A. D. 1721. aforesaid, That no person whatsoever shall raise or keep any stock of cattle, horses or hoggs, on the other side of the said Savannah river, the pasture now kept for the use of the said Garrison only excepted, under the penalty of forfeiting all such stock of cattle, horses and hoggs, and every of them, which shall be found on the other side the said Savannah river, to be recovered by information in any court of record in this Province, one half to his Majesty for the support of this Government, and the other half to the informer that will sue for the same, wherein no essoign, protection or wager of law shall be allowed or admitted of; and all persons living or settling beyond the said Savannah river, shall be excluded the benefit of this Act. Good fences to be kept up. Act for 7 years VI. And whereas, it will be necessary that the lands planted at the Savannah town be fenced in, that small stocks may be raised to support the inhabitants thereof and their families; Be it therefore enacted by the authority aforesaid, That all persons residing there and planting any ground, shall have and keep a good, strong and sufficient fence, six foot high, about all sorts of provisions belonging to the publick or otherwise, and shall from time to time maintain and keep the same in repair, and be lyable to all such fines, penalties and forfeitures, and to be recovered after the same manner, as is directed by an Act entituled an Act for making sufficient Fences and keeping the same in repair, ratified in open Assembly the 20th day of June, 1694. VII. And be it further enacted by the authority aforesaid, That all Benefit of this, and every person whatsoever living and residing beyond the said three to person resi Runs, on this side the said Savannah river, shall have the benefit of this ding beyond Act for the space of seven years next after his first residing beyond the said three Runs, so that the said debt at his first residing did not exceed the said sum of thirty pounds sterling. the 3 Runs. VIII. And be it further enacted by the authority aforesaid, That all To muster only persons residing within the limits prescribed by this Law, shall muster under their own officers, only under their respective officers commissionated for that purpose, any thing or matter contained in any other law to the contrary in any wise notwithstanding. from taxes. IX. And be it further enacted by the authority aforesaid, That all persons living and actually residing beyond the said three Runs, on this from boxexempt side the said Savannah river, shall be exempted from all taxes and assessments for the lands, goods and effects which they are possessed of within the said limits, and that the cattle and produce of this country belonging to such persons who shall reside within the said limits, which shall be coming or brought from thence to market to be sold, shall be exempted from all attachments and other process or executions, if the debt at his first residing be under the said sum of thirty pounds sterling. Ratified July 27, 1721. Only a part of this Act can now be found. Neither this or the preceding Act are noticed by Trott or Grimke. A. D. 1721. AN ACT FOR A MOST JOYFUL AND JUST RECOGNITION OF THE IMMEDIATE, No. 434. WHEREAS, your most Sacred Majesty hath been graciously pleased, at the humble desire and request of your faithful subjects of this Province of South Carolina, to take the same under your Majesty's most gracious Preamble and immediate government and protection, and have also been graciously pleased to commissionate under the great seal of Great Britain, Francis Nicholson, Esq. your Majesty's Captain General and Governour in Chief, in and over the same, with full powers to call a General Assembly, &c. to the great satisfaction and joy of your said faithful subjects, who after your Majesty's said Governour's arrival in this Province, and your Majesty's commission to him published, did with one voice and heart acknowledge your Majesty's most lawful and undoubted right to this your Province of South Carolina, by our general and unspeakable rejoycing, and by loyal and affectionate addresses by persons of all degrees and qualities whatsoever, and by all other possible means have endeavoured to demonstrate our inward love, zeal and affection to your most sacred Majesty; yet as we cannot too often or enough express our thanks and gratitude for the same, we humbly pray that it may be enacted and declared by your most sacred Majesty, by and with the consent of the Governour, Council and Assembly, now met at Charlestown for the Province of South Carolina, and declared. I. And be it enacted and declared by the authority of the same, That we do recognize and acknowledge that your most sacred Majesty King His Majesty GEORGE, was, is and ought to be of right, and by the laws of Great Britain King George is Sovereign Lord and King of Great Britain, France and Ireland, and all acknowledged other the dominions and countries thereunto belonging, as well de jure, that is of right, as de facto, that is in possession and exercise of the Government, in and to whose princely person the royal state, crown and dignity of the said Realms and dominions, with all honours, stiles, titles, regalties, prerogatives, powers, jurisdictions and authorities, to the same belonging and appertaining, are most fully, rightfully and entirely invested and incorporated, united and annexed. CHARLESTOWN, August 18, 1721. JAMES MOORE, Speaker. Assented to by FRANCIS NICHOLSON, Governour. AN ACT FOR ESTABLISHING THE TRANQUILLITY OF HIS MAJESTY'S No. 435. PROVINCE OF SOUTH CAROLINA. WHEREAS, his most Sacred Majesty King George, did upon the humble application of the inhabitants of this Province for that purpose, Preamble. graciously take the government thereof to himself, by sending his Excellency Francis Nicholson, Esq. his provisional Governour, with full powers, instructions and authorities, to establish the peace and tranquillity thereof, A. D. 1721. All personal actions com. menced under the administra tion of the Hon. J. Moore, de clared void till his Majesty's pleasure is known. as by his Excellency's commission under the great seal of Great Britain, bearing date the twenty-sixth of September, in the year of our Lord one thousand seven hundred and twenty, and in the seventh year of his Majesty's reign, may more at large appear; and whereas, actions and suits at law may be commenced and carried on upon account of the late adminis. tration of Colonel James Moore, by particular persons, to the creating of misunderstanding and animosities between his Majesty's good subjects in this Province, contrary to his Majesty's royal intention, who has upon all occasions recommended love and unity amongst his loyal subjects: May it therefore please 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 the same, That all personal actions, suits, molestations and prosecutions whatsoever, now brought or commenced, or that may hereafter be brought and commenced, against any person or persons whatsoever, for or by reason of any matter or thing, whether civil, ecclesiastical or military, commanded, appointed, happened or done, by or in pursuance of the said late administration of Colonel James Moore, or in pursuance and according to the directions and tenor of the several Acts or Ordinances passed in the said late administration, or by virtue of any other Act or Acts of the Assembly before that time made, be, and are hereby discharged and made void, as if no such actions had ever been brought; and that all and every person and persons whatsoever, that shall hereafter commence or prosecute any action or actions against any person or persons whatsoever, on account of the premisses, are hereby barred and excluded, until his Majesty's royal will and pleasure shall be fully known thereupon; and also that every person or persons so sued or molested may plead the general issue, and give this Act, or the aforesaid Acts or Ordinances, or the special matter, in evidence; and if the plaintiff should become nonsuit, or forbear further prosecution, or suffer discontinuance, or if a verdict pass against him or them, the defendant shall recover his double costs, for which he shall have the like remedy as in case where costs are given to the defendant by law, CHARLESTOWN, August 18, 1721. JA. MOORE, Speaker. Assented to by FR. NICHOLSON, Governour. No. 436. AN ACT FOR CONFIRMING AND CONTINUING THE SEVERAL ACTS THEREIN MENTIONED, AND FOR COLLECTING THE ARREARS OF TAXES, AND CON- (The original of this Act is not now to be found. What follows is copied from Trott's Laws of South Carolina, p. 351.) Parag. I. and II. Obsolete. III. And be it further enacted by the authority aforesaid, That all proceedings and executions heretofore issued for levying the said taxes, and also all other judicial proceedings whatsoever, begun, continued or ended, in any of the Courts of Judicature in this Province, under the late administration of the said Honourable James Moore, Esq. be and A. D. 1721. are hereby confirmed until his Majesty's pleasure be fully known in relation thereto. IV. Provided nevertheless, That nothing in this Act shall debar or be construed to debar or hinder any person or persons from having or suing for relief, in the Court of Chancery, in matters wherein the parties could not be retrievable at common law, or from sueing or prosecuting any writ or writs of error, on any judgment or judgments had or obtained in any of the said Courts (if any such there be) or be foreclosed for want of suing the said writs of error, in point of time, during the said late administration. Charlestown, August 18, 1721. JA. MOORE, SPEAKER. Assented to by FR. NICHOLSON, Governour. At a General Assembly begun at Charlestown the twenty-seventh day of July, AN ORDINANCE PASSED BY THE GENERAL ASSEMBLY, AUGUST THE No. 437. IT is hereby ordered by the present General Assembly, That the several persons whose names are mentioned in the lists hereunto annexed, be and are hereby appointed to serve as Jury-Men for special Courts and Sessions, pursuant to several Acts in that case made and provided. CHARLESTOWN, August 25, 1721. JA. MOORE, Speaker. Assented to by FR. NICHOLSON, Governour. At a General Aseembly begun at Charlestown, the twenty-seventh day of AN ACT FOR PREVENTING, AS MUCH AS MAY BE, THE SPREADING OF WHEREAS, great numbers of the inhabitants of this Province have been destroyed by malignant and contagious distempers and diseases, brought thereinto from sundry parts abroad, to prevent which for the time to come, we humbly pray his most sacred majestie, 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 Majestie's honourable No. 438. A. D. 1721. there is any contagious distemper on board, Council and Assembly of this Province, and by the authority of the same, That the pilots belonging to this Province, do upon their respective enterThat the Pilot ing on board any ship, sloop or other vessel, designed for this Province, going on board diligently enquire of every master or commander of the same, whether any vessel, shall enquire if any plague, malignant fever, small pox, or other contagious distempers, be on board his said vessel, and every master or commander is hereby obliged to give without equivocation or reserve, true and faithful answers to all enquiries of the said pilots concerning the same; and the said pilots is hereby required and commanded to acquaint the master or commander of every vessel, that he shall not himself nor suffer any of his men or passengers to come on shore from on board his said vessel, neither shall the pilot bring the master, men, or any of the passengers in his boat on shore from on board of any such vessel, until the said vessel be first admitted by the Governour to enter and trade, but shall (wind and tide permitting) bring the said ship or vessel above Johnson's Fort, so that she may be under the command of the guns of the said Fort. II. And be it further enacted by the authority aforesaid, That the said And shall order pilot or pilots having duly made the enquiries aforesaid, shall order the the said vessel said vessel brought into the said port to come to an anchor or lye by at a to an anchor convenient place within the command of the guns of Johnson's fort as within the command of the aforesaid, and shall direct the said master or commander of the said vessel guns at John- to make immediate application to the commander of the said fort, as hereson's Fort. inafter is directed; and in case the pilot shall through neglect, or for any other cause whatsoever, not punctually observe to perform his duty herein Penalty on the specified, for every such neglect shall forfeit twenty pounds current money Pilot neglecting of this Province, to be paid to the publick Receiver for the time being, for his duty. the use of the publick, who is hereby authorized to sue for and recover the same, by bill, plaint or information, in any court of record in this Province, wherein no essoign, priviledge, protection or wager of law, shall be allowed. Questions to be answered on oath. III. And be it further enacted by the authority aforesaid, That if the said master of the said ship or vessel so brought to an anchor or lying by as aforesaid, is incapable to repair to the said fort, to make oath to the commander of the said fort, with respect to the health of the said vessel's crew, and all persons, passengers and negroes whatsoever, on board the same, that then and in such case the doctor, if any do belong to the said vessel, with another officer, or an officer and common sailor where there is no doctor, shall apply themselves to the commanding officer of the said fort, and answer to the following questions on oath, that is to say, Whether the place from whence the said vessel came last was healthy? Whether all the persons, passengers and negroes, imported in the said vessel, are in health, and free from small-pox, plague, fevers and all other malignant distempers? Whether any died in the voyage? and if so, What distempers they died of, and how long since? Which oaths the commanding officer of the said fort is hereby required and authorized to administer accordingly. IV. And be it further enacted by the authority aforesaid, That if When the the commanding officer of Johnson's fort be satisfied that the said ship's vessel shall be permitted to crew, passengers and negroes, be in good state of health, then he shall percome before mit and suffer the said vessel to come up before Charlestown; and being Charlestown. there arrived, the master or commander shall forthwith come on shore at Charlestown, and immediately attend his Excellency Francis Nicholson, Esq. Governour of this Province, or the Governour for the time being, or in his absence the Commander-in-Chief residing in Charlestown, there by him to be examined on oath, and to answer all such questions as his Excellency the Governour for the time being, or the said commanding officer |