A. D. 1783. office, one moiety of the said forfeiture to his Majesty for the support of the Government, to be paid to the publick treasurer for the time being, and the other moiety to the party grieved, or to him or them that will sue for the same, with full costs of suit; all which forfeitures, that shall be under twenty pounds current money, shall be recovered upon information, on the oath of one or more witness or witnesses, before any one or more of his Majesty's Justice or Justices of the Peace, who are hereby authorized and required to issue out his or their warrant or warants to bring before him or them such offender or offenders; and in case he or they shall refuse to pay such penalty or forfeiture as aforesaid, to grant his or their warrant or warrants to levy the same, with the charges of such warrant or warrants, by distress and sale of the offender's goods; and in case no distress can be found, to commit the offender or offenders to the common goal of this Province in Charlestown, there to remain until he or they shall pay the same; and all forfeitures that shall be above twenty pounds current money, shall be recovered, with full costs of suit, by action of debt, bill, plaint or information, in any of the courts of record within this Province, wherein no wager of law, essoign, privilege or protection shall be allowed. No fees to be taken for articles not mentable of fees. lioned in the Deputy surveyors to be paid 2 pence per acre. II. And be it further enacted by the authority aforesaid, That the Surveyor General for the time being, shall not directly or indirectly receive any sum or sums of money for any other articles or charges that he may contrive or invent, for any business, matter or thing, which he or his deputies, or any other person or persons acting by or under him or them, may do and perform in his said office, save what are mentioned in the table of fees hereunto annexed, upon pain of the forfeiture of twelve pence current money, for every penny current money that he shall so receive for any article or charge not mentioned in the table of fees hereunto annexed, to be recovered by the same persons, and in the same manner as is herein before mentioned, wherein no wager of law, essoign, priviledge or protection, shall be allowed, nor any more than one imparlance. III. And whereas, for sixty years past, it has been usual to pay the deputy surveyor who surveys the land one moiety for his trouble and pains in surveying, Be it therefore further enacted by the authority aforesaid, That the said Surveyor General shall pay and satisfy his said deputies for their trouble and expences out of the aforesaid fee of four pence, that is to say, the sum of two pence current money per acre, for running out lands in this Province; and the deputies of the said Surveyor General shall and may, and they are hereby authorized and impowered from time to time, to receive to their respective uses, out of the said four pence per acre, the said sum of two pence current money per acre, for any lands they shall run out for any person or persons whatsoever, and no more; and a receipt for the said sum of two pence per acre, given under the hand of any of the said deputies, shall be a good discharge in law for the person or persons to whom the same shall be given, against the said Surveyor General, his heirs, executors and administrators, and shall and may be given in evidence on the general issue, in any action or suit in any court in this Province; any law, custom or usage to the contrary thereof in any wise notwithstanding. IV. And be it enacted by the authority aforesaid, That any person having Persons having a warrant from his Excellency the Governour, or the Commander-in-chief a warrant from for the time being, to run out land, shall carry the same to the office of the to run out land. Surveyor General for the time being, who is hereby required immediately to give such person an attested copy thereof, with a general precept there the Governor on endorsed, on such person's paying the said Surveyor General the sum of ten shillings current money, which copy shall be in all respects of equal force with the original; and upon any person's delivering such attested copy and precept thereon to any deputy surveyor, the said deputy shall immediately number and indorse such warrant, with the time when he received the same, and shall be obliged, upon notice, to survey the same, within any part of this Province, to the person first applying and giving such notice, and indorse the quantity so surveyed, returning the copy so indorsed to the owner, and a plat unto the owner of the warrant and precept, on his or their paying to the deputy surveyor his lawful fees for the same, on pain of the forfeiture of fifty pounds current money to the party grieved, to be recovered with full costs of suit, in any of the courts of record in this Province, by action of debt, bill, plaint or information, wherein no wager of law,essoign, privilege or protection, shall be allowed, nor any more than one imparlance; and that the plat or plats so received, shall by the party owner of the said warrant, be returned in to the Surveyor General's office within thirty days after he shall receive it from the deputy surveyor, on penalty of the land being deemed and actually becoming vacant; and that the Surveyor General shall certify and deliver the plat or plats within twenty days after their being so received into his office (provided the fees are duly paid or satisfied) on the penalty of forfeiting the sum of two hundred pounds current money, to be recovered as aforementioned. A. D. 1733. course anddi s V. And be it further enacted by the authority aforesaid, That the said Surveyor General or his deputies shall set down the course and distance Surveyors to of the lines in all plats, and also in case of driving any stakes the same set down the shall be mentioned, and the course and distance from any and what tree, cance in all that they may be so recorded; and that the said Surveyor General shall plats. not return any plat but what shall be made in such manner, upon pain of the forfeiture for every such offence, the sum of fifty pounds current money, to him or them that will sue for the same, to be recovered with full costs of suit, by action of debt, bill, plaint or information, in any of the courts of record in this Province, wherein no wager of law, essoign, priviledge or protection shall be allowed, or any more than imparlance. VI. And be it further enacted by the authority aforesaid, That the . said Surveyor General, within one month after the ratification of this Act, The Surveyor and every Surveyor General hereafter to be appointed for this Province, to record his before he or they take upon him or them the execution of his or their commission in the Secretary's office, shall record in the Secretary's office of this Province, his commis- office. sion for the said office, together with his instructions, on pain of the forfeiture of five hundred pounds current money, one half to his Majesty, and the other half to him or them that will sue for the same, to be recovered, with full costs of suit, in any court of record in this Province, by action of debt, bill, plaint or information, wherein no wager of law, essoign, priviledge or protection shall be allowed, or any more than one imparlance. VII. And be it further enacted by the authority aforesaid, That the said Surveyor General, within one month after the ratification of this Act, Oath to be and the Surveyor General for the time being, before he enter upon the taken by the execution of his said office, shall take the following oath, viz: I, A. B., eral and his Surveyor Gendo swear, that I will, according to the best of my skill and knowledge, deputies. faithfully execute my office of Surveyor General, according to the directions of an Act entituled An Act to ascertain the Fees of the Surveyor General for the time being, and his deputies, and to prevent any irregularities being committed in the office of the Surveyor General, or by any VOL. III.-44. A. D. 1733. Plats to be certified. Deputy surveyors may execute any of his deputies; and that I will not postpone executing any warrant, or give any undue preference unto any person or persons, for favour or affection, or on any account whatsoever: So help me God. And all the deputy surveyors, appointed or to be appointed by the said Surveyor General, shall take the same oath, mutatis mutandis, which oath shall be taken before the Governour or Commander-in-chief for the time being, or before one or more of his Majesty's justices of the peace, to be commissioned by the Governour or Commander-in-chief for the time being, for that purpose, upon pain that every person so neglecting or refusing to take such oath, shall forfeit the sum of five hundred pounds current money, one moiety of the said forfeitures to his Majesty for the support of the Government, and the other half to him or them that will sue for the same, to be recovered with full costs of suit, in any court of record in this Province, by action of debt, bill, plaint or information, wherein no wager of law, essoign, priviledge or protection shall be allowed, nor any more than one imparlance. VIII. And be it further enacted by the authority aforesaid, That the Surveyor General or his deputy shall certify every respective plat on the days the respective surveys were finished, and that the Surveyor General's return shall bear the same date with the certificate of the surveyor that runs out the land. IX. And be it further enacted by the authority aforesaid, That any of the deputy surveyors within this Province, are hereby impowered to execute any copy of a warrant and precept thereon certified, from his Excelcertified copy lency the Governour, by the Surveyor General for the time being, in any part of this Province. of a warrant. They shall record their instructions. No more fees to be taken X. And be it further enacted by the authority aforesaid, That all and every the deputy surveyors, within one month after the taking of the said oath of office, shall record in the Secretary's office of this Province, the instructions which they have received from the Surveyor General, which instructions shall not at any time be altered by the said Surveyor General, without the approbation and consent of his Excellency the Governour for the time being, and his Majesty's honourable Council, upon pain that every deputy surveyor, for every offence, shall forfeit the sum of one hundred pounds current money, to him or them that will sue for the same, to be recovered with full costs of suit, in any court of record in this Province, by action of debt, bill, plaint or information, wherein no wager of law, priviledge or protection shall be allowed, or any more than one imparlance. XI. And be it further enacted by the authority aforesaid, That if any of the deputy surveyors shall directly or indirectly receive or take any sum or sums of money for running out any land in this Province, or for than are men- any other business in the execution of their office, more than is hereby limited and appointed, shall forfeit the sum of twelve pence current money for every penny current money that he shall so receive and take, to be recovered by such persons and in such manner as the first forfeiture mentioned in this Act. tioned in this Act. The Table of the Surveyor General's Fees, mentioned in the above Act. To running any quaniity of land, per acre, four pence current money, for him and his deputy. For a plat, record of that plat, and certificate and copy of that plat delivered to the party, two pounds ten shillings current money. To an attested copy of a plat, taken out of the Surveyor General's books, thirty shillings current money. For running out of lines between party and party at their request, and A. D. 1733. not otherwise, three pounds per diem. For a copy of a warrant, and a precept indorsed thereon, ten shillings current money. To the Deputy for every day he shall ride to the place of survey and back, if above twenty miles, fifty shillings current money. PAUL JENYS, Speaker. In the Council Chamber, Charlestown, South Carolina, April 13th, 1733. AN ACT for laying out a Public Road from the Ferry at Mr. John No. 546. Parker's Plantation, on the west side of Pon Pon River, in the Parish of St. Bartholomew, to the Round O Savanna. (Passed April 13, 1733. See last volume.) AN ACT FOR THE PREVENTION OF SUITS AND DISTURBANCES TO HIS No. 547. FORASMUCH as divers evil disposed persons have, since the first day of February, 1732, spoke, done, acted and meditated divers acts, Preamble. deeds and things, during the sitting of this General Assembly, in contempt and defiance of His Majestys Government and authority, in a daring and contemptuous manner, and in defiance of the power and authority of both Houses of Assembly in this Province, and it being very apparent to His Majesty's Council and the Commons House of Assembly of this Province, that some particular turbulent and ill minded persons, have combined and confederated together in the contrivance of a new invented scheme to acquire money by speaking and acting most audaciously and contemptuously against the Legislative power of this Province, and provoking their own confinement by offending authority, and under pretence of urging their enlargement from such confinement (not by submission, confession of guilt, or request for forgiveness) have endeavored to intimidate the Magistrates of this Province by soliciting and demanding a writ or writs of Habeas Corpus, although not legally entituled thereto, and on such Magistrate's non compliance or refusal, have threatened actions, suits and vexations, in hopes of bringing the Magistracy of this Province under a general contribution to such insolent offenders; in order therefore to establish the quiet of His Majesty's Magistrates and other officers against the threats, suits and disturbances of such a malignant cabal of people, we humbly pray His most gracious Majesty that it be enacted, I. And be it enacted, by his Excellency Robert Johnson, Esq., Captain General, Governor and Commander-in-chief, in and over this Province, No public by and with the advice and consent of His Majesty's Council and the officer to be subject to suit Assembly of this Province, That no judge, justice of the peace, or other or penalty, for magistrate, minister or officer, shall be subject or liable to any action, suit, neglecting to issue Habeas prosecution or penalty, for having refused, neglected or omitted, or that Corpus in does or shall refuse, neglect or omit, the siguing or granting any writ or certain cases. A. D. 1733. The Magistrate may plead the general issue, and give this Act in evidence. writs of habeas corpus, or that has, does or shall refuse obedience thereto, if granted already, or that shall be granted upon the petition or application of any person or persons that was, is, or shall be committed to the custody of the marshall, by order of His Majesty's Council, or that was, is, or shall be committed to the custody of the messenger of the Commons House of Assembly, by order of the said House, signed by the Speaker, for any contempt, violation or breach of privilege of either of the said Houses, or for any other crime whatsoever, since the said first day of February, 1732, or that shall be made by either of the said Houses for the matters aforesaid, during the present sessions; and if any judge, justice, magistrate, minister, marshall, messenger or other officer, shall at any time or times hereafter, be sued or prosecuted for any sum or sums of money, pain or penalty whatsoever, by virtue or in pursuance, or under colour of any law or statute whatsoever, for or on account of his refusing to sign, grant or issue any such writ or writs of Habeas Corpus, or to obey the same if granted, or that shall be granted on the petition of any person confined as aforesaid, that then it shall and may be lawful to and for such judge, justice, magistrate, minister, marshall, messenger or other officer, to plead the general issue, and give this Act, or any other special matter or matters, in evidence, for his discharge and acquittal, and this Act, on such general issue, shall be admitted and taken in all Courts of Record in this Province, in barr and full and perpetual discharge of all such suits, actions or information; any law, statute or usage, to the contrary notwithstanding; or it shall and may be lawful for all and every such person and persons this Act to plead in barr to any such suit, action or information, which shall be adjudged a good barr to all intents and purposes whatsoever; and this Act is hereby declared to be a publick and general Act, and as such to be taken notice of to all intents and purposes whatsoever, without specially pleading the same. PAUL JENYS, Speaker. In the Council Chamber, Charlestown, South Carolina. Assented to: ROBT. JOHNSON. N. B.-This Act is not dated formally, but from intrinsic evidence, it is of the last day of the session, 4th May, 1733. It was repealed by the King in Council, on the 11th April, 1734, as follows: At the Court at St. James, the eleventh day of April, 1734. WHEREAS, by commission under the great seal of Great Britain, the Governour, Council and Assembly of His Majesty's Province of South Carolina, are authorized and impowered to make, constitute and ordain laws, statutes and ordinances, for the peace, welfare and good government of the said Province, which laws, statutes and ordinances are to be as |