office for and during the term of one year from the first day of January next, John Lewis Gervais, one of the commissioners under the said act, shall be, and the same is hereby continued until the first day of January, in the y ear one thousand seven hundred and ninety-six : Provided a/so, That the said John Levis Gervais, in addition to the duties required of him by thealrove men tioned act, do open, and keep open the books for receiving subscriptions for the loan, insti tuted by this act, and receive the subscriptions until the last day of September next, and to perform all other duties required by this act. Bet i further cnfictcd by the authority afore- Arrange- said, That John Lewis Gervais is hereby di- ^npess reclcd) in a'l cases where his duty is not plainly to be foi- or expressly pointed out by this act, to follow, lowed. as nearas may be, what has l)een done by the officers of the United States, in carrying into ef fect the arrangements made by Congress, for funding their debts and paying die interest on the same. In t he Senate House, the twentieth day of December, in the year of our I^ord one thousand seven hundred and ninety -four, and in the nineteenth yev'r of the Independence of the United States of America. DAVID R AMSAY, Presidentf o the Senate. JACOB R EAD, Speaker of tlie House of Representatives. ( 3 81 ) AnCT A for compelling- persons residing in this state, to attend and give evidence, under com mission, i\i suits depending in other states; and also to compel persons to attend and give evi dence under commissions issuing out, of the ■ c ourts of this state, and to give evidence before ' Justices of the, Peace, in causes within their jurisdiction. BE i t 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 \\ here a commission shall here- witness- after issue out of any court of judicature in ano- esiivingin ther of the United States, to examine any wit- ^ee8^ein! ness or witnesses residing in tliis state, touch- ed on com- ing any cause, matter or thing depending in such ™1SS1°" court, the person having obtained such com- courts of mission, or his or her agent, shall produce it to oth<*r a judge of the supreme courts, or county courts, sta *' of the state, who, on being satisfied of its au thenticity and regularity, shall direct a subpoena to issue, in due form, from the clerk's office of the nearest court of common pleas, or county . court, as the case may be, requiring the wit ness or witnesses named in such commission, to attend before the commissioners therein also named, at a certain time, and at some place not exceeding fifteen miles from the residence of such witness or- witnesses respectively, and give evidence fully, according to dieir knowledge, touching all such matters as shall be charged and set forth in the interrogatories and cross in terrogatories, annexed to such commission; which subpoena shall lie served on the witness or witnesses, personally, at least two days before the time at which attendance is required by it; and such witness or witnesses, so attending and giving evidence, shall be. entitled to the sum of (2 3 £ ) four s hillings -and ' eight pence each, for every day of necessary absence from home, and his or her necessiuy ferriages in going to and from, and attending the said commissioners, to be pad by the party obtaining the commission, or Ins or her agent, . lx-fore* it is delivered out of the hands of the commissioners, who are hereby authorized and required to estimate the number 'of, days for which payment is allowed as afore said,' and to retain the commission till such pay- •roent be mule; and if any witness, on wliom such subpoena shall be served, shall refuse4 or neglect to attend, according to the command thereof, or so attending, shall refuse to answer, on oath, to the- interr6gatories and cross interrogatories thereunto annexed, or any of them, Such witness shall be liable to the same actions, penalties and pains to which witnesses arc liable, who refuse or neglect, when duly subpoenaed, to attend in any court of record of this state, or so attending, refuse to give evidence : Provided, That no thing herein contained, shall authorize commis sioners toattach-or commit persons summoned as witnesses ; but that any of the superior courts of this state, on such subpoena as is herein men tioned, being produced, and satisfactory infor mation made on oath, that it was personally and in due time served on any witness therein nam ed, who refused or neglected to attend, accord ing to the commend of the said subpoena, or at tending, refused to answer as aforesaid, shall have power, and is hereby required to order an attachment against such witness, to appear and answer for such neglect or refusal, as for a con tempt of the court; which attachment shall he served and executed by the sheriff of that court where it was awarded, or his deputy, and shall run into any part of this state ; and such other proceed- ( 3 83 ) ings s hall be had thereon as are usual and allow ed in other cases of attachment for contempt. eAnd b it further enacted by the authority aforesaid, That where a commission shall issue by consent of parties, or otherw ise, out of any orCommissi- Ui.u ls_ court of judicature in this state, to examine anysuebycon- witness or witnesses, residing: within this state, s5ntofPar- touching any matter or thing depending in such amine wit- court, the said court shall have power, and is ne^cs re- hereby required to issue a subpcena in due and withm tiie legal form, commanding such witness or wit- state, un- nesses to attend before tlie commissioners, nam- fo^on" ed in the commission, at a certain time, arid at attend- some place, not more than fifteen miles from the ance' residence of such witness or witnesses respec tively, and answer, on oath, according to their knowtedge, to the interrogatories and cross in terrogatories annexed to the said commission ; which subpoena shall be served personally on the witness or witnesses therein named, at least two days before attendance is required by it, and such witness or witnesses, so attending and giv ing evidence, shall be entitled to the same com pensation, to be assessed and secured in the same manner, and in case of neglect or refusal to attend, or refusal to give evidence, shall be liable to the same actions, pains and penalties, and proceeded against in the same manner, as is provided by the first clause of this act, for the case of witnesses to be examined in causes pend ing in other states. Provided, That nothing in the foregoing part of this act shall be held to ex tend to persons unable to leave home, by reason of age, infirmity, sickness or bodily hurt; all which persons, whenever it may be necessary to examine them by commission, in causes de pending either in this state or other states, shall be attended by the commissioners; and in case ( 5 34 ) of t heir refusal to give evidence, or to answer to the interrogatories and cross interrogatories un der any such commission, shall \~>e liable to the action of the party who may Ix1 injured by tlic want of their testimony, and shall make repara tion in damages for such injur}-. eAnd b it Jhrt/wr enacted by the authority ti s raforesaid> That any justice of the peace in this the ;>face state, on the application of any party to a cause may tite within his jurisdiction, and depending before to nppw, him, shall have power, and is hereby required to under pe- issuea summons, citing any person or persons refuwlf°r whose testimony may be required in such cause, except persons confined by age, infirmity, sick ness or bodily hurt, to appear before him at a certain time, and at some place not more than twenty miles from the residence of such person or persons respectively, and give evidence in the said cause; which summons shall he personally served on such person or persons, at least three days before the time at which attendance is re quired by it j and if any such person or persons, on being personally served in due time with such summons, shall refuse or neglect to attend, or attending, shall refuse to give evidence, the par ty aggrieved by such neglect or refusal, may ap ply to the county court of the county, and where there are no county courts, to the nearest su perior court of the state ; which courts, or any of them, on such application, and production of the summons, with due proof oi" the service, neglect or refusal aforesaid, are hereby autho rized and required to proceed against such wit ness or witnesses, by attachment, as for a con tempt, in the same manner now used and allow ed, in the case of witnesses who refuse or neg lect to appear in any of the said courts, when duly subpoenaed, or appearing, refuse to give « ( 3 85 ) ev i dence ; and every tvitriess so refusing or neg lecting to attend before a justice of the peace, when duly summoned as aforesaid, or refusing to give evidence, when present, shall moreover be liable to the action of the party aggrieved by such neglect or refusal, and shall make compen sation in damages for the injury so sustained. In the Senate House, the twentieth day of December, in the year of our Lord one thousand seven hundredand ninety-four, and in the nineteenth year of the Independence of the United States of America. DAVID RAMSAY, fPresident o the Senate. JACOB READ, Speaker of the House ofRepresentatives. AnCT A to amble the commissioner? therein appointed, to clear out and remove the obstruc tions in that Branch of Ashe poo river, which is called the Horseshoe 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 Loxvder' 's- Lake, and for other purposes therein mentioned. BE i t 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 branch of Ashepoo Horse- river, which is calletl the Horse-shoe creek, shall shoe creek be well cleared out, and all obstructions therein ed out ami' shall be removed, and the same shall always be kept clear, kept clear, and that a drain or canal from the head of the said creek, up the sw amp called the Round O Swamp, to the junction of the two ( 3 86 ) branches o f the said swamp, at the plantation coil ed Gilkicker's, shall be cut, sunk and made, in die manner and by the persons hereinafter ap pointed for that purpose. Ande b it further enacted by the authority Commissi- aforesaid, That Col. William Fishbume, doctor oners ap- James Perry, John Logan and John Postell, es- pomted. (jUjres> anj doctor J limes Ciitherall, he, and they arc hereby appointed commissioners for the pur poses in this act mentioned; and that upon the death or resignation of either of them, or of any commissioner hereafter to be appointed, the va cancy shall be filled up by the appointment of the remaining commissioners ; and he shall have the same power and authority as the commissioners first appointed; and that any three of the said commissioners shall be a board or quorum, to do any business respecting the said creek, and canal or chain, arising out of this act ; and all acts, or ders and resolutions, passed, carried or done by the votes of a majority of the commissioners present at any meeting, shall be valid, legal and effectual, to all intents and purposes. Ande b it further enacted by the authority aforesaid, That if the commissioners appointed as aforesaid, shall fail to fill up die vacancies within twelve months from the time when they shall happen, each and every of the commission ers so failing, shall forfeit and pay die sum of fifty pounds to any one of the proprietors of land on, the said swamp, who shall sue for and prove the same in the circuit court of the district. eAnd b it further enacted by the authority Time and aforesaid, That the said commissioners shall place of i^id their first meeting at such time and place as »obe fixed, a majority of them may agree upon for that pur pose, and that, at that and every meeting after wards to be held, they shall adjourn to some ccr ( 3 37 ) bun t ime and place by them to be then appoint ed; and that the v shall meet twice or oftener in every year. The chairman of the board, or any three commissioners, shall however hare power Co call extraordinary meetings. Ande h it further enacted by the authority aforesaid, Tnat if any commissioner shill fail Penalties or neglect to attend any stated meeting, or any i;»» ""iwt- cxirabrdinary meeting, alter having had two **" ict" days notice of such meeting, he shall forfeit the sum of ten pounds ; and if while the labourers are actually at work, lie tail or neglect to attend :it tl * place for that purpose ap|x>inted, for every day's absence he shall forfeit the sum of two pounds, unless in eidier of these cases he shall offer, at the next stated meeting, such an excuse as a majority of the board skill determine to be good and sufficient. Ande b it further enacted by the authority (foresaid, That the said board shall have pow- Powers of t r to employ a surveyor to lay out the canal tl'.e c.om" aforesaid, in as ample a manner as they shall era. judge necessary or proper; and that the experi- ses thereof shall be, paid by an assessment by them to be laid, rated arid levied upon every slave herein after declared to be liable to work, upon the said canal; that they shall have full authority to have the said canal or drain made as deep, and to have any such banks made there- to, as they may deem necessary or proper ; and to have one or more locks made in the said ca nal ; and to build new bridges over the said creek and canal; and to enlarge or alter any bridge now erected, or hereafter to be erected, over the said creek and canal, in such manner as the* may think adviseable or requisite; and that they shall be empowered to cut dow n or use, for the said creek or canal, any trees or timber, ' ' 3A • ( 3 88 ) or a ny earth or stone, that may be found on of near the course of the said creek or canal; any law, usage or custom to the contrary thereof in any wise notwithstanding. Ande h it further enacted by the authority oSlaves t aforesaid, That every person owning or possess be reuirn- edundera ing any slave or slaves, residing upon the plan penalty. tations on the said swamp, shall, upon oath, re turn to the said commissioners, whenever by them required, the name of every slave, male or female, from the age of sixteen to fifty years, both included, whom he or she may so own or possess as aforesaid ; and if any such person shall fail or neglect to make such return within the time for that purpose to be prescribed by the said board, he or she shall forfeit the sum of three pounds sterling for every slave not returned as a- boveis directed, to be recovered, levied and raised by warrant under the hand and seal of the chair man of the said board, or any three of the com missioners, directed to such person or persons as he or they may think fit to name for that purpose. eAnd b it further enacted by the authority Slaveso t aforesaid, That every slave felling within the attend description in the next preceding clause contain with pro per tools, ed, shall be liable to work upon the said creek and work and canal; and whenever the said commission under a penally. ers shall think it proper to call out the said slaves, upon the said work, they shall give at least two days previous notice thereof to their owners, if they then be upon the plantations, and if not, to the managers or overseers upon the said plantations; and if there should be no own er, manager or overseer upon either of the said plantations, then to the driver belonging there to; and after having given such notice, every such slave shall, at the time appointed by the board, repair to the place for that purpose ap pointed; each male carrying with him a spade ( 3 89 ) nand a axe, and each female a hoc; and if any such slave shall fail or neglect to appear at the time and place so appointed, with the imple ments aforesaid, the owner thereof shall forfeit one dollar for every day during which such slave shall be absent; to be levied, recovered and rais ed in the same manner as is prescribed in the seventh clause of this act, for the recovery of the penalty therein mentioned; unless such owners shall, at the next regular or stated meeting of the board, oifer such excuse as they may think suffi cient: Provided always, That the said commis sioners shall not compel any slave to work upon the said creek or canal longer than twelve days in the course of any one year. Ande b it further enacted by the authority aforesaid, That the said board shall always have commissi- power to summon, by a previous notice of at oners au- least two days, all the white inhabitants living up- ^f^ on the plantations above mentioned, who are lia- putiol. ble to do patrol duty-, to appear well armed and accoutred, at the time and place where the slaves are to be employed; and upon being so sum moned, every such white inhabitant shall be bound to attend accordingly, and to execute all orders given to them by either of the commissi oners, for the superintendance and management of the said slaves, and to preserve among them peace and good order; and if either of the said white inhabitants shall fail or neglect to attend, as is above directed, or to execute the orders given him by either of the said commissioners, he shall forfeit two dollars for such neglect or dis obedience of orders, and for each day's default, to be levied, raised and recovered in the same manner as the penalty in the seventh clause of this act is directed to be recovered ; unless at the next regular or stated meeting of the board, he shall offer a sufficient excuse to them. ^ o (cs ■ puj ;itj // .t)i/,'.u:/' p^iUDu,) li'i i)ip> £i!.toij>im *&**.■& ip!,"s:?.'o/h \'nnjp.""'[ji uosj"id jroqs '.r.o:!.['» JDpui'i .piu,,,,,; jo ia'ij.iDiui JDijip jo Dip ' v.--)iro^/;iui;uoo -djojg °'l»-u..n1r jsur JO .ul 'piRs .1. 1:1 DM) 1 OSIDJ.TvD . JO 1.1-1 KHJ 'Al'lp JO ITTIIS L U• Ii'm oi'^jiu jdhuviu pairuo Dip .ThVssnd l n';i|(^u.MtnDjo nd'£J v\ wjc in nip pis >[^djd jo CTAn A to revise and extend an act, entitled, " An act to prohibit the importation of Slaves from A frica, or other places beyond sea, into, this state, for vivo years; and also to prohibit the importation or bringing in of negro slaves, mulattoes, Indians, moors or mestizoes, bound for a t erm of years, from any of the United States, by land or water." BE i t 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 an act, entitled, " An act to prohibit the importation of slaves from Africa, or from other places beyond • sea, into this state, for two years ; and also to prohibit the importation or bringing in of negro slaves, mulattoes, Indians, moors or mestizoes, bound for a term of years, from any of • the United ^States, by land or water," be, and the same is ( 3 92 ) hereby e xtended until the first day of January, in the year of our Lord one thousand seven hun dred and ninety-seven. eAnd b it further enacted by the authority aforesaid, That it shall not be lawful at any time hereafter, for any slave or free negro, mulatto, or mestizo, or other person of colour, whether bond or free, to be imported or brought into this state, or to land or enter the state, from the Ba hamas or West- India islands, or from any part of the eontinent of America, without the limits of the United States, or from other parts beyond sea: And all and every slave and slaves, which shall be imported or brought as aforesaid, upon landing or being landed, or conducted within this state, shall l>c, and the same are hereby de clared to be forfeited ; and the governor is here by authorized and required to transport said slave, and sell him or her, one half of the pro ceeds for the benefit of the state, and the other half to the informer: And moreover, the per son or persons who shall import or bring in such slave or slaves, upon being convicted there of, shall forfeit and pay to the state the sum of fifty pounds for each slave so unlawfully import ed or brought in ; and die ship or vessel, or other vehicle by which such slaves shall be so Unlawfully imported or brought in, is hereby dcclared responsible for paying the same, and shall forthwith be taken possession of for and on behalf of the state, unless the offender or offen ders, or some other person or persons, will, be fore some judge or magistrate, enter into bond and good security, to the state, for the payment of such penalty, together with costs and char ges, as shall be adjudged to be forfeited under or by virtue of this act. And if any free negro, mulatto or mestizo, or other person of colour, bond or free, from any of the places or parts ( 3 93 ) aforesaid, s hall land or enter this state of their own accord, they, and each of them, shall im mediately be apprehended and committed to gaol ; and notice of such commitment sh;ill im mediately be given to the governor of the state, who is hereby required to cause such person or persons to be transported to the place from whence they came, or such other place as he may deem most adviseable. And to provide for the maintenance of such persons, during their necessary confinement, (should they not have wherewith to support themselves,) it shall and may be lawful for the sheriff and gaoler to compel them to such reasonable labour as may be conveniently provided for them. In t he Senate House, the twentieth day of December, in the Year of our Lord one thousand seven hundred and ninety-four, and in the nineteenth Tear of the Independence of the United States of America. DAVID RAMSAY, President of the Senate. JACOB READ, Speaker of the House of Re presentatives. AnCT A to repeal the 12th clause of an act, entitled, " An act to alter and amend an act respecting the high roads and bridges," passed the 22d day of March, 1785, so Jar as the said clause relates to the bridge constructed over Edisto river, at Jacksonborough, and for other purposes therein mentioned. WHEREAS s undry persons, residing at and near Edisto river, by their petition to the legislature, have represented, that they are greatly aggrieved by the said act, in as far as that persons passing the said river at the said bridge, with vessels, boats and rafts, are thereby requir ed, under a considerable penalty, to drop anchor and drag under the same: tBe i therefore enacted by the honorable the Senate and House of Representatives, now met ( 3 9i ) and s itting in general assembly, and by the qui thority of the same, That from and after the first day of September next, the 12th clause of the said act, entitled, " An act to alter and amend an act respecting the high roads and bridges," passed the 22d day of March, 1 785, as far as it relates to the said bridge, constructed as afore said, over Edisto river, at Jacksonborough, be, and shall be repealed. Ande b it further enacted by the authority aforesaid, That as soon as may be convenient after the passing of this act, the proprietor of the said bridge shall, and he is hereby required to plank the middle arch of the same, and to place out substantial and ample booms above the said bridge ; and in default thereof, the said proprietor shall incur a penalty of one hundred pounds. And w hereas, The said proprietor, in order to make the alterations to tlie said bridge, as re quired by this act, must necessarily incur some expense: In consideration of the same% tBe i therefore enacted by the authority afore said, That the said bridge shall be, and is here by vested in the present proprietor, his heirs and assigns, for the further term of ten years, to commence at the expiration of the term for which he now holds the said bridge. In t he Senate House, this twentieth day of Deeeir.ber, in the Year of our Lord one thousand &even hundred and ninety -four, and in the nineteenth Year of the Independence of the United States of America. DAVID RAMSAY, President of the Senate. JACOB R EAD, Speaker of the House of Re presentatives. FEND O THE ACTS OF DECEMBER, 1794; AND END OF VOLUME I. The T ITLES of the ACTS. ACTSF O FEBRUARY, 1791. A N act for establishing the annual salaries of the public jTjl o fficers of government, and for ascertaining and regulat ing the fees to be taken by those who by law may be entitled to them, throughout the state, 3 An a ct for the abolition of the Rights of Primogeniture, and for the giving an equitable distribution of the Real Estates of Intestates, and for other purposes therein mentioned, 23 An a ct to establish a Court of Equity within this State, 'J9 An a ct to amend the several acts for establishing and regulat ing the Circuit Courts throughout this state, 34 An a ct 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 BeMifort, and ascertaining the duties of justices of the peace throughout the state, 46 An a ct to suspend the operation of the limitation act for the time therein mentioned, 55 An a ct for gradually calling in and sinking the paper medium, issued by virtue of an act, entitled, " An act to establish a medium of circulation by way of loan, and to secure its cre dit and utility,", passed the twelfth of October, one thou sand seven hundred and eighty-five, 56 An a ct for establishing the mode of granting the lands now va cant in this state, and for allowing a commutation to be re ceived for some lands that have been granted, 60 An a ct for establishing an easier and cheaper mode of reco vering money secured by mortgage on rer.l estates, and barring the equity of redemption ; and for abolishing the fictitious proceedings in the action of ejectment, 63 An a ct to provide for the final settlement of the accounts of the former commissioners of the treasury, and other public departments, and of all other persons having accounts with the state, 66 An a ct for loanin'g to the United States, a sum of the indents of this state under certain limitations therein mentioned, 72 An a ct empowering the treasurers to issue indents to sundry persons whose accounts were returned to the auditor-gene ral within the time prescribed by law, the vouchers for which were in the possession of the late William Arthur, Esquire, auditor for Qrangeburgh district, as well as sun- a The t itles of the acts. dry o ther accounts delivered in to the said William Arthur, Esquire, within the time prescribed by law ; but which ac counts and vouchers, owing to the death of the said William Arthur, Esquire, are lest or mislaid, and lor other purposes therein mentioned, 74 An a ct authorizing the inhabitants of the election districts where county courts are not established to choose commis sioners of the poor, 76 An a ct to suppress the pernicious practice, and prevent the evil consequences of excessive and deceitful gaming, swin dling, and other practices therein mentioned, 7» An a ct to ascertain the jurisdiction of the court of wardens of the city of Charleston, in the cases therein mentioned, 82 An a ct to establish a county and county court in the district of ' K ershaw, 85 An a ct for establishing certain regulations in Georgetown, 87 An a ct for establishing the upper line between the parishes of Prince George, Prince Frederick and Liberty county, 90 An a ct for opening and improving the navigation of Great Pe- dee, Watcree, Congaree, Broad river, Savannah, Keowee, Tugaloo and Black rivers, Lyr.ch's, Black, Jeffrie's and Catfish creeks, 9 1 An a ct for laying out and keeping in repair a public road lead ing from New-river bridge down to Tunbridge on New- river Neck, and from thence the nearest and best route to the mouth of Savannah Back river, including the road lead ing from Purysburgh, lately Kid out and worked on, to con tinue so as to intersect the same, 100 An a ct for laying out certain roads and establishing certain ferries, and for other purposes therein mentioned, 103 An a ct for vesting a bridge, to be built by Wade Hampton, esquire, at his own expense, across the Congarcc river; al so, a bridge over the Savannah river, opposite to the town of Augusta, in the said Wade Hampton, his heirs and as signs, for the term therein mentioned. Also vesting a bridge, to be built by John Compty, across Broad river, above the confluence of Broad and Saluda rivers, 11* An a ct to afford relief to John Lewis Gervais, and other pur chasers of public property, . 121 An a ct to vest in Sarah Bolton the personal estate of her late husband doctor Richard Bolton, 12$ An a ct to authorize the treasurers of this state to pay John Smith, esquire, indents to the amount of those received from the purchasers of the estate of Basil Cowpcr, which hath been sold by virtue of the confiscation act, 125 An a ct to enable the South-Carolina Society to hold real esates THE T ITLES OF THE ACTS. of t he annual value of two thousand pounds, and to bind to trades and professions, children educated at the expense of the society, 12» An a ct for building a toll bridge across Edislo river, in the county of Orange, from some place at or near the Old Mill Seat, situated within the limits of the town of Orangeburgh, on the north side of the said river, to the most convenient spot on the south side of the said river, and for making a causeway through the swamp leading from the said bridge to the main road leading; from Ninety-six to Charleston, and for vesting the said bridge, when built, in such person or persons, his and their heirs and assigns, for a term not ex ceeding twenty -one years, as shall be at the expense of build ing the said bridge and making the said causeway, and keep ing the same at ail times hereafter in repair during the said term, 123 An a ct to permit John Holman to come with his negro slaves into and to remain with them in this state, 135 An a ct to incorporate the Reman Catholic Church of Char leston, 136 An a ct for incorporating the Jewish congregation at Charles ton, called Beth Eloihim, or House of God, 138 An a ct to incorporate the several churches known by the names of the Presbyterian Church of Hopewell on Jeffries - creek; the Presbyterian Church of Aimwell on Pedee; the Presbyterian Church cf Lebanon on Jackson's creek, and the Baptist Church, (Ebenezer,) on Jeffries creek, 141 An a ct to incorporate Camden, 145 An a ct to exempt John Fisher and Malcolm Brown from the pains and penalties of the acts of confiscation and banish ment, and to restore to them such parts of their estates as remain undisposed of by the commissioners of forfeited estates, 150 An a ct for relieving and exempting the reverend Edward Jen kins from banishment, 1 5 1 An a ct to exempt William Greenwood from the pains and penalties of the act of confiscation and banishment, 153 An a ct to exempt William Bull, enquire, from the pains and penalties of the acts of confiscation and banishment, and to permit him to send back and employ his negroes and other slaves in this state, 153 FACTS O DECEMBER, 1791. An act to amend the act, entitled, " An act declaring the pow er and duties of the enquirers, assessors and collectors of the taxes, and other persons concerned therein, 153 THE T ITLES OF THE ACTS. An a dditional 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, 15t> An a ct to alter and amend the taw respecting juries, and to make some additional regulations to the acts for establish ing and regulating the circuit courts, 158 An a ct to amend and more effectually put in force for the. time therein limited, the act, entitled, " An act for the regulati on of the militia of this state," passed the 26th day of March, 1784, ' 1"3 An a ct to repeal part of an act passed the nineteenth day of Fe bruary, in the. year of oui Lord one thousand seven hundred and ninety-one, entitled, 1 An act for gradually calling in and sinking the paper medium of this state, issued by vir tue of an act, entitled, " An act to establish a medium of circulation by way of loan, and to secure its credit and uti lity," passed the twelfth day of October, in the year of our Lord cue thwsurtl seven hundred and eighty-five, 175 An a ct to appoint commissioners for laying and raisini>; an as sessment on the taxable property in the palish of Prince George (agreeably to its ancient boundaries) for the puijXise of paying the representatives of the late Thomas Lynch, esquire, deceased, the amount due on a contract made with him by the commissioners of the roi-ds, \77 An a ct to authorize the holders of the foreign debt in France, to redeem the siime in Amsterdam, 179 An a ct to permit the exhibition of theatrical entertainments, under certain regulations, 180 An a ct to make and establish the Vestries and Church War dens of the F.piscopal Churches of the parishes of Saint Phi lip and Saint Michael, in Charleston, two separate and dis tinct bodies, politic and corporate, and to enlarge their powers, 1 S 1 An a ct to establish certain ware-houses for the inspection and storage of tobacco, at the places therein mentioned, 185 An a ct to incorporate " The Grand Lodge and the several lodges under the jurisdiction thereof, of South-Carolina An cient York Masons," IS.S An a ct for incorporating the society of Free and Accepted Masons in this slate, 190 An a ct to repeal such parts of an act of the general assembly, passed the nineteenth d.'.y of March, in the year ofour Lord one thousand seven hundred and eighty-five, entitled, " An act for erecting and establishing a colle ge in the village of Winnsborough, in the district of Camden ; a college in or near the city of Charleston, and a college at Ninety-six, in the THE T ITLES OF THE ACTS. districtf o Ninety-six in the state of South-Carolina," as relate to the college established in Charleston, and for continuing the said college in Charleston, under other regulations, 194 An act to exonerate James Postell from the purchase of two tracts of land sold him by the commissioners of forfeited estates, late the property of John Hose, and for other pur poses therein mentioned, 200 An act to incorporate the German Friendly Society, 202 An act lo incorporate the society for promoting and encourag ing the education of children, and assisting and establishing schools for that purpose in Beaufort district, 204 ACTSf O DECEMBER, 1792. An ^ >ct prescribing, on the part of this state, the time, place and manner of appointing electors of President and Vice- President of the United Suites, 207 An a ct to alter and amend an act, entitled, " An act to oblige persons interested in marriage deeds and contracts to record the same in the secretary's office of this state, 209 An a ct to alter and amend the several acts for establishing and regulating the circuit courts through this state, 2 1 1 Ah a ct to prohibit the importation of slavesfrom Africa orother places beyond sea, into this state, for two years; and also to prohibit the importation or bringing in slaves or negroes, mulattoes, Indians, moors or mestizoes, bound for a term of years, from any of the United States by land or water, 215. An a ct to repeal a part of the act, passed the 19th of Februa ry, 1791, entitled, " An act for gradually calling in and sinking the paper medium, issued by virtue of an act, enti tled, " An act to establish a medium of circulation, by way of loan, and to secure its credit and utility," passed the 12th of October, 1 785, and for olherpurposes therein mentioned, 2 18 An a ct relating to the recovery of arrears and other debts, dues and demands, owing to bodies corporate by their members, 22 1 An a ct to extend the time for taking out of the secretary's office such grants of land as now lie in the said offve, 222 An a ct to authorize the county courts and commissioners of the roads to grant licences for keeping billiard tables, 223 An a ct prescribing, on the part of this state, the times, places and manner of holding elections for representatives in the Congress of the United States, 22., An a ct to ascertain the names by which the villages wherein the district courts are held in Pinckney and Washington districts, shall be known in law, and to provide uniform seals for the several district courts throughout the state, and to exempt the persons therein specified from toll and ferriage, 229 THE T ITLES OF THE ACTS. An c ct to tyrant a further time to the owners of wharves in Charleston, and other persons haring wooden buildings thereon, used as stores only, to pull the same down, 233 An a ct for vesting in the Town Council of Camden, the exclu sive power of granting licences for retailing spirituous and other liquors, and for keeping billiard tables within the li mits of the s:ad Town of Camden, and appropriating the sums arising therefrom to the benefitof said Town Council, 233 An a ct to establish an inspection and ware-houses at or near the Fish Dam Ford, on the south side of Broad river, 235 An a ct for enlarging the powers of the commissioners of Co lumbia, and for other purposes therein mentioned, 236 An a ct to establish anew county, to be formed out of the coun ties of Ciarcmont and Clarendon, and for other purposes therein mentioned, 238 An a ct tc pre' cnt the obstructions to the passage of fish up Big Lynch* s creek, 240 An L et to .«'•:( crtuin und fix the lines of division between the counties ol Kershaw -and L.inc.ster, and also those between the fdid county o* Kcrsh.'.w and the county of Claremont, and between the said counties of Kershaw and Richland, 242 An a ct to obuin a more accurate survey and map of the state, 244 An r .ct to alter the line of division between the counties of Laurens and Greenville, 245 An a ct ♦o incorporate the general committee for the. Charles ton P ptist Association Fund, 246 An a ct to ascertain and fix the line of division between the parishes of St. Peter's and St. Luke's, and for other pur poses therein mentioned, 248 An a ct to reimburse sundry inhabitants of Beaufort district the sum therein mentioned, and to make an appropriation thereof, in conformity with their petition, 250 ,An a ct to alter and amend an act, entitled, "An act for incorpo rating divers religious societies therein named," so far as the same relates to the Presbyterian church on Edisto-Island, 251 An a ct to extend the time for rebuilding the bridge over Ash ley river, which was vested in the late Col. Richard Hamp ton, his heirs and assigns, by act of the legislature, 254 An a ct to empower the president and wardens of the Indigo Society in Georgetown, to establish a lottery, 256 An a ct to extend the time allowed by law to Wade Hampton and John Compty, respectively, for building bridges over the Con^arce and Broad rivers, . 257 An a ct to authorize the Trustees of Cambridge college, in the district of Ninety-six, to establish a lottery for the benefit of that institution, 258 THE T ITLES OF THE ACTS. An a ct to allow John Clemment to take and receive the same rates of ferriage as have been heretofore taken, for the term of seven years, after the expiration cfthc present term, and for other purposes therein mentioned, 259 An a ct for laying out certain roads, establishing certain ferries and toll bridges, and for other purposes therein mentioned; and also to continue in force the laws for regulating the militia of this state, 260 An a ct for relieving and exempting John Wells from ban ishment, , 286 An a ct to exempt William Carson from the pains and penal ties of the act of confiscation and banishment, so far as it relates to his banishment, 287. FACTS O DECEMBER, 1793. An a ct to enable the circuit court of Georgetown, at the ensu ing 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 ad vancement of justice in the courts of law and equity ; and for other purposes therein mentioned, 288 An a ct for the election of commissioners of the poor in those counties, where county courts are establisdcd, 292 An a ct for the trial and punishment of persons guilty of mur der or manslaughter, and their accessaries, where the de ceased may be wounded, poisoned, or otherwise injured in one district, and die thereof in another, 293 An a ct to incorporate the Vigilant Eire Company in Charles ton, 294 An a ct to alter and change the times of holding several coun ty courts, and for other purposes therein mentioned, 296 An a ct to ascertain and fix on some more convenient and cen tral situation for the court-house and other public buildings for the county of Greenville, 298 An a ct to incorporate the United Independent Congregation al Church of Dorchester and Beach Hill, in the parishes of St. George and St. Paul, 300 An a ct to incorporate the Episcopal Church on Edisto Isl and, the Primitive Methodists of Trinity Church, Charles ton, and the Primitive Methodists of Ebenezer Church, Georgetown, 301 ACTSF O MAY, 1794. An act to organize the militia throughout the state of South- Carolina, in conformity with the act of congress, 305 An act to extend an act, entitled, « An act to provide for the THE T ITLES OF, THE ACTS. final s ettlement of the. accounts of the. former commission ers of the treasury anil other public departments, and of all other persons having accounts with the stafe, 33 1 An a ct to close the land office lor and during the term of four years, under certain limitations, and for other purposes therein mentioned, 333 An a ct to incorporate the Port Republic Bridge company, and to authorize them to btiild abridge and causeways, 337 An a ct to extend the time for taking out of the secretary's office, such grants of land as now lie in the said office, and for other purposes therein mentioned, 339 An a ct to build and repair certain gaols and court-houses, 341 An a ct for establishing the animal salaries of the powder in spectors and arsenal keepers for Charleston and Ninety-six . d istricts, v\ ithin this stale, and for limiting the duration of their offices to the term of four years, 34-2 An a ct to incorporate the Medical Society of Soutji-Carolina, 344 FACTS O D1X EMBER, 1794. An a dditional act to the act, entitled, " An act to organize the militia throughout the state of South-Carolina, ra conformi ty with the act of congress, 347 An a ct for establishing the salary of the governor of this state, and the salaries of other public officers, and for other pur poses therein mentioned, 557 An a ct to increase the number of justices of the peace, iti the several counties throughout this state, where county courts are established, 358 An a ct to ascertain and fix on some convenient and central situation for the court-house, and other public buildings, for the county of Greenville, and for other purposes there in mentioned, 359 An a ct to dispense with the wardens of Camden sitting so of ten as twice in a month, 360 An a ct for appropriating a room in the court-house in Charles ton, heretofore provided for the court of admiralty, for the future holding of the several Federal courts. undtTthc au thority of the United Stales, that shall sit in .tire city of Charleston, 361 An a ct for the removal and safe keeping of the records of the clerks office of tire circuit courts of Cheraw district, and for other purposes therein mentioned, 363 An a ct to incorporate certain religious societies therein men tioned, 364 An a ct for opening the navigation of Pine Tree creek, from the mouth of said creek, to the forks thereof near Camden, 366 THE T ITLES OF THE ACTS. An a ct to establish certain lotteries therein mentioned, 363 An a dditional act to an act, entitled, " An act for incorporat ing the society of Free and Accepted Masons in this state, passed the twentieth day of December, in the year of our Lord one thousand seven hundred and ninety -one, 369 An a ct to compensate James Shoolbred and Mary his wife, for certain property therein mentioned, 373 An a ct for making such provision for the debt of the state of South-Carolina, as is specified therein, 37-1 An a ct for compelling persons residing in this state, to attend and give evidence, under commission, in suits depending in other states; and also to compel persons to attend and give evidence, under commissions, issuing out of the courts of this state, and to give evidence before justices of the peace, in causes within their jurisdiction, 381 An a ct 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 Lowder's Lake, and for other purposes therein mentioned, 38S An a ct to revive and extend an act, entitled, " An act to prohi bit the importation of slaves from Africa, or other places beyond sea, into this state, for two years ; and also to pro hibit the importation or bringing in of negro slaves, mulat- toes, Indians, Moors, or mestizoes, bound for a term of years, from any of the United States, by land or water, 39 1 An a ct to repeal the twelfth clause of an act, entitled, " An act to alter and amend an act respecting the high roads and bridges," passed the 22d day of March, 1785, so far as the said clause relates to the bridge constructed over Edisto river, at Jacksonborough, and for other purposes therein mentioned, 393