A. D. 1754.

No. 824. AN ACT TO DIVIDE THE PARISH OF ST. JAMES SANTEE, IN CRAVEN County, and FOR ESTABLISHING ANOTHER PARISH IN THE SAid County, BY THE NAME OF THE PARISH OF ST. STEPHEN, AND APPOINTING THE CHAPEL OF EASE IN THE SAID PARISH OF ST. STEPHEN TO BE THE PARISH CHURCH, AND DECLARING THE CHAPEL OF EASE AT ECHAW, IN THE PARISH OF ST. JAMES SANTEE, TO BE THE PARISH CHURCH, AND FOR APPOINTING COMMISSIONERS TO ERECT A CHAPEL OF EASE NEAR WAMBAW Bridge, in the said Parish of St. James Santee, and FOR ASCERTAINING THE NUMBER OF MEMBERS TO REPRESENT THE INHABITANTS OF THE SAID PARISHES RESPECTIVELY IN THE GENERAL ASSEMBLY OF THIS PROVINCE, AND FOR APPOINTING COMMISSIONERS FOR THE HIGH ROADS IN THE SAID PARISHES RESPECTIVELY.

Preamble.

Division of the

parish of St. James Santee,

in Craven county.

Parish of St.
Stephen.

WHEREAS, the inhabitants of the parish of St. James Santee, in Craven county, by their petition to the General Assembly, have represented many inconveniencys which they labour under for want of having the said parish divided, and prayed that a law may be passed for that purpose; we therefore humbly pray his most sacred Majesty that it may be enacted,

I. And be it enacted, by his Excellency James Glen, Esq., Governor-inchief 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 immediately from and after the passing of this Act, the parish of St. James Santee, in Čraven county, shall be divided into two parishes, in the following manner, that is to say: the broad road leading from Strawberry to the ferry commonly known by the name of Skrine's ferry, where the parish line crosses the said road, and from thence along the present road leading to the said ferry, till the said road reaches a post with three notches in it, being the mark of a boundary between the plantation of John Gendron, Esq. and the plantation where the said Skrine's ferry was kept, as aforesaid, and from thence to continue the same course in a direct line to Santee river; and all the lands which are situate on the west side of the line hereby directed to be made shall be a distinct parish by itself, separate from the other part of the parish of St. James Santee, and shall hereafter be called and known by the name of the parish of St. Stephen; and the inhabitants of the said parish of St. Stephen shall and may have, hold and enjoy all the rights, privileges and immunitys that the inhabitants of any other parish doth or can have, hold or enjoy, by any law or laws of this Province.

II. And be it further enacted by the authority aforesaid, That the chapel The chapel within the district and limits of the said parish of St. Stephen, intended to in St. Stephen be hereby separated from the parish of St. James Santee, shall forever declared to be the parish hereafter be, and is hereby declared and appointed to be, the parish church church. of the said parish of St. Stephen.

III. And be it further enacted by the authority aforesaid, That Mr. DanCommissioners iel Horry, Mr. John Mayrant, Mr. Tacitus Gaillard, Mr. John Gendron, jr. nominated for and Mr. Edward Jermayn, or any three of them, shall be, and they are erecting a chapel of ease. hereby appointed, commissioners for erecting a chapel of ease near Wam

baw bridge, in the parish of St. James Santee; and they are hereby

impowered to take subscriptions, and to receive, gather, collect and sue for A. D. 1754. all such sum and sums of money as any pious and well disposed person shall give and contribute for building the said chapel.

IV. And be it further enacted by the authority aforesaid, That the Chapel of ease chapel of ease at Echaw, in the said parish of St. James Santee, shall at Echaw deforever hereafter be, and is hereby declared to be, the parish church of St. clared to be the James Santee; and the rector or minister of the said parish of St. James parish church Santee for the time being, shall be and he is hereby obliged, enjoined and Santee. required to preach and perform divine service at the said church, and at the chapel of ease to be erected near Wambaw bridge, alternately.

of St. James

be chosen in

V. And be it also enacted by the authority aforesaid, That the rector or minister of the said parish of St. Stephen shall be elected and chosen in The minister to the same manner as the rectors or ministers of the several other parishes the usual manin this Province are elected and chosen; and shall have yearly paid him ner, with a salthe sum of one hundred pounds proclamation money as a salary, out of the ary of £100, proclamation fund appropriated or to be appropriated for payment of the salarys of the money. clergy in this Province; and the public treasurer of this Province, for the time being, is hereby authorized, impowered and required to pay the same, To be paid by the public under the like penaltys and forfeitures as for not paying the salarys due to the other rectors and ministers of the several other parishes in this Province; and the said rector or minister of the parish of St. Stephen shall have and enjoy all and every such privileges and advantages, and shall also be under such rules, laws and restrictions, as the rectors or ministers of the other parishes in this Province have and enjoy, or are subject and liable unto.

treasurer.

maintained at

VI. And be it further enacted by the authority aforesaid, That the expence of maintaining the poor at present upon the parish of St. James The poor to be Santee shall be borne and defrayed equally by the inhabitants of both the equal exparishes, and that all such moneys as have been received by the vestry of pense of both St. James Santee, for parochial charges, as have not been already expend- parishes. ed, be equally divided between the said parishes of St. James Santee and St. Stephen.

St. James to

VII. And to prevent any disputes that may arise between the said parishes concerning their choosing of members to represent them in the Gen- The parish of eral Assembly of this Province, Be it enacted by the authority aforesaid, send two memThat the inhabitants of the parish of St. James Santee, qualified by the bers of AssemElection Act, shall choose and send two members of Assembly, and the bly, and the inhabitants of the said parish of St. Stephen shall choose and send one Stephen one. parish of St. member of Assembly, and no more; any law, usage or custom to the contrary thereof in any wise notwithstanding: And that writs for the electing of members to serve in the General Assembly, for each of the said parishes, shall be issued in the same manner and at the same time as for the several other parishes in this Province, pursuant to the directions of the Act entitled "An Act to ascertain the manner and form of electing members to represent the inhabitants of this Province in the Commons House of Assembly, and to appoint who shall be deemed and adjudged capable of choosing and being chosen members of the said House."

Commissioners

VIII. And be it further enacted by the authority aforesaid, That Daniel Horry, Theodore Gaillard, Alexander Chovine, Tacitus Gaillard, Edward Jermyn, John Mayrant, John Gendron, Jr., Thomas Hall and Peter nominated for Roberts, shall be, and they are hereby appointed, commissioners for the the high roads. high roads in the said parish of St. James Santee; and that Rene Peyre, Charles Cantey, Samuel Peyre, John Palmer, Samuel Cordes, Peter Porcher and Isaac Porcher, shall be, and they are hereby appointed, commissioners for the high roads in the parish of St. Stephen; and the road which divides the said parishes, as aforesaid, shall be kept in repair by the inhabVOL. IV.-2.

Commissioners dying or removing.

A.D. 1754. itants of both parishes. And the said commissioners, for the said parishes respectively, shall have the same powers and authoritys for laying out, making and keeping in repair the roads in the said parishes, and shall be subject and liable to the like penaltys and forfeitures, as the commissioners for the high roads in the other parts of this Province have or are subject and liable unto, by the laws of this Province; and in case any of the commissioners appointed by this Act shall happen to die, depart this Province, or refuse to act, it shall and may be lawful for the remaining commissioners to nominate and appoint another commissioner or commissioners in the room of him or them so dying, departing this Province, or refusing to act; and the commissioner or commissioners so nominated and appointed shall have the same powers and authoritys, and be subject to the same penaltys and forforfeitures, as the commissioners appointed by this Act.

JAMES MICHIE, Speaker.

In the Council Chamber, the 11th day of May, 1754.

Assented to:

JAMES GLEN.

No. 825. AN ACT appointing Commissioners for repairing and keeping in repair the bridge over Combee river, from the causey to the town of Radnor, and Commissioners for rebuilding and keeping in repair the bridge over Wappoo creek in the parish of St. Andrew, and declaring the said bridge and Hooper's bridge, in the said parish of St. Andrew, to be parish bridges, and for appointing Commissioners for the said bridge. (Passed May 11, 1754. See last volume.)

No. 826. AN ACT FOR APPLYING THAT FIFTH PART OF THE TAX IMPOSED BY THE GENERAL DUTY LAW ON THE FIRST PURCHASERS OF NEGROES AND OTHER SLAVES IMPORTED, WHICH WAS APPLIED AS A BOUNTY ΤΟ BE GIVEN FOR THE BUILDING OF SHIPS AND AS AN ENCOURAGEMENT ΤΟ SHIP-WRIGHTS AND CAULKERS TO BECOME SETTLERS IN THIS PROVINCE, TO THE USES THEREIN MENTIONED; AND FOR BUILDING A PEST HOUSE AND ERECTING A BEACON; AND FOR APPOINTING AND IMPOWERING COMMISSIONERS TO EXECUTE THE SAME, AND TO PURCHASE A PIECE OF LAND CONVENIENT FOR THOSE PURPOSES, AND FOR PURCHASING A PIECE OF LAND IN CHARLESTOWN, AND FOR BUILDING ANOTHER POWDER MAGAZINE THEREON.

WHEREAS, in and by an Act of the General Assembly of this ProPreamble. vince, passed the fourteenth day of June, in the year of our Lord one thousand seven hundred and fifty-one, 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 A. D. 1754. former Act or Acts of the General Assembly of this Province," it is, among other things, enacted, that one-fifth part of the tax imposed by the said Act on the first purchasers of negroes and other slaves imported, shall be 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, to be paid in such manner and proportion as should be directed and appointed by resolution or order of the General Assembly, or otherwise : And forasmuch as the appointing such bounty hath not answered the intention of the Legislature, as it hath not proved any encouragement, either to the building of ships, or for shipwrights and caulkers to become settlers in this Province, no application having ever been made to the General Assembly for any part of the same; and as the applying of the said fifth part of the said tax to the uses hereinafter mentioned will be more beneficial to this Province, we humbly pray his most sacred Majesty that that it may be enacted,

the benefit of

I. And be it enacted, by his Excellency James Glen, Esquire, Governorin-chief and Captain General in and over the Province of South Carolina, Appropriation by and with the advice and consent of his Majesty's Council, and the of £4,722 88. Assembly of the said Province, and by the authority of the same, That 2d. now in the public treasury, the sum of four thousand seven hundred and twenty-two pounds eight to the expence shillings and two pence, now in the public treasury, being part of the said of surveys for fifth part of the said tax, shall be and is hereby appropriated and applied the poor Protoward the payment of the expence of surveying and running out lands, testant settlers. and the passing of grants to such poor Protestants as have settled in this Province since the time of passing the above recited Act; and that the sum of one thousand and sixty-four pounds eleven shillings and eleven pence, being the residue of the said fifth part of the said tax which was in the public treasury on the twenty-ninth day of September last, shall be £1064 11s. 11d. and is hereby appropriated and applied toward defraying the charges of appropriated to the expences of this Government, from the twenty-fifth day of March, in the year of our the governLord one thousand seven hundred and fifty-three, to the twenty-fifth day ment. of March, one thousand seven hundred and fifty-four; any thing contained in the said recited Act to the contrary thereof in any wise notwithstanding.

The residue,

of the said fifth

II. And be it further enacted by the authority aforesaid, That the annual income of the said fifth part of the said tax, to be computed from the said The annual intwenty-ninth day of September, one thousand seven hundred and fifty-come hereafter three, shall hereafter be, and is hereby, appropriated and applied for the part of the tax building of a pest house, and erecting a beacon or land mark, in the man- to be applied to ner hereinafter directed and appointed, and for purchasing a piece of land building a pest convenient for those purposes, and to and for no other use, intent or ting a beacon. purpose whatsoever; any thing in the said recited Act contained to the contrary thereof notwithstanding.

house and erec

III. And be it further enacted by the authority aforesaid, That the commissioners for regulating the pilotage in the port and harbor of Charlestown, Commissioners of pilotage for the time being, or a majority of them, shall be and they are hereby made commis nominated and appointed commissioners for building the said pest house, sioners for the above purposes and erecting the said beacon or land mark, and purchasing a piece of land convenient for those purposes as aforesaid; and the said commissioners shall have power, and they are hereby fully impowered and authorized, to purchase any piece of land properly situated for the purposes aforesaid, which shall be conveyed to his Majesty, his heirs and successors, for the use of the said pest house and beacon, and for such other public uses as may or shall at any time hereafter be appointed by the Legislature of

this Province.

A. D. 1754.

The same.

Monies hereby

IV. And be it further enacted by the authority aforesaid, That the said commissioners shall also have power and authority, and they are hereby fully authorized and impowered, to build the said pest house, and erect the said beacon or land mark, upon such land, in such manner, of such dimensions, and with such materials, as they shall think most expedient.

V. And be it further enacted by the authority aforesaid, That all such moneys as shall come into the treasurer's hands, which are to be applied appropriated to to the purchasing land, and erecting a pest house and beacon as aforesaid, be paid to the shall be paid every six months into the hands of the aforesaid commisevery 6 months. sioners, or a majority of them, for the uses aforesaid; which moneys the said public treasurer is hereby directed, enjoined and required to pay out of the moneys arising from the said fifth part of the said tax; any law, usage or custom, to the contrary thereof in any wise notwithstanding.

commissioners

magazine.

VI. And whereas, the present powder magazine in Charlestown is not Commissioners sufficient to contain the public store of gun powder, and the powder of fortifications belonging to private persons, which, for the safety of the said town, is by to build another law enjoined to be stored in the magazine, Be it therefore further enacted by the authority aforesaid, That the commissioners for building and repairing the fortifications in this Province, or a majority of them, shall have power, and they are hereby fully impowered, to purchase a piece of land near the work house in Charlestown, within the line at the north end of the said town, and to build another magazine upon the said land, which shall be made with bricks, and of such dimensions and in such manner as they the said commissioners shall think convenient.

purpose.

VII. And be it further enacted by the authority aforesaid, That the sum of two thousand five hundred and thirteen pounds and fourteen shillings, Appropriations made for that now in the hands of the powder receiver of this Province, arising from the sale of gun powder out of the public store, and such other moneys as may hereafter be raised by the sale of gun powder out of the public store, by resolution or order of the General Assembly of this Province, shall be and is hereby applied toward defraying the expence of purchasing the said piece of land and building the said magazine; and the said powder receiver is hereby directed and required to pay the same to the said commissioners for that service; and the remaining part of the said expence shall be defrayed out of the fund appropriated for building and repairing the fortifications in this Province; and the public treasurer of this Province shall be, and he is hereby obliged and required to pay the said commissioners so much money out of the said fund as will be sufficient to defray the remaining part of the expence of purchasing the said piece of land, and building and finishing the said magazine.

JAMES MICHIE, Speaker.

In the Council Chamber, the 11th day of May, 1754.

Assented to: JAMES GLEN.