A. D. 1800. AN ACT TO AUTHORIZE AND OBLIGE THE KEEPERS OF GAOLS IN THIS No. 1743. RESPECTIVE GAOLS. WHEREAS, the Congress of the United States, at their session begun and holden on the fourth day of March, Anno Domini one thousand seven hundred and eighty-nine, did resolve that it be recommended to the Legislatures of the several States to pass laws making it expressly the duty of the keepers of their gaols to receive, and safe keep therein, all prisoners committed under the authority of the United States, until they shall be discharged by due course of the laws thereof, under the like penalties as in case of prisoners committed under the authority of such States respectively; the United States to pay for the use and keeping of such gaols at the rate of fifty cents per month, for each prisoner that shall, under their authority, be committed thereto, during the time such prisoner shall therein be committed; and also to support such of said prisoners as shall be committed for offences: And whereas, the Legislature of this State have full confidence that the Congress of the United States will make provision for the support of poor prisoners committed for debt, as otherwise the humanity of the people of this State will be taxed to supply their necessities, which may become expensive and burthensome: Preamble. how to be I. Be it therefore enacted, by the honorable the Senate and the House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the keepers of gaols in the several districts U.S. prisoners, throughout this State be, and they are, required and directed to receive' confined. into their several and respective gaols all such prisoners as shall be committed to such gaols, or any of them respectively, under the authority of the United States, and there to keep in safe custody all such prisoners. which are or shall be so committed, until they shall be discharged by due course of the laws of the United States; under the like penalties as in case of prisoners committed under the authority of this State, and upon the terms expressed in the resolution of Congress aforesaid. II. And be it enacted by the authority aforesaid, That every sheriff shall provide, at the expense of the State, a sufficient number of blankets for the use of the prisoners confined in their respective gaols; and that every prisoner so confined, on a criminal charge, shall be furnished with at least two blankets during the winter season. In the Senate House, the twentieth day of December, in the year of our Lord one thousand eight hundred, and in the twenty-fifth year of the Independence of the United States of America. JOHN WARD, President of the Senate. THEODORE GAILLARD, Speaker of the House of Representatives. Blankets to criminals. A.D. 1800. No. 1744. AN ACT to prevent Negro Slaves, and other persons of colour, from being brought into or entering this State. (Passed December 20, 1800. See last volume.) No. 1745. AN ACT respecting Slaves, Free Negroes, Mulattoes and Mestizoes; for enforcing the more punctual performance of Patrol duty; and to impose certain restrictions on the emancipation of Slaves. (Passed December 20, 1800. See last volume.) No. 1746. AN ACT TO LEGALIZE THE SEVERAL JURIES DRAWN AT THE LAST CIRcuit Court aT CHESTER DISTRICT, TO SERVE AT THE next Spring CIRCUIT; AND TO PRESCRIBE THE MODE OF GIVING THE PROCEEDINGS OF THE LATE COUNTY COURTS IN EVIDENCE IN THE COURTS OF LAW AND EQUITY IN THIS STATE. Preamble. WHEREAS, at the last circuit court held at Chester court house, in and for the district of Chester, the juries drawn to serve at the next Spring circuit court, in the courts of general sessions and common pleas in that district, were not drawn according to law, owing to the indisposition of the judge who presided there on the last circuit, who, not having been able to reach the court house in time to draw the said juries, the same were drawn by an infant under the age prescribed by law, in the presence of the clerk and sheriff of the said district only; in order, therefore, to remedy and avoid the inconveniencies and evils that may arise from such proceedings, and to render legal the juries so drawn : 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 drawn declared same, That all the juries so drawn as aforesaid, by the clerk and sheriff, The juries lawful. Clerks and sheriffs may draw juries. without the presence of the judge presiding on that circuit, are hereby declared, to all intents and purposes, lawful juries, to sit, try and determine all matters in the said courts for the said district, at the next spring circuit, that may be brought before them respectively; and that no challenge, either to the array, the pannel or the poll, shall be admitted against such juries, or any of them, on account of their having been drawn in the manner they were ; any act, matter, clause, usage, custom or law, to the contrary notwithstanding. II. And be it further enacted by the authority aforesaid, That whenever it shall so happen that none of the judges of the courts of common law in this State shall attend and hold any court of any district in this State, during the time appointed by law for the holding of such court, then and in every such case it shall and may be lawful to and for the clerk and sheriff of such district to draw, in open court, and in the presence of one justice of the peace, on the last day of the term, the necessary juries for A.D.1800. the next sitting of such courts, in manner and form as is or may be by law provided; which juries shall be adjudged as good and valid in law to all intents and purposes whatsoever. III. Whereas, the times fixed by law for the holding and sitting of the court of equity in Charleston is inconvenient; for remedy whereof, Be it Court of equity enacted by the authority aforesaid, That the sitting and holding of the for Charleston, court of equity for the district composed of the united districts of Charles- Colleton and Beaufort, when ton, Colleton and Beaufort, at Charleston, shall be on the fourth Monday to sit. in April, and second Monday in October, in every year, in lieu of the days heretofore appointed by law. : IV. Whereas, considerable irregularities, incidental to courts of inferior jurisdiction, have crept into the proceedings of the county courts formerly established, and lately abolished, in this State; and whereas, great losses, expenses und delays, may accrue to many of the citizens of this State thereby for remedy whereof, Be it further enacted by the authority aforesaid, That all the proceedings in the said county courts shall be Irregular prodeemed, held and taken as firm in law as if the proceedings had been con- ceedings of the ducted and carried on according to the method prescribed by the acts county courts made good in relating to county courts, or those relating to the proceedings of any of the law. superior courts of law in this State; and that a transcript from the minute books of such courts shall be good and legal evidence in all trials in any of the courts of law or equity in this State, when it may be necessary to give such proceedings in evidence. Provided, that such transcript be regularly and duly certified under the hand of, and sworn to by, the clerk or keeper of the said proceedings and records of the county courts so abolished, who hath, by law, the custody thereof; any law, usage or custom to the contrary notwithstanding. V. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any two justices, whereof one shall be of Two justices to the quorum, to administer to any person the oath or oaths of office, which administer is, are, or may be required by law to be taken by such person; any law, usage or custom to the contrary thereof in any wise notwithstanding. In the Senate House, the twentieth day of December, in the year of our Lord one thousand JOHN WARD, President of the Senate. oaths of office. THE SEVERAL PERSONS THEREIN MENTIONED TO No. 1747. I. Be it enacted, by the honorable the Senate and the House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Major Brown, widow of Joseph Chandler Brown, together with her four children, and Ava Culliatt, widow of Adam Culliatt, and her child, now an infant, shall respectively be entitled to receive, each of them, from the treasury of this State, twenty-one dollars and thirty cents, for A. D. 1800. every year during the widowhood of the said widows; and nine dollars each year, for each and every of their said children, until they shall respectively arrive to the age of twelve years, should they so long live. II. And be it further enacted by the authority aforesaid, That Thomas Miller, Andrew M'Allister, and Michael Finney, Paul Smith and John Pollock, Jr. shall respectively be entitled to receive, from the treasury of the State, an annual pension of twenty-one dollars and thirty cents, during the term of their natural lives. In the Senate House, the twentieth day of December, in the year of our Lord one thousand JOHN WARD, President of the Senate. No. 1748. AN ACT in addition to the Militia Laws of this State. "An Act to pre No. 1749. AN ACT TO ALTER AND AMEND AN ACT ENTITLED vent certain Streets in Beaufort from being stopped or obstructed," Preamble. AND TO RESTRICT THE OWNERS OF LOTS ON THE FRONT OF THE SAID WHEREAS, the Act for preventing certain streets in Beaufort from being obstructed, passed the twenty-first day of December, in the year of our Lord one thousand seven hundred and ninety-eight, has never been carried into effect, and is found to operate injuriously to certain citizens owning lots on the bay of the said town, opposite to the streets, inasmuch as they have built, at considerable expense, certain wharves and houses thereon, previously to the passing the said Act: And whereas, it is the wish and desire of several of the citizens of the said town to retain their right to the said lots, and not to receive compensation therefor, as directed by the said Act: And whereas, it is conceived that this privilege would meet the approbation of the citizens of the said town; provided, the owners of such lots, who prefer the retaining the said lots to receiving compensation therefor, be restricted from erecting any buildings thereon, and be confined to improve the same merely as wharves: I. Be it therefore enacted, by the honorable the Senate and the House of Representatives, now met and sitting in General Assembly, and by the A former Act authority of the same, That the said Act, to prevent certain streets in repealed. Beaufort from being stopped or obstructed, passed on the twenty-first day of December, in the year of our Lord one thousand seven hundred and ninetyeight, be, and the same is hereby, repealed, so far as it relates to such persons as are willing and desirous to retain their right to lots opposite the streets in the town of Beaufort, and not to receive compensation therefor, as directed by the said Act of Assembly, passed the twenty-first day of December, one thousand seven hundred and ninety-eight; upon the express condition that they shall signify such their intention within six months from and after the passing of this Act, in writing, to the commissioners of the streets; and shall hereafter be restricted, for ever, from erecting any buildings thereon; and shall be, and are hereby, confined to making no other improvements thereon than wharves, so as to leave the heads of said streets open and unobstructed. In the Senate House, the twentieth day of December, in the year of our Lord one thousand JOHN WARD, President of the Senate. A. D. 1800. AN ACT TO PREVENT THE OBSTRUCTION TO THE PASSAGE OF FISH UP No. 1750. SALUDA RIVER. WHEREAS, sundry persons, inhabitants of Pendleton and Greenville districts, as by their petition to the Legislature is set forth, have experienced great inconveniencies by the obstruction to the passage of fish up Saluda river; for remedy whereof, 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 every person who hath, or may hereafter erect, any dam, ledge, or other obstruction, across Saluda river, or any part thereof, shall, by the first day of March next, provide a good and sufficient slope, at least sixty feet wide, for the passage of fish up the said river; and upon neglect thereof shall forfeit and pay to any person who shall inform and sue for the same, before any justice of the peace, the sum of twenty dollars for every twelve hours during which such obstruction shall continue after the time aforesaid. In the Senate House, the twentieth day of December, in the year of our Lord one JOHN WARD, President of the Senate. AN ACT to incorporate the John's Island Society, of the Parish of No. 1751. St. John's, Colleton. (Passed December 20, 1800. See last volume.) |