The Statutes at Large of South Carolina: Acts, 1787-1814

A. D. 1792. and the particulars and articles of the real and personal estate intended to be conveyed and passed by such marriage contracts, deeds and settlements; which said schedule shall be thereto annexed, and signed, executed and delivered by the parties therein interested, at the time of the signing, executing and delivering the said marriage contracts, deeds, and settlements, and be subscribed by the same witnesses who subscribed the said marriage contracts, deeds or settlements, and shall be recorded therewith; otherwise, and in default of such schedule and recording thereof as aforesaid, the said marriage contracts, deeds and settlements shall be, and are hereby deemed and declared to be, fraudulent, and null and void, with respect to and against creditors and bona fide purchasers or mortgagees. Provided, that where any marriage settlement shall be made previous to marriage, nothing herein contained shall be construed to extend to make the property settled thereby liable, in default of a schedule, or not being duly recorded, to the payment of any debts contracted by any husband previous to such marriage, but only to such debts and contracts as shall have been incurred and made by the said husband subsequent to the marriage taking place.

Proviso.

In the Senate House, the twenty-first day of December, in the year of our Lord one thousand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States of America.

DAVID RAMSAY, President of the Senate.

JACOB READ, Speaker of the House of Representatives.

No. 1543.

AN ACT to alter and amend the several Acts for establishing and regulating the Circuit Courts throughout this State.

(Passed December 21, 1792. See last volume.)

No. 1544. AN ACT to prohibit the importation of Slaves from Africa, or other places beyond Sea, into this State, for two years; and also to prohibit the importation or bringing in Slaves or Negroes, Mulattoes, Indians, Moors or Mustizoes, bound for a term of years, from any of the United States, by land or by water.

No. 1545. AN ACT to grant a further time to the owners of Wharves in Charleston, and other persons having wooden buildings thereon, used as stores only, to pull the same down.

(Passed December 21, 1792. See last volume.)

A. D.1792.

AN ACT TO REPEAL A PART OF THE ACT PASSED FEBRUARY 19, A. D. No. 1546. 1791, ENTITLED "An Act for gradually calling in and sinking the Paper Medium, issued by virtue of an Act to establish a Medium of Circulation by way of Loan, and to secure its credit and utility; PASSED OCTOBER 12, A. D. 1785; AND FOR OTHER PURPOSES THEREIN MENTIONED.

WHEREAS, by reason of the extraordinary drouth which prevailed during the last summer throughout this State, many of the inhabitants there- Preamble. of have lost, some a part and others nearly the whole of their crops, whereby they will be deprived of the means of paying such part of the principal of the paper medium by them borrowed, as will become due on the first Wednesday in March next:

um.

1. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the au- Further time thority of the same, That so much of the Act passed the 19th day of Februa- allowed to pay ry, in the year one thousand seven hundred and ninety-one, entitled "An the paper mediAct for gradually calling in and sinking the paper medium issued by virtue of an Act entitled An Act to establish a medium of circulation by way of loan, and to secure its credit and utility," passed the 12th October, 1785, as requires one fifth part of the principal sum borrowed of the said paper medium, to be paid by the borrowers on the first Wednesday in March next, which will be in the year one thousand seven hundred and ninetythree, shall be, and the same is hereby, repealed; and that such fifth part shall be payable at the time when the last payment shall become due under the said Act: Provided, that no borrower of the paper medium who failed to make the payment which was required to be made on the second Wednesday in May, one thousand seven hundred and ninety-one, or who failed to make the payment which was required to be made on the first Wednesday in March, one thousand seven hundred and ninety-two, shall be entitled to the benefit of this Act; unless such borrower shall, on or before the first Wednesday in March next, which will be in the year of our Lord one thousand seven hundred and ninety-three, pay up whatever may be due by such borrower on account of either of the instalments of the principal before mentioned, and the whole of the interest that will become due on the first Wednesday in March, in the year one thousand seven hundred and nine-three, together with all costs and charges which may have accrued in consequence of such borrower's default; but nothing in this proviso contained shall abate or otherwise affect any suit brought or judgment obtained against any person or persons who failed to make payment agreeably to the directions of the said Act, passed on the nineteenth day of February, in the year one thousand seven hundred and ninety-one, or any sale made under or by virtue of the said Act.

II. And be it further enacted by the authority aforesaid, That in every case where the treasurer in Charleston has by virtue of the said Act, or Sales to be enwhere the commissioners of the loan office have sold the land mortgaged forced. for any of the said paper medium, and the purchaser thereof has failed to comply with the terms of sale, the said treasurer shall proceed against such person or persons hereafter purchasing such lands in the same summary manner as is directed by the Ordinance for regulating public vendues, when purchasers fail to comply with the terms of sale.

III. And be it further enacted by the authority aforesaid, That the treasurer in Charleston shall, on the Wednesday four weeks after the first

Lands mortgaged to the

sold.

A.D. 1792. Wednesday in March next, expose to public sale to the highest bidder, all such lands as he or the late commissioners of the loan office may have bought in, on account of the State, at any sale made in consequence of any default made by any borrower of the paper medium, on a credit of one, two, three and four years; taking from the purchaser thereof a mortgage State to be of the premises sold, and a bond with approved personal security, bearing interest from the date: Provided, that the said treasurer shall advertise such intended sales in the Gazettes of Charleston and Columbia, for three weeks previous to the time of sale: And provided further, that if the persons who are the borrowers of the paper medium shall pay, on or before the Wednesday four weeks after the first Wednesday in March next, the arrears of interest and principal by them then due, and give such additional security as shall be required by the commissioners of the treasury, then the said lands sold as aforesaid shall be restored, but subject to the original mortgage, in trust for the public; and the former proprietors, or their legal representatives, shall be entitled to the same benefits they would have been entitled to if no default had been made.

IV. And be it further enacted by the authority aforesaid, That whenever the said treasurer shall, at any future sale of any land mortgaged for the said paper medium, buy in, on account of the State, any such land, he shall within two months from the time of buying in any such land, as aforesaid, proceed to have the same sold in the same manner and on the same terms as are mentioned in the next preceding clause.

In the Senate House, this twenty-first day of December, in the year of our Lord one thousand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States of America.

DAVID RAMSAY, President of the Senate.

JACOB READ, Speaker of the House of Representatives.

No. 1547. AN ACT relating to the recovery of Arrears and other Debts, Dues and Demands, owing to Bodies Corporate by their Members.

(Passed December 21, 1792. See last volume.)

No. 1548. AN ACT TO EXTEND THE TIME FOR TAKING OUT OF THE SECRETARY'S OFFICE SUCH GRANTS OF LAND AS NOW LIE IN THE SAID OFFICE.

Preamble.

WHEREAS, by a clause of the Act entitled "An Act for establishing the mode of granting the lands now vacant in this State, and for allowing a commutation to be received for some lands that have been granted," passed on the nineteenth day of February, in the year of our Lord one thousand seven hundred aud ninety-one, it is enacted that all grants of land in the secretary's office, and which should not be taken out within twelve months from the passing of that Act, should be then sold to the highest bidder, by the commissioners of the treasury; and such lands have not yet been sold, and it is thought expedient to extend the time of sale still longer;

I. Be it therefore enacted, by the honorable the Senate and House of

Further time allowed.

Representatives, now met and sitting in General Assembly, and by the A.D. 1792. authority of the same, That the sale of the said lands shall be postponed for twelve months, and no longer; and that if any person shall, within that time, pay up the money due for the land, agreeably to the Act for establishing the mode for granting lands now vacant in the State, and for allowing a commutation to be received for some lands that have been granted, together with the fees due on his grant, and the expenses incurred thereon, he shall be entitled to the said grant and the land thereby granted him; any thing in the said clause of the said Act to tho contrary thereof in any wise notwithstanding.

DAVID RAMSAY, President of the Senate.

JACOB READ, Speaker of the House of Representatives.

AN ACT TO AUTHORIZE THE COUNTY COURTS AND COMMISSIONERS OF No. 1549. THE ROADS TO GRANT LICENCES FOR KEEPING BILLIARD TABLES.

Billiard tables

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 where county courts are or shall be established, all applications for billiard licences shall be made to the county courts, and where to be licenced. no county courts are established, to the commissioners of the public roads, who shall respectively have the power of granting the same; which licences so granted shall only be of force for one year; and the price for billiard licences (except in Georgetown, the city of Charleston, and the town of Camden) shall be twenty pounds; and the monies so received shall be applied by the persons granting the same as the monies arising from tavern licences have been heretofore applied; and the clerk who makes out the licence as aforesaid shall be allowed for his trouble four shillings and eight pence.

unlicenced.

II. Be it further enacted by the authority aforesaid, That if any person or persons not duly licenced agreeably to law shall, at any time hereafter, Penalty on presume to keep a billiard table, he, she or they shall forfeit the sum of keeping them fifty pounds sterling money, to be recovered by bill, plaint or information, in any court of record within this State, by any person who shall inform or sue for the same, one half thereof to be paid to the said informer, and the other half to be applied in the same manner as the money arising from licences granted as aforesaid was intended to be applied by this Act.

DAVID RAMSAY, President of the Senate.

JACOB READ, Speaker of the House of Representatives.

A. D. 1792.

No. 1550.

Preamble.

tion on lands.

AN ACT FOR RAISING SUPPLIES FOR THE YEAR OF OUR LORD ONE

THOUSAND SEVEN HUNDRED AND NINETY-TWO,

WHEREAS, we, the representatives of the free and independent State of South Carolina, in General Assembly met, have thought it expedient and necessary that a tax, for the sums and in manner herein mentioned, should be assessed, raised, and paid into the public treasury of this State, for the use and service thereof:

I. Be it therefore enacted, by the honorable the Senate and the honorable the House of Representatives, now met and sitting in General Assembly, Rate of taxa- and by the authority of the same, That the sum of ten shillings per centum ad valorem on every hundred pounds, to be paid in specie or paper medium, shall be, and is hereby, imposed on all lands granted within this State, and in the manner and under the several regulations hereinafter set forth and expressed, that is to say: No. 1. All tide swamp not generally affected by the salts or freshes, of the first quality, shall be rated at six pounds per acre; of the second quality, four pounds per acre; of the third quality, two pounds per acre; all pine barren lands adjoining such swamps, or contiguous thereto with respect to the benefit of water carriage, at ten shillings per acre; all prime inland swamp, cultivated and uncultivated, at an average of three pounds per acre; second quality, ditto, two pounds per acre; third quality, ditto, one pound per acre; pine barren lands, adjoining or contiguous thereto, at five shillings per acre; salt marsh or inland swamp, clearly proved to the assessors to be incapable of immediate cultivation, five shillings per acre. 2. High river swamp or low grounds, cultivated and uncultivated, including such as are commonly called second low grounds, lying above the flowing of the tides, and as high up the country as Snow Hill, on Savannah river, the fork of Broad and Saluda rivers, on the Congaree, Graves's Ford on the Wateree, and the boundary line on Pedee; the first quality at three pounds per acre; the second quality at two pounds per acre; the third quality one pound per acre; except such as lie so low as to be clearly proved to the assessors to be incapable of immediate cultivation, which shall be assessed at five shillings per acre. 3. All high river swamp, or low grounds, lying above Snow Hill, the fork of Broad and Saluda rivers, Graves's Ford, and the old Indian boundary line, fifteen shillings per acre. 4. All high lands without the limits of St. Philip's and St. Michael's parishes, on John's island, James island, and on the main, within twenty miles of Charleston, at one pound per acre. 5. All lands on the Sea islands, Slann's island included, or lying on or contiguous to the seashore, usually cultivated, or capable of cultivation, in corn or indigo, and not within the limits prescribed in class number four, one pound per acre. 6. All oak and hickory high lands lying below. Snow Hill, the fork of Broad and Saluda rivers, Graves's Ford, or the boundary line on Pedee, and not included in the limits or description of the two preceding classes, numbers four and five, at fifteen shillings per acre. 7. All pine barren lands not included in classes number one, four, and five, to be assessed at one shilling per acre. 8. All oak and hickory high lands lying above Snow Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first quality, eight shillings per acre; the second quality, five shillings per acre; the third quality, two shillings per acre. 9. All oak and hickory high lands above the old Indian boundary line, the first quality, six shillings per acre; the second quality, three shillings per acre;

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