A. D. 1787.

Commissioners of indents

sing to act.

taxes, and against all assessors and collectors of the present taxes, hereby imposed, if the same shall not be paid on or before the time is elapsed for paying the same; and he and they is and are hereby directed and required to prosecute all and every person or persons whatsoever neglecting or refusing to do and perform the several matters required by this Act, for the recovery of the penalties inflicted by the same for any refusal or neglect.

XXIX. And be it further enacted by the authority aforesaid, That if the persons heretofore or hereby appointed to superintend the emissions dying or refu- of special indents should neglect or refuse to act, or die, or depart the State, his Excellency the. Governor or Commander-in-chief for the time being, is hereby authorised to appoint one or more proper persons for that business, who shall respectively have the same authorities as those who are appointed by this Act.

Persons may plead the general issue.

ment.

XXX. And be it enacted by the authority aforesaid, That if any of the assessors, inquirers, collectors, commissioners of the treasury, sheriffs, constables, or other persons, shall be sued for any matter or thing by him or them done in the execution of this Act, it shall and may be lawful for such person or persons to plead the general issue, and give this Act and the special matter in evidence; and in case judgment shall be given for the defendant or defendants, or the plaintiff shall suffer a non-suit, or discontinue his action, the said defendant or defendants shall recover treble costs of suit.

XXXI. And be it further enacted by the authority aforesaid, That every Time of pay person shall be liable to pay taxes for the present year for the property, real or personal, of which he or she shall stand seized, or having the custody of, either as attorney or agent, or guardian or executor, or in his or her own right, as tenant in fee simple, or by courtesy, or for life, or in right of his wife, on the first day of October next ensuing; and all taxes on real or personal property which shall be sold and conveyed on the said first day of October shall be returned and paid by the seller thereof; any law, usage or custom to the contrary notwithstanding.

Land,&c. of ab

which taxes are

years, declared forfeit.

XXXII. And be it further enacted by the authority aforesaid, That all and heretofore acting as an attorney or attornies, every person or persons trustee or trustees, for any person or persons not residents within this State, shall make oath before the collectors respectively that he hath bona fide renounced his power and attorneyship before the payment of the said tax becomes due, without having done it only with an intention to avoid the payment of the said tax. Provided always, that if such attorney shall, within one year next after such oath made, again become attorney or trustee for such absent person, or act as such, every such attorney shall be liable to pay the said tax as is hereinbefore directed, any thing hereinbefore contained to the contrary notwithstanding; and for levying whereof the same remedies shall be, and they are hereby, given as for levying the tax to become due by virtue of this Act on the proper estate of such attorney

or trustee.

XXXIII. And be it also enacted by the authority aforesaid, That in case any tract or tracts of lands, negroes, or any other taxable property, shall be sent owners,for found by the inquirers or collectors to belong to any person or persons living not paid in two or residing out of the limits of this State, and have no attorney or attornies, trustee or trustees, legally constituted, in this State, or which have not been returned to any of the inquirers, assessors or collectors appointed by this Act, then and in such case the inquirers, assessors or collectors shall be, and they are hereby, authorised and required to charge the said lands, negroes, or any other taxable property, for the payment of the tax herein imposed, and for all taxes due by virtue of any former tax Act, rateably

groes,

A. D. 1787.

clared torfeit.

and proportionably, according to the quantity and quality of the lands, neand other taxable property, as if the same were in the actual possession of some person or persons living and residing in this State, and forthwith to publish and give notice of such their charge and assessment in the several Gazettes of this State. And in case the sum or sums of money with which such lands, negroes, or any other taxable property, shall be so Taxes not paid charged as aforesaid, and the lawful interest from time to time of the assess- in one year, ment made, shall not be paid to the inquirers, assessors and collectors, or lands, &c. deto the commissioners of the treasury of this State, within one year next after notice shall be given as aforesaid, that then such lands, negroes or other taxable property, shall be forfeited to the State, and shall be sold at public vendue by the commissioners of the treasury for the time being, for ready money; and all the money arising therefrom shall be retained in the public treasury, to be disposed of as the General Assembly shall see fit; any law, usage or custom to the contrary thereof in any wise notwithstanding. Provided always, that nothing in this Act contained shall extend to prejudice the rights of infants or femme coverts, who shall be entitled to their lands, negroes, or any other taxable property, upon claiming the same, within two years after they come of age or become discoverts, upon their paying and discharging all taxes and arrears of taxes, that shall and may be due and unpaid thereon, and satisfying the lessee of such lands for all improvements made thereon.

Proviso.

XXXIV. And be it further enacted by the authority aforesaid, That the Treasurers to commissioners of the treasury are hereby required to furnish copies of furnish copies this Act to each of the assessors or collectors hereby appointed, within three of this Act. months after the passing of this Act, and their reasonable expenses incurred thereby shall be reimbursed.

ESTIMATE

Of supplies wanted for the support of Government, for the year one thousand seven hundred and eighty-seven.

In the Senate House, the twenty-eighth day of March, in the year of our Lord one thousand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate.

JOHN J. PRINGLE, Speaker of the House of Representatives.

No. 1371. AN ACT TO REGULATE THE RECOVERY AND PAYMENTS OF DEBTS; AND FOR PROHIBITING THE IMPORTATION OF NEGROES FOR THE TIME Herein

Preamble.

Debts to be paid by instal

ments.

MENTIONED.

WHEREAS, many inhabitants of this country before the revolution owed considerable sums of money, and of which the embarrassment of the war prevented the payment; and whereas, very considerable importations of merchandise since the peace, and the loss of several crops, have occasioned an accumulation of debts to a magnitude far beyond all former example, and such as the resources of the country are inadequate to discharge in a regular and speedy way as heretofore;

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 all debts whatsoever, contracted previous to the first day of January, one thousand seven hundred and eighty-seven, (except debts hereinafter mentioned,) shall be recoverable by instalments only, to be paid in proportion and manner hereinafter following; that is to say, the debtor in every such case shall pay on the first day of March, one thousand seven hundred and eighty-eight, one-third part of the principal and interest which shall be then due to the creditor; and on the first day of March, one thousand seven hundred and eighty-nine, shall pay his creditor one moiety of the principal and interest which may be then remaining due; and on the first day of March, one thousand seven hundred and ninety, the remaining balance of his debt.

II. And be it further enacted by the authority aforesaid, That no judgNo judgment to ment which may be recovered for any money hereby directed to be paid bind the debtor by instalments, shall bind the property of the debtor to a greater amount for a greater amount than is than by this law is actually made payable: provided the debtor shall give made payable. to his creditor the security hereby required.

this law.

III. And be it further enacted by the authority aforesaid, That all moExceptions to neys had and received by one person for the use of another; all moneys due on protested bills of exchange, provided nevertheless, it shall not extend to bills or orders drawn by one person on another within the State; all cash contracts; all moneys due on policies of insurance; and where any sum is to be paid by executors, guardians, or trustees, by virtue of a de

cree of any court having competent jurisdiction, for the education, mainte- A.D. 1787. nance, and support of orphans; all debts contracted payable in principal and special indents; debts contracted for the sale of lands in Columbia; interest due on the paper medium; and all sums due for taxes and duties to the public, (except the duties due to the public previous to the twelfth of October, one thousand seven hundred and eighty-five: provided such debtors shall give new bonds including therein the interest due, with such security as shall be approved of by the commissioners of the treasury; and except such debts in specie as were incurred for the purchase of confiscated property sold for the benefit of creditors;) all sums not exceeding five pounds, so far as that it may be lawful to recover the same from and after the first day of July next; all actions of trespass, vi et armis, ejectment, actions of trover, actions for rent, qui tam actions, actions of slander or malicious prosecutions, or actions of assault and battery, or false imprisonment, actions in nature of actions for deceit or breach of warranty, or other actions of mere tort or inquiry-be excepted out of this law. IV. And be it enacted by the authority aforesaid, That all judgments which have been or shall be obtained, and all open accounts, shall draw Where interest shall be paid. interest from the time they are due: provided always, that no open account whatever shall draw any interest for any term of time previous to the twenty-sixth day of March, one thousand seven hundred and eighty-four. V. And be it enacted by the authority aforesaid, That the creditor in every case may insist to have security for the whole debt to be paid by instalment as aforesaid; and after demand made either personally or in rity for the writing by him, his or her attorney, if the debtor shall fail within thirty whole debt. days to give such security within the district in which he shall reside, as any one or more of the judges of the superior court, any one or more of the justices of the peace of the district, not exceeding three, any one or more of the justices of the county courts, not exceeding three, any one or more of the commissioners for special bail, not exceeding three, respectively, at the option of the creditor, shall deem sufficient, the debtor so failing shall not have any benefit under this Act.

Creditors may

insist on secu

VI. And be it further enacted by the authority aforesaid, That wherever any levy has been made on any execution, and no sale had thereon, the Sheriff's fees. sheriff who has made the levy shall be entitled to receive from the debtor half commissions on the sum levied, together with all legal charges actu

ally incurred by him in making the said levy.

VII. And be it further enacted by the authority aforesaid, That no per

son shall avail himself of this law who shall fail to pay and discharge all Conditions uphis arrears of taxes now due since the year one thousand seven hundred on which persons may avail and eighty-three, inclusive, within six months from the passing of this Act, themselves of and all taxes which may hereafter become due within two months after this law. the same may be so due; and that no tax collector shall have the benefit of this law, who shall not settle his accounts with the commissioners of the treasury within nine months after the passing of this Act, and return a list of all defaulters to the commissioners of the treasury, who is hereby directed to publish the same in the State Gazette; and that no sheriff or other officer shall be authorized to sell any real or personal property in virtue of his office, at public auction, for specie only; but all purchasers at such sales shall have the option of paying either in specie or paper medium; any law to the contrary notwithstanding.

VIII. And be it further enacted by the authority aforesaid, That if any person or persons shall assault, beat, wound, or oppose, any sheriff or sher- Penalty for asiff's officer, or other person lawfully authorized, in the execution of their saulting an office, for the carrying this Act into execution, each and every such per

officer.

A. D. 1787.

Forfeiture for importing slaves into this State.

covering bonds and notes.

son and persons, in addition to the punishment that may be inflicted by the court where such offence shall be tried, shall, on conviction, be thereafter rendered incapable of being employed by, or serving the State, in any of fice, civil or military.

IX. And be it further enacted by the authority aforesaid, That no negro or other slaves, shall be imported or brought into this State, either by land or water, within three years from immediately after the passing of this Act, under the penalty of forfeiting every such slave to any person who will sue or inform for the same; except the slaves of transient persons passing through this State, and who shall not sell the same within the State, or the slaves of persons who come with their said slaves to settle and reside, and do actually reside therein: provided that such slaves be not sold within the term of one year.

X. And be it further enacted by the authority aforesaid, That all Manner of re- bonds or notes which have been given since the first day of January last, for debts contracted previous to that day, and all bonds or notes which have been given payable according to the instalments prescribed by an Act passed the twenty-sixth day of March, one thousand seven hundred and eighty-four, respecting the recovery of old debts, shall be no otherwise recoverable than in the manner directed in this Act.

Former ordinance repealed.

XI. And be it further enacted by the authority aforesaid, That the Ordinance entitled "An Ordinance respecting suits for the recovery of debts,” passed the twenty-sixth day of March, one thousand seven hundred and eighty-four, be, and the same is hereby, repealed.

In the Senate House, the twenty-eighth day of March, in the year of our Lord one thousand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate.

JOHN J. PRINGLE, Speaker of the House of Representatives.

No. 1372. AN ORDINANCE to impose a penalty on any person who shall import into this State any Negroes contrary to the Instalment Act.

(Passed March 28, 1787. See last volume.)

No. 1373. AN ACT TO RESTRAIN PARTICULAR PERSONS THEREIN DEScribed, from OBTAINING GRANTS OF LAND; TO MAKE NULL AND VOID CERTAIN GRANTS OF SURPLUS LANDS; TO PREVENT LOCATED LANDS FROM BEING PASSED INTO GRANTS UNTIL THE PURCHASE MONEY SHALL BE PAID; TO COMPEL PERSONS WHO HAVE OBTAINED GRANTS TO PAY FOR THE SAME WITHIN SIX MONTHS; AND FOR OTHER PURPOSES THEREIN MENTIONED.

WHEREAS, the surveyor general and his deputies, the commissioners Preamble. of locations, and the secretary of the State and his deputy, have great advantages over their fellow citizens, from having it in their power to take up elapsed grants, and such other lands as may be vacant within this State;