A. D. 1741. Charleston to be put into the III. And be it further enacted by the authority aforesaid, That all merchants and other persons who keep powder in Charlestown shall put the same into the magazine, and shall all (except the commanders of his Ma- Powder kept in jesty's ships) pay to the powder receiver for his care and trouble of taking in and delivering out and for the time it shall be there (be it more or less) powder magathe sum of one shilling proclamation money, or the value thereof in cur-zine, and thence rency, for every barrel containing one hundred pounds weight, and so in re-delivered. proportion for a greater or less quantity, and no more or any other fee or reward whatsoever, any law, usage or custom to the contrary thereof in any wise notwithstanding; and no person whatsoever, inhabitant of Charlestown, shall keep in any house in Charlestown at one time more than one quarter of a barrel of gun-powder, under the penalty of ten No more than pounds proclamation money, or the value thereof in currency, for every forty-eight hours he shall keep in any house as aforesaid more than a house in quarter of a barrel as aforesaid, to be recovered by action of debt, bill, Charlestown. plaint or information in any court of record in this province, one half Penalty. thereof to the church wardens of the Parish of St. Philips, Charlestown, for the use of the poor of the said parish, and the other half to him or them that will inform and sue for the same; any thing in any other act contained to the contrary hereof notwithstanding. 1-4 barrel to be kept in any powder re IV. And whereas, the powder belonging to his Majesty's ships is often lodged in the public magazine, which occasions the attendance of the Fee of the powder receiver to receive and deliver out the same, and he having no ceiver. salary nor provision made for that service, Be it therefore enacted by the authority aforesaid, That the powder receiver in any port of this Province shall be intitled to a fee of nine pence proclamation money each time for every whole barrel, and so in proportion for every other barrel of powder belonging to his Majesty's ships, which shall be taken into and delivered out of the public magazine, to be paid unto him by the commander who shall send the same to the said magazine, or by the person fetching it away again by the said commander's directions. V. And be it further enacted by the authority aforesaid, That if the powder receiver in any port do not give his attendance in his office during the usual office hours (Sundays and holy-days excepted) and duly clear out any commander or master of a vessel applying for and intitled to the same, and also receive into his custody whatever powder shall be tendered to him, and again deliver out the same, or any one barrel thereof, when thereunto required, or if he suffer any damage or embezelment to accrue by his means to any powder committed to his custody, such powder receiver shall be liable to pay double for all the damages the public or any other person or persons shall sustain through such his default or neglect, to be recovered, if the sum is under twenty pounds current money, as is directed by an act for the tryal of small and mean causes, and if the sum exceeds twenty pounds, to be recovered by bill, plaint or information, in any court of record in this Province, by him or them that will sue for the same, wherein no privilege, protection or wager of law shall be allowed or admitted, nor any more than one imparlance; and one half of all such fines and forfeitures as shall become due by virtue of this act, shall go to his Majesty for the use of the public of this Province, and the other half to the informer. Penalty of the powder receiver for neglect of duty. VI. And be it further enacted by the authority aforesaid, That all ships Owners of vessels belongand vessels that are, or shall be hereafter built, or do belong to this Proing to this vince, and whose owners are inhabitants of this Province, shall be exempt- Province, exed from paying any powder, or money in lieu thereof, for such part of empted from the powder such ship or vessel as shall be owned by the inhabitants of this Pro-duty. vince. A. D. 1741. VII. And be it further enacted by the authority aforesaid, That no ship or vessel shall be cleared in the Secretary's office in Charlestown or any No certificate other port until the said master produce a certificate from the powder of clearance to receiver of such port, (for which certificate the said master shall pay the be given till the powder duty is powder receiver two shillings proclamation money, or the value thereof in currency) mentioning the powder he hath received, or money in lieu thereof, as this act directs, on penalty that the Secretary for the time being shall pay to the powder receiver all such powder or sums of money as shall be due from such ship or vessel. paid. Oath to be the vessels. VIII. And forasmuch as heretofore masters of vessels coming into this Province have made short entrys with the powder receiver of the taken as to the burthen of their vessels; for the prevention thereof, Be it further enacted dimensions of by the authority aforesaid, That all masters or owners of vessels who shall hereafter arrive in this Province shall make oath before the pow Mode of calcu- der receiver in the port where such vessel shall arrive, who is hereby lating tonnage. impowered to administer the same, of the length of keel, breadth of beam, and depth of hold, of their respective vessel, and the breadth being multiplied by the length, and that again multiplied by the depth and divided by ninety-five, the product thereof shall be reckoned and accounted the burthen of such vessel; and that every master or owner of any ship or vessel shall pay so much powder per tun into the hands of the said powder receiver, for the use of the public, as by this act is directed; and in case the master or owner of any ship or vessel shall refuse to make oath before the said powder receiver to the length, breadth and depth of his ship or vessel as aforesaid, or shall declare to the said powder receiver that he knows not the aforesaid dimensions of his ship or vessel, and therefore cannot make oath to the same, that then he shall immediately go on board his respective ship or vessel to inform himself of the measure and dimensions aforesaid; er upon any master or owners so refusing to do, then the said powder receiver is hereby impowered to repair on board and measure such ship or vessel in manner aforesaid; for which he shall be allowed by such master or owner neglecting or refusing to make oath, or go on board as aforesaid, the sum of four pounds proclamation money, or the value thereof in currency, to be recovered as is directed by the Act for the tryal of small and mean causes. receiver. IX. And whereas, Col. Miles Brewton, the present powder receiver, hath Indemnification received the powder or money for powder which was directed to be paid of the powder by the masters or owners of all ships or vessels coming into this Province by an Act intitled an Act for the raising a public store of powder since the expiration of the said Act, Be it therefore enacted by the authority aforesaid, that the said Miles Brewton, and all others acting under him in the taking and receiving such powder or money in any manner aforesaid, since the expiration of the said Act, shall be, and he and they is and are hereby indemnified for so doing; and shall be acquitted and discharged of and from all actions and suits that shall or may be brought, prosecuted or commenced against him or them for or by reason thereof, any law, statute, usage or custom to the contrary thereof in any wise notwithstanding. WILLIAM BULL, Jun., Speaker. In the Council Chamber, the 8th day of March, 1741. Assented to: WM. BULL. A. D. 1741. AN ACT TO ENCOURAGE AND INDUCE HANDICRAFT TRADESMEN, SHOP- No. 686. very much to WHEREAS, several small towns and villages have already been laid out and others are proposed to be laid, upon or near the ferrys or passes over rivers, and in other places in this Province, which may add the strength and security of the Province, by bringing together numbers of people to settle in united bodys; we therefore humbly pray your most sacred Majesty that it may be enacted, Preamble. Settlers in the taxation. I. And be it enacted, by the Honourable William Bull, Esquire, Lieutenant Governour 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 every white man, being free and a protestant, who hath already purchased or hereafter shall purchase a lot of land and build or cause to be built a house thereon, or hath already taken, or hereafter shall take or hire a house in any of the towns or villages already laid out or hereafter to be laid out (Charlestown, Georgetown, Beaufort, or any other villages exsea port town hereafter to be erected, excepted) shall during his actual empted from residence within the limits of the plats of the said towns or villages, be freed and exempted from contributing or paying any thing for or towards the provincial taxes which shall hereafter be imposed upon his Majesty's subjects for the support of the Government or otherwise, unless the tax of such persons exceeds the sum of forty shillings proclamation money, and shall also be freed, exempted and discharged from appearing and And from servserving upon any jurys or inquests whatsoever or wheresoever the same ing on juries and inquests, may be summoned or called, (coroners inquests to be taken within the except corotown or village where such person so exempted as aforesaid shall actually ner's inquests. reside, only excepted) and shall also be freed, exempted and discharged from appearing at all common musters, if the place of muster exceeds four miles from such town or village, and from riding patrol, and also, they, their servants and slaves actually residing within such towns or villages, And from shall during their actual residence therein, be freed and exempted from road duty. working upon the highways or roads, or contributing any thing towards the making or repairing the same: any law, usage or custom to the contrary notwithstanding. II. And be it further enacted by the authority aforesaid, That from and Arms not to after the twenty-ninth day of September, which shall be in the year of our be exposed for Lord one thousand seven hundred and forty-two, no guns, swords, cutlass- sale unless in certain neighes or other offensive weapons, gunpowder, bullets or shot, shall be kept in borhoods. any shop or store without the limits of Charlestown plat, in order to be exposed to sale, or shall be exposed to sale by any person or persons whatsoever, except such shop or store shall be kept within some town, village, or other place in the country having ten white men living within a quarter of a mile of such store, upon pain of forfeiting the sum of four Penalty. pounds proclamation money for every such offence, the one moiety to his Majesty, his heirs and successors, to be applied by the General Assembly of this Province for and towards the support of the Government thereof, and the other moiety to him or them who will sue for the same, to be recovered by warrant of distress from any one justice of the peace; any law, usage or custom to the contrary notwithstanding. A. D. 1741. Location to be approved by the Governor. Return of towns and villages to be recorded and not to be altered. Persons exempted from obtain a certificate and transmit it to III. And be it further enacted by the authority aforesaid, That no town or village already laid out or which shall be hereafter laid out, shall be intitled to the privileges above mentioned, unless the situation of the same be first approved of by the Governour or Commander-in-chief for the time being and a majority of his Majesty's Council, and an exact plat thereof, clearly distinguishing the several streets and lots, returned into the secretary's office within nine months from the passing this Act, or within uine months from the time of laying out such town or village. IV. And be it further enacted by the authority aforesaid, That all and every such plat or survey, plats or surveys, as is or are by this Act directed to be returned into the secretary's office, shall for ever thereafter remain there as of record and not be changed or altered by any person or persons upon any pretence or pretences whatsoever. V. And be it further enacted by the authority aforesaid, That every person who is or shall by virtue of this Act be exempted from serving on being juros to jurys and inquests, shall upon his settling in any such town or village as aforesaid, obtain a certificate from the next justice of the peace of such his settlement, and shall transmit the same to the office of the clerk of the the clerk of the crown and peace in Charlestown, within forty days after the date of such certificate, on pain of forfeiting the benefit of such privilege or exemption. VI. And be it further enacted by the authority aforesaid, That the seve ral privileges and exemptions hereby granted to the settlers in towns and villages as aforesaid, shall continue and remain for and during the term of ten years from the time of passing this Act, and from thence to the end of the next session of the General Assembly, and no longer. peace. Limited to ten years. WM. BULL, Jun., Speaker. In the Council Chamber, the 8th day of March, 1741. Assented to: WM. BULL. No. 687. AN ACT for settling a Ferry on Santee River, in the way leading from Charlestown to Williamburgh, and for vesting the said ferry in Joseph Murray, his executors, administrators and assigns, for seven years; and to enable the Commissioners of the public roads near the said Ferry to lay out, make and keep in repair a road on each side of the said River, leading towards the said Ferry; and for declaring the road leading from Wadboo Bridge to Palmer's Ferry to be a private road; and for continuing the roads in the Parish of St. John, in Berkley County, to the places therein mentioned. (Passed 8th March, 1741. See last volume.) No. 688. AN ACT for raising and granting to his Majesty the sum of thirty-eight thousand nine hundred and fifty-three pounds three shillings and two pence farthing, and for applying the sum of eight thousand six hundred and ninety-two pounds thirteen shillings and eight pence three farthings, (being the surplus of several funds) now lying in the hands of the Treasurer, for defraying the charges of the Government for one year, commencing the twenty-fifth day of March, in the year of our Lord one thousand seven hundred and forty-one, inclusive, and ending the twentyfifth day of March, one thousand seven hundred and forty-two, exclusive. (Passed March 8th, 1741.) A. D. 1741. AN ACT for granting to his Majesty the sum of forty-four thousand nine No. 689. hundred and thirty-two pounds seventeen shillings and four pence halfpenny, current money, for defraying the charges of the Government for one year, commencing the twenty-fifth day of March, in the year of our Lord one thousand seven hundred and forty, inclusive, and ending the twenty-fifth day of March, one thousand seven hundred and forty-one, exclusive. (Passed March 26th, 1741.) AN ACT FOR FURTHER SECURING HIS MAJESTY'S PROVINCE OF SOUTH No. 690. ENCOURAGEING PROTESTANTS TO BECOME SETTLERS CAROLINA BY THEREIN. WHEREAS, his most sacred Majesty hath been graciously pleased, by warrant bearing date the twentieth day of July, in the year of our Lord one thousand seven hundred and thirty-eight, to order and direct that the surveyor general of the lands in this his Province of South Carolina, do survey and lay out unto John Cartwright, of the parish of St. James, within the liberty of Westminster, in the county of Middlesex, gentleman, and his associates, two hundred thousand acres of land, between the rivers Santee and Wateree, in four different parcels of fifty thousand acres each, and to be laid out as contiguous as may be, but none of them to be at greater distance than ten miles from some or other of them; provided, the said lands were not already granted to any other person; and that the Governour or Commander-in-chief of South Carolina for the time being, do pass grants under the seal of the said Province to the said John Cartwright and his associates, of the said four parcels of land, in such proportions as they should require of him, but no proportion to contain less than twelve thousand acres; and that all the said grants be passed immediately upon the return of the surveys made to the said Governour or Commanderin-chief, and do bear equal date with each other; provided, the said lands be not already granted to any other persons; and provided, that the said John Cartwright and his associates do pay the usual fees for passing the said grants, and do settle on the said lands one thousand protestants within the space of ten years from the date of the said grants; and whereas, the right and interest of and in the said lands is vested in the Honourable John Selwyn, (of the parish of St. James's,) Esquire, in whose name application hath been made to the General Assembly of this Province, to exempt and discharge the said John Selwyn and such other persons as shall become settlers under him upon the said lands, from the payment of provincial taxes, for the full space and term of ten years from the date of the grants that are to be made out to the said John Selwyn in pursuance of his Majesty's directions in the above recited warrant; wherefore, for giving all proper and fitting encouragement to the further strengthening of this Province by increasing the number of white protestant inhabitants, we humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by the Honourable William Bull, Esquire, 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 VOL. III.-73. Preamble. |