A. D. 1719. XXXIX. And to the end that the said inquisitors may be the better informed of their duty in the premises, Be it enacted by the authority Instructions to aforesaid, That the Clerk of the Commons House of Assembly be and the inquisitors. he is hereby required to transmit to the said inquisitors the copies of such clauses as in this Act relate to the said inquisitors duty. This Act to continue in force till the orders on £30,000 bills of credit are cancelled. XL. And be it further enacted by the authority aforesaid, That this Act shall and do continue in full force until all the said orders and the said thirty thousand pounds in bills of credit be called in and cancelled according to to the directions of this Act, and until the end of the then next sessions of the General Assembly, and no longer. Read three times and ratified in open Assembly, the 20th of February, 1718-9. ROBERT JOHNSON, FRANCIS YONGE. NOTE. This Act has no number in the original. Repealed by the last section of the Act of September 21, 1721, for raising £17,248, No. 399. AN ACT to continue the Garrison at Savano Town, and the two Scout Boats appointed to be placed to the Southward, and to discharge the Officers and Soldiers who were employed in the late Expedition to the Creek Indians, and to make provision for the charges of the same. WHEREAS, divers of our temporary laws, which by experience have been found useful and beneficial to the publick, are already expired or near expiring-therefore for the reviving and continuing the same, I. Be it enacted, by his Excellency John Lord Carteret, Palatine, and the rest of the true and absolute Lords and Proprietors of the Province of Carolina, by and with the advice and consent of the rest of the members of the General Assembly, now met for the South and West part of this Province, and by the authority of the same, That one Act entituled an Act for the encouragement of trade and navigation, by building and owning of ships and vessels by the inhabitants of this Province and others, and encouraging artificers to come into and build the same, ratified in open Assembly the twenty-eighth day of June, in the year of our Lord one thousand seven hundred and eleven, so far forth as relates to paying seven shillings and six pence per ton out of the publick Treasury to the builder or owner of any ship or vessel in this Province as therein set forth; also, allowing a drawback for the stores and necessarys applied and expended in and to the building of any such ship or vessel, and paying the powder for the same-one other Act entituled an Act for the keeping and maintaining of a watch in Charlestown, ratified in open Assembly the eighteenth day of December, one thousand seven hundred and thirteen-one other Act entituled an Act to settle a guard in Johnson's Fort, on Wind-mill Point, ratified the said eighteenth day of December, one thousand seven hundred and thirteen-and one other Act entituled an Act for the more speedy commencement and prosecution of suits of law in the Court of Common Pleas in this Province, ratified also the said eighteenth day of December, one thousand seven hundred and thirteenone other Act entituled an Act for the mending and keeping in repair the causeway over the marsh of Combee river, in Colleton county, ratified in open Assembly, the twenty-fifth day of February, in the year of our Lord one thousand seven hundred and fourteen-fifteen-and one other Act entituled an Act to prohibit all Indian trade and commerce with our Indian enemies living in and about St. Augustine, Pansacola, Mobile or the river Messassipi, and for laying a duty on all Indian corn and peas exported from this Province, when the same exceeds the prices therein mentioned, ratified in open Assembly the eleventh day of December, in the year of our Lord one thousand seven hundred and seventeen-are hereby declared revived, continued and enacted to be of full force for and during and unto the full term and time of two years after the ratification of this Act, and from thence to the end of the first session of the next General Assembly, and no longer. II. Whereas, by an Act of this Province, ratified June the twenty-ninth day, one thousand seven hundred and seventeen, entituled an additional Act to an Act entituled an additional Act to the several laws for making and repairing of highways, ratified June the seventh day, one thousand seven hundred and twelve, it is therein enacted that an high road be laid out from the north-east side of Goose Creek, over against the plantation. of Landgrave Thomas Smith, to the causeway leading to the ferry on Cooper River, and that a bridge be made on the same road over Foster Creek, at such fit and convenient place as the commissioners therein named shall order and direct, and that the said road and bridge be made at the equal charge and labour of all male persons, as well whites and slaves, from the age of sixteen to sixty years of age, living and residing within the bounds. and limits therein expressed: and whereas since that Act has been ratified, it is found that the road and bridge therein mentioned to be laid out and made according to the directions of the same, will not when made and finished answer the end and design as was thereby intended; to save so great charge and expense of time, labour, and money as would necessarily attend the completing of that work by the persons concerned therein as directed by that Act, Be it therefore enacted by the authority aforesaid, That the said Act ratified June the twenty-ninth day, one thousand seven hundred and seventeen, which enjoyns the persons within the bounds and limits therein expressed, to make the high road and bridge mentioned in the same, be from henceforth repealed; as also a clause in a law, ratified the seventh day of June, one thousand seven hundred and twelve, for making and laying out a road from the plantation of Thomas Perryman to the Church at Goose Creek, &c.; and the said Act and clause, and every thing therein contained, are hereby made null and declared void and repealed, and that all the persons living and residing within the bounds and limits in that Act and clause mentioned, be and they are hereby enjoined to work on the same roads, causeways, and bridges, and no other, A. D. 1718. A. D. 1718. as they were by law obliged to work upon before the said above mentioned Act and clause were ratified and enacted, any thing therein or in any other Act of this Province contained, to the contrary notwithstanding, and under the same penaltys and restrictions as by any former laws are appointed. Read three times and ratified in open Assembly, the 5th day of July, 1718. ROBERT JOHNSON, ALEXANDER SKEENE, NICHOLAS TROTT, THOMAS BROUGHTON, NOTE. In this Act Nos. 305, 340, 341, T. A. 14, 349**, 392, are revived and continued for two years. No. 375, and paragraph 5 of 317, are repealed. No. 401. Preamble. the trade. AN ACT TO SETTLE AND REGULATE THE INDIAN TRADE. WHEREAS, the well settling and regulating the trade to be carried on between this Province and the several Indian nations in amity with the same, is of the last consequence to the safety and preservation of all his Majestie's subjects inhabiting within this government. And whereas, forts and garrisons are undoubtedly necessary for the preservation and well carrying on the said trade; and whereas the said forts and garrisons on the frontiers of the said Indians have been and now are maintained at the sole cost and charge of the publick of this Province, towards which charge it is most reasonable that all persons trading with the Indians should contribute : I. Be it therefore enacted by his Excellency John Lord Cartaret, Palatine, Commissioners and the rest of the true and absolute Lords and Proprietors of the Pronamed to direct vince of Carolina, by and with the advice and consent of the rest of the members of the General Assembly, now met at Charlestown for the south and west part of this Province, and by the authority of the same, That the honourable Colonel Thomas Broughton, Colonel George Logan, and Ralph Izard, Esq. be and they are hereby nominated commissioners to order, direct and manage the trade that shall be carried on by the publick of this Province with the Indians in amity with this government, for the sole use, benefit and behoof of this Province, and they or the major part of them, shall meet immediately after the ratification of this Act, and shall have power and they are hereby impowered to execute all the authorities and powers given them as commissioners by this Act, and shall continue so until removed by a vote of the House of Commons, who are hereby impowered to continue and at pleasure to place and displace all or any of the commissioners, and also to lessen or increase the number of the said commissioners, so as the said number shall not be above five, and how appointed. the majority of the number so appointed by the House of Commons shall have full power to transact and put in force all the authorities given them by virtue of this Act. And in case of the death or absence of any of the said commissioners, or any of them refusing to act, (and the Assembly not then sitting) the major part of the remaining commissioners shall make choice of so many in his or their room as shall make up the number The number not to exceed five. Substitutes appointed as aforesaid, and the persons so chosen commissioners shall A. D. 1719. continue till removed as aforesaid. in £1000. the bond. II. And be it further enacted by the authority aforesaid, That the said commissioners, or any other person that shall be hereafter made a com- To give bond missioner according to this Act, shall before his or their taking upon him or them the execution of the several powers given him or them by this Act, enter into bond, in the penalty of one thousand pounds, currant money of this Province, with one sufficient security, who shall be an inhabitant of this Province, unto the speaker of the Commons House of Assembly for the time being, and any two members of the said House, who are hereby impowered to take the said bonds for the use of the publick, and in case the House of Commons is not in being, then such commissioners appointed by this Act shall give like bond to the Publick Receiver for the use of the publick, which said bond or bonds shall be laid before the next House of Commons at their first meeting; and the condition of such bond shall Condition of be after this manner, that is to say, the condition of the above obligation is such, that if the above bounden A B, appointed commissioner by virtue of an Act entituled an Act to settle and regulate the Indian trade, ratified ́in open Assembly the twentieth day of March, in the year of our Lord one thousand seven hundred and eighteen, shall and will faithfully execute and perform the several powers and authorities given unto him as one of the commissioners of the Indian trade, and that to the best of his skill and understanding he will manage, order and direct the carrying on the publick trade of this Province with the Indians in amity with this government, for the sole use, benefit and behoof of the publick of this Province, to the best advantage, and that he shall give his advice, counsell and assistance for the support and good government of the same, and that he shall pursue such methods therein as he shall believe to be most for the preservation of the peace and security of this Province, and that during the time of his acting as commissioner, he shall neither directly or indirectly trade with any Indian or Indians or any other person whatsoever, in the way of the Indian trade, on his own private account, and that he shall not take any presents, fee or reward whatsoever, either from any Indian trader or any person whatsoever concerned in the Indian trade directly or indirectly, but shall according to the best of his knowledge do equal and impartial justice to all persons in all cases that shall come before him to be decided, then the above obligation to be void, otherwise to be and remain in full force and virtue; and the said commissioners are likewise to make oath on the holy evangelists, before any one justice of the peace of this Province, who is hereby impowered to administer the same, after the same form of words as is directed in the above condition, mutatis mutandis. Commissioners III. And be it further enacted by the authority aforesaid, That the commissioners aforesaid and their successors, shall be one body politick incorporated. and corporate, by the name of the commissioners for carrying on a trade with the Indians for the sole use, benefit and behoof of the publick, and by that name shall have perpetual succession and a common seal, and that they and their successors by the name aforesaid shall be able and capable in the law to have, purchase, receive and retain to them and their successors, in trust for the publick of this Province, any lands, rents, tenements and hereditaments, goods, wares and merchandizes, of what kind, nature or quality soever, and also to sell, grant, demise, alien and dispose of the same, for the use aforesaid; and by that name to sue and implead, be sued and impleaded, answer and be answered, in any court of record, or any other place whatsoever; and to do and execute all and singular other mat A. D. 1719. penalties. ters and things, by the name aforesaid, that to them shall or may appertain; to be subject, nevertheless, to such instructions, limitations and restrictions, as shall from time to time be given them by the Commons House of Assembly of this Province. IV. And be it further enacted by the authority aforesaid, That it shall Commissioners and may be lawful for the said commissioners or the major part of them may enact reg- and their sucessors, to make reasonable constitutions, orders or instructions, ulations with from time to time, for the good government of the said trade with the Indians, and of their factors, agents, servants and others, concerned in the same, and to inflict reasonable penalties and punishments, by fines or otherwise, for any breach or breaches thereof, and to levy such fines to the use of the publick stock of the said trade. The trade to be carried on at 3 factories only. Commissioners may employ agents who shall gfve bond and security. Duty of the V. And be it further enacted by the authority aforesaid, That the publick trade aforesaid shall be carried on and restrained to the three garrisons or factories following, that is to say, at the fort now at the Savano Town, at the fort now at the Congerees, or at some more proper place thereabouts, as shall be hereafter directed by the said commissioners, and at a fort to be built at the old Apalachocolas Town on the Savano river; and it shall be lawful upon any emergent occasion, and when it is ordered and directed by the Commons House of Assembly, for the said commissioners or the major part of them, to order and direct any of their factors or servants to carry any of the goods, wares, or merchandizes belonging to the said factories, to any Indian nation whatsoever, and dispose of the same, any thing herein to the contrary thereof in any wise notwithstanding. VI. And be it further enacted by the authority aforesaid, That the said commissioners or the major part of them, are impowered to choose and agree with so many and such agents, factors and servants, and to place and dispose of them to such places as is before directed, or as the said commissioners shall be ordered by the Commons House of Assembly; and the said agents or factors, shall give bonds with one security, in the penal sum of five hundred pounds currant money, to observe and follow all such orders and instructions as shall be from time to time given them by the said commissioners, in relation to the trade aforesaid. VII. And be it further enacted by the authority aforesaid, That the person whom the said commissioners or the major part of them, shall from amongst themselves nominate and appoint the cashier of the Indian trade, shall receive all such sums of money as at this present time is outstanding and belonging to the publick stock of the said trade, or which shall hereafter be appropriated by any Act of Assembly of this Province, . for the carrying on the said trade with the Indians or supporting the garrisons to be maintained in the several forts above mentioned, and shall pay all such sums of money as he shall be ordered by the said commissioners, for paying of the wages or salaries, or for any other charge arising or becoming due on account of the said trade, and also shall pay unto each of the said commissioners, the quantity or value of one thousand pounds weight of drest deer skins, and to himself, over and above his salary as commissioner, the quantity or value of three hundred pounds weight of drest deer skins (such salary to be paid to each of them by equal half yearly payments) in lieu of all manner of fees, perquisites or demands whatsoever. Commissioners may inspect and adjust all accounts, VIII. And be it further enacted by the authority aforesaid, That the said commissioners herein before named, or the major part of them, are hereby impowered and authorized to examine, audit and adjust all and singular the accounts, books of accounts, contracts and agreements, now belonging to the late commissioners of the Indian trade, who managed the same |