XXVIII. And be it further enacted by the authority aforesaid, That no A. D. 1744. white servant or servants shall hereafter be obliged to appear or serve at any muster or musters of the militia of this Province, or on patrols, except Servants to be in times of alarms, invasions, or insurrections, any law, usage or custom to exempt from military duty the contrary in any wise notwithstanding. except in time XXIX. And be it further enacted by the authority aforesaid, That in of alarm. case any of the officers or other persons, acting by and under the authority General issue of this Act, shall be sued or prosecuted for any matter or thing by them may be pleaded done in execution thereof, it shall and may be lawful to and for such offi- andthis Act given in evicer or other person to plead the general issue, and to give this Act and dence. the special matter in evidence; any law, custom or usage to the contrary thereof in any wise notwithstanding. former Act. XXX. And be it further enacted by the authority aforesaid, That an Act of the General Assembly of this Province, ratified the eleventh day of Reference to a December, in the year of our Lord one thousand seven hundred and seventeen, and entitled an Act for the better governing and regulating white servants, shall and is hereby declared to be repealed and for ever made void, to all intents and purposes whatsoever. WM. BULL, Jun., Speaker. In the Council Chamber, the 29th day of May, 1744. Assented to: JAMES GLEN. AN ACT impowering Commissioners to finish and continue certain No. 711. Roads already laid out for the convenience of the inhabitants residing between Saltketcher and Pocatalaga Rivers. (Passed May 9, 1744. See last volume.) AN ACT for raising and granting to his Majesty the sum of Fifty- No. 712. one Thousand Two Hundred and Five Pounds twelve shillings and two pence three farthings, and for applying the sum of eight thousand and fifty-six pounds four shillings and three pence, being the surplus of several taxes and the balance of several funds in the public treasury of this Province, 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-three, inclusive, and ending the twenty-fifth day of March, one thousand seven hundred and forty-four, exclusive. (Passed May 29, 1744.) 1 A. D. 1744. Preamble. No. 713. AN ACT TO APPOINT PERSONS TO SERVE IN JURYS, PURSUANT TO THE DIRECTIONS OF AN ACT OF THE GENERAL ASSEMBLY, PASSED THE TWENTIETHI DAY OF AUGUST, IN THE YEAR OF OUR LORD ONE THOU SAND SEVEN HUNDRED AND THIRTY-ONE, INTITLED “An Act confirming and establishing the ancient and approved method of drawing Jurys by ballot in this Province, and for the better administration of justice in criminal causes, and for appointing of Special Courts for the tryal of the causes of transient persons, declaring the power of the Provost Marshal, for allowing the proof of deeds beyond the seas as evidence, and for Repealing the several Acts of the General Assembly therein mentioned." WHEREAS, in and by an Act passed by the General Assembly of this Province the twentieth day of August, in the year of our Lord one thousand seven hundred and thirty-one, entitled an Act confirming and establishing the ancient and approved method of drawing Jurys by ballot in this Province, and for the better administration of justice in criminal causes, and for appointing of Special Courts for the tryal of the causes of transient persons, declaring the power of the Provost Marshal; for allowing the proof of deeds beyond the seas as evidence, and for repealing the several Acts of the General Assembly therein mentioned-it was, amongst divers other things, enacted that it should and might be lawful for the chief justice, public treasurer, and coroner of Berkley county, once at the end of every three years after the passing the said recited Act, to make and appoint a new list of jurymen to serve at the several courts therein mentioned, observing the order and method in the said Act directed and appointed; provided, that nothing in the said Act contained should be construed to extend to give the said chief justice, public treasurer, or coroner of Berkley county, any power or authority to appoint any new lists of jurymen, if the General Assembly at any time during the space and before the end of any of the said terms of three years should appoint and establish any new list or lists of jurymen, but that the said chief justice, public treasurer, or coroner of Berkley county, should only have power to appoint such new lists in case the General Assembly should not think fit to appoint any such new lists during the space or before the end of the said respective terms therein before appointed for doing the same: and whereas, it is more than three years since the last jury lists were appointed, so that it becomes necessary to appoint new lists of jurors, and the General Assembly having taken the matter into consideration, humbly pray your most sacred Majesty that it may be enacted, in the schedule I. And be it enacted, by His Excellency James Glen, Esq., Governour in-chief, and Captain General in and over this his Majesty's Province of South Carolina, by and with the advice and consent of his Majesty's Honourable Council and the Assembly of this Province, and by the authority Persons named of the same, That the several persons whose names are in the several lists shall be drawn or schedules hereunto annexed (and no other person or persons whoever) as jurors, and shall be drawn by ballot, impannelled, summoned, and obliged to serve as jurymen at the several courts in the said above recited Act mentioned, and in such manner and form as is hereinafter directed and prescribed, (that is to say) that the several persons in the first schedule or list annexed, entitled a list of grand jurymeu, shall be drawn by ballot, impannelled, summoned, and obliged to serve on all grand jurys, at the court of general sessions of the peace, oyer and terminer, assize and general goal delivery, to be holden no others. in Charlestown; and the several persons whose names are inserted in the A. D. 1744. second schedule or list hereunto annexed, entitled a list of petit jurymen, shall be drawn by ballot, impannelled, summoned, and obliged to serve on Grand and petit all jurys and inquests whatsoever, at any of the courts of record that shall jury. at any time hereafter be holden in Charlestown, in this Province; and the several persons whose names are inserted in the third schedule or list hereunto annexed, entitled a list of special jurymen, being inhabitants of the parish of St. Philip's, Charlestown, shall be drawn by ballot, impannelled, summoned, and obliged to serve on all jurys and inquests of all special courts, hereafter to be holden in this Province; the said above recited Act, or any other Act, law, usage or custom to the contrary thereof in any wise notwithstanding. II. And be it further enacted by the authority aforesaid, That the chief justice, public treasurer, and coroner of Berkley county, shall, on or before Mode of drawthe first Tuesday in July next, cause to be written on small pieces of ing the jury. paper, of an equal size and bigness, the names of the persons hereby appointed to serve as jurymen, with the name of the parish or place where such person shall then live and reside, and having first diligently compared them with the lists or schedules hereto annexed, shall cause them to be put into the jury box, observing the following method, that is to say, the names of all the persons mentioned in the schedule or list hereunto annexed entitled a list of grand jurymen, shall be put in the division in the said box numbered one; and the names of all the persons mentioned in the schedule or list hereunto annexed, entitled a list of petit jurymen, shall be put into the division of the said box numbered three; and the names of the persons mentioned in the schedule or list entitled a list of special jurymen, shall be put into the division of the said box numbered five. the former act. III. And be it further enacted by the authority aforesaid, That the persons hereby appointed to serve on jurys, shall be drawn according to Jurors to be the method prescribed by the above recited Act, and shall be subject and drawn as liable to all the dutys, pains and penalties which are enjoined and inflicted prescribed by by the laws of this Province on jurymen. Provided always, that nothing in this Act contained shall be construed, deemed or taken to oblige any person or persons who heretofore have been, now are, or hereafter shall be members of his Majesty's honorable Council, judges or assistant judges in any of the courts of this Province, or members of the Assembly and officers of any of the courts of justice, during the time they shall be members, and during the continuance in such offices, or any person or persons exempted by the laws and statutes of Great Britain, or by any law of this Province, to serve as jurymen; or to debar or preclude any person or persons from challenging or excepting against any juror or jurors, where, by the laws of Great Britain, he or they might have been admitted so to do; challenges to the array, in respect of partiality, affinity or consanguinity of the provost marshal, only excepted. IV. And be it further enacted by the authority aforesaid, That if any Jurors to be person who shall be drawn, impannelled, summoned and returned to serve fined for non as a juror at any court of common pleas hereafter to be holden in this appearance. Province, shall not appear, or after appearance shall refuse to act, or who shall absent himself without leave of the said court, that then and in such case the said court may lawfully fine such person in any sum not exceeding five pounds proclamation money, unless such person or persons can shew a good and sufficient excuse before the breaking up of the said court, which said excuse shall be upon oath, and to the satisfaction of the said court. Provided, that all such person or persons shall have till the A. D. 1744. Notice to be given in the defaulters. next return day after such court to make such excuse to the judges of the said court; which fines shall be paid into the hands of the public treasurer of this Province, and shall be applied in such manner as is hereinafter directed. V. And that all defaulters may have due notice of the fines intended to be laid on them, Be it further enacted by the authority nforesaid, That the clerk of the said court of common pleas shall be and he is hereby directed Gazette of all and required to cause a list of the names of all such jurors as shall be defaulters at any court of common pleas that shall hereafter be holden in this Province, to be inserted in the Gazette, within ten days after such defaulter shall be noted for non appearance. application. VI. And be it further enacted by the authority aforesaid, That as well Fines and their the fines inflicted by this Act on jurors for non appearance at the court of common pleas, as the fines finflicted on the grand and petit jurors for non appearance at the court of general sessions of the peace, oyer and terminer, assize and general goal delivery, and the fines inflicted on persons who shall refuse or neglect to take the office of constables upon thein, shall be kept in the hands of the public treasurer, and applied towards the building of a state house; any law, statute, usage or custom to the contrary in any wise notwithstanding. Majority of assistant justices may pro ceed without the chief justice. VII. And whereas, it may happen that the chief justice of the court of common pleas, by reason of sickness, absence or death, cannot attend the said court, whereby all business then depending may in such case be impeded, Be it therefore enacted by the authority aforesaid, That it shall and may be lawful for a majority of the assistant justices for the time being, in case of sickness, absence or death of the chief justice, to proceed on, hear, try and determine all causes which lawfully could or might have been brought before or tryed, heard, examined or determined by the said court, as fully and absolutely, to all intents and purposes, as if the chief justice had presided and been present in the said court; any law, usage or custom to the contrary thereof in any wise notwithstanding. (The lists of names of the jurors, are omitted.) WM. BULL, Jun., Speaker. In the Council Chamber, the 29th day of May, 1744. Assented to: JAMES GLEN. No. 714. Preamble. Bounties for destroying AN ACT TO ENCOURAGE the DESTROYING BEASTS OF PREY. FORASMUCH as it is become necessary to give some encouragement to have beasts of prey destroyed, which of late have been very destructive to the stocks of cattle, sheep and hogs, in this Province; we therefore humbly pray your most sacred Majesty that it may be enacted, I. And be it enacted, by his Excellency James Glen, Esquire, Governor in chief and Captain General in and over this his Majesty's Province of South Carolina, by and with the advice and consent of his Majesty's honorable Council and Assembly of this Province, and by the authority of the same, That all and every person and persons whoever, that shall hereafter kill in this Province, within one hundred and fifty miles of CharlesCharlestown. town, or within the Welch Tract upon Pedee, any of the beasts of prey beasts of prey within 150 miles of hereinafter mentioned, shall have the following rewards, that is to say, for A. D. 1744. a tiger, eight shillings; for a wolf, six shillings; for a bear, four shillings; for a wild cat, four shillings; proclamation money; which rewards shall be paid to such persons out of the public treasury of this Province, in the manner hereinafter directed. evidence to be II. And be it further enacted by the authority aforesaid, That every person killing any of the beasts of prey above mentioned, within the limits The scalp with aforesaid, (to be intitled to the reward for the same) shall carry the scalp 2 ears or other with the two ears of such beast of prey, fresh to, or shall give sufficient satisfactory proof to the satisfaction of any one of his Majesty's justices of the peace given. in this Province, that such beast was killed within the limits aforesaid, such magistrate (first destroying the ears) shall give such person a certificate of the same gratis, with an order to the public treasurer of this Province for the time being, requiring him to pay such person the reward by this Act directed to be given for such beasts of prey respectively; and the said public treasurer shall, and he is hereby required to pay such order to the person possessing the same accordingly, out of the moneys to be provided for that purpose, in the estimate of the current year. III. And be it further enacted by the authority aforesaid, That this Act shall continue in force for the space of five years, from the time of Limitation five passing thereof, and from thence to the end of the next session of General years. Assembly, and no longer. WM. BULL, Jun., Speaker. In the Council Chamber, the 29th day of May, 1744. Assented to: JAMES GLEN. AN ACT TO REMEDY SOME DEFECTS IN HIS MAJESTY'S RENT ROLL, No. 715. SUCH PERSONS AS UPON TRANSFERRING THEIR PROPERTY SHALL ENTER MEMORIALS OF SUCH TRANSFER IN THE AUDITOR'S OFFICE, PAY THE WHEREAS, the provision already made by law for ascertaining his Majesty's quit rents in this Province, and to enable the officers of the Preamble. revenue to make and continue a perfect roll of the same, hath not fully answered the ends proposed; and whereas, sundry other regulations not hitherto provided for by law, have been found necessary to be made concerning the said quit rents, and for the more speedy and effectual payment thereof; we his Majesty's most dutiful and loyal subjects having a due and grateful sense of all the royal bountys and favors bestowed upon us, do therefore humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by his Excellency James Glen, Esquire, Governour-in-chief and Captain-General, 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 Assembly of this Province, and by the authority of the same, That all and every person and persons who do, or shall at any time hereafter, before the public notice hereinafter mentioned, hold VOL. III.-80. |