XIV. And be it further enacted by the authority aforesaid, That for A. D. 1718. the preventing of all disputes that may arise between person and persons Disputes to be concerning the quantity of any lands in this Province, that the dispute or decided by the difference shall be decided by the known old lines of original survey of known lines of the said lands, and not by one person having more than his quantity and the original the other less.

survey.

warrant may

XV. And be it further enacted by the authority aforesaid, That all the sums of money mentioned in this Act, not exceeding the sum of A Justice's forty shillings, and not before particularly disposed of nor the manner issue for sums of the recovery directed by this Act, shall be recovered, prosecuted, of 40 shillings adjudged, levied and distrained, by warrant from any one Justice of and under. the Peace in this Province, as in the Act for tryal of small and mean causes is directed, and the same being so recovered, shall be paid to the Lords Receiver General for the use of the Lords Proprietors; and all the sums of money mentioned in this Act exceeding the sum of forty shillings, and not before particularly disposed of, nor the manner of the recovery directed by this Act, the one half thereof shall be and belong to the Lord Palatine and the rest of the true and absolute Lords and Proprietors of this Province, to be paid to their Receiver General for their use, and the other half to the Attorney General that will sue for the same, by any action of debt, suit, bill, plaint, or information, in any Court of Record in this Province, wherein no essoign, protection, priviledge or injunction, wager of law or stay of prosecution, by non vult ulterius prosequi, or otherwise, shall be admitted or allowed.

XVI. And be it further enacted by the authority aforesaid, That if any action, plaint, suit, or information, shall be commenced or prosecuted In suits on this against any person or persons for what he or they shall do in pursuance Act,the general or execution of this Act, such person or persons so sued may plead the issue may be pleaded. general issue not guilty, and upon issue joined may give this Act and the special matter in evidence, and if the plaintiff or prosecutor shall become non-suit or suffer discontinuance, or if a verdict past against him or them, the defendant or defendants shall recover his or their treble costs, for which he or they shall have the like remedy as in any case where costs by law are given to the defendant.

XVII. Provided nevertheless, and be it further enacted by the authority aforesaid, That this Act nor any part thereof, shall not be deemed to be of force in this Province, and to be put in execution in the same, until such time as the same shall be sent over, confirmed by the Lords Proprietors in England, under their hands and the great seal of their Province.

Read three times and ratified in open Assembly,

the 20th day of March, 1718-9.

ROBERT JOHNSON,
ALEXANDER SKEENE,

THOMAS BROUGHTON,
CHARLES HART,

FRANCIS YONGE.

The Lords Proprietors repealed this Act by an instrument under their hands, dated July 24,

1719, post.

VOL. III.-7.

A. D. 1719.

No. 394. AN ACT TO ASCERTAIN THE MANNER AND FORM OF ELECTING MEMBERS TO REPRESENT THE INHABITANTS OF THIS PROVINCE IN THE COMMONS HOUSE OF ASSEMBLY, AND TO APPOINT WHO SHALL BE DEEMED AND

Preamble.

ADJUDGED CAPABLE OF CHOOSING OR BEING CHOSEN MEMBERS OF THE
SAID HOUSE.

WHEREAS, the choosing members of the Commons House of Assembly for this Province, by parishes or precincts, has been found by experience to be the most easy, just and least expensive and hazardous method that can be devised, and approaches nearest to the form and method of choosing or electing members in other his Majesty's dominions and plantations, and not liable to the inconveniences that attended any other method heretofore used or practised in this Province. Therefore, for preserving the same inviolable,

I. Be it enacted, by his Excellency John Lord Carteret, Palatine, and the rest of the true and absolute Lords and Proprietors 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 anthority of the same, That the persons who shall be chosen to serve as members of Assembly hereafter, shall be elected and chosen after the manner and at the places appointed by this Act.

II. And be it further enacted by the authority aforesaid, That all Writs of elec- writs for the future elections of members of Assembly shall be issued out tion to be issued by the Governour and Council for the time being, and shall bear date at by the Governour and Coun- least forty days before the day appointed for the meeting of the said mem

cil.

Publick notice to be given.

Penalty on neglect.

Qualification of voters.

bers, and shall be directed to the church-warden or church-wardens of the several parishes hereafter named; or in case there should be wanting church-wardens in any parish, then to such other proper persons as the Governour and Council shall think fit to nominate in the said writs, to manage such elections, every one of whom are hereby impowered and required to execute the said writs faithfully, according to the true intent and meaning of this Act, to which every such person shall be sworn by any one justice of the peace of the county, who is hereby required to administer such oath without fee or reward, and shall give publick notice in writing of all and every such writs, two Sundays before the appointed time of election, at the door of each parish church, or at some other publick place as shall be appointed in the said writs, in such parishes as have as yet no Churches erected in them, to the intent the time and place of election may be better and more fully made known, which writs shall be executed upon the same days at all places where elections are appointed to be managed.

III. And be it further enacted, by the authority aforesaid, That if any church-warden, or other person or persons, to whom any writs for election of members to serve in the Commons House of Assembly are directed, shall refuse or neglect to publish and execute the same according to the tenour of this Act, every such person shall forfeit the sum of one hundred pounds, currant money of this Province, to be recovered and disposed of in such manner and form as hereafter in this Act is directed.

IV. And be it further enacted by the authority aforesaid, That every free white man (and no other) professing the christian religion, who has attained to the age of one-and twenty years, and hath been a resident and an

inhabitant of the parish or precinct for which he votes for a Representa- A. D. 1719. tive for the space of six months before the date of the writs for the election he offers to give in his vote at, and hath a freehold of at least fifty acres of land, or shall be liable to pay taxes to the support of this government for the sum of fifty pounds, current money, shall be deemed a person qualified to vote for, and may be capable of electing a Representative or Representatives, to serve as a member or members of the Commons House of Assembly for the parish or precinct wherein he actually is a resident.

V. And for the preventing of frauds in all elections, as much as possible, It is hereby enacted by the authority aforesaid, That the names of the Mode of voting. electors for members of the Commons House of Assembly, shall be fairly entered in a book or roll, for that purpose provided by the churchwardens, or other persons appointed for the managing elections, to prevent any persons voting twice at the same election; and the manner of their voting shall be after the following manner, that is to say, each person qualified to vote as is above directed, shall put into a box, glass, or sheet of paper prepared for that purpose by the said church-wardens or other persons, as is above directed, a piece of paper rolled up, whereon is written the name of the Representatives he votes for, and to which paper the elector shall not be obliged to subscribe his name. And if upon the scrutiny two or more papers with persons names written thereon for members of Assembly be found rolled up together, or more persons names be found written on any paper than ought to be voted for, all and every such paper and papers shall be invalid and of no effect; and that those persons who, after all the papers and votes are delivered in and entered as aforesaid, shall be found (upon the scrutiny made) to have the majority of votes, are and shall be deemed and declared to be members of the succeeding Commons House of Assembly, so as they be qualified as is hereinafter directed.

from 7 to 7

VI. And be it further enacted by the authority aforesaid, That the said elections shall not continue longer than two days at farthest, and that Elections not to the said elections shall begin at seven of the clock in the morning and end continue beat seven in the evening; and that at closing of the poll at convenient yond two days, hours in the time of the aforesaid elections, the church-wardens or other o'clock. persons as aforesaid, impowered to manage the said elections, shall seal up the said box, glass or paper, wherein are put all the votes then delivered in, and rolled up by the electors as aforesaid, with their own seals, and the seals of any two or more of the electors that are then present, and upon opening the poll, shall unseal the said box, glass or paper, in the presence of the said electors, in order to proceed in the said election.

VII. And be it further enacted by the authority aforesaid, That the said church-wardens, or other persons appointed in each parish to manage Notice to be the elections aforesaid, shall within seven days (after the scrutiny is made) given to the give publick notice in writing at the church door, or at such other publick person elected. place in the parishes that have no churches, where the election was made, to the person or persons so elected, that the inhabitants of the said parish have made choice of him or them, to serve as their Representative or Representatives in the next succeeding Commons House of Assembly, under the penalty of one hundred pounds, currant money of this Province, for his default or neglect therein, to be recovered and disposed of in such manner and form as hereafter in this Act is directed.

VIII. And be it further enacted by the authority aforesaid, That the inhabitants of the several parishes in this Province, qualified to vote for Places of members of Assembly, as is before in this Act directed, shall upon the election.

A. D. 1719. days of election, according to the Governour's and Council's precept for the time being, meet at their respective parish churches, or at some other publick place in such parishes as have not yet any churches erected in them, as shall be appointed by the said precept, and there proceed to choose their Representatives according to the number following. That is to say, for the parish of St. Philips, Charlestown, five members; for the parish of Christ Church, two members; for the parish of St. Johns, three members; for the parish of St. Andrews, three members; for the parish of St. George's, two members; for the parish of St. James Goose Creek, four members; for the parishes of St. Thomas and St. Dennis, three members, the election to be made at the parish Church of St. Thomas; for the parish of St. Paul's, four member; for the parish of St. Bartholomew, at such place in the said parish as shall be appointed by the Governour and Council's precept, (until the parish church is erected) four members; for the parish of St. Helena, four members, the election to be made at Beaufort in the said parish; and for the parish of St. James Santee, with Winniau, two members; and the said several members, who upon a scrutiny is found to have the majority of votes, so as they are qualified as is herein after directed, shall be, and they are hereby declared and adjudged to be, the true Representatives for the said parishes.

tive.

IX. And be it further enacted by the authority aforesaid, That every Qualification of person who shall be elected and returned as is afore directed by this Act, a Representa- to serve as a member of the Commons House of Assembly, shall be qualified as followeth, that is to say, he shall be a free born subject of the kingdom of Great Britain, or of the dominions thereunto belonging, or a foreign person naturalized, by Act of Parliament in Great Britain or Ireland, that hath attained to the age of one-and-twenty years, and hath been a resident in this Province for twelve months before the date of the said writs, and having in the Province a settled plantation or freehold in his own right, of at least five hundred acres of land and six slaves, or has in his own proper person and in his own right, to the value of one thousand pounds, in houses, buildings, town lots, or other lands in any part of this Province.

to be read over and sworn to

bers.

X. 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 last clause the said Commons House of Assembly, shall read over to the rest of the members returned to serve in the said House, before they be admitted by the mem- to sit as such, the last mentioned qualifying clause; and then each member, before he be admitted 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 the said justice of the peace. I, A B, do sincerely swear, that I am duly qualified to be chosen and serve as a member of the Commons House of Assembly of this Province, for the parish of according to the true intent and meaning of this Act, so help

refusing to

qualify.

me God.

XI. Be it further enacted by the authority aforesaid, If any member Case of persons or members hereafter chosen to serve in any Commons House of Assembly should die, or depart this Province, or refuse to qualify him or themselves, as in this Act is directed, then and in such cases the said House shall in an address to the Governour and Council for the time being, desire them to issue out a new writ or writs, and the said Governour and Council shall, on such address to them sealed, issue out a writ or writs, directed as before in this Act is appointed, for choosing another person or persons to serve in the place or places of such member or members, so dead or departed this Province, or who shall

refuse to qualify him or themselves as aforesaid, which person or persons so chosen, shall attend the said House at the meeting of the said House after such election, and the officer or officers that managed the said election, shall acquaint the person or persons so chosen with the same, within seven days after the said election is finished, and shall likewise immediately after the said election is finished, make a scrutiny into the persons names, and make the same publick by fixing it up in writing at the place of election, under the same fines and penalties the several church-wardens or other persons appointed to manage elections, according to the directions of this Act, are liable to by this said Act.

A. D. 1719.

XII. And be it further enacted by the authority aforesaid, That all and every member and members of the Commons House of Asssembly of Men bers chothis Province, chosen by virtue of this Act, shall have as much power and sen to have the usual powers priviledge, to all intents and purposes, as any member or members of the and priviledges. Commons House of Assembly of this Province heretofore of right had, might, could, or ought to have in the said Province.

knowingly

XIII. And be it further enacted by the authority aforesaid, That if any person or persons appointed by this Act to manage any election for a member or members of the Commons House of Assembly as aforesaid, Illegal votes shall wittingly or knowingly admit of, or take the vote of any person not taken. qualified according to the purport of this Act, or after any vote duly delivered in at such election, shall open or suffer any person whatsoever to open any such vote before the scrutiny is begun to be made, or shall make an undue return of any person for a member of the Commons House of Assembly, each person so offending shall forfeit, for each such vote taken and admitted of, opened, or suffered to be opened, as aforesaid, and for each such return, the sum of one hundred pounds, currant money of this Province, to be recovered and disposed of in such manner and form as hereafter in this Act is directed.

tend the House.

XIV. And be it further enacted by the authority aforesaid, That all and every person and persons appointed to take votes, or to manage elec- Managers of tions of members to serve in the Commons House of Assembly as afore-elections to atsaid, shall for that purpose attend at the time and place of election, according as he or they are directed by the said writs, and attend likewise upon the said Commons House of Assembly the first two days of their sitting, (unless he or they have leave from them sooner to depart) to inform them of all such matters and disputes that did arise, or may have arisen, about the election of any member or members to serve as aforesaid, in or at any place or places where the same was or were appointed to be inanaged, and shall shew to the said House the list of the votes for every person returned to be a Representative to serve as aforesaid, or which otherwise ought to have been returned as such, (if any complaint of a false return has been made to the said Commons House of Assembly) and every person appointed to take votes as aforesaid, who shall omit or refuse to attend at either of the times or places as aforesaid, shall forfeit the sum of ten pounds, currant money of this Province, to be recovered and disposed of in such manner and form as is hereafter directed by this Act.

freedom of

XV. And be it further enacted by the authority aforesaid, That if any person or persons whatsoever, shall on any day appointed for the Offenders election of a member or members of the Commons House of Assembly against the as aforesaid, presume to violate the freedom of the said election by any election. arrest, menaces, or threats, or endeavor or attempt to overawe, fright, or force any person qualified to vote against his inclination or conscience, or otherwise by bribery obtain any vote, or who shall after the said election is over, menace, despitefully use or abuse any person, because he hath not