AN ACT FOR THE ENCOURAGEMENT OF MR. GEORGE TIMMONS, IN HIS WHEREAS, Mr. George Timmons of St. John's Parish in Colleton county, hath found out a new method of cleaning of rice, which in all probability will be very advantageous and beneficial to the inhabitants of this Province, in respect that it may be done with more ease and less charge than has hitherto been used among us; to the end, therefore, that all due encouragement be given to ingenuity and industry, when it tends to the public good, we therefore pray your most sacred Majesty that it may be enacted, I. And be it enacted, by the Honourable William Bull, Esq., Lieutenant Governor 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 the said George Timmons, his heirs, executors, administrators, and assigns, shall, for the term of ten years, to commence from the time of passing of this Act, have the sole privilege and advantage of making and framing the said new machine or engine, for the cleaning of rice; and if any person or persons whatsoever, during the time hereby limited as aforesaid, shall presume to make or use any machine, engine, or contrivance, for the cleaning of rice, according to the projection of the abovesaid George Timmons, without a licence in writing, first obtained under the hand and seal of the said George Timmons, his heirs, executors, administrators, or assigns, he, she, or they, shall respectively forfeit and pay to the said George Timmons, his executors, administrators, or assigns, the sum of ten pounds proclamation money, or the value thereof in the current money of this Province, for every such machine, engine, or contrivance, made, or to be made within the term aforesaid, without such licence as aforesaid, to be recovered in any court of record in this Province by action of debt, bill, plaint, or information, wherein no wager of law, essoin, privilege, or protection, shall be allowed or admitted, nor any more than one imparlance provided that nothing herein contained shall abridge any person or persons of the liberty of erecting, framing, or using within the term aforesaid, any machine, or engine, that is entirely different as to the manner of lifting the pestles, from the machine or engine of the said George Timmons. And provided also, that in case the said machine or engine shall not be brought to such perfection by the said George Timmons, within the term of two years from the time of passing this Act, as shall be approved by a committee of both Houses of Assembly, then the term hereby granted to the said George Timmons shall cease and be void, and any other person may be at liberty to erect, frame, or use any machine or engine like that of the said George Timmons. BENJ. WHITAKER, Speaker. In the Council Chamber, the 7th day of May, 1743. A. D. 1743. No. 698. Preamble. Assented to: WM. BULL. A. D. 1743. No. 699. AN Additional and Explanatory ACT TO AN ACT ENTITLED Preamble. Former Act extended throughout the Province. return of the AN ACT WHEREAS, an Act of the General Assembly of this Province, entitled an Act to prevent Mariners and Seamen running into debt, hath been found in some measure defective, by being restrained only to such seamen and mariners as actually belonged to and were under the command of the commander or master of any vessel which at the time of passing the said Act was or at any time thereafter should arrive in this Province, whereby a doubt hath arisen whether the said Act did extend to such seamen whose commanders or vessels had already departed out of this Province before any forfeiture incurred or prosecution commenced by virtue of the said Act; we therefore pray your most sacred Majesty that it may be enacted, I. And be it enacted, by the Honourable William Bull, Esq. Lieutenaut Governour, and Commander-in-chief in and over your Majesty's Province of South Carolina, by and with the advice and consent of your Majesty's honourable Council and the Commons House of Assembly of the said Province, and by the authority of the same, That from and immediately after the passing of this Act all the clauses contained in the said Act entitled an Act to prevent mariners and seamen running into debt, relating to seamen and mariners, shall be and are hereby construed to extend to all seamen aud mariners in general, within this Province, and to all persons entertaining, harbouring or employing them in houses, plantations, or otherwise, whether the masters or vessels to which such seamen belong or did belong, shall have departed out of this Province or not, before any forfeiture incurred or prosecution commenced by virtue of the said Act; provided always, that the said prosecution be commenced within six months after the departure of such master or vessel from this Province, and not afterwards; any thing in the said recited Act or in this Act to the contrary in any wise notwithstanding. II. And be it further enacted by the authority aforesaid, That every Masters of ves-master of a vessel hereafter arriving in this Province shall, under the sels to make penalty of twenty shillings proclamation money for every neglect, at the mariners to the time of making his entry with the country comptroller, deliver to the said Comptroller. comptroller a list of the names of all his seamen on board his vessel, together with each of their particular descriptions, which shall be registered in a book for that purpose to be kept by the said comptroller, who shall receive as a fee for the same one shilling proclamation money from every such master, and one shilling proclamation money for every search or copy of such register from any person requiring the same. Certificate to be given to mariners. III. And be it further enacted by the authority aforesaid, That every master of a vessel in this Province, immediately after the passing of this Act shall (under the penalty of four pounds proclamation money for every offence, to be recovered before any one justice of the peace, for the use of the informer, by warrant of distress and sale) deliver upon demand to every mariner under his command requiring the same, a certificate in writing, gratis, of the freedom of such mariner, if the time of his service by agreement, contract or otherwise, is expired; and upon refusal, without just cause, any two justices of the peace are hereby impowered and required upon application to them and due proof, to grant such certificates, which shall be of equal force with certificates granted by such masters of A. D. 1743. vessels, for every of which certificates the said justices shall receive four shillings proclamation money, to be paid by the party found in the wrong, Fee for the and which the master is hereby impowered to deduct out of the mariner's same. wages, if paid by him for account of any of the mariners found in default. IV. And be it further enacted by the authority aforesaid, That no master of a ship or vessel within this Province, after the passing of this No master to Act, shall hire, receive or entertain any seamen belonging to any other ship employ the or vessel trading within this Province, without such a certificate as afore- other vessel said, under the penalty of ten pounds proclamation money, to be recover- without such ed with costs by any person who will inform and sue for the same in any court of record within this Province, by action of debt, bill, plaint or information, wherein no essoign, protection or wager of law shall be allowed. mariner of n certificate. may be taken V. And be it further enacted by the authority aforesaid, That every free white person within this Province shall be and is hereby impowered Deserting and to apprehend and secure deserting or fugitive seamen, or such as they fugitive seamen suspect to be so, and upon resistance to call to their assistance free persons up. or white servants; and if the person endeavouring to apprehend such seamen is the master of a plantation, he is further impowered to call to his assistance negroes or other slaves belonging to the plantation where he resides, and if any slave or slaves shall be killed or mained in apprehending or securing any such seaman or seamen, the damages sustained by the owner or owners of such slave or slaves, by such killing or maiming, shall be ascertained by two neighbouring justices of the peace, and upon a certificate of the same under the hands and seals of the said justices, shall be paid to the owner or his assigns out of the public treasury. His duty. VI. And be it further enacted by the authority aforesaid, That every person apprehending and securing any deserting or fugitive seamen, shall, Deserters apprehended to under the penalty of three pounds proclamation money, bring or cause to be taken to a be brought such seamen with all convenient speed before the next justice constable. of the peace, to be examined, and if found to be a deserter or without a certificate of discharge, shall by order of the said justice be sent from constable to constable, who are hereby required to receive and conduct such deserter until he is brought to the vessel to which he belongs, to be deliv ered to the master of the same, upon payment of the rewards and charges by this Act appointed, if such master is known and in this Province, or otherwise to be delivered into the common goal or work-house in Charlestown, there to be kept until the master to whom he belongs demands him and pays the said rewards and charges, provided the said master makes his demand within twenty days after the commitment of such seaman; and if no such demand is made and rewards and charges paid within that time, or in case the vessel to which such seaman did belong is gone out of this Province, then it shall be lawful for the provost marshal or warden of the work-house, and they are hereby required, to deliver any such seaman to any other master of a vessel requiring him and paying the said rewards and charges, to be deducted out of the seaman's wages by every master so paying the same. be delivered to VII. And be it further enacted by the authority aforesaid, That all Fugitive seafugitive seamen from any of his Majesty's ships of war which shall be men from vestaken up, shall be delivered either to the provost marshal or to the warden sels of war to of the work-house, who are hereby respectively required to pay unto the the provost person or persons so delivering any such fugitive seaman the reward and marshal or warcharges by this Act appointed; and the said provost marshal or warden ofden of the the work-house shall deliver the said fugitive seaman to his proper cap VOL. III.-76. work-house. A. D. 1743. tain or commander upon being reimbursed the said money and other charges, and such captain or commander shall and may stop it out of the wages due or thereafter accruing due to the said seaman. VIII. And be it further enacted by the authority aforesaid, That every Harbouring or person unlawfully harbouring, entertaining or employing any deserting or employing fugitive seaman, contrary to the tenor of this Act, or the Act to prevent deserters. mariners and seamen running into debt, shall, upon conviction by the oath Penalty. of one or more credible witnesses, forfeit to such seaman, if he informs, or to any other person who shall inform against such offender, as a reward for his information, four pounds proclamation money, to be recovered by warrant of distress and sale of the offender's goods, over and above the penalties and forfeitures, to be recovered and applied according to the detection of the said Act to prevent mariners and seamen running into debt. Reward for deserters. IX. And be it further enacted by the authority aforesaid, That every apprehending person apprehending a fugitive seaman shall receive as a reward for the same forty shillings proclamation money, to be paid as by this Act is before directed; and the charges, fees and mileage payable to the officers, constables and other persons, directed, impowered or required to put this Act in execution, shall be the same as those limited and ascertained by the following table that is to say, to the person carrying any fugitive seaman from the place where apprehended to the justice, three pence per mile proclamation money; to the justice before whom such seaman is brought, for examining the matter and order thereon, two shillings like money; to the constable per mile, from the place where he receives to the place where be delivers such seaman, besides ferriage and diet, three pence like money; to the marshal or warden of the work-house, for receiving and discharging each seaman, two shillings and six pence like money; to diet per diem for each seaman, allowing at least one pound of bread and one pound of flesh, wholesome provisions, one shilling and three pence like money. Ferrymen to demand a certificate. General issue and this Act given in evidence. Limitation of the Act, five years. X. And be it further enacted by the authority aforesaid, That every person keeping a ferry within this Province, who shall wilfully transport or suffer to be transported over his or her ferry any fugitive seaman, and not having a certificate of discharge directed by this Act, shall, upon conviction before any one of his Majesty's justices of the peace, for every such offence forfeit four pounds proclamation money, for the use of such person as shall inform and sue for the same, to be recovered by warrant of distress and sale of the offender's goods. XI. And be it further enacted by the authority aforesaid, That if any action, suit or information shall be commenced or prosecuted against any person or persons for what he, she or they shall do in pursuance or execution of this Act, it shall and may be lawful to and for such person or persons to plead the general issue and give this Act and the special matter in evidence; any law, custom or usage to the contrary in any wise notwithstanding. XII. And be it further enacted by the authority aforesaid, That this Act shall continue and be of force for and during the term of five 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. BENJ. WHITAKER Speaker, In the Council Chamber, the 7th day of May, 1743. Assented to; WM. BULL. A. D. 1743. AN ACT TO PREVENT STEALING OF HORSES AND NEAT CATTLE, AND FOR THE MORE EFFECTUAL DISCOVERY AND PUNISHMENT ОР SUCH No. 700. WHEREAS, the laws hitherto provided and in force in this Province are found insufficient to prevent the great evils of stealing horses and neat cattle, and of unlawfully branding, marking or killing the same, Preamble. whereby the said wicked practices are become very common, to the great discouragement and detriment of the honest inhabitants; for prevention therefore of the said growing wickedness for the future, and that proper encouragement may be given for the discovery of the same, we humbly pray your 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 in and over your Majesty's Province of South Carolina, by and with the advice and consent of your Majesty's honourable Council and the Commons House of Assembly of the said Province, and by the authority of the same, That an Act of Parliament Act of 1 Edw.6, made in the first year of the reign of King Edward the Sixth, entitled in part rean Act for the repeal of certain statutes concerning treason and felonys, enacted. &c., in so far as the same relates to the felonious stealing of horses, geldings or mares-and also another Act of Parliament, made in the second and third years of the reign of the said King, entitled a Bill for horse and Edw. 6, conhorse stealers, are, and are hereby declared, immediately from and after cerning horse the passing of this Act, to be in full force in this Province, to all intents stealers. and purposes whatsoever. Also Act 2 & 3 Peace may act as toll-masters. II. And be it further enacted by the authority aforesaid, That the justices assigned or to be assigned to keep the peace in the several Justices of counties in this Province, shall be, and are hereby appointed, toll-masters in their respective counties, with full power and authority to exercise within their several counties all and every the powers given them as tollmasters by virtue of this Act. Toll masters may administer on the evidence III. And be it further enacted by the authority aforesaid, That the said toll-masters appointed or hereafter to be appointed by virtue of this Act, shall have power to administer oaths to the persons avouching or tolling oaths. before them respectively, and are hereby declared to be sufficient judges of the proof of the property of the persons so tolling, and upon such proof appearing sufficient are hereby required and directed to toll or avouch any horse, mare, gelding, colt or filly, for that purpose produced to them or either of them, and in a book for that end to be kept, shall enter the and may decide time of sale and the name and place of dwelling of every seller and buyer of brought before the horse, mare, gelding, colt or filly, and the burnt mark or other notable them. flesh mark thereof, and the price or thing for which the same is sold or exchanged, and shall, under hand and seal, give a certificate of such entry to every person requiring the same, upon the payment of two shillings proclamation money, or the value thereof in current money, for his trouble therein, under the penalty of five pounds proclamation money for every neglect or refusal in any or either of the said toll-masters. IV. And be it further enacted by the authority aforesaid, That after six months from the passing of this Act, no sale or exchange of any horse, What sales of mare, gelding, colt or filly in this Province, shall be deemed sufficient in horses, &c. law to transfer the property thereof, without being first avouched and tolled and a certificate of the same obtained as aforesaid; except publick are valid. |