Recital of former Acts. A. D. 1741. good orders in Charlestown, it was amongst other things enacted, that from and after the ratification of the said Act every person living in Charlestown that should take out a licence to retail or sell wine or other strong liquors, should pay to the public treasurer the sum of fourteen pounds current money over and above what such person was obliged to pay to the public by virtue of an Act for regulating taverns and punch houses, ratified the twenty-eighth day of June, in the year of our Lord one thousand seven hundred and eleven, and every person living in the said town that should take out a licence to retail or sell rum and other strong liquor (wine excepted) should pay to the public treasurer the sum of ten pounds current money over and above what such person is obliged to pay to the public by virtue of the aforesaid Act for regulating taverns and punch houses; which said additional sums of fourteen pounds and ten pounds on each respective licence the public treasurer was thereby directed and impowered to receive upon his granting such licences, and that the same was and should be thereby appropriated towards the maintenance and payment of the watch therein mentioned; and it was thereby further enacted, that no person whatsoever, living in Charlestown, from and after the ratification of the said Act, should retail or sell any wine, rum, spirits, cyder, or any other strong liquors, under the quantity of three gallons, until he, she or they should have a licence, pursuant to the aforesaid Act for regulating taverns and punch houses, under the penalty of twenty pounds proclamatiou money for every offence, to be sued for, recovered and applyed as by the said last recited Act is directed: And whereas, by another Act of the General Assembly, passed on the fifth day of March, one thousand seven hundred and thirty-six, entitled an additional Act to an Act for keeping and maintaining a watch and good orders in Charlestown, it is amongst other things enacted, that no person whatsoever within this Province, from and after the ratification of the said Act, should retail or sell any wine, rum, spirits, cyder, or any other strong liquors, under the quantity of three gallons, until he, she or they should have a licence, pursuant to the therein and hereinbefore recited Act for regulating taverns and punch houses, under the penalty of twenty pounds proclamation money, to be recovered, applied and disposed as by the said Act is directed; and it is thereby further enacted, that every person living within the parish of St. Philip's, Charlestown, that should take out a licence to retail or sell wine, or other strong liquors, should pay to the public treasurer of this Province the additional sum of ten pounds current money, and every such person as aforesaid that should take out a licence to retail or sell rum or other strong liquors (wine excepted) should pay to the public treasurer the additional sum of seven pounds like current money, over and above what they were obliged to pay for such licences by any law or laws then in force in this Province; which additional sums of ten pounds and seven pounds should be paid and applied towards the payment of the additional watchmen in the said Act mentioned; as by the said several hereinbefore recited Acts appears: Now it is further enacted by the authority aforesaid, That instead of the several sums directed to be paid Sums to be paid by the several Acts hereinbefore recited, every person who shall keep a for licences tavern or punch house, or shall sell or retail any strong liquors whatsoever and specifica- under the quantity of three gallons, shall pay to the public treasurer of this tion of quanti- Province, for every licence which shall be obtained pursuant to the directies allowed to tions of this Act, the several sums or rates following, that is to say, every person living within the parish of St. Philip's, Charlestown, who shall obtain a licence to keep a tavern or punch house, or to sell or retail any strong liquor whatsoever to be consumed or drank in his or their own under this Act, be retailed. house or houses, shall pay to the said public treasurer the sum of six A. D. 1741 pounds proclamation money, or the value thereof in currency; and if such person keeps a billiard table, then he or she shall pay forty shillings proclamation money more, or the value thereof in currency. And every person living in Charlestown who shall sell or retail any strong liquor, under the quantity of three gallons, not to be consumed in his or their own houses, shall pay to the said public treasurer for every such licence the sum of four pounds and four shillings proclamation money, or the value thereof in currency; and every person who shall obtain a licence to keep a tavern or punch house, or to sell or retail any strong liquor whatsoever, to be consumed or drank in his or their own house or houses, in any part of this Province, out of the limits of the parish of St. Philip's, Charlestown, shall pay to the said publick treasurer the sum of one pound five shillings proclamation money, or the value thereof in currency; and if such persons keep a billiard table, then they shall pay forty shillings proclamation money more, or the value thereof in currency; and for every licence to sell or retail any strong liquor whatsoever, under the quantity of three gallons, not to be consumed in his or their own houses, the sum of sixteen shillings proclamation money, or the value thereof in currency. All which said licences shall continue in force but for one year only, and at the expiration thereof may be renewed under the restrictions aforesaid, at the discretion of the justices, to whom application shall be made for the same; and the several sums hereby directed to be paid, shall be paid at the taking out or renewal of every such licence, and shall be applied and disposed for maintaining the watch in Charlestown. than one hour IX. And be it further enacted by the authority aforesaid, That if any person keeping a tavern or punch house and billiard table, shall permit No billiards to or suffer any person or persons whatsoever to play at any billiard table be played liter after the sun hath been set one hour, shall for every such offence forfeit after sundown. the sum of four pounds proclamation money, to be recovered as is directed by the Act for the tryal of small and mean causes, one half to the informer, and the other half towards defraying the expence of the watch in Charlestown. X. And be it further enacted by the authority aforesaid, That this Act shall be and continue of force for and during the term of seven years, and from thence to the end of the next session of the General Assembly, and no longer. WM. BULL, Jun., Speaker. In the Council Chamber, the 8th day of March, 1741. Assented to: WILLIAM BULL. Made perpetual by the Revival Act of March, 1783. AN ACT for building a Bridge over Combee River, from the Causey No. 681. to the town of Radnor, and declaring the Fish Pond Bridge in the Parish of St. Bartholomew to be a publick bridge; and for repairing or rebuilding a Bridge now standing in the upper part of the Parishes of St. Thomas and St. Dennis, commonly called Ashbey's Bridge; and for other purposes herein mentioned. (Passed March 8, 1741. See last volume.) VOL. III.-74. A. D. 1741. No. 682. AN ACT for discharging the Commissioners appointed by an Act of the General Assembly of this Province to lay out a Road or Causey over Lynch's Island, from any further duty, and for the better and more easy repairing of and keeping the same in repair for the future. (Passed March 8, 1741. See last volume.) No. 683. AN ACT RENDERING AND MAKING THE OFFICE OF A CONSTABLE MORE Preamble, EASY AND LESS EXPENSIVE TO THE PERSONS APPOINTED. WHEREAS, the constables of the several parishes in this Province are in duty bound, so long as they continue in their offices, to attend at every court of general sessions of the peace, oyer and terminer, assize and general goal delivery, appointed by law to be holden at Charlestown, there to make presentments of what hath been amiss under their cognizance; which, considering the great distance of some parishes from Charlestown, hath been deemed a great hardship upon them, and been lately presented as such by a grand jury for the body of the Province; we therefore humbly pray his most 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 of his Majesty's honourable Council and the Commons House of Assembly of this Province, and by the authority of the same, That from and after Constables to the passing of this Act the constables of the several parishes of this Province (the parish of St. Philip's, Charlestown, only excepted) thall attend at the said court of general sessions to make their presentments only once in the year, that is to say, such constables as are or shall be appointed at a court held or to be holden in March, shall attend at the court of sessions to be holden that month of the succeeding year; and that such constables as are or shall be appointed at any court to be holden in the month of October, shall attend at the court of general sessions which shall be held in the month of October in the year following; any law, usage or custom to the contrary notwithstanding. attend at court. II. And whereas, a fee of eight shillings proclamation money to the Constables fee judge and clerk, for each constable's presentment, discharge, and order paid to the judge and clerk for appointing a new constable, hath hitherto been paid by the constable, shall hereafter which hath been deemed a further hardship, and likewise been presented be paid by the public. as such by the grand jury; Be it therefore further enacted by the authority aforesaid, That from and after the passing of this Act, the said fee of eight shillings proclamation money shall be paid to the said judge and clerk by the public of this Province. Limitation seven years. III. And be it further enacted by the authority aforesaid, That this Act and every matter and thing therein contained shall continue and be of force for and during the term of seven years, and from thence to the end of the next session of the General Assembly after, and no longer. WM. BULL, JR. Speaker. In the Council Chamber, the 8th day of March, 1741. Assented to: WILLIAM BULL. A. D. 1741. AN ACT TO REVIVE MENTIONED; AND ΤΟ SALARIES. AND CONTINUE THE SEVERAL ACTS THEREIN No. 684. ΤΟ DO EQUAL DUTY, AND FOR SETTLING THEIR WHEREAS, several wholesome and beneficial temporary laws of this Province are expired or near expiring; we humbly pray your most sacred Majesty that it may be enacted, Preamble. Enumeration of I. And be it enacted, by the Honourable William Bull, 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 of this Province, and by the authority of the same, That an Act of the General Assembly of this Province entitled an Act for granting to his Majesty an Acts revived additional duty on Madera wine, rum, molasses, flour, Muscovado and clay- and continued. ed sugar, for the use of the publick of this Province, passed the ninth day of April, one thousand seven hundred and thirty-four; and one other Act entitled an Act for regulating the Guard at Johnson's fort, and for keeping good order in the several forts and garrisons under the pay and establishment of this Government, and for encouraging the several officers and soldiers therein, passed the fifth day of March, in the year of our Lord one thousand seven hundred and thirty-six; and one other Act entitled an additional Act to an Act entitled an Act for the keeping and maintaining a watch and good orders in Charlestown, passed the fifth day of March, in the year of our Lord one thousand seven hundred and thirty-six; and one other Act entitled an Act for licensing Hawkers and Pedlars and petty chapmen, and to prevent their trading with indented servants, overseers, negroes and other slaves, passed the eleventh day of September, in the year of our Lord one thousand seven hundred and thirty-seven; and one other Act entitled an Act for the better regulating the Militia, passed the eleventh day of March, in the year of our Lord one thousand seven hundred and thirty-seven; and one other Act entitled an additional and explanatory Act to an Act for the better regulating of the Militia of this Province, passed the third day of April, one thousand seven hundred and thirty-nine; and one other Act entitled an Act for encouraging the raising of Hemp, Flax and Silk within the Province of South Carolina, passed the twenty-ninth day of May, one thousand seven hundred and thirty-six; and one other Act entitled an Act for the further security and better defence of this Province, passed the eighteenth day of September, one thousand seven hundred and thirty-eight; and one other Act, entitled an Act for preserving peace and continuing a good correspondence with the Indians who are in friendship with the Government of South Carolina, and for regulating the trade with the said Indians, passed the eleventh day of April, one thousand seven hundred and thirty-nine; and one other Act entitled an Act to prevent frauds and deceits in selling Rice, Pitch, Tar, Rosin, Turpentine, Beef, Pork, Shingles and fire-wood, passed the twentyfifth day of March, in the year of our Lord one thousand seven hundred and thirty-eight-be and are hereby declared to be revived and continued, and enacted to be of full force and virtue for and during and unto the full end and term of three years after the passing of this Act, and from thence to the end of the next session of the General Assembly, and no longer. A. D. 1741. II. And whereas, by an Act of the General Assembly entitled an Act for the keeping and maintaining of a Watch and good orders in Charlestown, it is, among other things, enacted that the sum of three hundred pounds current money, per annum, should be paid to the principal officer or commander of the watch, for his whole salary, and for wood and candles to be supplied by him for the said watch, and the sum of one hundred pounds like money per annum to the two subaltern officers of the said watch; and whereas, it has been found that the duty of the commanders of the watch has been as well performed by the subalterns as the principal, Commanders for which reason they ought to be allowed and have the same pay; Be of the watch. it therefore enacted by the authority aforesaid, That the said commanders of the watch shall for the future be each liable to do duty alike, and shall be each allowed the sum of one hundred and sixty-six pounds, thirteen shillings and four pence current money, to be paid to them respectively by equal half yearly payments as by the said Act is directed; and each of the commanders of the said watch shall be obliged on their respective watch nights to find and supply wood and candles; any thing in the said Act or any other law, usage or custom to the contrary notwithstanding. WM. BULL, Jun., Speaker. In the Council Chamber, the 8th day of April, 1741. Assented to: WM. BULL. No. 685. AN ACT FOR RAISING A PUBLIC STORE OF GUN-POWDER FOR THE DEFENCE OF THE PROVINCE OF SOUTH CAROLINA. Preamble. Half a lb. of gunpowder per tun of the tuninage of each vessel imposed. Book of ec counts to be kept. WHEREAS, it is absolutely necessary for the future security and defence of this Province, that there should be a sufficient store of gunpowder always in readiness; we therefor humbly pray your most sacred majesty that it may be enacted, I. And be it enacted, by the Honorable William Bull, Esq. Lieutenant Governor and Commander-in-Chief in and over the Province of South Carolina, by and with the 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 every commander or master of any ship or vessel that now is, or hereafter shall come into any port, creek or harbour in this Province, shall make a true and just entry in the Powder receiver's office, in such port, of the burthen and tunnage of his ship or vessel; and every such commander or master shall pay and deliver the full and just quantity of half a pound of good and clean serviceable gunpowder for every and each tun that his ship or vessel doth or shall measure and contain by the rule hereinafter mentioned; and for want of such powder to be paid and delivered as aforesaid, the commander or master shall pay or cause to be paid the sum of two shillings proclamation money, or the value thereof in currency, for every tun which his ship or vessel doth or shall measure by the rule or contain as aforesaid. II. And be it further enacted by the authority aforesaid, That the powder receiver in each port shall keep a fair book of accounts, with the name of the master and the name and burthen of the vessel, with the quantity of powder or money so received, and an account thereof to the General Assembly shall render, or to any other person or persons by them appointed, as often as shall be required. |