A. D 1735. AN АСТ то PROVIDE A FULL SUPPLY FOR SUBSISTING POOR PROTES- No. 593. THIRTY-ONE. WHEREAS, it is now found by experience, that the sum of five thousand pounds per annum, appropriated by a law commonly called Preamble. the appropriation law, is not sufficient fully to provide for and accommodate new comers, according to his Majesty's Royal intentions, for the better settling and strengthening of this his Province: And whereas, the General Assembly of this Province have promised, that in case the said sum of five thousand pounds, part of the dutys mentioned in the said law, should not be sufficient for that purpose, that they would provide a further sum to make good the deficiency, as far as the amount of the duty on negroes to be imported in this Province; in order therefore to answer his Majesty's intentions, and to establish and make good the promise aforesaid, and that ample provision may be made for poor Protestants coming from Europe, in order the better to strengthen and defend the frontiers of this Province, by settling in the new Townships aforesaid, we most humbly pray your most sacred Majesty, that it may be enacted, tax for this year, to the this Act. I. And be it enacted, by his Honor Thomas Broughton, Esq. Lieutenant Governour, by and with the advice and consent of his Majesty's honoura- Appropriation ble Council and the Commons House of Assembly of this Province, and of the negro by the authority of the same, That all the moneys arising by dutys on negroes imported into this Province, from and after the twenty-fifth day purposes of of March, in this present year, one thousand seven hundred and thirtyfive, shall be and they are hereby appropriated and applied to and for the use of purchasing tools, provisions and other necessarys for poor Protestants lately arrived in this Province, or who shall come from Europe and settle in his Majesty's new Townships, laid out in this Province; any law, usage or custom, to the contrary notwithstanding. II. And be it further enacted by the authority aforesaid, That all such sum and sums arising as aforesaid, shall be issued and paid for the purposes How to be aforesaid, in the most equal manner, always giving preference to and first expended. providing for the settlers in the Townships most exposed, and which may be judged most conducive to the strengthening the barrier against our Indian or other enemys. Duty of the III. And be it further enacted by the authority aforesaid, That the publick treasurer for the time being, shall still continue to receive of the said publick orders in payment for dutys inward, and shall discount or Public Trea pay the interest due thereon, charging the same agreeable to the direc-surer. tions of a law commonly called the appropriation law; and the nett sum remaining, after deducting the interest as aforesaid, are the moneys meant and intended by this law to be applyed for the uses aforesaid. IV. And whereas, by the application of the dutys on negroes as aforesaid, there will be outstanding in specie, of the public orders unprovided Tax on land for on the twenty-fifth day of March last, about the sum of thirty-one VOL. III.-52. and slaves. A. D. 1735. thousand pounds; in order therefore that the same may be paid off, cancelled and destroyed, Be it enacted by the authority aforesaid, That there shall be and is hereby assessed and taxed, and shall be annually levied and paid by the inhabitants and owners of lands and slaves in this Province, the sum of five shillings current money per head, for all slaves, and two shillings and six pence like current money, for every hundred acres of land without the limits of Charlestown; and sixteen hundred pounds per annum shall be raised on the inhabitants of Charlestown and others, who own either slaves, houses or lands within the limits of Charlestown plat; which sum and sums as aforesaid, shall be paid by the respective owners, guardians, attorneys, executors and administrators of and for all lands, slaves or houses, annually, into the publick treasury, at the same time and times as the annual general taxes are respectively paid. In case of deficiency. Collectors authorized to V. And whereas, it is uncertain how much will be the amount of the said tax in the whole, Be it further enacted by the authority aforesaid, That if it shall so happen that the said sum of sixteen hundred pounds so to be raised by the parish of St. Philips, Charlestown, shall not be a sixth part of the whole to be raised as aforesaid, on the town and country, then what shall be wanting to make the same one sixth part as aforesaid, shall be made up in the next year's tax by the said parish; and if it shall amount to more than one-sixth part as aforesaid, then there shall be remitted and abated to the said parish, out of the next year's tax, so much as they shall raise over and above the one-sixth part as aforesaid, in the preceding year; and in case any person or persons shall be guilty of concealing either the number of slaves or quantity of land for which they ought to pay the annual tax as aforesaid, or shall neglect by the space of one whole month, to pay or cause to be paid into the publick treasury the sum or sums required by this Act, over and above any general tax which may hereafter be raised, he, she, or they, shall forfeit treble the value hereby intended to be assessed, and which shall be recovered in the manner hereinafter directed. VI. And be it further enacted by the authority aforesaid, That the several inquirers, assessors and collectors of the general tax, for the several parishes in this Province, hereafter to be annually appointed, shall collect this tax. have the same powers and authorities within their respective parishes and districts, for collecting and gathering in the several rates and proportions of taxes aforesaid, for the purposes aforesaid, as they have or shall have by the tax law for inquiries, assessing and collecting in the general tax of the then current or preceding year; and the said inquirers, assessors and collectors, shall be obliged to make their several inquiries, assessments and collections aforesaid, and to return the same moneys at the same days and times upon oath, when done, to the publick treasurer, under the same pains and penalties as the said inquirers, assessors and collectors are respectively subject and liable to by the said tax law and laws respectively. Surplus how disposed of. VII. And if it should so happen, that the amount of the said moneys herein mentioned, should be more than shall be necessary for the purposes aforesaid, Be it further enacted by the authority aforesaid, That all such surplus so remaining, shall be appropriated and applied annually, as the General Assembly shall from time to time order and direct; any law or statute to the contrary notwithstanding. VIII. And be it further enacted, That all such sum or sums received by the publick treasurer as aforesaid, shall be immediately applyed for exchanging and paying off the publick orders aforesaid, which orders so paid off shall immediately, in the presence of a committee of both Houses, be burned to ashes. IX. And be it further enacted by the authority aforesaid, That this Act, A. D. 1735. and every matter and thing herein contained, shall continue and be in force for and during the term of three years from the ratification of this Limitation of Act, and from thence to the end of the next session of the General this act. Assembly, and no longer. PAUL JENYS, Speaker. In the Council Chamber, the 7th June, 1735. Assented to THOS. BROUGHTON. : AN ACT FOR THE MORE EFFECTUAL PREVENTING THE COUNTERFEITING No. 594. WHEREAS, divers ill disposed and wicked persons, designing the hurt and damage of this Province, and of his Majesty's good subjects within the same, and for base lucre and gain to themselves, have forged and uttered several counterfeit bills in likeness and imitation of the current and lawful bills of this Province; for the remedy of which evil, and prevention as much as may be of the like for the future, we humbly pray your most sacred Majesty that it may be enacted, Preamble. I. And be it enacted, by the Honourable Thomas Broughton, Esq. Lieutenant Governour,Captain General and Commander-in-chief in and over this his Majesty's Province of South Carolina, by and with the advice and consent of his Majesty's honourable Council and the Cominons House of Assembly of this Province, and by the authority of the same, That all and every the owners and possessors of any of the denominations of the current bills of this Province, that is to say, the fifteen pounds, four pounds, Denominations and three pounds bills, which are supposed to be counterfeited, shall on or of bills supposbefore the seventh day of August next ensuing the ratification of this Act, ed to be counbring in and deliver unto the commissioners hereinafter named and appointed, all the said bills of such denominations supposed to be counterfeited; and that from and after the said seventh day of August, none of the said bills of those denominations so supposed to be counterfeited and which are not brought into the commissioners by the said time, shall have Currency any further currency or force in law, but are hereby prohibited and forbid- prohibited. den to pass, and declared of no value; any law or usage to the contrary thereof in any wise nothwithstanding. terfeit. II. And be it further enacted by the authority aforesaid, That in case it shall hereafter appear to the commissioners or the commissioners for the time being, that any other denominations of the current lawful bills of this Province are counterfeited, then, upon application by them to his Honour the Lieutenant Governour, or the Governour for the time being, a procła mation shall be issued for calling in such bills supposed to be counterfeit- Proclamation ed, within a certain time, (provided, not less than two months be limited may be issued. for that purpose,) and declaring the same to be not current, and of no value after the said time; which said bills of the said denominations shall be dealt with by the said commissioners, and they shall have the same powers and authoritys and shall proceed in the same manner with regard thereto, as they have or do in relation to the denominations of fifteen pounds, four pounds and three pounds bills herein before mentioned. A. D. 1735. Account to be kept of bills brought in. III. And be it further enacted by the authority aforesaid, That the commissioners hereinafter named, and the commissioners for the time being, shall keep an exact and distinct account of the several persons names who shall bring in the said bills, and the numbers and value of each denomination thereof brought in by each respective person; and the said commissioners are hereby directed and authorized to exchange all such bills so brought in, and which are genuine bills made off the true plates of such respective bills, (of the genuineness and validity whereof the said commisCommissioners sioners or a majority of them are hereby declared to be judges) with such to judge of their persons for other genuine bills of the same value, or shall reissue the same genuineness. to such persons, with such additional devices and marks as the said commissioners shall judge most proper to prevent the counterfeiting thereof for the future. Warrants to be issued against suspected persons. IV. And be it further enacted by the authority aforesaid, That the said commissioners and the major part of them, are hereby authorized and required, when and as often as any bills shall be brought to them which they shall have reason to believe are counterfeits, to examine the persons on oath bringing in the same, from whom they received the said bills, and to issue their warrants under their hands and seals, to apprehend and bring before them all persons they shall suspect to have been guilty of making or knowingly uttering such counterfeit bills; and if on examination of such persons the said commissioners shall have reason to believe them to be guilty of or concerned in such counterfeit bills, they shall bind them over with two sufficient suretys, to appear at the next General Sessions of the peace, oyer and terminer, assize and general goal delivery, there to be dealt with according to law; and in case such suspected persons cannot find such security, then to commit them to the common goal in Charlestown, there to remain till they are discharged by due course of law; and the said commissioners are hereby authorized and required to keep and detain in their hands all such bills as they shall judge to be counterfeits, keeping an exact and particular account of the names of the persons who brought in such bills, together with the number and particular denominations thereof, until the next meeting of the General Assembly, and shall then lay them before the said General Assembly for their advice and direction therein. V. And be it further enacted by the authority aforesaid, That the bills so to be given out and reissued by the said commissioners, shall be deemed, adjudged and taken to be lawful current bills of this Province; and if Bills reissued to any person or persons whatsoever, shall hereafter presume to forge, counbe deemed cur- terfeit or utter any of the said bills so to be given out or reissued by the said rent money. Penalty for counterfeiting. commissioners, or the commissioners for the time being, or any other the current and lawful bills of this Province, (knowing the same when uttered to be false and counterfeit,) or that shall counsel, advise, procure or any ways assist in the forging, counterfeiting, imprinting, stamping or signing of any such false bill or bills, or engrave any plate, or make any other instrument to be used in making any such false and counterfeit bills, every person and persons so offending, being thereof lawfully convicted, shall be adjudged to be guilty of felony without benefit of the clergy, and shall suffer the pains of death as a felon, any law, usage or custom to the contrary notwithstanding; and the estate of the person and persons convicted (if any he, she or they shall have,) shall be first applyed to make satisfaction to the person and persons injured by such counterfeit bill and bills. VI. And be it further enacted by the authority aforesaid, That the said commissioners shall within three days next after the ratification of this Act, cause public notice to be given by posting the same in Charlestown, and publishing it in the next Gazette, the several denominations afore- A. D. 1735. said of the bills that are supposed to be counterfeited and are hereby required to be brought in, to the end that all persons possessed of such Counterfeit debills may have due time to bring them in; and if the said commissioners, nominations to be published. or any of them, shall be sued or prosecuted for any matter or thing which he or they shall do or cause to be done by virtue of this Act, it shall and may be lawful for him and them to plead the general issue, and give this Act and the special matter in evidence; and in case the plaintiff or plaintiffs in such suit or action shall discontinue, become non-suit, or a verdict pass against him or them, the judges in the court in which such action shall be brought, shall tax and allow to every such defendant, his treble costs of suit, and shall cause execution for the same to be accordingly issued. to sign and VII. And be it further enacted by the authority aforesaid, That the said commissioners, and the commissioners for the time being, or the major Commissioners part of them, shall make and print off, and duly sign, to the amount issue bills in the whole of ten thousand pounds current money in the current to amount of bills of this Province; which said sum of ten thousand pounds shall be £10,000. lodged in the hands of the Public Treasurer for the time being, and shall be by him from time to time issued and exchanged for such of the current lawful bills of this Province which shall be torn, obliberated or defaced, and shall be brought to him for that purpose, and shall not be issued on any other account or pretence whatsoever; and the said Treasurer shall once every year render an account to the General Assembly, of the sums he shall yearly exchange for torn, obliterated and defaced bills or parts thereof, to the end that such torn, obliterated and defaced bills or parts thereof, may before a committee of both houses be burned or destroyed. VIII. And be it further enacted by the authority aforesaid, That the Honourable John Hammerton, Esq. Charles Pinckney, Othniel Beale, Commissioners Roger Saunders, Gabriel Manigault, Esquires, and Mr. John Champ-nominated. neys, be, and are hereby nominated and appointed commissioners of this Act, and to have, use and exercise all and singular the powers and authoritys therein given and granted; and in case any of the said commissioners shall happen to dye, depart this Province, or refuse to act, that then and in such case, his Honour the Lieutenant Governour, and the Governour for the time being, shall and may appoint another commissioner or commissioners in his and their room so dyeing or departing this Province, or refusing to act. In the Council Chamber, 7th June, 1735. PAUL JENYS, Speaker. Assented to: THOS. BROUGHTON. AN ORDINANCE impowering the Public Treasurer and Comptroller |