strued or extended to any person or persons gone off from this Settlement, A. D. 1720. and not being actually resident in the same at the time when the copy of such writt shall be left at the house of such person as aforesaid, nor to extend to any debt, demand or action whatsoever, but what is herein before mentioned.

repealed.

II. And be it further enacted by the authority aforesaid, That the aforesaid Act, entituled an Act for the more speedy Commencement and A former Act Prosecution of Suits in Law in the Court of Common Pleas in this Province, be repealed, and the said Act, and every matter, clause and thing therein contained, is hereby repealed, annulled and made void, to all intents and purposes whatsoever. Provided, nevertheless, that all summonses taken out before the ratification of this Act, and all proceedings had, or hereafter to be had thereupon, shall be continued and remain of the same force and effect as if this Act had never been made, any thing therein contained to the contrary thereof in any wise notwithstanding.

III. And whereas, there is but one return day at each Court of Common Pleas, so that a writ of enquiry cannot be executed the same court, of damages. Jury to enquire which proves to be a great delay and charge to the client; Be it therefore enacted by the authority aforesaid, That at the same court the interlocutory judgment is obtained, the jury serving at the same court shall be summoned immediate, to try the several damages upon the several writs of enquiry intended to be executed that court, and give in their verdict thereon, any law, usage or custom to the contrary notwithstanding; provided, nevertheless, that execution be stayed for thirty days exclusive, next after the execution of such writs of enquiry.

IV. And whereas, great inconveniencies daily arise, and suits are much delayed, by the Marshal's neglect in not returning the process to him directed within a convenient time after service thereof; Be it therefore enacted by the authority aforesaid, That the Marshal of the Court of Common Pleas in this Settlement, for the time being, shall at all times after the ratification of this Act, return all writs and process to him directed, into the office kept by the clerk or clerks of the said court, for receiving such process, within two days after the service of the same, if the defendant or party on whom the process shall be served, shall live within six miles of Charlestown; and within six days after the service of such process, if the defendant or party on whom the same shall be served shall live above six miles from Charlestown aforesaid; and in case the said Marshal for the time being, shall neglect to return the writs and process aforesaid, in manner and form as is herein before directed, that then he shall be amerced by the Chief Justice of the said Court for the time being, at his discretion, according to the nature of the offence.

Duty of the

Marshal.

V. And be it further enacted, That the said Marshal for the time being, at the same time when he shall return Cepi Corpus on any writ Return of to him directed, shall endorse on the back of such writ, the name or Writs. names of such person or persons who shall become bail for the defendant, if the said defendant shall be let to bail, on pain of being amerced as aforesaid; and that all amerciaments on the Marshal shall be recovered in such manner as the Court shall think fit, and he paid to the church-wardens of St. Philip's, Charlestown, for the use of the poor of the said parish.

1 assent to this law, this 17th day of December, 1720.

JAMES MOORE.

A. D. 1721.

The preceding Act was confirmed by order of the Queen's most excellent Majesty, as Guardian of the Kingdom of Great Britain, and his Majesty's Lieutenant within the same, as appears by the following instrument, containing the order of her Majesty in Council upon the same, as follows.

At the Court of Kensington, the 21st day of July, 1732.

PRESENT

The QUEEN's most excellent Majesty, Guardian of the Kingdom of Great Britain, and his Majesty's Lieutenant within the same.

Lord Chancellor,

Earl Burlington,

Viscount Falmouth,

Lord Raymond,

Act No. 428.

Lord President,

Lord Chamberlain,

Duke of Kent,

Duke of Newcastle,

Mr. Chancellor of the Exchequer,
Sir Charles Wills.

WHEREAS, the Lords of the Committee of his Majesty's most honRatification of ourable Privy Council, have by their report this day read to her Majesty at this board, humbly offered to her Majesty an Act passed in the Province of South Carolina, on the 17th day of December, 1720, entituled an Act for the Amendment of the Law, with their opinion that the same was proper to be confirmed; Her Majesty was thereupon pleased, with the advice of his Majesty's Privy Council, to declare her approbation of the said Act, and pursuant to her Majesty's pleasure thereupon expressed, the said Act is hereby confirmed, finally enacted and ratified accordingly, whereof the Governour or Commander-in-Chief of his Majesty's said Province of South Carolina, for the time being, and all others whom it may concern, are to take notice, and govern themselves accordingly.

JA. VERNON.

No. 429. An Additional Act to an Act entituled An Additional Act to an Act for raising the Sum of Seventy Thousand Pounds on Lands and Negroes, and for discharging the Publick Debts.

(Passed February 17, 1720-1. The Acts referred to are No. 409 and No. 398. The original of this Act is not now to be found.)

No. 430. AN ACT FOR REVIVING AND CONTINUING THE SEVERAL ACTS THEREIN MENTIONED, WHICH ARE EXPIRED OR NEAR EXPIRING.

WHEREAS, divers of our temporary laws, which by experience have been found useful and beneficial to the publick of this Settlement, are some of them already expired and others very near expiring; therefore, for the reviving and continuing of the same,

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 freemen, now met at Charlestown in General Assembly, for the said Settlement, and by the authority of the same, That one Act of Assembly of this Settlement, entituled an Act for preventing Runaways deserting

this Government, ratified in open Assembly the fourth day of March, in A. D. 1721. the year of our Lord one thousand and seven hundred and one other Act entituled an Act for the encouragement of killing and destroying Beasts of Prey, ratified in open Assembly the eighth day of May, in the year of our Lord one thousand seven hundred and three-and one other Act entituled an Act to prevent the sale of Leather not sufficiently tanned, and the regulating the prices of Shoes, ratified in open Assembly the seventeenth day of September, in the year of our Lord one thousand seven hundred and three, (the fourth and fifth clauses or paragraphs of the said last mentioned Act, which relate to the prices of Shoes, only excepted)—and one other Act entituled an Act for raising a publick Store of Powder for the defence of this Province, ratified in open Assembly the twelfth day of July, in the year of our Lord one thousand seven hundred and seven-and one other Act entituled an Act to appoint and erect a Market in Charlestown, for the publick sale of Provisions, and against Regrators, Forestallers and Ingrossers, ratified in open Assembly the eighth day of April, in the year of our Lord one thousand seven hundred and ten-and one other Act entituled an Act for the better settling and regulating the Militia, ratified in open Assembly the thirtieth day of June, in the year of our Lord one thousand seven hundred and sixteen-and one other Act entituled an Act for the better ordering and settling the Pilotage, ratified in open Assembly the thirtieth day of December, in the year of our Lord one thousand seven hundred and sixteen-and all and every the said several Acts (except those two clauses or paragraphs only which relate to the prices of Shoes, as aforesaid) are hereby declared revived, continued and enacted to be of full force, for and during and unto the full term and time of three months after the passing of this Act, and from thence to the end of the first session of the next General Assembly after, and no longer.

II. And be it further enacted by the authority aforesaid, That one Act of Assembly of this settlement, entituled an Act to continue the Garrison at Savano town, and the two Scout boats appointed to be placed to the southward, ratified in open Assembly the fifth day of July, in the year of our Lord one thousand seven hundred and eighteen, so far forth only as the same relates to or any ways concerns the said garrisons and two scout boats, is hereby declared revived and continued, and enacted to be of full force, for and during and unto the full term and time of three months, after the passing of this Act, and from thence to the end of the first session of the next General Assembly after, and no longer.

III. And be it further enacted by the authority aforesaid, That one Act of Assembly of this Settlement, entituled an Act for the keeping and maintaining a Watch and good orders in Charlestown, passed in open Assembly the twelfth day of February in the year of our Lord one thousand seven hundred and nineteen, is hereby declared revived, continued, and enacted to be of full force, for and during and unto the full term and time of three months after the passing of this Act, and from thence to the end of the first session of the next General Assembly after, and no longer. And the assessors and commissioners for receiving the next tax are hereby impowered to rate the inhabitants of the said town their due proportion, towards defraying the charges of the said Watch, according as that Act directs.

I assent to this Law, February 17, 1720-1.

JA. MOORE.

The Acts No. 188*, 294, 341, 371, 399 and 409, continued for three months.

VOL. III.-16.

A. D. 1721.

No. 431.

AN ACT for Reviving and Continuing the several Acts within mentioned, which are expired or near expiring.

(Ratified April 28, 1721. By this Act, Nos. 118, 211, 294, 361, 370, 399, 409, are continued for three months; except a clause in 395, which is repealed by section 3 of 413. The original of this Act is not now to be found.)

No. 432. AN ACT to confirm and establish two Bridges, now standing, over the head of Ashley River, and for building another Bridge from the South side of the said river to Dorchester town.

(Ratified July 23, 1721. See last volume.)

No. 433. AN ACT FOR PREVenting the DESERTION OF INSOLVENT DEBTORs, and FOR THE BETTER SETTLING THE FRONTIERS OF THIS PROVINCE.

Passed at a General Assembly begun to be holden at Charlestown, the twentyseventh day of July, in the seventh year of the reign of our Sovereign Lord George, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c. Annoque Domini 1721, and continued by divers prorogations and adjournments to the 23d day of May, in the year of our Lord one thousand seven hundred and twenty-two, being the third session of the said General Assembly.

WHEREAS, notwithstanding the precautions taken for preventing the large credit given to the poorer sort of people, and more especially to loose, idle and disorderly persons, who, continually running in debt much Preamble. beyond what they are able to pay, daily desert the Province-which, if

than £30 sterl

three Runs.

not timely prevented, will expose this frontier colony to the incursion of the Indians, insurrection of Negroes, and make the same an easy prey to the invasion of any foreign enemy-We therefore humbly pray your most Sacred Majesty that it may be enacted,

I. And be it enacted by his Excellency Francis Nicholson, Esq., Governour, by and with the advice and consent of his Majesty's honourable Council and the Assembly of this Province, and by the authority of No civil writ the same, That no Mean Process, Writt or Execution, whatsoever, (unless to issue for less it be for a matter criminal,) shall run or be executed against any persons ing, beyond the living or residing beyond the three Runs, being about twenty miles on this side Fort Moore, for any debt, duties, contract or sum of money whatsoever, not exceeding the sum of thirty pounds sterling, or the value thereof in bills of credit of this Province, while such person be actually resident beyond the said three Runs; and if any such action shall be brought against any person whilst he is actually resident beyond the said three Runs, for any debt, duty, contract or sum of money whatsoever, under the value of thirty pounds sterling, and the real debt shall be bona fide under that value, the defendant shall have liberty to plead the general issue, if he

thinks fit, and give this Act and the special matter in evidence; or if the A. D. 1721. plaintiff shall recover less than the said sum or value of thirty pounds sterling, the same shall be a sufficient reason for the defendant to move in arrest of judgment, and the judges of any court in this Province, where the said action shall be pending, shall allow the same to be a sufficient reason to arrest the said judgment, and set the defendant at liberty forthwith, so that the same nevertheless shall not extend to an absolute release of the same debt; and the plaintiff' shall pay all the defendant's costs of suit, and the judges of any court shall award execution for such costs, as if judgment had been given for the defendant; and the Marshal executing any civil process against any such debtor, whilst living and actually resi ding beyond the said three Runs, shall forthwith refund all his fees and mileage to such debtor, by order of the said justices, under the pain of forty pounds current money, to be set on him by the said justices, to the use of his Majesty for the support of this Government.

II. And be it further enacted by the authority aforesaid, That the jus- Value of the tices of the court where such suit shall be pending shall judge of the value pound sterling. of the said thirty pounds sterling, according to the usual course of exchange then given.

III. And be it further enacted by the authority aforesaid, That if any Case where person, with an intent to evade this Act, shall cause any person to be criminal proapprehended by warrant on a suggestion of any criminal matter, in order cess is fraudu to bring such person within the reach of a civil process, and to subject lently sued out. him to an arrest for any debt, duty, contract or sum of money whatsoever, the Justices of the court from whence such civil process issued, shall examine the said matter ore tenus, either in court or without, and without form of tryal, and if they shall discover such deceipt they shall forthwith set the defendant at liberty; and if any person living and residing beyond the said three Runs shall be apprehended and brought down into the Settlement by virtue of any warrant for any criminal matter or supposed criminal matter, not extending to life or limb, he shall be exempt from all process and arrests as to any debt under the value of thirty pounds sterling during his being under actual prosecution for such criminal matter, and until he shall be discharged by due course of law from such criminal matter, and by the space of one month then next after.

affairs.

IV. And be it further enacted by the authority aforesaid, That the commissioners of Indian affairs shall, as soon as may be, cause to be laid A Town to be laid out by the out and plotted a Town and Common, at the charge of the publick, in the commissioners most convenient place at or near the said Savannah garrison, to be distrib- for Indian uted into lots to such persons who shall be minded to settle therein, and lands for the inhabitants to be purchased by the publick for that purpose, and that the said commissioners or surveyors do return such platt into the General Assembly as soon as they have finished the same. And the said commissioners for Indian affairs, or surveyors, for their better direction in the premises, are hereby required, as soon as may be, to platt out a Town to consist of three hundred half acre lots, but that all and every the said lots to be two hundred yards distant from the fort; and one thousand acres for a Common; and also with all convenient speed to set out and platt one hundred acres of land to each town lot.

raise cattle on

V. And whereas, for the better strengthening the Savannah Town, designed as a frontier to this Province, it will be necessary to hinder the No person to making of settlements on the western side of the Savannah river, for the other side the present, whereby the inhabitants of such plantations would be pre- of the Savan vented from readily joyning their forces for their mutual defence, ifnah River. attacked by an Indian enemy; Be it therefore enacted by the authority