A.D. 1789. said commissioners shall respectively be allowed and paid out of the moneys arising on the sales of the said public lands, all their reasonable expenses incurred in consequence of the several powers and authorities hereby vested in them. In the Senate House, the thirteenth day of March, in the year of our Lord one thousand seven hundred and eighty-nine, and in the thirteenth year of the Independence of the United States of America. D. DESAUSSURE, President of the Senate. JACOB READ, Speaker of the House of Representatives. No. 1470. AN ACT for building a Bridge across Ashley River. No. 1471. AN ACT FOR NATURALIZING RICHARD WRAINCH, PATRICK BYRNE, EDWARD BUTLER, GEORGE HARDING, ANDREW SMITH, PAUL SMITH, JAMES BURGESS, JOHN FITZPATRICK, JOHN HARTLEY HARRIS, AND JAMES DOWN, AND THEIR DESCENDANTS. Preamble. Citizenship granted to cer. tain persons. WHEREAS, Richard Wrainch, Patrick Byrne, Edward Butler, George Harding, Andrew Smith, Paul Smith, James Burgess, John Fitzpatrick, John Hartley Harris, and James Down, have, by their respective petitions to the Legislature, humbly prayed that they and their descendants respectively may be partakers of all the rights, privileges and immunities which the natural born citizens of the State of South Carolina do enjoy ; I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the said Richard Wrainch, Patrick Byrne, Edward Butler, George Harding, Andrew Smith, Paul Smith, James Burgess, John Fitzpatrick, John Hartley Harris, and James Down, on taking and subscribing the oaths of allegiance and abjuration, before any one of the judges of the court of common pleas of this State, they and their descendants respectively shall be deemed, adjudged, and taken to be natural born citizens of this State, to all intents, constructions, and purposes, as if they had been or were born within the same. Provided always, that none of the above mentioned persons, or either of them, shall be eligible to the office of Governor, Lieutenant Governor, delegate to Congress, Intendant of the city of Charleston, member of the City Council, or to the office of justice of the peace, nor to a seat in the Privy Council, or either branch of the Legislature, for and during the term of four years from and after the passing of this Act, subject, nevertheless, to such -regulations A.D. 1789. within that period as shall be established by the Federal Government. In the Senate House, the thirteenth day of March, in the year of our Lord one thousand seven hundred and eighty-nine, and in the thirteenth year of the Independence of the United States of America. D. DESAUSSURE, President of the Senate. JACOB READ, Speaker of the House of Representatives. AN ORDINANCE FOR FUNDING, AND ULTIMATELY DISCHARGING, THE NO. 1472. FOREIGN DEBT OF THIS STATE. Preamble. to pay the foreign debt. WHEREAS, it is essential to the honor and credit of this State that funds should be forthwith provided for the discharge of the foreign debt; I. Be it therefore ordained, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the following funds shall be, and the same are Sums pledged hereby, solemnly pledged for the payment of the foreign debt; that is to say, the sum of ten thousand pounds out of the moneys to be collected on the first day of the month of April, in the year of our Lord one thousand seven hundred and ninety, by virtue of the tax Act passed at the present session. Also the interest which shall annually grow due on the paper medium. Also the balances which are due, and shall become due, on bonds which were given for confiscated estates, and which are payable in specie. Also, all sums due, or to become due, for amercements, payable in specie. Also, the balances of all the bonds which were given for general duties, and which are payable by instalments. And also all bonds for duties that became due prior to the first day of January, in the year of our Lord one thousand seven hundred and eighty-eight, and that are not installed. groes for a cer II. And be it further ordained, by the authority aforesaid, That a tax of one-fourth of a dollar per head per annum, is hereby imposed on all Tax on nenegroes, mustizoes, and mulattoes, and the assessors and collectors for the tain period. time being are hereby authorized and required to assess and collect the same annually, for the term of ten years, beginning from the month of February, in the year of our Lord one thousand seven hundred and ninetyone, and the moneys to arise therefrom shall be paid into the treasury separate and apart from any money which shall be collected for defraying the annual expenses of Government. And the commissioners of the treasury are hereby required to keep distinct accounts of all moneys which shall be paid to them as aforesaid, and apply the same to the payment of the foreign debt only. tle the ac III. And be it further ordained by the authority aforesaid, That the auditor be, and is hereby, directed and empowered to settle, balance, and Auditor to setcredit the account of each foreign creditor respectively, who, either in counts of foperson or by attorney duly authorized for such purpose, shall signify his reign creditors. acceptance of the provision made by this ordinance, in lieu of a precise fulfilment of the stipulations heretofore entered into with the agent of the State; and that upon the sum total that shall be so found due thereon, interest shall be annually paid as aforesaid. A. D. 1789. IV. And be it further ordained by the authority aforesaid, That the commissioners of the treasury be, and they are hereby, directed to open Commissioners an account in the books of the treasury, and therein enter to the credit of the treasury of the foreign creditors respectively, all such sums of money as shall aprecord of the pear to be due to them, and the sum so entered shall be and remain a sums due to fo- transferable stock, subject to the regulations hereinafter mentioned; that reign creditors. is to say, the commissioners of the treasury having made a fair record, to keep a fair Form of the certificate to be given by the as aforesaid, the sum thus recorded shall be and remain the property of the respective creditors, and shall in no wise be transferred or become the property of any other person whatever, except only by the act of the said creditors respectively, appearing in their proper persons at the treasury, and signing an order for such transfer, or by their special power of attorney authorizing a person to appear in their name and make such transfer on their account, and in such case the sum thus transferred by each or either of the said methods, shall, by virtue thereof, become the sole, free, and full property of the persons in whose name it is so recorded, to all intents and purposes whatsoever. 66 day of -day of V. And be it further ordained by the authority aforesaid, That the commissioners of the treasury shall give to the person or persons to whose credit the said demand shall be entered, a certificate for his said debt or debts, in the words following: Treasury of the State of South Carolina : In pursuance of an Ordinance of the Legislature of South Carolina, passed the -, we do hereby certify and declare, that there is due by commissioners, the State of South Carolina to A B, the sum of -, sterling money of this State, in specie, redeemable in the cities of Paris or Amsterdam, as the case may be, bearing interest, payable at the treasury of this State yearly, at seven per centum per annum, from the day of in the year which debt is duly recorded in the books of the treasury, and transferrable there only according to the rules and terms expressed in the said Ordinance." Interest to be paid before the principal. Manner of Provided, nevertheless, that the said certificate shall in no case be issued until the bonds or indents which have already been given for the said debts respectively shall be delivered up to the commissioners of the treasury, or to some person or persons duly authorized by the Governor or Commanderin-chief for the time being, to receive the same. VI. And be it further ordained by the authority aforesaid, That no part of the capital of the foreign debt be paid out of any moneys hereby appropriated as aforesaid, until a sufficient sum be first applied to the extinguishment of the interest. VII. And be it further ordained, That no dividend for the reimbursement of the capital of the foreign debt shall be made except annually, and subpaying foreign debt. sequent to the yearly discharge of the interest, and such dividend shall be rendered only in exact proportion to the relative amount of the capital owned by each creditor respectivley, so that equal justice may be extended. to all the foreign creditors of this State. In the Senate House, this thirteenth day of March, in the year of our Lord one thousand seven hundred and eighty-nine, and in the thirteenth year of the Independence of the United States of America. D. DESAUSSURE, President of the Senate. JACOB READ, Speaker of the House of Representatives. A. D. 1789. AN ACT CONCERNING ESTRAYS. No. 1473. I. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That it shall and may be lawful for any freeholder, by himself Any freeholder or his agent, to take up any estray which shall be found within his inclosed may take up grounds; and, having so done, shall, within three days, advertise the estrays. same at three or more public places, and shall, within ten days, give information thereof to some justice of the peace for the county, who shall thereupon issue his warrant to.three disinterested persons of the vicinage, and for which he shall receive three shillings, commanding them, having been first duly sworn thereto, well and truly to appraise or ascertain the value of such estray, and to certify such valuation under their hands, together with the particular description of the kind, marks, brand, stature, colour, and age; which certificate shall be sent to the clerk of the county, within ten days, and by such clerk shall be entered in a book to be kept for that purpose; and at the next court to be held thereafter such clerk shall cause a copy of every such certificate to be publicly affixed to the door of his court house, and continue the same on three several courts after he shall have received such certificate; for which services, and a certificate thereof, three shillings and six pence shall be paid by the owner, or, in case of sale, out of the amount of the sales. If the valuation shall be under twenty pounds, and no owner shall appear before the adjournment of the To be apprais. third court held at the court house wherein the description of the said ed and sold. estray hath been published, then the said court, by their order, shall cause the said estray to be publicly sold at auction, on a credit of six months, the purchaser giving bond to the clerk, with security, to be by them approved. Where the valuation shall exceed twenty pounds, after publication as aforesaid the taker up shall send to the printer of the State Gazette a true copy of the certificate of the description and appraisement, together with notice where the said estray is to be found, within one month from the time of such appraisement; and the State printer shall advertise the same three times in the State Gazette, and shall receive five shillings for each estray so advertised; and if no owner shall appear and make title thereto, within six calendar months from the date of the first publication, then such estray shall be sold in manner as above directed. II. And be it further enacted by the authority aforesaid, That where there are no county courts established, the magistrates in the several How justices shall proceed parishes shall be, and they are hereby, empowered and directed, where where there are estrays are taken up, to enter the certificates of valuation, to be obtained as no county above directed, in a book to be kept by them for that purpose, and shall, courts. without discrimination with respect to value, publicly advertise the same at three or more public places in the parish, and also three times in the State Gazette, as above directed, the expense of which advertisement shall, in the first instance, be paid by the taker up of such estray; and if no owner shall appear and make title to such estray, within six calendar months from the date of the first publication in the State Gazette as aforesaid, then such estray shall be publicly sold at auction, on a credit of six months, the purchaser giving bond to the magistrate, with security, to be by him approved of. III. And be it enacted by the authority aforesaid, That if any owner shall appear and prove his or her claim to any estray which may have been VOL. V.-18. Proceedings if owner shall appear. A.D. 1789. sold as above, within twelve calendar months from the date of such sale, he or she shall be entitled and have a right to receive from the court or magistrate, as the case may be, after payment of all the reasonable expenses, the full amount of the monies arising from such sale; but if no owner shall appear and lay claim within the said term of twelve calendar months from the date of the sale as aforesaid, then and in that case the said monies shall, where there are county courts, be applied to the use of the county, and where there are no county courts the money shall be paid by the If no owner ap-magistrate to the commissioners of the public roads, and be applied towards the building or repairs of the public bridges, in such parishes or appropriated. counties where there are bridges, and where there are no bridges to be built or requiring repair, to the use of the public roads within the parish where such estrays shall have been taken up and sold. pears, money how to be How persons taking up es trays shall be compensated. purchase of es trays recoverable without imparlance. IV. And be it further enacted by the authority aforesaid, That as a com· pensation for keeping and maintaining estrays until the time of sale, it shall and may be lawful for the taker up, at his option, either to put them to moderate labour or use, if they should be of a kind capable thereof, or to demand and receive therefor such a reasonable allowance as the court or magistrate shall judge adequate. Provided always, that when any estray shall have been put to labour or use, the taker up shall be obliged to produce it at the time of sale, unavoidable accidents excepted, in as good order and condition as it was in when appraised. V. And be it further enacted by the authority aforesaid, That if any purchaser of any estray shall neglect or refuse to discharge his or her Bonds given for bonds given for the purchase money, at the time it shall become due, the same shall be recoverable, without imparlance or delay, at the first court of the county which shall be held thereafter, where there are county courts established; and where there are no county courts, the magistrate shall, where the sum does not exceed the extent of his jurisdiction, levy for the same by his warrant; but where the sum shall exceed the jurisdiction of the magistrate, it shall be recoverable in the first court of the district which shall be held thereafter, wherein no imparlance shall be allowed. Stone horses large. not to run at Penalty on neglect. Fees. Former Act repealed. VI. And be it further enacted by the authority aforesaid, That if any person shall wilfully suffer any stone horse, above the age of twenty months, to run at large in the woods, it shall be lawful for any person to catch and geld such horse, and shall have a right to recover from the owner thereof ten shillings for so doing; any law to the contrary notwithstanding. VII. And be it further enacted by the authority aforesaid, That if any magistrate or clerk of the county, or person taking up any estray, shall refuse or neglect to perform the duties prescribed by this Act, each and every of them shall forfeit and pay the sum of five pounds, to be recovered and applied to the use of any person who shall inform and sue for the same, and shall moreover be liable in damages to the party aggrieved. VIII. And be it further enacted by the authority aforesaid, That the constable or other person who may be directed or obliged to serve any process issued in pursuance of the directions contained in this Act, shall be entitled to receive the same fees as are by law allowed for the service of process of a similar nature, issued in other cases by the magistrates of this State. IX. And be it further enacted by the authority aforesaid, That the Act passed the twenty-seventh day of March, one thousand seven hundred and eighty-seven, entitled "An Act concerning Estrays," and every clause, |