offence be such as that the offender's goods shall be forfeited to his Majes- A. D. 1744. ty, then the overplus to be paid to his Majesty's receiver general; and any sale of the goods and chattels made by the persons committed, between the time of the commitment and the time of conviction, in order to avoid the payment of the said charges, is hereby declared to be null and void. II. And be it further enacted by the authority aforesaid, That if the said person or persons, so to be committed as aforesaid, shall not have or The public to be known to have any goods or chattels which may be sold for the purpo- pay such charges if the crimses aforesaid, it shall and may be lawful for the court of general sessions inal cannot. of the peace, oyer and terminer, assize and general goal delivery, upon examination of the matter in open court, to make an order for the payment of such reasonable charges as aforesaid, for sending or conveying and guarding to the said goal such person or persons so to be committed as aforesaid, directed to the public treasurer of this Province for the time being, requiring him to pay the same out of the sums provided for defraying the contingencys of this Government, or out of such other money as the General Assembly shall from time to time think fit to direct and appoint or provide for the purposes aforesaid. III. And be it further enacted by the authority aforesaid, That in case any criminal or criminals who shall hereafter be convicted, shall not have And the wherewithal to defray the charges and fees of prosecution, if it shall so charges of appear to the said court, upon certificate thereof from the said court that prosecution. such criminal or criminals are unable to pay such charges and fees, in such case the charges and fees shall be paid by the public of this Province, any law or custom to the contrary notwithstanding. and this Act IV. And be it further enacted by the authority aforesaid, That if any action of trespass or other suit shall happen to be brought against the per- General issue son or persons for taking of any distress, making of any sale, or any other may be pleaded matter or thing done in pursuance of the directions of this Act, the given in defendants in any such action shall and may plead the general issue and evidence. give this Act and the special matter in evidence, in any of his Majesty's courts of justice in this Province where the said matter shall be depending, and the judges of the said court are to admit thereof, and after verdict found for the defendant, or nonsuit of the plaintiff, to award treble damages to the defendant, with costs of suit. V. And be it further enacted by the authority aforesaid, That the last paragraph of an Act of the General Assembly of this Province entitled Part of a former an Act for authorizing the General Court in Charles City and Port to Act repealed. exercise several powers and privileges allowed to the county and precinct courts in this Province, and some other regulations, be repealed. WM. BULL, Jun., Speaker. In the Council Chamber, the 29th day of May, 1744. Assented to: JAMES GLEN. A. D. 1744. No. 717. AN ACT FOR THE MORE EFFECTUAL RELIEF OF INSOLVENT DEBTORS, AND Preamble. Insolvents may petition the court within one month after being in custody. FOR THAT PURPOSE PUTTING IN FORCE AND EFFECTUALLY CARRYING INTO EXECUTION IN THIS PROVINCE SUCH PART OF AN ACT, MADE IN THE PAR- TIONED. HEREINAFTER MEN WHEREAS, the Acts heretofore made in this Province for the relief and discharge of poor, distressed, and insolvent prisoners for debt, have been liable to such great and notorious abuses, as have in a great measure obstructed the good ends and purposes of such Acts, and many idle and extravagant persons have, thereby, been encouraged to contract many debts beyond their capacity of ever paying, and others to submit themselves to a prison, and there spend what would make their creditors reasonable satisfaction; and whereas, there may be many others who are proper objects of compassion, and may be willing to satisfy their creditors as far as they are able; for preventing the like abuses, and for the ease and relief of such prisoners as shall be willing to satisfy their creditors as far as they are able, we humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by his Excellency James Glen, Esq., Captain General, 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 honorable Council and the Assembly of the said Province, and by the authority of the same, That if any person or persons whatsoever, shall be at any time hereafter sued, impleaded, or arrested for any debt, duty, demand, cause, matter, or thing, whatsoever, (except for such causes, matters, or things as are hereinafter excepted) and shall be minded to deliver up to his, her, or their creditors all his, her, or their effects, towards satisfaction of the debts wherewith he, she, or they stand charged, or in which he, she, or they shall be indebted to any person or persons whatsoever, it shall be lawful for every such person, within one month after he, she, or they shall be taken into custody, and not after, to exhibit a petition to any of the courts of law from whence such process issued, certifying the causes of his, her, or their imprisonment, or being served with such process, together with an account of his, her, or their real and perFurnishing an sonal estate, with the dates of the securitys wherein any part of it consists, inventory of and the deeds, notes, or vouchers relating thereto, and the names of the their property. witnesses to the same, as far as his, her, or their knowledge extends therein; and upon such petition, the court may, and is hereby required, by order or rule, to cause the petitioner to be brought before them, and as well the creditors, at whose suit such person or persons shall stand charged, as all other the creditors to whom he, she, or they shall be indebted, to be summoned by public notice one month at least to be given Public notice to in the Gazette, or for want of a Gazette, or other printed paper, then in be given. such manner as the said court, or the justices thereof, shall direct, personally, or by their attorney, to appear at the said court, or before the said justices of the said court respectively, at a day certain by them for that purpose to be appointed, not exceeding one month, and upon the day of such appearance, if any of the creditors so summoned shall neglect or A. D. 1744. Oath to be refuse to appear, upon affidavit of the service of such rule or order in manner aforesaid, the court shall in a summary way examine into the matter of the petition, and hear what shall be alledged for or against the discharge of the petitioner; and upon such examination, the court or the justices thereof may, and are hereby required to administer or tender to the petitioner an oath to the following effect: I, A, B, do solemnly swear in the presence of Almighty God, that the account, by me delivered into taken. this honourable court, with my petition to this court, doth contain a full account of all my real and personal estate, debts, credits, and effects, whatsoever, which I, or any person or persons in trust for me, hath or have, or at the time of my said petition had, or which I am or was in any respect intitled to, in possession, remainder, or reversion, (except the necessary wearing apparel and bedding for me and my family, and the tools and instruments of my trade or calling, and my arms for muster,) and that I have not at any time since my being sued or arrested, or before, directly or indirectly sold, leased, assigned, or otherways disposed of, or ma le over in trus for myself or other ways, other than is mentioned in such account, any part of my lands, estate, goods, stock, money, debts, or other real or personal estate, or before or since the commencement of such process, bought or purchased in any manner whatsoever, any extraordinary cloaths, bedding, tools, or arms for muster, whereby to have or expect any benefit or profit to myself, with intention to defraud any of my creditors to whom I am indebted, so help me God. And in case such petitioner shall take the said oath before the said justices, and thereupon, and upon such examination, the said court or the justices shall be satisfied with the truth thereof, the said court or the jusCourt may tices aforesaid, may, and shall immediately order the lands, goods, and make order effects, contained in the said account, or so much of them as may be suf- thereon. ficient to satisfy the debts wherewith such petitioner as aforesaid shall be charged, and the fees of the keeper of the goal where such petitioner shall be in custody, together with the costs of suit which shall be incurred on the suit or prosecution commenced against such petitioner, by a short indorsement on the back of his or her petition, signed by the petitioner, to be assigned to the said creditors, or one or more of them, in trust for the rest; and by such assignment, the estate, interest, and property of the lands, goods, and effects so assigned, shall be vested in the Assignment in persons to whom such assignment is made, who may take possession of favor of credi or sue for the same, in his, her, or their own name and names, in like manner as assignees in commissions of bankrupts, can or lawfully may do by the laws and statutes of Great Britain; to which suit no release of such petitioner, his or her executors or administrators, or any trustee for him or her, subsequent to such assignment, shall be any bar; and upon such assignment executed, the petitioner shall be immediately discharged by order of court, or of the justices aforesaid, from any suit or suits, commenced or prosecuted by any creditor or creditors, who have been summoned as is hereinbefore directed; and if such petitioner shall be in Petitioner discustody or in prison, such discharge, provided such petitioner shall be charged. only detained for the causes mentioned in such petition, shall be a sufficient warrant for the provost marshal or goaler to discharge such prisoner, and he is hereby required to discharge and set him or her at liberty without fee; nor shall such provost marshal or goaler be liable to any action of escape or suit upon that account; and the person or persons to whom such estate and effects shall be assigned, paying the fees to the provost marshal, or keeper of the prison in whose custody the person discharged was, and the costs of suit, shall, and are hereby required to divide the VOL. III.-81. tors. A. D. 1744. effects so assigned, among themselves, and all persons for whom they shall be intrusted, in proportion to their respective debts. Creditors non resident. II. Provided always, and be it further enacted by the authority aforesaid, That the debtor or debtors so discharged, shall never after be sued, impleaded, or arrested for any debt or debts, or demands, whatsoever, contracted, due, or owing to or with any person or persons at or before the time of preferring the petition of such debtor or debtors, except to such person or persons who shall be at that time without the limits of this Province, and who have no attorneys, factors, managers, or agents, who can be summoned within the time mentioned, in the notice hereby required to be given; provided also, that no person or persons shall be intitled to the benefit of this Act, who shall be sued, arrested, or imprisoned for damages recovered in any action for wilful maihem, or wilful and tious trespass. malicious trespass. Discharge not against may available hem or mali ry not to be discharged. III. And be it further enacted by the authority aforesaid, That if any Petitioners con- such person who shall take such oath, shall, upon any indictment for victed of perju- perjury, on any matter or particular contained in the said oath, be convicted by his or her own confession, or by the verdict of twelve men, the person so convicted shall suffer all the pains and forfeitures which may by law be inflicted on persons convicted of wilful perjury, and shall likewise be liable to be taken on any process de novo, and charged for the same debt or debts, or demands, in the same manner as if he or she had never been discharged, and shall never after have the benefit of this -Act; any thing hereinbefore contained to the contrary notwithstanding. A former Act repealed. Limitation to five years. IV. And whereas, the courts of common law only sit at four stated and appointed times in the year, therefore, for the more speedy relief of poor prisoners, Be it further enacted by the authority aforesaid, That the chief justice and any two of the justices of the court of common pleas in Charlestown, or the major part of the justices of such court, or court from whence the process against such person or persons, claiming the benefit of this Act, shall issue, shall, and hereby are declared to have the same cognizance and power for the relief of poor debtors, in respect of the imprisonment of their persons, in the vacation time, when such court or courts are not sitting; and shall, and are hereby authorized and required to proceed in the same manner, concerning the discharge of such debtors, and shall give the same judgment relating thereto, as any of the said courts of law, or the justices thereof, during the sitting of such courts, may, and are empowered and directed to do by virtue of this Act; any thing hereinbefore contained to the contrary notwithstanding. V. And be it further enacted by the authority aforesaid, That an Act of the General Assembly of this Province, intitled an Act for the relief of poor debtors, passed the twenty-third day of June in the year of our Lord one thousand seven hundred and twenty two, be and is hereby declared repealed, to all intents and purposes, and entirely null and void, and of no force, as if no such Act had ever been made. VI. And be it further enacted by the authority aforesaid, That this Act and every matter and thing therein contained shall continue and be in force for the term of five years from the time of passing thereof, and from thence to the end of the next session of the General Assembly, and no longer; any thing hereinbefore contained to the contrary in any wise notwithstanding. WM. BULL, Jun., Speaker. In the Council Chamber, the 29th day of May, 1744. JAMES GLEN. AN ACT for building a bridge over the North branch of Black River, opposite to the landing of John Wallis, Esq., deceased, in the Parish of Prince George Winyaw, and for building a Bridge between Lady's Island and St. Helena's Island in Granville County, from the causeways already begun to be made over the marshes on the said Islands. (Passed 29th May, 1744. See last volume.) A. D. 1744. No. 718. AN ACT for establishing and confirming a public street from the North No. 719. bounds of Charlestown to the North end of the Bay of the said town, and for building a Bridge over the Marsh at the North end of the said Bay, and assessing the lands and improvements of the several persons therein named, towards defraying the expence of the same. (Passed 29th May, 1744. See last volume.) AN ACT for the further preventing the spreading of contagious or malignant Distempers in this Province. (Passed May 29, 1744. Not now to be found.) No. 720. AN ACT To prevent the further SPREADING OF THE INFECTIOUS DIS No. 721. WHEREAS, it is greatly to be feared that the infectious distemper, which, for some time past, has so violently raged amongst the cattle in Preamble. divers parts of this province, still continues, and that the same, if not timely prevented, will spread and communicate itself through the whole Province; and whereas, it has been found by experience, that all the good endeavours which have heretofore been used for preventing the spreading of this malady, have proved ineffectual, we therefore pray your most sacred Majesty that it may be enacted, I. And be it enacted, by his Excellency, James Glen, Esq., Governor 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 owner or owners of neat cattle within this Province, (excepting only large stocks of cattle at cowpens) Sick cattle to shall, and they and each of them are hereby required, upon his, her, or from the sound be separated their observing or receiving information that any of their cattle are sick, forthwith to separate such sick cattle from those that are well, and the whole of such cattle, if not then confined within a fenced pasture, shall be by such owner or owners immediately drove up from their open range Till otherwise and confined within a good and sufficient inclosure; and the same cattle ordered by a justice of the shall be by them kept so confined and separated, as to prevent as far as peace. may be, the further spreading of the said infection, either amongst their |