III. And be it further enacted by the authority aforesaid, That the A.D. 1731. said inquirers, assessors and commissioners, meeting, taking and receiving the accounts, and making their returns on or before the days and times in Valid within this Act limited for the same, shall be and is hereby declared to be good the times prescrined by this and effectual, to all intents and purposes whatsoever, as if the said inqui- Act. rers, assessors and commissioners had met and taken and received their several accounts and made their proper returns within the respective days and times limited and appointed in the said recited Act, and are and shall be liable to the same forfeitures and penalties, in case of neglect or refusal to act, as are mentioned and appointed in the before recited Act; any thing in this or the said Act to the contrary thereof in any wise notwithstanding. JOHN LLOYD, Speaker. November the twentieth, 1731. Assented to: ROBT. JOHNSON. AN ACT PURTHER TO SUPPLY THE DEFECTS IN THE EXECUTION OF AN No. 538. WHO HAVE NOT YET MADE THEIR RETURNS. SAID ACT WHEREAS, in and by an Act of the General Assembly of this Province, entituled an Act for raising the sum of twenty-seven thousand nine hundred and five pounds, for defraying the charges of the Government for one year, commencing the twenty-fifth day of March, one thousand seven hundred and thirty-one, and ending the twenty-fifth day of March, one thousand seven hundred and thirty-two, among other things it was enacted, by the authority of the same Assembly, that all persons whatsoever who are possessed of any lands or slaves in this Province, either in their own right or in the right of any other person, or are liable to pay any tax by virtue of this Act, shall, on or before the second Tuesday in November (then) next ensuing, render a particular account thereof in writing to the inquirers of the several parishes and places respectively where the person who is to render such account does live and reside, and at such times and places as the said inquirers or any two of them shall direct or appoint for the doing thereof, so that the same be done before the said second Tuesday in November next; and the person so rendering in his account shall give in to the said inquirers the number of his slaves, the particular quantity of each tract, and the parish and most noted place where situate, and the best description of the quantity and quality of such land, as near as he can, which being done the said inquirers shall proceed to value such land at a reasonable selling price, according to the best of their judgment and information; and the said inquirers shall make a fair return of all such accounts of such slaves and lands, and at what rate such lands are valued, in writing, Preamble A. D. 1731, under their hands, in proper columns, to the commissioners thereafter to be appointed in Charlestown for that purpose, on or before the second Tuesday in December then next, to the end that the whole value of the lands in this Province being known, the said commissioners may apportion the residue of the said sum of twenty-seven thousand nine hundred and five pounds according to the value of the lands to them returned; and no inquirer shall receive or return any person's account of lands in gross; and that Alexander Parris, Esq., treasurer, and the treasurer for the time being, Mr. Thomas Lamboll and Mr. Richard Hill, be, and are appointed by the said Act, commissioners for receiving all the returns of the inquirers without the limits of Charlestown platt, any two whereof should be a quorum; and that the said commissioners should meet on the second Tuesday in December then next, at the house of Col. Miles Brewton, in Charlestown, to do and perform the several acts and things as in and by the said Act is required and appointed for the said commissioners to do and perform: And whereas, in and by one other Act of the General Assembly of this Province, entituled an Act to supply the defects in the execution of an Act entituled an Act for raising the sum of twenty-seven thousand nine hundred and five pounds, for defraying the charges of the Government for one year, commencing the twenty fifth day of March, one thousand seven hundred and thirty-one, and ending the twenty-fifth day of March, one thousand seven hundred and thirty-two, and to give further time to the inquirers and assessors named and appointed in the said Act to make their returns; the time for the several inquirers appointed to receive the accounts of the lands and slaves in this Province was and is thereby enlarged to Tuesday, the eleventh day of January (then) next: And whereas, the inquirers of several of the parishes and districts in this Province, that is to say, the parish of Christ Church, the parish of Prince George Winyaw, the district of James Island, part of Saint Andrews parish, the district of Stono, Beech Hill, and the east side of Pon Pon, part of St. Paul's parish, have not made their respective returns within the time limited in and by the last mentioned Act; And whereas, the inquirers of the parish of St. James Goose Creek and St. George's Dorchester have not made their returns of their respective parishes, agreeable to the direction of the first herein before recited Act, but valued all the lands in their respective parishes at one price, that is to say, the lands in the parish of St. James Goose Creek at eighteen shillings and four pence current money per acre, and the lands of the parish of St. George at ten shillings current money per acre, whereby the good ends and designs of the said Act in taxing the several lands in this Province ad valorum may in a great measure be defeated, we therefore pray your most sacred Majesty that it may be enacted, The time of re I. And be it enacted by his Excellency Robert Johnson, Esquire, Governour, Captain General and Commander-in-chief in and over 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 time for the several inquirers appointed by the said Act to receive the accounts of the lands turns enlarged. and slaves of the several inhabitants of the parish of Christ Church, and the inquirers of the district of James Island, part of St. Andrew's parish, and the inquirers of the districts of Stono, Beech Hill, and the east side of Pon-pon, part of St. Paul's parish, be and is hereby enlarged to the third Tuesday in March next ensuing: and that the said inquirers, nominated and appointed in and by the said Act for the said parish of Christ Church, and the said districts of Stono, Beech Hill, and the east side of Pon-pon, part of St. Paul's parish, shall and may and are hereby required and im- A D. 1731. powered to take and receive the said accounts, on or before the third Tuesday in March next; and all persons whatsoever who are possessed of any lands or slaves in this Province, either in their own right or in the right of any other person or persons, or are liable to pay any tax by virtue of the said Act, shall, on or before the said third Tuesday in March next, render a particular account thereof in writing, in such manner as is required by the said Act, to the respective inquirers of the said parish and district of Christ Church, and the district of James Island, part of St. Andrew's parish, the districts of Stono, Beech Hill, and the east side of Pon-pon, part of St. Paul's parish, respectively, where the person who is to render such account does live and reside. II. And be it further enacted by the authority aforesaid, That the time for the said inquirers to make their return of the account of such lands and slaves to the commissioners in Charlestown, be and is hereby enlarged unto the second Tuesday in April next; and that the day and time appointed by the said Act for the meeting of the said Colonel Alexander Parris, treasurer, and the treasurer for the time being, Mr. Thomas Lamboll and Mr. Richard Hill, commissioners for receiving the returns of the inquirers without the limits of Charlestown plat, be and is hereby enlarged until the said first Tuesday in April next. III. And be it further enacted by the authority aforesaid, That the inquirers of the parishes of St. James Goose Creek, and St. George Dorchester, respectively, shall, within seven days next after the ratification of this Act, withdraw the several returns they have made to the commissioners aforesaid, and that the said inquirers shall proceed and value such lands at a reasonable selling price, according to the best of their judgment and information; and the said inquirers shall have power to send for such persons who have not returned the quality of their land, according to law, to make a new return of their lands, pursuant to the direction of the before recited Act, and shall advertise the names of such persons at the parish church, or other the most publick place in the said parishes, respectively, and shall make a fair return of all such accounts of such slaves and lands, and at what rates such lands are respectively valued, in writing, under their hands, in proper columns, to the said commissioners, at Charlestown, on or before the said second Tuesday in April next; and the time for the meeting of the said commissioners, to take and receive the said returns of the said inquirers, be and is hereby enlarged until the said second Tuesday in April, as aforesaid: Provided, no person shall be obliged to return to the said enquirers any lands or slaves which he or she was not possessed of on or before the eleventh day of January last. IV. And whereas, the inquirers of the parish of Prince George Winyaw, have taken the returns of the several inhabitants of the said parish, agreeable to the directions of the said herein before first recited Act, but did not make their returns of the same to the commissioners in Charlestown, within the time limited in the said last recited Act, but in all other respects pursued the intention of the said law; Be it therefore enacted by the authority aforesaid, That the returns of the said parish of Prince George Winyaw, shall be reputed and taken in all respects as good, valid, substantial, and effectual in the law, to all intents and purposes whatsoever; and the said commissioners in Charlestown shall proceed to make and proportion their rates and assessments thereon, as if the said returns, and rates and assessments, had been respectively made within the time limited and appointed in the said law for doing the same; any thing in the said Acts, or either of them, to the contrary thereof in any wise notwithstanding, VOL. III.-41. A. D. 1731. Time of pay ment of the tax enlarged. V. And whereas, the inquirers for Charlestown, for want of due notice, have not made the returns of their inquiries to the assessors of Charlestown, within the time limited by law for doing the same; Be it therefore enacted by the authority aforesaid, That the time for the inquirers of Charlestown to make their returns to the assessors for the said town, and the time for the assessors to make their assessment and return thereon to the commissioners in Charlestown, be and is hereby enlarged to the said third Tuesday in March next; and the said returns, made on or before the said third Tuesday in March next, shall be adjudged, deemed and taken to be good and effectual to all intents and purposes whatsoever, as if the same were made within the days and times respectively limited for the same in the herein before recited Acts, or either of them; any thing in the said Acts or either of them to the contrary in any wise notwithstanding. VI. And whereas, in and by the said first recited Act, it is also enacted, that the said commissioners shall post, in every parish in this Province, a full kalender month before the said tax is payable, an exact list of the assessments of the several inhabitants of the respective parishes; and whereas, by reason of the time enlarged by this Act, the said commissioners will not be able to finish their assessments so as to give such notice a kalender month before the said twenty-fifth day of March, on which the tax is payable; Be it therefore enacted by the authority aforesaid, That the time for paying the said tax appointed to be paid by the said first recited Act on or before the said twenty-fifth day of March, be and is hereby enlarged until the twenty-fifth day of May next. VII. And be it further enacted by the authority aforesaid, That the said inquirers, assessors and commissioners, meeting, taking and receiving the accounts of the several persons living and residing within their several and respective parishes and districts, and making their returns ou or before the days and times in this Act limited and appointed for the same, shall be and is hereby declared to be good and effectual to all intents and purposes whatsoever, as if the said inquirers, assessors and commissioners, had met and taken and received their several accounts, and made their proper returns within the respective days and times limited and appointed in the said first recited Act for doing the same; and the said inquirers, assessors, commissioners and collectors of the tax, and the several persons living and residing within the said parishes and districts, who are liable by the said Act to pay any tax, are and shall be liable to the same pains, penalties and forfeitures, in case of neglect or refusal to act, or to make their respective returns, as are mentioned, limited and appointed in the said first herein before recited Act; any thing in this, or the said Act, or any other Act, law or usage, to the contrary thereof in any wise notwithstanding. Charlestown, Council Chamber, JOHN LLOYD, Speaker. the six and twentieth day of February, 1731. Assented to: ROBT. JOHNSON. A. D. 1731. AN АСТ то PREVENT ANY DELAY OF JUSTICE THAT MAY BE OCCA- ON THE DAYS APPOINTED FOR THAT PURPOSE, AND FOR THE REGULA- WHEREAS, in and by an Act of General Assembly of this Province, entitled an Act for confirming and establishing the ancient and approved method of drawing Juries by ballot, among other things it is enacted, and the method and particular times of drawing juries to serve at the Courts of Common Pleas, General Sessions of the Peace, Oyer and Terminer, Assize and General Goal Delivery, in this Province, are therein particularly directed; and whereas, the juries to serve at the next ensuing Court of Common Pleas, General Sessions of the Peace, Oyer and Terminer, Assize and General Goal Delivery, were drawn in open court, during the sitting thereof, in all respects according to the tenour and direction of the said Act of Assembly (the times only excepted); to help which defects, and prevent any delay of justice that may be occasioned thereby, we therefore pray your most sacred Majesty that it may be enacted, I. And be it enacted by his Excellency Robert Johnson, Esq., Governour, Captain General and Commander-in-chief in and over 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 juries drawn in open court, as aforesaid, to serve at the next ensuing Court of Common Pleas, General Sessions of the Peace, Oyer and Terminer, Assize and General Goal Delivery, during the sitting of the Court of Common Pleas, held at Charlestown, in November last, shall and may be deemed, held and taken to be good and lawful juries, for trying, hearing and determining all causes which shall come before them, to be heard, tryed and determined at the ensuing Court of Common Pleas, to be holden this February instant; and for trying, hearing and determining all criminal causes that shall come before them to be tryed, heard and determined, at the ensuing General Sessions of the Peace, Oyer and Terminer, Assize and General Goal Delivery, to be held at Charlestown, the third Wednesday in March next ensuing. II. And it is hereby enacted by the authority aforesaid, That the several juries drawn in court, as aforesaid, shall be held, deemed and taken to be good and lawful juries, for the purposes aforesaid: and that the said jurors, so drawn and summoned, according to the tenour of the said Act, shall be liable to the same forfeitures and penalties, in case of neglect or refusal to appear, as are mentioned in the aforesaid Act; any thing in this, or the said Jury Act, contained to the contrary thereof in any wise notwithstanding: Provided nevertheless, that this Act, nor any thing therein contained, shall extend, or be taken to extend, to change or alter any clause, matter or thing in the aforesaid Jury Act contained. III. And for preventing the like inconveniencies for the future, Be it further enacted, That the jurors required by the said recited Act of Assembly to serve the Court of Common Pleas, shall hereafter be drawn by ballot, in open court, pursuant to the directions of the same, on the first, second or third days of the sitting of the Court of Common Pleas, preceding that for which they shall be summoned to serve at; except the No. 539. |