A. D. 1725. men, twelve months, at six pounds per month, for said Fort, one thousand and eight pounds; to provisions for seventeen men for twelve months, for said Fort, five hundred and ten pounds; to necessaries for said Fort, twenty-five pounds; to the commander of two scout boats, for twelve months, three hundred and sixty pounds; to twelve men, at eight pounds per month, for said boats, eleven hundred and fifty-two pounds; to provisions for fourteen men, for the said boats, three hundred and sixty-four pounds; sundry necessarys for said boats, twenty pounds; to the commander of Johnson's Fort, for twelve months, two hundred pounds; to six men, at six pounds per month, for said Fort, four hundred and thirty-two pounds; to provisions for seven men, for said Fort, one hundred and eighty-two pounds; to candles, &c. for said Fort, twenty pounds; to the salary of Armourer and Gunner of Charlestown, three hundred and fifty pounds; to the Clerk of the Assembly, from the twenty-third day of May, one thousand seven hundred and twenty-five, to the twenty-ninth day of September, one thousand seven hundred and twenty-six, five hundred and forty pounds; to a house for the use of the Assembly, one hundred pounds; to rent for a house for a School, one hundred pounds; to the Commissary of the Garrisons, two hundred pounds; to the Treasurer, for receiving the tax, three hundred pounds; to Colonel Chicken, for going among the Cherokees, five hundred pounds; to Mr. Burley, one hundred pounds; to Christ Church Parish, four hundred pounds; to Colonel Hastings, as a linguist, upon occasion, for one year, one hundred pounds, to be paid quarterly; to John Chester, for going with an express to the Cherokees, forty pounds; to charges of Expresses, &c. one hundred pounds; to the church of St. Thomas and St. Dennis, four hundred pounds; for a chappel in St. Bartholomew, three hundred pounds; for a chappel at Willtown, two hundred pounds; to the Free School, not provided for in the last estimate, six hundred pounds; the deficiency of the country tax for the last year, twelve hundred and nineteen pounds fifteen shillings and nine pence; to the Captain of the Watch for extraordinary service, twenty pounds; to Thomas Hendley for a negro killed, one hundred pounds; to Captain Crofts, for a linguist, &c. to the Spaniards, one hundred pounds; to Col. Chicken, for a horse, thirty-five pounds; to Captain Lloyd's account, twenty nine pounds twelve shillings and six pence; to Captain Dry's account, three pounds thirteen shillings and three half pence; to Mr. John Lloyd, for frames of mapps, fifty pounds; to Lieutenant Huddy's account, sixtythree pounds; to Edmund Maxwell, seventeen pounds twelve shillings and six pence; to Mr. William Cattell, for a negro killed, one hundred pounds; to Secretary Hart's account, one hundred and thirty-one pounds ten shillings; to Colonel Hastings, for salary, three hundred and fifty pounds; to William Winderas, for mapps, thirty pounds; to Colonel Herbert, for mapps, twelve pounds; to the free school kitchen, four hundred pounds; to Colonel Parris, Treasurer, four hundred and fifty-seven pounds fifteen shillings; to contingencies, three thousand one hundred and thirty pounds; to Mr. Pinckney, as clerk to the school commissioners, twenty-five pounds. XXV. And to prevent the misapplication of public monies, Be it furPenalty on the ther enacted by the authority aforesaid, That if the said publick Treasurer public Treasur- shall apply any of the publick monies to any other use, intent or purpose er misapplying, whatsoever, than what is herein before directed, without an Act passed in both Houses in due form, he the said publick Treasurer shall forfeit double the sum so misapplied, 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 in any Court of Record in this Province, by action of debt, bill, plaint or information, wherein no essoin, protection or wager of law shall be allow- A. D. 1725. ed or admited of, and without any power from any person whatsoever, unless it be by an order of the General Assembly, to enter a noli prosequi, release or discontinue the said suit. Orders drawn XXVI. And be it further enacted by the authority aforesaid, That all orders that shall now pass the General Assembly for any sum or sums of by the Assemmoney, payable out of the publick treasury, shall be received and discounted bly to be paid by the Treasurer in the ensuing tax; and the publick Treasurer is hereby out of the tax. required and directed to receive and discount all such orders in the tax accordingly. XXVII. And be it further enacted by the authority aforesaid, That every execution that the Treasurer shall grant against any person that shall Executions refuse or neglect to pay their several taxes, at the time before appointed, Treasurer. granted by the shall run and be against all such defaulters in any particular division where the said tax was to be levied; and in case the marshal or constable, their executors or administrators, shall refuse or neglect to make return of such execution to the said Treasurer, or to pay to the said Treasurer the monies he shall levy by virtue thereof, within twenty days after he or they shall have received such execution, he the said Treasurer shall have and maintain an action of debt, in any court of record in this Province, against the said marshal or constable, their executors or administrators, to whom such execution shall be directed, wherein no essoign, protection or wager of law shall be allowed, or more than one imparlance. act. XXVIII. And be it further enacted by the authority aforesaid, That all and every officer, collector, inquirer, marshal or constable, their execu- In case of suit brought on this tors or administrators, or any other person who shall be sued by reason of any matter or thing done in the execution of this Act, shall have leave to plead the general issue and give this Act and the special matter in evidence, and if the party suing shall suffer a nonsuit, discontinuance, or a verdict pass against him, the defaulter shall recover treble costs, for which the said defendant shall have the like remedy as where costs are given at law. THO. BROUGHTON, Speaker. Charlestown, South Carolina, Council Chamber, Dec. 4, 1725. Assented to: AR. MIDDLETON. AN ACT to raise and appropriate a fund of money to erect a building No. 510. in Charlestown to hold and contain the Publick Arms of this Province. (Passed June 1, 1725, for one year. Expired. The original not now extant.) AN ACT to revive and continue several Laws therein mentioned. (Passed March 11, 1726. The original not now extant.) VOL. III.-34. No. 511. A. D. 1726. No. 512. AN ACT FOR APPOINTING AN AGENT TO SOLICIT THE AFFAIRS OF THIS PROVINCE IN GREAT BRITAIN. WHEREAS, there are many great and important affairs now depending before the General Assembly of this Province, to be solicited and represented in Great Britain, which cannot be effectually done without the appointment of an Agent; and whereas, the General Assembly of this Province have thought Mr. Samuel Wragg, of London, Merchant, to be a proper person to transact and solicit the affairs of the same; we therefore pray your most sacred Majesty, that it may be enacted, I. And be it enacted by the Honourable Arthur Middleton, Esq. President and Commander-in-chief of this his Majesty's Province of South Carolina, 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 Mr. Samuel Wragg be and he is hereby nominated and appointed Agent to transact and solicit the affairs of this Province in Great Britain. Il. And be it further enacted by the authority aforesaid, That the said. Mr. Samuel Wragg shall, and he is hereby required and directed to follow and pursue all such instructions as he shall from time to time receive from the General Assembly, or from the Committee hereafter named, appointed to correspond with the said Mr. Samuel Wragg. III. And be it further enacted by the authority aforesaid, That the Honourable Colonel William Bull, Charles Hart, Esq., Colonel John Fenwick, Benjamin Whitaker, Samuel Eveleigh, John Lloyd and William Rhett, Esqs., or any three of them, one of which always to be of the Council, be and they are hereby appointed a committee to correspond with the said Mr. Samuel Wragg, and to give him such orders and instructions as they shall judge for the service of this Province-the General Assembly not then sitting. IV. And be it enacted by the authority aforesaid, That upon proper accounts being laid before the General Assembly of this Province, by the said Mr. Samuel Wragg, effectual care shall be taken to discharge and pay him all such sums of money as shall justly be due to him for his agency, and his reasonable disbursements in transacting the affairs of this Province, as also what shall be necessarily expended in carrying on the application for obtaining the continuance of his Majesty's government over us. V. And whereas, it is necessary that there should be a Clerk allowed to the said Committee of Correspondence, to draw and transcribe all letters and papers which may be thought necessary to be sent to the said Agent by the said committee; Be it therefore enacted by the authority aforesaid, That the said committee have power, and they are hereby impowered, to nominate and appoint a fit person to be their Clerk, who shall be allowed any sum not exceeding twenty pounds current money of this Province, to be paid out of the money appropriated for contingencies, for the services he shall do, to the said committee. VI. And be it further enacted by the authority aforesaid, That the said Mr. Samuel Wragg shall be and continue Agent to this Province one whole year, to commence the eighth day of April, one thousand seven hundred twenty-seven; and that he be, and he is hereby allowed the sum of one hundred pounds sterling moneys of Great Britain, or as much of A. D. 1726. the currency of this Province as shall be equal thereto, for his services as Agent, to the time aforesaid. THO. BROUGHTON, Speaker. Assented to: AR. MIDDLETON. Charlestown, Council Chamber, March 11th, 1726. AN ACT FOR APPOINTING AN AGENT TO SOLICIT THE AFFAIRS OF THIS No. 513. PROVINCE IN GREAT BRITAIN. WHEREAS, there are many great and important affairs now depending before the General Assembly of this province, to be solicited and represented in Great Britain, which cannot be effectually done without the appointment of an Agent; and whereas the General Assembly of this Province have thought Francis Yonge, Esq. to be the properest person for the present Agent, to transact and solicit the affairs of the same; we therefore pray your most sacred Majesty that it may be enacted, I. And be it enacted by the Honourable Arthur Middleton, Esq., President and Commander-in-chief of this his Majesty's Province of South Carolina, 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 Francis Yonge be and he is hereby nominated and appointed Agent, to transact and solicit the affairs of this Province in Great Britain. II. And be it further enacted by the authority aforesaid, That the said Francis Yonge shall and he is hereby required and directed to follow and pursue all such instructions as he shall from time to time receive from the Governour, Council and Assembly, or from the Committee hereafter named, appointed to correspond with the said Francis Yonge. III. And be it further enacted by the authority aforesaid, That the Honourable Ralph Izard and the Honourable Colonel William Bull, of his Majesty's Council, and Colonel John Fenwick, Major Thomas Hepworth, Mr. Whitaker, Mr. Eveleigh, and Captain Daniel Green, members of the Commons House of Assembly, or any three of them, one of which always to be of the Council, be and they are hereby appointed a Committee, to correspond with the said Francis Yonge, and to give him such orders and instructions as they shall judge for the service of this Province-the General Assembly not then sitting. IV. And whereas, there is at present due to the said Francis Yonge, Esq., for his services as Agent to this Province, and for money necessarily expended in the said service, several sums of money, and there will require more money to be raised towards carrying on the application intended to be made to his Majesty for continuing this Province under his immediate protection and government; Be it therefore enacted by the authority aforesaid, That upon proper accounts being laid before the General Assembly of this Province, by the said Francis Yonge, effectual care shall be taken to discharge and pay him all such sums of money as are or shall be justly due to him for his agency, and his reasonable disbursements in transacting the affairs of this Province, as also what shall be necessarily A. D. 1726. expended in carrying on the application for obtaining the continuance of his Majesty's government over us. V. And whereas, it is necessary that there should be a Clerk allowed to the said Committee of Correspondence, to draw and transcribe all letters and papers which may be thought necessary to be sent to the said Agent by the said Committee, Be it therefore enacted by the authority aforesaid, That the said committee have power and they are hereby impowered to nominate and appoint a fit person to be their Clerk, who shall be allowed any sum not exceeding twenty pounds current money of this Province, to be paid out of the money appropriated for contingencies, for the services he shall do to the said Committee. VI. And be it enacted by the authority aforesaid, That the said Francis Yonge, Esq. shall be and continue Agent to this Province, until the seventeenth day of April next, and that he be and he is hereby allowed the sum of two hundred pounds sterling money of Great Britain, or as much of the currency of this Province as shall be equal thereto, for his services as Agent, to the time aforesaid. Charlestown, May 21, 1726. THO. BROUGHTON, Speaker. Assented to: AR. MIDDLETON. No. 514. AN ADDITIONAL ACT to an Act entituled An Additional Act to an Act for keeping and maintaining a Watch and good orders in Charles town. (Passed March 11, 1726. Expired. See last volume.) No. 515. AN ACT for making a new Road between the North and Middle Branch of Stono River. (Passed March 11, 1726. See last volume.) No. 516. Preamble. Debts under AN Additional ACT TO AN ACT FOR THE TRIAL OF SMALL AND WHEREAS, great delay and charges arise from the recovery of small debts; for preventing thereof for the future, we pray your most sacred Majesty that it may be enacted, I. And be it enacted by the Honourable Arthur Middleton, Esq., President and Commander-in-Chief, by and with the advice and consent of his Majesty's Council, and the Assembly of this Province, and by the authority of the same, That all debts hereafter contracted, not £90 how to be exceeding twenty pounds current money, shall be determined by a Justice of the Peace, and not triable elsewhere, under penalty of the loss of the debt to the plaintiff suing for the same; and such Justice shall have the same fees, and no more, as the Justice of the Peace and Constable sued for. |