A. D. 1751. shall be drawn out of the jury box at any time within twelve months

Creditor suing

to be liable to the provost marshal for fees

of maintenance, to be repaid by the assignees.

after such assignment of his estate or petitioning the court as aforesaid, to serve as a juror at the court of general sessions of the peace, oyer and terminer, assize and general goal delivery, or as a juror to serve at the court of common pleas in this Province, it shall and may be lawful to and for the chief justice, public treasurer and coroner of Berkley county, to set such person aside, and to draw another person to be impannelled and serve in the room of such person who shall have assigned his estate, or such person who shall have petitioned as aforesaid; any law, usage or custom to the contrary thereof in any wise notwithstanding.

IX. Whereas, all persons who take the benefit of the several Acts for relief of insolvent debtors, are by law immediately to be discharged, and many of them have not wherewithal to pay their fees, in which case the provost marshall is left without any remedy, and no provision is made to oblige the creditor at whose suit such poor debtor is arrested either to maintain him himself or to pay the marshal for so doing, for remedy whereof, Be it further enacted by the authority aforesaid, That the creditor or creditors at whose suit any person shall be arrested and imprisoned, who shall be admitted to the benefit of the said Acts, shall be and they are hereby made liable for and chargeable with the fees due to the provost marshal on account of the arrest and imprisonment of such person, and that it shall and may be lawful to and for the trustees or assignees of such insolvent debtor, and they are hereby directed and required, out of the monies they shall receive on account of such assignment, to reimburse and repay such creditor or creditors such sum or sums of money which he or they shall so advance, agreeable to the direction of this Act; any thing in any former Act or Acts contained, to the contrary thereof in any wise notwithstanding.

X. And be it further enacted by the authority aforesaid, That this Act Limitation four shall continue and be of force for and during the term of four years, and from thence to the end of the next session of the General Assembly, and no longer.

years.

ANDREW RUTLEDGE, Speaker.

Assented to: JAMES GLEN.

In the Council Chamber, the 4th day of May, 1751.

No. 786.

AN ACT to restrain and prevent the too frequent sales of Goods and Wares and Merchandize by public auction or outcry in Charlestown, and for the better regulation of such sales.

(Passed May 4th, 1751. See last volume.)

No. 787. AN Additional and Explanatory ACT to an Act of the General Assembly of this Province, entitled an Act for keeping the streets in Charlestown clean, and for establishing such other regulations for the security, health and convenience of the inhabitants of the said town as are therein mentioned, and for establishing a new Market in the said town.

(Passed May 4th, 1751. Sez last volume.)

A. D. 1751.

AN ACT for amending an Act entitled an additional and explanatory No. 788. Act to an Act entitled 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 May 17th, 1751. See last volume.)

AN ACT FOR THE BETTER RESTRAINING SEAMEN FROM ABSENTING FROM No. 789.

THEIR SERVICE, and for encouraging the APPREHENDING AND SECURING

OF FUGITIVE SEAMEN, AND TO DISCOURAGE FRIVOLOUS AND VEXATIOUS

ACTIONS AT LAW BEING

BROUGHT BY SEAMEN AGAINST MASTERS AND

COMMANDERS OF SHIPS AND OTHER VESSELS.

WHEREAS, the laws of this Province now in being for restraining. mariners and seamen from running into debt, and for preventing their desertion, by reason of the encouragement which such mariners and seamen meet with from victuallers and others keeping tippling houses, have hitherto proved ineffectual for those good purposes, to the manifest detriment of the trade of this Province; we therefore humbly pray your most sacred Majesty that it may be enacted,

Preamble.

more than one

10s value.

I. And be it enacted, by his Excellency James Glen, Esq., Governor-inchief and Captain General in and over this Province of South Carolina, by and with the advice and consent of his Majesty's honorable Council and the House of Assembly of this Province, and by the authority of the same, No tavern That it shall not be lawful to or for any tavern keeper, punch house keeper tualler to harbor keeper or vicor victualler, within this Province, at any time after the expiration of any mariner twenty days from the time of passing this Act, to harbour, entertain or hour, or to furemploy any seaman or mariner, exceeding one hour in four and twenty, nish any vicor to furnish or supply any seaman or mariner with any victuals or strong tuals or strong drink above liquor, above the value of ten shillings current money, without an order or direction in writing for so doing under the hand of the master or commander of the ship or vessel to which such seaman or mariner shall respec- Penalty 40s. tively belong, under pain of forfeiting the sum of forty shillings proclamation money for every such offence, to be recovered and applied as is hereinafter directed; and in case such offender or offenders shall not pay or give sufficient security for the payment of the said forfeiture within ten days after being convicted, he, she and they shall, for the first offence, be ordered by any two justices of the peace, before whom such offender or offenders shall be tried, to be put in the stocks for one hour; and for the second offence shall suffer one month's imprisonment, without bail or mainprize. Provided always, nevertheless, that nothing herein contained Not to extend shall extend or be construed to extend to such seamen or mariners as shall legally disbe legally discharged from any ship or vessel, and who shall produce a charged. certificate thereof, to be obtained in the manner hereinafter directed; any thing herein before to the contrary notwithstanding.

II. And be it further enacted by the authority aforesaid, That every master of a vessel hereafter arriving in this Province shall, under the pen

to mariners

Masters of ves

A. D. 1751. alty of four pounds proclamation money for every neglect, at the time of making his entry with the country controller, deliver to the said controller a list of the names of all the seamen on board his vessel, together with a sels to deliver a particular description of each of them, which shall be registered in a book to list of their sea- be kept for that purpose by the said controller, to the intent that in case any fugitive mariner or seaman shall be apprehended it may be known to what vessel he belongs; and the said controller shall receive as a fee for the same one shilling proclamation money from every such mnster, and the like further sum for every search or copy of such register from any person requiring the same.

men, with a

description.

III. And be it further enacted by the authority aforesaid, That every Masters to give master of a vessel in this Province, immediately after the passing of this a certificate of Act shall, under the penalty of four pounds proclamation money for every mariners enti- offence, deliver upon demand to every mariner under his command re

freedom to

tled to one.

Seamen not to be employed

unless they have a certifi

cate.

quiring the same, à certificate in writing, gratis, of the freedom of such mariner, if the time of his service by agreement, contract or otherwise, is expired; and upon refusal, without just cause, any two justices of the peace are hereby impowered and required, upon application to them and due proof, to grant such certificates, which shall be of equal force with certificates given by such masters of vessels; for every of which certificates the said justices shall receive two shillings proclamation money, to be paid by the party found in the wrong, and which the master is hereby impowered to deduct out of the mariner's wages if paid by him on account of the mariner's being found in default.

IV. And be it further enacted by the authority aforesaid, That no master of a ship or other vessel in this Province, after the passing of this Act, shall have, receive or entertain any seaman belonging to any ship or vessel trading within this Province, without such a certificate as aforesaid, under the penalty of ten pounds proclamation money for every such offence, to be recovered and applied as is hereinafter directed.

V. And be it further enacted by the authority aforesaid, That every Seamen deserting may be free white person within this Province shall be and is hereby impowered apprehended. to apprehend and secure any seaman that he shall know to be a deserter, and upon resistance to call to their assistance free persons or white

the vessels to which they

belong or to the goal or work-house

servants.

VI. And be it further enacted by the authority aforesaid, That every Such deserters person apprehending and securing any deserting or fugitive seaman, shall shall be brought bring or cause to be brought such seaman, with all convenient speed, before a justice before the next justice of the peace, to be examined, and if found to be a of peace to be examined, and deserter, or without a certificate of discharge, shall, by order of the said remanded to justice, be sent from constable to constable, who are hereby required to receive and conduct such deserter until he is brought to the vessel to which he belongs, to be delivered to the master of the same, upon payment of the reward and charges by this Act appointed, if such master is known and in this Province, or otherwise to be delivered into the common goal or work house in Charlestown, there to be kept until the master to whom he belongs demands him and pays the said reward and charges; provided, the said master makes his demand within ten days after the commitment of such seaman. And if no such demand is made and reward and charges paid within that time, or in case the vessel to which such seaman did belong shall have departed this Province, then it shall be lawful for the goal keeper or warden of the work house, and they are hereby required, to deliver such seaman to any other master of a vessel requiring him, and paying the said reward and charges, to be deducted out of the wages of such seaman, by the master so paying the same.

Further proceedings in case of deserters.

VII. And be it further enacted by the authority aforesaid, That every A. D. 1751. person apprehending a fugitive seaman, shall receive as a reward for the same, twenty shillings proclamation money, to be paid as by this Act is Reward for before directed; and the charges, fees and mileage payable to the officers, apprehending, 20 shillings. constables and other persons directed, impowered or required to put this Act in execution shall be the same as those limited and ascertained by the following table, (that is to say) to the person carrying any fugitive seaman from the place where apprehended to the justice, three pence per mile proclamation money; to the justice before whom such seaman is Table of fees brought, for examining the matter and order thereon, eighteen pence like money; to the constable per mile from the place where he receives, to the place where he delivers such seaman, besides ferriage and diet, three pence like money; to the goal-keeper or warden of the work house, for receiving such seaman, one shilling and three pence like money, and the like sum for discharging him; for diet per day for each seaman, allowing at least one pound of bread and one pound of flesh, wholesome provisions, one shilling and three pence like money.

VIII. And be it further enacted by the authority aforesaid, That every Ferrymen not person keeping a ferry within this Province who shall wilfully transport to transport seaor suffer to be transported any seaman not having a certificate of discharge men who have as directed by this Act, shall forfeit and pay the sum of four pounds proclamation money for every such offence, to be recovered and applied as is hereinafter directed.

no certificate.

against a mas

till cause of action be ap

IX. And to discourage frivolous and vexatious actions at law being brought by seamen or mariners against masters or commanders of ships or No writ to issue other vessels, Be it enacted by the authority aforesaid, That no writ, war-ter on complaint rant, or other process whatsoever, shall be issued out of any court in this of a seaman, Province against the master or commander of any ship or other vessel, upon the complaint or at the suit of any seaman or mariner, for any act, proved by a matter, cause or thing whatsoever, until the cause of action be first shewn to judge. and approved of by the judge or one of the justices of the court from whence such writ, warrant or other process is to be issued; and in case any attorney, solicitor, proctor or other practitioner in the law, whatever, shall issue any such writ, warrant or other process as aforesaid, without having first shewn cause, and the action approved of as aforesaid, he and they shall be liable to pay all the costs and damages accruing or arising by such action; any former law, usage, practice or custom to the contrary thereof in any wise notwithstanding.

recover fines.

X. And be it further enacted by the authority aforesaid, That all the fines, penaltys and forfeitures imposed or inflicted by this Act shall, if not Proceedings to exceeding the sum of four pounds proclamation money, be recovered, levied and distrained for by warrant from any one justice of the peace of the county where the offence shall be committed, according to the act for the tryal of small and mean causes; and in case such fine, penalty or forfeiture shall exceed the sum of four pounds proclamation money, the same shall and may be recovered by action of debt, bill, plaint or information, in any court of record in this Province, wherein no privilege, protection, essoign or wager of law shall be allowed or admitted, nor any more than one imparlance; and all the said fines, penaltys and forfeitures shall be applied and disposed of, one half to his Majesty, his heirs and successors, to be appropriated by the General Assembly, and the other half to him or them who will inform and sue for the same.

XI. And be it further enacted by the authority aforesaid, That this Act shall be deemed a public Act, and shall be taken notice of without pleadVOL. III.-93.

A. D. 1751. ing the same, before all judges, justices, magistrates and courts within this Province; and shall continue in force for the term of five years from the time of passing this Act, and from thence to the end of the next session of the General Assembly, and no longer.

ANDREW RUTLEDGE, Speaker.

In the Council Chamber, the 17th day of May, 1751.

No. 790.

AN ADDITIONAL AND EXPLANATORY ACT to an Act of the General Assembly of this Province, entitled an Act for the better ordering and governing Negroes and other Slaves in this Province, and for continuing such part of the said Act as is not altered or amended by this present Act, for the term therein mentioned.

(Passed May 17, 1751. See last volume.)

No. 791. AN ACT to incorporate the Society commonly called and known by the name of the South Carolina Society.

(Passed May 17, 1751. See last volume.)

No. 792. AN ACT for raising and granting to his Majesty the sum of thirty-nine thousand four hundred and forty-one pounds and one farthing, and for applying the sum of six thousand six hundred and eighty-nine pounds twelve shillings and one penny, being the balance of several funds in the public treasury of this Province, making together the sum of fortysix thousand one hundred and thirty pounds twelve shillings one penny 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 fifty, inclusive, and ending the twenty-fifth day of March, one thousand seven hundred and fifty-one, exclusive.

(Passed May 17, 1751. Omitted.)