A. D. 1736. traders. advice and consent of his Majesty's honorable Council and the Commons House of Assembly of this Province, and by the authority of the same, That it shall and may be lawful, and it is hereby declared and ordained to Privileges of be lawful, to and for all such his Majesty's subjects as shall be approved of the licensed and duly obtain a lyceuce, to visit, frequent, haunt, trade, traffick and barter to and with the several nations of Creeks, Cherokee and other Indians in amity and friendship with his Majesty's subjects, they observing and paying due obedience to such rules, regulations and orders as are directed by the laws of this Province, and taking especial care to preserve, by their prudent behaviour and deportment, that peace and friendship which at present subsists between the said Indians and all his Majesty's said subjects, of what province or colony soever they are or may be; and that as long as such of his Majesty's subjects as shall so visit, trade or traffick with the said nations of Indians, or any of them, shall so do, they and every of them shall be and they are hereby declared to be under the protection of his Majesty's authority, as lawfully exercised in this Province. II. And be it further ordained and declared, That in case it should happen that any of his Majesty's subjects, so peaceably and well behaving as aforesaid, having or obtaining lycences from the Commissioner of the Persons duly Indian trade of this Province to trade with any of the nations of Indians licensed not to aforesaid, shall happen to be molested or imprisoned, or their goods or effects seized or taken away by virtue or under pretence of breach of any Act or Acts of the trustees for establishing the Colony of Georgia, in America, such person or persons shall have their said damages and losses (provided they do not in the whole exceed the amount or value of the sum of two thousand pounds sterling money of Great Britain) made good to them by the public of this Province, to be raised, paid and levyed in the next general Tax Act, after such loss shall happen. Provided always, that such trader and traders to whom such loss and damage shall happen, shall, before they depart for the Indian nation, lay before the Governour or Commander-in-chief for the time being, or such of his Majesty's honourable Council as live and reside in Charlestown, a list of the several goods, wares and merchandize, they shall carry with them into the Indian nations, and do carry none other than such as they shall expressly obtain lycence for under the hands of the said Governour or Commander-in-chief, or of his Majesty's said Council. be molested. duties remitted. III. And be it further ordained by the authority aforesaid, That all additional duties not heretofore paid, which have been laid or imposed on Additional any Indian dressed deer skins, or other skins and furs, since the twentyfifth day of March, in the year of our Lord one thousand seven hundred and thirty, by virtue of any law of this Province, be, and they are hereby remitted and forgiven; any law, statute or usage to the contrary in any wise notwithstanding. IV. And be it further ordained by the authority aforesaid, That no more than the sum of ten shillings sterling money shall at any time or times License fee. hereafter during the continuance of this ordinance, be paid on obtaining a lycence to trade with the Indians; any law, statute or ordinance to the contrary notwithstanding V. And be it further ordained by the authority aforesaid, That this Ordinance and every thing herein contained shall continue and be in force for the term of two years from the ordaining hereof, and from thence to the end of the next session of the General Assembly, and no longer. PAUL JENYS, Speaker. In the Council Chamber, Charlestown, June 26th, 1736. Limitation of this ordinance. VOL. 1II.-57. Assented to: THOS. BROUGHTON. A. D. 1736. No. 611. AN ORDINANCE for appointing Captain John Hext Comptroller of the Duties granted to his Majesty by any Act of the General Assembly of this Province, and appropriated by such Act to the use of this Province. (Passed December 9, 1736. Too much torn to be copied.) No. 612. AN ACT TO SUPPLY THE DEFECTS IN THE EXECUTION OF AN ACT INTITULED An Act for raising thirty thousand three hundred and eightyseven Pounds three shillings and seven pence, for defraying the charges of the Government for one year, commencing the twenty-fifth day of March, one thousand seven hundred and thirty-five, and ending the twenty-fifth day of March, one thousand seven hundred and thirty-six ; and for applying the sum of one thousand Pounds, now in the hands of the Publick Treasurer, being the surplus of the country tax raised in the general tax for the year one thousand seven hundred and thirtyfour: AND IN THE EXECUTION OF ANOTHER ACT INTITULED An Act to provide a full supply for subsisting poor Protestants coming from Europe and settling in his Majesty'e new Townships in this Province, and for establishing a Fund, by an annual tax on the inhabitants of this Province, for paying off and cancelling the remaining Publick orders, which were issued in the year one thousand seven hundred and thirty-one. Preamble. WHEREAS, in and by an Act of the General Assembly of this Province, intituled an Act for raising the sum of thirty thousand three hundred and eighty-seven pounds three shillings and seven pence, for defraying the charges of the Government for one year, commencing the twenty-fifth day of March, one thousand seven hundred and thirty-five, and for applying the sum of one thousand pounds, now in the hands of the Public Treasurer, that being the surplus of the country tax raised in the general tax for the year one thousand seven hundred and thirty-four, amongst other things it was enacted, that all persons whatsoever, possessed of any lands or slaves, either in their own right or the right of any other person, or were liable to pay any tax by virtue of the said Act, should, on or before the second Tuesday in July last, render a particular account thereof to the inquirers and collectors, or any two of them, of the several parishes and places respectively where they lived and resided, and at such times and places as the said inquirers and collectors, or any two of them, should direct, so that the same was done on or before the second Tuesday in July last; and that the person so rendering his account should give in to the said inquirers and collectors the number of the slaves and the quantity of the land that he was possessed of in this Province: And whereas, in and by another Act of the General Assembly of this Province, intituled an Act to provide a full supply for subsisting poor Protestants coming from Europe and settling in his Majesty's new townships in this Province, and for establishing a fund, by an annual tax on the inhabitants of this Pro vince, for paying off and cancelling the remaining public orders which A. D. 1736. were issued in the year one thousand seven hundred and thirty-one, commencing the seventh day of June, one thousand seven hundred and thirtyfive, and to continue for and during the term of three years from the seventh of June, and from thence to the end of the next session of the General Assembly-amongst other things it was enacted, that the several inquirers, assessors and collectors of the general tax, for the several parishes hereafter to be annually appointed, should 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 had or should have by the tax law for inquirers assessing and collecting in the general tax for the then current or preceding year; and the said inquirers, assessors and col· lectors should 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 public 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: And whereas, the collectors and inquirers of the parish of St. James Santee, nominated by the said first recited Act, for want of timely notice, have not made their several inquiries or returns required, nor have collected, levyed and received the several taxes imposed by virtue of the said Acts upon the several inhabitants of the said parish: We therefore pray your most sacred Majesty that it may be enacted, I. And be it enacted, by his Honor Thomas Broughton, Esq. Lieutenant Governour 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 Commons House of Assembly, and by the authority of the same, That the time for the several inquirers and collec-Time for retors, appointed by the said recited Acts or either of them, to receive the ceiving the accounts of the lands and slaves of the inhabitants of the parish of St. accounts James Santee, be enlarged to the second Tuesday in January next; and that the said inquirers and collectors last mentioned shall and may and are hereby required and impowered to take and receive the said accounts, on or before the said second Tuesday in January 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 were liable to pay any tax by virtue of the said Acts or either of them, shall, on or before the said second Tuesday in January next, render a particular account thereof in writing, in such manner as is required by the said Acts or either of them, to the said inquirers or collectors of the said parish of St. James Santee; provided they were liable to render their accounts by virtue of the said Acts or either of them; and that every person neglecting or refusing to give in his, her or their account of land and slaves to the inquirers and collectors last aforesaid respectively, at such time and place as they shall appoint, or by the said second Tuesday in January next, shall be deemed a defaulter or defaulters, and shall be by the said inquirers and collectors doubly taxed for all his, her or their slaves and lands, as in the first recited Act is provided; and that the store-keepers living in the said parish shall be rated by the inquirers and collectors thereof for their stock, after the rate of two pounds per centum, and that the money arising by such assessment may be paid pursuant to the said first recited Act; and that such store-keepers may have a liberty of swearing off, pursuant to the said first recited Act, and in manner and form as is thereby prescribed. A. D. 1736. Time of payment. payment declared good and lawful. II. And be it further enacted by the authority aforesaid, That all persons whatsoever residing in the said parish, who were possessed of any lands or slaves in this Province, in their own right or in the right of others, or were liable to pay tax by virtue of the said Acts, shall pay in their tax imposed by the said Acts or either of them, to the said inquirers and collectors nominated by the first recited Act for the parish of St. James Santee, on or before the third Tuesday in January next; at which time the said inquirers and collectors of the said parish shall close their accounts, and shall transmit the same to the public treasurer for the time being, and pay him all such moneys as shall be by them respectively received, in pursuance and according to the directions of the said Acts, or either of them, on or before the said second Tuesday in February next ensuing. III. And be it further enacted by the authority aforesaid, That the said inquirers of the said parish of St. James Santee, meeting, taking and rePresent time of ceiving the several accounts of the several persons living and residing within the said parish, levying, collecting and receiving the several taxes imposed by the said recited Acts or either of them, upon the inhabitants of the said parish, within the term hereby enlarged for the payment, and making their returns on or before the days and times in this Act limited and appointed, shall be and is hereby declared to be good and effectual to all intents and purposes whatsoever, as if the said inquirers and collectors had met, taken and received their several accounts required, and had collected, levyed and received the several taxes imposed by the said recited Acts, 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 that the said inquirers, assessors and collectors of the tax, and the several persons residing within the said parish, liable to pay tax by virtue of the said first recited Act, in case of neglect or refusal to act and make their respective returns and payments enjoined by the said first recited Act, on or before the days and times by this Act limited and appointed, shall be liable to the same pains, penalties and forfeitures as are mentioned, limited and appointed in the said first recited Act; and that the said inquirers, collectors and assessors, and the several persons residing within the said parish, liable to pay tax by the last recited Act, in case of neglect or refusal to act, and make their respective returns and payments enjoined by the said last recited Act, on or before the days and times by this Act limited and appointed, shall be liable to the same pains, penalties and forfeitures as are mentioned, limited and appointed in the said last recited Act; and that the several forms, directions, provisions and injunctions, by the said recited Acts laid down and enjoined, shall be pursued and obeyedin the execution of this Act, if not altered and amended by this Act, by all persons whatsoever, under such pains, penalties and forfeitures, in the said recited Acts mentioned, limited and appointed. Provided nevertheless, that nothing in this Act contained shall extend to charge any person residing within the said parish with the payment of any taxes imposed by virtue of the said Acts, or either of them, to the said inquirers and collectors, upon account of any slaves acquired since the second Tuesday in July last, any thing in this Act to the contrary notwithstanding; and provided that nothing in this Act contained shall extend or be 'construed to extend to charge any person or persons with payment of any taxes imposed by virtue of the said Acts or either of them who have already paid such taxes. IV. And be it further enacted by the authority aforesaid, That this A. D. 1736. Act shall be deemed a public Act, and shall be taken notice of as such, without special pleading, by all courts and persons whatsoever. C. PINCKNEY, Speaker. In the Council Chamber, the 14th December, 1736. Assented to THOS. BROUGHTON. AN ACT for settling a Ferry on the Santee River, and for vesting No. 613. the same in John Colleton, of Fair Lawn Barony, Esq. and his Assigns, for the term of seven years. (Passed Dec. 10, 1736. See last volume.) AN ACT for taking off certain duties and impositions on the Indian. trade, and for indemnifying the Indian traders from certain fines, penalties and forfeitures. (Passed Dec. 10, 1736. Too much defaced to be copied.) No. 614. AN ACT FOR FOUNDING AND ESTABLISHING A PAROCHIAL CHAPPEL OF WHEREAS, an Act of the General Assembly was heretofore passed for founding and erecting a chappel of ease at Willtown, in the parish of St. Paul's, in Colleton county, and the sum of two hundred pounds was granted by the General Assembly to be applyed towards the building such chappel; and whereas, the building of the said intended chappel has been neglected, and the parish of St. Paul's has been since divided; and whereas, the inhabitants of that part of the said parish which lyes adjacent to the place commonly called Beach Hill, have preferred their humble petition to the late Assembly, praying that a chappel of ease might be erected near Beach Hill, which is the most convenient situation for that purpose, and also praying that the sum of two hundred pounds, formerly granted for the chappel intended to be built at Willtown, might be applyed towards the building of a chappel near Beach Hill; we therefore pray your most sacred Majesty that it may be enacted, I. And be it enacted, by the Honourable Thomas Broughton, Esq. Lieutenant Governour and Commander-in-chief of this 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 there shall, with all convenient speed, be built, near Beach Hill, a chappel for the publick worship, which said chappel from thenceforth shall continue and remain and be held, reputed, called, known and taken to be a parochial chappel of ease, forever. II. And that that part of the aforesaid parish which lyes adjacent to Beach Hill may attend divine worship in the said chappel, agreeable to No. 615. |