may be remedied in such manner as hath been done heretofore in cases of the like nature; we therefore humbly pray his most sacred Majesty that it may be enacted, A. D. 1746. I. And be it enacted, by his Excellency James Glen, Esquire, 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 Council and the Commons House of Assembly of this Province, and by the authority of the same, That from and after the passing of this Act, St. Peter's the township of Purrysburgh and all that part of St. Helen's parish parish instituwhich lies to the westward of a division line to be run due north from ted. the bridge near the head of the main branch of Day's creek until it meets King creek, shall be set apart, held, deemed, and taken, and the said township, together with the said other lands so as aforesaid situate, are hereby declared to be set apart, held, deemed, and taken to be a separate and distinct parish, by the name of the parish of St. Peter, and shall have and enjoy all the rights, privileges, and immunities which any parish in this Province doth, or ought to have, hold, or enjoy by any law, custom, or usage whatever, except as in the proviso hereafter is provided. Mr. Chiffelle to II. And be it further enacted by the authority aforesaid, That the church or chapel, and the dwelling house at Purrysburgh, wherein the The church Rev. Mr. Chiffelle hath preached and dwelt for some years past, shall and chapel of be deemed and taken, and they are hereby declared to be the parish belong to St. church and parsonage house of the said parish of St. Peter, to all intents Peters. and purposes whatsoever; and that the rector or minister of the said parish of St. Peter shall be elected and chosen as the rectors or ministers of the other parishes in this Province are chosen and elected, according to the directions of an Act of the General Assembly of this Province, intitled an Act for the establishment of religious worship in this Province, according to the church of England, and for the erecting of churches for the public worship of God, and also for the maintainance of ministers, and the building convenient houses for them, passed the thirtieth day of November, in the year of our Lord one thousand seven hundred Act of Nov. 30, and six; and there shall be yearly paid unto such minister or rector, and 1706, referred his lawful successors forever, the sum of one hundred pounds proclamation money, in the same manner as the ministers or rectors of the other parishes in this Province are paid; and the public receiver for the time being is hereby authorised and required to pay the same, under the same limitations as are appointed by any laws of this Province for the payment of the salarys of the clergy. to. III. Provided always, and be it further enacted by the authority aforesaid, That the said parish of St. Peter shall be represented in the Commons St. Peters to House of Assembly only by one member, to be elected according to the send one memdirections of the Acts of the General Assembly in that case made and provided; any law, usage, or custom to the contrary notwithstanding. HENRY MIDDLETON, Speaker. In the Council Chamber, the 17th day of February, 1746. Assented to: JAMES GLEN. ber. A. D. 1746. No. 737. AN ACT TO REVIVE AND CONTINUE THE SEVERAL ACTS THEREIN MENTIONED, AND TO REPEAL THAT PART OF AN ACT WHICH GIVES A BOUNTY UPON INDIGO, INTITLED AN ACT FOR THE FURther improvemENT AND ENCOURAGING THE PRODUCE OF SILK AND OTHER MANUFACTURES IN THIS PROVINCE, AND TO REPEAL AN ACT OF THE GENERAL ASSEMBLY INTITLED An Act to encourage the making of Hemp, passed the twenty-third day of February one thousand seven hundred twenty and three, and for repealing such part of an Act of the General Assembly, intitled an Act for the better regulating the Port and Harbor of Charlestown, and the shipping frequenting the same, as is therein mentioned. WHEREAS, several wholesome and beneficial temporary laws of this Province are expired, or near expiring, we therefore humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by His Excellency James Glen, Esq., 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 one Act of the General Assembly of this Province, intitled an Act concerning masters and apprentices, passed the twenty-eighth day of February in the year of our Lord one thousand seven hundred and forty; one other Act intitled an Act for the better security of this Province against the insurrections and other wicked attempts of negroes and other slaves, passed the seventh day of May in the year of our Lord one thousand seven hundred and forty-three; one other Act intitled an additional and explanatory Act to an Act intitled an Act to impower the several commissioners of the high roads, private paths, bridges, creeks, causeys, and cleansing of water passages in this Province of South Carolina, to alter and lay out the same for the more direct and better convenience of the inhabitants thereof, passed the third day of July in the year of our Lord one thousand seven hundred and forty-one; one other Act intitled an Act for the better strengthening of this Province, by granting to his Majesty certain taxes and impositions on the purchasers of negroes imported, and for appropriating the same to the uses therein mentioned, and for granting to his Majesty a duty and imposition on liquors and other goods and merchandizes, for the use of the public of this Province, passed the fifth day of April in the year of our Lord one thousand seven hundred and forty; and one other Act intitled an Act to enable George Pawley, Daniel Laroche, and William Whiteside, Esqrs., Commissioners appointed for building a parish church and parsonage house in Georgetown, to carry on and complete the same, and for repealing part of an Act intitled an Act to repeal an Act for appointing a chapel at Echaw in the parish of St. James Santee in Craven county, and for erecting two other chapels in the same parish, and to provide that the rector for the time being of the said parish do preach and perform divine service in the English tongue, passed the eighth day of March in the year of our Lord one thousand seven hundred and forty-one-be, and are hereby declared to be revived, continued, and enacted to be of full force and virtue, for and during and unto the full end and term of five years, from and after the passing of this Act, and from thence to the end of the then next session of the General Assembly, and no longer. II. And whereas, by an Act intitled an Act for the further improvement A. D. 1746. and encouraging the produce of silk and other manufactures in this Province, and to repeal an Act of the General Assembly intitled an Act to encourage the making of hemp, passed the twenty-third day of February one thousand seven hundred twenty and three, and for repealing such part of an Act of the General Assembly intitled an Act for the better regulating the port and harbor of Charlestown, and the shipping frequenting the same as is therein mentioned-a bounty hath been given in order to encourage persons to make indigo; and it having been found by experience the last year that the making of indigo in this Province is not only practicable, but so profitable that in all probability great quantitys thereof will be made this year, which will occasion a very large tax to defray the expence of the said bounty, and would fall very heavy and unequal upon those persons who have no opportunity of making indigo; Be it therefore enacted by the authority aforesaid, That all and every clause, article, matter and thing contained in the last abovementioned Act, which relates only to the bounty or encouragement given for the making of Indigo, be, and is hereby declared to be, repealed and nulled and void to all intents and purposes whatever. WM. BULL, Jun., Speaker. In the Council Chamber, the 16th day of April, 1746. Assented to: JAMES GLEN. AN ACT FOR STAMPING, EMITTING, AND MAKING CURRENT THE SUM OF TWO FEITED. No. 738. FORASMUCH as it is absolutely necessary that in all countrys and places wherein is carried on any considerable trade and commerce, there should be a sufficient currency or medium of trade therein, for the bet- Preamble. ter negotiating thereof; and whereas, through the great want of other currency, it has been found necessary for many years past to stamp and emit paper bills of credit in this Province for the better support of the government, as well as for a medium of trade therein, and for carrying on the commerce thereof, and which by long experience have been found to answer the ends aforesaid; and whereas, the trade of this Province hath for many years last past, greatly increased, insomuch that the sum in paper bills of credit, which some years ago was sufficient to answer all the exigencies and demands in trade, is now altogether insufficient for that purpose, by reason whereof, and the extreme scarcity of money, the trade of this Province becomes greatly obstructed, the affairs of the government very much hindered, and the payment of debts retarded, and in great measure rendered impracticable; for remedy whereof, and for the better support of the government, that a medium in commerce may be by A. D. 1746. law established in this Province, and made current by being put on a sure, equitable and lasting foundation, we humbly pray your most sacred Majesty that it may be enacted, To be issued I. And be it enacted, by his Excellency James Glen, Esquire, 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 Commons House of Assembly of this Province, and by the authority of the same, That from and immediately after the £210,000 in pa- confirmation or approbation of this Act by his most sacred Majesty, there per, equal to shall be imprinted, stamped, sigued and issued by the commissioners in £30,000sterling at 7 for 1; from this Act nominated and appointed, the sum of two hundred and ten thou2s 6d. to £20. sand pounds, in paper bills of credit in this Province, which is about equal to the sum of thirty thousand pounds sterling money of Great Britain, and which said bills shall bear the denominations from two shillings and six pence bills to twenty pound bills, inclusive, and not bear either a higher or lower denomination; and when the said sum of two hundred and ten thousand pounds in paper bills of credit shall be imprinted, stamped, signed and issued, according to the directions of this Act, the same shall be, and they are hereby declared and enacted to be, to all intents, constructions and purposes whatsoever, the lawful and current money of this Province of South Carolina, and as such shall be taken, paid and received in all payments whatsoever, in discharge of all and all manner of debts whatsoever, due or hereafter to be due, owing or payable in this Province; any law, statute, usage or custom to the contrary in any wise notwithstanding. Made current money. II. And the better to prevent the counterfeiting the said bills, Be it further enacted by the authority aforesaid, That the said bills shall be indented, and shall be stamped or otherwise marked with such stamps, marks and devices as the Governor or Commander-in-chief of this Province for the time being shall direct, appoint or approve, and shall be signed and numbered by the said commissioners, and shall be of the tenor following, that is to say: "South Carolina Νο. Twenty Shillings. "This indented Bill of Credit, due from his Majesty's Province of Form of the bill. South Carolina, shall pass current in all payments to the public treasurer and all others for Twenty Shillings lawful money of South Carolina, according to law. In the year of our Lord one thousand seven hundred and, and in the , and in the year of his Majesty's reign." General Loan Office. And so, mutatis mutandis, for a greater or lesser sum. III. And be it further enacted by the authority aforesaid, That the said Trustees of the commissioners shall be also trustees for lending out the said bills of credit, or silver or gold, and taking and receiving all securitys for the bills, or silver or gold, so lent, for the uses and according to the directions of this Act, hereinafter mentioned, limited and appointed concerning the same, and shall be styled, called and named the Trustees of the General Loan Office of the Province of South Carolina, and by that name shall be a corporate body, and shall have succession, during the continuance of this Act, and by the same name shall be able and capable in law to receive, take, hold, enjoy and retain, to them and their successors in the said trust, all such lands, tenements, rents and hereditaments as shall be granted to them in mortgage, for securing the repayment of such sums of money as they shall from time to time lend and issue in the said bills of credit, or silver or gold; and also to sell, grant, alien and dispose of the same in default of payment, as in and by this Act is provided and directed in those cases; and by the same name to sue and implead, be sued and impleaded, answer May hold land on mortgage, and alien and sell land. A. D. 1746. and be answered unto, in all cases relating to the said trust, in all courts and other places whatsoever; and by the name aforesaid to do and execute all other matters and things that to them shall or may appertain to do and perform pursuant to this Act, subject to the provisoes, restrictions and limitations herein expressed. And for the better and more due performance of the said trust, the said trustees shall, before they enter on the execution To take an of their said office, take the following oath before the Governour or oath. Commander-in-chief of this Province for the time being, to wit: "I, A B, do solemnly and sincerely swear that I will, according to the best of my skill and knowledge, faithfully, impartially and truly demean myself in discharge of the trust committed to me in and by the Act of the General Assembly of this Province for stamping, emitting and making current the sum of two hundred and ten thousand pounds in paper bills of credit, according to the purport and tenor of the said Act. So help me God." IV. And be it further enacted by the authority aforesaid, That the said trustees, when the bills of credit hereby directed to be stamped and issued May exchange the present for are finished, shall exchange one hundred thousand pounds in the said bills former bills of for the present paper bills, that all the bills of credit of this Province may, credit. as soon as conveniently they can, be brought and put upon one and the same foundation; and the remaining sum of one hundred and ten thousand pounds in the bills of credit to be imprinted, signed and stamped by virtue of May lend at 8 this Act, the said trustees shall lend out at interest, at the rate of 8 per cent. rest not more per annum, to such of the inhabitants of this Province as shall be desirous than £1000, nor less than to take up the same, on giving land or other sufficient security to the said £100, on trustees, in manner hereafter directed: Provided always, that no greater mortgage. sum than one thousand pounds in the said bills of credit, nor less than one hundred pounds, shall be lent to any one person. per cent. inte V. And for the better supporting and maintaining the credit of the said bills, Be it further enacted by the authority aforesaid, That the said trustees, before they accept or take any lands, houses, tenements or hereditaments in mortgage for any of the said bills, silver or gold, shall inform themselves of the real value of the said lands, houses, tenements and hereditaments, and also of the title thereto, so as to be satisfied that the persons offering the Nor more than same in mortgage have a good and perfect estate in fee simple therein, half the value of the security freed and discharged from all incumbrance; and the sum in the said bills, offered. silver or gold, which the said trustees shall lend as aforesaid on such mortgage, shall not be more than one half the value of the premises mortgaged; which said mortgage, when the same is duly executed in the presence of two credible witnesses, and acknowledged before and attested by any one of his Majesty's justices of the peace, shall be registered or recorded in the public register's office in this Province; any law or usage to the contrary in any wise notwithstanding. Mortgage deeds to be in a concise form. VI. And be it further enacted by the authority aforesaid, That to prevent, as much as may be, charge and expence to the borrowers of the said bills of credit, silver or gold, to be lent out by virtue of this Act, the said deeds of mortgage shall be drawn and made in a short, concise and substantial form, and when the same or any of them are executed and acknowledged or proved, as by this Act is directed, shall transfer the said houses, lands, tenements and hereditaments thereby granted to the said trustees, and vest the inheritance thereof in them and their successors, trustees for the time being, as fully and effectually as any deeds of feoffment with livery and seizen, or deeds enrolled in any of his Majesty's Effect of the courts at Westminster, may or can do, subject, nevertheless, to be vacated words Grant, Bargain and according to the provisoes or agreements therein expressed; in all which Sell. deeds of mortgage, the words "grant, bargain and sell," shall amount to VOL. III.-85. |