commissioners before mentioned shall have a right to fill up all vacancies A. D. 1808. which may happen, by resignation or otherwise, among said commissioners.

In the Senate House, the seventeenth day of December, in the year of our Lord one thousand eight hundred and eight, and thirty-third of the Independence of the United States of America.

SAMUEL WARREN, President of the Senate.

JOSEPH ALSTON, Speaker of the House of Representatives.

AN ACT TO AMEND AN ACT ENTITLED "An Act to prevent the dam- No. 1930. ing up Broad, Saluda, Pacolate, Tyger and Enoree Rivers, and Stephen's Creek, or otherwise obstructing the fish from passing up the said Rivers, and to oblige such persons who have already damed or otherwise obstructed the passage of fish in said Rivers, to open the said dams or obstructions so as fish may pass;" AND FOR OTHER PURPOSES

THEREIN MENTIONED.

WHEREAS, great inconveniencies have resulted to the inhabitants near Tyger river, in consequence of the above mentioned Act requiring Preamble. that a sufficient slope or sluice shall be kept open in every mill dam thereon, during the whole year, for the passage of fish, whereby the mills in the summer are prevented from grinding:

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 from and after the passing of this Act, every Keep a sluice or slope in Ty. person or persons who now have, or may hereafter have or erect, any mill ger river fifteen dam across Tyger river, or any part thereof, shall open and keep a good feet wide, for the passage of and sufficient slope or sluice at least fifteen feet wide, in the middle of the fish. river, and as low as the mud sill in such dam, from the first day in March until the fifteenth day of May, inclusive, in every year, for the passage of fish up the said river; and every person or persons who shall neglect or refuse to open and keep such slope or sluice as aforesaid, shall forfeit, and pay to any person who shall inform and sue for the same, the sum of twelve dollars for every twelve hours he, she or they shall so neglect or refuse to open and keep such slope or sluice as aforesaid, to be recovered before any justice of the peace or quorum.

II. And be it further enacted by the authority aforesaid, That if any person or persons shall put or place any trap, weir or other obstruction within two hundred yards of such slope or sluice aforesaid, then, and in obstructing. Penalty for that case, every such person or persons so offending shall forfeit and pay to any informer the sum of twelve dollars for every twelve hours each trap, weir or other obstruction shall continue, to be recovered as aforesaid.

III. And be it further enacted by the authority aforesaid, That if any person or persons shall put any trap or other obstruction in Tyger river, (except mill dams as aforesaid,) so as not to leave one-third part of the said river open, to include the main channel thereof, then, and in that case, every person or persons so offending shall forfeit, and pay to any informer, twelve dollars for every twelve hours such trap or other obstruction shall continue, to be recovered as aforesaid.

A. D. 1808.

Remedy by appeal.

IV. And be it further enacted by the authority aforesaid, That if any person or persons shall conceive him, her or themselves aggrieved by the sentence, judgment, decree or order of any justice of the peace or quorum under this Act, he, she or they shall be entitled to an appeal to the district court, upon the same terms and conditions as appeals are now had in other cases from the decisions of a justice.

V. And be it further enacted by the authority aforesaid, That all Acts or Part of a former clauses of Acts contrary to the provisions of this Act, be, and the same are Act repealed. hereby, repealed.

In the Senate House, the fifteenth day of December, in the year of our Lord one thousand eight hundred and eight, and in the thirty-third year of the Independence of the United States of America.

SAMUEL WARREN, President of the Senate.

THEODORE GAILLARD, Speaker of the House of Representatives.

No. 1931. AN ACT TO GRANT TO JAMES W. COTTON THE EXCLUSIVE PRIVILEGE OF RUNNING A STAGE COACH TO AND FROM CERTAIN PLACES FOR A

Preamble.

to run a line of

LIMITED TIME.

WHEREAS, James W. Cotton, has presented a petition to the Legislature, praying that an Act may be passed, securing to him the exclusive privilege of running a stage coach between Charleston and Georgetown in this State; and it is ascertained that much convenience and advantage would result to the inhabitants, and to persons travelling to various parts of the United States, to have such a sure and commodious conveyance established:

I. Be it therefore enacted, by the honorable the Senate and House of RepJ. W. Cotton resentatives, now met and sitting in General Assembly, and by the authoristages between ty of the same, That the said James W. Cotton shall, for the term of five Charleston and years, have the exclusive right and privilege of keeping, maintaining and Georgetown. running such stage coach from Charleston to Georgetown in this State, and from Georgetown again to Charleston, alternately, as often as it may be proper and suitable for him to do; and that if any person or persons shall, within that time, for any hire or reward, make a practice of carrying people in any coach or other four wheel carriage, any where between Charleston and Georgetown, such person or persons shall forfeit double the amount of any hire or reward so received by him, her or them, to the said James W. Cotton, his executors and administrators, and be liable to a special action for recovery of the same.

Penalty.

II. And be it further enacted by the authority aforesaid, That the said James W. Cotton, his executors and administrators, shall keep fit, good 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 coach at least once in every week from Charleston to Georgetown, and from Georgetown to Charleston. And in case the said James W. Cotton should neglect or fail to keep, maintain and support such stage coach or coaches, horses or drivers, or neglects to run the said coach or coaches, as often as is required by this Act, upon complaint thereof made, and satisfactory proof given the court

Proviso.

of sessions or common pleas in any district of this State, he the said James A.D. 1808. W. Cotton, his executors or administrators, shall forfeit all benefit and advantage resulting to him from this Act; and shall be liable to an action on the case, at the suit of any party aggrieved thereby: Provided nevertheless, that exclusive privilege of running the aforesaid stage coach or coaches in the line between Charleston and Georgetown aforesaid, 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 seventeenth day of December, in the year of our Lord one thousand eight hundred and eight, and in the thirty-third year of the Sovereignty and Independence of the United States of America.

SAMUEL WARREN, President of the Senate.

JOSEPH ALSTON, Speaker of the House of Representatives.

AN ACT to establish certain Roads, Bridges and Ferries therein

mentioned.

(Passed December 17, 1808. See last volume.)

No. 1932.

AN ACT TO RAISE SUPPLIES FOR THE YEAR ONE THOUSAND EIGHT HUN- No. 1933. DRED AND EIGHT; AND FOR OTHER PURPOSES THEREIN MENTIONED.

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 a tax, for the sums and in the manner hereinafter mentioned, shall be raised, and paid into the public treasury of this State, and for the use and service thereof.

II. And be it enacted by the authority aforesaid, That fifteen cents per centum ad valorem be paid in specie or paper medium on all lands granted within this State, under the several regulations herein- Rate of taxnafter mentioned. Class No. 1 shall contain all tide swamp of the first tion ou lands. quality, not generally affected by the salts or freshes, which shall be rated at twenty-six dollars per acre; all tide swamp of the second quality, not generally affected by the salts or freshes, which shall be rated at seventeen dollars per acre; all tide swamp of the third quality, not generally affected by the salts or freshes, which shall be rated at eight and one half dollars per acre; all pine barren lands adjoining such swamps, or contiguous thereto with respect to the benefit of water carriage, which shall be rated at two dollars per acre; all prime inland swamp, cultivated and uncultivated, which shall be rated at an average of thirteen dollars per acre; all inland swamp of the second quality, which shall be rated at eight and one half dollars per acre; all inland swamp of the third quality, which shall be rated at four dollars per acre; pine barren lands, adjoining or contiguous thereto, which shall be rated at one dollar per acre; and all salt marsh, or inland swamp, clearly proved to the collectors to be incapable of immediate cultivation, which shall be rated at one dollar per acre.

A. D. 1808. Class No. 2 shall comprehend all high river swamps and low grounds, cultivated and uncultivated, including such as are commonly called second low grounds, lying above the flow of the tides, and as high up the country as Snow Hill on Savannah river, and 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 to be rated at thirteen dollars per acre; the second quality at eight and one half dollars per acre; the third quality at four dollars per acre; excepting such as may be clearly proved to the collectors to be incapable of immediate cultivation, which shall be assessed at one dollar per acre. Class No. 3 shall comprehend all high river swamps and low grounds lying above Snow Hill, and the fork of Broad and Saluda rivers, Graves's Ford on the Wateree, and the old Indian boundary line, which shall be rated at three dollars per acre. Class No. 4 shall comprehend all high lands without the limits of St. Philip's and St. Michael's parishes, within twenty miles of Charleston, and on John's Island and James's Island, which shall be rated at four dollars per acre. Class No. 5 shall comprehend all lands lying on the Sea islands, (Slann's island included,) or lying on or contiguous to the seashore, usually cultivated, or capable of cultivation, in corn, cotton or indigo, not within the limits prescribed in class No. 4, which shall be rated at four dollars per acre. Class No. 6 shall comprehend all oak and hickory high lands lying below Snow Hill and the fork of Broad and Saluda rivers, Graves's Ford, and the new boundary line on Pedee, and not included in the limits or description of the two preceding classes, numbers 4 and 5, which shall be rated at three dollars per acre. Class No. 7 shall include all pine barren lands not included in classes numbered 1, 4 and 5, which shall be rated at twenty cents per acre. Class No. 8 shall comprehend all oak and hickory high lands lying above Snow Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first quality of which shall be rated at one dollar and one half dollar per acre; and the second quality at one dollar per acre; and the third quality at forty cents per acre. Class No. 9 shall comprehend all oak and hickory lands above the old Indian boundary line, the first quality of which shall be rated at one dollar and twenty cents per acre; the second quality at sixty cents per acre; and the third quality at twenty cents per acre. Class No. 10 shall include all lands within the parishes of St. Philip's and St. Michael's, which shall be assessed in the same manner and upon the same principles as houses and lots in Charleston, and in a relative proportion to lands in the country.

Rate of taxing slaves, &c.

Slaves employed on Indian

lands.

III. And be it enacted by the authority aforesaid, That thirty-five cents per head shall be levied upon all slaves; and the sum of two dollars per head upon all free negroes, mulattoes, and mestizoes, between the ages of fifteen and fifty; and fifteen cents ad valorum on every hundred dollars of the value of all lands and lots and buildings within any city, village, or borough; and thirty-five cents per centum on all stock in trade, factorage, employments, faculties and professions, (clergymen, schoolmasters, schoolmistresses and mechanics excepted,)-to be ascertained and rated by the assessors and collectors throughout the State, according to the best of their knowledge and information; to be paid in paper medium or specie. IV. And be it enacted by the authority aforesaid, That all negroes and other slaves who are employed on any lands leased by any person or persons of the Catawba Indians, shall be, and they are hereby made, liable to the payment of this tax. But nothing in this Act contained shall be construed to impose any tax upon the property of the estate of any religious society, or the South Carolina Society, the Winyaw Indigo Society, or the Fellowship Society, or of the estate of the late Doctor De la Howe, devi

Exceptions.

sed for charitable purposes, and that part of the estate of the late Thomas A.D.1808. Wadsworth which was devised for the establishment of a school, or the Clarendon, or the High Hills of Santee, or the Camden Orphan Societies, or the Columbia Academy, or the lands and funds owned by the Free School of Dorchester, or the public lands held by the corporation of Charleston, or of the lands and funds of any society applicable to the education or maintenance of public schools; but that no houses owned or erected on the same by any private individuals, shall be exempted from paying taxes thereon, according to their full value, to be rated by the assessor or assessors in the respective collection districts.

triple taxed.

V. And be it further enacted by the authority aforesaid, That every person entitled to any taxable property or estate in this State, who resides with- Absentees out the limits of the United States, shall, for the use of this State, pay a triple tax on the same. But this clause shall not be construed to extend to the property of any person sent, or hereafter to be sent, abroad in the employment of this State or of the United States, until one year after the expiration or determination of his commission; or to the property of any person now absent from the United States, unless such person has been absent for one year.

received for taxes.

VI. And be it further enacted by the authority aforesaid, That the tax collectors throughout this State shall receive no payment of taxes but in gold What shall be or silver coin made current in this State, the paper medium issued under the authority of the Legislature, bank paper redeemable in the first instance in gold and silver at the bank of the United States, the branch bank thereof in Charleston, the bank of South Carolina, the State Bank, or certain certificates for the pay of the members of the Legislature, or the Solicitors, for their attendance on the Legislature.

made on oath.

VII. And be it further enacted by the authority aforesaid, That each and every enquirer, assessor and collector shall, on their enquiry for their return Returns of all of taxes of this State for the year one thousand eight hundred and eight, ad- property to be minister the following oath to all such persons as shall be liable to pay any of the said taxes, viz: "I, A B, do solemnly swear (or affirm, as the case may be) that the account which I now give in is a just and true account of the quality and quantity of the lands, and the number of the slaves, on the first day of October, one thousand eight hundred and eight, in any manner whatsoever, which I am possessed of, interested in, or entitled to, either in my own right or in the right of any other person whomsoever, either as guardian, executor, agent, attorney, trustee, or in any manner whatsoever, according to the best of my knowledge and belief; and that I will give a just and true answer, according to the best of my knowledge, to all such questions as shall be asked me touching the same; and this I swear without any kind of equivocation or mental reservation whatsoever." And upon the principal sum of every sum or sums of interest Tax on money money actually received, over and above what each person pays on account at interest. of interest, the said assessor, enquirer or collector, or assessors or enquirers or collectors, to whom the same shall be returned, shall assess the sum of twelve and one half cents on every hundred dollars which shall have produced an interest of seveu per cent., and a proportionable sum on all other sums of money drawing less or more than seven per cent; to be recovered in like manner, in case of default, as the collectors are authorized by law heretofore to do on their returns of lands or slaves.

VIII. And be it enacted by the authority aforesaid, That in case any person or persons shall neglect to make a return of his, her or their monies Property not producing interest as aforesaid, they shall be liable to suffer the same returned. forfeitures and pay the same penalties as are authorized by law in case of