A. D. 1736. title. ever, are mortgaged as aforesaid, to the said trustees, according to the directions of this Act, it shall appear that the party mortgaging had no good right or title to the premises mortgaged, or if the said trustees shall ap- Remedy in case prehend there is any danger of loosing the moneys or any part thereof of defective advanced in loan upon the credit of such lands, tenements, messuages or hereditaments, it shall and may be lawful to and for the said trustees, and the trustees for the time being, to enter up judgment on the bond and warrant of attorney (which they are always required to take from the mortgagor at the time of his giving his mortgage, for the further and better security of the sum in the said paper bills, silver or gold, borrowed from the said trustees) of the said mortgagor, and to take out execution either against his person or goods, as they shall think shall best tend to securing the money due on such bond and mortgage. XV. And be it further enacted by the authority aforesaid, That if any person or persons who shall take upon loan any of the said bills of credit, Releases and discharges to be shall at any time after the end of one year next after the taking of the made on paysame, see cause, and shall pay down the sum so taken in the said bills of ment. credit, and the interest then due on the same, in silver or gold, at the rates aforesaid, then and in such case, every such person shall be released and discharged, by indorsement to be made in writing by the said trustees on the back of the said mortgage, under their hands and seals; and the said messuages, houses, lands, tenements and hereditaments in the said mortgage contained, and the person of the said mortgagor, his heirs, executors and administrators, and his and their goods and chattels, shall stand forever discharged against the said trustees and every of them, any thing in the said mortgages, bonds and warrants of attorney or either of them, to the contrary in any wise notwithstanding. nominated. XVI. And be it further enacted by the authority aforesaid, That the Honourable John Fenwicke, Esq. and Gabriel Manigault, Esq. Charles Commissionors Pinckney, Othniel Beale and Thomas Lamboll, Esq. be and they are hereby nominated and appointed commissioners for the imprinting, stamping, signing and issuing the bills of credit by this Act directed to be imprinted, stamped, signed and issued, and trustees for having and executing all and singular the trusts, powers and authorities in this Act directed, given, granted or appointed; and that in case of the death, refusal to act, or removal from this Province of any of the said commissioners and trustees, other person or persons shall be appointed by the General Assembly in the room of those dying, refusing to act, or removing from this Pro- Case of death vince, who shall have all and the same powers and authorities, and be under the same obligations as the commissioners and trustees named in and by this Act. or removal. XVII. And be it further enacted by the authority aforesaid, That the Commissioners said commissioners appointed or to be appointed by virtue of this Act, may be discharged by the shall be subject to be removed and displaced by the General Assembly, Assembly. and not otherwise. XVIII. And be it further enacted by the authority aforesaid, That if any person or persons whatsoever shall forge or counterfeit any of the said Penalty on bills of credit, by this Act directed to be imprinted, stamped, signed and counterfeiting. issued, or that shall exchange with the said trustees any such forged or counterfeited bills, or that shall utter any such forged or counterfeited bill, (knowing the bill or bills so exchanged or uttered to be forged or counterfeited,) or that shall council, advise, procure or any ways assist in the forging, counterfeiting, imprinting, stamping or signing of any such false bill or bills, or that shall engrave any plate, or make any other instrument to be used in making such false or counterfeit bill or bills, that then every A.D. 1736. such person and persons so offending and being thereof lawfully convicted, shall be adjudged to be guilty of felony, and shall suffer the pains of death as a felon without benefit of the clergy. and this act giv person or XIX. And be it further enacted by the authority aforesaid, That if any General issue action or suit whatsoever shall at any time hereafter be sued or prosecutmay be pleaded ed against any of the said commissioners, trustees or any other en in evidence. persons whatsoever, for any matter or thing whatsoever, which they or any or either of them shall do or cause to be done, by virtue or in pursuance of the directions of this Act, that in all and every such actions and suits, it shall and may be lawful to and for the defendant and defendants, to plead the general issue and give this Act and the special matter in evidence, and in case the plaintiff or plaintives in such action or suit shall discontinue, become non suit or a verdict shall pass against him or them, it shall and may be lawful to and for the court in which such action or actions is sued, prosecuted or commenced, to tax and allow to every such defendant and defendants, his and their treble costs of suit, for which the said defendant and defendants shall have like remedy as is given by law to other defendants. This act not to be in force till approved by his Majesty. XX. And be it further enacted by the authority aforesaid, That neither this Act nor any thing herein before contained, shall be of any force, power or efficacy, but the same is wholly suspended, until his most sacred Majesty's royal approbation and allowance thereof, shall be known and signified to the Governour and Commander-in-chief for the time being, any thing herein before contained to the contrary thereof in any wise notwithstanding. PAUL JENYS, Speaker. In the Council Chamber, 29th May, 1736. Assented to: THOS. BROUGHTON. No. 598. AN ACT for regulating the Markets in the Parish of St. Philip's Charlestown, and for preventing forestalling, engrossing and regrating, and unjust exactions, in the said Town and Market. (Passed May 29, 1736. The original not to be found.) No. 599. AN ACT for preventing, as much as may be, accidents which may happen by fire in Charlestown, in the Province of South Carolina. (Passed May 29, 1736. See last volume.) No. 600. AN ACT for the better relief and employment of the Poor of the Parish of St. Philip's Charlestown, and for the suppressing and punishing Rogues, Vagabonds, and other lewd, idle and disorderly persons. (Passed May 29, 1736. See last volume.) A. D. 1736. AN ACT further to impower the Commissioners of the High Roads No. 601. in the Parish of St. Philip's, St. James's Goose Creek, and St. Andrews. (Passed May 29, 1736. See last volume.) AN ACT FOR INCORPORATING THE VESTRY OF THE PARISH OF ST. No. 602. THOMAS, IN BERKLEY COUNTY, AND TO ENABLE THE SAID VESTRY MORE EFFECTUALLY TO PUT IN EXECUTION THE TRUSTS REPOSED IN THEM BY THE LAST WILL AND TESTAMENT OF RICHARD BERESFORD, Recital of the WHEREAS, Richard Beresford, (late of the Province of South Carolina,) Esq. deceased, sometime in or about the mouth of May, in the year of our Lord one thousand seven hundred and fifteen, duly made and published his last will and testament in writing, and therein and thereby (amongst other things) did give, devise and bequeath unto his son John Preamble. Beresford, his heirs, executors, administrators and assigns forever, all and singular his the said Richard Beresford's goods and chattels, lands, tene- will of Richard ments and hereditaments whatsoever, in the said Province of South Beresford. Carolina, or elsewhere (except what was therein before and thereinafter devised) when he the said John Beresford should attain unto the age of one-and-twenty years; and the said Richard Beresford therein and thereby declared, that his will was that his said son John Beresford, should have all due and liberal education, maintenance and subsistance out of the yearly profits and produce of all his real and personal estate therein before mentioned to be devised to his said son, according to the direction of his executor thereinafter named, until his said son should attain the age of one-and-twenty years; and the said testator did further give, devise and bequeath unto the honourable Colonel Thomas Broughton, thereinafter appointed his executor, the sum of ten pounds per centum per annum, for every one hundred pounds he should make of the clear yearly profits and produce of the real and personal estate devised to his said son, for the said Colonel Broughton's care and management thereof, until his the said testator's son should arrive to the age of one-and-twenty; and the said testator did, by his said will, further give, devise and bequeath unto the said Colonel Thomas Broughton, his executors and administrators, all the rest, residue and remainder of the yearly profits and produce of his said real and personal estate not therein before devised, until his said son should attain to his age of one-and-twenty years, upon special trust and confidence, and for the several uses, intents and purposes hereinafter mentioned, that is to say, upon trust that he the said Colonel Thomas Broughton, should yearly and every year, pay the same into the hands of the vestry, for the tirne being, of the parish of St. Thomas, in Berkley county, to be disposed of by the said vestry, or the major part of A. D. 1736. them, in manner following, that is to say, one third part thereof to the school master or school masters of the said parish, for the time being, and the other two thirds of the said residue of the said profits and produce of his said real and personal estate, until his said son should come of age, for and towards the support, maintenance, tuition and education of the children of the poor of the said parish, as shall be there sent to school during the time aforesaid, to be taught and instructed in reading, writing and casting accounts, learning of the several languages, mathematicks or other liberal learning and education, as the said vestry shall direct; and in case there should be no school master or school masters residing and teaching in the said parish of St. Thomas, the said Richard Beresford's will was, that the said vestry should employ the said profits of the said estate so to be paid into their hands, towards the building of a school or schools in the said parish, until a school master or school masters can or may conveniently be had, or put the same out at interest for any the purposes aforesaid, as they shall think best and most convenient; and his will further was, that the said vestry of the said parish, for the time being, should have the nomination or choice of all or any such school master or school masters, and at pleasure the same to remove and displace, if they shall see occasion. And whereas, Colonel Thomas Broughton, the executor in the said will named, proved the said will, and took upon himself the burthen of the execution thereof, together with the several trusts and confidences in him by the said will reposed, and hath paid all the testator's just debts, and also divers large sums of money which did arise from the profits and income of the testator's estate during the minority of the aforesaid John Beresford, the son, into the hands of several of the vestry of the said parish of St. Thomas, for the time being. And whereas, the said John Beresford, the son, is now arrived to his age of one-and-twenty years, and the several trusts by the said will reposed in the said Colonel Thomas Broughton, are now ceased and determined. And whereas, it is highly reasonable and just that the charitable and pious intentions of the testator should be effectually put in execution, and that the moneys arising by the said legacy or donation, should be carefully continued and applyed to and for the several uses, intents and purposes in the aforesaid last will and testament directed and appointed, we therefore most humbly pray your most sacred majesty that it may be enacted, The vestry I. And be it enacted, by his Honor Thomas Broughton, Esquire, your Majesty's Lieutenant Governour and Commander-in-chief, in and over incorporated. your Majesty's Province of South Carolina, by and with the advice and consent of your Majesty's honourable Council and the Commons House of Assembly of the said Province, and by the authority of the same, That all and every the person and persons who shall be from and after the twentieth day of June, which shall be in the year of our Lord one thousand seven hundred and thirty-six, annually chosen and elected to serve as vestry men for the said parish for the time being, shall be, and they are hereby declared to be one body corporate and politick, in deed and in name, by the name of the vestry of the parish of St. Thomas, in Berkley county, and by the same name the said vestry so to be chosen and elected as aforesaid, shall from time to time and at all times hereafter, have perpetual succession, and a common seal, with full power and authority to change, alter, break and make new the same, when and as often as they shall see expedient; and that the said vestry, for the time being, so to be chosen as aforesaid, and their successors, the vestry of the said parish, for the time being, shall be and they are hereby declared, able and capable in law, to have, hold, receive, enjoy, possess and retain to them and their successors, the vestry of the said parish, for the time being, all such estate, real or personal, money, goods, chattels or effects, as by the said Richard Beresford were bequeathed or devised to and for the charitable uses and intents in the aforesaid will mentioned, or which have been purchased for the use or benefit of the said donation, and all securitys for the same; and by the same name shall sue and be sued, implead and be impleaded, answer and be answered, in any Court or Courts within this Province. A. D. 1736. this testamen II. And be it further enacted by the authority aforesaid, That after an account shall be taken by the said vestry of the lands, moneys, and effects An account to of and belonging to the said donation, the same shall be deemed and be taken of taken as the capital stock of the said vestry for the purposes aforesaid, tary donation. and shall be kept or placed out at interest, and the future interest and produce thereof, shall hereafter be applyed towards building or repairing a school or schools, and paying a school master or school masters, and for and towards the support, maintenance, tuition and education of the children of the poor of the said parish of St. Thomas, as shall be thereafter sent to school, in such manner and according to the rules of proportion mentioned and directed in and by the said testator's last will. III. And whereas, the said vestry will have paid into their hands a very large sum of money, arising or to arise by virtue of the said last will and Oath to be testament of the said Richard Beresford, deceased, by reason whereof the taken by the trust reposed in the faithfulness, integrity and abilitys of the members of vestry men. the said vestry, ought to have more than ordinary security, Be it therefore enacted by the authority aforesaid, That no person or persons whatsoever (the rector of the said parish for the time being excepted) shall be elected, deemed or taken as a member or members of the said vestry, or have a right to vote as such, until he or they shall have taken and subscribed the following oath, (any law, usage or custom to the contrary, in any wise notwithstanding) to wit, "I, A B, do solemnly and sincerely acknowledge and swear, that I do not owe or am indebted to the vestry of the parish of St. Thomas, in Berkley county, on account of the donation of Richard Beresford, Esq. deceased, any sum or sums of money whatsoever, and I do solemnly promise that I will not, during the time of my being a vestry man, apply for, or take up at interest, any sum or sums of money of or from the said vestry; and that I will well and faithfully execute the office of a vestry man of the parish of St. Thomas, and to the utmost of my power, observe and follow the directions of the Act of the General Assembly, made for incorporating the said vestry and for other purposes in the said Act mentioned, so help me God." Which oath shall be administered by some justice assigned to keep the peace in and for Berkley county, and by him certified to the said vestry. Vestry meeting IV. And be it further enacted by the authority aforesaid, That the members of the said vestry being duly qualified, shall and may meet and assemble together, in the vestry room of and belonging to the said parish four times a of St. Thomas, four times in every year, that is to say, on the second year. Tuesday after Easter day, the first Tuesday in June, the first Tuesday in September, and the first Tuesday in December, or oftener if the affairs of the said vestry shall require, upon seven days notice to be given and published in the parish church of the said parish of St. Thomas; and that all and every the matters and things that shall be moved, stirred, debated or done, in or by the said vestry, shall be done, transacted, ordered and determined by the consent, advice and approbation of the greater part of the members of the said vestry that shall be present and together at the time of their assemblys or meetings; provided always, that nothing shall VOL. III.-55. |