A. D. 1717. above, and not having less than ten able working negro slaves, living on the same, under the care of at least one white man, in any parish in this Province, for the space of six months before the date of the writs aforesaid, and the said parish is situated within the bounds of the county where such person is then a resident, and such person is otherwise qualified as above directed; that then it shall be lawful for such person to be chosen a member of the Commons House of Assembly for such parish, although he is not an actual resident in the same; any thing in this or the above recited Act contained to the contrary notwithstanding. Said qualifica tions to be read and an oath to be taken. V. And be it further enacted by the authority aforesaid, That any of his Majesty's Justices of the Peace returned to serve as a member of the over when the said Commons House of Assembly, shall read over to the rest of the memassembly meets bers returned to serve in the said House, before they be admitted to sit as such, the two last herein before mentioned qualifying clauses, and then each member, before he be permitted to sit as such in the said house, shall take the following oath on the holy evangelists or according to the form of his profession, to be administered by any of the Justices aforesaid :— I, A. B. do sincerely swear that I am duely qualified to be chosen and serve as a member of the Commons House of Assembly of this Province, for the parish of C., according to the true intent and meaning of this Act. So help me God.. No salaried to sit as a member. VI. And be it further enacted by the authority aforesaid, That after person qualified the ratification of this Act no person who, either from the publick of this Province or by virtue of a commission from the Lords Proprietors thereof, shall receive any salary or perquisite, shall be capable of being elected or returned a member of the Commons House of Assembly; and if at any time hereafter, the House of Commons, for the time being, shall choose one of their own members to serve the publick, in a place of profit to himself, or any other person who shall receive a salary or perquisite by virtue of a commission from the Lords Proprietors, every such person shall thereupon immediately leave the said House, or lay down and entirely quit his said commission, under the penalty of five hundred pounds, to be recovered of him as other fines and forfeitures are hereafter directed by this Act, and a new writ or writs shall be issued out for the choosing of another member in his room and stead. Half the fines to the publick Receiver and half to the informer. VII. And whereas, in the above recited Act, it is enacted that the informers shall have the whole fines and penalties that shall be recovered, which may prove of very ill consequence and encourage confederacies to elude the true design of the said Act; Be it therefore enacted by the authority aforesaid, That one half of all fines, forfeitures and penalties, that shall be recovered according to the direction of the said Act, shall be to the publick Receiver for the publick use of this Province, and the other half shall be to the informer; any thing in the said Act contained to the contrary thereof, in the said Act, notwithstanding. Read three times and ratified in open Assembly, the 29th day of June, 1717. ROBERT DANIELL, THOMAS SMITH, GEORGE CHICKEN, SAMUEL EVELEIGH. Repealed by the Proprietors, July 22, 1718, and by section 24 of Act of September, 1721. AN ACT TO REPEAL THE FIRST CLAUSE OF AN ACT OF ASSEMBLYY OF WHEREAS, by the first clause of the above recited Act, which was ratified in open Assembly the eighteenth day of December, in the year of our Lord one thousand seven hundred and thirteen, it is enacted, that no dwelling-house, shop, ware-house, stable, barn or any other building whatsoever, shall be erected or set up within the lines of the fortifications of the said town, except such building or buildings be set up and erected or built of bricks, and that whoever sets up or erects any wooden frame or building within the said fortifications, from and after the expiration of sixty days after the ratification of the Act aforesaid, contrary to the true intent and meaning of the said Act, such wooden frame and building so erected and set up, shall be deemed a common nusance, and the same shall be utterly demolished by order of the commissioners in the said Act nominated and appointed, as by the said Act, reference being thereunto had, may more fully and at large appear: and whereas the greater part of the owners of land in Charlestown, have in their petition to the General Assembly (amongst other things therein contained) represented, that bricks are no ways to be had but at such excessive rates, that wholly disenables them to build therewith, whereby their lands lie waste, to the sensible decay of Charlestown, and the disadvantage of the Province in general; A. D. 1717. No. 374. Preamble. of an Act I. Be it therefore enacted by his Excellency John Lord Cartaret, Palatine, and the rest of the true and absolute Lords and Proprietors of this Pro- The 1st clause vince of Carolina, by and with the advice and consent of the rest of the repealed. members of the General Assembly, now met at Charlestown for the south and west part of the said Province, and by the authority of the same, That the aforesaid recited clause in the said Act is hereby declared repealed, annulled and made void, to all intents and purposes whatsoever. hearths and II. And be it enacted by the authority aforesaid, That the inhabitants Houses may be and owners of lands in Charlestown, shall have full and free liberty to built of wood, build on their said lands any manner of buildings, and of what materials provided the they shall think fitting, whether it be of bricks, wood or wooden frames, chimnies are of as shall suit best with their conveniency. Provided nevertheless, That brick or stone. all manner of chimnies, hearths and fire-places, shall continue to be built of brick or stone, within the limits aforesaid, by the persons that shall erect any such building as above mentioned, under the penalty of fifty pounds, current money of this Province, to be forfeited by such person who builds with any other materials, and they are hereby declared to be a common nusance, and the commissioners in the aforesaid recited Act, are hereby impowered to pull down and demolish the same. III. And be it further enacted by the authority aforesaid, That the pen alty in the last clause above mentioned shall be recovered by action of Penalty how to debt, bill, plaint or information, in any court of record in this Province, be recovered. wherein no essoign, privilege, injunction or wager of law shall be admitted or allowed of, one third part thereof to the Governour of this Province for the time being, one other third part to the person that shall inform and sue for the same, and the other third part to the publick Receiver, for the use of the publick. A. D. 1717. A former Act IV. Whereas, by one other Act of Assembly of this Province, entituled an Act for reviving and continuing the several Acts therein mentioned, concerning the which are expired or near expiring, ratified in open Assembly the thirtieth Public receiver day of June, in the year of our Lord one thousand seven hundred and made perpetual sixteen, amongst other things therein declared, it is enacted that one Act One Act con repealed. entituled an Act for settling a Salary on the publick Receiver, ratified in open Assembly the first day of March, one thousand seven hundred and ten-eleven, is thereby declared revived, continued, and enacted to be of full force, for and during and until the full term and time of two years after the ratification of the said Act, and from thence to the end of the first session of the General Assembly, and no longer; which said Act, for settling a salary on the publick Receiver, happened to be inserted thus among the temporary laws by some inadvertency or mistake, the same being an Act without limitation, as reference being thereunto had may more fully and at large appear; but to clear all doubts that may hereafter happen to arise about the true intent and meaning of the above recited clause, Be it enacted by the authority aforesaid, that the said Act, for settling a salary on the publick Receiver, is hereby declared to be of full force and virtue until repealed by an Act of the General Assembly; any limitation therein contained to the contrary notwithstanding. V. And whereas there appears, by the records of this Province, two Acts for the settling of Pilotage to be at this time both in force, though cerning Pilotage they contain downright contradictions one to the other, which may occasion debates and controversys; for preventing the same, Be it enacted by the authority aforesaid, that one Act of Assembly of this Province, entituled an Act for the settling Pilotage, ratified in open Assembly the twelfth day of July, in the year of our Lord one thousand seven hundred and seven, and since that time continued by several Acts to the month of December which will be in the year one thousand seven hundred and eighteen, is hereby declared repealed, annulled and made void, to all intents and purposes whatsoever, any limitation in any Act now in force concerning the same notwithstanding. VI. And whereas one other Act of Assembly of this Province, entituled Aet concerning importation of an Act to encourage the importation of White Servants into this Province, white servants ratified in open Assembly the thirteenth day of June, one thousand seven repealed. hundred and sixteen, is so far from answering the good intentions thereby designed, that it has proved the chiefest discouragement for the importation of white servants, and is in many respects impracticable and prejudicial to the Province; Be it therefore enacted by the authority aforesaid, that the said Act, and every clause, paragraph, matter and thing therein contained, is hereby declared repealed, annulled and utterly made void, and of none effect; any limitation therein contained to the contrary thereof in any wise notwithstanding. Read three times and ratified in open Assembly, the 29th day of June, 1717. AN ADDITIONAL ACT to an Act entituled, An Additional Act to the several A. D. 1717. No. 375. AN ACT for repairing the Road from the Plantation of the late Daniel Hugier, deceased, in the Parish of St. James Santee, to the Plantation of Capt. Bartholomew Gaillard; and for making a Road from the said Bartholomew Gaillard's Plantation to the Plantation of Mr. Francis Williams; and also for building a Bridge over Itchaw Creek, [See Nos. 243 and 275,] and other small Bridges over creeks lying in the same roads. (Ratified June 29, 1717. Repealed by Section 29 of the Highway Act of September 15, 1721. See last volume.) No. 376. AN ACT to impower Commissioners to make one or more Cuts or Creeks in the Parish of Christ Church, for the more convenient transporting of the goods, &c. by water to Charlestown, of the persons within the limits herein mentioned. (Ratified June 29, 1717. Repealed by the Highway Act of Sept. 15, 1721. The original Act not now to be found.) No. 377. AN ACT for making a Road from Mr. Richard Woodward's plantation No. 378. on James Island, to the plantation of Mr. Richard Godfrey, and build ing a Bridge over Wappoo Creek. (Ratified June 29, 1717. Repealed by the Highway Act of September 15, 1721. See last volume.) AN ACT TO APPROPRIATE TO SUCH PARTICULAR USES AS ARE HEREIN THEM OR THEIR ASSIGNS. WHEREAS, by an Act for appointing Rangers, to guard the frontiers of this Province, &c. duly ratified in open Assembly the fifteenth day of No. 379. Preamble. A. D. 1717. December, 1716, amongst other things therein contained, it was provided and enacted, that the sum of Seven Thousand Five Hundred Pounds therein mentioned, part of the sum of Fifteen Thousand Pounds, lodged according to the directions of the said Act, in the hands of Ralph Izard, Esq. as also all the remainder of such sums of Money unapplied, or not paid away, of the other Seven Thousand Five Hundred Pounds, in and thereby applied for and towards paying the Rangers, and the Officers and Soldiers of the several Garrisons, and for their provisions, if any did remain, should be safely kept in the custody and keeping of the said Ralph Izard, Esq. that the same should be disposed of, and applied to such uses as the General Assembly should by law appoint and direct the same: And forasmuch as it is highly just and reasonable, and there is an indispensible necessity at this juncture, to pay the arrears due to several Officers and Soldiers who have served in the Army or Garrisons, to encourage them and others to serve the publick for the future, in the like stations, and also what is due to other persons to whom the publick is indebted, whose circumstances and pressing occasions for money are such, as not to admit of being without the same any longer; I. Be it therefore enacted, by his Excellency John Lord Carteret, Palatine, and the rest of the true and absolute Lords and Proprietors of the Province of Carolina, by and with the advice and consent of the rest of the members of the General Assembly, now met at Charlestown for the South and West part of the said Province, and by the authority of 40361. 10s to be the same, That the commissioners in and by the above recited Act, for drawn from R. Izard, for the paying the rangers, and the officers and soldiers, as aforesaid limited and pay of Rangers. appointed, be, and they are hereby fully impowered, authorized and directed, in the first place, to take out of the Box lodged (pursuant to the directions of the said Act) in the hands of Ralph Izard, Esq. the sum of Four Thousand and Thirty-six Pounds ten shillings, being the sum that will on the first day of November next, be due to the several rangers appointed by law, to guard the frontiers of this Province, and the officers and soldiers belonging to Port Royal and Savano Town Garrisons, in order, at that time, to pay the same to them or their assigns, and then to deliver and pay unto the late commissioners (appointed in and by the Act commonly called the Tax Act) for paying the Army, whatsoever sum of money shall then remain in the said Box, and likewise all the remainder of such sums of money unapplied or not paid away, of the other Seven Thousand Five Hundred Pounds aforesaid, in their hands (if any be) to and for the several uses and purposes hereafter mentioned, that is to say, the said late commissioners for paying the army are hereby impowered, authorized and directed, pursuant to an order of both Houses of Assembly, to them to be delivered, to pay whatsoever sum or sums of money shall to them be paid by the aforesaid commissioners appointed for paying the rangers and officers and soldiers as aforesaid, in manner hereafter following. In the first place, they shall, out of the said money, pay unto Alexander Paris, Esq, Publick Receiver, the sum of thirteen hundred pounds, being part of a greater sum, due to him as Publick Receiver, from the Publick of this Province, on the balance of his account stated, and after that they have paid the same, then to pay the residue and remainder of that same money (except a sum not exceeding the sum of five hundred pounds, which the Deputy Governour, or the Governour for the time being, is hereby impowered to draw out of the said Box, to defray the charges of any emergency that may happen for the publick service of this Province, pursuant to the directions of an Act of Assembly of this Province, ratified January the 26th, 1716-7, entituled, an Act to enable the Honorable |