VI. And be it further enacted by the authority aforesaid, That for the A. D. 1723. space of twenty-four hours before and twenty-four hours after the holding the said Fairs, and during the time of holding and keeping the said Fairs, No person to be no person shall be liable to be taken at the said Fairs by virtue of any arrested during the time of the process, except for 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 or Judges of such Courts out of which the process issued.

Fairs.

exceeding £10,

VII. And be it further enacted by the authority aforesaid, That all the fines and forfeitures accruing or arising by virtue of this Act, not The Fines not exceeding ten pounds, shall be recovered by warrant under the hand and how to be seal of any one Justice of the Peace of the said county, and be disposed recovered. 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.

VIII. And be it further enacted by the authority aforesaid, That all the

fines and forfeitures accruing or arising by virtue of this Act, exceeding If above £10. 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 Majes ty's courts of record in this Province, wherein no protection, priviledge or essoign shall be allowed.

is to be of force.

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

JAMES MOORE, Speaker.

Charlestown, Council Chamber, February 15, 1723.

Assented to by FRANCIS NICHOLSON, Governour.

AN ACT FOR CALLING IN AND SINKING THE PAPER BILLS.

No. 483.

WHEREAS, by an Act of the General Assembly of this Province, entituled an Act for raising the sum of seventeen thousand two hundred Preamble. and forty-eight pounds and six pence, on lands and slaves, for defraying the charges of the several forts and garrisons, discharging the publick debts, and providing for the other emergencies and contingent charges of the government, passed the twentieth day of September, one thousand seven hundred and twenty-one, there was raised the sum of seven thousand pounds, part of the fifteen thousand pounds commonly called Rice Bills; and by one other clause of the same Act, the several persons thereby to be rated and assessed, were allowed to pay in their tax to the Commissioners therein named in Bills of Credit, or orders drawn by the General Assembly, so that the whole sum of fifteen thousand pounds Rice Bills were exchanged and re-issued for the then emergencies of the government: And whereas, by one other Act of the said General Assembly, entituled an Act for reprinting the present current paper bills of credit, and for printing the additional sum of forty thousand pounds in bills of credit for paying off the publick debts, defraying the contingent charges and other emergencies of the government, to the five and twentieth day of September next, passed the twenty third day of February, one thousand seven hundred and twenty two, an additional sum of forty

f

A. D. 1723. thousand pounds in bills of credit was accordingly made and issued, and the greatest part of the former currency exchanged and commuted by the commissioners therein named for new bills, and afterwards cancelled, according to the directions of the said Act: And whereas, their Excellencies the Lords Justices, by their order in Council, dated the seven-andtwentieth day of August, one thousand seven hundred and twenty-three, have been pleased to declare their disallowance of the said Acts, and that the said Acts are thereby repealed; And whereas their Excellencies the Lords Justices, by their letter or order under their signature, directed to his Excellency Francis Nicholson, Esq. Governour, bearing date the fifth day of September, one thousand seven hundred and twenty-three, have likewise thought fit to enjoyn, require and direct him to propose to the Assembly of Carolina, to settle effectual funds for the speedy sinking and discharging of such additional bills of credit as have been issued by virtue of the Act abovesaid; and his Excellency the Governour hath thought fit to communicate and recommend the same to the said Assembly; and whereas the said Governour, Council and Assembly, in testimony of their desire to give obedience to the said orders of their Excellencies the Lords Justices, and to the end that the proprietors of such bills as are thereby intended to be made no longer current may receive a full and ample satisfaction and value for such additional bills of credit, we pray your most sacred majesty that it may be enacted,

The within

mentioned bills

of credit amounting to

£55,000 shall be paid to the publick treasurer in duties only.

The sum of

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 the said bills of credit, amounting to fifty-five thousand pounds, and consisting in twenty pound bills, fifteen pound bills, twelve pound bills and eight pound bills, shall be paid in from time to time to the public receiver or treasurer of this Province for the time being, in duties only; and the said public treasurer is hereby directed and required to receive the customs and duties of this Province in the said twenty pound bills, fifteen pound bills, twelve pound bills and eight pound bills, and in no other species of bills whatsoever, unless the whole duty to be paid in at one time shall amount to less than eight pounds, (the duties appropriated for the payment of the clergies salaries, by an Act for laying an imposition on skins and furrs, and that for building the brick church in Charlestown excepted ;) and the said publick treasurer is hereby further required and enjoyned to keep the said different species of bills on different files, and to burn the same once in every six months after the ratification of this Act, in the presence of any two of his Majesty's honourable Council, and any three of the members of the Commons House of Assembly, to be for that purpose appointed by the Governour, Council and Assembly for the time being; and shall not reissue the same on any pretence whatsoever, except in exchange for any of the four before mentioned species of bills; and the said public treasurer shall keep a just and fair account of what bills from time to time shall be so received and cancelled as aforesaid, and so shall continue to do from time to time, until the said four species of twenty pound bills, fifteen pound bills, twelve pound bills, and eight pound bills, amounting in the whole to the said sum of fifty-five thousand pounds, be called in, cancelled and sunk.

II. And whereas, there is still remaining the sum of eight thousand £8000 to the pounds to be called in by the Act commonly called the Bank Act, Be it further enacted by the authority aforesaid, That for speedier sinking the said additional bills of credit, that the sum of eight thou

Commissioners of the Bank.

sand pounds so to be paid in to the commissioners of the bank, shall A. D. 1723. from henceforth be paid to the commissioners of the bank in some one of the said four species of bills, to wit: the said twenty pound bills, the fifteen pound bills, the twelve pound bills or the eight pound bills, by them to be cancelled and sunk, and in no other species of bills whatsoever, save only to make small change if need be; any former law or usage to the contrary thereof in any wise notwithstanding.

to be current

in the same.

III. And be it further enacted by the authority aforesaid, That the remaining fifty-three thousand pounds which are not declared to be The remaining repealed by the said order of their Excellencies the Lords Justices, bills declared together with the eight thousand pounds, remaining part of the till provision be fifty-two thousand pounds, formerly issued by the bank Act, be and are made for calling hereby declared to be current in all payments whatsoever, (duties to the public treasurer excepted, unless the same shall be tendered in payment for duties arising from the skin and furr Act, for the payment of minister's salaries, and that for building the brick church in Charlestown,) for and until such time as an effectual provision can be hereafter made for the calling in and sinking the same, pursuant to the resolution of the General Assembly taken in that behalf.

IV. And be it further enacted by the authority aforesaid, That if there be any old bills still outstanding, which are not already changed and The old bills to commuted into the new bills, the former commissioners for issuing out and not to be be exchanged the said new bills are hereby impowered and required to continue to current after 8 commute and exchange the same; and that from and after eight months next after the passing of this Act, none of the old bills outstanding shall be current throughout this Province.

JA. MOORE, Speaker.

Charlestown, Council Chamber, February 15th, 1723.

Assented to by FR. NICHOLSON, Governour.

months.

AN ACT TO REVIVE AND CONTINUE THE SEVERAL ACTS THEREIN

MENTIONED.

WHEREAS, several wholesome and beneficial temporary laws of this Province are expired or near expiring, we 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 the same, That an Act entituled an Act for the raising a publick store of powder for the defence of this Province, ratified the twelfth day of July, in the year of our Lord one thousand seven hundred and seven; and one other Act entituled an Act for carrying on the building and for finishing and compleating the brick church in Charlestown, and declaring it to be the parish church of St. Philip's Charlestown, ratified the ninth day of December, one thousand seven hundred and twenty; and one other Act entituled an Act for the better settling and regulating the Militia, ratified the second day of September, in the year of our Lord one thousand seven hundred and twenty-one; and one other Act entituled an Act for ascertaining publick officer's fees, &c. ratified the twenty-first day of

No. 484.

A. D. 1723. September, in the year of our Lord one thousand seven hundred and twenty-one-be and are hereby declared to be revived and continued, and enacted to be of full force for and during and unto the full term and time of one year 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 whereas, the aforesaid Act for raising a publick store of powder for the defence of this Province has been, for some time expired, and Michael Brewton, powder receiver, having since the expiration of the said Act continued to receive the usual duty of powder, Be it therefore enacted by the authority aforesaid, That the said Michael Brewton, and all persons acting under him in that office, are hereby declared to be saved harmless and indemnifyed from every matter and thing that he or they have so done and performed, by colour of the aforesaid Act.

JA. MOORE, SPEAKER.

Charlestown, Council Chamber, February 15, 1723.

Assented to by FR. NICHOLSON, GOVERNOUR.

No. 485. AN ACT FOR JOINING AND ANNEXING THE INHABITANTS OF THE FERRYPATH TO THE SAME DIVISION WITH THE INHABITANTS OF THE SOUTH SIDE OF ASHLEY RIVER, FROM HOOPER'S BRIDGE TO THE LINE THAT DIVIDES THE PARISHES OF ST. ANDREW'S AND ST. GEORGE'S, AND SOME OTHER POWERS GIVEN TO THE COMMISSIONERS OF THE HIGHWAYS.

Preamble.

WHEREAS, by a petition from the several inhabitants of Tupelo Swamp, complaining of the hardships they lay under by being obliged to work upon the Ferry-path two years, and after that, that one half of the said inhabitants are to return to the high road on Ashley river, notwithstanding they are obliged to make the said road at least sixteen feet, through many long and deep swamps; therefore for relieving of the said petitioners and putting them on a level with the other inhabitants of St. Andrew's parish, we therefore pray your most sacred Majesty that it may be enacted,

I. And be it enacted by his Excellency Francis Nicholson, Esq. The road from Governour, by and with the advice and consent of his Majesty's Ashley ferry to Council and Assembly of this Province, and by the authority of the Stono bridge shall be under same, That from and after the ratification of this Act, the said road the same com- from Ashley ferry to Stono bridge, shall be in the same Division and missioners of under the same commissioners of the high-roads from Hooper's bridge from Hooper's to the line that divides the parishes of St. Andrew's and St. George's, and the inhabitants of the said District shall do equal labour on all the high-roads in the said Division, as in other Divisions.

the high-road

bridge.

H. Toomer and

II. And be it further enacted by the authority aforesaid, That Henry Th. Eliott add- Toomer and Thomas Elliot, the son of William Elliot, shall be added to ed to the com- the said Commissioners. missioners.

III. And be it further enacted, That one clause in the Act for repairing Two clauses in the causeway leading to Ashley river ferry, and the road from the South side of Ashley river to the bridge over the North-east branch of Stono river, and for vesting the ferry in Capt. Edmund Belinger, viz: "And

a former Act

Repealed.

be it further enacted by the authority aforesaid, That the high-road leading A. D. 1723, from the South side of Ashley river to the bridge over the North-east branch of Stono, shall be made, mended and kept in repair by all the said slaves of the said Edmund Belinger, from sixteen to sixty years," and ending, "provided nevertheless, and it is hereby declared, that the slaves of the said Edmund Belinger shall and may be put and continue to work on the said ferry causeway till the same be finished ;" and another clause, viz: "And be it further enacted by the authority aforesaid, That Colonel William Bull, Mr. George Smith and Mr. Richard Butler, or any two of them," and ending, "are hereby declared to be invested with all and singular the powers and authorities as any other commissioners of the highways are invested with, by virtue of the above recited Act"-which two foregoing clauses are hereby declared to be repealed and made null and void to all intents and purposes whatsoever; provided nevertheless, and it is hereby intended, that the said Col. William Bull, George Smith and Richard Butler, are to continue commissioners of the ferry and causeway in the possession of Capt. Edmund Belinger; any thing to the contrary in any wise notwithstanding.

new road be

IV. And whereas, great inconveniencies may happen to arise by one sett of commissioners not meeting with and joyning with the high-roads belonging to another sett of commissioners which lye above them, by The two joining sets of com. means of which defect the upper parishes may be prevented from having missioners to the benefit of the said new roads to town, to the great prejudice of the agree in surupper parishes, Be it therefore enacted by the authority aforesaid, That ifveying any the two joyning setts of commissioners, after due notice given of the time tween the and place of meeting, by one sett of commissioners to the other sett of divisions. commissioners, do not agree to survey any new road between the said divisions, that then the first survey after the ratification of this Act to be made by either of the setts of the commissioners shall stand good, and the adjoyning commissioners are hereby obliged to make their road to the said bounds as laid out by the other set of commissioners adjoyning, within six months after they are requested so to do by the said commissioners, but upon refusal, every one of the parties so refusing shall forfeit to the commissioners so aggrieved, for the use of their road, the sum of forty shillings sterling, or the value thereof in this currency, to be recovered by virtue of a warrant from any justice of the peace, who is hereby impowered and required, upon application made to them by the aggrieved commissioners, to grant the same; and in case the commissioners should again refuse to comply with the second request of the adjoyning commissioners as aforesaid, the magistrate is required to issue out a second execution, and oftener in case of complaint, if the said neglect is repeated; any law, usage or custom to the contrary in any wise notwithstanding.

V. And whereas, great impositions will be laid on the inhabitants living near any bridges that are built, the best of their timber being generally made use of to make those bridges, to the great damage of the said Commissioners inhabitants; for the preventing of which, and for the more equal charge bridges built to pay for of the division or divisions that build the said bridge or bridges, Be it and to be built, therefore enacted by the authority aforesaid, That the commissioners of pursuant to this or any each division are hereby impowered and required to take any convenient former law. timber for continuing or rebuilding and repairing of framed bridges already built, and all such other bridges as shall hereafter be built in pursuance of this or any former law, paying such reasonable price for the same as they think fit, and all other bridges to be built and repaired with the most convenient adjoyning timber, without paying for the same; and