A. D. 1751. AN ACT FOR THE BETTER STRENGTHENING OF THIS PROVINCE, BY GRANTING TO HIS MAJESTY CERTAIN TAXES AND IMPOSITIONS ON THE PURCHASERS OF NEGROES AND OTHER SLAVES IMPORTED, AND FOR APPROPRIATING THE SAME TO THE USES THEREIN MENTIONED, AND FOR GRANTING TO HIS MAJESTY A DUTY ON LIQUORS AND OTHER GOODS AND MERCHANDIZE, FOR THE USES THEREIN MENTIONED, AND FOR EXEMPTING the purchaSERS OF NEGROES AND OTHER SLAVES IMPORTED FROM PAYMENT OF THE TAX, AND THE LIQUORS AND OTHER GOODS AND MERCHANDIZE FROM THE DUTIES IMPOSED BY ANY FORMER ACT OR ACTS OF THE GENERAL ASSEMBLY OF THIS PROVINCE. No. 793. WHEREAS, the best way to prevent the mischiefs that may be attended by the great importation of negroes into this Province, will be to Preamble. establish a method by which such importation should be made a necessary means of introducing a proportionable number of white inhabitants into the same; therefore, for the effectual raising and appropriating a fund sufficient for the better settling of this Province with white inhabitants, we, his Majesty's most dutiful and loyal subjects, the House of Assembly now met in General Assembly, do cheerfully give and grant unto the King's most excellent Majesty, his heirs and successors, the several taxes and impositions hereinafter mentioned, for the uses and to be raised, appropriated, paid and applied as is hereinafter directed and appointed, and not otherwise, and do humbly pray his most sacred Majesty that it may be enacted, ed slave of the &c. I. And be it enacted, by his Excellency James Glen, Esquire, Governor in chief and Captain General in and over the Province of South A duty of £10 Carolina, by and with the advice and consent of his Majesty's honorable on each import Council, and the House of Assembly of the said Province, and height of four by the authority of the same, That from and immediately after the passing feet two inches, of this Act, there shall be imposed on and paid by all and every the inhabitants of this Province, and other person and persons whosoever, first purchasing any negro or other slave, hereafter to be imported, a certain tax or sum of ten pounds current money for every such negro and other slave of the height of four feet two inches and upwards; and for every one under that height, and above three feet two inches, the sum of five pounds like money; and for all under three feet two inches, (sucking children excepted) two pounds and ten shillings like money, which every such inhabitant of this Province, and other person and persons whosoever shall so purchase or buy as aforesaid, which said sums of ten pounds and five pounds and two pounds and ten shillings respectively, shall be paid by such purchaser for every such slave, at the time of his, her or their purchasing of the same, to the public treasurer of this Province for the time being, for the uses hereinafter mentioned, set down and appointed, under pain of forfeiting all and every such negroes and slaves, for which the said taxes or impositions shall not be paid, pursuant to the directions of this Act, to be sued for, recovered and applied in the manner hereinafter directed. II. And be it further enacted by the authority aforesaid, That the Notice to be better to secure, collect and gather in the said taxes from the persons so given of the time and place purchasing any negro or other slave or slaves as aforesaid, all and every of selling imperson and persons who shall hereafter import into this Province, or shall ported negroes. A. D. 1751. have any negroes or other slaves which were lately imported to dispose of, either in their own right or in the right of any other person or persons, every such importer or other person and persons shall, before he or they shall sell or dispose of such negroes or slaves, or any of them, give notice in writing under his hand, of such intended sale, to the country waiter for the time being, (that is to say) of the time when, the place where and the number of such negroes and slaves so intended to be sold or disposed of, under the penalty of forfeiting the sum of one hundred pounds current money, for every slave such person or persons shall sell or otherwise dispose of, for any term or time whatever before such notice given as aforesaid, to be recovered and applied as hereinafter is directed. The tax to be paid before any slave is remov. ed. The country at the time and negro slaves, permit. III. And be it further enacted by the authority aforesaid, That the tax hereby imposed, shall be paid to the public treasurer before any such slave or slaves shall be removed from the place where such purchaser shall buy the same; and the purchaser shall take a receipt or certificate from the treasurer (which he is hereby required to give without fee or reward) for the same, and which shall be directed to the country-waiter or waiters for the time being, wherein shall be particularly mentioned the sum paid, and the number of slaves for which the same was paid, and shall be a permit to the said waiter or waiters, to suffer such purchaser to remove and carry away the slaves therein mentioned; and such waiter and waiters is and are hereby required and directed to make a regular entry of every such receipt or certificate, in a book fairly to be kept by him or them for that purpose, and duly to file the original. IV. And be it further enacted by the authority aforesaid, That the said country waiter or waiters, and the waiter or waiters for the time waiter to attend being, is and are hereby authorized, impowered and required, upon havplace of sale of ing notice of any such sale or intended sale of any negroes or other slaves as aforesaid, to give diligent and constant attendance at the place and and require the places of such sale; and in case he or they shall find that any person or persons shall have purchased or bought any negro or other slave as aforesaid, or shall attempt to remove or carry away any such negro or slave, without having paid the said respective tax and obtained a receipt or certificate as aforesaid, and producing the same to the said waiter or waiters, that then it shall and may be lawful to and for such waiter or waiters, and he and they is and are hereby impowered to seize and take all and every such negroes and other slaves as aforesaid, and the said negroes and slaves so seized, are hereby declared forfeited to all intents and purposes whatsoever; and if the said negroes or slaves cannot be found, then the purchaser shall forfeit the value of them, the one moiety to his Majesty for the uses hereinafter mentioned, and the other moiety to the said waiter or waiters, to be recovered as is hereinafter directed and appointed: Provided always, that if any person or persons who shall hereafter import any negroes or slaves into this Province, shall, before the landing of the same, give sufficient security by bond, to be made payable to his Majesty, his heirs and successors, for the uses mentioned in this Act, to the satisfaction of the public treasurer, to pay on behalf of the several purchasers, the tax or imposition hereby laid and imposed on such negroes or slaves, within three months after the entry of the same, it shall and may be lawful for the said public treasurer to give a permit for the landing of such negroes or slaves; and in such case the waiter or waiters before mentioned shall be freed and discharged from attending on the sale of such negroes or slaves. may Importer that the tax V. And be it further enacted by the authority aforesaid, That from and immediately after the passing of this Act, every person and persons who shall import into this Province any negroes or other slaves, or their agents A. D. 1751. or factors, to whom the same shall be consigned, shall be and they are hereby obliged and required, within eight-and-forty hours after the arrival Importers of of the vessel in which such negroes or other slaves shall be imported, to negroes to make an entry make an entry of all and every such negroes and slaves upon oath, in the within 48 hours, office of the public treasurer of this Province for the time being, upon on penalty of £100. pain of forfeiting the sum of one hundred pounds current money, for every such negro or other slave that shall be so imported, of which no such entry shall be made as aforesaid, within the time aforesaid, to be recovered and applied as is hereinafter directed; and all such negroes and other slaves imported as aforesaid, and which shall be landed or attempted to be landed in any part of this Province, before such entry made as aforesaid, shall be and they are hereby declared to be forfeited, And the slaves the one half to his Majesty for the uses hereinafter mentioned, and the forfeited. other half to him or them who will inform and sue for the same, to be recovered as hereinafter is directed. any VI. And be it further enacted by the authority aforesaid, That the said tax hereby imposed on negroes and other slaves, paid or to be paid Appropriation by or on the behalf of the purchasers as aforesaid, by virtue of this Act, of the tax. shall be applied and appropriated as followeth, and to no other use, or in other manner whatever, (that is to say) that three-fifth parts (the whole into five equal parts to be divided) of the net sum arising by the said tax, for and during the term of five years from the time of passing this Act, be applied and the same is hereby applied for payment of the sum of six pounds proclamation money to every poor foreign protestant whatever from Europe, or other poor protestant (his Majesty's subject) who shall produce a certificate under the seal of any corporation, or a certificate under the hands of the minister and church-wardens of any parish, or the minister and elders of any church, meeting or congregation in Great Britain or Ireland, of the good character of such poor protestant, above the age of twelve and under the age of fifty years, and for payment of the sum of three pounds like money, to every such poor protestant under the age of twelve and above the age of two years; who shall come into this Province within the first three years of the said term of five years, and settle on any part of the southern frontier lying between Pon Pon and Savannah rivers, or in the central parts of this Province, (to wit) between Santee and Pon Pon rivers, within forty miles of the sea coast; and after the expiration of the said first three years, for payment of the sum of four pounds proclamation money for every such poor protestant above the age of twelve and under the age of fifty years; and for payment of the sum of two pounds like money, to every such poor protestant under the age of twelve and above the age of two years, as shall come here during the remaining two years of the said term of five years, and settle on any part of the southern frontier, between Pon Pon and Savannah rivers, or between Santee and Pon Pon rivers, within the limits aforesaid. VII. And forasmuch as it is very probable that at the expiration of the said term of five years, there will be as many poor protestants settled Appropriation on the southern frontier and central parts of this Province as there will after five years. be on the northern frontier, Be it therefore further enacted by the authority aforesaid, That at the expiration of the said term of five years, the said three-fifth parts of the aforesaid net sum arising by the said tax, shall be and is hereby appropriated for payment of the sum of two pounds thirteen shillings and four pence proclamation money to every such poor protestant under the age of fifty and above the age of twelve years, and for pay A. D. 1751. Appropriation of one fifth of the tax. Draughts to be drawn by the Governor for four fifth parts of the tax. missary general and others. ment of the sum of one pound six shillings and eight pence like money, to every such poor protestant under the age of twelve and above the age of two years, as shall come into this Province from Europe, at any time after the expiration of the said term of five years, and settle in any part of this Province during the continuance of this Act. VIII. And be it also enacted by the authority aforesaid, That one other fifth part of the net sum arising by the said tax, shall be and is hereby applied for defraying the expense of surveying and running out lapds, and passing grants to such poor protestants; and the remaining fifth part of the said tax shall be and is hereby applied as a bounty to be given for the building of ships in this Province, and as an encouragement to ship-wrights and caulkers to become settlers in this Province, in such manner and proportion as shall be hereafter directed and appointed by resolution or order of the General Assembly, or otherwise. IX. And be it also enacted by the authority aforesaid, That the four fifth parts of the net sum arising by the said tax first above mentioned, shall be paid and applied to the said uses of poor protestants as aforesaid, by draughts to be made for the same by the Governor or Commanderin-chief, with the advice of his Majesty's Council for the time being, upon the public treasurer, payable to the commissary general, for the purposes aforesaid, and not otherwise. X. And be it further enacted by the authority aforesaid, That there Allowance to shall be allowed and paid out of the monies arising by the tax hereby the public laid on negroes and slaves imported, to Jacob Motte, Esq. public treasurer treasurer, com- of this Province, or to the public treasurer for the time being, the sum of two pounds and ten shillings for every hundred pounds received by him for such tax, and the like sum for every hundred pounds paid by him out of the same, in pursuance of the directions of this Act; and that John Dart, Esq. commissary general, or the commissary general for the time being, shall be paid out of the said monies, the sum of two pounds and ten shillings for every hundred pounds, on all the monies by him received and paid away, in full satisfaction for all his services, done in pursuance of the directions of this Act; and that there shall also be allowed and paid out of the said monies, to the person or persons who shall from time to time be appointed waiter or waiters by the General Assembly, pursuant to the laws in such case made and provided, the sum of two shillings current money, to be divided equally between them, for every negro or other slave which shall hereafter be sold as is directed by this Act, in lieu and full satisfaction for their trouble and attendance at the sales of slaves, as hereinbefore is directed. Waiters to attend sales. Country waiters to attend to the measurement of the negroes. XI. And be it further enacted by the authority aforesaid, That the country waiter, Mr. John Ballantine, and the waiter for the time being, and the assistant waiters, or one of them, shall and they are hereby required, on notice to be given as aforesaid of the intended sale of any slaves where security is not given as aforesaid, to give constant and due attendance at the place and places of such sale, and there remain and continue during the time thereof, under pain of forfeiting the sum of fifty pounds current money, for every sale at which one of the said waiters shall not give attendance as aforesaid, to be recovered and applied as is hereinafter directed and appointed. XII. And be it further enacted by the authority aforesaid, That in case any dispute shall arise between the purchaser or the importer of any slave as aforesaid, and the said waiter or waiters, concerning the height of any such slave, the said purchaser or the importer, and the said waiter, shall name two justices of the peace who shall judge of the height of A. D. 1751. such slave, and finally determine the same. mitted within XIII. And be it further enacted by the authority aforesaid, That the receivers and waiters already appointed, and hereafter to be appointed by the General Assembly, for the ports of Georgetown, Winyaw, and Beaufort, Port Royal, severally and respectively, shall be and they are hereby Power of the invested with the same powers and authoritys as to receiving and collect- receiver and ing of the said tax arising on the purchasing of slaves in the said waiters of ports Georgetown respectively, as the public treasurer and waiter have for the due execu- and Beaufort. tion of this Act in the port of Charlestown; and the said receivers for the time being, for the said ports of Georgetown, Winyaw, and Beaufort, Port Royal, respectively, shall and they are hereby required, within Tax to be rethirty days after their receiving any taxes by virtue of this Act, to remit 30 days, to the the same to the public treasurer for the time being, in Charlestown, and receiver geneshall be allowed and paid for so doing, the sum of two pounds and ten ral. shillings for every hundred pounds, on all the monies by them to be received as aforesaid, in full recompence for receiving and transmitting the same to the public treasurer as aforesaid; and the said waiters for the time being, in the said ports respectively, shall be allowed and paid two shillings Fees of the for each slave which shall be purchased as aforesaid in the said ports res- receivers and pectively, where their attendance is required; and for receiving such tax by the public treasurer from the said receivers, no commissions shall be paid or allowed. waiters. XIV. And be it further enacted by the authority aforesaid, That all such slaves for which the tax hereby imposed on importation, as aforesaid, hath Drawback of been paid, and which shall be exported from this Province in six months 3-4 of the duty on exportation. from the day of the entry of such slave or slaves as aforesaid, the exporter thereof shall be entitled to three fourth parts of the monies paid on the purchase of such slave or slaves at the time of importation; and the public treasurer is hereby required to pay the same to such exporter. XV. And be it further enacted by the authority aforesaid, That in case any person shall import or bring into this Province any slave or slaves, by Any slaves land or water, such slave and slaves is and are hereby declared to be liable brought into the Province, by to the tax hereby imposed on slaves purchased as aforesaid, by the person land or water, or persons importing the same into this Province, in case such slave or liable to the slaves shall not be sold; and for default of payment thereof shall be seized duty. and forfeited, and disposed of as herein is directed. XVI. And be it further enacted by the authority aforesaid, That every person or persons who after the passing this Act shall purchase any slave Slaves importor slaves which shall be brought or imported into this Province, either by ed from other land or water, from any of his Majesty's plantations or colonies in Ameri-colonies or plantations. ca, that have been in any such colony or plantation for the space of six months; and if such slave or slaves have not been so long in such colony or plantation, the importer shall be obliged to make oath or produce a proper certificate thereof, or otherwise every such importer shall pay a further tax or imposition of fifty pounds, over and besides the tax hereby Not to extend imposed for every such slave which he or they shall purchase as aforesaid. moving hither Provided, that nothing herein contained shall extend or be construed to from other extend to any person who shall come from any of the said colonies or plan- colonies. tations with their slaves, actually to reside in this Province. to persons re Duties on XVII. And whereas, the laws heretofore made for the laying and continuing certain duties and impositions on certain liquors, spirits, and divers liquors, &c. and other goods and commodities are now near expiring, so that a fund would their appropriasoon be wanted to supply the uses for which the said duties now are or may be appropriated; to the intent, therefore, that the same, as well as tion. |