A. D. 1733.

The sum so

assessed to be paid to the publick treasurer within one month.

part of the curtain line.

surer, within fourteen days after the finishing of the said curtain line from Granville's bastion to Crockatt's wharf, and piling in the said front lots, who is hereby empowered and required forthwith, upon the delivery of the said assessment, to give publick notice thereof by an advertisement, to be inserted in the Gazette for three weeks successively, and for want of the publication of such Gazette, to be affixed at the watch-house, or some other noted place in Charlestown.

III. And be it further enacted by the authority aforesaid, That the publick treasurer shall be and he is hereby enabled and required, to take and receive all and every sum and sums of money to be assessed as aforesaid, and to replace the same to the aforementioned funds, to make up the draughts as shall be taken out of them respectively, in pursuance of this Act: And provided, all and every the said proprietor and proprietors, and owners of lots or flats, or the part of the lots or flats aforementioned, shall not pay his, her or their respective quota or charge, to be assessed as aforesaid, within one month after notice given in manner above mentioned, to levy the same by warrant of distress, under the hand and seal of the said publick treasurer, and sale of the defaulter or defaulter's goods, or to expose to sale and sell the lot or flat, or part of the lot or flat, belonging to the party or partys so making default, and deduct the said quota or charge, with interest and charges, out of the monies arising from such sale, and return the remainder to the owner or owners of the said lots or flats, when demanded.

IV. And be it further enacted by the authority aforesaid, That the commissioners, or the major part of them, in case the proprietors and Case of owners owners of the several lots and flats from Crockatt's wharf to Craven's neglecting to bastion, shall not build up the several shares of the said curtain line build up their herein to them respectively allotted, within the time herein limited for that purpose, shall build the said wall at the publick expense as aforesaid, and shall make an exact estimate of each proprietor's charge, and shall deliver a copy thereof to the publick treasurer, within fourteen days after compleating the said line or wall, who is hereby empowered aud required to take and receive the sums so to be charged, and to replace the same to the several funds herein before mentioned, and in default of payment of any of the said sums, to levy the same by sale of the goods or the lots or flats belonging to the party or partys so making default, in manner as is herein before directed.

No opening

V. And be it further enacted by the authority aforesaid, That no opening or communication from Charlestown bay aforesaid, to any bridge or bridges, wharf or wharfs, which now are built and run out, from the bay to any bridge, or which hereafter shall or may be built and run out from the said shall exceed bay into Cooper river, shall exceed in breadth fifteen statute feet at fifteen feet in breadth. most; and that no house, weight house, ware house, shade, or other building, shall be, upon any pretence whatsoever, erected within fifty feet of the said curtain line, and that such houses, weight houses, ware houses, shades or other buildings which are already built and erected within such distance of the said curtain line, shall not be rebuilt, upheld or repaired upon any pretence whatsoever.

VI. And be it further enacted by the authority aforesaid, That the Buildings erec- commissioners hereinafter named, or the majority of them, shall and ted within fifty they are hereby impowered and required, to throw down, demolish

feet of the

curtain line, to or remove, or cause to be thrown down, demolished or removed, all be removed.

and every such houses, weight houses, ware houses, shades or other buildings, which shall or may be built, erected, rebuilt or repaired,

within fifty feet of the said curtain line as aforesaid, at the charge A. D. 1738. and expense of the party or partys who shall build, erect, repair or rebuild the same, or shall cause or order the same to be built, erected, rebuilt or repaired; and the said commissioners and the majority of them, are hereby empowered to levy such charge and expense, by warrant or warrants, under their hands and seals, and sale of such offenders goods, which warrant shall be directed to any lawful constable of the Province of South Carolina, who is required to put the same in execution.

and every the purposes aforesaid ; and any

commissioners.

VII. And be it further enacted by the authority aforesaid, That Alexander Hext, Isaac Mazyck, John Dart, Maurice Lewis, Esqrs. Henry Perroneau, jr. Thomas Lamboll, Esq. and Mr. Samuel Eveleigh, jr. shall Names of the be and they are hereby nominated and appointed commissioners, for all four of them shall be and are hereby declared to be a quorum, to put all and every the powers given by this Act, and the two Acts herein before mentioned, to the whole of them, in execution; and in case any of them shall happen to die, go off, or refuse to act, the Governour or Commander-in-chief for the time being, in Council, shall nominate and appoint another in the room or stead of him so dying, going off or refusing to act, which commissioner and commissioners, so by him from time to time to be appointed, shall have all the same powers and authoritys as are given to the commissioners expressly named in this Act.

VIII. And be it further enacted by the authority aforesaid, That the said commissioners shall and they are hereby authorized and required, within six months after the passing of this Act, to cause to be built and erected, a strong, firm and substantial bridge, of timber and plank, on the bay, over the street commonly called Dock-street, in such manner as the said commissioners shall think most convenient, and sufficient to bear the weight of great guns, to be transported over the same, from one part of the bay of Charlestown to another, as occasion may require, and shall draw orders on the publick treasurer, for the charge of purchasing materials for building the said bridge, and filling up the said Dock-street at each end of the said bridge with marsh mud, and the said publick treasurer is hereby ordered and required, to pay the same out of the fund appointed for building and repairing the fortifications of Charlestown.

Bridge over
Dock-street.

IX. And whereas, stone ballast is so very useful and necessary for securing the fortifications in the port and harbour of Charlestown against Stone ballast the violence of the sea, for which reason encouragement has been lately for the use of the publick. given, in order to secure the same for the purposes aforesaid; nevertheless, many persons have found ways of obtaining and applying considerable quantitys thereof to their own private use, to the manifest prejudice of the public, Be it therefore enacted by the authority aforesaid, That all the stone ballast, which for the space of seven years next after the passing of this Act, shall be brought in and unloaded in the port or harbour of Charlestown, shall be solely for the use of the publick; and the commissioners of the fortifications, for the time being, or such person or persons who shall be appointed to carry on such publick work, shall be and they are hereby authorized and empowered to take into their possession, and to carry to the fortifications, all stone ballast that shall be brought in as aforesaid, which shall or may be landed by order of the said commissioners, in any place in or before Charlestown, either on Cooper river or Ashley river side; provided nevertheless, that this Act shall not extend to be construed to debar any owner of any ship or vessel residing in this Province, to apply stone ballast, brought in such ship or vessel, to his own private use.

A. D. 1738.

X. And be it further enacted by the authority aforesaid, That stone ballast shall be landed and put on shore at such places only, as shall be To be landed appointed for that purpose, and staked or marked out by the direction of where the com- the commissioners on fortifications.

missioners shall

direct.

Ten shillings per ton to be paid besides

the encouragement already

given.

remitted to

as shall land

XI. And further to encourage vessels trading to this place to bring in stone ballast for the use aforesaid, Be it therefore enacted by the authority aforesaid, That besides the encouragement already given, the sum of ten shillings per ton of stone ballast, over and above the proper quantity required for ballasting such ship or vessel, shall be paid out of the publick treasury to the master or owner of such ship or vessel, on his or their producing a certificate from the commissioners on fortifications, specifying such surplus tonnage.

XII. And whereas, it is intended that several places shall be appointed Duty on bea- for the reception of stone ballast, for the greater ease and conveniency of cons and buoys shipping and unloading the same, yet, inasmuch as it may sometimes hapsuch captains pen that it may be wanted in one place more than another, and if so landed by the shipping may save considerable expense and charge to the stone ballast at publick, Be it therefore enacted by the authority aforesaid, That whenever particular places. it shall be requested by the commissioners on fortifications, or a majority of them, to land ballast at a particular place, the master of such ship or vessel as shall comply therewith, shall, on his producing a certificate thereof, further have the duty on beacons and buoys remitted, of which the officer appointed to collect the said duty, is hereby required to take notice; any law, usage or custom, to the contrary notwithstanding; and in case it should so happen that the said duty shall cease and determine before the expiration of seven years aforesaid, that then and in such case, an equivalent of what the said duty now is, shall be paid out of the publick treasury to the master aforesaid.

Persons sued

XIII. And be it further enacted by the authority aforesaid, That if a commissioner, constable or any other person or persons employed by may plead the the said commissioners, shall be sued, arrested or impleaded for any Act, general issue. matter or thing, which such commissioner or commissioners, constable or any other person or persons by them employed, shall do in pursuance of this Act, it shall and may be lawful for him or 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 action or suit shall discontinue, become non suit, or a verdict shall pass against him or them, every defendant in such action or suit, shall have taxed and allowed to him and them, his and their double costs of suit, for which such defendant and defendants shall have like remedy as in other cases where costs by law are given to defendants.

Proviso.

XIV. Provided always, and be it further enacted by the authority aforesaid, That nothing herein before contained shall be extended to hinder or restrain any person or persons whatsoever, from repairing any house or houses which have been built before the said curtain line, not contrary to the directions or intention of any Act or Acts of the General Assembly of this Province, any thing herein to the contrary notwithstanding: And provided also, that nothing herein before contained shall be construed to empower any person and persons herein before mentioned, to sell or dispose of any lands belonging to minors who are beyond sea, or out of the limits of this Province, and who have no guardians in this Province, until two years next after such minors shall respectively attain the ages of twenty-one years: And in the mean time, the charge of building such front line before such minor's lot, shall be paid out of the fortification fund, and all such minors shall be obliged to repay the same with interest,

within two years after such minors shall attain their respective ages as aforesaid, or in default thereof, the said lots or parts of lots may be sold as is herein before directed, any thing herein to the contrary contained, notwithstanding.

C. PINCKNEY, Speaker.

Assented to: WILLIAM BULL.

In the Council Chamber, the 25th day of March, 1738.

A. D. 1733.

AN ACT for clearing and opening the several Creeks, Cutoffs, or water passages therein mentioned, and for regulating the boats and . pettiaugers going through the same.

(Passed March 25th, 1738. See last volume.)

No. 646.

AN ACT for clearing, cleansing and making navigable Black River, No. 647. and for keeping the same open and navigable from the Narrows inclusive, to the Western boundary of Williamsburgh Township.

(Passed 25th March, 1838. See last volume.)

AN ACT TO PREVENT FRAUDS AND DECEIPTS IN SELLING RICE, PITCH, TAR, ROSIN, TURPENTINR, BEEF, PORK, SHINGLES AND FIRE-WOOD. FORASMUCH, as the credit and repute of the commoditys of this Province will likely be better increased and established by having wholesome laws therein subsisting for the reformation of abuses in selling the same, we therefore humbly pray his most sacred Majesty that it may be enacted,

No. 648.

Preamble.

I. And be it accordingly enacted, by the Honourable William Bull, Esq. his Majesty's President and Commander-in-chief in and over this Province, by and with the advice and consent of his Majesty's Honourable Council and the Commons House of Assembly of this Province, and by the authority of the same, That all and every person and persons whatever, who after the first day of September next ensuing the passing of this Every barrel to Act, shall sell or expose for sale in any part of this Province, any pitch, be marked with tar, rosin, turpentine, beef or pork, in any casks or barrels, shall first set a burnt mark. on every such cask or barrel a burnt mark with the first letter of the christian name and the sirname at length, of the maker of such commodity, with an iron brand hereby directed for that purpose; and if any person after the said first day of September aforesaid, shall in any part or place of exportation within this Province, sell or expose to sale, any of the said commoditys herein before mentioned, in any cask or barrel, before the same be marked and branded as aforesaid, every such person shall for every such cask and barrel forfeit the sum of twenty shillings current Penalty for money of this Province, to the person or persons who will inform and selling without sue for the same, to be recovered before any justice of peace of this mark or shipProvince, in such manner as is provided by the Act for the tryal of casks or barrels. ping unmarked VOL. III.-63.

A. D. 1738. small and mean causes; and if any merchant, factor, trader or other person, shall after the said first day September, ship or put on board any ship or vessel any of the said commoditys herein before enumerated, in any casks or barrels, with the intent to export the same before such casks or barrels be marked and branded as aforesaid, every such merchant, factor, trader or other person, shall forfeit the sum of twenty shillings for every such cask or barrel, to be sued for, recovered and disposed of in manner aforesaid.

Rice fraudulently mixed and sold to be

forfeited.

II. And be it further enacted by the authority aforesaid, That if any planter or other person shall sell or expose to sale, to any merchant, factor or any other person, at any port or place of exportation within this Province, any casks or barrels of rice, which upon opening or uncasking the same shall be found to contain any unfair and fraudulent mixture of small or damaged rice, then and in every such case, the seller of the said rice or person offering the same to sale, shall immediately on the request of the buyer or person offering to buy the same, name one indifferent person, being a freeholder, and the said buyer another, to view the said rice, and if such two persons shall agree in opinion, and certify the same in writing under their hands, that such rice was deceitfully and fraudulently packed and exposed for sale, every such cask or barrel so fraudulently packed and exposed to sale, shall be, and the same is hereby declared to be forfeited to his Majesty, for the use of the publick of this Province, and to be applyed in ease of the tax of the then current year; and the same shall be sold or caused to be sold by the Publick Treasurer of the Province, or by the persons or person who shall condemn the same, for the use aforesaid, who shall be allowed thereout, five per centum for their trouble; provided always, that if the seller shall refuse to nominate a person to view the said rice, that then the buyer shall nominate both the persons to view such rice, who shall have the same power as if one had been named by the seller and one by the buyer; provided also, that in case the Who may ap- said persons nominated as aforesaid, shall not agree in opinion, they shall point a third have power to nominate a third person, being a freeholder as aforesaid, who shall have the same power as the first two by this Act have; and in case either of the said two persons shall refuse or neglect to join, or cannot agree in nominating such third person, then and in such case, any justice of the peace, on notice given by both or either of the said persons shall, and he is hereby required to nominate such third person, which third person shall have the same power in the premises as if he had been nominated by both; provided lastly, that such adjudication and certificate shall be made within eight and forty hours from the first application; and Adjudication to be made within the said certificate shall be deemed a sufficient condemnation of the said rice to warrant the sale thereof as aforesaid; any law, usage or custom to the contrary notwithstanding.

Viewers to be nominated.

person.

48 hours.

Casks to be

made of well seasoned white

oak.

III. And be it further enacted by the authority aforesaid, That every person and persons in this Province shall make his and their casks for packing beef, pork or butter, of sound, dry and well seasoned white oak timber, the heads as well as bodys of which casks shall be made tight, so as to hold pickle, and shall fill the said casks with water before the same is packed with any beef, pork or butter.

IV. And be it further enacted by the authority aforesaid, That from Weight and and after the said first day of September aforesaid, every barrel of contents of bar- pitch which shall be made and sold in this Province, shall contain three rels and casks hundred and twenty-two pounds gross weight; every barrel of tar shall contain thirty-two gallons; every barrel of pork or beef shall contain

of various arti

cles.