A. D. 1719. nearer than to the garrison. Exception. XXVI. And to prevent the danger that may happen to befal this Government by reason of great number of Indians coming into the heart of the No Indian car- English settlements, either as burtheners, or under pretence of trading, rier of burthens whereby they may have an opportunity to fall on the same by surprise, and to approach a settlement by killing and destroying the stock of cattle of the inhabitants, have created difference; Be it therefore enacted by the authority aforesaid, That it shall not be lawful for the future, either for the account of the publick trade, or for that as shall be carried on by private persons, to bring any Indian burtheners nearer the settlements than the said garrisons, which said garrisons shall have a full supply of goods to answer the demands of all Indians requiring a trade there; and if any persons, either on the publick account or on any private trade, shall consent or bring into the English settlements any Indians, excepting such as shall come to wait on the Governour of this Province about the affairs of Government, they shall forfeit the sum of five pounds for each Indian, to such person or persons that shall sue for the same in any court of record in this Province, and also shall make good all manner of damages done by the said Indians to any private person whatsoever, either by killing their stock, eating their provisions, or burning their fences, which shall be recovered of the person or persons bringing down such Indians, or of such persons as shall deal, trade, traffick, or barter with the said Indians in the said settlements, by action of debt or upon the case; and if any person whatsoever, living and residing in the settlements, shall deal, trade, barter or traffick with any foreign Indians, encouraging them thereby to come in great numbers into the settlements, (excepting as before excepted) such person or persons so offending shall forfeit five hundred pounds current money, any thing in this Act to the contrary notwithstanding. No private per son to trade with Indians nearer to a fac tory than 20 miles. Duty of the XXVII. And to prevent the confusions that may arise by having dealers or traders of separate interest trading at the same place; Be it therefore enacted by the authority aforesaid, That it shall not be lawful for any private trader to deal or trade with any Indians within twenty miles of the said factories; and as soon as any private dealers or traders are settled in any Indian nation with a sufficient stock of merchandizes, the commissioners aforesaid are hereby required to withdraw the publick effects out of such town or nation, and confine their trade to the said three factories, as the said Indian nations become supplied by private traders. XXVIII. And be it further enacted by the authority aforesaid, That the assessors appointed by the Act commonly called the Tax Act, ratified in open Assembly February the 20th, 1718-9, shall, and they are hereby appointed and impowered to rate and assess all such persons as they are by that Act appointed to rate and assess for the tax to be paid in May, 1719, for the sum of five thousand pounds over and above what such persons are appointed to be rated and assessed at by virtue of the said Act, and after the same manner and method in every respect as is therein prescribed, any thing in that Act to the contrary contained in any wise notwithstanding. XXIX. And be it further enacted by the authority aforesaid, That Three commis- Colonel Thomas Broughton, Colonel George Logan, and Ralph Izard, sioners appoint- Esq., and they only, are hereby appointed commissioners to receive the ed to receive the taxes. several taxes, amounting in the whole to the sum of seventy-five thousand pounds, appointed to be paid by virtue of this and of one other Act, commonly called the Tax Act, ratified in open Asssembly, February the 20th, 1718-9; and they or any two of them shall have and are hereby invested with the same full powers and authorities in every respect and to all intents and purposes as is given to the nine commissioners for that purpose appointed in and by the aforesaid Act, any thing therein contained to the A. D. 1719. contrary in any wise notwithstanding. Indian trade. XXX. And be it further enacted by the authority aforesaid, That the £5000 to be commissioners last above named shall and they are hereby impowered appropriated to and required to appropriate the sum of five thousand pounds, part of the enlarging the sum arising by the first tax, appointed to be paid them in May, 1719, stock of the pursuant to the directions of this or any other Act now in force in this Province, for and towards increasing and enlarging the stock of the commissioners of the Indian trade, and to and for no other use, intent or purpose whatsoever; any thing in this or in any other Act of this Province to the contrary thereof contained in any wise notwithstanding. XXXI. And be it further enacted by the authority aforesaid, That the sum of two pounds per cent. of the whole tax, amounting to the sum Two per cent. of seventy-five thousand pounds, shall be and is hereby allowed and appro- of the whole priated for and towards satisfying and paying the commissioners by this tax appropriated to pay Act appointed for receiving of the said tax, and for payment of the clerks commissioners. and messenger that shall attend them in that business; any thing in this or any other Act of this Province to the contrary contained in any wise notwithstanding. the XXXII. And be it further enacted by the authority aforesaid, That in case any inquisitor appointed for any parish or precinct within this Pro Provision in vince by virtue of the Act commonly called the Tax Act, shall die, go off case of death of any inquisitor. this Province, or be any way rendered uncapable of performing such his duties, that then and in such case, the other inquisitor or inquisitors of any such parish or precinct shall, and he or they are hereby required to choose another fit person to be an inquisitor for the same parish or precinct, who shall be sworn to act as such, according to the directions of the aforesaid Act; which inquisitor or inquisitors so chosen and sworn shall have the same full powers and authorities, and be under the same directions and penalties, as the other inquisitors named in the same Act. case of accident XXXIII. And whereas, there is an absolute necessity at this juncture of sending some proper goods to and among our friendly Indians, which said Provision in goods cannot be supplied by the commissioners of the Indian trade, but befalling the may be had and taken up for the service of the publick of and from Messrs, goods. Godin and De la Conseillere, merchants, in Charlestown; and whereas, several of the inhabitants of this Province have subscribed to pay as much money as will purchase the said goods, and give their bonds to the said Godin and De la Conseillere for payment of the respective sums of money in such bonds particularly mentioned, and it being highly just and reasonable that all those persons should be so secured that their particular private estates may not be made liable to suffer any loss or damage for such an action of theirs done for the service of the publick; Be it therefore enacted by the authority aforesaid, That in case of any unforeseen accident befalling the said goods, so that the said commissioners of the Indian trade cannot be able to repay those inhabitants aforesaid who have engaged themselves as above mentioned to pay Messrs. Godin and De la Conseillere for the said goods, so to be sent among our friendly Indians, that then the said inhabitants shall be fully satisfied and paid out of the publick treasury of this Province the several respective sums of money they have engaged to pay the said Messrs. Godin and De la Conseillere, for the aforesaid goods. XXXIV. And be it further enacted by the authority aforesaid, That all the fines and forfeitures mentioned in this Act, and not before particu- Distribution larly disposed of and the manner of the recovery directed by this Act, the of fines and one half thereof shall be and belong to the commissioners aforesaid, to be forfeitures. A. D. 1719. paid to the cashier of the publick trade, for and towards the maintenance and support of the said three garrisons or factories, and the other half to him or them that shall sue for the same within six months after the offence committed, by action of debt, suit, bill, plaint or information, in any court of record in this Province, wherein no essoign, protection, privilege, injunction, or wager of law or stay of prosecution by non vult ulterius prosequi, or otherwise, shall be admitted or allowed. Persons sued gen XXXV. And be it further enacted by the authority aforesaid, That if any action, claim, suit or information, shall be commenced or prosecuted may plead the general issue. against any person or persons for what he or they shall do in pursuance or execution of this Act, such person or persons so sued may plead the eral issue of not guilty, and upon issue joyned, give this Act and the special matter in evidence, and if the plaintiff or prosecutor shall become nonsuit, or suffer discontinuance, or if a verdict pass against him, the defendant or defendants shall recover his or their treble costs, for which he or they shall have the like remedy as in any case where costs by law are given to the defendants. XXXVI. And be it further enacted by the authority aforesaid, That Acts heretofore one Act of Assembly of this Province, entituled an Act for the better regulation of the Indian Trade, by impowering the commissioners therein named to manage the same for the sole use, benefit and behoof of the publick, ratified in open Assembly the thirtieth day of June, one thousand seven hundred and sixteen-as also one other Act intituled an Additional Act to an Act entituled an Act for the better regulation of the Indian trade, by impowering commissioners to manage the same, for the sole use, benefit and behoof of the publick, ratified in open Assembly the fifteenth day of December, one thousand seven hundred and sixteen-and also one other Act of Assembly, entituled an Act to continue two certain Acts of Assembly of this Province therein mentioned, ratified in open Assembly the eleventh day of December, one thousand seven hundred and seventeen-and every clause, article or sentence, and all and every word, matter and thing contained in any of the said recited Acts, be from henceforth repealed, annulled, revoked, and for ever made void; any thing in the said Acts, or any continuance or limitation in any of them, to the contrary whatsoever in any wise notwithstanding. this Act. XXXVII. And be it further enacted by the authority aforesaid, That Limitation of this Act and every thing therein contained shall be in force from and after the ratification hereof untill the full term and time of five years, and from thence to the end of the next sessions of the General Assembly after, and no longer. Read three times and ratified in open Assembly, this 20th day of March, 1718-9. ROBERT JOHNSON, THO. BROUGHTON, (The Acts of 1719 and 1719-20 do not profess to be ratified in the usual way, but are merely assented to by the Governor. The usual numbering with red ink is no longer continued. I have therefore numbered the succeeding Acts in sequence to the preceding, and filled up the titles, where wanting, from Trott's Laws of South Carolina.) AN ACT FOR REMOVING ALL QUESTIONS AND DISPUTES CONCERNING THE FOR preventing all doubts and scruples which may in any wise arise concerning the meeting, sitting and proceeding of this present Assembly; I. Be it declared and enacted by the Honourable James Moore, Esq. Governour, by and with the advice and consent of the Council and Representatives of the inhabitants of the said settlement, now assembled at Charlestown, and by the authority of the same, That the Representatives of the said Settlement, convened at Charlestown, the seventeenth day of December, Anno Domini one thousand seven hundred and nineteen, and there sitting, together with the Council on the twenty-first day following of the same month, are the two Houses of Assembly of the said Settlement, and so shall be, and are hereby declared, enacted and adjudged to be, to all intents, constructions and purposes whatsoever, notwithstanding any want of writ or writs of summons, or any other defect of form or default whatsoever, as if they had been summoned according to usual form; and that this present Act and all other Acts to which the assent of the present Governour, the Honourable James Moore, Esq. shall at any time be given, before the next prorogation after the said twenty-first day of December, shall be understood, taken and adjudged in law to begin and commence upon the said twenty-first day of December, on which day the said James Moore, Esq. at the request and by the advice of the said Council and Representatives, did on the behalf and in the name of his Majesty King George, accept of the Government of the said Settlement. I do on His Majesty's behalf, assent to this Act: this 23d December, A. D. 1719. JA. MOORE. A. D. 1719. No. 402. AN ORDINANCE for the Repayment of those persons who have No. 403. subscribed and agreed to pay Capt. JOHN GENDROON Rice for the use of the Agent in Great Britain. (Passed Jan. 30, 1719-20. The original not now to be found.) AN ORDINANCE for ADJOURNING The next GENERAL SESSIONS. WHEREAS, in and by an Act entituled an Act for the Adjournment of the General Sessions to be holden on Wednesday the eighteenth of this instant October, and for the directing how the General Sessions may at any time be adjourned for the future-ratified in open Assembly the eighteenth day of October, in the year of our Lord one thousand seven VOL. III.-13. No. 404. A. D. 1719. hundred and four-it is, among other things in the said Act contained, provided and enacted that at any time after the ratification of the said Act the General Sessions may be adjourned by an Ordinance of the General Assembly, and not otherwise; as in and by the above recited Act, reference being thereunto had, doth and may more fully and at large appear: And whereas, it is found that the list of the grand jurymen for this settlement wants some regulation before those jurors can conveniently be drawn, by means whereof there is a necessity of adjourning the General Sesssions, which is to be holden on Wednesday the sixteenth day of March next, to some farther time; I. It is therefore ordained, by the concurrence of the Governour and Council and the Representatives of the inhabitants of this Settlement in South Carolina, and by the authority of the same, That the General Sessions appointed to be held on Wednesday the sixteenth day of March next, shall, by order of the honourable the Governour and Council, be adjourned to the last Wednesday in April, which shall be in the of our year Lord one thousand seven hundred and twenty. Assented to in the Upper House. HEPWORTH, SPEAKER. No. 405. AN ACT FOR PREVENTING THE EmbezelMENT OF THE PUBLICK RECORDS THIS SETTLEMENT, AND FOR OBTAINING THE SAME OUT OF THE Preamble. OF HANDS OF SUCH PERSONS AS NOW HAVE THE CUSTODY THEREOF. (Passed February 12, 1719: Trott says 1719-20-but the original is not in conformity to the double stile of the historical and civil year. The same remark applies to some of the subsequent Acts.) WHEREAS, nothing is more necessary for the well-being of a Colony than the preservation of the publick records, whereby the titles of the several inhabitants to their estates are secured, and their minds quieted; but sundry evil-disposed and disaffected persons, in open and manifest violation and breach of the several laws of force in this Settlement, and in opposition to the now present establishment, have made away with several of the publick and private Acts of Assembly, as also all the records of grants, mortgages, registries, and other titles of the several inhabitants to their respective lands, as also all the original wills, and divers other publick records of this Settlement, or concealed the same, so that they cannot be come at or got, to the manifest and great injury of all the inhabitants thereof; I. Be it therefore enacted, by the Honourable James Moore, Esq. Governour, with the advice and consent of the Council and RepresentaPenalty for tives of the inhabitants of the said Settlement of South Carolina, now met embezzling or concealing the in General Assembly in Charlestown, and by the authority of the same, records, £1000. That if any person or persons whomsoever who hath the custody or keeping of such publick records at the time of the ratification of this Act, or that had the custody or keeping of the same since the twenty-first day of December last, or who knows where such records are concealed, or is privy any ways to such concealment, and doth not, or shall not, within six days after the ratification of this Act, produce and deliver the same to William Blakewey, Esq. the present Secretary, or discover where such records are concealed, and by whom, then such person or persons and |