A. D. 1788.

No. 1426. AN ACT FOR VESTING IN ROBERT HERIOT, ESQUIRE, A CERTAIN SUM OF MONEY, FOR THE USE OF JOHN CASSELS, a minor.

Preamble.

WHEREAS, by a certain deed made in contemplation of a marriage between James Cassels, late of South Carolina, planter, and Susanna Man, the said James Cassels covenanted and agreed with Robert Heriot, Esquire, of the place aforesaid, that if the said marriage should take effect, and the said Susanna should depart this life in the lifetime of him the said James Cassels, then the said Susanna might appoint the sum of five thousand pounds of the then lawful money of South Carolina aforesaid, to such person and to such use as she might direct by her last will and testament, or other writing purporting to be her last will, signed and sealed in the presence of two or more credible witnesses, which said sum of five thousand pounds the said James Cassels further agreed to pay to such person or persons as the said Susanna should appoint the same as aforesaid. And whereas, the said Susanna departed this life soon after the said marriage, leaving a son, John Cassels, now a minor, who is the sole issue of the said narriage, but neglected in her lifetime to execute the power reserved to her as aforesaid by the said marriage deed. For remedy whereof, and for fully carrying into effect the real intentions of the said parties to the said deed;

1. Be it enacted, by the honorable the Senate and House of RepresenCommissioners tatives, in General Assembly now met, and by the authority of the same, of forfeited es- That the commissioners of forfeited estates do pay to the said Robert Hetates to pay Robert Heriot riot, his executors or administrators, the sum of seven hundred and fifteen a certain sum pounds sterling, out of the proceeds of the sale of such part of the estate lately belonging to the said James Cassels, as may be still remaining in their hands to be sold; which said sum of money is hereby vested in the said Robert Heriot, his executors and administrators, in trust for the use and benefit of the said John Cassels, his executors, administrators, and assigns.

in trust.

In the Senate, Tuesday, the fourth day of November, in the year of our Lord one thousand seven hundred and eighty-eight, and in the thirteenth 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. 1427. AN ACT PRESCRIBING, ON THE PART OF THIS STATE, THE TIMES, PLACES, AND MANNER OF HOLDING ELECTIONS FOR REPRESENTATIVES IN THE CONGRESS, AND THE MANNER OF APPOINTING ELECTORS OF A PRESIDENT, OF THE UNITED STATES.

Preamble.

In order to carry into effect on the part of this State the Constitution for the United States of America;

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 the elections in this State for members of the House of

Representatives in the Congress of the United States, shall be had in the A.D. 1788. manner following, that is to say, this State shall be, and is hereby declared

tions for mem

to be, divided into five districts, of which, for the present, Charleston dis- Manner of trict shall form one; Beaufort and Orangeburgh districts united, another; holding elec Georgetown and Cheraw districts united, another; Camden district an-bers of Conother; and Ninety-Six district another; and each of the said five districts gress. shall send one member from this State to the House of Representatives in the Congress of the United States, to be chosen by the persons qualified to vote for members of the House of Representatives of this State. And the said elections shall be holden at the times and places, and regulated and conducted in the same manner, as the elections for the members of the House of Representatives of this State at the next general election. And the person who, at the said election, shall have the greatest number of votes in the district of Charleston, and the person who shall have the greatest number of votes in the united districts of Beaufort and Orangeburgh, and the person who shall have the greatest number of votes in the united districts of Georgetown and Cheraw, and the person who shall have the greatest number of votes in Camden district, and the person who shall have the greatest number of votes in Ninety-Six district, shall be the members from this State to the House of Representatives in the Congress of the United States.

True returns to be made

election.

II. And be it further enacted by the authority aforesaid, That the officers or persons by whom each of the said elections shall be conducted, and who shall be the same persons as shall conduct the elections for members within twenty of the Legislature, shall make a true return within twenty days thereafter days after the to the Governor or Commander-in-chief of this State, of the names of the persons voting, and of the candidates or persons voted for, at the said election, and of the number of votes given thereat for each of the said persons. And that on the fifth day of January next, or as soon thereafter as the Council can be convened, the Governor shall cause the said returns to be examined in Council in a public manner, and ascertain the number of votes given at the said elections for every person, and what five persons have respectively the greatest number of votes in the said districts. And having ascertained who are the said five persons duly elected in manner aforesaid to be members of the House of Representatives in the Congress of the United States, the Governor or Commander-in-chief for the time being shall cause the same to be immediately notified by proclamation, and notice of such election to be given to each member. And that the Governor or Commander-in-chief shall deposite the original poll of each district in the secretary's office of the State.

III. And be it further enacted by the authority aforesaid, That in case Person return

twenty days

the same person shall be returned for two or more of the said districts, he ed for two dismay choose, within twenty days after due notice shall be given him thereof, tricts to make for which district he will serve, and on his making such choice, or neglect- choice within ing so to do within the said term, the Governor or Commander-in-chief for which he will the time being shall direct another election to be held within twenty days serve. thereafter, for the vacant district or districts, to be conducted and regulated in like manner as before prescribed. And the Governor or the Commander-in-chief shall proceed in the same manner where the member elected in any of the said five districts refuses to serve, or omits to signify to the Governor or Commander-in-chief his intention of serving, within twenty days after he has received due notice of his election; and in case of the death of any person elected, or if his seat shall become vacated by any other means, or if two or more persons shall have equal votes for any dis

A. D. 1788. trict, the Governor shall order a new election, as the case may require, to be conducted as near as may be in manner before prescribed.

Electors of President of the U. States to be chosen

IV. And be it further enacted by the authority aforesaid, That electors of a President of the United States shall be appointed by the Legislature of this State on the first Wednesday in January next, or by such persons as shall be returned members thereof, and shall attend on that day; and by the Legisla- the said electors, previous to executing their appointment, shall, before his Excellency the Governor or Commander-in-chief for the time being, take the following oath or affirmation, viz. "I, A B, do solemnly swear or affirm, that I will faithfully and conscientiously discharge my duty as an elector of a President of the United States. So help me God."

ture.

In the Senate House, the fourth day of November, in the year of our Lord one thousand seven hundred and eighty-eight, and in the thirteenth 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. 1428. AN ACT FOR THE RELIEF OF CERTAIN PERSONS, CITIZENS OF THIS STATE, WHO ARE CREDITORS ON SIMPLE CONTRACT OF FOREIGNERS

Preamble.

The effects of deceased perdents, liable to

sons, not resi

be taken for debt.

WHO ARE DEAD.

WHEREAS, it is at all times difficult, and oftentimes impracticable, for persons who reside in this State, and carry on commerce in foreign parts, to obtain from their debtors bonds or other specialities for their respective demands, whereby an undue preference may be given to those creditors who, from their vicinity to the person so dying, may have liquidated their debts and obtained bonds for the same. And whereas, it is just and reasonable that the assets in this State should be answerable for the debts due to the citizens of the State, of what nature or kind soever the same may be ;

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 where any person (not a citizen of this State) has died, or shall die, already indebted to a citizen of this State, the assets and effects within the same, of such deceased person, being sufficient for the payment of all his debts, shall be liable to discharge the debts due the citizens of the State, in the same manner as if the same had been liquidated by bond or other specialty; any law, usage, or custom to the contrary notwithstanding.

In the Senate, Tuesday, the fourth day of November, in the year of our Lord one thousand seven hundred and eighty-eight, and in the thirteenth 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.

A. D. 1788.

AN ACT FOR PREVENTING THE TRANSPORTATION OF CONVICTED MALE- No. 1429. FACTORS FROM FOREIGN COUNTRIES INTO THIS STATE.

WHEREAS, the honorable the Congress of the United States, by their resolve of the sixteenth of September last, did recommend to the several States to pass proper laws for preventing the transportation of convicted malefactors from foreign countries into the United States, and the Legislature of this State have judged it expedient to comply therewith, to prevent a practice so injurious and affiontive to the American nation;

Preamble.

of convicts pro

I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the au-Transportation thority of the same, That every master or person having charge of any hibited. ship or other vessel, who shall hereafter bring into this State any convicted malefactor or person ordered for transportation for any crime or offence whatever, from any foreign country, State, or dominion, the ship or vessel bringing such persons shall be obliged to leave the port in which she shall arrive, within ten days after arrival, and shall not be permitted to take or receive on board any lading whatsoever, on pain of forfeiture of such ship or vessel; and if any master shall land, or suffer to be landed, or dispose of the time or service of such person for the payment of his passage, or any other claim or demand, such master of vessel or other person having the charge thereof, shall forfeit and pay for every convicted malefactor or person ordered for transportation, which such master shall bring into this State, and offer to dispose of on indenture, or other contract for service, the sum of five hundred pounds sterling.

sels to deliver

on oath their

II. And be it further enacted by the authority aforesaid, That every master of any vessel, or person having charge thereof, who shall bring Masters of vesinto this State any passenger or passengers, with intent to dispose of the time of service of such passenger or passengers, for payment of his or list of passentheir passage money, or any other claim, such master of vessel shall, and gers. he is hereby obliged to, deliver at the time of entering his vessel to the collector of the port where he shall enter, a list of all such persons whom he intends to dispose of for service, and a particular description of each, and the collector shall administer to him the following oath or affirmation, viz. “I, A B, do swear (or affirm) in the presence of Almighty God, that the Oath. passenger or passengers whom I have brought in my ship or vessel to be disposed of on service for payment of his, her, or their passage, is not, or are not, any of them, convicted malefactors, or persons ordered for transportation for any crime or offence whatever; but on the contrary, are, to the best of my information, belief, and knowledge, of good fame, character, and reputation; nor have I brought in my ship or vessel, with intent to be landed in this State, any person or persons whom I have reason to suspect is a convicted malefactor, or has been ordered for transportation for any crime or offence whatever. So help me God.”

III. And be it further enacted by the authority aforesaid, That if any master of any ship or other vessel shall dispose of any person for service Penalty. in this State, or shall land and put on shore any passenger suspected to be a convicted malefactor, before such captain or master has made oath as aforesaid, every such captain or master of such vessel shall forfeit and pay the sum of five hundred pounds for every person who shall be disposed of or put on shore contrary to the meaning and intention of this Act.

IV. And be it further enacted by the authority aforesaid, That in case

A. D. 1788.

How recoverable.

any captain or master of any ship or vessel, shall not, after conviction, be able to pay the penalty inflicted by this Act, he shall suffer twelve months close imprisonment.

V. And be it further enacted by the authority aforesaid, That the fines and forfeitures inflicted by this Act, shall and may be recovered by action of debt, bill, plaint, or indictment, to which any person offending shall be compelled to give security to abide the issue of the suit; a moiety or half part of which forfeiture shall go to the prosecutor who shall inform and sue for the same, and the other moiety or half part for the benefit of the State.

In the Senate, Tuesday, the fourth day of November, in the year of our Lord one thousand seven hundred and eighty-eight, and in the thirteenth 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. 1430. AN ACT to authorize Mathias Liverman to erect Bridges over Saltcatcher river, at or near Williams's Ford, and to vest a Toll, to be collected at the said Bridges, in the said Mathias Liverman, for a term therein mentioned.

No. 1431. AN ACT TO REGULATE THE PAYMENT AND RECOVERY OF DEBTS; AND THE IMPORTATION OF NEGROES FOR THE TIME THEREIN

Preamble.

Debts to be

ments.

TO PROHIBIT

LIMITED.

WHEREAS, the laws heretofore made concerning the recovery of debts are found inadequate to the relief of the distresses of the people of this 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 all debts whatsoever contracted previous to the first day of January, in the year of our Lord one thousand seven paid by instal- hundred and eighty-seven, (except debts hereinafter excepted,) shall be recoverable by instalments only, to be paid in proportion and manner hereinafter following, that is to say, that the debtor shall, on the twentyfifth day of March, in the year of our Lord one thousand seven hundred and eighty-nine, pay to his creditor one fifth part of the amount of the principal and interest of the debt; and shall, on the twenty-fifth day of March, in the year one thousand seven hundred and ninety, pay to his creditor one other fifth part of the debt, with the interest that shall have accrued on the said debt; and shall, on the twenty-fifth day of March, in the year one thousand seven hundred and ninety-one, pay to his creditor one other fifth part of such debt, with the interest which shall have accrued