inserted in his licence; and that a licence may be granted to any trader A. D. 1752. for two or more towns, in case one shall be thought too small for him to trade in, so that the several towns be equally divided amongst the several traders (except the Chickasaw, Catawba and Chactaw nations;)and every trader going to any of the Indian nations to trade, shall have annexed to his licence, instructions agreeable to this law, under the hand and seal of office of the commissioner. XIX. And be it further enacted by the authority aforesaid, That every trader shall be obliged, and they are hereby required, upon their return from the Indian country, to give an account to the said commissioner of what skins and other effects they have brought down with them, and likewise of what goods they left behind among the Indians; and also to keep a journal of all remarkable occurrences, which they are to deliver to the commissioner, to be laid before the General Assembly. XX. And be it further enacted by the authority aforesaid, That it shall not be lawful for any trader to furnish any Indian with goods to trade with other Indians, or to employ any Indian as a factor to sell or buy for him, on any account or pretence whatever, under pain of forfeiting his bond. XXI. And be it further enacted by the authority aforesaid, That no Indian trader or traders, on pain of forfeiting their bonds shall presume No Indian trato bring down any Indian or Indians into the settlements without directions der to bring any for so doing from the Governor or Commander-in-chief for the time being, settlement. or from the said commissioner or agent or agents, upon especial occasions during the residence of such commissioner or agent in the Indian nations. XXII. And be it further enacted by the authority aforesaid, That if any Indian or Indians, living or residing within the settlements, shall do any damage to any person or persons in this Province, and shall refuse or neglect to make satisfaction for such damage in a reasonable time after application to, and an order thereon, made by a magistrate, then and in such case, it shall and may be lawful for any justice of peace in this Province, upon due proof made before him of such damage or injury, to order such Indian or Indians to be brought down to Charlestown, to be. dealt with as the Governor and Council shall direct. Indian into the to visit the XXIII. And whereas, since the commissioner for Indian affairs hath not been obliged by law to go into the Indian nations, not only many irregu- Commissioner laritys have been committed by the traders and other persons in the Indian Indian country. countrys, particularly at the Cherokees, from whence many false and alarming accounts have been brought down to this Government, to the great terror and disturbance of his Majesty's subjects, but the expences for Indians have been greatly augmented, Be it therefore further enacted by the authority aforesaid, That the commissioner for Indian affairs for the time being, shall be obliged, and he is hereby enjoined and required, under pain of forfeiting his office, to go to any of the Indian nations in amity with this Government, (the Chickesaws and Chactaws, by reason of their distance from Charlestown, excepted) whenever he shall be ordered and directed so to do by the Governor or Commander-in-chief for the time being, with the advice of his Majesty's Council; for which the said commissioner shall be paid out of the public treasury, fifty-six shillings proc- Pay of the Jamation money per day for himself and two servants, which said allow-commissioner. ance shall also be paid to any person appointed by the Governor, with advice of the General Assembly, if sitting, and if not, with the advice of the Council, for such service, in case the commissioner shall refuse or be unable to perform it. VOL. III.-97. A. D. 1752. The commissioner to ob serve such XXIV. And be it further enacted by the authority aforesaid, That the said commissioner shall act and do in all cases relating to the Indian trade as this law directs; and shall also observe such directions as from time to time he shall receive from the Governor and Council, or the General directions as he Assembly of this Province, in cases of an extraordinary nature, where the immediate safety of this Province is concerned, and which are not provided for in this Act. shall receive from the Gov. ernor, Council or Assembly. Limitation seven years. XXV. And be it further enacted by the authority aforesaid, That William Pinckney, Esq. be, and he is hereby nominated and appointed commissioner for Indian affairs, for putting in execution the several matters enjoined the commissioner by this Act; and shall have an annual salary of twenty pounds proclamation money; and in case the said commissioner shall happen to dye, depart this Province or decline acting any longer, the Governor or Commander-in-chief for the time being, and his Majesty's Council, are hereby impowered to appoint another commissioner for Indian affairs, until a commissioner shall be appointed by the General Assembly. XXVI. And be it further enacted by the authority aforesaid, That the several matters and things which are prohibited to be done by this Act on penalty of forfeiting the bond entered into by the persons who shall obtain licences according to the directions of this Act, shall be inserted in and made part of the condition of every such bond. XXVII. And be it further enacted by the authority aforesaid, That all the fines, penaltys and forfeitures inflicted and imposed by this Act, not particularly disposed of, nor the method of recovery directed, shall and may be sued for and recovered in any court of record in this Province, by action of debt, bill, plaint or information, wherein no essoign, privilege, protection or wager of law shall be allowed or admitted, nor any more than one imparlance, one half of which fines, penaltys and forfeitures shall go to his Majesty, his heirs and successors, to be disposed of by the General Assembly of this Province, and the other half to him or them who will inform and sue for the same. XXVIII. And for the more effectual prosecution of any person or persons who shall offend against this Act, Be it further enacted by the authority aforesaid, That in every action or actions which shall be brought for the recovery of any fine, penalty or forfeiture imposed and inflicted by this Act, (which action or actions are hereby directed to be brought within twelve months after the offence committed, and at no time after) the defendant or defendants shall be held to special bail; and in case the informer or prosecutor shall obtain judgment, he shall recover his full costs of suit; any law, usage or custom, to the contrary thereof in any wise notwithstanding. XXIX. And be it further enacted by the authority aforesaid, That in case any person shall be molested, sued, prosecuted or impleaded for any matter or thing done by virtue of or in execution of this Act, it shall and may be lawful for every such person to plead the general issue, and give this Act and the special matter in evidence; and in case the plaintiff or prosecutor shall become nonsuit, suffer a discontinuance, or a verdict or judgment shall pass against him or them, the defendant shall have full costs of suit, for the recovery whereof he shall have the like remedy as where costs are given by law to other defendants. XXX. And be it further enacted by the authority aforesaid, That this Act shall be deemed a public Act, and all courts in this Province are to take notice of the same without special pleading; and shall be and con tinue in force for the space of seven years, and from thence to the end of A. D. 1752. the next session of the General Assembly, and no longer. ANDREW RUTLEDGE, Speaker. In the Council Chamber, the 16th day of May, 1752. AN Additional ACT TO AN ACT OF THE GENERAL ASSEMBLY OF THIS No. 803. PROVINCE, INTITLED AN ACT FOR PREVENTING AS MUCH AS MAY be the SPREADING OF CONTAGIOUS DISTEMPERS. WHEREAS, it hath been found that the provisions made in and by an Act of the General Assembly of this Province, intitled an Act for Preamble, preventing as much as may be the spreading of contagious distempers, referring to Act have not been sufficient for the purposes intended in passing the same, 1744, on this of 29th May, as such distempers have at several times been brought from other parts subject. and spread in this Province since the passing of the said Act; for prevention thereof for the future, we humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by his Excellency James Glen, Esq., Governorin-chief and Captain General, in and over his Majesty's Province of South Carolina, with the advice and consent of his Majesty's Council and the House of Assembly of the said Province, now met in General Assembly, and by the authority of the same, That the pilots for the ports Pilots to take of Georgetown, Winyaw, and Beaufort, Port Royal, shall within one the following month after the passing of this Act, and all and every person who shall oath. hereafter obtain a branch to be a pilot in this Province, shall upon his obtaining such branch, take the following oath before any one of the commissioners for regulating the pilots of the respective port or harbour for which such person shall obtain such branch, which oath any one of the said commissioners is hereby impowered and authorized to administer; and in case there shall be no such commissioner, then before any neighbouring justice of the peace, that is to say, “I, A. B., do swear that I will, before I enter on board any ship or other vessel designed for this Province, diligently enquire of the master or commander of the same whether any plague, malignant fever, small pox or any other contagious distemper, be on board the said vessel or at the port from whence they last came: So help me God:" and every pilot who hath not already taken the said oath that shall neglect or refuse to take the same within the time aforesaid, shall not be permitted to act as a pilot for any port or harbour in this Province. Quarantine, II. And be it further enacted by the authority aforesaid, That when compensation any pilot shall go on board any vessel that shall be obliged to perform to pilot for loss quarantine, the master or commander of such vessel, his executors and administrators, shall be, and he and they is and are hereby obliged and required to pay to such pilot, his executors or administrators, the sum of one pound proclamation money, for every day that such vessel shall perform quarantine, as a recompence for his loss of time; provided always, that in case such master or commander can make it appear by the oath of any two credible witnesses that he acquainted such pilot that his vessel pilot of a conta had some contagious distemper on board, before the pilot entered on board gious disorder such vessel, then such pilot shall have no such recompence. of time. Unless the master fore warns the on board. A. D. 1752. III. And be it further enacted by the authority aforesaid, That in case any pilot or the master or commander of any ship or other vessel shall Masters of ves- refuse or neglect to do and perform all and every the matters which by sels to conform them respectively are by the aforesaid Act enjoined to be done and perto the regulations of the for- formed, the person or persons so offending shall respectively forfeit, over mer Act. And the public treasurer may sue in debt for the penalties. ted to come on and above the penaltys inflicted by the said Act, the further sum of one hundred pounds proclamation money, to be paid to the public treasurer of this Province for the time being, for the use of his Majesty, to be applied as by the General Assembly shall be directed; and the said public treasurer is hereby authorized and required to sue for the same by action of debt, bill, plaint or information, in any court of record in this Province, wherein no essoin, privilege, protection or wager of law shall be allowed; and the defendant and defendants to every action which shall be brought for the recovery of any penalty that is inflicted by the said recited Act, or by this present Act, shall be held to special bail; any law, usage or custom to the contrary notwithstanding. IV. And be it further enacted by the authority aforesaid, That no passenger or other person whoever, coming to this Province in any infected No person from ship or vessel, shall be permitted to come on shore in any part of this Proa vessel permit- vince; and in case any such passenger or other person shall offend herein, shore on penal. he or she shall be immediately sent on board such ship or vessel, and shall ty of £20. also forfeit the sum of twenty pounds proclamation money, to be sued for and recovered in any court of record in this Province by -action of debt, bill, plaint or information, wherein no essoin, privilege, protection or wager of law shall be allowed, the one half to him or them who will inform and sue for the same, and the other half to the use of the poor of the parish where the offence shall be committed. Vessels to perform quaran tine until the master shall take oath. Oath. V. And be it further enacted by the authority aforesaid, That every vessel that shall come to this Province shall be obliged to perform quarantine, until the master or commander of such vessel shall take the following oath before the commander of Fort Johnson or the officer commanding at Fort Frederick, or before the pilot of Georgetown, who are hereby respectively impowered to administer the same, viz: I, A. B., do swear, that all the persons, passengers and negroes imported in my vessel, are free from any small pox, plague, infectious fever or other contagious distemper: So help me God: and shall also answer upon oath whether any dyed upon the voyage, and if so of what distemper they dyed, and how long since; and if any master or commander of any ship or vessel coming to any of the ports aforesaid, who shall refuse to take the oath aforesaid, shall permit or suffer any passenger or other person to come on shore, or any goods or things brought by such vessel to be landed, until such ship or vessel shall have performed quarantine, every such master or On penalty of commander so offending shall forfeit and pay the sum of one hundred pounds proclamation money, one half to his Majesty, to be disposed of by the General Assembly, and the other half to him or them who will inform and sue for the same in any court of record in this Province, by action of debt, bill, plaint or information, wherein no essoin, privilege, protection or wager of law shall be allowed. £100. Public treasu rer directed to prosecute. on penalty of £100. VI And be it further enacted by the authority aforesaid, That the public treasurer of this Province for the time being, shall be, and he is hereby obliged, enjoined and required to prosecute all persons who shall offend against the authority of the said recited Act or of this present Act; and in case the said public treasurer, after information shall be given him of any such offence being committed, shall neglect or refuse to prosecute the offender or offenders, he shall forfeit the sum of one hundred pounds proclamation money, to be sued for and recovered in any court of record A. D. 1752. in this Province, by action of debt, bill, plaint or information, wherein no essoin, privilege or protection shall be allowed or admitted; the one half of which forfeiture shall be to the use of his Majesty, to be disposed of as by the General Assembly shall be directed, and the other half to him or them who will inform and sue for the same. ANDW. RUTLEDGE, Speaker. In the Council Chamber, the 16th day of May, 1752. [The following Act (No. 720) was not found in its proper place, but is since found enveloped in the supplementary Act, given above, on the same subject.] AN ACT FOR THE FURTHER PREVENTING THE SPREADing of contAGIOUS WHEREAS, it hath been found by experience, that since the importation of negroes and slaves from the coasts of Africa into this Province, hath been prohibited, this Province in general and Charlestown in particu- Preamble. lar, hath been much more healthy than heretofore it hath been; and whereas, a sum of one thousand pounds current money hath been resolved to be provided for the building a pest house on Sullivan's Island, near the entrance into the port and harbour of Charlestown, for the reception of all infected or distempered persons which shall be brought into this Province; we humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by his Excellency James Glen, Esq., Governorin-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 Honorable Council and the Assembly of this Province, and by the authority of the same, That no ship or vessel which after the fifth day of No vessel with July next after the passing this Act, shall arrive or come into this Pro-Africa shall vince over the bar of the harbour of Charlestown, with negroes from pass over the negroes from town till the negroes shall landed at Sulli the coasts of Africa or elsewhere, shall be permitted upon any pretence bar of Charleswhatsoever to come above Johnson's fort into Cooper or Ashley river, in this Province, before all the negroes imported or brought in such ship have been or vessel shall have been landed and put on shore on Sullivan's Island afore- van's Island, said, and there shall have remained for the space of ten days, or have been there to remain carried on shore five days in the said space of ten days, and shall remain ten days, on pain of being on shore six hours in each of the said days in the summer, and five hours forfeited. in the winter, that they shall be so on shore in, at the party's own election, for the better purifying and cleansing the said slaves and vessel from any infectious distemper; any law, usage or custom to the contrary in any wise notwithstanding. And in case any negroes or slaves so imported and brought into this Province, over the bar of the harbor of Charlestown, shall be sold, landed or put on shore in any part of this Province, before such negroes or slaves have been landed and remained by the space of ten days, or carried and remained on shore five days, on Sullivan's Island, as aforesaid, (unless such negroes and slaves, upon apprehension of the dangers of a hurricane, or other imminent danger, shall be ordered by his Excellency the Governor or the Commander in-chief for the time being, to be removed |