A. D. 1722. shall be sued and commenced in six months after such breach, and not after; and that this Act shall continue and be in force, for and during the space of three years from the ratification thereof, and from thence to the end of the next session of the General Assembly, and no longer.

JA. MOORE, Speaker.

Council Chamber, Charles City and Port, February 23, 1722.

Assented to by FR. NICHOLSON, Governour.

No. 478. AN ACT FOR SETTLING A FAIR AND MARKETS IN CHILDSBERRY TOWN IN ST. JOHN'S PARISH, IN BERKLEY COUNTY.

Preamble.

WHEREAS, James Child, of Berkley County, Planter, by his last will and testament, duely proved and recorded, and remaining of record in the Secretary's office of this Province, did give and grant five hundred acres of land for ever, as a Common, to be laid out adjoining to the town commonly called Childsberry, as also the sum of six hundred pounds, to be placed out at interest for ever, towards the maintenance and support of a Free School, to be erected and built in the said town, as also a place for holding a Market in the said town; and whereas, the inhabitants of the said town are very much incommoded, as well for want of certain market days in each week, to be appointed for Childsberry town, in the said parish, as for want of publick fairs to be held and kept there, at least twice in every year, for exposing to sale horses, cattle and merchandize; for remedy whereof, and for the better encouraging the settling of Childsberry town, and that trade and commerce may be encouraged and encreased, we most 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 Public markets Council and the Assembly of this Province, That there shall be held and to be held twice kept in Childsberry town aforesaid, upon every Tuesday and Saturday in

a week in

Childsberry

Town.

Two Fairs to be kept annually in said town.

the week, publick and open markets, to which markets it shall and may be lawful to and for all and every the inhabitants and sojourners of this Province to go, frequent and resort, and thither to carry all sorts of cattle, grain and victuals, provisions and other necessaries, together with all sorts of merchandizes whatsoever, and at the publick market place already assigned and appointed for that purpose, them to expose to sale or barter, in gross or by retail, between sun-rising and sun-setting of the same days, without payment of any toll for three years, or any other let or hindrance

or molestation whatsoever.

II. And be it further enacted by the authority aforesaid, That there shall be likewise held and kept in Childsberry town aforesaid, two Fairs in each year, the first Fair annually to begin and commence the third Tuesday in May, in every year, and to end upon the Friday then next following, being in all four days inclusive, and no longer, and the second Fair to begin and commence the last Tuesday in October, in every year, and to end upon the Friday then next following, being in all four days inclusive, and no longer; to which Fairs it shall and may be lawful for all and every person or persons, inhabitants, strangers or sojourners of this Province, to the said Fairs to go, frequent and resort, and thither to carry or

cause to be carrried, all sorts of cattle, horses, mares, colts, grain, victuals, A. D. 1723. provisions and other necessaries, together with all sorts of merchandizes, of what nature soever, and them to expose to sale or barter in gross or by retail, at the time, hours and seasons that the director or rulers of the said Fairs for the time shall proclaim and appoint; which Fairs shall be holden, together with a Court of Pipowders, and with all liberties and free customs to such Fairs appertaining, or which ought or may appertain, according to the usage and customs of Fairs holden in that part of his Majesty's realm of Great Britain called South Britain or England.

hold a Court of

III. And for the more regular government of the said several Fairs, his Excellency the Governour or Commander in chief of this Province for Director or the time being, is humbly desired and impowered to commissionate and Rulers of the appoint such person or persons as he shall think fit to be director or rulers said Fairs to of the said Fairs, as also a clerk of the market, which director or rulers Pipowder. so appointed and commissionated as aforesaid, is hereby authorized and impowered to have and hold a Court of Pipowder, together with all liberty and free custom to such appertaining; and that they and every of them may have and hold there, at their and every of their respective courts, from day to day, and hour to hour, from time to time, upon all occasions, plaints and pleas of a Court of Pipowders, together with all summons, attachments, arrests, issues, fines, redemptions and commodities, and other rights whatsoever, to the same Court of Pipowders appertaining, without any impediment, let or hindrance whatsoever. Provided always, that the director or rulers of the Fairs aforesaid, shall publish or cause to be published within and without the liberties of the said Fairs, at the beginning of the Fair, how long that Fair shall endure, to the intent merchants and others shall not be at the said Fairs over the time so published, upon pain of being fined for the same.

fees and duties.

IV. And for preventing of any abuse in the aforesaid Fairs, Be it further enacted by the authority aforesaid, That the director or rulers of What they are the said Fairs shall yearly appoint and limit out a special and certain to observe. open place within Childsberry town aforesaid, on both or either of the publick squares, where the said Fairs shall be held and kept, where horses, mares, colts, geldings and cattle may be sold; in which said certain and open place there shall be, by the director or rulers aforesaid, put in and appointed one sufficient person or more, to take toll, and keep the same place from nine of the clock in the morning until sun-set of every day of the aforesaid Fairs, upon pain to lose and forfeit upon every default the sum of ten pounds current money; and that every toll-gatherer, his deputy Toll-gatherer's or deputies, shall, during the time of every of the said Fairs, take the sum of two shillings and six pence, due and lawful toll, for every horse, mare, gelding or colt, or cattle, and ten shillings for every slave, and six pence for every hog, sheep and calf, sold within the said Fair between the hours of nine o'clock in the morning and sun-set of the same day, and shall have present before him or them, at the taking of the same toll, the parties of the bargain, exchange, gift, contract or putting away every such horse, mare, gelding, colt or slave, and also the same horse, mare, gelding, colt or slave so sold, exchanged or put away, and shall then write or cause to be written in a book to be kept for that purpose, the names, sirnames and dwelling places of all the said parties, and the colour, with one special mark at least, of every such horse, mare, gelding, colt or other cattle, and the name or some noted description of the slave, on pain to forfeit for every default contrary to the intent hereof, the sum of fifty pounds; and the said toll-gatherer or keeper of the said book shall, within two days after such Fair, bring and deliver his said book to the director or rulers of the said

A. D. 1723. Fair, who shall then cause a note to be made of the true numbers of all horses, mares, geldings, colts, cattle or slaves sold at the said Fair, and shall there subscribe his name, upon pain to him that shall make default thereof to lose and forfeit for every default the sum of fifty pounds, and also to answer to the party grieved by reason of the same his negligence, in every behalf.

V. And be it further enacted by the authority aforesaid, That no No person to be person during the time of holding and keeping the said Fairs shall be the time or liable to be taken at the said Fairs by virtue of any process, except for arrested during Fairs. treason, felony or other capital crime or breach of the peace, but shall be freed and discharged of the same, if taken and arrested at the said Fairs, by the Justices and Judges of such Courts out of which the process was issued.

£10, how to be recovered.

VI. And be it further enacted by the authority aforesaid, That all Fines not over the fines and forfeitures accruing and arising by virtue of this Act, not exceeding ten pounds, shall be recovered by warrant under the hand and seal of any one Justice of the Peace of the said county, and be disposed of, the one half to the poor of the said parish, and the other half to him or them that will prosecute for the same.

If above £10.

VII. And be it further enacted by the authority aforesaid, That all the fines and forfeitures accruing and arising by virtue of this Act, exceeding the sum of ten pounds, shall be disposed of in manner aforesaid, and be recovered by action of debt, bill, plaint or information, in any of his Majesty's courts of record in this Province, wherein no protection, priviledge or essoign shall be allowed.

VIII. And be it further enacted by the authority aforesaid, That this When this Act Act, nor any matter or thing therein contained, shall take place or be in is to be of force. force until the twentieth day of October next, being the anniversary day of his Majesty's coronation.

JA. MOORE, SPEAKER.

Charlestown, Council Chamber, February 15, 1723.

Assented to by FR. NICHOLSON, Governour.

No. 479. AN ACT FOR RAISING THE SUM OF ELEVEN THOUSAND SIX HUNDRED AND SEVENTY TWO POUNDS, ON LANDS AND SLAVes, for defrayING THE CONTINGENT CHARGES OF THE Government FROM THE TWENTY NINTH DAY OF SEPTEMBER LAST PAST, UNTIL THE TWENTY NINTH DAY Of September, WHICH SHALL BE IN THE YEAR OF Our Lord one THOUSAND SEVEN HUN

Preamble.

DRED AND TWENTY AND FOUR.

WHEREAS, it appears upon an estimate made of the contingent charges of the Government, the sum of eleven thousand six hundred and seventy-two pounds will be wanting for defraying the same for the current year, we therefore humbly pray your most sacred majesty that it may be enacted,

I. And be it therefore enacted by His Excellency Francis Nicholson, Esq. £11,672 to be Governour, by and with the advice and consent of His Majesties Honourraised on real able Council, and the Assembly of this Province, and by the authority of and personal es- the same, That a tax or sum of eleven thousand six hundred seventy two

tate.

pounds, be equally imposed and levied on the several inhabitants of this A. D. 1723. Province, in manner following, that is to say, one sixth part on the real and personal estates, stocks and abilities of the several inhabitants of Charles-Town, over and besides their lands and slaves in the country, and the other five-sixths on the several inhabitants living and residing without the limits of Charlestown Platt.

Assessments

II. And be it further enacted and declared by the authority aforesaid, That every hundred acres of land be and is hereby rated at five shillings specified. per hundred acres, and every slave from the age of seven years old to sixty at fifteen shillings per head; and that all persons required to pay any tax by virtue of this Act, shall pay the same to the Collectors and Receivers hereby appointed respectively to receive the same, at such public place as the Collectors respectively in the Parish where such taxable person lives or resides, on the last Tuesday in March next ensuing the passing of this Act.

:

inated.

III. And be it further enacted by the authority aforesaid, that for the Receivers and several Parishes of this Province the several persons hereafter named, that Collectors nomis say, for the Parish of St. Philips Charlestown within the Town platt, Alexander Parris: for that part of the Parish without the Town platt, Alexander Parris: for the Parish of Christ Church, Thomas Barksdale and Joseph Walters: for the Parish of St. James's Goose Creek, John Oldfield and John Sanders: for the Parish of St. Johns, Nathaniel Broughton and Peter Guerard: for the Parish of St. Georges, Thomas Waring and Guilson Clap for the Parish of St. Thomas and St. Dennis, James Akin and Robert Daniell: for the Parish of St. Andrews, James's Island excluded, Thomas Dymes and Thomas Smith: for that part of the Parish called James's Island, William Wilkins and Thomas Howard: for the Parish of St. Pauls, that is to say, for John's Island, Thomas Ladson and Hugh Hext: for Wadmelaw Island, John Sams and David Furguson : for Edisto Island, William Eddings and Joseph Russell: for Stono and the east side of Ponpon, Robert Young and John Edwards: for the Parish of St. Bartholomews, Hugh Bryan and Joseph Seabrook: for the Parish of St. James's Santee, Noah Sere and William Drake: for the Parish of Prince George's Weneaw, John Hare and Elisha Scriven: for the Parish of St. Hellens, William Hazard and Rowland Evans, be, and are hereby appointed Receivers and Collectors, who in fourteen days after the receipt Their duty. of the taxes, shall transmit the same to the Public Treasurer in Charlestown, together with a schedule, fairly wrote in proper columns under their hands, of the names of the persons paying tax, and the quantity of lands and slaves for which such taxes is paid, and the Parish where each tract of land and number of slaves are lying and abiding, and the name of the defaulters in paying their tax. And the said respective Collectors as aforesaid, at the end of fourteen days exclusive of the said last Tuesday in March, shall close their accounts and transmit the same to the Public Treasurer in Charlestown. And every taxable inhabitant shall some time at or before the time limited for paying in his tax to the said Collectors, render an account in writing under his hand, of all his lands and slaves from the age of seven years old to sixty, and an account of what Parish the said lands and slaves are in, and take the following oath, to be administered by the said Collector, You A. B. do swear that the account you now give in is a just and true account of all the lands and slaves from the age of seven years old to sixty, which you are any ways possessed of, interested in, or intituled unto in the Parish or precinct wherein you now live, or in any other Parish or part of this Province, either in your own right, or as executor, administrator, guardian or attorney to or in trust for any other

A. D. 1723. person or persons whatsoever, and that without any equivocation or mental reservation. So help you God. And the said Collectors shall at the time of returning in such accounts, and paying in the money by them collected and received, to the Public Treasurer, give in an account in writing of their own lands and slaves after the manner above directed, on oath, and pay in their tax to the said Public Treasurer.

cealment.

IV. And be it further enacted by the authority aforesaid, that if any perPenalty on con- son or persons in giving in or rendering his account of lands and slaves, shall willfully or voluntarily conceal any part thereof, all such persons shall forfeit all and every part of such real and personal estate so concealed, the one half to his Majesty for the support of this Government, and the other half to him or them that will sue for the same by action of debt, bill, plaint or information, to be brought in any Court of Record in the precinct where the offence is committed, wherein no essoigne, privilege or wager of law shall be allowed or admitted of.

faulters.

V. And be it further enacted by the authority aforesaid, That any person Persons refus- neglecting or refusing to render such account to the Collectors aforesaid ing to render an account to be respectively, at such time and place as they shall appoint, by the last Tuestreated as de- day in March next, he shall be returned by the said Collector as a defaulter, and shall be rated by the Public Treasurer double of what he was rated at in the last tax. And the Public Treasurer shall levy the same accordingly. And in case it should so happen that such person is not to be found in the last tax list, the said Public Treasurer is required to rate him double of what his tax amounts to according to his best information, and levy the same accordingly.

VI. And whereas, divers inhabitants living without the limits of CharlesOwners of lots town platt are possessed of divers houses and town lots, and parts of lots to make return within the same, Be it therefore enacted by the authority aforesaid, That twenty days. all persons possessed of such town houses and lots, or parts of lots, do give

thereof within

Inquirers nominated.

Their duty.

in an account thereof in their own proper person, or return on oath the number of the said lots, or in what parts of the said town the said town houses or lots lie, to the Collector of the tax in Charlestown, within twenty days after the passing of this Act, to the intent the assessors of Charlestown may proceed on their assessment by the time required of them by this Act; and all such persons shall be rated for such lots as if they were actually resident in Charlestown; and all town lots and the improvements thereon shall be rated at the discretion of the assessors in Charlestown; and all town lots lying without the limits of Charlestown platt being of small value shall not be accounted for.

VII. And forasmuch as the tax to be raised within the limits of Charlestown platt being to be assessed on the stocks and abilities of the inhabitants cannot be conveniently raised without the appointment of inquirers and assessors, Be it further enacted by the authority aforesaid, That John Bretton, Henry Perroneau and John Sheppard, be, and are hereby appointed Inquirers for Charlestown; and the said Inquirers are hereby directed and ordered to inquire into and take an account of all such real and personal estates, negroes, stocks and abilities of the inhabitants living and residing within the limits of Charlestown platt, which they shall be possessed of, interested in or entitled to either in their own right or in the right of any other person whatsoever, which are lying or being within the limits of the said town platt, and of all the lands and slaves without the limits of the same in any other part of the Province. And the said Inquirers shall begin to make their enquiry on or before the last Tuesday in this instant, February, and shall finish and return the same to the assessors hereby appointed for Charlestown on or before the first Tuesday in March