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A. D. 1811.

No. 1988. AN ACT TO VEST IN HUGH MILLING AND HIS HEIRS THE RIGHT AND TITLE OF THE STATE TO A CERTAIN TRACT OF LAND.

Preamble.

Title to land

vested in H. Milling.

WHEREAS, Hugh Milling, of Fairfield district, in his petition to the legislature, has set forth, that in order to make provision for his niece, Sarah Gordon, of the kingdom of Ireland, and induce her to emigrate and settle in this State, he obtained a grant for a certain tract of land, containing four hundred and twenty-one acres, situate in the district of Camden, on a branch of the Wateree creek, near the road from Charleston to King's Mountain, in the name of the said Sarah Gordon; and that the said Sarah Gordon, in her passage from Ireland to America, was wrecked on the coast of Scotland, and never came to America to avail herself of the benefit of the said grant; and that he, the said Hugh Milling, paid all the expenses attendant on the surveying of the said land and obtaining a grant therefor, and also paid to the State nine pounds fifteen shillings and five pence half penny, for the consideration or bounty money of the said land, and therefore prays that the said tract of land may be vested in him. And whereas, the said Sarah Gordon, being an alien at the time of making the said grant, the right and title of the said tract of land escheated and became vested in the State:

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 right, title and interest of the State, of, in or to the said land, being a tract of four hundred and twenty-one acres, situate in the district of Camden, now in the district of Fairfield, on a branch of Wateree creek, near the road from Charleston to King's Mountain, granted to Sarah Gordon on the twenty-first day of January, in the year of our Lord one thousand seven hundred and eighty-five, be, and the same is, vested in the said Hugh Milling, his heirs and assigns, for ever. Provided nevertheless, that nothing herein contained shall be taken or construed to invalidate, or in any manner destroy, the right or title of any person or persons, acquired prior to the passing of this Act, to the said land or any part thereof.

In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and eleven, and in the thirty-sixth year of the Independence of the United States of America

SAMUEL WARREN, President of the Senate.

JOHN GEDDES, Speaker of the House of Representatives.

No. 1989. AN ACT to authorize the Commissioners of the Orphan House of Charleston to select the number of youths therein mentioned, from those educated and maintained on the bounty of that institution, who shall be allowed to complete their education at the South Carolina College.

(Passed December 21, 1811. See last volume.)

A.D. 1811.

AN ACT for regulating the Courts held by the Associate Judges of No. 1990. this State at the conclusion of their respective circuits, and of the Courts of Appeals held by the Judges of the Courts of Equity, within this State; and for other purposes therein mentioned.

(Passed December 21, 1811. See last volume.)

AN ACT TO APPOINT CERTAIN COMMISSIONERS TO ESTABLISH THE PAR- No. 1991.
ISH LINES BETWEEN ST. PHILIP'S AND ST. ANDREW'S; BETWEEN ST.
ANDREW'S AND ST. JAMES, GOOSE-CREEK, AND BETWEEN ST. AN-
DREW'S AND ST. GEORGE'S, DORCHESTER; BETWEEN ST. PHILIP AND
ST. JAMES, GOOSE-CREEK; AND BETWEEN ST. JAMES, GOOSE-Creek,
AND ST. GEORGE, Dorchester.

WHEREAS, the inhabitants of the above parishes are subjected to many inconveniencies from the division lines thereof not being fully ascertained and established:

Preamble.

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 Commissioners of the same, That John Johnson, Jr, James Nicholson, George Keckly, appointed. Wm. Cattle and Seth T. Prior be, and they are hereby appointed, commissioners for running, defining and establishing the division lines between the parishes of St. Philip's and St. Andrew's ; between St. Andrew's and St. James, Goose-creek; and between St. Andrew's and St. George's, Dorchester; between St. Philip's and St. James, Goose-creek; and between St. James, Goose-creek, and St. George's, Dorchester. And the said commissioners, or a majority of them, shall proceed to run the said line according to the best information they can obtain, and the law originally laid down; and to the best of their judgments, determine on and establish the said lines. And the said commissioners, or a majority of them, are hereby vested with full power and authority to employ one or more surveyors, not exceeding three, and two chain carriers, as the said commissioners, or a majority of them, shall judge necessary for running and establishing the said lines.

Commissioners

II. And be it further enacted by the authority aforesaid, That the commissioners hereby appointed, or a majority of them, shall proceed forthwith in the business committed to them; and they are hereby directed, when the to report to the same shall be completed, to make a full report, with a platt thereof, to the Legislature. Legislature; and shall lodge an accurate survey of the said lines in the secretary of state's office of Charleston district, that the same may be placed on record.

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

SAMUEL WARREN, President of the Senate.

JOHN GEDDES, Speaker of the House of Representatives,

A. D. 1811.

No. 1992. AN ACT TO PREVENT

Preamble.

fees for advice,

ANY PERSON THAT NOW HOLDS, OR WHO MAY HEREAFTER HOLD, THE OFFICE OF ORDINARY OF ANY DISTICT IN THIS STATE, FROM PRACTICING AS AN ATTORNEY, SOLICITOR OR COUNSEL, IN ANY OF THE Courts, EITHER OF LAW OR EQUITY, WITHIN THIS STATE; AND FOR OTHER PURPOSES THEREIN MENTIONED.

WHEREAS, it has been found to be inconsistent with the principles of justice and its due administration, that any person should be allowed to practice law, or receive fees, either as an attorney, solicitor or counsel, touching any matter, cause, or thing that may officially come before him whilst he holds the office and sits as a judge of the said court of ordinary: I. Be it therefore enacted, by the honorable the Senate and House of Ordinaries for- Representatives, now met and sitting in General Assembly, and by the bidden to take authority of the same, That from and immediately after the passing of this Act, no person who now holds, or who may hereafter hold, the office of Ordinary for any district within this State, shall be allowed, whilst he holds the said office, in his own name, or in the name of any other person or persons, to receive any fee as a counsel fee, either as an attorney or solicitor, or in any other shape whatever, concerning or touching any cause, matter, thing or estate, that shall or may officially come before him as Ordinary, in any district within this State; otherwise than such fee or fees as now are, or shall, or may hereafter be, allowed to such Ordinary for his services in the execution of his duty therein, by any Act of Assembly of this State; any law, custom or usage to the contrary thereof, in any wise notwithstanding.

law.

II. And be it further enacted by the authority aforesaid, That from and immediately after the passing of this Act, no person who now holds or Or to practice who may hereafter hold the office of Ordinary for any district within this State, shall be allowed, whilst he holds the said office, to practice law in his own name, or in the name of any other person, in any court of law or equity within this State; any law, custom or usage to the contrary thereof, in any wise notwithstanding.

Ordinary of
Charleston,

when to attend

in his office.

Ordinary to make search and furnish copies.

III. And whereas, it would be highly beneficial to the citizens of Charleston district and the State at large, that the Ordinary of Charleston district should be compelled to attend in his said office in the same manner that other public officers are compelled by law to attend; Be it therefore enacted by the authority aforesaid, That from and after the first day of January next, it shall be the duty of the said Ordinary to give constant attendance at his office every day, Saturdays, Sundays, Mondays, Christmas day, and the fourth day of July only excepted, from nine of the clock in the forenoon, to two of the clock in the afternoon of each day; any law, custom or usage to the contrary thereof, in any wise notwithstanding.

IV. And be it further enacted by the authority aforesaid, That from and immediately after the passing of this Act, and at all times thereafter, it shall be the duty of the respective Ordinaries of this State, for the time being, when applied to by any person for that purpose at their respective offices, to search and examine any book, record or paper appertaining to any such office, as such person may require and be in want of, and to furnish any such person with a copy or copies, of any part thereof, or of the whole, of any proceeding touching any estate or estates in his care or custody as Ordinary aforesaid, and to certify the same; for which respective services he shall be allowed at the rate of nine cents for each copy sheet the same may contain, and twenty-five cents for every certificate he shall

so give; any law, custom or usage to the contrary thereof, in any wise notwithstanding.

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

SAMUEL WARREN, President of the Senate.

JOHN GEDDES, Speaker of the House of Representatives.

A. D. 1811.

AN ACT TO PREVENT OBSTRUCTIONS TO THE FREE PASSAGE OF FISH UP No. 1993. THE RIVER KEOWEE AND ITS WATERS.

WHEREAS, sundry inhabitants of Pendleton district have by their petition to the Legislature prayed that obstructions to the free passage of fish up the river Keowee and its waters, be removed and prevented :

Preamble.

1. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the au- Obstructions in thority of the same, That any person or persons who now have, or hereaf- Keowee river ter may erect, any fish dam or fish dams, mill dam or mill dams, obstruction forbidden. or obstructions, any flutter wheel or flutter wheels, or any contrivance, artifice or machinery, in the said river Keowee, which is intended or has a tendency to prevent the free passage of fish up the said river, shall forfeit and pay, to any person who shall inform and sue for the same before any justice of the peace, the sum of ten dollars for every six hours during which such obstruction, flutter wheel, dam, contrivance, artifice or machinery shall so continue. Provided nevertheless, that if the boat sluice through the shoals of said river, and thirty feet on each side of the dam making the said sluice, or where the boat sluice shall run near either bank of said river, then, and in that case, if sixty feet from the side of the dam making the said sluice which is farthest from the bank, shall be kept open and free from any of the aforesaid obstructions and contrivances, nothing herein contained shall be so construed as to prevent the erection of fish dams or mill dams on each side of said river, so as not to contravene the object and intentions of the aforesaid provisions.

II. And be it further enacted by the authority aforesaid, That any person.

who hath, or may hereafter erect, any fish dam, hedge or other obstruction, Certain other across the creeks called Deep Creek or Conerass, or the rivers Twelve streams. Mile or Little River, as far up each of the aforesaid streams as the first mill now erected, shall, by the first day of March next, provide a good and sufficient opening, at least ten feet wide, for the free passage of fish up the said rivers and creeks; 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 ten dollars for every twenty-four hours during which such obstruction shall continue after the time aforesaid.

III. And be it further enacted by the authority aforesaid, That the aforesaid obstruction or obstructions, flutter wheel or flutter wheels, contrivance, Obstructions declared artifice or machinery, which are or may hereafter be made to prevent the nuisances. free passage of fish up the river Keowee and its waters, shall be considered nuisances, and may be abated as such by any person or personsw homsoAnd this Act shall be deemed and taken to be a public Act, and

ever.

A.D. 1811. judicially taken notice of as such, without being specially pleaded, and liberally construed to effect the

purposes

aforesaid.

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

SAMUEL WARREN, President of the Senate.

JOHN GEDDES, Speaker of the House of Representatives.

No. 1994.

AN ACT to establish certain Roads, Bridges and Ferries; and for certain purposes therein mentioned.

(Passed December 21, 1811. See last volume.)

No. 1995. AN ACT to incorporate the Pendleton Circulating Library Society, the Sumpterville Library Society, and the other Societies therein mentioned.

(Passed December 21, 1811. See last volume.)

No. 1996. AN ACT discontinuing the public road leading over the Causeway at and passing through Willtown; and establishing as a public road the road leading by Old Black Mingo Ferry; and for reviving an Ordinance, passed in the year one thousand seven hundred and ninety, for laying open the navigation of Black Mingo Creek.

(Passed December 21, 1811. See last volume.)

No. 1997. AN ACT TO AUTHORIZE AND EMPOWER THE TRUSTEES OF THE WADSWORTHVILLE POOR SCHOOL, IN LAURENS DISTRICT, TO ALIEN AND SELL

Preamble.

CERTAIN LANDS THEREIN MENTIONED.

WHEREAS, William Burnside, Zachariah Bailey, James M'Mahan, James Young and William Laur, trustees of the Wadsworthville Poor School, in the district of Laurens, have petitioned the legislature to authorize them to sell, alien and dispose of such lands as cannot be rented or leased, and which was left by the last will and testament of Thomas Wadsworth, deceased, for the support of a poor school in the said district. And whereas, Henry W. Desaussure having been appointed by the will

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