every of them so offending, shall forfeit and pay, for the use of the publick, A. D. 1719. to the publick Receiver for the time being, the sum of one thousand pounds current money of this Settlement, to be recovered by action of debt, bill, plaint, information, or otherwise, in any of the courts of record within the said Settlement, wherein uo protection, wager of law, privilege, or essoign, or more than one imparlance, shall be allowed.

II. And for the better encouragement of persons discovering where the said publick records are concealed, Be it further enacted by the authority aforesaid, That all and every person or persons who shall make discovery where the records aforesaid are concealed, and by whom such records are concealed, at any time since the said twenty-first day of December last, or hereafter, so as the said records may be had, and the said persons so by him or them charged shall be thereof duly convicted, by verdict or confession, shall be entitled to the sum of one hundred pounds current money of the said Settlement, to be paid out of the publick treasury by the publick Receiver, who is hereby required to pay the same forthwith, upon such person's producing a certificate of the conviction of the persons so by them proved as aforesaid, from the said judges of such court of record.

I do assent to this Act, this 12th day of February, A. D. 1719.

JA. MOORE.

AN ACT FOR THE BETTER REGULATING COURTS OF JUSTICE. (Passed February 12, 1719-20. The original not now to be found.)

No. 406.

AN ACT FOR THE SPEEDY RECOVERY OF SMALL DEBTS OUT OF COURT,
BEFORE A SINGLE JUSTICE OF THE PEACE.

FORASMUCH as it is requisite that there be some remedy for the recovery of small debts,

No. 407.

cwt. of merch

one Justice of

I. Be it enacted by the Honourable James Moore, Esq. Governour, by and with the advice and consent of the Council and Representatives of the inhabitants of this settlement in South Carolina, now assembled at Charlestown, and by the authority of the same, That in all cases wherein the real Where debt or debt or damage doth not exceed the value of four hundred weight of good damage doth and merchantable rice, it shall and may be lawful for any one Justice of not exceed four the Peace, and he is hereby impowered, to issue his warrant, directed to antable rice, any lawful marshal or constable, to summons the defendant to appear once has full before him, at such time and place as he shall appoint, and upon full hear-jurisdiction, and ing and good evidence, he shall give his judgement in the matter, which the cause may shall be final and conclusive to both plaintiff and defendant, without further proceed in the usual way. appeal. And in case of non-appearance, upon warrant duely served, being so returned by the constable, and affidavit made thereof, such Justice may and is hereby impowered and required to pronounce judgement by default, as is used in the court of common pleas, and after judgement given in any case may grant an execution against the body or against the goods of the defendant, directed to the marshal or other officer as aforesaid, to levy the said fine, debt or damage, with charges thereupon, as is usual for the recovery of larger sums; and such officer, by virtue thereof, shall expose the

A. D. 1719.

ant denies the debt.

same goods to sale, returning the overplus, if any be, to the defendant. And in case such complainant be non-suited, or judgement pass against him, then the said Justice is hereby impowered to assess to the defendant reasonable costs against such complainant, to be levied and recovered in manner and form above expressed.

II. And be it further enacted by the authority aforesaid, That the oath In case defend- of the plaintiff, if the magistrate hath reason to believe the same to be true, shall be deemed sufficient to prove the defendant's debt; but in case the defendant shall deny the same upon oath, then the plaintiff shall be obliged to produce some white person or free man to prove the said debt. I do assent to this Act, this 12th day of February, A. D. 1719. JA. MOORE.

No. 408. AN ACT FOR PRESERVING THE Arms, AmmUNITION, AND other WarLIKE STORES BELONGING TO THE PUBLICK OF THIS SETTLEMENT.

Preamble.

Commander of

every company

notice.

WHEREAS, the Publick of this Settlement, from the royal bounty of his gracious Majesty King George, has received a good quantity of arms, ammunition and other warlike stores, sent hither for the defence of the same, besides which the said Settlement has been at great expences to buy and procure great quantities of arms and warlike stores for the said purpose, which for want of sufficient power in some person to recover such as have been lent out, and to get such as remain in the magazine mended, cleaned, and kept in good order, will be either imbezelled or spoiled with rust, to the great loss and endangering the safety of this Settlement;

I. Be it therefore enacted by the Honourable James Moore, Esq. Governour of this Settlement, by and with the advice and consent of the Council and the Representatives of the freemen, now met at Charlestown, in General Assembly, for the said Settlement, and by the authority of the same, That immediately after the passing of this Act, upon the Governor's issuing out of his order for that purpose to the commander of every comto give public pany of the militia in this settlement, he shall publish and advertise at the head of their respective companies that all persons whatsoever having any of the publick arms or accoutrements, on any pretence whatsoever, shall, in the space of two months after such advertisement, bring all such publick arms and accoutrements to the respective commanders aforesaid. And in case any person or persons whatsoever, after the expiration of the said time, shall be found to have any of the said arms or accoutrements in his or their custody, the same shall be seized by a warrant under the hand and seal of the said commanders, directed to the serjeants of their respective companies where such arms and accoutrements are concealed, who shall bring the said arms and accoutrements to the said commanders, as also the person or persons concealing the same, who being thereof convicted, by the oath of one witness, shall forfeit the sum of forty shillings for each such arms or accoutrements, to be recovered and disposed of as is hereafter directed; and the commander aforesaid shall, by the first opportunity, send such arms, so by him recovered or received, to the commander of the Magazine in Charlestown, taking his receipt for the same.

Arms, &c. when found, to be seized.

II. And for the more effectual getting the publick arms that were from time to time delivered out or lent, Be it further enacted by the authority aforesaid, That the commander or keeper of the Magazine in Charlestown, shall make an extract out of the books and vouchers of the late

examined to

keepers of the Magazine, that is to say, duf of the books and vouchers of A. D. 1719. Capt. Matthew Porter, deceased, and of Major William Blakewey, late commander of the said Magazine, and likewise out of the books and vouch- Books and ers of any other persons whatsoever, and divide the said extract, into as vouchers to be many parts as there are companies in this Settlement, and transmit a copy discover who of the same to the captain or commanding officer of each company; so far are liable for as relates to the said company, requiring him to make enquiry of the perms, &c. sons mentioned in the said extract (if living,) or of their executors or administrators (if dead,) what became of the publick arms or accoutrements mentioned therein, and how the same were disposed of, or whether they paid for the said arms, and to whom, and at what price; and the commanding officer aforesaid is hereby impowered to administer an oath to the party concerned or mentioned, to declare his knowledge concerning the same. And the said commanding officer is hereby ordered to return in writing an account of his proceeding herein, to the keeper of the Magazine aforesaid, to be by him laid before the Commons House of Assembly at their next meeting. And any person or persons neglecting or failing to pay due obedience to what is required or enjoyned them herein, shall forfeit the sum of ten pounds, to be recovered and disposed of as is hereafter directed.

III. And that there may be a proper method prescribed for the issuing or delivering out of arms, ammunition or other warlike stores, Be it Commander in further enacted, That the Honourable the Governour or the Commander- Chief to deliver in-Chief of this Settlement for the time being, upon all necessary occasions out arms, &c. specifying for or other emergencies, shall direct a warrant or order under his hand (a what purpose. copy of which shall remain filed in the Secretary's office,) directed to the said keeper of the Magazine, to deliver out such and so many arms, ammunition, and other warlike stores, then in his custody, mentioning therein to what use or service the same are designed; and if the same be mentioned to be for any publick service, then the person or persons receiving the same shall give a promissory note to the keeper of the Magazine, obliging himself to render him a true and faithful account how, and after what manner, and to what use, the same were applied, when it shall be demanded of him, that the same may be laid before the next Assembly. And in case any person or persons, inhabitants of this Settlement, shall procure a warrant or order as aforesaid for any arms, ammunition, or other warlike stores, for the safeguard of his family, then the keeper of the Magazine is hereby required to take a bond, on penalty of treble the value of such arms, ammunition or other warlike stores, of such inhabitants, on condition to return the same, or such like arms, ammunition and other warlike stores, in as good order and of the same value as the same were delivered to him or them, whensoever the same shall be demanded of him or them by an order of the Governour or Commander-in-Chief aforesaid.

IV. And be it further enacted, That it shall not be lawful for any person No person to or persons, on any pretence whatsoever, to make sale of or transport out transport arms, of this Settlement by way of loan, or other ways, any of the publick &c. out of this arms, ammunition or other warlike stores, under penalty of five hundred Province, on pounds, except the same be done by ordinance of the General Assembly, under penalty and except in case of a publick enemy or pirate being on the coast.

any pretence,

of £500.

V. And that the said arms may be always kept in good order, Be it enacted, That the keeper of the Magazine shall provide a convenient and A magazine secure place or magazine, fitted up for keeping the same in, and shall be and armourer provided. allowed fifty pounds yearly for the rent of the said place; and Col. Michael Brewton shall be Armourer, for cleaning, mending and keeping the said arms, cartouch boxes and belts, in good order and fit for service, and shall

A. D. 1719. be paid for the same yearly the sum of one hundred and fifty pounds current money, upon a certificate under the hands of a committee of the House of Commons, of the true performance of his work, directed to the publick treasurer, which sum he is hereby required to pay accordingly.

V1. Whereas, several of the great guns on the front line of CharlesOffence of plugging or town, and likewise the carriages of and belonging to the same, have of overseagate, by some disorderly persons, been overset, and some of them turned carmen, &c. off and thrown quite down the bank before the said line, and some of the said guns plugged up, and the piles and plank taken and carried away by such persons; for the prevention whereof for the future, Be it enacted by the authority aforesaid, That whatsoever person or persons shall hereafter, by the oath of one or more credible witness or witnesses, be convicted of oversetting any one or more of the great guns belonging to the fortifications of Charlestown, or plugging any of them up, or removing the same from their places, or the carriage or carriages thereunto belonging, (other than such persons who are or shall by law be impowered so to do,) shall, each person, for every such offence of plugging up, oversetting or removing each gun or carriage, or taking away the said piles or plank, as aforesaid, or doing any other damage to the same, not only make good the said damage by him and every of them so done thereunto, but put each gun and carriage in the place from whence the same was by him or them removed, and likewise forfeit the sum of forty shillings current money, to be recovered on complaint made to any one Justice of the Peace in Charlestown; and in case of failure of payment, the said Justice is hereby impowered forthwith to commit such offender to prison, there to remain for the space of three days, and in case he shall not pay the same in three days, together with the charges, the said Justice is hereby impowered to order the said person or persons to suffer corporal punishment, by each of them receiving twenty stripes on his bare back, to be inflicted and laid on by any white person belonging to the commander of the said fortifications, and he to tie the said person so offending, to one of the great guns there, in order to the inflicting the said punishment hereby enjoyned.

Penalty.

Suit may be

VII. And be it further enacted, That all manner of actions and suits, fines, forfeitures or penalties, that shall be commenced or prosecuted brought under according to this Act, if the same be above the value of forty shilthis Act in any lings, it shall be sued and recovered by action of debt, bill, plaint or court of record. information, in any court of record in this Settlement, wherein no essoign,

protection, priviledge of law or injunction, shall be admitted or allowed of; one half of which forfeitures so recovered shall be applyed to the buying and restoring the arms to the publick magazine, in the room of those lost or imbezelled, and the other half to him or them that shall sue for the same; and if the said sum, so to be sued for, do not exceed forty shillings, then the same is to be recovered as is directed by the Act for the trial of small and mean causes, and after the same is recovered, then to be disposed of as is above directed,

I do assent to this Act, this 12th day of February, A. D. 1719.

JA. MOORE.

No. 409. AN ACT for keeping and maintaining a Watch and good orders in

Charlestown.

(Passed February 12, 1719-20. The original not now to be found.

AN ACT for cutting and clearing a Creek from the head of Back
River, over against the Landing of Major David Durham, to the
Bridge near the Plantation of Capt. Roger Moore, in the Parish of
St. James Goose-Creek.

(Passed February 12, 1719-20. The original is dated 12 Feb. 1719. See last volume.)

A. D. 1719.

No. 410.

AN ACT for the making of a Road or Highway from Johnson's Fort on James Island, to the West end of the Causey leading to Wappoo Bridge, and from the said Causey into the high road leading from the Plantation of William Gibbs to the Church of St. Andrew, on the South side of Ashley River; and for explaining the first clause of an Act of Assembly of this Settlement, ratified the tenth day of November, 1711, relating to the cutting and making a path out from the Road on the North side of Ashley River, to the town of Wilton in Colleton county.

(Passed February 12, 1719. follows No. 305. See last volume.)

The Act referred to has no number: it

No. 411.

AN ACT for continuing the Road on the South side of Ashley River from the Creek commonly called Jacob's or Wait's Creek to Westo Savanna inclusive.

(Passed February 12, 1719-20. See last volume.)

No. 412.1

AN ACT for reviving and continuing the several Acts therein mentioned, No. 413. which are expired or near expiring; and likewise for repealing one clause of another Act therein named; and also for declaring some other laws heretofore passed in this settlement of South Carolina to be of full force within the same.

(Ratified February 12, 1719-20. By this Act, of which the original is not now to be found, the Acts No. 213, 317, 349, 361, are revived and continued for two years; the Act No. 399, revived and continued for one year; the clause mentioned in the Act No. 395, repealed. The whole of Act 395, with other Acts, was repealed by an instrument under the several hands of the Lords Proprietors, and under the great seal of the Province, dated July 24, 1719, and exemplified after the title of Act 395. The Acts No. 106, 259, 395, 394, are hereby declared in full force.

The Act No. 259, was repealed by an instrument under the several hands of the Lords Proprietors, and under the great seal of the Province, dated July 22, 1718, exemplified at No. 385. And the Acts No. 394, 395, are repealed by an instrument under the hands of the Lords Proprietors, dated July 24, 1719, exemplified at No. 395.