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Provided nevertheless, that nothing herein contained shall be construed to A. D. 1796. prevent the proprietors of lands on the said creek from erecting mills and building mill dams across the same.

II. And be it enacted, That every person who hath or shall hereafter erect any fish dam, hedge, or any other obstruction, across Thomson's Creek, in Thomson's Chesterfield county, shall, by the first day of February next, provide a Creek. good and sufficient slope, at least six feet wide, for the passage of fish up the said creek; and if such person shall fail or neglect so to do, he or she so failing or neglecting shall forfeit and pay, to any person who shall inform and sue for the same, the sum of five dollars for every day such obstruction shall continue after the time aforesaid.

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

DAVID RAMSAY, President of the Senate.

ROBERT BARNWELL, Speaker of the House of Representatives.

AN ACT to permit Miss Fenwick and the Hon. Robert Barnwell to No. 1638. have certain Negro Slaves brought into this State, which they here

tofore sent into the State of Georgia; and for other purposes. therein mentioned.

(Passed December 19, 1796. See last volume.)

AN ACT TO AFFORD MORE AMPLE SECURITY TO SUCH PART OF THE No. 1639. PROPERTY OF THE GOOD CITIZENS OF THIS STATE AS CONSISTS IN NEAT

CATTLE.

WHEREAS, the practice of stealing cattle has become of late very prevalent in several parts of this State, to the great injury of many good citizens holding stock at range; for remedy whereof, and to enable sufferers in some measure to trace their property, and to bring offenders to justice; and whereas, an Act entitled "An Act to establish certain regulations in Georgetown," passed on the nineteenth day of February, in the year of our Lord one thousand seven hundred and ninety-one, has been found by experience to be conducive to these desirable purposes:

Preamble.

cattle to be produced.

1. 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 commissioners of the markets in Charleston shall be, Hides and ears and they are hereby, vested with full power, and are required to compel of butchered butchers and others to produce to the clerks of the markets in Charleston the hides and ears of all neat cattle, of whatsoever description or age, brought for sale to the said markets; the said ears to be immediately destroyed by the clerk to whom they may be produced, who shall be entitled to demand and receive from all butchers and others bringing the same to

A. D. 1796. market the sum of four cents, as a compensation for his keeping a regular account in a book of all the brands and marks of such cattle and of the names of the parties producing them.

Penalty on neglect.

II. And be it also enacted by the authority aforesaid, That any butcher or other person who shall neglect or refuse to comply with the terms prescribed by this Act, shall forfeit and pay the sum of ten dollars for every such offence, to be recovered in a summary manner, before the court of wardens in the said town, to be applied by them to the use and benefit of the Orphan House in the same.

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

DAVID RAMSAY, President of the Senate.

ROBERT BARNWELL, Speaker of the House of Representatives.

No. 1640. AN ACT to open and keep in repair a Canal to lead from Rogers's Lake into Pedee River.

(Passed December 19, 1796. See last volume.).

No. 1641. AN ACT TO CEDE TO THE UNITED STATES THE JURISDICTION OF A PROPER PLACE, ON NORTH ISLAND, WHEREON A LIGHT HOUSE MAY BE

Preamble.

ERECTED.

WHEREAS, the Congress of the United States, on the twenty-first of February, in the year of our Lord one thousand seven hundred and ninety-four, passed an Act to provide for the erection of a light house for the harbor of Georgetown in this State, and a situation on North Island having been deemed the most eligible for that purpose; and whereas, Paul Trapier, Esq. the proprietor of the said island, hath made a gratuitous conveyance, in fee simple, to the use of the United States, for the above purpose, of seven acres of land, situated on the said island, butting and bounding to the eastward on the sea, to the west and north by lands belonging to Mr. Trapier, and on the south by Winyaw Bay; but whereas, it is necessary that, in addition to the said conveyance, there should be a cession, by the Legislature, of the jurisdiction to the said land:

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 lands, conveyed by the said Paul Trapier Jurisdiction of as aforesaid, together with the jurisdiction of the same, as far as the same land for a light shall be incidental and essential for the erection of a light house, forts, magagranted to the zines, arsenals, dock yards, and other needful buildings, and the appoint

house, &c.

U. States.

ment of officers, and the general regulation of the said light house, forts, magazines, arsenals and dockyards, from and after the passing of this Act shall be, and is hereby, ceded to, vested in, and assured unto the United States,

absolutely and for ever. Provided nevertheless, that the said United States A. D. 1796. shall build and sufficiently support, maintain, and keep in good repair, and rebuild when necessary, the said light house, from time to time and at all times hereafter, and shall also erect or cause to be erected proper leading marks to and for or as appending to the said light house, and cause necessary buoys to be stationed in fit places, for the further and better securing the navigation of the same.

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

DAVID RAMSAY, President of the Senate.

ROBERT BARNWELL, Speaker of the House of Representatives.

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AN ACT TO GRANT TO NATHANIEL TWINING THE EXCLUSIVE PRIVILEDGE No. 1642.
OF RUNNING A LINE OF STAGES TO AND FROM CERTAIN PLACES FOR A
LIMITED TIME.

WHEREAS, Nathaniel Twining has presented a petition to the Legislature, praying that an Act may be passed securing to him the exclusive Preamble. right to run a line of stages from Georgetown in this State, to Charleston, and from thence to Savannah in the State of Georgia, and great convenience and advantage would result to the inhabitants of this State to have such stages established:

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 Nathaniel Twining shall, for the term Exclusive right given to Twiof ten years, have the exclusive right and priviledge of keeping, maintain- ning. ing and running such stages from Georgetown in South Carolina, to Charleston, and from Charleston to the city of Savannah; and that if any person or persons shall within that time, for any hire or reward, make a practice of carrying people in any carriage any where between Georgetown and Charleston, or between Charleston and Savannah river, such person or persons shall forfeit double the amount of any hire or reward so received by him or them, to the said Nathaniel Twining, his executors and administrators, and be liable to a special action for the recovery of the

same.

II. And be it further enacted by the authority aforesaid, That the said Nathaniel Twining, his executors and administrators, shall keep fit, good His duties. and sufficient stage coaches, and good strong able and proper horses, and suitable and capable drivers for the convenience and accommodation of travellers, and shall be obliged to run a stage at least once in every week from Georgetown to Charleston, and from Charleston to Georgetown, and from Charleston to Savannah river, and from Savannah river to Charleston. And in case the said Nathaniel Twining should neglect, or fail to keep, maintain and support such stage coaches, horses, drivers, or neglect to run the said coaches as often as is required by this Act, upon complaint thereof made, and satisfactory proof given to the court of sessions or common pleas, in any district of this State, he, the said Nathaniel Twining, his executors or administrators, shall forfeit all benefit and advantage resulting to him from this Act, and shall also be liable to an action on the case, at the suit of any VOL. V.-36.

A. D. 1796. party aggrieved thereby : Provided nevertheless, that exclusive priviledge of running the aforesaid line of stages, shall not be construed so as to interfere with the establishment of any stages by the government of the United States.

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

DAVID RAMSAY, President of the Senate.

ROBERT BARNWELL, Speaker of the House of Representatives.

No. 1643. AN ACT TO REPEAL SO MUCH OF THE ACT ENTITLED

Preamble.

Clauses repealed.

"An Act to alter and amend the law respecting Juries, and to make some additional regulations to the Acts for establishing the Circuit Courts," PASSED OF DECEMBER, ONE THOUSAND

ON THE TWENTIETH DAY

DRED AND NINETY-ONE, AS RELATES TO SPECIAL JURIES.

SEVEN HUN

WHEREAS, the regulations made by the above mentioned Act for drawing and summoning special jurors in civil actions, have been found by experience to be productive of great delays and inconvenience in the administration of justice: For remedy whereof,

I. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by authority of the same, That so much of the said Act as relates to and regulates the mode of drawing and summoning special jurors in civil actions, comprehended in the first, second, third and fourth sections of the said Act, be, and the same is hereby, repealed, and made null and void.

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

DAVID RAMSAY, President of the Senate.

ROBERT BARNWELL, Speaker of the House of Representatives.

No. 1644. AN ACT TO PREVENT DEBTORS FROM

PURCHASING REPEATEDLY THEIR

OWN PROPERTY AT SHERIFF'S SALES, TO THE DELAY OF THEIR CREDI-
TORS; AND FOR THE BETTER REGULATION
SALES AT PUBLIC AUCTION.

OF SHERIFF'S AND OTHER

I. Be it enacted by the honorable the Senate and House of RepresentaPurchasers to tives, now met and sitting in General Assembly, and by the authority of the same, That at all sheriff's sales made in any county or district of this State, after the first day of April next, every purchaser shall, if the plaintiff desires and directs the same, immediately after any article of property

pay ten per cent. on their purchases.

shall be knocked off to him, pay into the hands of the sheriff making the A.D. 1796. sale, a sum which shall at least be equal to ten per cent upon the amount of his purchase, towards the payment thereof; and if he should fail or neglect to make such payment, the sheriff shall immediately set up the same property for public sale, upon the spot; and shall not, upon such re-sale, or any other sale of the same property, under the same execution, or upon the same account afterwards to be made, receive the bid of the first purchaser or his agent: Provided that such plaintiff give notice, in writing, to the sheriff, of his requiring the same, in time to enable him to insert such his intention in one at least of his public notices of such sale.

the first pur

II. And be it further enacted by the authority aforesaid, That if any purchaser, after paying the percentage aforesaid, shall fail or neglect to The deposit to comply with the terms of the sale, all the money so paid shall be forfeited be forfeited, and to the plaintiff in the execution under which such sale was made; and chaser's bid reshall, if the sale by any sheriff or constable, be applied first to pay the fused at a recosts and charges accrued, or due upon the suit and sale; and the surplus, if any, shall be applied towards paying the debt. And the sheriff or constable making the sale, shall not, at any re-sale of the same property, under the same execution, or upon the same account, receive or take notice or any bid made by the first or any other former purchaser.

sale.

sales not to be

III. And be it further enacted by the authority aforesaid, That if any person shall, at any re-sale made by any sheriff or constable, on account of Bidders on rethe first or any former purchaser having failed or neglected to pay the per- considered as centage aforesaid, or to comply with the terms and conditions of the sale, agents. whether the same was made for cash or credit, such person shall himself be bound by his purchase, and shall comply with this Act, and the terms and conditions of such re-sale, and shall not be allowed to say, set up or pretend that he bought the same as agent for the first or any former purchaser: Provided always, that it shall be publicly proclaimed by the crier at such sale, that the same was to be made on account of the first or some former purchaser, and that the conditions and terms of the sale shall, in like manner, be proclaimed by him immediately before the property is set up.

Deposit to be

made.

IV. And be it further enacted by the authority aforesaid, That if after the percentage aforesaid shall have been paid, any thing on the part of the seller or his agent should prevent proper titles from being made for the pro- returned, if tiperty sold, within a reasonable time, or otherwise obstruct the completion of tles are not the sale, the said percentage shall be returned and restored to the purchaser, and by him may be recovered by action on the case, together with interest thereon, if such return or restoration should be neglected or refused to be made, after being demanded; and the sheriff and his securities shall be liable for such percentage and the interest thereon.

V. Whereas, serious mischiefs have arisen from the mode practised by sheriffs in omitting to insert in their advertisements of property the name or names of the several person or persons to whom the same belongs, and also the name or names of the persons at whose suit the same is sold for remedy thereof, Be it enacted by the authority aforesaid, That from and after the passing of this Act, the several sheriffs of this State shall be obliged, and are hereby required, in all future advertisements of property to be sold by them at sheriff's sales, to insert in their advertisements thereof, for the general information of the public, as well the name or names of the debtors or persons to whom the same belongs, as also the name or names of the persons or creditors at whose instance or suit the same is intended to be sold; and that any sheriff neglecting so to do shall be, and is hereby declared to be, subject to a penalty of fifty pounds sterling, and all damages, to be recovered by any person or persons who may be injured by such omission, by action in any court of law in this Ste.

Sheriffs to advertise.

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