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THE
STATUTES AT LARGE
OP
ISOUTH CAROL.1IVA;
EDITED, UNDER AUTHORITY OF THE LEGISLATURE,
THOMAS COOPER, M. D— L. L. D.
VOLUME SECOND,
CONTAINING THE ACTS FROM 1682 TO 171G, INCLUSIVE* *^ j
ARRANGED CHRONOLOGICALLY. v'^^^ \N
COLUMBIA, S. C. PRINTED BY A. S. JOHNSTON.
1837.
\^
1^3^-1^.4
COLESMN KARESM WW lIRRARt Un.ve«Ky of South Ca,o^ln;
Jl
ADVERTISEMENT CONCERNING THE NUMBERING OF
THE ACTS.
The original manuscript Public Acts, are numbered for many years in regular succession, in red ink ; but there are occasionnl omissions and interruptions in the series of the numbers. The Private Acts are numbered separately; and for some years a class was made of ^Temporary Acts (T. A.) not regularly continued ; these also were separately numbered. From the year 1719, the numbering ceases ; — the last number of the public Acts is 390, on the manuscript original. The numbers adopted by Chief Justice Trott, in his folio collection of the Laws of South Carolina, 1736, follow the original manuscripts so far as No. 181, or to the year 1700-1, page 85 of Trott's Laws. Judge Grimke in his collection of the Public Laws of South Carolina (quarto, 1790) pursues the original numbering so far as No. 185, A. D. 1700-1. Thenceforward the two collectors neither agree with the original manuscripts nor with each other. Judge Grimke's collection of the Public Laws commences with No. Ill, A. D. 1694, omitting all the previous Acts ; and he proceeds, but with so many omissions of Acts and sections and paragraphs, without laying before his reader satisfactory authority for these omissions, that his work cannot be regarded as authority. The able digest of Judge Brevard, is too much of an abridgement to be satisfactory to an accurate lawyer. Hence the necessity of laying before the public a collection that shall really fulfil the title of The Statutes at Large of South Carolina, as the only satisfactory basis for the reasonings of the Court and the Bar, and for the future operations of the Legislature in altering, amending improving, or condensing the Statute Law of the State, as it now imperfectly and confusedly exists.
The original manuscript Acts, when I have done with them, I shall deposit in the Secretary's office ; and to render them checks on the accuracy of the present publication, I have rejected the numbers of Trott and Grimke, and followed in that respect, and in all possible cases, the numbering of the original Acts. But these numbers are not always to be found on the Acts that exist ; and so many of the older Acts in manuscript, are lost, destroyed, defaced, or mutilated, from various accidents, that the numbering adopted in the present edition, must be of necessity in many cases conjectural- In such cases, I have carefully looked over the series of Acts of the session, and then consulting the previous numbers of the original Acts, and the discrepant
IV
arrangements of Trott and Grimke, I have assigned the number want- ing, upon a careful consideration of the best evidence the nature of the case afforded me. The class of Temporary Acts (T. A.) being numbered separately, renders an uniform and regularly consecutive system of numbering impossible to be adhered to throughout. The temporary Acts are also public Acts, but they are neither classed or numbered as public Acts. In fact, in the early period of our legisla- tion, nine-tenths of all our public Acts were temporaiy ; very few of them being enacted for more than two years, which period was after- wards extended (if deemed expedient) by continuing and reviving Acts. Wherever the introduction of temporary Acts has created an unavoid- able anomaly in the numbering, it is noticed : so that the consultation of the original manuscripts, where they exist, will be easy to those who wish to avail themselves of the Acts deposited. INIany of the Acts included in the series of Trott and Grimke, are contained in the first volume of this edition.
The present edition of the Statutes at Large, will doubtless contain many Acts that have been repealed, which have expired, oi become obsolete, and therefore in a great measure useless. Let this be determined by the only competent authority, the Legislature. To the history of our legislation, a collection like the present is absolutely necessary. Nor ought any compiler to exercise without authority a legislative function, however plain the case may be.
The original manuscript Acts have no marginal summaries to the sections ; where these are wanting, I have supplied them.
An Ordinance of the Assembly, of September 21, 1721, numbered 455 in this edition, directed a committee to be appointed to revise the laws ; and contemplated the possibility of the work not being completed within oite year. It appears from Trott's collection, p. 382, that the whole number of Acts that had^then been passed, was 47]. Of the proceedings of this committee, if any took place, no record remains. One hundred and sixteen years have now passed since that committee was raised. It was appointed to act on the legislation of thirty-eight years, when the infancy of the Colony, under the English laws, required but few additions. The public laws to the period of the Constitution in 1790, amount to sixteen hundred. The number of public Acts from 1790 to 1836, are about one thousand.
THOMAS COOPER, Editor.
Sadlr mf €^mwt€nt^>
N. B. — The Acts which are referred to the last volume are marked thus * ; those of which the titles alone are now to be found, are left unpaged.
A. D. 1682. No. 1. An Act for the observation of the Lord's Day. May 26, 1G82. Confirmed by Act No. 28.
2 An Act for the suppression of Idle, Drunken and Swearing Person.^, inhabiting within
this Province. May 26, 1682. Confirmed by Act No. 98.
3 An Act for Highways. May 26, 1682.
4 An Act for settling the Militia. May 26, 1682.
5 An Act for raising a Tax of il400, or the value thereof, for defraying the publick
Charges of this Province. June 8, 1682. 1683. 6 An Act to suspend prosecution for foreign debts. September 25, 1683.
7 An Act inhibiting the Trading with Servants or Slaves. Sept. 25, 1682. Quere, if
this ought not to be 1683 ? See Nos. 34, 60, 81, ISf).
8 AnActforraising the value of ForraignCoyn. Sept. 25, 1682. (Qu. 1683?)
9 An Act for the Tryall of Small and Mean Causes, under 40s. Sept. 25, 1683. See No.
38, 43, 55, 88.
10 An Act for Servants arriving without indentures or contracts. See Acts No. 28, 40.
11 An Act concerning the Highways. Sept. 25, 1683.
12 An Act for raising a Tax of £500 sterling, for the defraying the publick charges of this
Province. Sept. 25, 1683.
13 An Act for preventing the taking away of Boats or Canoes. Sept. 25, 1683. See
Nos. 28, 126.
14 An Act for marking all sorts of Cattle. Sept. 25, 1683.
15 An Act for damage of Protested Bills of Exchange. Sept. 25, 1683. See No. 28.
16 An Act for regulating the Surveyor General's fees. Sept. 26, 1683. To continue
during the time that Maurice 3Iatthews is Surveyor General.
17 An Act for ascertaining Public Officers Fees. Sept. 25, 1683. For 23 months.
18 An Act to prevent unlicensed Taverns and Punch Houses, and for the ascertaining the
rates and prices of Wine and other Liquors. Sept. 25, 1683. For 23 months.
19 An Act to prevent Runaways. Nov. 7, 1683. See Act No. 28, 188. 1685. 20 An Act for settling the Militia. April 11, 1685,
21 An Act for the raising of £500 sterling, besides the Assessors' particular assessments,
for the defraying the public charges of this Province. April 11, 1685. 22. An Act for the settling of a Pilot. April 11, 1685.
(The originals of the preceding Acts are not now to be found. The titles of them are preserved in Trott's Laws of South Carolina, pages 1, 2, 3. )
i TABLE OF CONTENTS.
23 An Act ascertaining the Governor's fees 3
24 An Act for the ascertaining the fees of the Surveyor General, Clarke of the Peace
and Crown, Coroner, and of tlie Clarke of the Parliament .4
*25 An Act for the cleaning the lottes and streetes of Charlestown, and for the settle- ment and regulation of a Night-watch in the said town 7
26 An Act for the restraining and jmnishhig Privateers 7
27 An Act for the better security of that part of the Province of Carolina, that lyeth
southward and westward of Cape Feare, against any hostile invasions and attempts by sea or land, which the neighbouring Spaniard or other enemy may make upon the same 9
28 An Act for the reviving of several Acts of Parliament heretofore made in this parte
of the Province of Carolina which lyeth south and west from Cape Feare 13
29 An Act for the reviving and ascertaining the fees heretofore chargeable to the
Register of Marriages, Births and Burialls, belonging to that parte of the
Province of Carolina which lyeth south and west from Cape Feare 14
A. D. 1686 30 An Act of Parliament intitled an Act to leavy and impresse Men, Arms, &c. for the
defence of the Government, and for the assessing 500 Pounds, &c 15
1687 *31 An Act for making and mending Highwayes and Pathes, and for cutting of Creeks
and Water-courses 18
32 An Act for ascertaining the Governoi's fees , 18
33 An Act for the raising of a public store of Powder, for the defence of this Province. . .20 *34 An Act inhibiting the trading with Servants or Slaves 22
35 An Act for raising £300, for building Galleyes and for providing store of provisions
for the same, for the defence of the country „ 23
*36 An Act for the cleareing the lottes and streetes of Charlestowne, and for the settle- ment and regulation of a Night-watch in the said towne 25
27 An Act for the suppressing and punishing Privateers and Pirattes, and to direct and require the speedy opposition of them or any other enemyes that shall invade or molest this Province 25
38 An Act for the tryall of Small and Meane Causes 27
39 An Act for ascertaining the damage upon Protested Bills of Exchange,! and to
prevent the carrying of money from this Province 29
40 An Act for servants hereafter arriving without indentures or contracts 30
41 An Act for the preventing Seamen contracting of great debts 31
42 An Act for regulating the entry es of Vessels and giving out of Ticketts 32
43 An Act for the tryall of Small and Meane Causes 34
44 An Act for the leavying and assessing of =£800 36
45 An Act to ascertain the prices of Commodityes of the country e's growth 37
46 An Act to ascertain the damages upon Protested Bills of Exchange 38
47 An Act for the better regulation of the Militia.
1690 48 An Act for ascertaining the Governor's fees 39
*49 An Act for the better settling and regulating of the Militia 40
""SO An Act for the settling and continuing a Watch in Charlestown 40
51 An Act for the raising a fund of money for the maintaining of a Watch on SuUi-
van's Island 40
52 An Act for the raiseing of a Pubhc Store of Powder for the use of this Province. . . .42
53 An Act to disable James Colleton, Esq. late Governor of this part of the Province,
from bearing or exercising any authority either military or civil in this part of the Province, and for his departing the same 44
1691 54 An Act to explaine severall Clauses and Words of an Act of Parliament entitled an
Act to disable James (^"olleton, Esq. late Governor of this part of the Province, from bearing or exercising any authority either military or civil within this
part of the Province, and for his departing the same 46
55 An Act for the tryall of Small and Meane Causes 47
*56 An Act for making and mending Highv^ays and Paths and for cutting of Creeks and
Water-Courses 49
*57 An Act for the better ordering of Slaves 49
58 An Act for the disabling of the several persons that did sett up and advi»e the set- ting up and executing Martiall Law 49
TABLE OF CONTENTS. vii
59 An Act for ihc settling of Pilotage 50
60 An Act inhibiting the trading with Servants and Slaves , 52
61 An Act to prevent allevill disposed persons from trusting all Mariners and Seamen. .54
62 An Act for regulating the Indian Trade.
63 An Additional Act to an Act entituled an Act for regulating the Indian Trade.
64 An Act for the ascertaining the Guage of Barrels, and for avoiding of deceipts in
selling and buying Beefe and Porke 55
65 An Act for the better encouragement of the Settlement of that part of the Province
that lyes south and west of Cape Fearc 58
66 An Act for the better securing the Payment of Debts due from any person inhabit-
ing and resideing beyond Sea or elsewhere without the limits of this part of the Province 61
67 An Act for the Entryes of Vessells.
68 An Act for raising a Ta.x.
69 An Act for destroying wild and unmarked Cattle.
70 An Act for the making and mending Highvvayes and for cutting of Creeks and
Water-courses. *71 An Additional Act to an Act entituled an Act for the better settlement and regula- ting of the Militia 63
72 An Act for the encouragement of the making of Engines for propagating the staples
of this Collony 63
73 An Act for laying a Tax or Duty on Skins or Furrs, for the publick use of this Pro-
vince, and regulating the Indian Trade 64
74 An Act for the better observance of the Lord's Day, commonly called Sunday 68
75 An Act to punish persons which divulge reports to the dishonour of the Right Hon-
ourable the Lords Proprietors and the disturbance of the peace of the present Government 70
76 An Act to indemnify all Officers which have executed any orders of Parliament 71
77 An Act to estabhsh and settle the weight of Spanish Coyne 72
A. D. 1692 78 An Act to regulate the Election of Members of Assembly.
79 An Act for destroying Unmarked Cattle.
80 An Act to prohibit the engrossing of Salt, and to ascertain Weights and Measures,
and to appoint a Market Place in Charlestown.
81 An Act inhibiting the Tradeing with Servants and Slaves.
82 An Act to prevent Mariners and Seamen running into Debt.
83 An Act for the raising of a publick Store of Powder for the defence of this Province.
84 An Act for the Settling of Pilotage.
85 An Act for the better observance of the Lord's Day, commonly called Sunday. *86 An Act to prevent Swine going loose and at large in or about Charlestowne, and
to prevent Nuisances 74
87 An Act to impower the several Magistrates, Justices, Ministers and Officers within
this part of this Province, to execute and put in force an Act made in the Kingdom of England, Anno 31, Caroli 2, Regis, commonly called the Habeas Corpus Act.
88 An Act for the Tryall of Small and Meane Causes 74
89 An Act to provide Indifferent Jurymen in all Causes Civil and Criminal.
90 An Act for settUng and continuing a Watch in Charlestown, and to clear the same
from underwood.
91 An Act for making and mending Highways and Paths, and for cutting of Creeks
and Water-courses.
92 An Act to make current, establish and settle the weight of Forreign Coyne. 1693 93 An Act for the Entry of Vessels.
94 An Act for ascertaining the Guage of Barrels, and for avoiding of deceipts in selhng
and buying Beef and Pork.
95 An Act for regulating Publick Houses, and for ascertaining the prices of Liquors.
96 An Act for raising Money for the several uses withm mentioned.
97 An Act for the better settling and regulating the Militia.
98 An Act for setthng and continuing a Watch in Charlestown, and to clear the same
from underwood.
viii TABLE OF CONTENTS.
99 An Act for ascertaining Public Officers Fees.
100 An Act for the better securing the payment of Debts due from any person inhabit-
ing and residing beyond Sea, without the limits of this part of the Province.
101 An Act for the belter ordering of Slaves. A. D. 1694 102 An Act for the Poor.
103 An Act to encourage the making of Wine, Indigo and Salt, within this Settlement.
104 An Act to encourage the planting of Wheat.
105 An Act for the limitation of Actions and for the avoiding of Suits in Law.
106 An Act for the better and more certain keeping and preserving of old registers and
Publique Writings of this part of the Province.
107 An Act for the better settlement of this Province 79
103 An Act for the determination of General Assemblies, and for preventing of inconve-
niencies happening by long intermission of General Asesmblies 79
109 An Act to put in force the several Acts of the Kingdom of England therein particu-
larly mentioned.
110 An Act to prevent the Sea's further encroachment upon the Wharf at Charles-
towne.
111 An Act for making sufficient Fencesand keeping the same in repair.... 81
112 An Act to raise 3Ioney to be disposed of for the encouragement of the production
and manufacturing of divers sorts of Provision and Commodities of the growth of this Province.
1695 113 An Act for the raising of a Publick Store of Powder for the defence of this
Province 82
114 An Act for regulating Publique Houses 85
115 An Act for ascertaining Publique Officers Fees 86
116 An Act for the setthng of Pilotage 93
117 An Act to revive the several Acts within mentioned 94
118 An Act to make currant, estabhsh and settle the weight of Forraigne Coyne 94
119 An Act to provide indifferent Jurymen in all causes, civil and criminal.
120 An Act for the ascertaining the Guage of Barrells, and for avoiding deceits in selling
and buying Beef and Pork.
121 An Additional Act for the better collecting and receiving the duties and rates
upon Liquors, Tobacco and Provisions, imported into this part of this Province.
122 An Act declaratory concerning Indifferent Jurymen, in all causes, civil and
criminal.
123 An Act to revive the several Acts within mentioned.
1696 124 An Act to ascertain the prices of Land, the forms of Conveyances, and the manner
of recovering of Rents for Lands, and the prices of the several commodities
the same may be paid in 96
T25 An Act for remission of part of arrears of Rent, and to ascertaine the payment of
the remainder 102
126 An Act to prevent the stealing and taking away of boats and canoes 105
127 An Act for the destroying of unmarked cattle 106
128 An Act for destroying Beasts of Prey, and for appoynting Magistrates for the hear-
ing and determining of all causes and controversies between White Man and Indian, and Indian and Indian , , 108
129 An Act for laying an imposition upon Skins and Furrs, for the defence and publick
use of this country 110
130 An Act for regulating PubUck Houses, and to ascertaine the prices of Liquors 113
*131 An additional Act to prevent the Sea's further encroachment upon the Wharfe at
Charlestowne 115
132 An Act for the Poor 7 116
*133 An Act to appropriate the monies raised and to be raised by an Imposition on Liquors, &c. imported into, and Skinns and Furrs exported out of, this part of
this Province, to a Fortification in Charlestowne 117
134 An Act to continue and revive the several Acts within mentioned 117
*135 An Act inhibiting the tradeing with Servants and Slaves 118
136 An Act to prevent Mariners and Seamen running into debt 118
TABLE OF CONTENTS. ix
"iol An Act for the regestering of Birthes, Marriages and Burials 120
*138 An Act for tlic better settling and regulating the Militia 121
*]39 An Actforthe keepingand maintaining a Watch and good Orders In Charlestown. .121 *140 An Act for the cutting of several Creeks and Water Passages for the benefit of the
Inhabitants of this Province , 121
*141 An Act for the better ordering of Slaves 121
*142 An Act for the making and mending Higluvays and Paths, and for the cutting of
Creeks and Water-courses .'.. 122
143 An Act to prevent abuses by false Weights and Measures, and to appoint a sworn
Measurer 122
*144 An Act to revive an Act for the better settling and regulating the Militia 124
145 An Act for the encouragement of the better settlement of South Carolina 124
146 An Act for the raising of a Publick Store of Powder, for the defenceof this Province. *147 An Act for building a Fortification at Ciiarlestown , 125
148 An Act to continue the Acts within mentioned. 125
140 An Actforthe Settling of Pilotage 127
A. D. 1G97 l.')0 An Act to make currant Foraign Coin, and settle the weight thereof
151 A Declaratory and Additional Act to provide indifferent Jurymen in all Causes civil
and criminal.
152 An Act to regulate the election of Members of Assemhly.
153 An Act for the limitations of Actions and for the avoiding and preventing Suits in Lavp.
154 An Act for the making Aliens free of this part of this Province, and for granting
liberty of conscience to aft Protestants 131
155 An Act to settle the form of conveyances for the purchase of the Quit Rents of
Lands patented at One Penny per Acre 133
15G A Declaratory and Repealing Act.
WJ8 *157 An Additional Act for the better settling and regulating the Militia, 135
*158 An Act to settle a maintenance on a Minister of tlie Church of England in Charles- town 135
1.59 An Additional Act for the Poor ^ 135
*100 An Act for making and mending Highways and Paths, and for cutting of Creeks
and Water-courses 137
161 An Act to prevent deceits by double Mortgages and Conveyances of Lands,
Negroes and Chattels, &c 137
*162 An Act for settling a Watch in Charlestown, and for preventing of Fires 138
163 . A reviving, continuing and repealing Act 138
164 An Act for the Entry of Vessels ..., 140
165 An Act for ascertaining Publick Officers Fees .143
166 An Act for the raising of a Publick Store of Powder, for the defence of this Province . 150
167 An Act for the encouragement of the importation of White Servants 153
*168 An Act for the better ordering of Slaves 156
iC99 169 An Act to continue and revive several Acts within mentioned 156
170 An Act for the ascertaining the Guage of Barrels, and for avoiding Deceipts in
selling and buying Beef and Pork 157
*171 An Act for securing the Provincial Library at Charlestown, in Carolina 160
1700 172 An Act to make Sullivan's Island more remarkable to Mariners 161
*173 An Act to prevent the Sea's further encroachment upon the Wharf at Charlestown. 162
174 A continuing and reviving Act.
175 An Act to lay an imposition on Liquors and Goods imported into this part of the
Province, for the defence and support of this Government.
176 An Act to raise the current Coin of this Province 163
1701 177 An Act to prevent Horses being brouglit by Land from the Northern Settlements
into this Government. • 164
*178 An Additional Act for-making and mending Highways 165
179 A repealing Act 165
180 An Act to prevent Prisoners from making escape, and to appoint Sessions and Goal
V Delivery twice every year 166
181 An Act for the better regulating the proceedings of the Court of Admiralty in Caro-
lina, and the Fees of the same 167
182 An Act for the better settling of Pilotage 173
TABLE OF CONTENTS.
183 An Additional Act to an Act for laying an imposition on Liquors, &c 177
184 An Act to raise the currant Coin, and for the promoting of the Currency of Heavy
Money.
185 An Additional Act to an Act for the ascertaining of Gageing of Barrels, &c 178
I IBS An Act for the better settling of Pilotage.
187 An Act for the encouragement of killing and destroying Beastsj of Prey and Birds. . 179
188 An Act for the prevention of Runaways deserting this Government 180
189 An Act for the better settling and regulating the Militia, and appointing Look-outs.
190 An Act for settling a Watch in Charlestown, and for preventing Fires and Nuisances
in the same, and for securing twenty foot on each side of the Half Moon, for Publick Landing Places.
191 An Act for the better ordering of Slaves.
A. D. 1702 191 An Act for raising money for the Publick use and defence of this Province 182
[The two last are duplicate numbers ]
192 An Additional Act to provide indifferent Jurymen in all Causes, civil and criminal.
193 An Ordinance of the General Assembly, directing the manner how juries shall be
drawn.
194 An Additional Act for the mending of Highvi'ays, &c.
195 An Act to revive the several Acts within mentioned 186
196 An Act to prevent abuses by false Weights and Measures, and to appoint a sworne
Measurer, with a clause to prevent tha scarcity of Salt 186
197 An Act to erect a General Post OfRce 188
198 An Act for raising the sum of £2000, of and from the Real and Personal Estates,
and of and from the profits and revenues of the Inhabitants of this Province, for the carrying on this present expedition against St. Augustine, and for appointing the number of Men and Ships to be made use of, and the manner and method of going against the said place.
199 A Continuing, Reviving and Repealing Act 190
200 An Act for the better settling of Pilotage 191
201 A Declaratory Act for the avoiding Disputes about the power of the Government,
whilst the present Governouris heading our Forces against St. Augustine.. . .195 i703 202 An Act for the more effectual suppressing of Blasphemy and Profaneness 196
203 An Act for the regulating of Taverns and Punch Houses 198
204 An Act for the laying an imposition on Furrs, Skinns, Liquors and other Goods find
Merchandize Imported into and Exported out of this part of this Province, for the raising of a Fund of Money towards defraying the publick charges and expenses of this Proviuce, and paying the Debts due for the Expedition against St. Augustine 20O
205 An Act for raising the sum of £;2000 on the Real and Personal Estates, and of and
from the Profits and Revenues of the Inhabitants of this Province, and estab- lishing of Bills of Credit for satisfying the Debts due by the Pubhek on
account of the late Expedition against St. Augustine 206
*206 An Act for the better settling and regulating the Militia, and appointing Look-outs. .212 *207 An Act for the keeping and maintaining a Watch and good Orders in Charlestown. 212
208 An Additional Act to an Act for raising a Publick Store of Powder 213
209 An Act to revive and repeal the several Acts within mentioned 214
*210 An Act for cutting a Creeke out of the head of New Town Creeke into Stono
River 315
211 An Act for the encouragement of killing and destroying Beasts of Prey 215
212 An Act for the ascertaining the Guage of Barrells, and for avoiding Deceipts in
Selling and Buying Beef and Pork, Pitch and Tarr 216
213 An Act for taking up and killing wild, unmarked and out-lying Cattle 220
*214 A Continuing and Additional Act to an additional Act for making and mending
Highways 223
215 An explanatory and additional Act to an Act entituled an Act for laying an imposi- tion on Furrs, Skins, Liquors and other Goods and Merchandize imported into and exported out of this part of the Province, for the raising of a Fund of Money towards the defraying the Publick Charges and Expences of this Province, and paying the Debts due for the Expedition against St. Augustin; Ratified in open Assembly the sixth day of May, 1703,
TABLE OF CONTENTS. . xi
f An Act to make authentic the copy of an Act entituled an Act against Bastardy,
216 ] the original being lost 223
( An Act against Bastardy 224
S17 An Act for making 3Iariaers and Sailers more useful in time of alarms, and for punish- ing of Victuallers for entertaining of persons in time of alarms 227
*218 An Act for the cutting and makiitg a Path out from the Road on the North side of Ashley River to the Towne of Wilton, in Colleton county, and appointing Ferries on the said Road 229
*219 An Additional Act to an Act entituled an Act to prevent the Sea's further encroach- ment upon the Wharfe at Charlestowne, and for the repairing and building more Batterys and Flankers on the said wall to be built upon the said Wharfe ; and also for the fortifying the remaining parts of Charlcstown by Intrench- nients, Flankers and Pallisadoes, and appointing a Garrison to the Southward . .229 220 An Additional Act to an Act entituled an Act for raising the sum of »C4000 on the Real and Personal Estates, &,c.; Ratified in open Assembly, the Eighth day of May, 1703 229
*221 An Act for the better regulating the Watch in Charlestown 232
A. D. 1704 222 An Act for the more effectual preservation of the Government of this Province, by requiring all persons that shall hereafter be chosen Members of the Com- mons House of Assembly, and sit in the same, to take the Oaths and subscribe the Declaration appointed by this Act, and to conforme to the Religious Worship in this Province according to the Church of England, and to receive the Sacrament of the Lord's Supper according to the rites and usage of the said Church 232
*223 An Act to make all Goods imported and exported in any Vessells belonging to this Port, to pay the same Duties as if imported in Vessells not belonging to the same, to incourage Navigation : And to impower the Governour to draw Money out of the Treasury for damage done to the Town Lotts by the Intrenchments 235
224 An Act for the adjournment of the General Sessions to be holden on Wednesday, ^ the 18th of this instant October, and for the directing how the General Sessions
may at any time be adjourned for the future.
225 An Act for the establishment of Religious Worship in this Province, according to
the Church of England, and for the erecting of Churches for the Public Worship of God, and also for the maintenance of Ministers and the building convenient Houses for them 236
226 An Act to continue an Act entituled an Act for laying an Imposition on Furrs, &c.
and fof Appropriating the same 247
227 An Act to Regulate the Elections of the Members of Assembly 249
228 An Act for the making Aliens Free of this part of the Province 251
*229 An Act for the Expeditious finishing the Front Line in Charlestown 253
*230 An Act to prevent the breaking down and defacing the Fortifications in Charlestown .254
*231 .An Act against the Killing of Beasts within the Intrenchments of Charlestown 254
*232 An Act for the bettor securing of Charlestown by Stopping the North Barr of
Ashley River in case of Invasion, and to disband the Military Watch in Charlestown 254
233 An Act to settle a Patrol! 2M
234 An Act to pre/ent and suppress Fire in Charlestown.
235 An additional Act to tlie Act to provide Indifferent Jury-men.
236 An Ordinance of the General Assembly directing the manner how the Juries shall
be drawn. *237 An Act for Raising and Enlisting such Slaves as shall be thought serviceable to this
Province in time of allanns 256'
238 An Act to make Good and VaUd what Moneys the Receiver hath paid by Ordinan-
ces of the General Assembly 256
239 An Act to Assess several Persons omitted in the last Assessment, and to impower
the Receiver to gather in the Taxes not yet paid, with interest 257
240 An Act for Raising the Sum of Four Thousand Pounds on the Real and Personal
Estates, and of and from the Profits and Revenues of the Inhabitants of this Province, to pay and cancel the Bills of Credit now outstanding.
-,---«-.^ -'^
xu
TABLE OF CONTENTS^,
A. D. 1705 341 An addilional Act to an Act entituled an Act for the Establishment of Religious Worship in this Province, according to the Church of England, and for the Erecting of Churches for the Pubhck Worship of God, and itlso.for the mainte- nance of Ministers and the building convenient Houses for them 259
242 An Act to prevent Steahng of Horses and Neat Cattle 261
*243 An Act for the Making and iMending of Roads and Highways, and for the Making
a Bridge over Icshaw Creek in Craven county ^ 263
244 An Explanatory Act to an Act entituled an Act for the Raising the Sum of P'our
Thousand Pounds on the Real and Personal Estates, and of and from the Profits and Revenues of the Inhabitants of this Province, to Pay and Cancell the Bills of Credit now outstanding ; Ratified in open Assembly, the Fourth day of November, One Thousand Seven Hundred and Four 263-
245 An additional Act to an Act entituled an Act for ascertaining the Gaugeing of
Barrells, and for avoiding Deceipts in Selling and Buying Beef and Pork,
Pitch and Tarr 264
*246 An additional Act for the Making of Highways, and for appointing a Ferry over the Western Branch of Cooper River, and for Continuing the Act for killing
Beasts of Prey 266
1706 247 An Act for the continuing, meeting and setting of this present Assembly, for the
- time and space of two years, and for the term and time of Eighteen Months
after the change of Government, by the death of the pjesent Governour, or
the succession of another in his life time ,.. .^ 266
248 An Act to Erect the French Settlement on Santee into a Parish 268'
*249 An additional Act to an Act entituled an Act for the Cutting and Making a Path out from the Road on the North side of Ashley River to the Town of Wilton in Colleton county, and appointing Ferries on the said Road 269-
250 An Act relating unto the Oirice and Duty of a Coroner, and for settling and ascer-
taining the Fees of the same 269
251 An Act to impower the Right Honorable the Governour to restrain Persons Offend-
ing from goeing amongst the Indians 27*
252 An Act for the sooner and more secure payment of the Debts oweing by the
Publick, and for continuing the currency of the Bills of Credit, commonly called Country Bills 274.
253 An Act to revive the several Acts within mentioned, and to repeal a clause in an
Act for the raising a Public Store of Powder ; Ratified the Eighth day of October, One Thousand Six Hundred and Ninety-eight 278.
254 An explanatory and additional Act to an Act entituled an Act for laying an Imposi-
tion on Furrs, Skins, Liquors, and other Goods and Merchandize, imported into and exported out of this part of this Province, for the raising of a Fund of Money towards the defraying the Publick Charges and Expences of this Province and paying the Debts due for the Expedition against St. Augustine ; Ratified in open Assembly the Sixth day of May, 1703 280
255 An Act to Repeal the several Acts within mentioned 281
256 An Act for the Establishment of Religious Worship in this Province, according to
the Church of England, and for the erecting of Churches for the Publick Worship of God, and also for the maintenance of Ministers and the building
convenient Houses for them 282
1707 257 An additional Act to an Act intituled an Act to continue an Act intituled an Act
for laying an Imposition on Furrs, &c , and for appropriating the same 295
258 An additional Act to an Act entituled an Act for the ascertaining the Gaugeing of
Barrels and for avoiding Deceipts in selling and buying Beef and Pork, Pitch and Tarr ; and to one other Act entituled an additional Act to an Act for the ascertaining the Gauge of Barrells and for avoiding Deceipts in selling and buying Beef and Pork, Phch and Tarr 298
259 An Act declaring the right of the House of Commons for the time being to nominate
the Public Receiver.
260 An Act to Revive and Repeal the several Acts within mentioned.^ 299
261 An Act for the appointing Look-outs and providing necessaries for the same 300
TABLE OF CONTENTS. xiii
2&i An Act to make and establish Bills of Credit for raising the sum of Eight Thousand Pounds for satisfying the debts due by the Publick on account of the late invasion, and for finishing the Fortifications about Charlestown, and to revive
the several Acts w ithin mentioned, and to call in the former Bills of Credit .302
263 An Act for encouraging the flaking of Potash and Saltpeeter 307
*264 An Act for Repairing and Expeditious Finishing the Fortifications in Charlestown.. 308 *265 An Act for the better Regulating the Watch in Charlestown 308
266 An Act to continue the Imposition on Liquors, Sec. and for a Fund and Security of
the Payment of the Sum of Eight Thousand Pounds for sinking the Bills of Credit, and for impowering the Publick Receiver for the time being to recover and get in all outstanding Taxes.
267 An Act for the Settling of Pilotage.
An Act for the raising a Publick Store of Pov%der for the Defence of this Province.
An Act to erect a General Post Office.
*268 An Additional Act to a Continuing and Additional Act to an Additional Act for
making and mending Highways, and for the impowering the Governour for
the time being to appoint Commissioners in the rooms of such as are dead or
gone off or may die or go off, and to ascertain the Watch in Charlestown 309
269 An Act for Regulating the Indian Trade and making it safe to the Publick 309
*270 An Act for the better Setthng and Regulating the Mihtia 317
271 An Act to Limit the Bounds of the Yamasee Settlement, to prevent persons from Disturbing them with their Stocks, and to Remove such as are settled within
the Limitation hereafter mentioned 317
*272 An Additional Act to an Act entituled an Act for repairing and expeditious finishing of the Fortifications in Charlestown, ratified the 12th day of July, Anno Domini 1707, and for making reparations to all persons for the damages they shall sustain by defending Charlestovi'n, or any other place remote from the
People's respective Divisions 319
*273 An additional Act to an Act entituled an Act for the making and mending of Roads and Highways, and for the making a Bridge over Icshaw Creek in Craven
count-y 319
274 An additional Act to an Act entituled an Act for the appointing Look-outs and pro- viding necessaries for the same 319
A. D. 1708 275 An Act for the better enabling the Right Honourable the Governour, or the Gover- nour for the time being, to raise a Force against our Public Enemies, and to raise Moneys to defray the Charges of the same, by establishing new Bills of
Credit 320
*276 An Act for the better Regulating the Watch in Charlestown, and for setthng and
maintaining a Watch at the Fort to be buih on Windmill Point 324
277 An Act for raising the Sum of Five thousand Pounds 324
*278 An Act for enlisting such trusty Slaves as shall be thought serviceable to this Pro- vince in time of allarras 327
*279 An Act for the building a Fortification on Windmill Point, and to barr up and lay booms across the Channel of Ashley River, and to cast up Trenches along the White Point and other necessary places, and to provide a Publick Store of Provision, Ammunition and Small Arms, and to draw Money out of the Pub- lick Treasury to defray the charges of the same .' 328
280 An additional Act to an Act entituled an Act for the estabhshment of Religious Worship in this Province according to the Church of England, and for the erecting of Churches for the Publick Worship of God, and also for the main- tenance of Ministers and the build ing convenient Houses for them 328
1709 281 An Act for ascertaining the Fees relating to the Office and Duty of a Justice of the
Peace 330
*282 An Act for settling a Watch in Charlestown 332
283 An Act toreviveand continue the several Acts within mentioned ..332
*284 An Act for cutting and clearing a Creek out of the head of New Town Creek into
Stono River 333
285 An Act to settle a Guard in Johnson's Fort on Windmill Point 333
286 An Ordinance of the General Assembly directing the manner how the Juries
shall be drawn.
xiv TABLE OF CONTENTS.
*287 An additional Act to an Act for Making and Mending Highways and Paths, and for
Cutting of Creeks and Water Courses 336
288 An Act for Regulating Taverns and Punch Houses 336
A. D. 1710 289 A further additional Act to an Act entituled an Act for the establishment of Religi- ous Worship in this Province according to the Church of England, and for the erecting of Churches for the publick worship of God, and also for the maintenance of Ministers and the building convenient Houses for them 338
290 An Act for the Founding and Erecting of a Free School, for the use of the Inhabi-
tants of South Carolina - 342
291 An Act to prevent abuses by False Weights and Measures, and to appoint a sworn
Measurer, with a Clause to prevent the scarcity of Salt 346\
292 An Act for appointing a Publick Vendue-Master, for the selling such Goods and
Merchandizes as shall be exposed to Sale by Publick Out-cry 348
293 An Act for reviving and continuing several Acts therein mentioned, which are
expired or near expiring 350
*294 An Act to appoint and erect a Market in Charlestown for the Publick Sale of Pro- visions, and against Regrators, ForestaUers and Ingrossers 351
295 An Act for settling a Salary on the Publick Receiver 351
*296 An Act for the Erecting of a New Brick Church at Charlestown, to be the Parish
Church of St. Philip's, Charlestown 352
297 An Act for Raising the Surae of Three Thousand Pounds in Small Bills, for the
Sinldng One Thousand Pounds of the former Bills, and Two Thousand Pounds for and towards the Payment of the Debts due from the Publick, and to ap- point a Fund for the same 352
298 An Act for reduceing the Watches and Look-outs placed and appointed on the Sea
Coast of this Province to a lesser number, smd regulateing and providing convenient necessaries and allowances for the same, and also encouraging the
taking up Servants and Slaves 354
1711 299 An Act to oblige those Traders that come from Virginia and other neighbouring Colonies to trade with the Indians or White Persons living within this Pro- vince and Government, to come first to Charlestown and take out Licences to trade, and to be subject to the Uke regulations, and to pay the same duties of Import and Export with the Inhabitants of this Province and Government, < who trade with the Indians living within the bounds of the same 357
300 An Act to make John Wright, Gentleman, present Agent, according to an Act of
Assembly entituled an Act for the better regulating the Indian Trade, &c., subject and hable to the penahy of a certain Bond by him entered into for the due execution of his trust and office, for any breach of the same by him com- mitted, notwithstanding the said Bond be not to be found 359
301 An Act to encourage Strangers to come to this Port, by making Sullivan's Island
more remarkable by building a new Look out, repairing the old house, and buoying the Channel.
302 An Act for reviving and Continuing several Acts therein mentioned that are expired
or near expiring ; 361
303 An Act for regulating Taverns and Punch Houses .362
*304 An Act for continuing the High Road from South-Edisto River to the Islands of
Port Royal and St. Helena, and appointing Bridges and Ferries in the said road . 36& 305 An Act for the encouragement of Trade and Navigation, by building and owning of Ships and Vessels by the Inhabitants of this Province and others, and encouraging Artificers to come into and buUd the same. - *306 An Act for the keeping and Maintaining a Watch and good orders in Charlestown. .365-
An additional Act to an additional Act (No. 249) to an Act entituled an Act for the cutting and making a Path out from the Road on the North side of Ashley River, to the town of Wilton in Colleton county, and appointing Ferries on the said Road, (No. 218) — and to repeal three clauses or paragraphs in the said additional Act 365
An Act for the raising the sum of Four Thousand Pounds current Money, by laying sundry additional Duties on Liquors, and other Goods and Merchandizes, for the carrying on an Expedition against the Northern Indians, enemies to the
TABLE CONTENTS. xv
Crown of Great Britain, and for the aiding and assisting the Inhabitants of North CaroHna, who are now actually invaded by the said Indians. A. D. 1712 307 AN additional Act to the several Acts relating to the establishment of Religious Worship in this Province, and now in force in the same, and also to the Act for securing the Provincial Library at Charlesto wn in Carolina 366
308 An Act for the Encouragement of Learning 376
309 An additional Act to an Act entituled an Act to provide indifferent Jurymen in all
Causes, civil and criminal. *310 An Act for the better ordering and holding the Court of General Sessions, Assize
and Goal Delivery, and the Court of Common Pleas, in this Province 378
311 An Act for building a convenient State House for the holding of the General Assem-
blies, Courts of Justice, and other Publick uses 378
312 An Act for purchasing Land and building a House for the u.se of the Right Honora-
ble the Governour, and the succeeding Governours of this Province 380
313 An Act for regulating the Indian Trade, and making it safe and beneficial to the
Publick, and for the preventing the abuses committed by the Indian Traders amongst the Indians.
*314 An Act for the better ordering and governing of Negroes and Slaves 381
*315 An Act for the appointing a Ferry over the Eastern Branch of the T of Cooper River, and for the making of Causeways, Landings and Bridges, for the better
conveniency of the said Ferry 38 1
*316 An Act for building and erecting a Bridge and Causeways over the River at the Landing of Mr. William Stanyarn, and one other Bridge and Causeway from the Landing of Mr. Thomas Seabrook, to the Land of Madam Elizabeth Blake, over Wadmalaw River 381
317 An Act for the more effectual preventing the spreading of Contagious Distempers . . 382
318 An Act for the better strengthening of this Province by increasing the numbers of
the inhabitants thereof, and for encouraging the making Potash, building Saw- mills and other mechanick Engines 385
An additional Act to an additional Act to an Act entituled an Act for repairing and expeditious finishing of the Fortifications of Charlestown, and Johnsons Fort, and for putting the said Fortifications in repair and good order, and sustaining the same ; and for building a Publick Magazine in Charlestown, and for ap- pointing a Powder Receiver and Gunner.
An Ac t for raising the Sum of Fifty-two Thousand Pounds, by stamping and estab- lishing new Bills of Credit and putting the same out to interest, in order to call in and sink the former Bills of Credit, and thereby give a farther encour- agement to Trade and Commerce.
319 An Act for Founding and Erecting of a Free School in Charlestown, for the use of
the Inhabitants of this Province of South Carolina 389
320 An Act for the better observation of the Lord's Day, commonly called Sunday 396
321 An Act to impovver the Right Honourable the Governour of this Province, the
Lords Deputies, the Chief Justice or the Justices of the Peace, and other Officers or Ministers within this Province, to execute and put in force in the same, an Act made in the Kingdom of England in the thirty-first year of the Reign of the late King Charles the Second, entituled an Act for the better securing the Liberty of the Subject, and for the prevention of imprisonments beyond the Seas, commonly called the Habeas Corpus Act 399
322 An Act to put in force in this Province the several Statutes of the Kingdom of
England or South Britain, therein particularly mentioned 401
The English Statutes in force hi/ virtue of the preceding Act, are as follows:
A Confirmation of Liberties. 9. H. 3, c. 1 417
How Sureties shall be charged to the King. 9 H. 3, c 8 417
The King's Debtor dying, the King shall be first paid. 9 H. 3, c. 18 417
Wager of Law shall not be without Witness. 9 H. 3, c 28 417
None shall be condemned without Trial. Justice shallnot be sold or deferred. 9H.
3. 0.29 417
In what only Case a Woman shall have an Appeal of Death. 9 H. 3, c. 34 418
He is a Bastard that is born before the Marriage of his Parents. 20 H- 3. c. 9 418
xvi TABLE OF CONTENTS.
A. D. 1712 A Distress shall not be driven out of the County. And it shall be reasonable. 52 H.
3.C. 4 418
A Remedy against Accomptants. Fermors shall make no Waste. 52 H. 3. c. 23. . . .418
322 What kind of Man-slaugliter shall be adjudged Murther. 52 H. 3. c. 25 418
No Penally for an Escape before it be adjudged. 3 Ed. 1. c. 3 449
What shall be adjudged Wreck of the Sea, and what not. 3 Ed. 1. c. 4 419
Amerciaments shall be reasonable, and according to the Offence. 3 Ed. 1. c. 6 419
The punishment of Felons refusing lawful Trial. 3 Ed. 1. c. 12 419
Appeal against the Principal and Accessary. 3 Ed. 1 c. 14 419
None shall be destrained for a Debt that he oweth not. 3 Ed. 1. c. 23 420
The Penalty of a Serjeant or Pleader committing Deceit. 3 Ed. 1. c. 29 420
One pefson killing another in his own Defence, or by misfortune, an appeal of Mur- ther. 6 Ed. 1.0.9 420
The Master's Remedy against their Servants and other Accomptants. 13 Ed- 1. c. 11.420 The Appellant being acquitted, the Appellor and Abettors shall be punished.
There shall be no Essoin for the Appellor. 13 Ed. 1. c. 13 421
The Ordinary chargeable to pay Debts as Executors. 13 Ed. 1. c. 19 422
It is Felony to commit Rape. A married Woman elopeth w ith an Advouterer. 13
Ed. I.e. 34 422
No Distress shall be taken but by Bailiffs known and sworn. 13 Ed. 1. c. 37 422
A Woman's Suit shall not be deferred by the minority of the Heir. 13 Ed. 1. c. 40. . 422
Nothing shall be taken to maintain any matter in suit. 28 Ed. I.e. 11 423
What shall be done with them that make false returns of Writs. 28 Ed. 1. c. 16 423
Who be Conspirator.s and who be Champertors. 33 Ed. 1. stat. 2 423
The punishment of such as commit Champerty. 33 Ed. l.st. 3 423
The King or his Heirs shall have no Tallage or aid without consent of Parhament.
34 Ed. l.st. 4. c. 1 424
AH Laws, Liberties and Customs confirmed. 34 Ed. 1. st. 4. c. 4 424
In what case it is Felony to break Prison,in what not. 1 Ed. 2. st. 2 424
Inquiry shall be made of Gaolers, which by Duress compel Prisoners to Appeal. 1
Ed. 3. St. 1. 0. 7 424
In what cases only pardon of Felony shall be granted. 2 Ed. 3. c. 2 424
Justices shall have authority to punish breakers of the peace. 2 Ed. 3. c. 6 424
The authority of Justices of Assize, Gaol Delivery an(3 of the Peace. 4 Ed. 3. c. 2.425 Executors shall have an action of Trespass for a wrong done to their Testator. 4 Ed.
3. c.7 425
Sheriffs, Bailiffs of Hundreds, and Escheators, shall have suiBcient in the County.
4 Ed. 3.0.9 425
Sheriffs and Gaolers shall receive offenders without taking any thing. 4 Ed. 3. o. 10.425 Justices of Assizes, &c. shall enquire of 3Iaintainers, Conspirators and Champertors.
4 Ed. 3.0. 11 426
None shall be attached or forejudged contrary to the Great Charter or the Law.
5 Ed. 3. c 9 426
The punishment of a Juror that is ambidexter and taketh money. 5 Ed. 3. c 10.. . .426 Process against those that be appealed, indicted or outlawed in one county, and re- main inanoiher. 5 Ed. 3. c. 11 426
Night walkers and suspected persons shall be safely kept. 5 Ed 3. c. 14 427
Pardons shall not be granted contrary to the Statute of 2 Ed. 3. cap. 2. 10 Ed. 3.
Stat. 1 427
A Record which is defective by misprision of a Clerk shall be amended. 14 Ed.
3. stat. 1 427
The penalty if a Judge or Clerk make a false entry, rase a roll, or change a verdict . .428 The Justices may amend defaults in Records or Process after Judgment given. 9
II. 5. St. I.e. 4 423
Justices in certain cases may amend their records accordmg to former Statutes. 4
H. 6. 0. 3 .....428
No Judgment or Record shall be reversed for any Writ, Process, &c. rased. What
defects in Records may be amended by the Judges, and what not. 8. H. 6. c. 12. .429 The Justices may in certain cases amend defaults in Records. 8 H. 6. c. 15 430
TABLE OF CONTENTS. xvii
A. D. 1712 322 An Act for reformation of .leofails. 18 Eliz. c. 14 430
An Act for furtherance of Justice in case ot Demurrer and Pleadings. 27 Eliz. c. 5.431
An Act for the further reformation of Jeofails 21 J. 1, c. 13 432
An Act for the Amendment of the Law and the better advancement of Justice 432
No pardon for Felony but where the King may do it saving his oath. 14 Ed. 3,
s. I.e. 15 438
None shall maintain any quarrels but their own. 20 Ed. 3, c. 4 438
Justices of Assize shall enquire of and punisb the misdemeanours of officers and
other offenders. 20 Ed. 3, c. 6 439
A Declaration which offences slmll be adjudged Treason. 25 Ed. 3, st. 5, e. 2 439
No Indictor shall be put upon the Inquest of the party indicted. 25 Ed. 3, st. 5, c. 3. . .439 Executor.s of Executors shall have the benefit and charge of the first Testator.
25 Ed. 3, St. 5. c. 5 43J
Process of Exigent shall be awarded in Debt, Detinue and Replevin. 25Ed.3, s5, cl7. .439 By the King's protection the Parties Suit shall not be hindered, but his Execution.
25 Ed. 3, St. 5, c. 19 440
None shall lose his Goods by his Servant's offence. Speedy justice shall be done
from day to day, and from hour to hour. 27 Ed. 3, st. 2, c. 19 440
To whom the Ordinary may commit the administration of the Goods of him that dieth
intestate. The benefit and charge of an Administrator. 31 Ed. 3, st. 1, c. 11 440
The penalty of a Juror taking reward to give his verdict. 34Ed.3, o. 8 440
There shall be no forfeiture of Lands for Treason of dead persons not attainted.
34 Ed. 3, c 12. An Indemptitate Norainis shall be granted upon the wrongful seizure of another's
Person, Lands, or Goods. 36 Ed. 3, c. 2 441
A Ship shall not be lost for a small thing therein not customed. 38 Ed. 3, c. 8 441
The punishment of a Juror taking reward to give verdict, and of Embraceors.
38 Ed. 3, c. 12 441
Children born beyond the Sea, if inheritable in England. 42 Ed. 3, c. 10 442
A Prisoner by judgement shall not be let at large. Confession of a debt to the King
to delay another's execution. 1 K.2, c. 12 442
The Penalty where any doth enter into Lands where it is not lawful, or with force. 442 The duty of Justices of Peace when any forcible entry is made into lands.
15 R. 2, c. 2 443
The duty of Justices of Peace where land is entered upon or detained with force.
8H. 6, C.9...* 443
An .\ct to enable Judges and Justices of the Peace to give restitution of possession
in certain cases. 21 J. 1, c. 15 445
What things the Admiral and his Deputy shall meddle. 13 R. 2, c. 5 446
In what places the Admiral's jui-isdiction doth lie. 15 R. 2, c. 3 446
A remedy for him who is wrongfully pursued in the Court of Admiralty. 2H.4, c.ll. .446
The punishment of an Attorney found in default. 4 H. 4, c. 18 447
Judgments given shall continue until they shall be reversed by attaint or error.
4 II. 4, c. 23 447
It shall be felony to cut out the (ongue or pull out the eyes of the King's liege
people. 5 11. 4, c. 5 448
An Idemptitate Nominis maintainable by Executors, &c. 9 H. 6, c. 4 448
Justices of Nisi Prius may give judgment of a man attainted or acquitted of Felony.
14H. 6, c. 1 448
Appeals or Indictments of Felony committed in a place where there is none such.
18 PL 6. c. 12 , 449
A remedy for a Woman enforced to be bound by statute or obligation. 31 H. 6. c. 9. .449 A remedy for Executors against Servants that embezzle their Master's Goods after
his death. 33 H. 6, c. 1 451
Every Justice of Peace may let a prisoner to mainprize. No officer shall seize the
goods of a prisoner until he be attainted. 1 R. 3, c. 3 452
The penalty for carrying a woman away against her will that hath lands or goods.
3H.7, c.2 452
ill
VI" • TABLE OF CONTENTS.
A. D. 1712 322 Justices of Peace may let prisoners to bail. The SheritT shall certify the names of
all his prisoners at the Gaol-delivery. 3 H 7, c. 3 452
All Deeds of Gift made to defraud Creditors shall be void. 3 H. 7, c. 4 453
Costs, &c. avvarc^ed to the Plaintiff, where the Defendant sueth a Writ of Error.
3H. 7, c. 10 153
All Justices of Peace shall e.xecute their commission, redress injuries, and maintain
the laws. 4 H. 7, c. 12 454
Clergy shall be allowed but once. A convict person shall be marked with the
letters 31. orT. 4H. 7, c. 13 455
A mean to help and speed poor persons in their suits. 11 H. 7, c. 12 456
Of Murder. 12 H.7, c. 7 455
Process in Actions upon the case sued in the King's Bench and Common Pleas.
19 H. 7, c. 9 ^ 456
Writs of Error. 19 li. 7, c. 20 457
The Act of Escheators and Commissioners. 1 H. 8, c. 8.
Punishment' of Murders. Causes of imboldening Men to commit Murders and
Felonies. The benefit of clergy taken away from such as commit Murder or
Felony in any church, highway, &c. 4 H. 8, c. 2.
The Sale of Lands by part of the E.\ecutors lawful. 21 H. 8, c. 4 457
At what time restitution shall be made of goods stolen. 21 H. 8, c. 11 458
For Abjurations and Sanctuaries. 22 H. 8, c. 14 459
An Act concerning Convicts in Petit Treason, Murder, &c. 23 H. 8, c. 1 459
An Act against Perjury and untrue Verdicts. 23 11. 8, c. 3 459
An Act that the Plaintiff being nonsuited, shall yield damages to the Defendants in
Actions personal, by the discretion of the Justices. 23 H. 8, c. 15 462
That a man killing a thief in his defence shall not forfeit his goods. 24 H. 8, c 5 463
For such as stand mute, &c. 25 H. 8, c. 3 463
The punishment of the vice of Buggery. 25 H. 8, c. 6 463
For Pirates and Robbers on the Sea. 27 H. 8. c 4 465
An Act concerning Uses and Wills. L7 H. 8, c. 1.0 466
For Pirates. 28 H. 8, c. 15 470
For Joint Tenants and Tenants in common. 31 H. 8, c. 1 471
The Bill of Bracery and buying of titles. 32 II. 8, c. 9 472
Joint Tenants for term of life or years 3211. 8, c. 32 474
An Act that wrongful Disseisin is no descent in law. 32H. 8, c. 33 474
For Marriages to stand notwithstanding pre-contracts. 32H. 8, c. 38 475
A BiU against them that counterfeit Lettere or privy Tokens to receive 3Ioney or
Goods in other Men's names. 33 H. 8, c 1 476
The Bill for burning of Frames. 37 H. 8, c. 6 477
An Act for the Repeal of certain Statutes concerning Treasons and Felonies.
lEd. 6, c. 12 479
An Act for the taking away of the Benefit of the Clergy from certain offenders.
5 & 6 Ed. 6, c. 9 479
An Act for the avoiding of Clergy from divers persons. 5 & 6 Ed. 6, c- 10 480
An Act touching bailment of persons. 1 & 2 P. & M. c. 13.. . . , 481
An Act to take Examination of Prisoners suspected of any Manslaughter or Felony.
2 & 3 P. & M. c. 10 483
An Act that Accessaries in Murder and divejs Felonies shall not have the benefit of
Clergy. 4 & 5 P. & M. c..4 484
An Act for the punishment of such as shall take away Maidens that be Inheritors, within the age of 16 years, or that marry them without consent of their
parents. 4&5P. &M. c.8 484
An Act for Punishment of sucl\ as shall procure or commit any v\ilful Perjurj^.
5Eliz. c. 9 486
An Act against Forgers of False Deeds and Writings. 5 El. c. 14 489
An Act for the punishment of the vice of Buggery. 5 El. c. 17 493
An Act for the avoiding of wrongful vexation touching the Writ of Latitat. 8 El. c. 2. 493 An Act to take away the benefit of clergy from certain offenders for Felony. 8 El.c.4. 495
TABLE OF CONTENTS. xix
A. D. 1712 22-2 An Act against Fraudulent Deeds, AliemUions, &c. 13 El. c. 5 496
An Act to take away Clergy Irora the offenders in Rape or Burglary, and an order
tbrthedeliveryof Clerks convict without purgation. 18 El. c.7 433
« An Act against covinous and fraudulent Conveyances. 27 El. c. 4 499
An Act lor the following of Hue hnd Cry. 27 El. c. 13 501
An Act to prevent extortion in Sheriffs, under-Shcriffs and Bailiffs of Franchises or
Liberties, in cases of Execution. 29 El. c. 4 504
An Act that no person robbing any House in the day-time, although no person be
therein, shall be admitted to have the benefit of his clergy. 39 El c. 15 505
An Act to prevent Perjury and Subornation of Perjury, and unnecessary expenses?
in suits of law. 43 El. c. 5
An Act against fraudulent administration of Intestates goods. 43 El, c. 8 506
An Act to take away the benefit of clergy for some kind of Manslaughter. IJ.l. c 8 . .507 An Act to restrain all persons from Marriage until their formcc Wives and former
Husbands be dead. IJ.l, c. 11
An Acte against Conjuration, Witchcraft, and dealinge with Evill and Wicked
Spirits. 1 J. 1,0. 12 ^^^
An Act to repeal the Statute made in the first year of the reign of King James the First, intituled. An Act against conjuration, witchcraft, and dealing with evil and wicked spirits— except so much thereof as repeals an Act of the fifth year of the reign of Que en Elizabeth, against ( onjurations, inchantmcnts and wilch- craiLs; and to repeal ;Hi Act passed in the Parliament of Scotland in the ninth parliament of Queen Mary, intituled, AncntiK witchcrafts, and for punishing such persons as protend to exercise or use any kind of witchcraft, sorcery,
inchantment, or conjuration. 9(ieo. 2, c. 5 "*
An Act to give Costs to the Defendant upon a nonsuit of the Plaintiff, or verdict
against him. 4 J. 1, c. 3- ■
An Act to avoid the double payment of Debts. 7 J. 1, c. 12 511
An Act concerning Women convicted of small Felonies. 21 J. 1, c. 6 512
An Act for the reliefofcreditorsagainstsuch persons as die in execution. 21J. 1,0.24. 512 An Act to prevent the destroying and murthering of Bastard Children. 21J.1, 0.27. 513 The Petition of Right. 3 C. 1. An Act for prevention of vexations and oppressions by arrests, and of delays in suits
oflaw. 13 C. 2, Stat. 2, c. 2 ^^^
An Ant to prevent the delivering of Merchant Ships. 16C.2, c. 6.
An Act against deceitful, disorderly and excessive Gaming. 16 C. 2, c 7 51/
An Act to prevent arrests ofjudgment, and superseding Executions. 16&17C. 2, c.8. . .519
An Act for avoiding unnecessary Suits and Delays. 17 C. 2, c. 8 ^^
An Act to prevent malicious Maiming and Wounding. 22& 23 C. 2, c. 1 3-
An Act to prevent the malicious burning of Houses, Stacks of Corn and Hay,
and killing or maiming of Cattle. 22 & 23C. 2, c 7 521
An Act for the better settling of Intestate's Estates. 22 & 23C. 2, c. 10 523
An Act for the reliefand r«iease of poor distressed prisoners for Debt. 22&23C.2, c.20. 5-25
An Actfor prevention of Frauds and Perjuries. 29 C. 2, c. 3 • 5~
An Act to enable Creditors to recover their debts of the Executors and Administrators
of Executors in their own wrong. 30 C. 2, c. 7 ,■■■■' "
An Act for the abrogating of the Oaths of Supremacy and Allegiance, and appointing
other Oaths. 1 W. & M. c. 8. An Act for enahUng the Sale 61 Goods distrained for Rent, in case the Rent be not
paid in a reasonable time. 2 W^. & M. c. 5
An Act to take away Clergy from some offenders, and to bring others to punishment.
3&4 W. & M. c. 9 ^^*
An Act for the relief of Creditors against fraudulent Devises. 3 & 4 W.&M. c. 14. 533 An Act to prevent Frauds by Chmdestine Mortgages. 4 & 5 W. & 31. c. 16. 535
An Act for delivering Declarations. to Prisoners. 4 & 5 W. & M. c. 21 537
An Act for the more effectual suppressing Prophane Cursing and Swearing. 6 & 7
W, 3, c. 11.
.537
t TABLE OF CONTENTS.
A. D. 1712 322 An Act for regulating of Trials in cases of Treason and misprision of Treason. 7W.
3, c. 3 539
An Act requiring the Practisers of Law to take the Oaths and subscribe the
Declaration therein mentioned. 7 & 8 W. 3, c. 24. i
An Act to enable posthumous Children to take Estates as if born within their
father's life-time. 10 & 11 W. 3, c 16 542
An Act to enable his Majesty's natural-born Subjects to inherit the estate of their
ancestors, either lineal or collateral, notwithstanding their father or mother were
aliens. 11 & 12 W. 3, c. 6 542
An Act to declare the alterations in the Oath appointed to be taken by 13 W. 3, c. 6.
1 Ann, St. 1, c. 22. An Act for punishing of accessories to Felonies and Receivers of stolen goods, and
to prevent the wilful burning and destroying of Ships. 1 Ann, st. 2, c. 9 543
An Act for giving like remedy upon Promissory Notes, as is now used upon Bills of
Exchange, and for the better payment of inland Bills of Exchange. 3&4 Ann,c.9. 544 An Act to enable Infants who are seized or possessed of Estates in fee, in trust, or by
way of mortgage, to make conveyances of such estates. 7 Ann, c. 19 546
An Act for the better security of Rents, and to prevent frauds committed by tenants.
8 Ann, c. 14 , 547
Appendix to the English Statutes made of Force.
lie that challengeth a Jury or Juror for the King shall shew his cause. 33Ed.l, s.4 ..549 ^ In what place Bastardy pleaded against him that is born out of the Realm shall be
tried. 25 Ed. 3, st. 2 549
No person shall be condemned without his answer. 28 Ed 3, c. 3 550
Upon an untrue suggestion in the chancery, damages may be awarded. 17 R.2, c.6. 550
A Corpus cum Causa, or Certiorari, to remove him who is in execution at another man's suit. 2H. 5, st. 1, c. 2 550
None shall sue a Subpoena until he find surety to satisfy the Defendant his damages,
if he do not verify his bill. 15 H. 6, c. 4 551
The Bill concerning the Explanation of Wills. .34 & 35 H. 8, c. 5 551
An Act for the more speedy and effectual proceeding upon distresses and avowries
for Rents. 17 C. 2, c. 7 552
An Act for reviving, continuing and explaining several Laws therein mentioned,
which are expired and near expiring 4 & 5 W. & M. c. 24 552
An Act for the more effectual relief of Creditors incases of Escapes, and for prevent- ing' of abuses in Prisons and pretended privileged places. 8 & 9 W. 3, c. 27. . . .553
An Act for the better preventing Escapes out of the Queen's Bench and Fleet
Prisons. 1 Ann, st. 1, c. 6 557
An Act for rendering more effectual an Act passed in the first yqar of her Majesty's reign, entitled an Act for the better preventing Escapes out of the Queen's Bench and Fleet Prisons. 5 Ann, c. 9 560
An Act for the more effectual discovery of the death of persons pretended to be
alive, to the prejudice of those who claim Estates after their deith. JAnn, c.l8. 561
An Act for ascertaining the rates of Foreign Coins in her Majesty's Plantations in America. 6 Ann, c. 9 563
An Act for the better Preventing of excessive and deceitful Gaming. 9 Ann, c. 14. 565
An Act for rendering the proceedings upon Writs of Mandamus and Informations in the nature of a Quo Warranto more speedy and effectual, and for the more easy trying and determining the Rights of Offices and Franchises in Corporations and Boroughs. 9 Ann,c. 20 568
An Act for the more easy recovery of Debts in his Majesty's Plantations and Col- onies in America. 5 Geo. 2, c. 7 570
An Act fortho more effectual securing the payment of Rents, and preventing frauds by Tenants. 11 Geo. 2, e. 19 572
An Act for avoiding and putting an end to certain doubts and questions relating to the attestation of Wills and Codicils concerning Real Estates, in that part of Great Britain called England, and in his Majesty's Colonies and Plantations in
America. 25 Geo. 2, c. 6 580
(£7i(f of the E7iglish Statutes made of Force in South Carolina.)
TABLE OF CONTENTS. xxi
A. D. 1712 323 An Act for settling the Titles of the Inhabitants of this Province to their possessions in their Estates within the same, and for Limitations of Actions, and for avoiding Suits in Law 583
324 An Act for the better securing the payment of Debts due from any Person inhabit-
ing and residing beyond the Sea, or elsewhere without the limits of the Province of South Carolina, and to subject a Feme Covert that is a Sole Trader to be arrested and sued for any debt contracted by her as a sole trader. 588
325 An Act for the better relief of the Poor of this Province 593
326 An Act to make perpetual the several Acts therein mentioned 598
327 An Act for settling the Island called Palawanee, upon the Cusaboe Indians, now-
living in Granville County, and upon their posterity for ever 599
328 An Act for appointing an Agent to solicit the affairs of this Province in the Kingdom
of Great Britain 600
329 An Act for printing the Laws of this Province 602
330 An Act to ascertain a Fund for cancelhng the sum of Seven Thousand Five Hundred
Sixty and Six Pounds Four Shillings and Eight Pence Half-penny, in Bills of Credit, (that is to say) the sum of £3566 4s 8d half-penny, the remaining bills uncancelled of the £4000 made by act of assembly for the carrying on the Northern Expedition against the Tuscororaes, and the sum of £4000 more, being so much directed to be paid to the Publick Receiver by an act entitled an Act for the making the sum of £52,000, &c. for which there has not been as yet any fund appointed ; as also to nominate another Commissioner of the Fortifications and Magazine in Charlestown, and for the more speedy recovery of small duties.
331 An Act fur reviving and continuing the several Acts therein mentioned, which are
expired or near expiring 604
*332 An Act for raising the Sum of One Hundred and Nineteen Pounds on those persons who by an act of assembly entitled an Act for making and mending Highways, &c. ratified in open assembly the eighth day of October, one thousand six hundred and ninety-eight, are specially appointed to make a Highway or common Road upon Thomas Island, and the North-west side of Wando river ; and also on those persons who, by one other act of assembly entitled an addi- tional act to an act for makin^f and mending of liigliways, ratified in open assembly the fifth day of November, Anno Dom. one thousand seven hun- dred and nine, are appointed to keep in good and sufficient repair the Bridge over the Creek on the north-west side of Thomas Island, commonly called the Wading Place, in order to pay and reimburse Colonel Robert Daniel, jr., who
built and erected the said Bridge 604
1713 333 A Declaratory Act concerning the several Actsof Assembly of this Province that are repealed, and also concerning the adjournments of the Commons House of
Assembly 605
334 An Additional Act to an Act entituled an Act for the better relief of the Poor of this
Province 606
*335 An additional Act to an Act entituled an Act to prevent and suppress Fire in
Charlestown 607
*33G An additional Act to an Act entituled an Act for building and erecting a Bridge and Causvvays over the River at the landing of Mr. William Stanyarne, and one other Bridge or CausWay from the landing of Mr. Thomas Seabrook to the land of Madam Elizabeth Blake, over Wadmalaw River 607
337 An Act for appointing two Scout Canoes, and providing necessaries for the same. 607
338 An Act to prevent Wines the growth of the Western Islands to be imported into this
Provmce as Wines of the growth of Madera ; and for lessening the duty of light Deer Skins, not weighing sixteen ounces.
339 An Act to encourage Strangers to come to this Port by muking Sullivane's Island
more remarkable, by building a new Look-out and buoying the Channels. 609
A. D. 1714
x'^'i TABLE OF CONTENTS.
340 An Act for the more speeily cominenrement and prosecution of Suits of Law in
the Court of Common fleas in this Province 611
311 An Act for the keeping and maintaining of a Watch and good order in Charlestown. 613
An Act to settle a Guard in Johnson's Fort on Windmill Point. [T. 4. No. 14.] 613
An Act for avoiding deceipts in selling of Beef and Pork, Pitch and Tarr, Rosin and
Turpentine, by appointing Packers in several parts of this Province. [T.A.15.] 615 An Act to revive and continue several Laws and paragraphs of Laws, and for
repeaUng and making void some clauses in another Law 618
An Act for raising the sum of Two Thousand Pounds of and from the Estates, real
and personal, of the inhabitants of this Province. *An Act for the mending and keeping in repair the Causeway over Cumbee River,
in Colleton County. [T. A. No. 16.] 618
342 An Act to erect a Parochial Chappel of Ease, separate from the Church of St. James
Santee, in Craven County, in the Parish of St. James 018
*343 An Act for continuing the Road to Edisto Isalnd, and making a Bridge over Dawho Creek, and finishing the Road to Port Royal, and making a Bridge over South
Edisto River 620
344 An additional Act to an Act entituled an Act for the better ordering and governing
of Negroes and all other Slaves 620
*345 An additional Act to an additional Act to an Act, entituled, an Act for preventing the Sea's further encroachment on the WharfTof Charlestown, and for repair- ing the Bastions, Half Moon and Redoubts on the same 620
*346 An Act for making a Iligh-Road out of Ashley River Road to the Plantation of
Thomas Osgood, near Pon-pon River 620
34/ An Act for cutting, clearing and making a convenient Creek or Water-course thro' that part of the land belonging to Mr. John Jones, commonly called the Hajlover 621
348 An Act for appointing an Agent to solicit and transact the pubhck affairs of this
Province in the Kingdom of Great Britain. 621
1715 349 An Act for avoiding Deceipts in SeUing of Beef and Pork, Pitch and Tar, Rozin and Turpentine, by appointing Packers in several parts of this Province. An additional Act to an Act entituled an Act for raising the Sum of Two Thousand Pounds of and from the Estates real and personal of the Inhabitants of this Province, ratified in open assembly the 18th day of December, 1714; and for laying an additional duty on all Negro Slaves imported into this Province from any part of America.
An Act for the mending and keeping in repair the Causways over the Marshes of Combee River, in Colleton county.
350 An Act to confirm and justify the proceedings of the Right Honourable the Gov- ernour, the Honourable the Deputy Governour, and the rest of the Members of the Council, in their acting for the service of his Majesty and the Lords Proprietors in defence of this Province 623
351 An Act to impower the Right Honourable Charles Craven, Esq. Governour, and his Council, to carry on and prosecute the War against our Indian Enemies and their Confederates 624
352 An Act to impower the Right Honourable Charles Craven, Esq. Governour, Capt. General, &c. with the consent of his Council, to raise Forces to carry on the War against the Indian Enemies and their Confederates, and also to establish Martiil Law in this Province.
353 An Act for the appointing agents to transact the aflTairs of this Province with the Governour of Virginia and the Governourof Maryland, and to accommodate the articles already made with the Government of Virginia, to the mutual satisfaction of all that are therein concerned.
354 An Act to raise Forces to prosecute the War against our Indian Enemies, and to stamp Bills of Credit for the payment of the Army, and defraying the charges
TABLE CONTENTS. xxiii
of the War, and to ascertain a Fund lor cancelling the same Bills, and to appoint Courts Martial, and to prohibit the Exportation of all European Goods, and Corn and Peas, and raw Hides, and tanned Leather, and Negro Slaves. A. D. 1716 355 An Act to raise the Sum of Thirty Thousand Pounds, of and from the Estates real and personal of the Inhabitants of this Province, in order to sink the like sum of Thirty Thousand Pounds in Bills of Credit, stampt ibr the more speedy carrying on and defraying the eharges of the War against our Indian Enemies and their Confederates, as also lor raising the Sum of Thirty Thousand Pounds towards discharging the Debts contracted by the publick since the commencement of the War 527
356 An Act for raising Forces to prosecute the War against our Indian enemies, and to
stamp Bills of Credit for payment of arrears due to the Soldiers enlisted in the Army by the late Act, ratified the 27th of August last, and to prohibit the exportation of Corn and Pease 634
357 An Act to appropriate the Yamosee Lands to the use of such persons as shall come
into and settle themselves in this Province, and to such other persons qualified as therein mentioned . . .641
358 An Act to encourage the importation of White Servants into this Province 646
359 An Act to lay an imposition on Liquors, Goods and Merchandizes, imported into and
exported out of this Province, for the raising of a Fund of Money towards the defraying the publick charges and expences of the Government 649
360 An Act to continue the Currency of Thirty Thousand Pounds in Bills of Credit,
stamped and made by virtue of an Act of the late General Assembly of this Province, entituled an Act to raise Forces to prosecute the War against our Indian Enemies, and to stamp Bills of Credit for the payment of the army and defraying the charges of the War, and to ascertain a Fund for cancelling the same Bills, &c. ratified in open Assembly the twenty-seventh day of August, one thousand seven hundred and fifteen ; as also to continue the currency of Five Thousand Pounds in Bills of Credit, made by virtue of an Act of this present General Assembly, ratified the twenty-fourth day of March, one thousand seven hundred and fifteen, entituled an Act for raising Funds to prosecute the War against our Indian Enemies, and to stamp Bills of Credit for payment of arrears due the Soldiers enlisted in the army, &c.; as also to stamp the Sum of Fifteen Thousand Pounds in Bills of Credit, for supporting and carrying on the present War against our Indian Enemies, and defraying the charges of the same ; and also to raise and levy the Sum of Ninety-five Thousand Pounds, (that is to say,) Thirty-five Ihousand Pounds for this pres- ent year, one thousand seven hundred and sixteen, and the sum of Thirty Thousand Pounds per annum for the two succeeding years, of and from the Lands and Negroes of the Inhabitants of this Province, for the paying off and r discharging the Publick Debts already contracted or to be contracted by reason of the present Indian War or otherwise, and in order to sink the said several suras of Thirty Thousand Pounds, Five Thousand Pounds, and Fifteen Thousand Pounds, stamped and to be stamped in Bills of Credit as aforesaid, and for other the purposes hereinafter mentioned ; and for appor- tioning the sum of Sixteen Thousand Pounds, part of the aforesaid Tax, on the Merchants and other inhabitants living and residing within the limits of the town plat of Charlestown 662
360 An Act for the better regulation of the Indian Trade, by impowering the Commis-
sioners therein named to manage the same, for the sole use, benefit and behoof of the publick 677
361 An additional Act to an Act to prevent deceipts in seHing of Beef, Pork, Pitch, Tar,
Rosin and Turpentine.
362 An Act to appoint a Press Master, and lay a penalty upon any person or person.s
that shall refuse, upon oath, to appraise such Goods and all other Necessaries as shall be impressed for the service of the publick. 680
xiv TABLE OF CONTENTS.
A. D. 1716 363 An Act for Reviving and continuing the several Acts therein mentioned, which are
expired or near expiring 681
364 An Act to impovver the Commissioners appointed to stamp Fifteen Thousand
Pounds in BiUs of Credit, to pay for Thirty-two White Servants, purchased by the Honourable the Governour, to be employed in defending this Province against our enemies, as also to pay for their maintenance before they were delivered into the Governour's possession ' 682
365 An Act to keep inviolate and preserve the freedom of Elections, and appoint who
shall be deemed and adjudged capable of choosing or being chosen Members
of the Commons House of Assembly 683
366 An Act for appointing Rangers to guard the Frontiers of this Province against the
Incursion of our Indian Enemies, and for making a further provision for the Garrisons of Port Royal and Savano Town.
367 An additional Act to an Act entituled an Act for the better Regulation of the Indian
Trade, by impowering the Commissioners therein named to manage the same, for the sole use, benefit and behoof of the publick 691
368 An Act for the payment of the sum of Five Hundred Pounds, current money, unto
]\faria, the wife of John Charlton, late of this Province, Vintner, in case she procures the Huspaw King, now at St. Augustine, and his people, to return and be subject again to this Government 695
369 An Acttoimpower the Honourable the Deputy Governour, or the Commander-in-
Chief, for the time being, to impress Necessaries for the use of the Garrison at Savano Town, and to raise Forces to join the Charikee Indians, to the farther prosecution of the War agamst our Indian enemies, and to appoint Commis- sioners to take, settle and adjust such outstanding debts as are due from the Publick for several necessaries impressed for the service of the War, from the inhabitants of this Province.
370 An Act forthe better ordering and settling the Pilotage C96
Table of Contents of the Notes 701
Remarks concerning the Notes 703
Notes 705
Index.
ACTS OF THE PARLIAMENT AND GENERAL ASSEMBLY OF SOUTH CAROLINA, OF A MUNICIPAL CHARACTER.
PREFATORY OBSERVATIONS,
The collections of the Public Laws of South Carolina, arc —
1st. That of Chief Justice Trott, in folio, 1736 ; commencing with Act No. 86, October 15th, 1692, and ending with Act of 30th May, 1734. The last act inserted in full, is one of the 9th April, 1734.
2nd, The Public Laws of South Carolina, edited by John Faucheraud Grimke, Esq. 4to, July, 1790. Commencing 1694 and ending Janua- ry, 1790.
3d. The alphabetical Digest of the Public Law of South Carolina, in 3 vols, 8vo, 1814, by the honorable Judge Joseph Brevard.
Neither of these collections gives the respective Acts full and com- plete. The Compilers have rejected the Laws and parts of Laws which they found to have been repealed, or which they considered as obsolete. A work fulfilling the title of the Statutes at Large, remains therefore a desideratum. The present Editor has proposed to publish such a collect tion, as completely as the existing materials will permit.
The original Acts from No, 1, to No. 22, are not now to be found. They extend from 1682 to 1685. Some of the others are so obscure from age, from dampness, or in other respects so mutilated, as not to be every where legible. In copying them, the Editor has avoided inserting any words from mere inference or conjecture, although he has occasion^ ally made out a dubious passage by collation. Where he has been com- pelled to omit a few words from defect in the manuscript, he has sub- stituted asterisks, — * * *
The remarks of Chief Justice Trott, and Judge Grimke, on the va- rious acts and sections of acts, as being obsolete or otherwise, are pre- served. They are to be regarded and respected as the opinions of able and learned Judges, deliberately formed on a purview of the acts in their connection ; but not as authority to render any act obsolete which the legislature has not thought fit to repeal. That authority is (in the opinion of the present Editor) not to be conceded even to the decisions of the judicial bench. It would be desireable, if the Judges of the Ap- peal Court were to report annually to the Legislature such defects and alterations in the Statute Law, as the practical experience of those VOL. 11.— 1.
STATUTES AT LARGE
Judges might point out as deserving of legislative notice. This would in time, take av\ray the temptation to judicial legislation, which under existing circumstances it is not easy to avoid.
The attestations of the Governor and other public functionaries by whom the acts are signed, are accompanied in the original manuscripts by their seals ; which, of course, are here omitted. It seemed useless to the Editor to repeat the L. S. (Locus Sigilli) after every name.
The Editor submitted to the Judiciary Committee of 1835, the pro- priety of inserting all the acts from 1682 to 1694 of which the original manusciipts could be found in a legible state. That committee recom- mended their insertion ; and properly, as the collection would not fulfil the title it assumes, if they were purposely omitted. But as these laws may be considered as obsolete, or repealed, or superceded in great part, if not altogether, by subsequent legislation, the Editor has commenced his series of notes and references at the peiiod which the members of the profession have been in the habit of regarding as introducing the laws actually in force, viz, 1694, when Grimke's collection commences.
The notes and references are principally confined to the decisions that have taken place in the Courts of our own State.
The acts are numbered in conformity with the red ink numbering of the public laws, in the original manuscripts, so far as that system of numbering regularly extends. They are then numbered in the order of their insertion in this work, without regaid to the numbers adopted by Trott and Grimke, which neither conform regularly to each other, or to the numbers in the original Acts. As this work will probably supercede the labours of those Editors, the numbers are adapted to the present edition. Where the original acts are not to be found, either the acts themselves or their titles are supplied from Trott.
The omissions of sections and parts of acts, perpetually occurring in the Collections of Trott and Grimke, are supplied as far as possible from the original manuscript acts.
In conformity to the plan of the work, submitted to the legislature, and approved by the report of the Judiciary Committee, (adopted 1835) the following classes of Acts are reserved for the concluding volume ; the titles and numbers of them only, are inserted in the present.
Acts of Supplies and Appropriations.
Acts relating to Highways, Roads, Rivers, Bridges, Canals, Rail Roads.
Acts relating to incorporated Societies.
Acts relating to the City of Charleston.
Acts relating to Militia, Cavalry, Artillery, and Volunteer Companies.
Acts relating to the coloured population of this State.
Acts for establishing Circuits and Courts of every description.
EDITOR.
OF SOUTH CAROLINA.
A. D. 1685.
AN ACT FOR THE SETTLING OP A PiLOT, APRIL 1 1th, 1685.
(This Act is so defaced and torn as to be illegible,) This Act is the first in order of time of the manuscript Acts now re- maining.
No. 22.
At a Parliament Tiolden at Charleslowne for tliat 2^(irte of the Province of Carolina, which lyeth Southrcard and WestUHird of Cape Fear. Begun the third day of March, in the yeare of our Lord Christ, one thou- sand six hundred eighty and four, and in the thirtyseaventh yeare of the reign of our Sovereign Lord, Charles the second, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the faith, i^.
AN ACT, ASCERTAINIFG THE GoVERNOUR's FeES.
Be it enacted by his Excellency William Earle of Craven, Palatine, the true and absolute Lords and Proprietors of the said Province, and by the Commons of the same, assembled in Parliament, and it is enacted by the authority of the same, that the Governour for the tyme being of this Province shall demand and receive the severall fees hereunder men- tioned, viz.
No. 23.
|
Fees |
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L. |
s. |
D. ascertained |
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0. |
5. |
0 |
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5. |
0. |
0 |
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3. |
0. |
0 |
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0. |
10. |
0 |
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0. |
5. |
0 |
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0. |
10. |
0 |
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1. |
0. |
0 |
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0. |
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6 |
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5. |
0 |
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0. |
5. |
0 |
Imprimis,
For signing a Vessel's despatch.
For signing every License to sell Wine.
For signing a License to sell Punch or other Liquors.
For signing a letter testimoniall.
For signing every writ or warrant in the Admiralty Court.
For signing a License for mamage.
For signing every warrant of contempt of the Admiralty.
For signing a warrant of appraisement.
For signing a letter of administration.
For signing a probate of a will.
Provided alwais. That this Act and all the matters therein contained, proviso, by the authority of this present Parliament, are enacted to continue in force for the space of twenty three monthes from the ratification of the same, and noe longer.
Read three tymes and ratified in open Parliament, this eleventh day of April, A. D. 1685.
ROBT. QUARRY, MATT. MATTHEWS, PAULL GRIMBALL, STE. BULL, JOSEPH WEST, JOHN MOORE, JOHN" GODFREY.
JOHN BOONE
A.D. 1685.
STATUTES AT LARGE
No. 24.
Preamble.
Enactment.
Officers to abide by the table of fees in all cases.
Penalty for taking more than due fees.
Officers to keep tables of fees.
How fees are to be paid.
At a Parliament holden at Charlestoion, for that parte of the Provi?ice of Carolina, that lyeth Southward and Westward of Cape Fear, Begun the third day of Marc7i, in the year of our Lord Chriift, one thousand six hun- dred eighty and four, and in the thirty seaventh year of the reig?i of our Sovereign Lord King Charles the second, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the faith, &fc.
AN ACT For the ascertaining the fees of the Surveyor Generall, Clarke of the Peace and Crown, Coroner, and of the Clarke
OF THE PaRLLIMENT.
"WHEREAS, it is thought necessary and convenient, that tables of fees be regulated for the Surveyor Generall, Clarke of the Crown and Peace, the Coroner and Clarke of the Parliament, the want of which may be prejudiciall to diverse inhabitants of this Province; for the pre- vention whereof, and that the people may not be abused and oppressed with unreasonable burthens and exactions, and that certain rules may be given to the said officers for their demands of reward, for their service and attendance, Be it enacted by his Excellency William Earle of Craven, Palatine, the true and absolute Lords and Proprietors of the said Pro- vince, and by the Commons of the same, now assembled in Parliament, AND IT IS ENACTED by the authority of the same, that the particulars of the said officers fees, hereunder sett down, shall be the positive and indisputable rule whereby every of the said officers shall de- mand and receive their fees for execution of every seveiall business or matter belonging to their severall and respective offices, and that the said Surveyor General, Clarke of the Peace and Crown, Coroner, and the Clarke of the Parliament, shall not demand of any person or persons greater fees than are mentioned and sett down in the said annexed tables.
II. And if the said officers or any of them, or any under any of them, shall upon what pretext soever, demand and receive of any person or persons greater fees and rewards than are appointed and sett down in this Act, being duly convicted thereof, before any two membeis of the Grand Council, .shall for every penny soe received by him or them, pay one shilling to the person or persons of whom the said officer or officers, or any person under him or them, shall soe demand and receive the same, and be lyable to such fine or fines as the Grand Council shall think fitting to impose, the same not exceeding fifty pounds sterling.
III. And it is further enacted by the authority aforesaid, that the said Surveyor Generall, Clarke of the Crown and Peace?, Coroner and Clarke of the Parliament, doe forth^dih after the ratification and publication of this Act, sett upp and constantly keep tables of the fees belonging to their respective offices, and upon default, to be fineable at the discretion of the Grand Council or any two of them.
IV. And he it enacted by the authority aforesaid, that all and every person and persons whatsoever, in Charlestown, and within the said Province, shall pay unto the said Officers or those under them, such fees as shall be due to the said Officers or their deputies from them, in current money in Charlestown, or in corn after the rate of two shillings per bushell, pease after the rate of two shillings and six pence
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0. |
5. 0 |
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0. |
2. 6 |
|
L. |
S. D. |
|
0. |
10 0 |
OF SOUTH CAROLINA.
per bushell, porke at twenty shillings sterling per neat hundred, beef at A. D. 1685. sixteen shillings per neat hundred, and tarr, with its cask, at the rate of ^--^^'^^^'^ eight shillings per barrell.
THE SURVEYOR GENERALL'S FEES.
For running out any quantity of land, by common or L. S. D. special wanant, be the quantity more or less, per acre one penny. 0 0 1
For a faire plat, a reccoid of that plat, a certificate returnable by warrant, and areccoid of that certificate, twelve shillings and six pence. 0. 12. 6
For a copy of that plat, and the search attested if the originall be lost.
For recording of lands.
For a certificate of any lines of lands, or otherwise, upon difference between any persons, the said certificate having the field work thereunto annexed, excepting town lotts, tenn shillings.
For running out a town lott with a plat, and certificate and recording of both, fifteen shillings. 0. 15. 0
For any person that shall employ the Surveyor, and that the Surveyor be hindered to do the work desired, whereof the Surveyor is not the cause, in such case the Surveyor shall have tenn shillings per diem. 0. 10. 0
For running out any lines between party and party, tenn shillings per diem, or other work wherein the Sur- veyor is employed per diem. 0. 10. 0
FEES,
BELONGING TO THE CLARKE OF THE CROWN AND THE
CLARKE OF THE PEACE.
For reading a petition or any other writing, one shil- ling and three pence.
For entering an order thereupon, one shilling and three pence.
For a copy of the said order, one shilling three pence.
For filing a petition or other writing.
For a commitment, halfe a crown.
For a release, halfe a crown.
For any record.
For a copy of a record.
For a mittimus, halfe a crown.
For a license at a Sessions to sell beer or punch, or for any other license granted. 0. 10. 0
For a bond at a Sessions to keep good order, or by those that are licensed to sell liquors, or for any other bond, two shillings and six pence.
For a warrant of contempt, two shillings and six pence.
For any other warrant.
For a recognisance, two shillings and six pence.
For withdrawing a recognisance, halfe a crown.
For a hue and crye, halfe a crown.
For an order to keep a bastard child, five shillings.
|
L. |
S. |
D. |
|
0. |
1. |
3 |
|
0. |
1. |
3 |
|
0. |
1. |
3 |
|
0, |
1. |
0 |
|
0. |
2. |
6 |
|
0. |
2. |
6 |
|
0. |
2. |
6 |
|
0. |
2. |
6 |
|
0. |
2. |
6 |
|
0. |
2. |
6 |
|
0. |
2. |
6 |
|
0. |
1. |
6 |
|
0. |
2. |
6 |
|
0. |
2. |
6 |
|
0. |
2. |
6 |
|
0. |
6. |
0 |
r^^-TT^nO
A. D. 1685.
STATUTES AT LARGE
For a writ of restitution, five shillings.
For every person indicted or presented, tenn shillings.
For an arraignment, traverse, or release, and for every one quitt by proclamation.
For a warrant of distress, halfe a crown.
For entering every plea.
For attending to Sessions, to, be paid out of the fines and amerciaments, each day duiing the sessions.
For the record of any cause removed by certiorari, or habeas corpus, into any other court, and the retume.
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L. |
s. |
D. |
|
0. |
5. |
0 |
|
0. |
10. |
0 |
|
0. |
5. |
0 |
|
0. |
2. |
6 |
|
0. |
2. |
6 |
|
0. |
10. |
0 |
|
0. |
10. |
0 |
THE CLARKE OF THE PARLIAMENT'S FEES.
For every faire copy of an Act of Parliament. For any Act of Parliament upon any particular person or person's Motion or Interest, forty shillings.
D.
0
2. 0. 0
THE CORONERS FEES.
For every inquisition, sub visu corporis. To the Juiy.
For serving each processe of arrest. For mileage, each mile.
3. 0 0
0. 12. 0
0, 5. 0
0. 0. 3
Proviso. Provided alwais, And it is by the authority aforesaid enacted, that
in case the deceased body, (upon view of which the Coroners inquisi- tion is taken,) shall be found to be the deceased body of any late servant to any person in this province, or appear that the deceased at the tyme of his death, had noe effects or estate in any kind sufficient wherewith to defray the said fees of three pounds and twelve shillings, then such person or persons, who shall send for the Coroner to view the said body in order to its buriall, shall not be charged with, or lyable to pay the said Coroner the said fee of three pounds ; nor to pay to the said Jury the said fee of twelve shillings; but in such case the said Coroner in lieu of the said fees of three pounds and twelve shil- lings, shall and may receive of the county, where such body as aforesaid, shall or may be viewed, the sum of twenty shillings sterling only. Provided also, That this Act, and all the matters therein contained.
Continuance of j^y j]^g authority of this present Parliament, are enacted to continue in force the space of twenty -three months from the ratification of the same, , and noe longer.
Read three tymes and ratified in open Parliament, this eleventh day of April, A. D. 1685.
JOHN BOONE.
JOSEPH WEST, JNO. MOORE, JOHN GODFREY, ROBT. QUARRY, MATTHEW MATTHEWS, PAULL GRIMBALL, STE. BULL,
OF SOUTH CAROLINA.
A. D. 16S5.
AN ACT For the cleaning the lotts and streetes of Charles- No. 25.
TOWN, AND FOR THE SETTLEMENT AND REGULATION OF A NIGHT-WATCH
IN THE SAID TOWN, f See last volume.)
At the Parliament begun and liolden at Charlestoivn, for that parte of the Province of Carolina, that hjeth Southward and Westward of Cape Fear, on the nyneteentli day of November, in the year of our Lord Christ, one thousand six hundred eighty and five. And in the first year of the reign of our Sovereign Lord, James the second, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, 8fc.
AN ACT For the restraining and punishing Privateers. iVb. 26.
WHEREAS, nothing can more contribute to his sacred Majestie's preamble, honour and the peace and quiet of this Colony, than that such articles
as are agreed and concluded on, in all treaties of peace, should be most { inviolably preserved and kept in and over all his dominions and territories.
And whereas, not only against such treaties of peace made by his Ma- ■ jestie with his Allies, but alsoe contrary to his Majestie's Royal Procla- " i
mation, severall of his subjects have, and do continually goe from other J
English Colonies, and may hereafter from this Colony, into the service ' of foreign princes, and saile under their comissions, contrary to their duty and good allegiance, and by faire means cannot be restrained from soe doing, Be it therefore enacted, by the Palatine and the rest of the true Enactment, and absolute Loids and Proprietors of this Province, by and with the
advice of the nobility and comons in this Parliament assembled, that '
from and after the publication hereof, it shall be felony for any person rpj^^t it shall be \
whoe now doth, or within foure yeares last past heretofore hath, or here- felony for any \
after shall inhabit, or belong to that part of the Province of Carolina, which ""hoStiir*^^^ ^ \
lyes from Cape Fear, south and west, to serve in America in an hostile manner ;
manner under any foreign Prince, State or Potentate, or any imployed ^S'*'"?'^ ;
under any of them, against any other foreign Prince, State or Potentate, ' \
in amity with his Majestic, without special license for so doing, under the ;
hand and seal of the GoveiTiour or Comander in Chief of this Province i
for the tyme being, and that all and every such offender or offenders, ;
contrary to the true intent of this Act, being thereof duely convicted in \
the Chief Justices Court, or in any of the County Courts, within the said \
parte of this Province, to which Courts authority is hereby given to heare i
and deteiTiiine the same, as in other cases of felony, shall suffer the i paines of death without the benefit of clergy.
II. Provided nevertheless, That this act nor any thing therein contain- Proviso.
ed, shall extend to any person or persons which now are, or have '
been in the service and imployment of any foreign Prince, State,
or Potentate whatsoever, that shall returne to this Province and leave \
and deserte such service and imployment, before the twentieth day of ]
January next ensuing, rendering themselves to the Governour or Com- 1
ander in Chief for the tyme being, and giving him such security as ]
he shall appoint for their future good behaviour, and also that he or
they shall not departe this Province without the Governours leave. ,j
III. And for the better and more speedy execution of Justice ujwn Preamble.
STATUTES AT LARGE
A. D. 1685. such who having committed treasons, pyracyes, feloneys and other offences upon the sea, shall be apprehended in, or brought prisoners to this Province, Be it further enacted by the authority aforesaid, that all treasons, pyracyes, feloneys, robberies, murthers, or confederacies. Commissions to comitted, or that hereafter shall be comitted upon the sea, or in any be granted to haven, creek or bay, where by the laws of England the Admirall hath to'tryalfsuch"^*^"^'^'^^^^^^^"' ^^ ^^ inquired, tryed, heard, determined and judged ofTences. within this Province, in such like forme as if such offences had been
comitted in and upon the land; and to that end and purpose comissions shall be had under the great seal of the Province for the tyme being, directed to the Admirall of the Province or his Deputy, and such other substantial persons, as by the Governour or Comander in Chief of this Province, and the Lords Propiietors or their deputies for the tyme being, shall be named or appointed, which said comissions or such a quorum of them as by such comission shall be thereunto authorised, shall have full power to doe all things in and about the inquiry, hearing and determining, adjudging and punishing any of the crimes and offen- ces aforesaid, as any Commissioner to be appointed under the greate scale of England, by virtue of a statute, made the twenty eighth yeare of the Reigne of King Henry the Eighth, are impowered to doe and execute within the Kingdom of England. And that the said offenders, which are, or shall be apprehended in or brought prisoners to this Pro- vince, shall be lyable to such orders, processe, judgements and execu- tion, by virtue of such comission to be grounded upon this Act, as might be awarded or given against them, if they were proceeded against in the Realme of England by virtue of any comission grounded upon the said statute,
IV. And all tryalls heretofore had against such criminall or criminalls, before any Judge or Judges, by virtue of such authority or comission at any time heretofore granted, and all proceedings thereupon, are here- by ratified, confirmed and adjudged lawfull, and all such Judges, with all and every the inferior officers that have acted thereby, are hereby in- demnified to all intents and purposes whatsoever ; and in case they or any of them, shall at any time hereafter be sued, vexed, molested or troubled for any such their proceedings as aforesaid, he or they soe sued, vexed, or molested, shall plead the General issue and give this Act in Evidence, any Law, Statute, Custome or Usage to the contrary in any wise notwithstanding.
V. And he it further enacted by the authority aforesaid, that all and Penalty for not gvery person or persons, that shall knowingly in any way entertain, to apprehend harbor, conceale, trade, or hold any correspondence by letter or other- wise, with any person or persons, that shall be deemed and adjudged to be Privateers, Pirates, or other offenders within the construction of this Act, and that shall not readily indeavour to the best of his or their jiower, to apprehend, or to cause to be apprehended, such offen- der or offenders, shall be lyable to be prosecuted as accessary and confederates, and to suffer such paines and penaltyes as in such case by law is provided, and for the better and more effectual execution of this Act.
VI. And he it further enacted by the authority aforesaid, that all comis- sion officers in their severall precincts, within the said parte of the Province aforesaid, are hereby impowered and required, upon either their own knowledge, or notice given that any privateers, pirates or other persons suspected to be upon any unlawful designe, are in any
Indemnity to all persons heretofore having sat in judgement against them.
such persons.
Oflicers of precinnts to levy armed men to take such persons where they hear of them in
their precincts, place within their respective precincts, to raise and levy such number of
OF SOUTH CAROLINA. 9 I
i well armed men, as he or they shall think needfull for the seizing, appre- A.D. 1685. hending and carrying to Goal, all and every such persons; and in case of ^-^''v-^*^ any resistance or refusall to yield obedience to his Majestie's authority, i it shall be lawfull to kill and destroye such person or persons ; and all and every person or persons that shall oppose or resist, by striking or ' firing upon any comanded partyes, shall be deemed, taken and ad- < judged as felons without benefit of clergy; and every such officer that j shall omit or neglect his duty herein, shall forfeit the sum of fifty pcunds j curi'ent money of this Province for every such offence, to be recovered in , any of the Courts of Record within this Province, by plaint or infor- mation, wherein no essoign, wager of law, or protection shall be ; allowed : one moyety whereof to be to the Palatine and Lords Proprietors, j their heirs and successors, for and towards the support of the Govern- | ment of this Province, and the contingent charges thereof, and the I other moyety to the informer. And all and every person or persons that upon orders given him or them, shall refuse to repaire immediately with his or their arms well fixed, and amunition, to such place or places ] as shall be appoynted by the said officer, and not readily obey his com- mands in the execution of the premises, shall be lyable to such fine or corporall punishment, as by the Grand Counsell shall be thought fit.
Read iJiree tymes and ratifyed in open Parliument, this '■
23d. of Normnber, 1685. ■
JOSEPH MORTON,
ROBT. QUARRY, i
JOHN GODFREY, j
PAULL GRIMBALL, i
STE. BULL, ^
JOSEPH MORTON, Jr. j
JOHN FARR. I
WILL. DUNLOP. I
At the Parliament begun and kolden at Charlcstownc, for that parte of the Provi?ice of Carolina, thai lyeth Southward and Westward of
Cape Fcare, in the yeare of our Lord Christ, one thousand six hundred \
eighty and Jive, and in the first yeare of the reigne of our Sovereign :
Lord King James the second, by the Ch-ace of God, King of England, ! Scotland, France and Ireland, Defender of the faith, h^c.
I
A1S[ ACT FOR THE BETTER SECURITY OF THAT PARTE OF THE PROVINCE jy £7 " '1
OF Carolina, that lyeth Southward and Westward of Cape • • j Feare, against any hostile invasions and attempts by Sea or Land, which the neighbouring Spaniard or other enemy may
make upon the same. — i
1
WHEREAS the said parte of this Province of Carolina, which lyeth aSp ,, j
aforesaid, to the South and Westward of Cape Feare, now being, (to God ' j
be praise) in a very thriving and hopeful condition, considering the small I
tyme since the first settlement thereof. Nevertheless diverse enemies to 1
the peace and good weal of the same, and the honor of his most sacred j
Majestie, and the good Government therein established, envying the I
prosperity thereof, threaten after the manner of enemies, pyrates and ' robbers, to enter upon and to make spoil of this settlement, to the utter VOL. II.— 2.
10 STATUTES AT LARGE
A. D. 1GS5. ruin thereof, and hazard of our lives; to the end therefore, that noe lawful! '•-^''^^^^^^ means be omitted that (under God) may conduce to the general security Enactment. and preservation of the same, Be it eyiactcd by his Excellency William, Eai'le of Craven, Palatine, and the true and absolute Lords and Proprie- tors of the said Province, Ijy and with the advice and consent of the nobility and comons of this present Parliament assembled ; And it is enacted by the authority of the same, that the Colonell, Lieutenant Colo- nell. Major and all other Comission officers within the said parte of this Province, in any Regiment or Regiments within the same, doe forthwith by comand of the Governourfor the tyme being, cause all the respective OfTicera lo lists of his and their companyes to be forthwith settled and compleated, rornplete their ^nd to be in such military posture as is required in a late Act entitled an Act for the better regulation of the militia. And it is further enacted by the authority aforesaid, that within thirty days after the Ratification of this Act, there be built and erected one tight small house upon Sullivand's
Watch-houses jg|a.nd, the like watch house upon the South point of the mouth of Ashley
to be erected. . '-,..,., / , . r -n ti i
river, and the hke tight watch house, in such place about Port Koyal
within the said parte (jf this Province, as the Inhabitants there shall judge most fitt ; and that in order to the same, as soon as may be after the ratification of this Act, the said field and comission officers by appoint- Offirers to meet ixient of the Governour for the tyme being, doe meet in Charlestowne, to consult. whoe or any three of them, of which a field officer to be one, doe consult and agree upon the most likely expedients for the better execution of this Act, and amongst others consult and agree upon the most fitling places for the erecting all the said three watch houses for look-outes on the places above appointed, each of which watch houses shall during the pleasure of the Grand Counsel), be constantly guarded by four men and a Serjeant, to be appointed as hereafter mentioned; the said officers as to To advise with the place of the said third watch house at Port Royal shall take to them- *'r%'"^'^j"^'n*'^elves the assistance and opinion of the most prudent Inhabitants near concerning the the said place. Which said Officers at their said meeting, shall appoint watch-house to one or more fitting and discreet persons whome they shall think best, with e ui t tiere. pQ^ygj. a,nd authority to him or them given, to survey, oversee, and speed the erectraent of all the said three watch-houses. Which said Sur\'eyor appointed to ^"^ overseers, shall (according to instructions given him or them by the said d.rect the work, officers, or by the Governour or Grand Counsell) judge of and direct the dimension, scantlings and workmanshipp, of the said three watch- houses.
II. And it is enacted, by the authority aforesaid, that the Grand ,, , . Counsell shall from tyme to tyme, by their warrant or order directed to
I'lonov now to •/»/'•/
be supphed. the Public Receiver of the said parte of this Province for the tyme being, require him to issue out, pay and deliver to the person or persons ap- pointed to receive the same, all moneys or effects necessary for the abso- lute beginning and finishing the said works, and also for the wages of the said surveyor or overseer, surveyors or overseers, and the wages of the said watchmen and Serjeants, according to the directions of this Act. And in case there shall be no Grand Counsell sitting at the tyme of any extraordinary emergencyes in the want of moneys to defray the said charges to be paid by virtue of this Act ; then in such case, any three comision officers, of which the said Colonell or Major shall be one, shall signe their orders directed to the said Receiver for the tyme being, which said Receiver and his Deputy, are hereby required to complye with, and pay the contents of all such last mentioned orders, in equall manner as if they had been issued out and directed by the Grand Counsell as- sembled.
OF SOUTH CAROLINA. 11 i
I
III. And it is enacted by die authority aforesaid, that as soon alsoe as ^- ^- ^^5. ; may be after the Ratification of this Act, a good Boate or Boates be ap- p""""^"^^""**^ I pointed for this service by the Grand Counsell, who are hereby authorised appofn,*'pjj^^j,^ | to direct the said field or comission officers or others concerned, how this service. I they shall take, imploy and secure the said boate or boates for the seivice
of the said watch-houses or any other public service, and shall further
appoint to every surveyor or overseer imployed in the said worke or '
workes to be done in and about the said watch-houses, his and their con- ' I
venient wages and recompense. i
IV. And it is further enacted, That the Colonel or other Field Soldiers, liow to officer of each Regiment or Regiments in the said paite of this Province, ^^ appoime J
doe from tyme to tyme, as there shall be occasion, give his orders to liis 1
under officer or officers, of every company by turnes throughout the said |
Regiment or Regiments, to draw out from each company, four men and :
one seijeant to command them, with orders to him and them to keep
stand, watch and duty at the said respective watch-houses, where they
are or shall be sent by their superiour officer or officers. Provided Proviso.
allwais, and it is hereby enacted, that every Colonell, or his Major during
the said Colonell's absence, doe give every Captain or Officer comanded
as aforesaid, seaven days notice of his sending his said serjeant and,
soldiers to the said watch-houses as aforesaid ; and every such comanded
officer or officers is, and are hereby strictly charged and enjoined to use ' '
herein all impartiality, giving every man his equall share of duty. '
V. Ai'd it is hereby enacted by the authority aforesaid, that the said Relief of Guanl, superiour Officers, Colonell or Maior, shall at the end of every fourteen ^°^^ *° j^ days, successively happening after the first appointment of the said Guard
or Watch, relieve after the manner of martiall dissipline, the persons ' ,
watching and keeping guard at the said watch houses. But nevertheless,
if it shall fall out that through stress of wind and weather, such person , ;
or persons appointed to keep guard and watch as aforesaid, cannot be j
relieved in due tyme as by the intents of this Act ; yet the said serjeant ;
and his said guard remaining upon their dutyes, shall not presume to relievcd''at tl?e 1
retire from their said guard, watch-house, and station, of themselves, but precise time,
shall continue their respective dutves (not exceeding eighteen days in ^^*^y *'/''', ■ !
all,) until they shall be duely relieved according to martiall order and remain at their
usage, under paine of incurring such punivshments which offenders in post.
lik? cases, according to martiall dissipline ought to suffer.
VI. And it is further enacted, by the authority aforesaid, that every PJ'°"^''«'°"'''^ow person comanded by virtue of this Act, to doe the duty above specified,
which from him is required, at the said respective watch-houses, shall
take and carrye with him at his own costs and charges, eighteen days
provision for himself,and that the Master, Mistiess or Overseer of every
servant soe sent, or under comand as above mentioned, shall find and i
deliver to such his servant, the like provisions sufficient for eighteen days \
as aforesaid. r a \^ '
VII. And it is enacted by the authority aforesaid, that each person b^ armed.^ comanded to keep watch or guard, at any of the said watch or guard • i houses, be completely armed with a good musket or fuzee, and sword or < hatchet, and a good Cartuse Box or coller of bandeliers, with twelve > charges of good powder and ball, as by the said cited Act is directed.
And that the serjeant comanding each party of four men, and every
other soldier or person, sent as aforesaid, shall receive and have for i
wages in manner following, that is to say, every such serjeant shall ^^^^^ °^'^'^® |
have and receive two shillings per diem, and every other soldier, the * '\
sum of fifteen pence for every daye he or they shall performs his or
12 STATUTES AT LARGE
A. D. 1685. their dutyes according to orders that shall be given in that behalfe, ^-^^^'"^^ which wages their said respective superiour officers most imediately con- cerned, shall see be duely paid them accordingly. And permission is given to every Master, Mistress or Overseer of every servant sent upon duty as aforesaid, to take to himself the wages of his, her, and their servant and servants, any thing before contained to the contrary not- withstanding.
Money.whence VIII. Anditisfurther enacted and ordered, by the authority aforesaid, that all to be procured. jjjQj^gyg q^. effects to be paid by the said Public Receiver for the tyme being, for the service of this Act, shall be paid out of such moneys or effects which shall be in his hands, appointed for the public service of the said parte of this Province, or otherwise in his hands paid unto him by virtue of a certain tax raised, or to be raised, by force of a late Act entitled " an , Act for the raising of five hundred arvd twenty pounds stei'ling current
money, for the publick charge of this Province," ratified on the eleventh day of April last, one thousand six hundred eighty and five.
, IX. Ajid it is further enacted by the authority aforesaid, that every
punishments field or Other comission officer or officers offending against the purporte enacted. of this Act, shall be fined at the discretion of the Grand Counsel!,
aoe as that the fine of any one officer offending, doe not exceede the summe of tenn punds sterling, and every serjeant or soldier offending against this act, in the respective dutyes on them enjoined and required, shall and may be punished by the order of his or their superiour officer or officers according to martiall dissipline.
X. And it is further enacted, by the authority aforesaid, that the Grand Counsell shall from tyme to tyme, as they shall see cause, send to the Colonell or Major of each Regiment, their orders and directions, to be by him or them communicated and sent to the serjeant and soldiers keeping watch or guard at their said watch or guard houses, instructing them in their general dutyes, and particularly in what manner they shall give the signal on publick alarum, upon the view and approach of any enemy, which orders and directions every seijeant or soldier sent, or to be sent to, and remaining on the said watch and guard houses, shall strictly performe and observe, on the penalties above in this act limited and appointed.
Rewards to fee XI. And it isfurtlier enacted, by the authority aforesaid, that it shall be in Srand ^ ^ ^^^ power of the Grand Counsell, as they shall see cause, to appoint and Counsel!; grant fitting rewards to any comission officer or to any other person
who shall evidently appear to have been faithfully instrumental and ser- viceable in putting this act into execution, and in the preservation of the government, of which fitting rewards the Grand Counsell shall order the payment in such manner as above directed.
Power to hiro Provided alwais and it is hereby enacted, that it shall be in the power of ioldiersand the Colonel, Major, or of the Other said comission officers, of which the said Colonel or Major to be one, in their discretions to hire and agree with five able and fitting persons to performe the duty of any of the said Ser- jeants and four soldiers by this act required for each of the said watch- houses upon Sullivand's Island and the South point of the mouth of Ashley river, ordering them wages and punishing their neglect as is above ap- pointed and directed, and also full power and authority to hire and agree at reasonable rates with such number of fitting workemen which shall be necessary for the speedy building of all the said three watch houses, and that the said workemen be paid and satisfied in such manner as is above
OF SOUTH CAROLINA. 1
directed, any thing before contained in this Act to the contraiy notwith- A. D. 1685. standing.
Read three tymcs and ratifyed in open Parliament, this 23d day of November, 1685.
JOSEPH MORTON, ROBT. QUARRY, JOHN GODFREY, PAULL GRIMBALL, STE. BULL, JOS. MORTON, Jun. JOHN FARR, WILL. DUNLOP.
At the Parliament begun and held at Charlestoune, for that parte of the Province of Carolina that lycth soutlnvard and westward of Cape Feare, on the nyneteenth day of November, in the yeare of our hoi'd Christ, one thou- sand six hundred and eighty-jive, arid in the first yeare of the reigne of our Sovereign Lord James the second, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, ifc.
AN ACT FOR THE REVIVING OF SEVERALL ACTS OF PARLIAMENT HERE- No. 28. TOFORE MADE IN THIS PARTE OF THE PROVINCE OF CAROLINA WHICH
LYETH South and West from Cape Feare.
WHEREAS, diverse good lawes have been heretofore made in the said Preamble to parte of this Province, now expired, by experience have been found very revive certain useful and much tending to the publick good thereof. acts now
Be it therefore enacted, by his Excellency, William Earle of Craven, Pa- latine of the said Province, and by the Lords and absolute Proprietors Enumeration of the same, by and with the advice and consent of the nobility and Com-**^ the acts ons in the said Parliament assembled, and it is enacted by authority '^^'^^ " of the same. That one act ratifyed in open Parliament on the twenty-sixth day of May, in the yeare of our Lord Christ, one thousand six hundred and eighty two, intitled an Act for the suppressing of idle, drunken and swearing persons inhabiting within this province. One other Act ratifyed as aforesaid, on the twenty-fifth day of the last mentioned month of May, intitled an Act for the observation of the Lord's Day. One other Act ratifyed as aforesaid, on the first day of November, in the yeare of our Lord Christ, one thousand six hundred eighty and three, intitled an Act to prevent runaways. One other Act ratifyed as aforesaid, on the twenty fourth day of September, in the yeare of our Lord Christ, one thousand six hundred eighty and three, intitled an Act for damage 'of protested bills of exchange. One other Act ratifyed as aforesaid, on the twenty-fifth day of September, in the yeare of our Lord Christ, one thousand six hundred eighty and three, intitled an Act for servants arriving without indentures or contracts. One other Act, ratifyed as "uforesaid, on the last mentioned twenty-fifth day of September, intitled an Act for preventing taking away boates and canoes. And that all and every the branches, words, clauses and sentences in the said several!
14
STATUTES AT LARGE
A. D. 1695. Acts contained, be, and they are hereby revived, and shall stand and be in full force and strength to all intents and constructions what- soever.
Read three tymes and ratifyed in open Parliament, this 23d. of November, 1685.
JOSEPH MORTON, ROBT. QUARRY, JOHN GODFREY, PAULL GRIMBALL, STE. BJLL, JOSEPH MORTON, Jr. JOHN FARR, WILL. DUNLOP.
At the Parliament hegun and held at Charlestorvne, for that parte of the Province of Carolina, that lyeth Southward and Westward of Cape Feare, on the nyneteenth day of November, in the yeare of our Lord Christ, one thousand six hundred and eighty five, and in the first yeare of the reign of our Sovereign Lord, James the second, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, Sfc.
No. 29.
AN ACT FOR THE REVIVING AND ASCERTAINING THE FEES HERETOFORE CHARGEABLE TO THE REGISTER OF MaRRIAGES, BiRTHS AND BuRIALLS,
belonging to that parte of the province of carolina which lyeth South and West from Cape Feare.
Fees enacted.
Penalties and Forfeitures.
Be it enacted, by the Palatine and Lords Proprietors of the said Province, by and with the consent of the nobility and comons in this present Parliament assembled, and it is enacted by the authority of the same. That all fees and dues heretofore appointed and settled, to be paid by all and every person or persons in the said parte of this province ***** unto the Register of Marriages, Births and Burialls for the tyme, belonging to the said parte of this province, as they are sett down and expressed among other things in a certain act of Parliament hereto- fore made in the said parte of this province, and ratifyed on the twenty- fifth day of September, in the yeare of our Lord Christ, one thousand six hundred and eighty three, intitled an Act for ascertaining publick officers fees, are and shall be continued to be paid unto the said Register, in such manner as by virtue of the said act they have been heretofore paid.
And it is further enacted by the authority aforesaid, that all clauses, words and sentences, in the said Act, appointing certain penalties and forfeitures to be paid by all persons not making due Registries according to the intent of the said Act, and not performing whatis on them required thereby, and in relation to the office of the said Register, shall be, and
OF SOUTH CAROLINA. 15
ai"e hereby revived and continued, and be in full force and strength A. D. 1685. to all intents and constructions whatsoever.
Read three tipnes and ratifycd in open Parliamejif, this 23d. Novcmher, 1685.
JOSEPH MORTON, ROBT. QUARRY, JOHN GODFREY, PAULL GRIMBAL,L STE. BULL, JOSEPH MORTON, Jr. JOHN FARR, WM. DUNLOP.
Note — The Act of September 1683, above mentioned, is not now extant. Ry the Church Act of November 30, 1706, Sect. 32, 33, 34, the appointment of a Register of Births, Mar- riages, &c. is given to the Vestry. This Act was confirmed by Act of April 8, 1710, Sect 8. The Act of November 30, 1706, is sadly mutilated by Grimke. I do not find any repeal of the 32d Sect, of that Act, nor ought an appointment of such importance to be omitted. Such an officer ought to belong to every district in the State.
AN ACT OF Parliament intitled as Act to lkavy and impresse ^7,_ 30,
MEN, ARMS &C., FOR THE DEFENCE OF THE GoVERNMINP, AND FOR THE ASSEfeSlNO 500 POUNDES, &C.
WHEREAS the subjects of the King of Spaine, by him thereunto Preamble. ****** have lately in a barbarous and hostile manner, invaded us his Majestie's subjects, inhabitants of that parte of this province which lyeth to the South and Westward of Cape Feare, and under this Govern- ment, burning our houses, killing our stock, cutting off our crops and provisions, murdering and making prisoners as many of us as by the unexpectedness of the attempt, had not the opportunity to escape, and are still designing and contriving our utter ruin and the subversion of this government ; for the more speedy prevention thereof, and the better to enable us to defend ourselves against and repel these our enemies, Enactment Bee it enacted by his Excellency, William, Earle of Craven, Palatine, by and with the advice and consent of this present Parliament assem- bled, and by the authority of the same, that the Grand Counsell have power, and the grand Counsell is hereby impowered at all tymes, before
the fifteenth day of January next, and not after, to leavy and impress ?'"^^^''*°
, • 1 ^, "" .. -, . . 1 n 1 1^ • imprehs men,
men, ships, ooates, arms, ammunition and provision, and all other things arms Ac. &c.
necessary to persue, attacque and (by God's grace,) to vanquish our afore- said enemies, wheresoever within this province, or elsewhere, they are and may be found, and to doe and perform all other exploits which may tend to the quiet and preservation of this government. Provided alwayes, and it is hereby intended that the said men, ships, boates, arms, ammu- nition and provision, and every other thing impressed by virtue of this Act, be imployed and made use of to noe other end or purpose, than the pursuit and vanquishing the aforesaid enemies, and that the persons from whom the ships, boates, arms, ammunition and provisions, or any other thing whatsoever, shall be impressed as aforesaid, may bee reasonably satisfyed and paid. And that the charge of this present expedition may bee equally and indifferently borne by the respective freeholders, and
16 STATUTES AT LARGE
A. 0.1665. others the inhabitants of this Province, Bee it furOier enacted, by the ^-^■"^^"^-^ authority aforesaid, that a tax of five hundred pounds sterling bee equally a taxTo' amount ^^^^^^^^' '"^P*'®^'^ ^"*^ leavyed upon the severall inhabitants, merchants of X 500. and others, (not sei-vants for tyme or terme of yeares,) which now^ are,
or hereafter shall come into this province before this assessment shall be made, (Seamen excepted,) according to their several estates, stores and abilities, and according to the profits indifferently computed of every publicque officer, arising from, or by his respective office or any other imployment w^hatsoever, to be collected and paid in manner hereinafter Power to mentioned. And bee it further enacted by the authority aforesaid, that
appoint 13 the Grand Counsell have power to nominate and appoint thirteen free- Asses^sorT ** holders, which thirteen or any eight of them, shall upon the first Tuesday of May next, meete at Charlestowne, and before they depart thence, truly, Duty of equally and justly assess the said five hundred pounds sterling, and
Assessors and returne thereof make to the Grand Counsell att their next following Counsel!. Session, who shall at some convenient tyme after the first day of October
next, and not sooner, order the Receiver to give notice to all persons to pay their proportion as is hereafter pro\4ded. And it is not hereby meant or intended, that the freeholders nominated and appoynted as aforesaid, shall bee hereby impowered to assess their respective propor- tions of the said tax, but shall assess the full summe of five hundred^ pounds sterling, upon others the several persons as aforesaid. And the Grand Counsell is hereby impowered to appoint five persons, three whereof to bee members of Parliament, to assess the thirteen assessments as aforesaid. And bee it enacted, that Joseph Pendarvis and William Percentage to Popell, gent, shall be receivers for all the several summe or summes and he Receivers, proportions to be raised by virtue of this Act, and in case of his or their failure or death, the Grand Counsell is hereby impowered to nominate another, who shall bee allowed ten per cent for all moneys paid and disposed of according to the directions of the Grand Counsell, which is . . hereby impowered to dispose of the same, so as it bee not to, or for any
imprewed to be Other use or end but the paying and satisfying the severall persons from paid for. whom they have imprest or taken any thing since the seaventeenth day
of August last past, or hereafter shall impresse as aforesaid, for the ne- cessai-y defence and safety of the publicque, and for paying ten pounds to the aforesaid agents or as many of them as attend to this business, and also for the paying twenty shillings to each commissioner of Appeals hereinafter named, which shall attend this service. And the said receivers shall before the first day of March next, give sufficient security such as the Grand Cousell shall approve of, to the honourable the Governour for the Security to bo tyme being, for the use of the publicque, for their honest discharge and given by performance of their said office, and to keepe a faire book of accounts
Receivers. alwaise ready to be perused by all persons concerned, of all moneys received and disposed of according to order of the Grand Counsell. And Books to be all persons are hereby required to pay their severall rates, taxes and pro kept of receipts portions, to the said Receivers, their deputy or deputyes, at Charlestown, and payments, -^yj^i^in twenty days after notice given them at their respective dwellings, or elsewhere, by the Receivers, their deputy or deputyes, of their severall rated taxes and proportions imposed on them by this Act. And it shall and may be lawful for any person to pay theit several proportions in Rate of merchantable sound Corn, at two shillings per bushell, Pease, at two
provisions. shillings and six pence per bushell, Beef, at sixteen shillings and eight pence the hundred, Porke, at two pence half penny the pound, and Tarre, with the caske, at tenn shillings the barrel!. And the Receivers, by themselves or their deputies, are hereby required and comanded to
OF SOUTH CAROLINA. 17
give a list with their proportions of all persons refusing or neglecting to ^■^- l^^^-
pay as aforesaid to one or more members of the Grand Counsell, who is ^ "^"'^'^'^'^
hereby thereunto authorized and required within five days after hee shall
receive a list of the persons with their proportions refusing or neglecting
to pay, by his warrant under his hand and seale to the next Constable,
who is hereby required to give due obedience in execution thereof, to
distrain the person or persons soe refusing by his or their goods and
chattels, and the distress soe taken to keep by the space of foure days att
the cost and charges of the owner thereof. And if the said owner doe Distress on
not either in foure dayes pay as aforesaid the said sume of money due non-payment.
by this Act, the said, distresse to be appraised by three or two of the
inhabitants where the said distresse is taken, the said appraisers being
sworn before any member of the Grand Counsell or any Justice of the
Peace ; and the said Constable is hereby required to deliver the said
distresse, or as much of it as doth by the said appraisement, together with
charges of keeping, distraining and appraising, to the receiver, hee payino-
the constable the charges for taking, keeping and distraining, as aforesaid,
and the overj^lus to be delivered to the owner. And if noe distresse can '
or may be found whereby the rates of any person orpersons may be levyed,
in every such case any one member of the Grand Counsell is hereby
authorized by warrant under his hand and seale to commit such person or
persons to the common goal, there to be kept without bail or mainprize
untill payment shall be made. And if any person assessed or rated finde Appeal.
him or herselfe aggrieved by such assessing or rating and doe within ten
dayes after notice thereof given him by the Receivers complaine to Col.
John Godfrey, Capt. Benj. Blake, Joseph Morton, jun., John Farr and
Capt. Robeitt Gibbes, Esq., or any two of them, who are hereby impow-
ered within ten dayes and after such complaint particuhu-ly to examine
the person complaining of his or her personal estate, wages or profits of
his or their offices, and upon due examination or knowledge thereof al)ate,
defaulk, encrease and enlarge the said assessment. And hee it further
enacted, that if any Assessor, Constable, Commissioner, the said Receiver,
or any other person whatsoever which derives any power from this Act for
the due execution thereof, shall wilfully neglect or refuse to perfoim his
duty in the due and speedy execution of this present Act, the Grand
Counsell may and shall by vu'tue of this Act impose on such person or
persons soe refusing or neglecting their dutyes any fyne not exceeding ten
pounds for any one offence, the same to be leavyed as is before in this
present Act provided for the severall rates and assessments which are not
paid as before appoynted, and the said fines shall be disposed of and
appoynted to the same use and service the other money raised or to bee
raised by virtue of this Act is hereby ordained.
And ichcrcas, for the better managing and carrying on this exploit, several of the members of the Grand Counsell by their conduct, advice and assistance are required to attend this service. Bee it enacted, and it is hereby enacted by this present parliament, that the Governor Avith an j four members of the Grand Counsell shall make a Quorum and have and execute the full power of the Grand Counsell to all intents and purposes as virtually and effectually as if all the members of the Grand Counsell were present, untill the fifteenth day of January next, or the returne of the members of the Grand Counsell employed in this service, which shall happen first. And, bee it further enacted, that John Shelton is hereby nominated and appointed Clerke of this parliament, who is tobee paid and allowed out of the money raised by this Act, after the rate of ten pounds VOL. IL— 3.
18
A. D. 1686.
STATUTES AT LARGE
per cent for the tyme he shall officiate as Gierke, and to have all fees perquisites to a Gierke of Parliament doe or may belong.
Read three tynies and ratifyed in oj>en Parliament, this fifteenth of Octoher, 1686.
JOSEPH MORTON, JNO. GODFREY, PAULL GRIMBALL, STE. BULL, JNO. FARR, WM. DUNLOP, JOS. MORTON, Jr.
No. SI. AN ACT FOR making and mending Highwayes and Pathes and fok CUTTING OF Creeks and Water-courses. (See last volume.)
No. 32.
Preamble.
Parliament hegun and held at Charlestowne the twentieth day of January in the yeare of our Lord God one thousand six hundred eighty and six and in the third yeare of the reigne of our Sovereigne LordJaines the Second, King of England, Sfc.
AN ACT FOR ascertaining the Governor's Fees.
WHEREAS, it hath been the custom and practice of all nations and under all governments to take special care for the due support and maintenance of the Chief Magistrate or Governor, and vt'hereas w^e are very sensible that the government of this province cannot be carried on with that honour and advantage that it ought without much charge and expense to the Governor, wherefore, out of a due regard and consideration thereof and as a more special and particular mark of our respects to the honourable Landgrave, James Colleton, our present Governor, Bee it enacted, by his Excellency William, Earle of Graven, Pallatine, and the true and absolute Loi'ds and Proprietors of the said Province and by the Nobility and Commons of the same, that the honourable Landgrave James Colleton, our present Governor's hall have and receive the several fees hereunder mentioned.
And hee it further enacted by the authority aforesaid, that if any manner Penalty on ^^ person or persons whatsoever shall from and after the ratifycation of withmit hcense this act presume to sell by retail any Wine, Brandy, Rum, Spirits, Beere, Ale or any other liquor whatsoever without a license first obtained from the honourable Lar.dgrave, James Colleton, our Governor, every such person or persons as shall bee duly convicted thereof befoi'e any two members of the Grand Counsell shall forfeit the sum of Ten Pounds sterlin<T, to bee levyed on their goods and chattels by a warrant under the hands and seales of any two members of the Grand Counsell, who are hereby impowered to grant such warrant to the Provost Marshall, and he the said Provost Marshall is required to make a due returne of every such warrant to the Grand Counsell at their next sitting after the execution thereof And it is further enacted by the authority aforesaid, that in case the Provost Marshall shall make returne that he cannot fmde any goods or chattels belonging to the person or persons offending against this Act, and being duly convicted thereof as aforesaid, that then it shall and may be lawful for the Provost Marshall who is hereby impowered to take the
OF SOUTH CAROLINA. 19
person or persons so offending against this Act and convicted thereof as A. D. 1686.
aforesaid into his custody, there to remain without bail or main prize ^-^^"^^^^-^
until hee or they shall have satisfied the aforesaid sume of ten pounds,
•one moyety of which said sume of ten pounds shall be to and for the
use of the honorable Landgrave James Colleton our present Governor,
and the other moyety or half part thereof to be employed for and towards
the public service and defence of this Province. And hee it further ^'^^o\bo.
enacted by the authority aforesaid, that all and every person whatsoever ^®^^'^®'^-
who shall from and after the publication hereof sell any punch in his or
their house, or shall sell any wine, rum, brandy, spirits, beere, ale or any
other liquor whatsoever in any quantity or measure whatsoever under the
quantity of a full gallon, every such person or persons shall be construed
and taken for a retailer, and shall be liable to all such fine as is contayned
in this Act. Provided alwais, and it is the true intent and meaning of Exceptions.
this Act, that this Act nor any thing therein contayned do not extend to
any persons that are inhabitants in the country who shall sell rum or other
liquors to their servants and workmen or to supply their neighbours or
-others out of their said house or houses.
THE GOVERNOR'S FEES,
For signing the dispatch of every Vessel. For a license to retail Wine. For a license to retail Punch. For signing a testimoniall and seale. For signing every writ or warrant in the Admiralty, For a warrant of contempt in the Admiralty. For signing a license for marriage. For signing a decree in the Admiralty, For signing letters of administration. For signing a v/arrant of appraisement, For signing the probatt of a will. For signing a warrant for land. For signing a grant for 500 acres of land or more. For the entry and freedom of every person. For an injunction in Chancery. For signing a decree in Chancery, For signing a ticket for each person goeing off. For signing every grant under 500 acres of land. For a prohibition in the Admiralty.
Provided alwais, and bee it enacted by the authority aforesaid, that this ^Continuance Act nor any thing therein contayned shall continue to be enforced any ^ ^^^^ '^*^" longer than during the time that our present Governor shall continue to be soe or during the time of twenty-three months after the ratifycation af the same which shall first happen.
Read three tymes and ratifyed in open Parliament, the 22d day of January, 1686.
JAMES COLLETON, PAULL GRIMBALL, STE. BULL, JOHN FARR. JOS. MORTON,
WILL. DUNLOP,
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Preamble.
20 STATUTES AT LARGE
A.D. 1686. Parliament begun and held at CltarUstoione the ticentieth day of January, in the yeare of our Lord one thoicsand six hundred eighty and six and in the third year of the rcigne of our Sovereigne Lord James the second, King of England, Sfc.
AN ACT For the Raising of a Public Store of Powder for the iVo. 66. Defence of this Province.
WHEREAS, the subjects of the King of Spain have several tymes lately in a most barbarous, inhuman and hostile manner invaded, his Majestyes subjects inhabitants of that part of this Province which lyeth to the south and westward of Cape Feare, burning our houses, killing our stocke, destroying our provisions, murthering and making prisoners several of his majestyes good subjects there peaceably settled under this government: And whereas it is thought absolutely necessary in order to the future safety and defence of his Majestyes subjects and of all ships and vessels trading to and from this Province, that there be a publicque store of powder alwayes in readiness ;
Bee it therefore enacted by his Excellency William Earle of Craven, Pallatine, the true and absolute Lords and Proprietors of the said Province and by and with the advice and consent of the Commons of the same, now assembled in Parliament, and it is enacted by the authority of the same, that all and every master and commander of all and every ship or shipsr vessel or vessels, that now and hereafter shall come into any port or harbour belonging to this Government, from and after the publication of this Act, shall make a true and just entry in the Secretary's office of the burthen or tunnage of his and their ship or vessel, and every such master or comraantler shall pay and deliver the full and just quantity of half a pound of good clean and serviceable gunpowder, for every and each tun that his or their ship or vessel shall and doth measure by the rule or contayne, and for want of such powder to be paid and delivered as aforesaid, the said master or masters, commander or commanders, shall pay or cause to be paid in shere silver, the sume of nyne pounds, for each and every tun which his or their ship or ships, vessel or vessels, doth or shall measure by the rule or contayne as aforesaid. And it is further enacted by the authority aforesaid, that the Governor, for the tyrae being, shall have power and is hereby impowered from tyme to tyme, to appoint such person or persons who he shall think fit, for the receiving of all such quantitye or quantityes of powder, or all such sumes of money in lieu thereof, which shall be due by virtue of this Act, from any master or Incasft of false masters, commander or commanders, for the tunnage of his or their ship and short entry or ships, vessel or vessels as aforesaid. And it is further enacted, by the authority aforesaid, that in case any master or masters, commander or commanders of any ship or ships, vessel or vessels, doth or shall make a false or shoit entry of the tunnage of his or their ship or ressels, contraiy to the true intent and meaning of this Act, that in such case the person or persons so appoynted by the Governor, for the receivnig of the powder or money as aforesaid, shall and may, and is hereby impowered to send a surveyor on board any such ship or vessel, the master or commander whereof is supposed to have made a false or short entry of her tunnage, and the surveyor is to measure the said ship or vessel, and whatever she shall appear to be or contayn, over and above what she was entered for, the master or commander shall pay or deliver for every tun so entered slioit the quantity of half a pound of powder or nyne pounds clear money, over and above what was due upon the first entry ; and also the Surveyor shall have and receive from such master or commander for his paines
OF SOUTH CAROLINA. 21
and trouble, the sum of ten shillings clear money. But in case it doe or A. D. 1686. shall appear, upon the measuring of any ship or vessel, that she doth not ^-*'^>^"^— ^ contayn more tuns than she was entered for, the master or commander of such ship or vessel, shall not be obliged to pay unto the Surveyor any fee for his service and ,paines in measuring the said ship or vessel. And it is further enacted by the authority aforesaid, that if any master or command- q^j ^^{y^^^x to er of any ship or vessel shall neglect, refuse or deny to pay and deliver all pay the Provost such quantity or quantityes of powder or sume or sumes of money which ^^^^''"J'^'v ^^ shall be due from him or them by virtue of this Act, unto the person or jeiinquent or persons appoynted by the Governor, for the receiving thereof, in such attach the case, it shall and may be lawful for the Provost Marshall, who is hereby'*'*^'''® • impowered and required, at the request of the person or persons appoyn- ted by the Clovernor to receive the powder or money by virtue of this Act, to arrest the person of the said master or commander, or to attach his or their ship or vessel so that tht said ship or vessel shall be held and con- tinued in the custody of the Law, or the person of the said master or commander, without bayle or main prize, until the said master or com- mander shall pay and deliver unto the person or persons appointed by the Governor as aforesaid, all such quantity or quantityes of powder or all such sume or sumes of money which shall be due by virtue of this Act, from him or them for the tunnage of his or their ship or vessel, together with all the costs and charges that shall or may accrue, by reason of the non-payment as aforesaid. And it is further enacted by the authority Books to be aforesaid, that the person or persons who shall be appoynted by theto^be^j^g^" of^* Governor to receive all such powder or money, which shall be due by vessels, virtue of this Act, he or they shall be obliged to keep a faire booke of accounts, alwayes ready to be perused by the Governor and Grand Counsell, or one appoynted by them, in which account hee or they shall menticjn the particular quantity received from every ship or vessel, with the name of the commander, and also the name of the ship or vessel with the time of her departure; and the receiver or receivers appoynted ' as aforesaid, shall not part with any of the powder or money, which he or they shall receive by virtue of this Act, without an order under the hand of the Governor, which order shall bee received and allowed off upon his or their account.
And hee it further enacted by the authority aforesaid, that whatever sume Money or sumes of money shall be I'eceived in lieu of any powder, by virtue of p.^*^i^^^ ^9 ^® this Act, all and every part of the said money so received, shall not be powder. disposed of or imployed to or for any other use whatsoever, than for the buying of powder for the pubiicque defence and security of the country. And hee it further enacted by the authority aforesaid, that his Honor the Comptroller of Governor, shall have power to appoint some fitting person to be Comp-***^^"""^^- troller of the said accounts. Provided alwais, that this Act and all the matters therein contayned, by the authority of this present parliament. Limitation, are enacted to continue in force the sp-ace of twenty-three monthes, from the ratifycation of the same and no longer.
Read three tymes and ratifjed in open Parliament, the 22d of January, 1686.
JAMES COLLETON,
PAUL GRIMBALL,
JOS. MORTON,
JOHN FARR,
STE. BULL,
WILL. DUNLOP.
22 STATUTES AT LARGE
A. D. 1686. ^11 fj Parliament begun and held at Charlestoivne, the one and twentieth ^^■^^'^^^'^^ day of February, in the yeare of our Lord God, one thousand six hundred
eighty and six, and in the third yeare of the Reig7ie of our Sovereigne Lord
King James the Second, over England, 8fc.
No. 34. ^JV ACT INHIBITING THE TRADING WITH SERVANTS OR SLAVES*
fSee Acts No. 60, 81, 135.;
FORASMUCH, as there hath beene of late several itidirect bargaines between freemen, servants and slaves, amongst themselves, whereby some evilly disposed, have adventui'ed privately to embezzle, wast and sell divers of their master's goods, to the impoverishing of their said masters and the nourishing and introducing of vice in this province, for the pre- Penalty for vention whereof for the future, and for the rectifying divers other disorders buying or and enormities, that more civilly minded servants and slaves may not be leave^oFthe*" induced to the same: Bee it enacted by the authority of this present Par- master, liament, and it is enacted by the authority of the same, that from and after the publication hereof, it shall not bee lawful for any freeman or free wo- man, servant or slave, tobuy,sell, barter, contract, bargain or exchange any manner of goods or commodities whatsoever, of, for, to, or with any servant or servants, slave or slaves in this Province, during their time of servitude, without the privity or consent of the master or mistresse of such servant or servants, slave or slaves. And any person offending in any manner as aforesaid, shall be liable, both buyer and seller, if servants, to serve each of their masters, one whole year more than their contracted tyme, being brought before any two Justices of the Peace, one being of the Quorum, and by them convicted of dealing as aforesaid ; an account thereof being returned into the Grand Counsell at their next sitting. Ajid it is enacted by the authority aforesaid, that if any free man or free woman, at any tyme from and after the publication hereof, shall or do buy, sell, bargain, contract, barter or exchange, any manner of goods or commodities what- soever, of, to, or with any servant or sei'vants, slave or slaves, within this Province, and the said goods or commodities do rightly belong to the master or masters of such servant or servants or slaves, or any other person or persons whatsoever ; such free man or free woman so offending, shall satisfy and pay ten times the real value, to be recovered, by due course of Law, to the person whose goods were soe sold and disposed, and all and every part of the goods and commodities soe bought as aforesaid, to the person or persons whose goods they were. And such servant or servants, slave or slaves, soe selling or exchanging such goods or commodities, shall suffer and abide such punishment or censure, not extending to the taking ♦away life or limb, as the Grand Counsell, or any two of them or any two Justices of the Peace, one being of the Grand Counsell, shall think fitt.
And it is likewise enacted by the authority aforesaid, that if any servant or servants, slave or slaves, at any tyme or tymes hereafter, shall embezzle, wast, consume or destroy, or shall buy, sell, bargain, contract, barter or exchange any manner of goods or commodities, belonging to his or their master or mistresse or any other person or persons whatsoever, to any servant or servants, slave or slaves in this Province, such servants so offen- ding in any manner as aforesaid, shall, after the expiration of their term of servitude, serve so long time to his master or mistresse, or other person or persons whose goods they shall happen to bee, as any three Justices of the Peace (a member of the Grand Counsell being one,) shall judge
*A8 this Act includes white as well as coloured servants, it is inserted in its chronological place here.
OF SOUTH CAROLINA. 23 i
convenient to make satisfaction for the value and loss of such goods and A. D. 1686.
commodities so embezzeled, destroyed, bought or sold as aforesaid. And '"-^''v-'*^-^
it is further enacted, by the authority aforesaid, that if any servant or ■
servants, at any time heieafter, doe or shall strike or beat his, her
or their muster, mistresse or overseer, such servant soe offending, for gtr|j^n"^^,jjpjp - |
every such offence shall, by the Giand Counsell upon due proof thereof, master, &c.
be ordered to serve the tyme of one w^hole yeare, over and above their \
contracted tyme of servitude. And it is also etiacted by the authority !
aforesaid, that if any servant or servants, shall at any tyme or tymes \
hereafter, abscond or withdraw him or thenlselves from his her, or their j,
masters or mistresses, such servant or servants soe offending, shall for absconding.
every day they shall soe absent themselves, serve twenty eight days to
their master or mistresse, over and above the contracted tyme of servitude.
Arid it is enacted by the authority aforesaid, that it shall not be lawful for
any negroe or negroes, or other slave, upon any pretence whatsoever, to j
travel or goe abroad, from his or their master or mistresses house in the '•.
night time, between the sunsetting and the suniising, or in the day time, I
without a note from his or their master or mistresse or overseer. And it I
shall and may be lawful from henceforth, for any person or persons to ■ i
apprehend or take any slave or slaves travelling or being without the ,;
bounds of his or their master's or mistresse's house, plantation or land, '
in the night time, or in the day tyme, without a ticket or note as aforesaid,
and such slave or slaves, reasonably to chastise and correct, and cause to
be sent home to his or their several owners. Provided alwais, that this Limitation of i
Act, and all and singular the matters and things therein contayned, are
not to continue to be in force any longer than three-and-twenty months ■
from the ratifycation of the same.
Read three tymes and. ratified in open Parliament, the \
i^th of February, 1686. ' ":
JAMES COLLETON, '
JOHN GODFREY, i
JOSEPH MORTON, !
PAULL GRIMBALL. i
Att a Parliament hegun and held at Charlestowne, the one and ttcentieih day of February, in the yeare of our Lord God one thousand six hundred eighty and six and in the third yeare of the reigne of our Sovereigne Lord King James the Second, of Efigland, Sfc.
AN ACT FOR RAISING THREE HUNDRED POUNDS, FOR BUILDING GALLEYES Ty. oc
AND FOR PROVIDING STORE OF PROVISIONS FOR THE SAME, FOR THE DEFENCE OF THE COUNTRY.
WHEREAS, our enemy the Spaniard hath, in a hostile manner several tymes made incursion into this his Majestie's Colony, robbing and burning several of the inhabitant's houses, pillaging their stores, murthering and carrying away divers of his Majestie's subjects, all which, or the great part thereof, hath happened for want of a speedy communication of the allarum to the northern inhabitants of this Collony. And because, for the future prevention, noe method or rule for a quicker advice can bee settled or appoynted inland. Bee it enacted, by his Excellency William Earle of Craven, Pallatine, by and with the advice and consent of this present Parliament assembled, and by the authority of the same, that the Grand
24
STATUTES AT LARGE
A. D. 1686.
Beacons to be erected.
Commissioners to be appointed
Beacons to be attended by- two persons.
Counsell have power, and they are hereby impowered, to erect and cause to be erected, if in their wisdom they see it convenient. Beacons, in the most convenient place in sight of one another from Charlestowne, to the south side of the south entrance of Edistoe River, and from thence to the North side of the Westoe River, provided that the Beacons from Edistoe river to the Westoe rivers can bee attended by the Indians, and not otherwise. And the Grand Counsell is hereby impowered to nominate and appoint soe many and such Commissioners as in their wisdom they shall think fitt and needful to direct and order how, where and in what places and att what distances all the beacons aforesaid shall be built and erected. And it is haeby enacted that every one of the said Beacons shall be attended by two persons, one whereof at least to be a freeman, soe long as the Grand Counsell shall thinke fitt, which persons shall followe such orders in attending and putting fire to the same as shall be made and appoynted by the Grand Counsell, which is hereby authorized^ to make the same, and att their discretion when or how shall be given in writing by the Commissioners to be appoynted as aforesaid to the persons which froin tyme to tyme shall attend the same.
And that capable and sufficient persons may not bee wanting to attend Attendants to ^^^ Beacons as aforesaid, It is liercby enacted that the Grand Counsell ofherwfs'e'^ "' have power by a warrant directed to any militia officer to presse such men as they shall think fitt and needful to attend the same, and all persons as well those that are willing as those that are prest as aforesaid are hereby allowed and appoynted to be paid out of the leayy by this Act appoynted to be raised after the rate of fifteen pence per diem.
And it is her clj II further enacted, that if any person appoynted to attend the Beacons as aforesaid shall neglect to follow such rules, methods and orders as shall be given him as aforesaid in attending and firing his respective beacon, or shall before leave given him from the Commission Officer which put him there, absent himselfe fiom his beacon, shall be deemed and is hereby adjudged guilty of felony.
And that the Beacons before appoynted to bee erected and the persons which shall be hired or pressed to attend the same may be made and attended at the equal charge of all persons inhabitting this Collony, It is enacted, that a tax of three hundred pounds sterlir.g shall bee equally assess- ed, imposed and leavyed upon the several inhabitants of this province, which three hundred pounds shall be assessed and leavyed in the same manner, way and method as the five hundred pounds ordained to bee leavyed, assessed and raised by an Act of Parliament entitled An Act to leavy and impresse men, arms, &c., and ratified in open parliament the eighteenth day of October, in the yeare of our Lord one thousand six hundred eighty and six, is enacted and appoynted, which three hundred pounds to be raised as aforesaid shall bee disposed of to noe other use or service but building and attending the beacons aforesaid,buildingof galleyes and laying in stores of provision and ammunition for the same, for the publicque defence and security of this Collony, either by appoynting of guards or otherwise, as to the Grand Counsell shall seeme most serviceable. And that the Beacons and Galleyes aforesaid may be made and done at as easie charge of the inhabitants of this Ccllony as possil)ly may bee. It is enacted, that the fines appoynted to be raised by an Act entitled an Act for the better regulation of the Militia, and ratifyed in open Parliament the eleventh day Five pounds to of April, one thousand six hundred and eighty five, att the discretion of the to the'obSs S^"^^'^"^^ Counsell, not exceeding five pounds, is appropriated and appoynted this Act.^'''^ * ° to be disposed of to the building and attending the Beacons and Galleyes aforesaid and to the publique defence, use and service of this Collony,
procured.
Daily pay 15 pence.
Deserting the Beacon to be felony.
Tax of £300 to be imposed.
3Iode of expending the same.
OF SOUTH CAROLINA. 25
anything in the last before recited Act to the contrary contcyned notwith- A.- D. ifiBG. standing. ■ Pi-ovided alwayes that this Act and all the matters and things therein conteyned doe not continue to be in force any longer than the space of twenty three monthes from the ratifycation of the same. Read titrcc tijmes mid rntifi/cd. ifi open Parliament the 2SthofFchruary, 1686.
JAMES COLLETON, JOHN GODFREY, JOSEPH MORTON, PAULL GRIMBALL.
AN ACT FOR THE CLEAREING THE LOTTES AND STREETES OF CHARLES- No. TOWNE, AND FOR THE SETTLEMENT AND REGULATION OF A NIGHT
WATCH IN THE SAID TOWNE. (See last vohivie.)
Alt a Parliament heguti and held ai Charlcstoiime the one and twentieth day of February, in the yeare of our Lord one thousand six hundred eighty and six and in the third yeare of the reigne of our Sovcreigfie Lord King James the Second over England, 8fc.
AN ACT FOR THE SUPPRESSING AND PUNISHING PRIVATEERS AND PIRATTES No. 37, AND TO DIRECT AND REQUIRE THE SPEEDY OPPOSITION OF THEM OR ANY OTHER ENEMYES THAT SHALL INVADE OR MOLEST THIS PROVINCE,
WHEREAS, nothing can more contribute to the honour of his Most Preamble. Sacred Majeslie and the peace and quiet of this Collony, as that such articles as are agreed and concluded on in all treatyes of peace should bee most inviolably observed and kept in and over all his dominions and terri- toryes, and whereas not only against such treatyes of peace made by his Majestie with his allyes but alsoe contrary to his Majestio's royal proclamation, severall of his subjects have and doe continually goe from other English Collonyes and may hereafter from this Collony into the .service of foreign Princes and sayle under their commissions, contrary to their duty and good allegiance, and by faire meanes cannot be restraynetl fi'om soe doeing.
Bee it therefore enacted by the Pallatine and the rest of the true and absolute Lords and Proprietor^; of this Province by and with the advice of the Nobility and of the Commons in this Parliament assembled, that from and after the publication hereof it shall bee felony for any person which now doth or shall hereafter inhabitt or belong to that part of the province of Carolina that lyes from Cape Feare south and west, to serve No person to in America in any hostile manner under any forraigne prince, state or!^^ 'irP'^^*''^ potentate or any imployed under any of them against any other forraigne against^ prince, state or potentate in amity with his Majestie, without special fo'"™ig"p''s license for soe_ doeing under the hand and scale of 'the Governor or Com-h|g%j!jOg** mander in Chief of this province for the tyme being ; and that all and evex-y such offender or offenders contrary to the true intent and meaning of this Act being thereof duly convicted in the Chief Justices Court or in any of the County Courts within the said part of the province, to which Courts authority is hereby given to hear and determine the same as in other cases of felony, shall suffer ]:)aines of death without benefit of clergy,
VOL. 2.-4.
26
STATUTES AT LARGE
try offenders.
See Smt. 28, H.8.
A. D. 1686. And for the better and more speedy execution of justice upon such who "^-'''"^'''^^ having committed treasons, felonyes, pyracies and other offences upon the sea shall bee apprehended in or brought prisoners to this province, Bee it C7iacted by the authoritye afoiesaid that all treasons, felonyes, piracyes and robberies, murthers or confederacyes committed or that shall hereafter bee committed upon the sea or in any haven, creek or bay where by the lawes of England the Admiralty hath jurisdiction, shall bee inquired, hcai'd, determined and judged within this province in suitable forme, as if such offence had beene committed upon the land ; and to that end and Commissions purpose Commissions shall bee had under the seale of the Pallatinate to bee issued to directed to the Admirall or his Deputy and such other substantiall persons or such Commissioners as by the said Pallatinate Court shall bee appoynt- ed, which said Commissioners or such a Quorum of them as by such Commission shall bee thereunto authorized, shall have full power to doe all things in and about the inquiring, heareing and determining, adjudging and punishing any of the crimes and offences aforesaid as any Commis- sioners to be appoynted under the Greatt Seale of England by \irtue of a Statute made the 28th yeare of the reigne of King Henry the Eighth are impowered to doe and execute within the Kingdome of England : And that the said offenders which are or shall bee apprehended in or brought prisoners to this province shad bee lyable to such orders, pro- cesse, judgements and execution by vertue of such Commission to bee grounded upon this Act as might bee awarded or given against them if they were proceeded against in the realme of England by virtue of any commission grounded upon the said Statute. And all tryalls heretofore had against such criminall or criminalls before any Judge or Judges by vertue of such commission or authority att any tyme heretofore granted, and all proceedings thereupon are hereby ratifyed, confirmed and adjudged lawful, and all such Judges with all and every his inferiour officers that have acted thereby are hereby indemnifyed to all intents and purposes what- soever, and in case they or any of them shall at any time hereafter be sued, vexed, molested or troubled for any such their proceedings as aforesaid, hee or they soe sued, vexed, molested or troubled shall plead the general issue and give this Act in evidence, any law, statute, custom or usage to the contrary in any wise notwithstanding.
And bee it further enacted by the authority aforesaid, that all and every person or persons that shall knowingly entertaine, harbour, trade or hold any correspondence by letters or otherwise with any person or persons that shall bee deemed or adjudged to bee privateeres or pyrattes or other offenders within the construction of this Act and that shall not readily endeavour to the best of his, her or their power to apprehend or cause to bee apprehended such offender or offenders, shall bee lyable to bee pre- sented as accessoryes and confederates and to suffer such paines and pen- altyes as in such case by the lawes of England are provided.
And for the better and more effectual execution of this Act, and for the more speedye opposition of any enemyes or robbers, whether salvages or Persons others, that may invade or molest this province, Hec it further enacted by
suspected to be the authority aforesaid, that all commission officers in their severall pre- appre len e . j.jj,(,tg ■within the said part of the province aforesaid are hereby impowered and required immediately upon his or their knowledge or notice given them that any privateere, pyratte or any other person whatsoever suspect- ed to bee upon any unlawful designe are in any place within their respective precincts, to raise and leavy such number of well armed men as hee or they shall think needfulle for the seizing, apprehending and carrying to goal all and every such persons, and in case of any resistance
Former
proceedings
ratifyed.
Harbouring or concealing.
OF SOUTH CAROLINA. 27
or refusal to yield obedience to liis Majestie's authority it shall bee A.D. 168G. lawful to kill and destroy such person or persons ; and all and every ^-^'v^^^ person or persons that shall oppose or resist by striking or fyfeing upon any commanded partye or partyes shall bee deemed, taken and adjudged as felons, without benefitt of clergy: And every such Officef officer' as shall omit or neglect his duty herein shall forfeite the sume |J®gj^^^'^"f^ of hfty poundes current money of this province for every such offence, forfeit £50 to bee recovered in any of the courts of record within this province currency. by plaint or information wherein noe assoigne, wager of law or pro- tection shall bee allowed, one moyety whereof to bee to the Pallatine and Lords Propiietors and their heires and successors for and towards the support of the government of this province and the contingent charges thereof, and the other moyety to the Informer, And all and every person and persones that upon order or summons given him or them shall refuse or neglect to repaire immediately with his or their armes well fixed and ammunition convenient to such place or places as shall bee appoynted by the said officer or not readily obey his commands in the premises, shall bee lyable to such fyne not exceeding five pounds or such corporal punishment as the Grand Counsel! shall think fitt. Provided alwais, that the said fines of the severall persons soe offending bee imployed to noe other use or end but the publicque defence and security of this Province.
Read three tymes and ratifyed in open Parliament the 28tk February, 1686—7.
JAMES COLLETON, JOHN GODFREY, JOSEPH MORTON, PAULL GRIMBALL.
Att a ParliamCfit begun and held at Charlestowne in the Province of Carolina the ov^ and twentieth day of February, in the year of our Lord one thousand six htmdred eighty and six and in the third yeare of the reigne of our Sovereign Lord King James the Seco7id over England, Sfc,
AN ACT FOR THE TRVALL OF SMALL AND MEANE CAUSES. ^^- ^^'
(See Acts No. 43, 55, 88.>
BY reason of the many assistants, officers, jui-ors and sub officers which doe and must necessarily constitute and attend the Sheriffe's Court and Court of Pleas the fees and charges doe in most actions of debt of smaller value surmount the debt sued for in the aforesaid Courts, whereby the defendant is sometimes utterly disabled, to the plaintift's great damage and the too frequent ruin of the defendant, to pay either the principal debt or the necessary or usual fees belonging to the Court and officers where the aforesaid pleas are and otherwise ought to be heard and tryed ; for the future prevention whereof. Bee it enacted, by his Excellency, William Earle of Craven, Pallatine, by and with the advice and consent of this present Parliament assembled and by the authority of the same. That any ^g^^rgcov^able one or more Justice commissioned to keep the King's peace, shall have before a. Justice power and are hereby impowered by their warrant under their hands and of Peace, seales directed to some one Constable after motion of the plaintiff or plain- tiffs in all complaints and actions of debt under fourty shillings of lawful moneye of England to summon and call and upon refusal to cause to be ap- prehended and brought before him or them any person or persons which have or doe refuse or neglect to pay any creditor or creditors complayuing
2S
STATUTES AT LARGE
A. D. 1696.
Goods taken in execution to be appraised.
Warrants to express the amount and nature of the demand.
Judgement in default.
Fees to be paid.
his or their debt or debts as aforesaid, with all witnesses which are require<I by either plaintiff" or defendant for the better proofe, heareing and opening of the actions aforesaid, and after both plaintiff' with witnesses, if any bee required, before him or them are come, to examine, heare, try, judge and finally determine all complaints and actions of debt as aforesaid before him or them brought, and after determination execution upon the goods and chattells of the defendant to the full vallue of the debt due and the costs and charges hereafter in this Act provided to bee paid, to cause to bee leavyed, and for want of goods and chattels the body of the defendant or defendants to the common gaol to commit, there to remain till he or they shall have paid his or their debts as aforesaid, according to the usual processe now practised in the Couit of Pleas. And it is hcrrhy enacted, that all and every constable or constables shall cause all goods and chat- tels taken in execution by virtue of this Act to bee appiaised by two or more of the neighbouring freeholders and the overplus if any bee to the owner to bee returned. And all constables to whom either original warrant, subpoena or summons for witnesses or execution upon goods and chattels or the body of the defendant or defendants as aforesaid are directed by any one or more of the Justices commissioned to keep the King's peace, are hereby impowered, commanded and required to give due obedience in execution thereof accordm^ to the true intent and meaninof of this Act. And it is Jcerehij enacted, that all original warrants gi anted by vertue of this Act shall have inserted and plainly signified the name or names of the plaintiff" or plaintiffs, the debt deinanded and w'hether by bill, account, assumpsit or otherwayes due, with day of the monthe and as neare as can be judged what houre of the day dated. And it is hereby further enacted that if any person or persons bee summoned by vertue of any original wairant to be granted by this Act shall by the space of three dayes after soe summoned neglect or refuse to appeare before some one or more Justices commissioned to keep the King's peace, the Justice or Justices have power and they are hereby impowered due proof by oath thereof being first made to give judgement against the person or persons refusing to appeare as aforesaid for the full debt demanded with costs and charges and execution to grant as aforesaid ; and if it shall soe hap- pen that the defendant cannot or doth not within six houres after the oi'iginal warrant to bee granted by vertue of this Act is granted, appeare before the Justice by whom it was granted or some other Justice be- fore whom the plaintiff" may have time enough within six houres to be and prosecute his complaint, It is herehy enacted, that then and not otherwise the plaintiff' shall have reasonable tyme allowed him after notice given him of the defendant's appearance and before what Jus- tice to bee and present his complaint, and if the defendant doth not attend where he is by the Justice appoynted till the plaintiff" shall bee judged guilty of neglect for Avant of appearance by the Justice before wliom the matter had otherwise been tryable, execution shall bee granted against him as if hee had neglected or refused to ajipear by the space of three dayes as aforesaid.
And hee it enacted by the authority aforesaid, that every Justice shall bee allowed and paid as is before provided, for every original warrant seven pence halfepenny, for subpoenas seven pence halfepenny, and for every execution one shilling and thi-ee pence. And eveiy Constable for eveiy original execution one shilling three pence, for every subpoena seven pence halfe penny, for every execution seven pence halfe jienny. And if any Justice or Constable shall demand, ask and receive more for any one thing than before by this Act is appoynted
OF SOUTH CAROLINA, 29
liee shall for every penny so raised forfeit tlie suine of five shllings, due ^^^^^:^^
proof by oath being made to some other Justice who is hereby made judge
thereof and is impowered to leavy the same as other costs and charges
before by this Act are hereby ordained to bee leavyed and to disjwse of the
same as hereafter by this Act is provided, viz : one moyety to the person
from whom more than due was so asked and received and the other
moyety to bee delivered to the Treasurer of the pubiicque to bee disposed
of for the pubiicque service and defence of this province. And all Jus- j^g,ij,estoi^epp
tices are hereby required to keep records of all matters and causes which records.
in pursuance of this Act they judge and determine and the same every
next Sheriffe's Court to the Sheriffe to return to be filed in his Office in
the same manner and method as all processes issueable in the said Court
are or usually have been. And the Justices are further required to take
receipts from the Sherifl^ or his Clerke who are hereby commanded to
give such without charge for the records aforesaid. And that^ all^
possible meanes may be used for the more speedy payment of the plaintiff
or plaintiffs after execution obtained against the body of the defendant or
defendants, It is Iterehy enacted that any one or more Justices have power
and they are hereby impowered in all such cases where hee or they shall insolvent to be
judge the defendant not worth the debt recovered as aforesaid, then and "Othired^out to
otherwise and by and with the consent of the defendant or defendants him
or them to hire to labour at soe much per diem as either the plaintifi or any
other indifferent person will allow, until the whole debt with costs by the
produce thereof be paid, which produce the Justice or Justices are hereby
required to cause to bee applied'to noe other use but payment of the debt
aforesaid. Provided alwais, that this Act nor any thing therein contayned Limitation.
to be in force any longer than the space of twenty three months from
the ratifycation of the same.
(No ratification.) (No signatures.)
Att a Parliament hegtm and JieJd at CJiarhstotcne, in the Province of Carolina, the one and twentieth day of February, in the yeare of our Lord one thousand six hundred eighty and six and in the third yeare of the reigne of our Sovereigne Lord King James the Second over England, <Sj-c.
AN ACT FOR ASCERTAINING THE DAMAGE UPON PROTESTED BILLS OF No. 39. EXCHANGE, AJND TO PREVENT THE CARRYING OF MONEY FROM THIS PRO- VINCE. (See Act N^o. 46, also Act of 3rd and Ath of Queen Anne, ch. 9, 1704, and Act of 22d March, 1786, to secure the credit of Bills of Exchange, and the note thereto.)
WHEREAS, it is usual in all partes, to encourage the bringing on and Preamble, keeping Moneyes by all direct courses, and that a secure way of Exchange is the best expedient to prevent the exportation of money from this province :
Bee it enacted by his Excellency, 'William Earle of Craven, Pallaline, and by the rest of the true and absolute Lords and Proprietors of this Province, by and with the consent of the Nobility and Commons in this present Parliament assembled, and it is enacted by the authority of the same, that all manner of persons that have, may, or shall draw any bill or -ji^gnty-five bills of Exchange, on any person in Europe, which bill or bills may or per cent and shall bee returned unpayd and protested by a Notary Publique attested ^^^^J^'^^JJ^^J^^'* by his hand and under the seale of his Office, such person or persons as bills.
30 STATUTES AT LARGE
A. D. 1687. well drawer of the said bill or bills of Exchange as endorser, shall be lyable to the payment of the full sume of money expressed in the said bill or bills, together with all costs usually allowed by merchants, together with twenty five pounds per cent advance, over and above the principal sume and costs as aforesaid, this to be allowed and recovered in all Courts of Law or Justice, held within this Province.
And further hee it enacted by the authority aforesaid, that if any bills of Exchange shall be dra\\'ne or charged on any person or persons in the Isle of Barbadoes or Bermuda, or iii any other place in the West Indies or America, that shall not find a due acceptance, but be returned, protested under the hand of the person or persons deemed to be acting as TJotary Publique, that then such person or'persons, drawers or indorsers of such bills of Exchange, shall bee lyable to pay the pi'incipal. (The rest of this Act is wanting in the original manuscript.)
Att a parliament hegun and lield at Charlestoime the seaventh day of Apr ill in the third ycare of the reigne of our Sovereigne Lord King James the Second and i?i the yeare of our Lord one thousand six hundred eighty and seven.
No. 40. -^N ACT FOR SERVANTS HEREAFTER ARRIVING WITHOUT INDENTURES OR
CONTRACTS.
FOR the avoiding of all fraud or any other difference that may happen between masters and servants, when servants doe airive in this Province without Indentures or other contracts. It is enacted by the authority of this present Parliament assembled, that all persons hereafter arriving in this Province without indentures or contracts, under the age of ten yeares old, (and) shall serve till that they arrive at the age of twenty one yeares old, and under the age of fifteen yeares, and above ten, shall serve the terme of seaven yeares, and others that arrive without indentures or contracts from Europe, above the age of fifteen yeares old, to serve five Limitations of y^^-^'^s; and all persons hereafter arriving in this Province from the Island Bervice of Barbadoes or any other place of America, who were some tyme before
according to inhabittory there without indenture or contract, under the age of fifteen yeares and above ten, shall serve the space and tyme pf seaven yeares, from and after their arrivall hereafter in this Province, to such person or persons as theire master or masters or mistresses, who by the consent or agreement of such person or persons have or shall pay for theire passage. But any servant or servants that shall amve from JBarbadoes or any other place in America, of the age of fifteen yeares and upwards, without indenture or contract, shall serve the space and tyme of five yeares, from and after their arrival in this Province as aforesaid.
And it is further enacted, by the authority aforesaid, that the age or ages of the severall servants that may arrive without indentures or contracts, to bee by theire said masters brought before the Grand Counsell, within six months after the arrivall of such servant or servants as aforesaid, whose severall ages shall bee adjudged by the Grand Counsell, or any other by them appoynted. And all and every such servant or sei-^'ants arriving without indentures or contracts as aforesaid, and serving according to the limitation of this Act, shall and may have and receive fi-om the master or masters of such servant or servants, att
age
OF SOUTH CAROLINA. 31
and upon the expiration of theire terme of service, lymittecl as aforesaid, A. D. 1687.
one suite of Apparel], one barrel of Indian Corne, one Axe and one Hoe. Read three tynies and ratifycd in open Parliament the Wi of April! , 1687.
JAMES COLLETON, JOHN GODFREY, BENJ. BLAKE, JOS. MORTON, WM. DUN LOP, JOHN FARR.
AN ACT YQ-R. THE PREVENTING SEAMEN CONTRACTING OF GREAT BEBTS. No. i\.
WHEREAS, several Seamen coming into the Ports of this Province of Carolina, by their irregular and j^rodigall way of liveing, are apt to contract such debts as by the customes and lawes of this Province, either hold or retard them from theire employments, whereby the Pr^n^ible. ships and vessels in which they come, may either bee made incapable of going out of the said ports for want of sufficient hands to mannage them, or by an unseasonable and long stay bee much damnifyed, to the very great prejudice of the masters and owners of them, as also the very great detriment of future trade to this Province: Bee it enacted by his Excellency William Earle of Craven, Pallatine, and the rest of tk-e true and absolute Lords and Proprietors of the Province of Carolina, and by the Nobility and Commons in the present Parlia- ment assembled, and it is enacted by the authority of the same, that if any Tavern Keeper, Punch Seller, Victualler, Merchant or Retailer or any other person whatsoever, shall give credit to any Mariner, Saylor or Seaman, then actually belonging to any ship or vessel within any of the ports of this part of the Province (commander and master only excepted) for more than five shillings sterling or value thereof, shall lose the whole debt, and hee or she soe crediting any Mariner, Saylor or Seaman, shall have noe benefit of Law for recovery of the same. And all Judges, Justices, Officers and Ministers of Law and Justice whatsoever, which shall grant any processe, or doe any execution, or by any means whatsoever, give any trouble to any Sea- man, Mariner or' Saylor as aforesaid, for any debt to be hereafter contracted exceeding five shillings, whereby cause of delay is given to the ship or vessel hee or they belong to, shall forfeit for every such offence fifty pounds of lawful money of England, to bee paid to the Lords Proprietors Receiver for their use.
Read three tymes and ratifijed in open Parliament the 9^A A2)rill, 1687.
JAMES COLLETON,
BENJ. BLAKE,
JOHN GODFREY,
WILL. DUNLOP,
JOS MORTON,
JOHN FARR.
No. 42.
Preamble.
Masters of vessels to report their arrival before unloading.
To give bond in two thousand pounds penalty.
Bonds to be given by persons who may become owners, &c.
STATUTEH AT LARGE
AN ACT FOR REGULATING THE ENTEYES OF VESSEtS AND GIVING OUT OF
TICKETTS.
WHEREAS, it is very nece.=sary and will much conduce to the peace aiid prosperity of that parte of this Province that lyeth South and West of Cape Feare, that none may have opportunity to fly from Justice, and forasmuch as exact obedience ought to bee given to the laws of navio-ation of the Kingdom of England, of whose dominions this Province is a parte. Bee it enacted by his Excellency, William Earle of Craven, Pallatine, and the rest of the true and absolute Lords Proprietors of this Province of Carolina, by and with the advice and consent of the Nobility and Commons of the same in this present Parliament assembled, and it is hereby enacted and ordained by the authority of the same, that all and every master or masters, commander or commanders, of any ship or ships, vessel or vessels, whatsoever, which shall arrive after the publication of this Act into any Bay, River, Road, Harbour, Port or part of this part of the Province afoi-esaid, shall within eight and forty houres after his or theire arrivall, or as soon as possible may bee, and before hee or they shall sell or unloade any sort of goods (live stocke and passengers excepted) repaire to the Governor for the tyme being, or to any other person whom the Governor, for the tyme being, shall so nominate and appoynt for that end, and shall to him present his or theire passports, cocquets or clearings, and doe all such other things, which by the Law and customes of England is appoynted and usual for the masters of vessels to doe. And it is further enacted by the authority of this present Parliament, that all such masters and commanders as aforesaid shall likewise, within the space of three dayes, or as soone as may be after theire arrivall and before selling and unloading as above expressed, give bonds in the Secretary's Office, with two sufficient sureties, inhabitants of this part of the Province, of the tenor following: Wee, A B, C D, E F, are held and firmly bound, unto the honourable the Governor, in the full and just sume of two thousand pounds of good and lawful money of England, to bee paid to the said Governor or his successor, or to his or theire certain Attorney or Attorneys. To which payment, well and truly to be made, we doe bind us and every of us, our and every heires, executors and administrators, joyntly and severally, firmly by these pre- sents sealed with our seales and dated, &c. The condition of this obligation is such, that if the above bonnden A B doe not *** the ship or depart this Port and Province, without due license first had and obtained from the Governor of this Province, for the tyme being, for soe doing, and doe not at his departui;e from this Port and Province, take on board and carry away, any person or persons whatsoever, inhabitants of this Province, without leave first had and obtained from the said Governor as aforesaid. That then this obligation shall bee voyd, &:c.
And he it further enacted, That all and every builder, owner, master or commander of any vessel of the burthen of eight tons, or above, which shall hereafter bee built within this part of the Province aforesaid, shall within eight and forty houres after the said vessel comes to bee launched, give bonds of the tenor above expressed, which bonds shall bee in force soe long as the said vessel shall belong to the said builder or owner, or till the said vessel shall bee employed in another voyage to another Government, which shall happen first, and then and not otherwise, every bu'^er or owner which shall designe a voyage as aforesaid, shall give in
OF SOUTH CAROLINA. 33
fresh bonds of the tenor above, which new bonds shall discharge all other ■^•^- ^^^'^• former bonds given in behalfe or concerning that ship or vessel. And it ^^'"^^'"^•^ is further enacted, that in case any master or masters, commander or commanders, shall neglect to perform what is required by this Act, hee ^ ,. .. or they shall be deemed and construed not to have entered his, her or neglect, theire vessell or veasells according to law, shall forfeit his vessell over and besides all forfeitiu'es paines and penaltyes, which by the Lawes and Customea of England, either the master, commander or vessell which make not lawful entryes are lyable unto. And it is further enacted,, by the authoi'ity of this present Parliament, that all and every person or persons, inhabitants of this province, or who have resided one and twenty ^"J^ ° ° dayes within the same, who intend to goe off, shall cause to be sett up his or theire names in the Secretary's Office, one and twenty dayes before hee or they depart out of this Province, and shall thereafter obtaine a Tickett out of the said Office, that hee hath soe done, which Tickett shall bee signed by the Goveraoi", for the tyme being ; or in case "?" ^°"^ ^° ''^ it shall happen that any man's necessarye affaires shall call him out of persons this Province within the one and twenty dayes above exprest, then every departing, such person shall give bonde in to said Secretarye's office, with two sufficient suretyes, of the tenor following. We, A B, C D, E F, are held and fii-mly bound unto the honourable the Governor, in the full and just sume of one thousand pounds of good and lawful money of England, to "^
bee paid to the said Governor or his successors, or to his or theire certaine attorney or assignes, to which payment Avell and truly to bee made, we doe binde us and every of us joyntly and severally, firmly by these presents, sealed with our scales and dated, &c. The condition of this obligation is such, that if the above bounden C D, E F, shall and doe well and truly pay all and every such debt or debts, sume or sumes of money, for which the above bound A B shall bee underwriter in the Secretary's Office of this Province, within one and twenty dayes after the date of these presents, and doe allow, discharge and pay all judgements which shall bee recovered by virtue of such underwriting, that then, &c. And further hee it enacted and ordained by this present Parliament, and it is enacted by the authority of the same, that the Secretary of this observed by- Province aforesaid, for the tyme being, by himself or his lawful deputy the Secretary. for whom hee shall bee accountable, shall observe these following rules. First, if any person whose name is sett up and inrolled, and within the one and twenty dayes abovesaid, bee underwriter or ordered to bee underwriter by any person of this province, the Secretary or his deputy above mentioned shall not give any Ticket to the said person soe under- written, unless he shall give bonds of the above tenor last exprest. Secondly, the Secretary shall sett up or inroll such persons name who intend to goe off this Province in a faire and alphabeticall table for that purpose designed, wherein the vessel's name in which they are to goe off, the day of the month shall bee exprest on which each person hath sett up his name, which table shall bee renewed every six months and noe oftener. Thirdly, if it shall fall out that any person hath sett up his name in the Office abovesaid, as intending to goe off and shall not goe off in the vessell intended, such person shall bee deemed and esteemed not to have sett up his naVne ; and the Secretary is hereby required not to give such person any Tickett, unless hee sett up his name againe or find surety as above. Fourthly, the said Secretary is alwayes to have the table or roll of all such persons who goe off hanging in open view in his office, that all persons may freely have access to the same. And it w likeivise enacted, by the authority of this present parliament, that the VOL. IL— 5.
34
STATUTES AT LARGE
A. D. 1687.
Governor to sign the tickets
Wliere half damages only- are recovered.
Application of forfeit bonds.
Limitation.
Governor for the tyme being, bee allowed and hee is hereby required to signe all. such Ticketts as shall bee presented to him by the Secretary as above, unlesse the said Governor shall find that the Secretary hath not observed the above rules. And bee it alwayes Provided, and it is expressly provided and enacted, by this present Parliament and the authority of the same, that w^hosoever shall underwrite any person who hath sett up his or her name to goe off this parte of the Province aforesaid, for what sume soever, shall at the next Court of Pleas, prosecute his action against the person whom hee caused to bee underwritten, and if hee shall fail herein and shall not**** recover the one full halfe of the sume he did underwrite, hee shall bee lyable to be prosecuted by the party who was wnderwritt, for all his damages in being stayed from going. Lastly, it is hereby further Provided and intended, that all bonds before by this Act appoynted to bee given, either by master or commander of any ship or vessel, or any person intending to depart this Government, shall bee by the Governor, for the tyme being, disposed and made use of for noe other end or purpose, but indemnifying such persons as are injured or damaged by the departure and carrying oft' of any person contrary to the intent and meaning of this Act, and accordingly, the Governor, for the tyme being, is hereby required to give every person soe damaged, an attested copye of the sard bonds, with a power of Attorney to the person aforesaid to sue, hee paying the reasonable charges of the said bonds, which power and authority shall bee taken and held in all Courts of Judicature, and before all Judges, Justices and Magistrates for good and lawful, Provided alwayes that this or any thing therein contayned, shall not continue to bee in force any longer than twenty three monthes from the ratification of the same.
Read three tymes and rafifi/ed in open Parliament the 9ih of Aprill, 1687.
JOSEPH MORTON, WM. DUNLOP, JOHN FARR, JAMES COLLETON, BENJ. BLAKE, JOHN GODFREY.
No. 43.
AN ACT FOR THE TRY.VLL OF SMALL AND MEANE CAUSES.
(See Acts No. 38, 55, 88.;
BY reason of the many assistants Officers, Jurors and sidi-Officers,
which doe and must necessarily constitute and attend the Sherifle's Court
and Court of Pleas, the fees and charges doe, in most actions of debt of
lesser value, surmount the debt sued for in the aforesaid Courts, whereby
the Defendant is sometymes utterly disabled, to the Plaintiff's great
damage and the too frequent ruin of the Defendant, to pay either the
principal debt or the necessary' or usual fees belonging to the Court and
Officers, where the aforesaid pleas are and otherwise ought to be heard
and tryed, for the future prevention whereof, Bee it enacted by his
^ , Excellency William Earle of Craven, Pallatine, by and with the advice
408. to be heard S'lid consent of this present Parliament assembled, and by the authority
before Justices of the same, that any one or more Justices of the Peace, shall have power
of the Peace- ^^.^ j j.|j^y ^^.^ i^ergj^y inipowered by iheire warrant under theire hand and
scale directed to some one constable, in all actions of debt under fourty
OF SOUTH CAROLINA. 35
shillings of lawful money of England or valine thei'eof, which actions are A. D. 1687. hereby issuable and tryable only before Justice or Justices as aforesaid '^-^"'v"^^ and in no other court of pleas or judicature whatsoever, to summon and call and upon refusal to bee apprehended and brought before him or them, any person or persons which have or doe refuse or neglect to pay any creditor or creditors complaining of his or their debt or debts as aforesaid, with all witnesses which are required by either plaintiff or defendant for the better proofe, cleareing and opening of the actions aforesaid. And after both partyes with witnesses if aiiy be required before him or them are come, to examine, heare, trye, adjudge and finally determine all complaints and actions of debt as aforesaid, before him or them brought, wtio may issue and after determination, execution upon the goods and chattels of the ^''^<^"'^'*'"- defendant to the full valine of the debt due and the cost and charges here- after in this act provided to be paid, to cause to be leavyed, and for want of goods and chattels, the body of the defendant or defendants to the common goal to commit, untill he or they shall have paid his or theire debts as afore- said, according to the usual process now practised in the court of pleas.
And hec it further enacted that all and every constable or constables, shall cause all goods and chatties taken in execution by virtue of this act to be appraised by two or more of the neighbouring freeholders and the sui'jdIus if any bee, to bee to the owner returned. And all constables to whom either original warrants, subpoena or summons for witnesses or execution upon the goods and chattels or the body of the defendant or defendants as aforesaid ai-e directed by any one or more of the justices of the peace, are hereby impowered and commanded to give due obedience in execution thereof, according to the tnie intent and meaning of this act.
And it is hcrehij enacted, that all original warrants granted by vertue of this act shall have inserted and plainly signified, the name or names of the plaintiff or plaintiffs, the debt demanded and whether by bill, account, as- sumpsit or other wyse due, with day of the monthe and as neare as can bee judged what houre of the day dated. And it is hcrehij further enacted, tliat if any person or persons to bee summoned by vertue of an Jndgpment original warrant to bee granted by this Act, shall by the space of three '*y default, dayes after soe summoned neglect or refuse to appear before some one or more Justice of the Peace, the Justice or Justices have power and they are hereby impowered, due proofe by oath thereof being first made, to give judgement against the person or persons neglecting or refusing to appeai'e as aforesaid for the full debt demanded with costs and charges, and execution to grant as aforesaid. And if it shall soe happen that the defendant cannot or doth not within six houres after the originall wanant to bee granted by vertue of this Act is granted, appeare before the Justice by whom it was granted or some other Justice before whom the plaintiff may have tyme enough within the said six houres to bee- and prosecute his complaint. It is herehy enacted, that then and not otherwise, the plain- tiff shall have reasonable tyme allowed him after notice given him of the Plaintiffto have defendant's appearance and before what Justice to bee and prosecute his p"p[^^j^„'j*^" complaint, and if the defendant doth not attend where hee is by the Jus-appenrs before lice appoynted till the plaintiff shall bee judged guilty of neglect for •want*'""''^*""^"''^''^®- of appearance before whom the matter had otherwise beene tryable, execution shall bee granted against him as if hee had neglected or refused to appeare by the space of three dayes as aforesaid. And hee it further , enacted by the authority aforesaid, that every Justice shall bee allowed and Fees, paid as is before provided for every orio[inall warrant seaven pence halfe- penny, for every subpoena seaven pence halfepenny, and for every execution one shilling and three pence. And every Constable for every originall
36
STATUTES AT LARGE
A. D. 1687,
Penalties appropriated
Proceedings to be filed in the
execution one shilling and three pence, foi- every subposna seaven pence halfepenny, for every execution seaven pence halfepenny. And if any Justice or Constable shall aske, demand or receive more for any one thing than by this Act is appoynted, hee shall for every penny soe received forfeit the sume of five shillings, due proof by oath being theieof first made to some other Justice, who is hereby made judge thei-eof and is impowei'ed to leavy the same as other costs and charges before by this Act are hereby ordained to bee leavyed and to dispose of the same as hereafter is by this Act provided, viz : one moyely to the person from whom more than due was soe assessed and received, and the other moyety to bee delivered to the Treasurer of the publicque to bee disposed of for the publicque service and defence of this province. And all Justices are hereby re- quired to keepe records of all matters and causes which in pursuance of Sheriff's office, this Act they judge and determine, and the same every next Sheriffe's court to the Sheriffe to returne to bee filed in his office, in the same man- ner and method as all processe issueable in the said court are or usually have been. And the Justices are further required to take receipts from the Sheriffe or his clerke, who are hei'eby commanded to give such with- out charge for the records aforesaid. And that all possible meanes may bee used for the more S23eedy payment of the plaintiff or plaintiffs after execution obteyned against the body of the defendant or defendants, It is liereby enacted that any one or more Justices have power and they are hereby impowered in all such cases where hee or they shall judge the defendant not worth the