shall cause such pitch to be so cut open, (that is to say) if such pitch or rosin shall not be condemned as fraudulent by the person or persons impowered by this Act to view and judge the same, that then the person who caused the said pitch or rosin to be so cut open and examined, shall take to himself every such barrel so cut open, and which shall not be condemned as aforesaid, and shall pay to the owner or person offering the same to sale, the current sum or price which good pitch or rosin shall then be at, at that port or place, any thing hereinbefore contained to the contrary notwithstanding. A. D. 1746. fall on the Overseer. IX. And forasmuch as the overseers and managers of rice plantations, and pitch and rosin works, in the absence or without the privity of their In what cases masters or employers, are often guilty of great abuses in the packing and the loss shall mixing of rice, and filling pitch and rosin, to be sent to market, to the great injury of the buyers as well as discredit of their employers, Be it therefore enacted by the authority aforesaid, That whenever any rice, pitch or rosin, shall be sent from any plantation, under the care or management of an overseer or manager, and where the employer does not then live, nor shall happen to be present, if such rice, pitch or rosin, shall by virtue of this Act be forfeited, on account of any unfair or fraudulent mixture, the loss of the rice, pitch or rosin so forfeited, shall fall upon the overseer or manager of that plantation where the same was packed or filled, and the master or owner of the said plantation shall have power to deduct the value of the rice, pitch or rosin so forfeited, out of the wages, share or stipend of such overseer or manager, or recover the same by legal process if he shall think proper, unless such overseer or manager shall make it appear by the evidence of some white person, that to the best of his the said white person's opinion and belief, the barrels which contained the same were well headed and nailed or pegged in his presence, and that he saw the rice, pitch or rosin, fairly packed and filled in the same. &c. not brand X. And be it further enacted by the authority aforesaid, That no merchant, factor, trader or other person, shall ship for exportation, on board Penalty on any ship or vessel, any beef or pork for a foreign market, before the same shipping casks, be packed by the public packer of that port or place where the same is ed. intended to be shipped, and by the said packer marked or branded, on pain of every such person's forfeiting the sum of twenty shillings current money, for every such cask or barrel. Oath to be XI. And be it further enacted by the authority aforesaid, That the packers of the several ports of this Province, shall severally and respectively be nominated and chosen yearly, at the time of choosing parish taken by the officers, by the freeholders of the respective parishes where such port is packers. situate, who before they enter into the execution of their offices severally and respectively, shall take the following oath, before some neighboring justice of the peace for that county: I, A B, do solemnly and sincerely swear, that I will faithfully and impartially execute the business and duty of a packer in the town and port of -, without favor or prejudice to any person or party whatsoever, according to the best of my skill and judgement, and with the greatest expedition, so help me God. Provided always, that there shall be six packers for the port of Charlestown, and two for each of the other ports, and no more. Number of XII. And be it further enacted by the authority aforesaid, That the public packers of the several ports of this Province, shall receive for their trouble, from the seller or owner of any tar, the sum of one shilling for packers and each barrel, and no more, for packing and marking the same with a hot fees. iron; and for every barrel of turpentine, six pence; which he or they shall VOL. III.-87. A. D. 1746. mark or brand; and the sum of two shillings and six pence for every barrel of beef or pork which he or they shall pack and mark as aforesaid. Size of pipe staves, &c. Dimensions of fire-wood. Wood mea surers to be chosen. Oath to be taken. XIII. And be it further enacted by the authority aforesaid, That all staves to be made for exportation, and all shingles, which after the said twenty-fourth day of August aforesaid, shall be offered to sale in this Province, shall be made of good and sound timber, and shall be of the following dimensions, to wit: Each pipe stave to be made of white oak, fiftyeight inches long, and not less than three quarters of an inch thick at the thin edge, and three inches broad, clear of sap; each hogshead stave to be made of red or white oak, forty-two inches long, not to be less than three quarters of an inch thick at the thin edge, and four inches broad, clear of sap; and each barrel stave, of red or white oak, to be thirty inches long, not to be less than half an inch thick at the thin edge, and four inches broad, clear of sap; and each shingle to be twenty-two inches in length, and not less than half an inch thick at the thick end, and well shaved, so as not to be winding, and not less than three inches and an half broad, clear of sap; and in case there shall be any dispute between the buyer and seller of any staves or shingles, concerning the merchantableness of them, the same shall be determined by the packers of the port or place in which such dispute may happen. XIV. And be it further enacted by the authority aforesaid, That after the said twenty-fourth day of August, all firewood which shall be landed. for sale, on any bridge, wharf or other landing place in Charlestown, shall consist of four feet in length, and every cord shall be fairly and closely corded up before the same is sold or carried from the said bridge, wharf or landing place, eight feet in length and four feet in height, and so in proportion for every half cord; and in case of any deficiency in the length of any wood so directed to be corded up as aforesaid, such deficiency shall be made up by a proportionable height of the said cord, according to the directions of the wood measurer, hereinafter required to be appointed; and in case any person shall presume to sell and carry off any firewood in Charlestown, before the same is corded up and viewed, and approved of by the wood measurer for the time being, unless it be by the consent and desire of the buyers, every such person shall forfeit the full price of the said wood to the use of the work house in Charlestown, to be recovered as is provided by the Act for the tryal of small and mean causes. XV. And be it further enacted by the authority aforesaid, That there be yearly and every year chosen in manner aforesaid, four reputable persons, being freeholders residing in Charlestown, to be wood measurers in the said town for the ensuing year; and the said wood measurers for their trouble in viewing and measuring each cord of wood landed and sold in the said town, shall be paid by the seller the sum of six pence currency for each cord so landed and sold. XVI. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, every person who shall be employed in the weighing rice, pitch, turpentine, beef, pork or any other merchandise at any public scales in Charlestown, or any other port in this Province, shall before he take upon him to do the same, take the following oath before any of his Majesty's justices of the peace, who are hereby impowered and required to administer the same, viz: I, A B, do swear, that I will faithfully, equally and impartially weigh all rice, pitch, turpentine, beef, pork or other merchandize that shall be weighed by me, so help me God. And any person weighing any rice or other merchandize whatever, who cannot or shall refuse to produce a certificate of his having taken the said oath, being thereto required by the owner or person who offers such merchandize to be weighed, shall forfeit and pay the sum of four pounds A. D. 1746. proclamation money, to be recovered according to the Act for the tryal of small and mean causes, to be paid to and for the use of the informer; provided such information be made within six days after the offence is committed. XVII. And be it further enacted by the authority aforesaid, That the commissioners of the market in Charlestown, for the time being, or any Commissioners two of them, shall be and they are hereby impowered and required, once to examine the public scales in every year, to visit the several public scales in Charlestown, and to try yearly. every of the weights made use of at any such public scales, by the atandard weights lodged in the treasury of this Province: And in case the said commissioners shall find any false weight made use of at any such public scales, the proprietor of such public scales where such false weight shall be made use of, shall forfeit the sum of four pounds proclamation Penalty. money, to be recovered by a warrant from any justice of the peace, in the same manner as is directed by the Act for the tryal of small and mean causes, and be applied to the use of the poor of the parish of St. Philips, Charlestown. may be pleaded XVIII. And be it further enacted by the authority aforesaid, That if any person shall be sued or prosecuted for any matter or thing done in General issue execution of this Act, such person may plead the general issue, and give this Act and the special matter in evidence. three years. XIX. And be it further enacted by the authority aforesaid, That this Act and every matter and thing herein contained, shall continue and be of Limitation force for the term of three years, and from thence to the end of the next session of the General Assembly. WM. BULL, Jun., Speaker. In the Council Chamber, the 17th day of June, 1746. Assented to: JAMES GLEN. AN ACT to impower his Excellency the Governor, or the Comman- No. 745. der-in-chief of this Province, for the time being, and a majority of the members of his Majesty's honorable Council, who shall be in this Province, to hold a Court of Chancery for repealing the first and ninth paragraphs of an Act of the General Assembly of this Province, entitled an Act for establishing a Court of Chancery in this his Majesty's Province of South Carolina, and for the preventing the discontinance of process and the abatements of suits in the Courts of Justice. (Passed 17th February, 1746-7. See last volume. A. D. 1747. No. 746. AN Additional ACT TO AN ACT OF THE GENERAL ASSEMBEY OF THIS Preamble. PROVINCE ENTITLED An Act for enlarging the qualifications of the Electors as well as of the Persons to be elected to serve as Members of the General Assembly of this Province. WHEREAS, the dissolution of General Assemblys at the end of one year from the date of the respective writs by which they were called, as is directed in and by an Act passed the twenty-fifth day of May, in the year of our Lord one thousand seven hundred and forty-five, entitled an Act for enlarging the qualifications of the electors as well as of the persons to be elected to serve as members of the General Assembly of this Province, hath been found very inconvenient; we therefore humbly pray your most sacred Majesty that it may be enacted, 1. And be it enacted, by his Excellency James Glen, Esquire, Governor in chief and Captain General in and over the Province of South Carolina, by and with the advice and consent of his Majesty's honorable Council Section 5 of act and the Commons House of Assembly of the said Province, and by the of May 25,1745, authority of the same, That from and immediately after the end of this repealed after session of the present General Assembly, the fifth clause or paragraph of one year. the said Act, which directs that every Assembly shall determine and be dissolved in one year next after the date of the respective writs by which they were called, be and is hereby declared repealed, to all intents and purposes, and entirely null, void and of no force, as if the same had never been made or inserted in the said Act. The General Assembly to continue but II. And be it further enacted by the authority aforesaid, That every General Assembly hereafter called by virtue of any writs of election shall determine and be dissolved every two years next after the date of the two years after respective writs by which they were called, unless sooner dissolved by the the date of the Governor or Commander-in-chief for the time being; any law, usage or custom to the contrary thereof in any wise notwithstanding. w rits III. And whereas, there are many Protestant dissenters in this Province of good estates and sufficient abilitys to serve as members of the Persons scru- Commons House of Assembly, who, out of conscientiousness, (for that pulous of taking an oath may be they scruple to take an oath by laying the hand upon the holy evangelists) elected and sit have refused to qualify themselves as members of the said House, whereon making by the publick hath been deprived of their service; and whereas, the affirmation. Legislature of this Province, in tender regard to scrupulous consciences, have at divers times passed several Acts granting toleratiou and indulgence to such Protestant dissenters, (in every respect save qualifying themselves as members of the General Assembly) by permitting them to make a solemn and conscientious declaration and affirmation, according to the form of their profession, instead of taking an oath by laying the hand upon the holy evangelists, which toleration and indulgence hath been of great ease and advantage to the other inhabitants of this Province, inasmuch as such Protestant dissenters have in their tuin done the burthensome service of jurymen, and also borne and executed all other unprofitable and expensive offices for the public service, in common with the other inhabitants; Be it therefore further enacted by the authority aforesaid, That every person who shall hereafter be returned duly elected as a member to serve in the General Assembly of this Province, (being qualified as by the said Act is provided) and who shall scruple to take an oath by laying the hand upon the holy evangelists, shall (instead thereof) be permitted to qualify him self as a member for the parish or place for which he shall be returned, A. D. 1747. by taking the usual oaths, according to the form of his profession, and making and subscribing the declaration appointed by several Acts of Terms and Parliament of Great Britain; any thing in the said recired Act or any mode mode of qualifiother Act contained to the contrary thereof in any wise notwithstanding. And in case any person shall, wittingly, falsely and corruptly affirm and Penalty of perdeclare himself duly qualified to be chosen and serve as a member of the jury on false affirmation. General Assembly, according to the true intent and meaning of the said recited Act, being thereof lawfully convicted, he shall incur the same penaltys, forfeitures and disabilitys as persons convicted of wilful perjury do incur by the laws of Great Britain. WM. BULL, Jun., Speaker. Assented to: JAMES GLEN. In the Council Chamber, the 12th day of March, 1747. AN ORDINANCE FOR APPOINTING MAJOR WILLIAM PINCKNEY WHEREAS, Childermas Croft, late Commissioner of the Indian Trade, hath, by his memorial to the General Assembly, prayed leave to resign the said office and it is necessary that some fit person should be appointed in his room, I. Be it therefore ordained, 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 concurrence of his Majesty's honorable Council and the Commons House of Assembly of this Province, and by the authority of the same, That Major William Pinckney be, and he shall and is hereby ordained and declared to be, Commissioner for regulating the Indian Trade, to all intents, constructions and purposes whatsoever, and shall have, receive and take, to his own proper use and behoof, all the fees, perquisites and salaries to the said office in any wise belonging or appertaining. In the Upper House of Assembly, the 11th day of June, 1747. By order of the House. WM. BULL, President. In the Commons House of Assembly, the 11th day of June, 1747. HENRY MIDDLETON, Speaker. June 11, 1747. Assented to: JAMES GLEN. No. 747. AN ACT for the better regulating the Militia of this Province, and for repealing an Act entitled an Act for the further security and better defence of this Province. No. 748. (Passed June 13, 1747. See last volume.) |