A. D. 1736. dying. former law or Act of Assembly, notwithstanding the same be repealed or expired, and the same may be recovered by virtue of a warrant under the hand and seal of the Publick Treasurer. XXIV. And be it enacted, That in case any person shall happen to dye Persons taxed between the time of giving in his account to the said collectors and inquirers, and the paying of his tax, and any goods or chattels of the deceased, to the value of the sum he was assessed at, shall come to the hands of his executors or adininistrators, or any executors in their own wrong, such executors or administrators shall pay the same by the time before limited, prior to all mortgages, judgments and debts whatsoever, (debts due to his Majesty excepted) or otherwise a warrant or execution shall issue against the proper goods of such executor or administrator; and if any person between the time limited for rendering the account of his estate to the collectors and inquirers aforesaid, and the time of paying in his tax, shall be about to depart this Province, the said collectors and assessors are hereby directed and required forthwith to levy the same, notwithstanding the days of payment are not then already come, unless such person will find sureties to the likeing of the said collectors and assessors for the payment thereof, at the time appointed. fraudulent. XXV. And be it further enacted, That all deeds of gift, conveyances, Evasive deeds mortgages, sales and assignments of lands and tenements, goods and chattels of any person whatsoever, made with an intent to avoid being assessed or paying tax, are hereby deemed and declared to be fraudulent and null and void, to all intents and purposes whatsoever. Mortgaged property. XXVI. And be it further enacted, That in case any person who has mortgaged any part of his real and personal estate, shall refuse or neglect to pay tax for the same, the mortgagee shall be answerable and liable to pay the sums assessed on the mortgagor, provided that such estate be in the possession of the mortgagee. XXVII. And be it further enacted by the authority aforesaid, That the Penalty on said publick treasurer and collectors, enquirers, assessors, marshall, conneglect of duty. stables and every other magistrate or officer, who shall neglect or refuse to do and perform the several matters hereby required of them to be done respectively within the time prescribed by this Act, shall, for every such naglect or refusal, forfeit the sum of one hundred pounds current money, to be recovered in any Court of Record in this Province, 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, by action of debt, bill, plaint or information, wherein no essoign, priviledge, protection or wager of law, shall be allowed or admitted. Inquirers &c. dying or removing. the provost XXVIII. And be it further enacted by the authority aforesaid, That in case any of the inquirers, collectors and assessors before mentioned, should happen to die, refuse to act, or depart this Province, before they have executed the powers and authorities hereby given them, that then his Excellency the Governour, or the Commander-in-chief for the time being, is hereby impowered to nominate and appoint another fit person in the room of him so dying, refusing to act, or going off, and the person so appointed, shall have the same powers, and be under the same penaltys as the assessors, collectors and inquirers hereby nominated. XXIX. And be it further enacted by the authority aforesaid, That the Process against publick treasurer, for the time being, be and he is hereby impowered to grant immediate execution against the provost marshall, for the time being, and all former provost marshalls, and in case of their decease, against their executors and administrators, where there are assetts for all arrears of taxes due and owing to the publick of this Province, and also against marshall and others. all former constables and collectors of taxes, and collectors for the time A. D. 1736. being, for all taxes now or hereafter to grow due, when the time is or shall be elapsed for paying in the same; and in case the publick treasurer shall grant any execution or executions against any of the persons aforesaid, where there is nothing due, or for more money than is come to their hands, it shall and may be lawful to and for such person against whom such execution is wrongfully granted, to maintain an action at law against such treasurer, and recover double damages and treble costs of suit. XXX. And be it further enacted by the authority aforesaid, That if any collector or inquirer, assessor, provost marshall, constable, publick General issue treasurer, or other person whatsoever, shall happen to be sued for any may be pleaded matter or thing whatsoever by him or them done, in execution of this and this Act law, it shall and may be lawful for such person and persons aforesaid to dence. given in eviplead the general issue, and give this Act and the special matter in evidence; and in case a verdict shall pass for the defendant or defendants, he or they shall recover double costs of suit. road commis XXXI. And whereas the parish of St. Pauls, in Colleton county, hath been, by an Act of the General Assembly of this Province, divided, and in and by the said Act the said parish as it stood before Duty of certain such division was obliged and charged with the reparation of all sioners. and singular the bridges in the said undivided parish, in a proportionable manner, which should want repair, and be repaired in two years next after the ratification of the said Act; and whereas the bridges commonly called Wallace's and Danbridge's bridges, in the said undivided parish, are gone very much to decay, but the same, through some unavoidable accidents, cannot be repaired before the expiration of the said two years; and whereas the proportion of the charge of that part of the said parish of St. Pauls, now called St. Johns, in Colleton county, towards repairing the said bridges, hath been computed at the sum of two hundred and seventy-five pounds current money, but the same cannot be raised and lodged within the said two years from the passing the said Act for dividing the said parish of St. Pauls, for the remedy whereof, Be it further enacted by the authority aforesaid, That the said sum of two hundred and seventy-five pounds shall, on or before the second Tuesday in September next ensuing the ratification of this Act, be assessed, raised and levyed by the commissioners of the high roads, publick paths and bridges, in that part of the said parish of St. Pauls now called St. Johns, in Colleton county, in the same way and manner as the commissioners of any high roads, publick paths and bridges, assess, raise and levy the charges of repairing any publick paths or bridges by the laws of this Province; and the commissioners of the said parish of St. Johns shall pay over the said sum of two hundred and seventy-five pounds into the hands of the commissioners of the high roads, publick paths and bridges. in the said parish of St. Pauls, on or before the said second Tuesday in September next, to be applyed for and towards the repairing the said bridges, commonly called Wallace's and Danbridge's bridges. XXXII. And whereas the charges of the government for the current year will amount to the sum of thirty-one thousand three hundred and Schedule of eighty-seven pounds three shillings and seven pence, and there being now appropriation. in the hands of the publick treasurer a surplus of the last preceding country tax, amounting to the sum of one thousand pounds, which with the said sum of thirty thousand three hundred and eighty-seven pounds. three shillings and seven pence herein before directed to be levyed, will amount to the said sum of thirty-one thousand three hundred and eightyseven pounds three shillings and seven pence, Be it therefore enacted by A. D. 1736. the authority aforesaid, That the aforesaid sum of thirty thousand three hundred and eighty-seven pounds three shillings and seven pence, to be raised and assessed on the inhabitants of this Province, as aforesaid, as also the aforesaid sum of one thousand pounds current money, now in the hands of the publick treasurer, shall be appropriated, applied and paid by the publick treasurer, according to the schedule or estimate hereunto annexed, and not otherwise. THE SCHEDULE TO WHICH THE ANNEXED ACT REFERS. ON THE ESTABLISHMENT FOR PAYING THE GARRISON AT FORT MOORE. £55 535 00 00-£8983 03 00 Six men, at £6 per month, St. Philips, Charlestown, TO PAROCHIAL CHARGES. Twelve other parishes, at £40 each, TIONS ON ACCOUNTS, &c. To the Gunner of Charlestown, To Miles Brewton, per house rent for the Assembly, To the Messenger of Assembly, on a resolution, To Jesse Badenhope, Clerk of the Council, To Alexander Cramahee, for a year's service, Ditto, an account allowed, To Charles Shephard, for hire of court room, To Philip Massey, account allowed cleaning small arms, To Edward Crofts, account allowed, To Childermas Crofts, account allowed, To Alexander Skeen, Esq. running the line between 200 00 00 125 00 00-£ 325 00 00 600 00 00 732 00 00-£1332 00 00 250 00 00 158 10 00-£ 408 10 00 595 16 00-£895 16 00 200 00 00 102 05 00-£ 302 05 00 100 00 00 320 01 02 3 00 00 136 15 00 480 00 00 Ditto, an account allowed as Attorney General, J. Floyd, three orders on Southern Lookout, Daniel View, alias Fue, per two orders per ditto, To John Milner, cleaning small arms, To Elias Horry, Coroner of Craven county, Andrew Rutlidge, two accounts allowed, viz: £50 and £48 10, Lewis Timothy, account allowed, Ditto, advanced towards printing the laws, To Catharine Chicken, account, Capt. Thomas Johnson, do. William Hamilton, Doctor Trott, Peter Harman, gave for former services, Sarah West, George Chicken, George Pawley, for assisting in running the boundary line, To the Scavengers of Broad street, To a chappell at the upper part of Santee, gave, To the French Church in the parish of St. Thomas To Mr. Secretary Hammerton's account allowed, Ditto, account allowed, 211 10 To Richard Hall, per Act of Assembly, £100 sterl. at To patrols per Charlestown, by the commissioner's account, Ditto, in the country, To Francis Yonge, on a former resolution, £100 sterl. at 740 exchange, To his Honour the Lieutenant Governour, to the 25th March, 1736, To beasts of prey, To the executors of the late Governour Johnson, for his service in his administration, from the 25th. March, 1735, to 5th May following, For house rent, four and one-third months, at 800 per annum, To the Commissary for one year, To Peter Taylor, for paying Messrs. Osmond, Sav- To the Deputy Messenger, for thirteen months, at £150 per annum, To the Commissioners for exchanging the currency, for further fees and charges in carrying on the prosecution against Thos. Mellichamp, 100 00 00 72 00 00 132 17 06 75 13 09 40 00 00 105 00 00 300 00 00 80 00 00 80 00 00 150 00 00 300 00 00-£1725 11 03 A. D. 1736. No. 609. AN ACT for the further encouragement of Mr. Peter Villepontoux, in his projection of a new instrument for cleansing of Rice. (Passed May 29th, 1736. Mutilated.) No. 610. AN ORDINANCE FOR ASSERTING AND MAINTAINING THE RIGHTS AND LIBERTYS OF HIS MAJESTY'S SUBJECTS OF THE PROVINCE OF SOUTH CAROLINA TO A FREE, OPEN AND UNINTERRUPTED TRADE WITH THE CREEK, CHEROKEE AND OTHER INDIANS IN AMITY AND FRIENDSHIP WITH HIS MAJESTY'S SUBJECTS, AND FOR THE BETTER PRESERVING THOSE INDIANS IN THE INTErest of GREAT BRITAIN. Preamble. WHEREAS, it is the undoubted right and priviledge of his Majesty's subjects to have and enjoy an open, free and well regulated trade with all nations of Indians that are in friendship and amity with his Majesty's said subjects; and whereas, nothing can better conduce to the preserving the several nations of Indians surrounding his Majesty's Province of South Carolina and Georgia, in their friendship to his Majesty's subjects, and to prevent their falling into the interest of the French and Spaniards, than the keeping a free and open trade and commerce, which for these many years last past have been to the great advantage and benefit of his Majesty's subjects of this Province, and the very considerable consumption of the woollen and other manufactures of Great Britain, carried on and negociated by his Majesty's said subjects of this Province, to and with the several nations of Creek, Cherokee and other Indians, in amity and friendship with his Majesty's subjects; for the preservation whereof, and for the asserting and maintaining the rights and liberties of all his Majesty's said subjects of this Province, we humbly pray your most sacred Majesty that it may be ordained, I. And be it ordained, by the Honourable Thomas Broughton, Esq., his Majesty's Lieutenant Governour, Captain General and Commander-in-chief in and over his Majesty's Province of South Carolina, by and with the |