A. D. 1750.

No. 776. AN ACT for establishing a Ferry over Santee river, in the parish of St. James, Santee, from the plantation commonly called Courage's plantation, on the north side of the said river, to the place commonly called Jonathan Skrine's, on the south side of the said river, and for vesting the said Ferry in Alexander Dupont, his executors, administrators and assigns, for the term of seven years; and for appointing commissioners of the public road leading from the plantation late of William Watson, deceased, in Christ Church parish, commonly called Hobcaw, to the high road leading to church in the said parish.

(Passed May 31, 1750. See last volume.)

No. 777. AN ACT for the erecting and supporting of a Beacon near the bar and harbour of Charlestown, and for placing buoys on or near the said bar, for the use of ships and other vessels coming to the port of Charlestown.

(Passed May 31, 1750. See last volume.

No. 778. AN ACT for vesting the Ferry over Ashley river in Edmund Bellinger and George Bellinger, Esqs., their executors, administrators and assigns, for seven years, in trust for and to the use and appointment of Mrs. Elizabeth Elliot, wife of Thomas Elliot, Esq. (Passed May 31, 1750. See last volume.)

No. 779. AN Additional ACT TO THE ACTS OF THE GENERAL ASSEMBLY OF THIS PROVINCE CONCERNING INSOLVENT DEBTORS, AND FOR THE CONTINUANCE OF THE SAID ACTS.

Preamble.

WHEREAS, by an Act of the General Assembly of this Province, passed on the twenty-fifth day of May, in the year of our Lord one thousand seven hundred and forty-five, intitled an additional and explanatory Act to an Act of the General Assembly of this Province, intitled an Act for the more effectual relief of insolvent debtors, and for that purpose putting in force and effectually carrying into execution in this Province such part of an Act made in the Parliament of Great Britain in the second year of his present Majesty's reign, intitled an Act for the relief of debtors, with respect to the imprisonment of their persons, as is thereinafter mentioned, it is provided that when any person is sued, impleaded or arrested, for any debt, duty, cause or matter, (except as is therein excepted,) upon such persons assigning over his real estate, goods and effects, to some of his creditora in trust, for the suitors, and for such other of his creditors as shall be willing to receive a dividend of the estate real and personal of such prisoner, and who within a twelvemonth shall make their demands, agreeable to the said Acts, the person so sued and so assigning his estate shall only be

discharged against the demands of such creditors as shall be willing to receive a dividend of the said petitioner's assigned estate, agreeable to the said Acts: And whereas, many creditors of the person so sued and petitioning for his or her discharge, may not be inclined to accept a dividend of such petitioner's estate, but will rather wait in hopes of receiving some fuller satisfaction from the said petitioner's future better fortune; but inasmuch as the said creditors, by note, book account or contract, who through indulgence or better expectation may delay their suits against such petitioners, may become barred by the Act of limitations of this Province; we therefore pray his most sacred Majesty that it may be enacted,

A.D. 1750.

Limitations.

I. And it is hereby accordingly 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 Commons House of Assembly of the said Province, and by the authority of the same, That Insolvents may from and after the passing of this Act, any person or persons whatever not afterwards who shall hereafter be in the custody of the provost marshal of this Pro- plead the Act of vince, or of his goal-keeper or deputy, and who shall once petition the justices of this Province for his or her discharge, agreeable to the Acts hereinbefore recited, or any of them, every such person or persons, his or their executors or administrators, shall be incapacitated ever afterwards to plead the Act of limitations of this Province, in bar to any action that may afterwards be brought against him or them by any person or persons that were his or their creditors for any demand or cause of action that existed at the time of the exhibiting the said petition for the discharge of the said person when in custody; and in case the Act of limitations of this Province shall afterwards be pleaded by any such person or persons, the said plea shall be set aside by the court where such action shall be brought, upon motion made by the plaintiff or his attorney in such action, upon producing the petition before exhibited by the defendant for his having the benefit of the Acts hereinbefore recited, for the relief of insolvent debtors.

do not come in

II. And whereas, it may happen that the creditors of such petitioners by note, book account, and contract, may lose the effect of their demand Creditors who for want of evidence, by death of witnesses, miscarriage of books, or may file a perother such causes, Be it therefore enacted by the authority aforesaid, That petuation of whenever any person hereafter in custody shall once petition for his or her testimony. discharge, agreeable to the said recited Acts for the relief of insolvent debtors, the creditor or creditors of such persons, by note, book account or contract, not willing to accept a dividend of such petitioner's estate, in order to perpetuate the testimony of his, her or their demand, may be at liberty to prove the quantum of the said demand or balance due from or against such petitioner at the court where such petitioner applys for his or her discharge; and a minute or certificate thereof shall be entered with the clerk of the said court, of the sum or balance due to such creditor or creditors, which minute or certificate shall thenceforth be good evidence of the sum so certified to be due from the said petitioner, and shall thenceforth be deemed as an account liquidated and stated, and recoverable as such against the said petitioner, his executors or administrators, without further evidence than the certificate of the said clerk of the court, and against which debt or demand, or any action for the same, the said Act of limitations of this Province shall not be a bar nor pleadable; any law, usage or custom to the contrary notwithstanding.

A. D. 1750.

Debtors to

remain in goal till brought up to court discharged.

III. And be it further enacted by the authority aforesaid, That no person or persons, who after the passing of this Act shall be arrested for any debt, duty, cause or matter whatsoever, shall be discharged from the same by virtue of any of the Acts of the General Assembly of this Province, made for the relief of insolvent debtors, unless such person or persons shall actually have remained confined in goal, without bail, from the day of such arrest until the day wherein the court shall determine whether such person or persons is or are entitled to the benefit of the said Acts; any thing in the said Acts contained to the contray in any wise notwithstanding. IV. And be it further enacted by the authority aforesaid, That no perDebtors not to son or persons having once had the benefit of any of the said Acts, made have the bene for the relief of insolvent debtors, shall within three years thereafter be fit of this Act entitled to the same benefit of being discharged from any debt, duty, cause twice in three or matter whatsoever, by them contracted or from them become due, after years. his, her or their first discharge, any thing in the said Acts contained to the contrary notwithstanding; provided always, that the creditor or creditors of such person or persons, shall, during the time of the said person or persons continement, pay six shillings and three pence current money, per diem, to the provost marshal or goaler, for the maintenance and support of such person or persons so debarred from the benefit of the said Acts, if he, she or they shall appear to the court to have no substance of their own liable to the said charge.

They may be

recommitted on

suspicion of fraud.

V. And be it further enacted by the authority aforesaid, That the justices of the court from whence the process issued against any person or persons who shall petition for the benefit of the said recited Acts, or either of them, shall have power, and they are hereby authorized and impowered, at the request of the creditor to re-commit such person or persons to the common goal, there to remain confined for the term of twelve months, in case the said justices shall have any reason to suspect that such person or persons have not rendered a just and true account of his or their real or personal estates, according to the true intent and meaning of the said Acts, any thing in the said Acts to the contrary thereof in any wise notwithstanding; provided, that the creditor requesting such recommitment, shall, during the said term, pay six shillings and three pence per diem, to the provost marshal or goaler, for the subsistence of such person or persons; and in case such creditor shall neglect to pay the same by the space of one week, then the provost marshal or goaler shall immediately discharge such person or persons from his custody.

VI. Provided also, and be it further enacted by the authority aforesaid, That this Act and every matter and clause therein contained, and also the said additional and explanatory Act herein first before mentioned, and also the said Limited to five Act for the more effectual relief of insolvent debtors, as the same is amended and explained by the said explanatory Act and by this present Act, shall continue and be of force for and during the term of five years, and from thence to the end of the then next session of the General Assembly, and no longer.

years.

ANDREW RUTLEDGE, Speaker.

In the Council Chamber, the 31st day of May, 1750.

A. D. 1751.

AN ACT for raising and granting to his Majesty the sum of sixty No. 780. thousand three hundred and fifty-eight pounds fourteen shillings and ten pence one farthing, for defraying the charges of this Government for one year, commencing the twenty-fifth day of March, in the year of our Lord one thousand seven hundred and forty-nine, inclusive, and ending the twenty-fifth day of March, one thousand seven hundred and fifty, exclusive, and for discharging the residue of the debt incurred for the defence of the coasts and protection of the trade of this Province. (Passed 31st May, 1750. Omitted.)

AN ACT for appointing Commissioners to make a new bridge over No. 781. Pon Pon river, near the place where the old bridge stood, and for making causeys leading to the said bridge; and for appointing Commissioners to finish and complete a road already laid out from the Horse-shoe road to Pocatalliguo causeway, in the parish of St. Bartholomew, and to keep the said road in repair; and for appointing Commissioners to cut a Creek from Ashepoo river to Pon Pon river, at the upper end of the Goose marsh, between the said rivers; and also to cut another Creek through the marsh between Chehaw and Ashepoo rivers.

(Passed the 24th day of April, 1751. See last volume.)

AN ACT for establishing a ferry from the plantation of Col. Samuel No. 782. Prioleau, called Patterson's Point, on Port Royal Island, to the land late of Thomas Innes, deceased, on the Indian land, and for vesting the said ferry in the said Col. Samuel Prioleau, his executors, administrators and assigns, for the term of ten years; and for establishing one other ferry from the said land, late of the said Thomas Innes, deceased, to the said plantation of the said Col. Saml. Prioleau, and for vesting the same in John Greene, his executors, administrators and assigns, for the like term.

AN ACT TO APPOINT AND

ESTABLISH NEW LISTS OF JURYMEN, TO BE No. 783. DRAWN BY BALLOT IN THIS PROVINCE, AND TO IMPOWER THE COURTS OF LAW TO DRAW JURORS IN CASES THEREIN MENTIONED.

WHEREAS, no lists of jurymen to serve as jurors at the several courts of record by law established in this Province, have been appointed since the twenty-ninth day of May, in the year of our Lord one Preamble. thousand seven hundred and forty-four, whereby the numbers now remaining on the jury lists are become too small for the public service; we therefore humbly pray his most sacred Majesty that it may be enacted,

I. And be it enacted, by his Excellency James Glen, Esq. Captain General and Governor-in-chief, in and over his Majesty's Province of South

A. D. 1751. Carolina, by and with the advice and consent of his Majesty's Honourable

Jurymen named in the

summoned,

when drawn as

Council and the Assembly of this Province, and by the authority of the same, That the several persons whose names are in the several lists or schedules hereunto annexed, (and no other person or persons whatsoever) shall be drawn by ballot, impanelled, summoned and obliged to serve as jurymen at the several courts of record by law established in this Province, and in such manner and form as by the laws of this Province is directed and prescribed, that is to say, that the several persons whose names are inserted in the first schedule or list hereunto schedule and annexed, intitled a list of grand jurymen, shall be drawn by ballot, no others, to be impannelled, summoned and obliged to serve on all grand jurys at the court of general sessions of the peace, oyer and terminer, assize and grand jurymen. general goal delivery, to be holden in Charlestown; and the several persons whose names are inserted in the second schedule or list hereunto annexed, intitled a list of petit jurymen, shall be drawn by ballot, impanelled, summoned and obliged to serve on all jurys and inquests whatsoever, at any of the courts of record that shall 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, intitled a list of special jurymen, being inhabitants of the parish of St. Philip, Charlestown, shall be drawn by ballot, impanelled, summoned and obliged to serve on all jurys and inquests at courts of the general sessions of the peace, oyer and terminer, assize and general goal delivery, and courts of common pleas, and all forcible entrys, and at all special courts for transient persons, and at no other courts whatever, hereafter to be holden in this Province; any law, usage or custom to the contrary thereof in any wise notwithstanding.

Same process as to petit jurymen.

Special jurymen.

persons former

be taken out

II. And be it further enacted by the authority aforesaid, That the chief The names of justice, public treasurer and coroner of Berkley county, shall within ten ly appointed to days next after the passing of this Act, take out of the jury box and burn or otherwise destroy the pieces of parchment or paper whereon and destroyed. the names of the persons formerly appointed by law to serve as jurymen are written, and shall within the time aforesaid cause to be written on Names of perother small pieces of parchment or paper, of an equal size and bigness, sons now to be the names of the persons hereby appointed to serve as jurymen, with appointed to be the parish in which each person doth live and reside, and having first written on pa- diligently compared them with the lists or schedules hereunto annexed, per or parchment with their shall cause them to be put in the same or some other box or chest, to be place of residence.

Manner of

proceeding to draw jurors.

prepared for that purpose, with six divisions made therein, and the number of each division marked upon the cover of the same, observing the method following, that is to say, the names of all the persons mentioned in the schedule or list hereunto annexed, intitled a list of grand jurymen, shall be put into the division of the said box numbered one; and the names of all the persons mentioned in the schedule or list hereunto annexed, intitled a list of petit jurymen, shall be put into the division of the said box numbered three; and the names of all the persons mentioned in the schedule or list hereunto annexed, intitled a list of special jurymen, shall be put into the division of the said box numbered five.

III. And be it further enacted by the authority aforesaid, That the persons hereby appointed to serve on jurys, shall be drawn according to As by Act of the method prescribed by an Act of the General Assembly of this Pro20th Aug. 1731. vince, passed the twentieth day of August in the year of our Lord one thousand seven hundred and thirty-one, intitled an Act confirming and establishing the antient and approved method of drawing jurys by ballot in this Province, and for the administration of justice in criminal causes,