A. D. 1738. is directed; and in case any person, after the said tenth day of October, who shall be infected with the said disease or distemper, shall come, be brought or sent within the limits aforesaid, every such person shall and may be removed out of the limits aforesaid by two justices, and such person and persons as they shall command in their aid and assistance, to the place of his or their usual residence; and every such person, and all and every person and persons who shall command, aid, procure or assist in bringing, sending or conveying such person within the limits aforesaid, shall forfeit severally and respectively, for every such offence, the sum of five hundred pounds current money, to be recovered as hereinafter is directed; and the sooner to clear the said town from the said infectious Penalty for distemper, from and after the said tenth day of October next, it shall and communicating may be lawful for any justices of the peace, and they are hereby required the small pox. and directed to place a guard on all houses wherein any infected persons with the small pox are, to prevent its spreading, in like manner as the houses containing persons infected by inoculation, at the expence of the public of this Province. manded to 1001. III. And be it further enacted by the authority aforesaid, That in case Persons com- any justice of the peace, or any person who he shall command to his asassist who shall sistance, shall wilfully neglect or refuse to do his duty, and put this Act refuse, to forfeit in execution, every such justice and other person so offending, shall forfeit for each offence the sum of one hundred pounds current money; and in case any person or persons whatsoever shall wilfully resist, obstruct or oppose any such justice or other person commanded to his assistance, in putting this Act in execution, such person shall be bound by recognizance to the general sessions, with one or more suretys, and shall be fined any sum not exceeding twenty pounds. Precautions against its country. IV. And to prevent as much as possible the infection of the small рох from spreading in the country, Be it further enacted by the authority aforesaid, That where any person or persons shall be infected with the said spreading in the disease or distemper, in any house or plantation in any part of this Province without the limits of Charlestown, every master, owner or other person having the care or charge of such house or plantation, shall immediately upon discovery of such infection, fix or cause to be publickly affixed one advertisement signifying that the small pox is at such house or plantation, in the public road nearest to such house or plantation, and a white rag at the gate or entrance to such house or plantation, and another like advertisement at the church, chappel or other place of public worship in the parish where such house or plantation lyes; and in case such owner, master or other person having the care or charge of such house or plantation, shall neglect or refuse to fix or cause to be affixed, such advertisements and other tokens as are hereby directed, each person so neglecting or refusing shall forfeit for each offence the sum of fifty pounds current money, V. And be it further enacted by the authority aforesaid, That it shall Three justices and may be lawful for any two or three of his Majesty's justices of the with church- peace, residing in Charlestown, taking to their assistance the churchwardens may take precauwardens and constables of the said parish, and the said justices, churchtions to prevent wardens and constables are hereby authorized and required to take such the spreading prudent, necessary and reasonable methods as they shall in their discretion think fit, for hindering infected persons being brought within the limits aforesaid, and for preventing the further spreading of the infection, and for cleansing and clearing the said town from the said infection, the charge of which shall be borne by the publick, provided such charge does not exceed the sum of fifty pounds, current money; and provided that nothing herein contained, shall impower the said justices, church-wardens of the disease. or constables, to assess or levy any tax or charge on the inhabitants of the A.D. 1738. said town. slaves inocula VI. And whereas, the further spreading of the infection of the small pox may be chiefly occasioned by persons causing their slaves to be Penalty on inoculated; and whereas, no adequate punishment can be inflicted on such owners of slaves, so as to answer the design of this Act, Be it therefore further ting them withenacted by the authority aforesaid, That in case any slave shall receive the in the prohibitsmall pox by inoculation or ingrafiment, or if the said distemper shall be ed limits. voluntarily inflicted upon any slave by any of the ways or means herein before mentioned, after the tenth day of October next, within the limits aforesaid, or if any slave being infected with the said distemper or disease shall be sent, brought, carried or conveyed to any place within the limits aforesaid, from any part of this Province, contrary to the true intent and meaning of this Act, in every such case the owner or other person having the care or charge of every such slave, shall be adjudged, deemed and taken to have caused and procured such offence to be committed, and shall be subject and liable to the same penaltys and forfeitures as are imposed by this Act on such persons as shall cause the aforesaid disease or distemper to be inflicted on any person, by any of the ways or means herein before mentioned, and the proof of such offence shall not lay on the prosecutor or informer, unless such owner shall take a voluntary oath that such negro or other slave was inoculated or ingrafted without his knowledge, consent, privity or procurement. VII. And be it further enacted by the authority aforesaid, That all and singular the penaltys and forfeitures imposed by this Act, shall be disposed Appropriation of the penalties. of in manner following, (that is to say) one half to his Majesty to the use of the poor of the parish of St. Philips Charlestown, and the other half to him or them who shall sue for the same by action of .debt, bill, plaint or information, wherein no essoign, protection, wager of law, non vult, ulterius prosequi, injunction or any more than one imparlance, shall be admitted or allowed, any law, usage or custom, to the contrary notwithstanding; and all and every person and persons who shall be sued or General issue prosecuted for doing any thing in execution of this Act, shall and may be pleaded plead the general issue, and give the special matter in evidence; and if this Act given in eviany plaintiff or prosecutor shall become non suit, suffer a discontinuance, dence. enter a nolli prosequi, or a judgment or verdict shall pass against him, the defendant shall recover his treble costs of suit. may VIII. And be it further enacted by the authority aforesaid, That this Act shall continue and be of force until the twenty-fifth day of September, in the year of our Lord one thousand seven hundred and thirty-nine, and from thence to the end of the next session of the General Assembly, and no longer. C. PINCKNEY, Speaker. Assented to: WILLIAM BULL. In the Council Chamber, the 18th day of September, 1738. AN ACT for the further Security and better Defence of this Province. No. 652. (Passed September 18th, 1738. Original not to be found.) A. D. 1739. No. 653. AN Additional and Explanatory ACT to an Act for the better regulating the Militia of this Province. (Passed April 5th, 1739. See last volume.) No. 654. AN ACT for vesting the Ferry already established on the South side of Santee River, on the land of the Honourable James Kinloch, Esq. in the said James Kinloch, his Executors, Administrators and Assigns, for the term of seven years, and for establishing another Ferry on the North side of the same River opposite to the above Ferry, and for vesting the same in Abraham Micheau, his Executors, Administrators and Assigns, for the term of seven years. (Passed April 3rd, 1739. See last volume.) No. 655. AN ACT for Establishing a Ferry over Savannah River, at the Garrison of Fort Moore, in New Windsor, and for vesting the same in Capt. Daniel Pepper, for the term of three years. (Passed April 11th, 1739. See last volume.) No. 656. AN ACT for Establishing a Market in the Parish of St. Philips Charlestown, and for preventing ingrossing, forestalling, regrating and unjust exactions, in the said Town and Market. (Passed April 11th, 1739. See last volume.) No. 657. AN ACT to explain and amend an Act entitled an Act for incorporating the Vestry of the Parish of St. Thomas, in Berkley county, and to enable the said Vestry more effectually to put in execution the trusts reposed in them by the last will and testament of Richard Beresford, Esq. deceased, according to the charitable and pious intentions of the said testator, and to settle and adjust the several accounts of those persons who have acted as Vestry-men in and for the said Parish of St. Thomas, since the decease of the said Richard Beresford, and to give liberty to the said Vestry to take out of their capital stock and interest, a sum sufficient for building a School. (Passed April 11th, 1739. The original too much torn to be copied.) A. D. 1739. AN ACT FOR PRESERVING PEACE, AND CONTINUING A GOOD CORRESPON- No. 658. WHEREAS, your Majesty's subjects, the inhabitants of this Province, have for many years past carryed on a very considerable and beneficial Preamble. trade with divers nations of Indians who inhabit and possess the countrys which surround your Majesty's dominions on this part of the main continent of North America, and with which Indians your Majesty's subjects in this Province, by your Majesty's direction and permission, have entered into several treatys of friendship and commerce: And whereas, the peace and safety of your Majesty's subjects who live in this Province, in a great measure depend on preserving a good correspondence with the said Indians, and it having been found by long experience, that nothing can so effectually secure the friendship of the Indians as furnishing them with a constant supply of woolen and other manufactures which are the produce of your Majesty's dominions: And as by such a commerce the Indians are by their interest more firmly engaged to your Majesty's subjects, so your Majesty's subjects are enabled to make large and valuable returns to Great Britain in exchange for the British commoditys with which the Indians are supplied; we therefore most humbly pray your sacred Majesty that it may be enacted, I. And be it enacted, by the Honourable William Bull, Esq. Lieutenant ́ Governour and Commander-in-chief, by and with the advice and consent Penalty on trading with Indiof your Majesty's Honourable Council and the Assembly of this Prov- ans without ince, and by the authority of the same, That from and after the twenty-lycense. fifth day of March, in the year of our Lord one thousand seven hundred and thirty-nine, if any persons whatsoever, residing or inhabiting in this Province, other than such as shall duly obtain licences in the manner hereinafter mentioned and directed, shall directly or indirectly visit, frequent, trade to, traffick, deal or barter with any Indian or Indians on the main continent of North America, except the following Indians, to wit: Itte- Indians who wans, Cussoes, Winyaws, Cape Fears, Kaywaws, St. Helenas, Pedees may be traded and Edistoes, or any other Indians incorporated with them, all and every with. such offender or offenders shall, for every such offence, forfeit and pay the sum of two hundred pounds proclamation money, to be sued for, recovered and disposed of as is hereinafter directed, and all and singular the goods, merchandizes, slaves, furs, wax and skins, either carried to, bartered or sold from any of the said Indians, and shall and may be seized upon by warrant under the hand and seal of the commissioner by this Act appointed. other Indians. II. And be it further enacted by the authority aforesaid, That no person or persons whatsoever, lawfully licensed to trade as is by this Act Penalty on directed, shall presume to trade, traffick or barter with any Indian or Indi- trading with ans (except as before excepted) within the bounds hereinafter limited, on the penalty of forfeiting one hundred pounds proclamation money, (that is to say) no person shall trade, traffick or barter with any Indian or Indians, at any place on the north side of the Savanna river, from the north side of the said river to such part of the said river as lyes twenty miles above the garrison of Fort Moore, nor at any place which lyes on either side of Santee river, from the mouth of the said river to such part A. D. 1739. of the said river as lyes twenty miles above the place where the Congaree garrison was formerly settled, nor at any place within twenty miles of the townships of New Windsor, Orangeburgh, Fredericksburgh or Williamsburgh, or either of them, nor within twenty miles above the limits of the tract of land appropriated for the Welch, upon Pedee river, nor at any place nearer Charlestown than the said townships, or either of them, unless with the Chickesaws and Euchees, now settled upon Savannah river, and other Indians who shall be incorporated with them, and actually reside within the limits aforesaid; which Indians may trade at any store or stores which now are or hereafter may be settled within two miles of the garrison of Fort Moore. to take an oath. III. And be it further enacted by the authority aforesaid, That the comCommissioner missioner of the Indian trade, and every commissioner who shall be hereafter appointed, shall, before he enters into the execution of his office, take an oath before the Governour or Commander-in-chief of this Province, for the due and faithful execution of his office, and the due observation of this Act. Books of license and proceedings to be kept. Power of the commissioner and his agent to settle disputes. IV. And be it further enacted by the authority aforesaid, That the commissioner to be appointed by this Act, and the commissioner of the Indian affairs for the time being, shall keep a fair book, in which shall be entered the proceedings of the said commissioner, and in another fair book shall enter and carefully keep all bonds which shall from time to time be entered into by such persons as shall be licenced to trade with the Indians; and every person who shall take out a licence to trade with the Indians, and shall enter into bond and receive instructions, shall pay to the said commissioner for Indian affairs for the time being, the sum of sixteen shillings proclamation money, and no more, in full for licence money, and all fees, perquisites and demands whatsoever, due to the said commissioner, or any other officer whatsoever, on account of such bond, licence and instructions; any law, usage or custom to the contray in any wise notwithstanding. V. And be it further enacted by the authority aforesaid, That the commissioner of Indian affairs for the time being, or any agent or agents who shall or may at any time hereafter be sent amongst the Indians by the authority of this Government, shall have full power and authority, and he and they is and are hereby authorized and required, to hear and determine all causes and complaints between any Indian or Indians and any person or persons trading amongst them, and upon complaint made, to receive and take the evidence of any Indian or Indians against any person trading or who shall trade amongst them; and if the said commissioner or agent, from plain and evident circumstances, shall judge the complaint of such Indian or Indians to be true, the said commissioner or agent is hereby authorized and impowered to adjudge and award to the Indian or Indians his full damages; and the said commissioner or agent shall, if he thinks fit, discharge and revoke the licence of the trader against whom such complaint shall be made. Provided nevertheless, that nothing in this Act shall extend or be construed to extend to impower any commissioner or agent to award damages or give judgment for any sum or matter exceeding the value of five pounds proclamation money, or to inflict any corporal punishment on any person whatsoever. VI. And be it further enacted by the authority aforesaid, That the said commissioner, or such agent as aforesaid, shall issue his warrant to any Warrants to be Indian trader or traders living or residing nearest to the town or place Indian trader. where the order or sentence of the said commissioner or agent is to be executed, which warrant shall command, enjoin and require due execution directed to an |