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McPherson, Anthony Toomer, Nathaniel Russel, Daniel Cannon, and A. 1). 1794. William Johnson, Esquires, be appointed commissioners to ascertain what compensation will be sufficient to indemnify the said James Shoolbred and Commissioners Mary his wife, for the injury aforesaid. And that when the same shall be appointed. ascertained by the commissioners, or a majority of them, it shall be raised

by an assessment to be made on the taxable property in the city of Charleston.

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

DAVID RAMSAY, President of the Senate.

JACOB READ, Speaker of the House of Representatives.

AN ADDITIONAL ACT to an Act entitled "An Act for incorpora- No. 1591. ting the Society of Free and Accepted Masons in this State," passed the twentieth day of December, in the year of our Lord one thousand seven hundred and ninety-one.

(Passed December 17, 1794. See last volume.)

AN ACT TO MAKE SUCH PROVISION FOR THE DEBT OF THE STATE OF No. 1592. SOUTH CAROLINA, AS IS SPECIFIED THEREIN.

WHEREAS, on a settlement of accounts between the United States and the individual States, the State of South Carolina is a creditor to the amount of one million four hundred and forty-seven thousand, one hundred and seventy-three dollars and sixty cents; and whereas, Congress have made ample provision for paying the interest on the aforesaid balance, and it is just and reasonable that the same should be appropriated to pay the interest on the debt of the State to the creditors thereof, as far as the same will extend.

Preamble.

Interest appro

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 interest to grow due upon the balance of priated. the funded debt due to the State of South Carolina, from the Congress of the United States, be, and the same is hereby, appropriated and sacredly set apart as a fund to make good the several engagements that shall be entered into in pursuance of this Act.

loan.

II. And whereas, it is necessary to make arrangements for the equal distribution of the interest arising as aforesaid, among the creditors of the Books to be State; Be it further enacted by the authority aforesaid, That a loan be pro- opened for a posed to the amount of one million four hundred and forty-seven thousand, one hundred and seventy-three dollars; and that books for receiving subscriptions to the said loan be opened at Charleston, on the first day of February next, by a commissioner to be appointed for that purpose, to continue open until the last day of September following, inclusively and

:

A.D. 1794. that the sums which shall be subscribed thereto, be payable in certificates issued for the said debt, computing the interest upon such as bear interest to the first day of January, one thousand seven hundred and ninety-six.

received.

III. And be it further enacted by the authority aforesaid, That the sums which shall be subscribed to the said loan, shall be payable in the Indents, certifi- principal and interest of such certificates as were issued by William Gibbs cates, &c. to be and Edward Blake, late commissioners of loans, reduced to their specie value, according to the laws of this State; in such certificates as were given by the continental loan office, as a surplus upon the subscriptions to the loan of four millions of dollars opened in this State under the law of the United States, distinguishing between the principal and interest which may have been due on the same at the time of the subscription, the principal of which shall be considered as drawing an interest of seven per cent per annum, from the first day of January, in the year of our Lord one thousand seven hundred and ninety-two; in the receipts given by the respective treasurers, for special indents registered in the offices agreeable to the resolves of the Legislature directing the same, which shall be funded in no other manner than as a claim of interest against the State; and in all the other general indents which have been issued under the authority of the State, with the interest which may have arisen thereon. Provided nevertheless, that nothing herein contained shall be construed to authorize the commissioner to be appointed under this Act, to receive and fund indents issued to the late Alexander Gillon, Esq. And provided also, that nothing herein contained shall be construed to authorize the said commissioner to receive and fund general indents issued to persons whose estates were confiscated and afterwards restored, except at a rate of one for five.

IV. And be it further enacted by the authority aforesaid, That if the total amount of the sums which shall be subscribed to the said loan In case of over within the time limited for receiving subscriptions thereto, shall exceed the subscription. sum of one million, four hundred and forty-seven thousand, one hundred and seventy-three dollars, the certificates and credits granted to the respective subscribers shall bear such proportion to the sums by them respectively subscribed, as the total amount of the said sum shall bear to one million four hundred and forty-seven thousand, one hundred and seventy-three dollars; and the amount of the overplus, distinguishing between the principal and interest, together with the name of the subscriber, shall be entered in books to be kept by the commissioner for that purpose, who shall give an indent to each subscriber, stating the amount of the overplus both in principal and interest. And every subscriber to the said loan shall at the time of subscribing deposit with the commissioner the certificate, or indent, to be loaned by him. Provided, in every instance, that the said commissioner shall compare every indent offered for loan with the check books, and shall not issue other certificates for the same, unless the amount of the sums and the names of the parties agree with those written in the margin of the said check book, and shall also indorse on the back of each indent or certificate which shall be admitted to be loaned, that he has examined the same, and finding it right, hath cancelled it; which cancelled indents the said commissioner shall then file.

State stock to be issued.

V. And be it further enacted by the authority aforesaid, That the credit of the subscriber or subscribers, being ascertained as aforesaid, that for any sum subscribed to the said loan, which shall be paid in the principal of the debt of the State, the subscriber or subscribers shall be entitled to one or more certificates, at the option of the subscriber, purporting that the State of South Carolina owes to the holder or holders thereof, his, her or their assigns, a sum, to be expressed therein, equal to two-thirds of the sum so

paid, bearing an interest of six per cent per annum, payable quarter-yearly; and to another certificate or certificates, purporting that the State of South Carolina owes to the holder or holders thereof, his, her or their assigns, a sum, to be expressed therein, equal to the proportion of thirty-three dollars and one-third of a dollar upon a hundred of the sum so paid; which, after the year one thousand eight hundred and six, shall bear an interest of six per centum per annum, payable quarter-yearly; and the said debts shall be subject to redemption at the will of the State.

VI. And be it further enacted by the authority aforesaid, That the credit of the subscriber or subscribers being ascertained as aforesaid, that for any sum subscribed to the said loan, which shall be paid in the interest of the debt of the State, the subscriber or subscribers shall be entitled to a certificate or certificates, purporting that the State of South Carolina owes to the holder or holders thereof, his, her or their assigns, a sum to be specified therein, equal to that by him, her or them so paid, bearing an interest of three per centum per annum, payable quarter-yearly, and subject to redemption at the will of the State.

A.D. 1794.

Interest, how to

VII. And be it further enacted by the authority aforesaid, That the interest upon the stock created pursuant to this Act, as the same shall become due, shall be payable at the office of the commissioner of the treasu- be paid." ry in Charleston, quarter-yearly; that is to say, one-fourth part thereof, on the last day of March; one other fourth part thereof, on the last day of June; one other fourth part thereof, on the last day of September; and the remaining fourth part thereof, on the last day of December; the first payment to become due on the last day of March, which shall be in the year one thousand seven hundred and ninety-six; and the said stock shall be transferable only on the books of the said commissioner, by the proprietor or proprietors of the said stock, his, her or their attornies.

VIII. And be it further enacted by the authority aforesaid, That the interest which shall arise on the balance funded to the credit of this State by the United States, in the year one thousand seven hundred and ninety-five, shall be paid over by the treasurer in Charleston, as it shall be received, to the foreign creditors of this State, in average and proportion to each, if they or their agents make demand of the same, within ten days before the quarter yearly payments of the said interest become due, otherwise in average and proportion amongst such as shall make claim as aforesaid; and if only one should make such claim, then in extinguishment, as far as the said interest will go, of the debt of such claimant : Provided in every case, that the foreign creditors or their agents shall agree to give receipts for the payments made according to the actual amount of the payment here.

IX. And be it further enacted by the authority aforesaid, That whoever Punishment for shall counterfeit, or utter, knowing the same to be counterfeited, any of the counterfeiting. receipts or certificates to be issued in pursuance of this Act, shall, on con

viction thereof, suffer death, without benefit of clergy.

X. And be it further enacted by the authority aforesaid, That the Act entitled "An Act to provide for the final settlement of the accounts of the Former Act reformer commissioners of the treasury and other public departments, and pealed. all other persons having accounts with the State," so far as it relates and may relate to all Acts, accounts and transactions, matters and things, not yet completed and perfected, and so far as to continue in full force and effect all bills, actions and suits, and the proceedings thereon moved, commenced and instituted by the commissioners who were appointed under the said Act, and not yet ended, and also in so far as to continue in office for and during the term of one year, from the first day of January next, John Lewis Gervais, one of the commissioners under the said Act, shall be, VOL. V.-31.

A.D. 1794. and the same is hereby, continued until the first day of January, in the year one thousand seven hundred and ninety-six. Provided also, that the said John Lewis Gervais, in addition to the duties required of him by the above mentioned Act, do open and keep open the books for receiving subscriptions for the loan instituted by this Act, and receive the subscriptions until the last day of September next, and to perform all other duties required by this Act.

XI. Be it further enacted by the authority aforesaid, That John Lewis Gervais is hereby directed in all cases, where his duty is not plainly or expressly pointed out by this Act, to follow, as near as may be, what has been done by the officers of the United States, in carrying into effect the arrangements made by Congress for funding their debts and paying the interest on the same.

In the Senate House, the twentieth day of December, in the year of our Lord one thousand seven hundred and ninety-four, and in the nineteenth year of the Independence of the United States of America.

DAVID RAMSAY, President of the Senate.

JACOB READ, Speaker of the House of Representatives.

No. 1593.

Preamble.

lic officers.

AN ACT FOR ESTABLISHING THE SALARY OF THE GOVERNOR OF THIS
STATE, AND THE SALARIES OF OTHER PUBLIC OFFICERS; AND FOR

OTHER PURPOSES THEREIN MENTIONED.

WHEREAS, it is expedient and necessary that a principle of economy should be observed in the management of the finances of this govern

ment;

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 the Governor of this State, who shall hereafter be elected, Salaries of pub- shall be entitled to receive the sum of six hundred pounds per annum, as a compensation for his services; that the Chief Justice, hereafter to be elected or appointed, shall receive the sum of six hundred pounds per annum for his services; that the Associate Justices, hereafter to be elected or appointed, shall, each, receive the sum of five hundred pounds per annum for their services; the Attorney General, hereafter to be elected or appointed, shall receive for his services the sum of two hundred pounds per annum; that the Circuit Court Solicitors shall hereafter receive, in addition to their present salary of one hundred pounds per annum, the sum of a dollar and a half per diem, during their attendance on the Legislature; that the Commissioner of the Treasury, hereafter to be elected, who shall reside in Charleston, shall receive the sum of four hundred pounds per annum; that the Commissioner of the Treasury, hereafter to be elected, who shall reside in Columbia, shall receive the sum of three hundred pounds per annum; that the Clerk of the Senate and the Clerk of the House of Representatives, shall, each, receive the sum of two hundred. and eighty-seven pounds per annum; that the messengers to each House shall each receive the sum of fifty pounds per annum; and the door keepers, each, thesum of fifty pounds per annum; that the house keeper of the State House shall receive the sum of twenty pounds per annum.

II. And be it further enacted, by the authority aforesaid, That all former laws for establishing the salaries of the public officers of this State, so far as the same may be repugnant to this Act, shall be, and the same are hereby, repealed.

In the Senate House, this seventeenth day of December, in the year of our Lord one thou sand seven hundred and ninety-four, and in the nineteenth year of the Independence of the United States of America.

DAVID RAMSAY, President of the Senate.

JACOB READ, Speaker of the House of Representatives.

AN ACT FOR THE REMOVAL AND SAFE KEEPING OF THE RECORDS OF No. 1594. THE CLERK'S OFFICE OF THE CIRCUIT COURTS OF CHERAW DISTRICT;

AND FOR OTHER PURPOSES THEREIN MENTIONED.

WHEREAS, it appears expedient and necessary to provide for the preservation and safe keeping of the records belonging to the Office of the Preamble. Clerk of the Circuit Courts of Cheraw District, while the Court House is repairing;

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1. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Clerk's office, authority of the same, That immediately from and after the passing of this where to be Act, it shall and may be lawful to and for the Clerk of the Circuit Courts kept. in and for the district of Cheraw, to keep his office of Clerk of the said Courts, until the Court House shall be repaired, at such place, not exceeding two miles from the town of Greenville, as the commissioners hereinaf ter named shall from time to time think fit and direct, and to remove to and keep at the place so to be appointed by the said commissioners aforesaid, and he is hereby directed and required so to do, all and singular the records to the said office of the Clerk of the said Courts belonging or in anywise appertaining; any law, usage or custom, to the contrary in anywise notwithstanding.

II. And be it further enacted by the authority aforesaid, until the Court House shall be repaired, that the posting of any rule to plead in any cause depending in the Circuit Court of Common Pleas of the said District, on the front door of the house wherein the office of Clerk of the said Court shall, in pursuance of this Act, be kept, shall be deemed, taken and adjudged to be a legal service of such rule, to all intents and purposes whatsoever, in all cases where the posting of a rule on the door of the Court House hath heretofore been deemed a legal service.

III. And be it further eracted by the authority aforesaid, That Alexan

Service by

posting.

der McIntosh, Tristram Thomas and William Falconer, be, and they are Commissioners hereby appointed, commissioners, and authorized and required to contract appointed. for and procure without delay, in pursuance of this Act, a convenient room, giving notice of their having so done under their or a majority of their hands and seals to the Clerk of the said Courts, to be the office of such Clerk, proper for the reception and safe keeping of the records aforesaid; and that the Legislature will provide for the expense thereof.

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