enjoyned me as Comptroller or Waiter-so help me God: as also the A. D. 1721. oaths appointed by law, as the Treasurer by this Act is appointed to do. XXXI. And be it further enacted by the authority aforesaid, That the Treasurer shall, out of the same dutys so to be paid to him, have and of Treasurer. Compensation receive to his own proper use five pounds per cent. for all moneys he shall receive, and two and a half per cent. for all moneys he shall pay out of the sa ne dutys hereby ordered to be paid, during the time he shall continue to act as Treasurer of such dutys, in lieu of all salaries which are or have been allowed by any law or laws heretofore passed and enacted in this Province, any thing contained in such law or laws to the contrary thereof notwithstanding. XXXII. And be it further enacted by the authority aforesaid, That the several Acts and laws, and the several paragraphs and clauses of laws, Former Acts specified and enumerated and mentioned, declared to be repealed in an repealed, and how far. Act entituled an Act for laying an imposition on Negroes, Liquors and other Goods and Merchandizes, imported into and exported out of this Province, for raising a fund of money towards defraying the publick charges and expences of this Province, as also to repeal several Duty Acts and clauses and paragraphs of Acts, as is therein mentioned, ratified in open Assembly the twentieth day of March, one thousand seven hundred and eighteen-and also one other Act, entituled an Act to prohibit the exportation of Provisions and encourage the importation of the same, ratified in open Assembly the seventeenth day of December, one thousand seven hundred and twenty-together with the said laws, and every sentence, word, matter and thing in the said several Acts and laws, and in the said several paragraphs and clauses of laws, and also in the said laws, ratified as aforesaid, are hereby repealed, annulled, and made võid and of none effect, to all intents and purposes whatsoever, any thing in the above recited Acts and laws or in the said clauses of laws hereby repealed, to the contrary thereof in any wise notwithstanding. Provided nevertheless, that nothing in this Act contained shall extend to the repealing any clauses whereby the present Treasurer is made accountable for all or any of the moneys received or to be recovered and received by him by virtue of any of the said Acts or Laws, or for the exempting any person or persons from paying any sums of money due from them to the publick, for or by reason of the duties arising by any of the said Acts or laws, for which actions may have been already or hereafter may be commenced, any thing in this Act to the contrary owning home therewith, to notwithstanding. XXXIII. And be it further enacted by the authority aforesaid, That all negroes, liquors, goods, wares and merchandize, imported into this Inhabitants Province by any person or persons inhabitants of this Province, and no built vessels other, in any ship or vessel built in this Province, and the major part and trading owned by such person or persons as are actually inhabitants and resipay only half dents in this Province, that is to say, that have lived in this Province duties. for and during the space of twelve months together, before the importation of such goods, negroes, liquors, wares and merchandizes, and have actually paid tax assessed on them by virtue of any law of this Province, shall pay but one half of the dues or dutys laid or imposed by this Act, in proportion to the parts of the said ship or vessel so owned by them. XXXIV. And be it also enacted by the authority aforesaid, That all negroes, liquors, goods, wares and merchandizes, imported into this Province in any ship or vessel built in this Province, and whereof the owner or owners of any part of the said ship or vessel shall live out VOL. III.-22. A. D. 1721. vince to pay of this Province, the said negroes, liquors, goods, wares and merchandizes, shall pay three quarters of the dues and dutys laid and imposed Owners living by this Act; provided also, the said negroes, goods, wares or merchanout of the Pro- dize belong to the inhabitants of this Province, and not otherwise; and three quarters that all negros, liquors, goods, wares and merchandizes belonging to the said duty. inhabitants, imported into this Province in any ship or vessel solely owned in this Province and built elsewhere, the said negroes, liquors, goods, wares and merchandizes shall also only pay three quarters of the dues and duties laid and imposed by this Act. Provided also, that all such ships or vessels as are built and solely owned here, as likewise such ships or vessels built here and part owned here, as also all ships or vessels built abroad and solely owned here, do and shall produce a certificate or certificates that all such negroes which they shall so import into this Province are new negroes, and have not been on shoar in any of the colonies, islands, or any part of America, above the space of six months, as other masters, merchants or factors are required to do by virtue of this Act, as is herein before directed, or pay the aforesaid duty of fifty pounds, as also the full duty upon Spanish Indians, and the duty of fifteen pounds upon Fayal wines. To continue XXXV. And be it further enacted by the authority aforesaid, That this Act and every thing herein contained continue to be and remain in full for two years. force for two years, and from thence to the end of the next sessions of the General Assembly, and no longer. CHARLESTOWN, Sept. 21, 1721. JAMES MOORE, SPEAKER. Assented to by FR. NICHOLSON, Governour. Repealed by T. A. 4, section 30, No. 456. AN ORDINANCE to impower and direct the Commissioners of the Tax to pay the several Sums therein mentioned. (Passed March 10, 1721. Expired. The original not now to be found.) No. 457. AN ACT for repairing the Causey leading to Ashley river Ferry, and the Road from the South side of Ashley river to the Bridge of the North-east Branch of Stono river, and for investing the Ferry in Capt. Edmund Bellinger. (Passed March 10, 1721. The original not now to be found.) A. D. 1721. AN ACT FOR ERECTING THE SETTLEMENT AT WINYAW, IN CRAVEN No. 458. WHEREAS, the inhabitants at Winyaw, in Craven county, have by their petition to the General Assembly set forth, that they are so far distant from the next parish church to them, in Craven county, that they can receive no benefit by the same, and being desirous to have divine Preamble. worship established amongst them, according to the Church of England, pray that their Settlement may be erected into a parish; therefore, for gratifying so reasonable and pious a request and desire of the said inhabitants, and for promoting the knowledge of the Christian religion as professed in the Church of England, and worship of God in all parts of this Province, that so no persons inhabitants thereof may be destitute of enjoying the ordinances of God, appointed for their salvation, we 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 Council Winyaw to be and Assembly of this Province, and by the authority of the same, That a distinct parish by the name of the said inhabitants and Settlement at Winyaw, shall be and is hereby PrinceGeorge's declared to be from henceforth for ever a distinct parish by itself, and Parish. shall be called by the name of Prince George's Parish; and the said parish shall be bounded to the south-west on Santee river, and to the north-east on Cape Fear river, to the eastward on the ocean, and to the westward as far as it shall be inhabited by his Majesty's subjects. house to be II. And be it further enacted by the authority aforesaid, That the church and parsonage-house for the said parish, shall be built on such A church and part of the said Settlement as his Excellency the Governour and his parsonage Majesty's honourable Council shall agree upon, by and with the advice built. and consent of the major part of the inhabitants of the said Settlement or Parish, who are of the Church of England; and the said parish shall have and enjoy all the rights, priviledges and immunities as any parish in this Province doth or can have, hold or enjoy, by any law, custom or usage whatsoever. III. And be it further enacted by the authority aforesaid, That the rector or minister of the aforesaid parish, shall be elected and chosen as A Rector to be the other rectors or ministers of the several other parishes, by the Act for chosen, and to have a salary the establishment of Religious Worship in this Province, according to the of £150. Church of England, &c. ratified in open Assembly the thirtieth day of November, in the year of our Lord one thousand seven hundred and six, are ordered to be chosen; and shall have yearly paid to him and his lawful successors for ever, the sum of one hundred and fifty pounds, to be paid him in the same manner as other rectors and ministers of the several parishes are to be paid, and the publick Treasurer for the time being, is hereby authorized and required to pay the same, under the same penalties and forfeitures as for not paying the salaries due to other rectors or ministers of the several parishes of this Province; and the said rector or minister of the aforesaid parish, shall have and enjoy all such priviledges and advantages, and also shall be under all such rules and laws as the other rectors or ministers of the parishes are under. A. D. 1721. for any sum not IV. And least so good, pious and laudable an undertaking should fail for want of a sufficient number of contributions to raise money to build Commissioners the said parish church and parsonage house, and purchasing a glebe; Be to draw on the it further enacted by the authority aforesaid, That it shall be lawful for the public treasury commissioners hereafter named, by an order under their hands, to draw on the publick Treasurer of this Province, for any sum or sums of money not exceeding one thousand pounds, from time to time, as they shall become due to the artificers and labourers employed in building the said parish church and parsonage house, and for all materials that shall be purchased for the said purpose, to be paid by the said publick Treasurer out of the publick money that shall come to his hands; and the publick Treasurer for the time being, is hereby authorized and required to pay the same. V. And be it further enacted by the authority aforesaid, That Capt. Names of the Meredith Hughes, Mr. John Lane and Mr. John Hayes, being inhabitants commissioners. of the said Settlement of Winyaw, are hereby nominated and appointed to be the commissioners mentioned in this Act, and they, or the major part of them, are hereby impowered to exercise all the authorities and powers given them as commissioners by this Act, in the several parts thereof; and in case of the death, absence or resignation of any of the said commissioners, the remaining commissioners being summoned, or notice being another in case given them before they meet, at some convenient place, which commissioners as shall so meet upon such summons or notice given, or the major part of them, shall or may chuse a person or persons to be commissioner or commissioners in the room or place of such person or persons dead, gone off or resigning, as to them shall seem meet; which persons so chosen shall and are hereby declared to be commissioners of this Act. The major part of them may choose of a vacancy. be chosen for this Parish. VI. And be it further enacted by the authority aforesaid, That in all Two members future elections for Assembly men for this Province, there shall be of Assembly to writs directed to the church-wardens of the said parish, to chuse two members to represent them in the Commons House of Assembly, and as well the said members so chosen, as also the churchwardens and all other persons concerned in election of members, shall be subject to the same qualifications and restrictions as other persons concerned in elections are under, pursuant to the directions of an Act of Assembly of this Province, entituled an Act to ascertain the manner and form of electing Members to represent the Inhabitants of this Province in the Commons House of Assembly, and to appoint who shall be deemed and adjudged capable of chusing or being chosen Members of the said House, ratified in open Assembly the nineteenth day of September, in the year of our Lord one thousand seven hundred twenty and one; and all future writs directed to the church-wardens of the parish church of St. James Santee, for electing two members for the said parish, the words (and Winyaw) shall be left out, any thing in the before recited Act contained to the contrary notwithstanding. JA. MOORE, Speaker. CHARLESTOWN, South Carolina, March 10, 1721. Assented to by FR. NICHOLSON, Governour. A. D. 1722. AN ACT FOR THE RELIEF OF POOR DEBTORS. No. 459. WHEREAS, the strength and welfare of all countries (under God) consists in the number of its free inhabitants, especially in this Province, Preamble. which is a frontier, and lies more exposed to the incursions of the French and Spaniards, and their numerous Indians, than any other of his Majesty's Colonies: And whereas many of the white men in this Province are daily deserting this Settlement upon account of their debts, not being able to satisfy their creditors, which if not timely prevented will be of the utmost ill consequence, by rendering of us less capable of withstanding of our foreign and domestick enemies; for the preventing of so great an evil, we therefore pray your most sacred majesty that it may be enacted, onth that he is shall be dis I. And be it enacted by his Excellency Francis Nicholson, Esq. Governour, by and with the advice and consent of his Majesty's honourable That any person being in Council, and the Assembly of this Province, and by the authority of prison for any the same, That if any handicraft tradesman, or any other person what-debt above 40s. soever, shall be in prison on mean process or execution for any debt and shall make above forty-shillings current money, and hath no visible real or personal not worth 40s. estate, and shall make oath before any two justices of the Peace (being sterling, he both present together, the creditor being first personally summoned to charged of the appear at the same time) that he is not worth forty-shillings sterling debt and costs money, in any worldly substance, either in debts owing to him or other- of suit. wise howsoever, over and besides his wearing apparel, working tools and arms for muster, and if there be no person present that can prove the contrary, then such person shall by the direction of such justices, without form of trial, immediately be set at liberty, and shall stand forever discharged of all his debts so sued for and costs of suit or suits; but in case such person shall hereafter be discovered to have sworn falsely, he shall be indicted for perjury, and if convicted shall loose both his ears in the Pillory, and serve four years in one of the remote garrisons, and be liable to satisfie the debt. Provided nevertheless, this Act or any thing herein contained, shall extend to any debt or debts contracted before the twentieth of September now last past. the clerk of the II. And be it further enacted by the authority aforesaid, That the justices before whom such proceedings shall be had, shall put the same in writing Proceedings to under their hands, and return the same, if in the country, into the county be returned to and precinct Courts, and if within the jurisdictions of the Court of Com-Crown. mon Pleas in Charlestown, they shall lodge the same with the Clerk of the Crown and Peace, under pain of being fined ten pounds each, for their neglect, by the judges and justices of such Courts respectively. III. And be it further enacted by the authority aforesaid, That a clause in the Act for establishing county and precinct Courts, beginning in these A clause in an words (and whereas by the credit usually given in this Province,) and Act repealed. ending with these words (and serve four years as a soldier in one of the remote Garrisons) be and is hereby repealed. South Carolina, June 23, 1722. JA. MOORE, Speaker. Assented to by FR. NICHOLSON, Governour. |