A. D. 1744. time to deliver or claim any messuages, lands, tenements or hereditaments within this Province, granted since the property of the same has been vested in his Persons claim- Majesty, his heirs and successors, by virtue of any mesne conveyance, ing lands by titles under the right or title whatsoever, derived from and under the original grant of the Crown, are same, shall and are hereby required, within eighteen months after the within a certain passing of this Act and obtaining the royal approbation thereof, and to the Auditor public notice of such Act and approbation given in Charlestown, or elseGeneral, me- where in this Province, by proclamation to be issued by the Governor or morials thereof. Commander-in-chief for the time being, to deliver memorials in writing upon oath, of all and every such their mesne conveyances, claims or titles respectively, to his Majesty's auditor general, or his deputy, in this Province, or to such other person or persons as his Majesty, his heirs or successors hereafter, shall be graciously pleased to appoint to receive and register the same, if memorials thereof before such public notice to be given as aforesaid, shall not have been duly registered; in which memorials The memorials to be delivered as aforesaid, shall be mentioned and expressed the particuto contain parti- lar quantity of lands claimed by the person or persons exhibiting or culars of the land claimed under them, and the rents thereon. Except as to conveyances of town lots. Grantees selling to nonresidents to deliver me morials of such sales on oath. Memorials of transfers to be entered and registered. Penalty for neglect. offering the same to be registered, the county, parish and place where situate, and the particular buttings and boundings of the same, and also what rents are reserved thereon, together with the dates of such mesne conveyances, other title, deeds or wills, and the names of the grantors and grantees, devisors and devisees, or other persons under whom they claim or derive their respective titles; for entering which memorial the auditor general, or his deputy, shall be allowed three shillings proclamation money or the value thereof in currency, and no more, the oath included: Provided always, that nothing hereinbefore contained, shall extend or be construed to oblige any person or persons to register memorials of the mesne conveyances, claims or titles to town lots within the town plats of townships already laid out, or hereafter to be laid out within this Province. II. And be it further enacted by the authority aforesaid, That all and every person and persons whatsoever, who were or shall be original grantees, or have or shall have purchased or otherwise held or claimed under such original grantees, any messuages, lands, tenements or hereditaments within this Province, town lots as aforesaid excepted, since the property of the same has been vested in his Majesty, his heirs and successors, who have, or before such public notice to be given as aforesaid, shall have sold or conveyed, or may hereafter sell or convey the same to any person or persons not residents in this Province, shall and are hereby required, within eighteen months after the passing of this Act, and public notice to be given as aforesaid, or within eighteen months after the execution of such mesne conveyance, to deliver as aforesaid, a memorial in writing, upon oath, of such sales and conveyances, wherein shall be contained all the particulars hereinbefore directed to be inserted in memorials to be delivered by the possessors or claimers of any lands, tenements or hereditaments. III. And be it further enacted by the authority aforesaid, That upon all transfers of the property of any lands, tenements or hereditaments within this Province, town lots as aforesaid excepted, after public notice of the royal approbation of this Act to be given as aforesaid, memorials of such transfers shall from time to time be entered in the manner before directed, within eighteen months after any such transfer or transfers respectively. IV. And be it further enacted by the authority aforesaid, That all and every person and persons, who by this Act are required to register their sales, mesne conveyances or titles, shall do the same by or before the A. D. 1744. times hereinbefore limited for doing thereof, on pain of forieiting to his Majesty, his heirs and successors, double the sum which he, she or they ought or would have been obliged to have paid for quit rents, for or in respect of such lands, tenements or hereditaments, whereof a memorial ought to have been registered as aforesaid, the payment of such double quit rents to commence and be computed from the times respectively limited by this Act for entering or exhibiting such memorials; and such double quit rents shall be recovered in the same manner as his Majesty's other quit rents in this Province are now by law recoverable; and the same method shall be observed in the sales, seizures and returns of the overplus money, as if the said double quit rents had been single: Provided always nevertheless, that minors and feme coverts shall be allowed Exception as two years after they come of age, or are dis-covert, and persons residing to minors and beyond the seas or out of this Province, four years from and after the respective times hereinbefore limited for entering memorials, to register their memorials required by this Act, unless such persons beyond the seas shall sooner return into this Province, in which case they shall have eighteen months from the time of their arrival to register their memorials ; and that they or either of them, shall not be subject to the forfeiture of double quit rents until after the expiration of the terms hereby allowed them respectively. feme coverts. future. V. And be it further enacted by the authority aforesaid, That all and every person and persons who have been, now are, or hereafter shall be Persons paying seized of any lands, tenements or hereditaments within this Province, and or securing the have or shall hereafter sell, convey or dispose of the same to any person five years, to quit rents for or persons who shall have been settled, or have lived and resided for the be exempted in space of twelve months immediately before such conveyance or sale, and have paid to the value of eight shillings proclamation money in the provincial taxes for that time, or who shall give good and sufficient security, to be approved of by the Governor and Council for the time being, for the due payment of the quit rents for the term of five years after such sale or conveyance, to grow due to his Majesty, his heirs and successors, for the lands to him, her or them so sold or conveyed, his, her and their heirs, executors and administrators, shall forever thereafter be freed, acquitted and discharged of and from the payment of any future quit rents for the same: Provided always, that memorials of such conveyances or sales, shall be duly entered according to the directions of this Act, and that the Memorials to quit rents due to his Majesty, his heirs and successors, at the time of be registered. entering such memorial, shall be fully satisfied, paid off and discharged; any law, custom or usage, to the contrary thereof in any wise notwithstanding. VI. And whereas, by his Majesty's royal instructions to his Excellency Robert Johnson, Esq., late Governor of this Province, reciting that great Persons inconveniencys had arisen in many of his Majesty's Colonys in America, monopolizing large quantitys from the granting of excessive quantitys of lands to particular persons who of land. have never cultivated, and have thereby prevented others more industrious from improving the same, his Majesty therefore, amongst other things, signified his royal will and pleasure to the said Governor, that he should not suffer any person to possess any more acres of uncultivated lands than were mentioned in their respective grants; and he was also directed to recommend to the Assembly of this Province, to pass an Act or Acts, whereby the owners of all lands then already granted by the late Lords Proprietors, should be obliged within a reasonable time to take possession of and cultivate the lands by them claimed, on penalty of forfeiting such right and claim; but notwithstanding that no such Act or Acts were A. D. 1744. Lands may be surrendered on ever passed in this Province, great quantitys of lands were granted to the inhabitants of this Province, but the conditions inserted in such grants to oblige the grantees to cultivate and improve the same, have not proved effectual for the settlement of this Province, because although those conditions have not been complied with by many persons, yet his Majesty's Governor and Council have not been able to resume such lands, or to accept a surrender of them in behalf of his Majesty, that so those lands might be granted to other persons; and whereas, a great part of the lands so granted as aforesaid are still uncultivated, and in all likelihood will so remain for many years to come, unless this country shall be strengthened by an increase of people: And whereas, there are many persons who have obtained such grants as aforesaid, or hold under them, are sensible of the great dangers to which this Province is exposed by the lands being so thinly settled, and of the inconveniencys and prejudice that has arisen from the same, and are willing to surrender and yield up to his Majesty all the right they have to the lands which they hold or claimed under such grants, for the use of such industrious poor protestants and others, who are willing to become settlers, and to improve and cultivate such lands; wherefore, as well for the better receiving and collecting his Majesty's quit rents, which are reserved upon such grants, and which are or shall be due and in arrear, and for increasing the same in time to come, as for strengthening this Province by giving due encouragement to poor protestestants and others to come and settle here, Be it further enacted by the authority aforesaid, That after the allowance, confirmation and final ratification of this Act by his Majesty, his heirs or successors, and after the publication of the same in this Province, it shall and may be lawful for any person or persons whosoever, who now do or hereafter may hold any lands, tenements or hereditaments by any grant or grants from his Majesty, his heirs or successors, or by any right or title derived under such grant or grants, to yield up and surrender the same grant or grants, and all the lands mentioned or described in such grant or grants, and all their title, claim and demand to all such lands, tenements or hereditaments, unto his Majesty, his heirs or successors, such person or persons first fully satisfying and paying to his Majesty, his heirs or successors, or to his or their receiver general, or to such other person as by him or them shall be appointed to receive the same, all such quit rents as shall or may be reserved on such grant or grants, and which shall be in arrear, due, owing or unpaid at the time of making such surrender; and it shall and may be lawful for the Governor or Commander-in-chief of this Province for the time being, by and with the advice and consent of his Majesty's honorable Council, to accept and receive such surrender on his Majesty's behalf, and shall cause the same to be certified to his Majesty's receiver and auditor general, or their deputy or deputys, residing in this Province; and after such surrender shall be made, accepted and received as aforesaid, such grantees as aforesaid and their heirs, and all and every person and persons claiming under them, or any of them, shall be forever thereafter freed and discharged from the payment of the quit rents reserved on such grants, and the lands, tenements and hereditaments described and contained in such grants, shall and may be again granted by his Majesty, his heirs or successors, for the use of such industrious poor protestants or others who may be willing to come over to this Province, and shall be desirous to improve and cultivate the same, and for no other use or purpose whatsoever. VII. Provided nevertheless, and be it further enacted by the authority aforesaid, That if any surrender shall be offered to be made by any such grantee or grantees as aforesaid, or their heirs, or by any person or A. D. 1744. persons claiming under them or any of them, where any waste or spoil whereon waste has been committed, by making pitch, tar or turpentine on any of the lands, No surrender tenements or hereditaments holden or claimed under any such grant or of lands allowed grants from his Majesty, his heirs or successors, no such surrender as afore- hath been said shall be allowed to be made, received or accepted. committed. VIII. And whereas, notwithstanding the good and wholesome laws heretofore made in this Province to prevent irregularitys being committed by the surveyor general in his office, or by any of his deputys, several deputy surveyors for the sake of unjust gain have made it a practice to make, certify and return several plats to different persons of the same land, and have also returned plats with feigned and false descriptions, which were not to be found on the lands delineated and represented, by reason whereof several of his Majesty's subjects have been put to considerable charges and expences in obtaining grants for such lands, and have been made chargeable in his Majesty's rent roll for quit rents of lands supposed to have been laid out for them, and have been otherwise much grieved and damaged by the fraudulent practices of such deputy surveyors; for remedy whereof, Be it further enacted by the authority aforesaid, ed by frauds of That whenever such frauds shall be discovered and due proof shall be surveyos may made of the same before the Governour or Commander-in-chief of this be relieved. Province for the time being, and his Majesty's honorable Council, the party or partys so deceived shall be relieved, and may be at liberty to yield up and surrender any grant or grants which shall appear to have been certifyed and returned by any deputy surveyor in such fraudulent manner as aforesaid; and the Governour or Commander-in chief of this Province for the time being, by and with the advice and consent of his Majesty's honorable Council, shall cause the matter to be certified to his Majesty's receiver and auditor general, or their deputys residing here, and the party or partys so grieved as aforesaid, and their heirs, shall be freed and forever discharged from the quit rents reserved on the grants passed upon such fraudulent return as aforesaid. Persons deceiv IX. And be it further enacted by the authority aforesaid, That this Act This Act not to shall not be carried into execution or be of force until his Majesty, his be in force till heirs or successors, shall have approved thereof, and public notice of such approved by approbation be given in this Province, as is herein before directed; any his Majesty. thing in this Act contained to the contrary in any wise notwithstanding. WM. BULL, Jun., Speaker. In the Council Chamber, the 29th day of May, 1744. Assented to: JAMES GLEN. A. D. 1744. No. 716. AN ACT FOR THE RAISING AND LEVYING THE CHARGES OF CONVEYING Preamble. Criminals, if able, shall pay the charges of their commit ment to goal. THIS PRO WHEREAS, great inconveniency and delay of justice hath heretofore arisen and may hereafter arise for want of proper means for defraying the charges of conveying malefactors and offenders to goal, by reason whereof many crimes committed in this Province may go unpunished; we therefore pray your most sacred Majesty that it may be enacted, and I. And be it enacted, by his Excellency James Glen, Esq. Governour-inchief 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 of the same, That from and after the passing of this Act, every person persons who shall be committed to the common or provincial goal in this Province, by any justice or justices of the peace in this Province, for any offence or misdemeanour, having means or ability to do the same, shall bear their own reasonable charges for so conveying or sending them to the said goal, and the charges also of such as shall be appointed to guard them to the said goal, and shall so guard them thither; and if any person or persons so to be committed as aforesaid shall refuse to defray the said charges, or shall not pay or bear the same, that then such justice or justices of the peace are hereby authorized and required to give an order to the constable who shall bring such criminal before such justice, upon the public treasurer, for such a reasonable sum of money as he shall think necessary for defraying the charge of safe conducting such person or persons so committed to goal, and the said treasurer is hereby required to pay the same out of the money in his hands raised for defraying the contingent charges of the government, or out of such other moneys as shall be raised by the General Assembly for this purpose. And the justices of the said court, before whom the said criminal shall be tryed, shall, upon conviction of such offender, by order of the said court authorize and direct the constable or constables of the county or parish where such person or persons shall be dwelling or inhabit, and from whence he, she or they shall be committed as aforesaid, or where he, she or they shall have any goods within the county or parish, to sell so much of the goods and chattels of the said persons so to be committed, as shall satisfy and pay the charges of such his, her or their conveying and sending to the said goal as aforesaid; the appraisement to be made by three of the freeholders, inhabitants of the said parish where such goods or chattels shall be, (the said freeholders being first sworn to make a just and true appraisement of the same); and the said constable shall return the sum so by him levied to the public treasurer, to replace the said money so paid out of the treasury for defraying the charge of conducting the criminal to goal as aforesaid; and the overplus of the money which shall be made on such levy, in case the offence shall be such as the offender's goods shall not be forfeited to his Majesty, shall be delivered to the party; but in case the |