or redeliver to the loser such money or thing so won and received as aforesaid, together with such costs of suit as may have accrued before the repayment or re-delivery of such money or thing, the one moiety of which penalty shall be to the use of the person or persons that will sue for the same, and the other moiety to the use of the poor of the parish where the offence shall be committed.

A. D. 1752.

Defendant may

to answer upon

III. And for the better discovery of the moneys or things so won and received, and to be sued for and recovered as aforesaid, It is hereby further be compelled enacted by the authority aforesaid, That all and every the person or per oath in equity. sons who by virtue of this present Act shall or may be liable to be sued for the same, shall be obliged and compellable to answer upon oath such bill or bills in equity as shall be preferred against him or them, for discovering the sum and sums of money or other thing so won and received at play as aforesaid.

İV. Provided always, and be it nevertheless enacted by the authority aforesaid, That upon the discovery and repayment of the money or other But not where the money and thing so to be discovered and repaid as aforesaid, together with any costs costs are repaid that may have accrued, the person or persons who shall so discover and repay the same as aforesaid shall be acquitted, indemnified and discharged from any further or other punishment, forfeiture or penalty, which he or they may have incurred by the playing for or winning such money or other thing, so discovered and repaid as aforesaid; any former or other act, law or usage, or any thing in this present Act contained, to the contrary thereof in any wise notwithstanding.

Fraudulent

V, And be it further enacted by the authority aforesaid, That if person or persons whatsoever, at any time or times after the passing of gaming liable to this Act, do or shall, by fraud or shift, cousenage, circumvention, deceit or indictment. unlawful device, or ill practice whatsoever, by playing at and with cards, dice, or any of the games aforesaid, or in or by bearing a share or part in the stakes, wagers or adventures, or in or by betting on the sides or hands of such as do or shall play as aforesaid, win, obtain or acquire to him or themselves, or to any other or others, any sum or sums of money, or other valuable thing or things whatsoever, that then every person or persons so winning by such ill practice as aforesaid, being convicted thereof upon an indictment or information, to be exhibited against him or them for that purpose, shall forfeit five times the value of the sum or sums of money or other thing so won as aforesaid; and in case of such ill practice as aforesaid, shall suffer such corporal punishment as the court before whom the same shall be tried shall think fit to inflict, not extending to loss of life or member; and such penalty to be recovered by such person or persons as shall sue for the same by such action as aforesaid.

VI. And be it further enacted by the authority aforesaid, That this Act shall be deemed a public Act, and shall be taken as such by all judges, Limitation, justices and magistrates, and in all courts within this Province, and shall 3 years. continue in force for the term of three years, and from thence to the end

of the next sessions of the General Assembly, and no longer.

ANDREW RUTLEDGE, Speaker.

In the Council Chamber, the 16th day of May, 1752.

Assented to: JAMES GLEN.

A D. 1752.

No. 808. AN ACT FOR PROHIBITING AND PREVENTING THE EXPortation of Corn, PEASE AND SMALL RICE FROM THIS PROVINCE, FOR THE TERM THERE

Preamble.

Exportation of corn, pease and

small rice for

bidden for 12

months to

come.

Penalties.

IN MENTIONED.

WHEREAS, from the great drought which happened the last summer, and the dreadful hurricane with which this Province was afflicted on the fifteenth day of September last, there is great reason to fear that the corn, pease and small rice, made in this Province, will not be sufficient for the support of the inhabitants thereof; we therefore humbly pray his most sacred Majesty that it may be enacted,

I. And be it enacted, by His Excellency James Glen, Esquire, Governor-in-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 Council and the House of Assembly of this Province, and by the authority of the same, That for the term of twelve months from the time of passing this Act, no corn, pease or small rice of the growth of this Province, shall be laden on board any vessel and exported or carried out of or beyond the bounds or limits of this Province, by any person or persons whatsoever, either by land or water, upon pain of forfeiting for every bushel of corn or pease so exported, the sum of three shillings proclamation money, and for every hundred pounds weight of small rice, the sum of six shillings like money, one moiety thereof to the use of the poor of the parish where the offence shall be committed, and the other moiety to such person as shall inform and sue for the same in any court of record in this Province; provided always nevertheless, that it shall and may be lawful for any owner, master or patroon of any vessel whatever, to take on Except for pro-board the quantity of two bushels of corn or pease or of one hundred weight of small rice, as provisious, for every person on board such vessel, to be exported from this Province to any port or place whatsoever without the limits thereof; any thing hereinbefore contained to the contrary notwithstanding.

vision for the

vessel.

Masters of

into bond to the Collector.

Condition of the bond.

II. And it is hereby further enacted, That the commander or master of every ship or vessel that shall after the passing of this Act Vesse's to enter clear out at any port in this Province, for any part of America, shall enter into bond with the treasurer or collector of the country dutys, with one or more sufficient securitys, in the sum of two hundred pounds proclamation money penalty, that he will not, after his said clearing, at any time during his intended voyage, take on board his said ship or vessel at any port, creek or harbour in this Province, or upon the coast thereof, any of the above enumerated commoditys, contrary to the intent and meaning of this Act; which bond the treasurer or collector of the country dutys shall take without fee or reward; provided, that all suits or prosecutions for the penalty of the said bond shall be commenced within nine months after the respective date thereof, and not afterwards.

Suits to be commenced within nine months.

Treasurer,

comptroller and waiter may enter and search vessels

III. And be it further enacted by the authority aforesaid, That the treasurer, comptroller or waiter, shall and may at any time within the term aforesaid, enter into and search any vessels or pettyaugers, and in case that they shall find that the owner, master or patroon have offended and seize the contrary to the true intent and meaning of this Act, then to seize such unlawful part vessel or pettyauger, and also the coru, pease or small rice found on of the cargo for board the same, contrary to the intent and meaning of this Act, and to secure the same until condemned or delivered by due course of law; the one moiety of which forfeiture shall be to the use of the poor of the

the use of the poor.

parish where the offence shall be committed, and the other moiety to him or them who will inform and sue for the same in any court of record within the same, by action of debt, bill, plaint or information, wherein no essoin, privilege, protection or wager of law shall be allowed, or any more than one imparlance.

A. D. 1752.

Condition of

the bond.

IV. And be it further enacted by the authority aforesaid, That all and every owner and owners of decked pettyaugers and coasting boats, shall Owners of coasting boats be obliged, and they and every of them are hereby enjoined and requito give bond. red, within one month after the passing of this Act, to give bond to the public treasurer of this Province, or the treasurer of the port of Georgetown, Winyaw, or the treasurer of Beaufort, Port Royal, in the penalty of two hundred pounds proclamation money, with condition that their respective pettyaugers or boats shall not be made use of or employed in any manner whatever in the exporting, or assisting in the exporting, of any of the above enumerated commoditys, contrary to the intent and meaning of this Act; which bond the treasurer shall take without fee or reward; provided, that all suits or prosecutions for such penalty shall be commenced within twelve months after the date of such bond; and in case any Suits thereon owner or owners of any such pettyaugers or boats shall neglect or refuse ed in twelve to give bond by the time above appointed, he or she and they shall forfeit months. the sum of two hundred pounds proclamation money, to be recovered and applied in the same manner as the other penaltys imposed by this Act are directed to be recovered and applied.

JAMES MICHIE, Speaker.

In the Council Chamber, the 7th day of October, 1752.

Assented to: JAMES GLEN.

to be commenc

AN ACT FOR ALTERING AND AMENDING THE SIXTH AND SEVENTH PARAGRAPHS OF THEe Act entitled "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 dutys imposed by any former Act or Acts of the General Assembly of this Province."

WHEREAS, a sufficient quantity of vacant lands for settling poor Protestants cannot be found within the bounds limited and ascertained for that purpose in and by the sixth paragraph of the Act intitled 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

No. 809.

Preamble.

A. D. 1752. dutys imposed by any former Act or Acts of the General Assembly of this Province; which limitation has in a great measure defeated the good intentions of the said Act; we therefore humbly pray his most sacred Majesty that it may be enacted,

Former appropriations for the encourage ment of poor Protestant

settler altered.

One half the bounty hereto fore granted to be paid hereafter to Protes

tant settlers arriving during four months hence.

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 Council, and the Assembly of the said Province, and by the authority of the same, That the several sums of money appropriated and applied by the said sixth paragraph of the said Act, as an encouragement to poor Protestants to become settlers in this Province, within the bounds thereby limited and ascertained, shall be and are hereby appropriated and applied in the following manner, and not otherwise, (that is to say) for payment of the sum of five pounds proclamation money, to be laid out in plantation tools, or in tools proper for their respective occupations, aud corn or other provisions, for every free poor foreign Protestant from Europe now in this Province, and who have not already received the said bounty, or who shall arrive here from Europe within four months from the time of passing this Act, under the age of fifty and above the age of twelve years; and for payment of the sum of two pounds and ten shillings like money, to be laid out in corn or other provisions, for every such free poor foreign Protestant above the age of two and under the age of twelve years, coming from Europe within the said term of four months; and likewise for purchasing a cow and calf for every five such poor Protestants as shall be settled together, and the like bounty respectively for every poor Protestant, his Majesty's subjects from Europe, who sball produce a certificate, as by the said recited Act is directed, who shall come over within the said term of four months; one moiety of which bounty shall be delivered to the said free poor Protestants upon their demanding the same, and the other moiety as soon as they shall be actually settled in any part of this Province; provided the said fund shall be in cash, to answer the same; any thing in the said recited Act contained, to the contrary thereof in any wise notwithstanding.

II. And be it further enacted by the authority aforesaid, That after the bounty hereby given to such free poor Protestants as are already arrived, and to such as shall hereafter arrive within the said term of four months, shall be fully satisfied and paid, then the several sums of money which shall thereafter arise by the tax imposed by the said recited Act, and which is appropriated and applied by the said sixth paragraph of the said Act, as an encouragement to Protestants to become settlers in this Province, shall be and are hereby appropriated and applied for and during the continuance of the remaining term of the said Act, to the use of poor Protestants coming from Europe to settle in this Province, after the rate of half the several sums per head allowed by this Act, to such poor Protestants as now are or shall arrive in this Province within the term of four months next after the passing of this Act; which said half bountys respectively shall be paid in the same manner as is hereinbefore directed for the whole bountys; any thing in the said recited Act contained, to the contrary thereof in any wise notwithstanding.

JAMES MICHIE, Speaker.

In the Council Chamber, the 7th day of October, 1752.

NOTES TO VOLUME THIRD.

It has been intimated to me by one or two gentlemen of the bar, whose opinions are entitled to respect, that the Notes would be much more conveniently arranged at the end of each Act, than collected in a separate series at the end of the volume. I think so too: the proposed arrangement would have advantages and save trouble in consultation. But a large portion of the present volume was printed off before the adjournment of the last Legislature, and therefore the plan could not have been adopted for the present volume.

But allowing the convenience of the arrangement, I could not adopt it for this and the succeeding volume, but at the hazard of sacrificing accuracy. Until the publication of the laws subsequent to the adoption of the present Constitution of South Carolina, there is no printed collection of them extant. Grimke's volume of public laws is so mutilated and imperfect he has omitted so many laws and parts of laws, that it is nearly useless for the purposes of the present publication. I have therefore neglected it, and gone through every original manuscript Act now to be found, making to them my own Notes of marginal abridgeUnder these circumstances, I could not be aware of the bearing of the several Acts on each other in this and the succeeding volume, till I had the whole collection under my purview. I did not choose to commit myself to Notes on each Act, composed and written currente calamo, without the aid of the Acts that were to come after in the same volume. I have therefore, however reluctantly, preferred giving the notes at the end of the volume, that the necessary sources of information might not escape me.-EDITOR.

ment.

NOTES.

No. 390. An Act for the more speedy and regular trial of Pirates; p. 41. See on this subject, vol. 2, pages 25, 465, 476, 733. Also, Act of February 27, 1788.

No. 414. An Act against excessive Usury; p. 104. See p. 132 of this vol. Also, Act of January 2, 1777, for reducing the interest of money. Also, Act of 1830, pamphlet laws, p. 27. Also, Act of 1831, pamphlet laws, p. 48, 49. Also, the following reported cases.

Cases.-Atkinson v. Executors of Scott, 1 Bay, 303. Foltz v. May, 1 Bay, 479. Payne v. Trezevant, 2 Bay, 23. Solomons v. Jones, 1 Tread. 144. Levy v. Hampton, 1 M'Cord, 145. Mott v. Dowell, 1 M'Cord, 350. Executor of

Thomas v. Brown, 1 M'Cord, 557. Fleming v. Mulligan, 2 M'Cord, 173. Wilks v. Brummer, 2 M'Cord, 178. Willard v. Reeder, 2 M'Cord, 369. Knight V. Packard, 3 M'Cord, 71. Fulmer v. Hays, 3 M'Cord, 256. Jones ads. Johnson, 3 M'Cord, 365. Craig v. Reeder, 3 M'Cord, 414. Johnson v. Veal, 3 M'Cord, 449. Wurden v. Clifford, 4 M'Cord, 65. Stone v. Jones, 4 M'Cord, 254. Keckley v. Cheer, 4 M'Cord, 397. Harick v. Jones, 4 M'Cord, 402.