A.D. 1755. directed, then to seize all and every such ships and other vessels or boats, Exporter to declare to what port bound. Fee of the comptroller. and also the corn, pease, flour, bread, biscuit, beef, pork or bacon, live stock, or any other provisions or warlike stores found on board the same, and to secure the same until condemned or delivered by due course of law, and in case of recovery to be divided according to the direction of this Act III. Provided, That this Act or any thing therein contained shall not extend to any of the said commodities which shall be exported or shipped to be exported out of or from this Province to any port or place whatsoever, except to the dominions of his most Christian Majesty, so as the exporter do, before the shipping the same, declare the port or place for which the said commodities are respectively designed, and do become bound with other sufficient security in treble the value thereof, to the comptroller of the country duties of the port or place where the same shall be shipped, who has hereby power to take such security in his Majesty's name, to his Majesty's use, for the service of this Province, that such commoditys shall not be landed or sold in any port or place subject to his most Christian Majesty, which bond shall be forfeited unless a certificate shall be produced to the comptroller of the country duties to whom bond was given, within eighteen months after the date of such bonds, from two of the principal officers of his Majesty's customs in the port where the same be landed, that the corn, pease, flour, bread, biscuit, beef, pork or bacon, live stock, or any other provisions or warlike stores, laden on board the ships and vessels or boats, for which bond was given as aforesaid, have been landed in some part of his Majesty's dominions, the dangers of the seas excepted; or unless affidavits by the master or mate, with any one of the mariners, taken before the Governor or other magistrate, authenticated under the provincial seal or certified by a public notary, that the said commoditys have been landed in some foreign port or place not belonging to his most Christian Majesty. IV. And be it also enacted, That it shall be lawful for the comptroller aforesaid to receive a fee of twenty shillings current money, for his trouble in taking the bond and cancelling the same, and no more. Assented to the 14th day of May, 1755. B. SMITH, Speaker. JAMES GLEN. No. 835. AN ACT for raising and granting to his Majesty the sum of sixty-two thousand one hundred and thirty-four pounds sixteen shillings and ten pence half penny, and for applying the sum of three thousand and twenty-one pounds three shillings and eight pence (being the balance in the general duty fund) making together the sum of sixty-five thousand one hundred and fifty-six pounds and six pence half penny, for defraying the charges of this Government for one year, ending the twentyfourth day of March last, and toward repairing the old and building new fortifications in this Province, and for other services mentioned in the schedule to this Act annexed; and also to enable the Public Treasurer for the time being to issue certificates, payable out of the Fortification Fund, for the more immediate repairing and building the said fortifications: And also for raising and granting to his Majesty the further sum of thirty-three thousand and six hundred pounds current money, (which with the sum of eight thousand and four hundred pounds, provided for A.D. 1755. this service in the schedule aforesaid, is equal to six thousand pounds sterling,) as the contribution of this Province to a common fund to be employed provisionally for the general service in defending his Majesty's just rights and dominions in North America; and appointing Commissioners for stamping and signing Public Orders for the more immediate and expeditious issuing of the said sum of thirty-three thousand and six hundred pounds; and providing a fund for sinking the said Public Orders in five years, by a general tax and assessment on the estates, real and personal, of the inhabitants of and others interested in this Province. (Passed May 20, 1755. Omitted.) AN ORDINANCE IMPOWERING THE GOVERNOUR, HIS MAJESTY'S COUN- No. 836. CIL, AND THe other peRSONS THEREIN NAMED, to settle and regulATE FORASMUCH as by the latest accounts from the nation of Creek Indians, the subjects of the French King are incessantly labouring to seduce those Indians from the British interest; and forasmuch as the most likely means of preserving the friendship of the said Indians, and continu- Preamble. ing them in amity with this Government, will be to supply them with British manufactures, and at as cheap and easy rates as can be afforded; and forasmuch as it is expected that several of the chiefs or head men of the said nation will soon be in Charlestown in order to have their trade settled and the prices of goods reduced; we therefore humbly pray his most sacred Majesty that it may be ordained, nominated who I. And be it ordained, by his Excellency James Glen, Esq. Governourin-chief of the Province of South Carolina, by and with the advice and consent of his Majesty's Council and the Commons House of Assembly of the said Province, and by the authority of the same, That the Governour or Commander-in-chief of this Province for the time being, and his Majesty's Council, with the advice and consent of Benjamin Smith, Henry Commissioners Middleton, James Michie, John Rattray, Charles Pinckney, junior, George may settle with Austin, John Savage, John Guerard, James Skirving, David Grame and the Creek Thomas Lamboll, Esquires, members of the General Assembly, or a ma- nation. jority of the said members, shall have power and authority, and they are hereby fully authorized and impowered, to settle and regulate with the chiefs or head men of the Creek nation, when they shall come to Charlestown, the trade to be carried on in the said nation by such of the traders as now have or hereafter shall have licences from this Province to trade in any part of the said nation; and also to appoint, set and ascertain the And fix the rate or price, and rates or prices, of all and every article and articles of prices of goods, wares and merchandize, that shall be carried to the said nation by the traders licenced from this Province; provided, that nothing herein contained shall extend, or be construed to extend, to give any power or authority for lessening or reducing the present number of traders to the said nation, licenced from this Province, unless it shall appear absolutely neces- traders not to rary for the peace and safety of this Province that the number of the said be reduced untraders be lessened or reduced, in which case his Excellency the Gover- less it be absɑlutely necessanour, his Majesty's Council, and the members aforesaid, or a majority of the ry. articles, Number of A. D. 1755. said members, are hereby authorized and impowered to lessen and reduce the said number, in such manner and upon such terms as shall be by them thought most proper to answer the purposes aforesaid. A schedule of prices to be an nexed to each licence. II. And be it also ordained by the authority aforesaid, That the commissioner of Indian affairs shall be, and he is hereby obliged and required to annex a list or schedule of the prices of the goods, wares and merchandize so to be appointed, set and ascertained as aforesaid, to every licence that shall be granted from his said office, for trading in any part of the said nation; and shall also make it an instruction to every trader, to deal, trade, traffic or barter with the said Indians, according to the rates and prices mentioned and comprised in the said list or schedule; and the said commissioner shall also make it part of the condition of the bond entered into by the trader upon obtaining his licence, that he will deal, trade, traffick or barter with the said Indians conformably to the said instruction; and upon breach of such instruction, the penalty of such bond shall be, and is hereby declared to be, forfeited; any law, usage or custom to the contrary notwithstanding. III. And be it also ordained, That is case any traders have already obtained licences from the said commissioner for trading in the said nation, A schedule of he the said commissioner shall send a list or schedule with an instruction prices to be for- as aforesaid, to all and every such trader and traders, requiring him and them warded to to deal, trade, traffick or barter with the said Indians according to the rates and prices mentioned in the said list or schedule as aforesaid; and in case any such trader shall disobey such instruction, his bond shall be forfeited, in like manner as if such instruction had been made part of the condition thereof; any law, usage or custom to the contrary notwithstanding. traders already licenced. In the Upper House of Assembly, the 23rd day of September, 1755. In the Commons House of Assembly, the 23rd day of September, 1755. JAMES GLEN. No. 837. AN ACT FOR PAYING THE SUM OF THIRTY POUNDS STERLING PER ANNUM, OR THE VALUE THEREOF IN THE CURRENCY OF THIS PROVINCE, TO THE RECTORS OR MINISTERS OF SUCH OF THE PARISHES IN THIS PROVINCE, AS DO NOT OR SHALL NOT RECEIVE A SALARY OR MISSION MONEY FROM THE SOCIETY FOR PROPAGATING THE GOSPEL IN FOREIGN PARTS, AND PROVIDING SALARYS FOR SUCH MINISTERS OF THE GOSPEL AS SHALL PREACH AND PERFOM DIVINE SERVICE AT THE CONGREES AND AT THE WATEREES. Preamble. WHEREAS, the society for propagating the gospel in foreign parts, (whose liberality to the missionarys in this Province is gratefully acknowledged) do not allow salarys to the rectors or ministers who officiate in the parishes that have been lately erected in this Province; and forasmuch as the said society may hereafter think proper to reduce or totally discontinue the salarys which they now appoint to their missionarys, we therefore humbly pray his most sacred Majesty that it may be enacted, has been re I. And be it enacted, by his Excellency James Glen, Esquire, Governor- A. D. 1756. 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 £30 sterling Commons House of Assembly of the said Province, and by the authority per annum to paid to such of the same, That all and every rector or minister of any parish in this ministers Province, (the parishes of St. Michael and St. Philips Charlestown, excep- whose salary ted) who have or hath not received any salary or mission money from the duced, except society for propagating the gospel in foreign parts, or whose salary or in St. Michael and St. Philips. mission money hath been or shall be reduced or totally discontinued by the said society, shall be paid out of the public treasury of this Province the sum of thirty pounds sterling per annum, or the value thereof in the current money of this Province, over and above the salarys granted to the clergy by this Government, or so much as after such reduction shall be equal to thirty pounds sterling. the usual II. 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 To be paid at obliged, enjoined and required to pay the said sum of thirty pounds periods. sterling per annum, or the value thereof in the current money of this Province, or such proportion aforesaid, to the said rectors or ministers as aforesaid, at such times and in like manner, and out of the said fund, as the salarys of the clergy are paid out of the treasury of this Province; any law, usage or custom, to the contrary thereof in any wise notwithstanding. one at Frede III. And whereas, the inhabitants of the Congrees, and the inhabitants of the Waterees, have never had any minister of the gospel to preach £700 per and perform divine service among them, Be it therefore further enacted by annum currenthe authority aforesaid, that the public treasurer of this Province for the cy money to be paid to a time being shall pay to such minister of the gospel of the established minister at the church as shall statedly preach and perform divine service at Saxegotha, Congrees, and or such other centrical place in the Congrees as the commissioners here- as much to inafter named shall direct, and six times a year at least, at the most ricksburgh. populous places within forty miles of the same, the sum of seven hundred pounds current money per annum; and the like sum of seven hundred pounds per annum to such minister of the gospel of the established church, as shall statedly preach and perform divine service at Fredericksburgh, Pine Tree Creek, or such other centrical part in the Waterees as the said commissioners shall direct and appoint, and six times a year at least, at the most populous places within forty miles of the same. IV. Provided always, and be it further enacted by the authority aforesaid, That the nomination and appointment of the said ministers respec- Ministers how tively, shall be by any five or more of the church commissioners, to be nominated. summoned agreeable to the directions of the church Act, who shall be, and are hereby, impowered to draw upon the public treasurer for the salarys given by this Act, half yearly, and the public treasurer shall pay the same out of the fund appropriated for payment of the salarys of the clergy in this Province; any law, usage or custom, to the contrary notwithstanding. B. SMITH, Speaker. In the Council Chamber, the 27th day of January, 1756. Assented to: JAMES GLEN A. D. 1756. No. 838. AN ACT FOR BUILDING A NEW CHURCH IN THE PARISH OF ST. PAUL IN COLLETON COUNTY. WHEREAS, heretofore the parish of St. John, in Colleton county, was part of the parish of St. Paul, at which time the church of St. Paul was situate in or near the centre of the parish, but by dividing the said parish, the church now is in a corner of the parish, to the great inconvenience of the parishoners, who by an humble petition to the General Assembly, have represented the same and prayed relief therein; we therefore humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by his Excellency James Glen, Esquire, Governorin-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 Commons House of Assembly of the said Province, and by the authority of the same, That a church shall be built on or near the new glebe land in the parish of St. Paul, which church, when finished, shall be, and is hereby declared to be, the parish church of St. Paul, to all intents, constructions and purposes whatsoever; any law, usage or custom, to the contrary thereof in any wise notwithstanding. II. And be it further enacted by the authority aforesaid, That John Postell, Francis Wilkinson and George Somers, Esquires, and Mr. James Hartley, Mr. Elijah Postell, Mr. Samuel Elliott, Mr. James Ladson, Mr. Joseph Brailsford and Mr. Francis Yonge, be, and they are hereby appointed, commissioners for building the said church and setting up pews in the same; and they, or any five of them, are hereby fully authorized and impowered to take subscriptions and sue for the same, and to receive, gather and collect all such sum and sums of money as any pious and well disposed person or persons shall give and contribute for the purposes aforesaid; and in case of the death, absence or refusing to act of any of the said commissioners, the remaining commissioners, or any five of them, shall and may nominate and appoint another person or persons to be commissioner or commissioners, in the room or place of such person or persons so dead, absent or refusing to act, as to the said remaining commissioners, or any five of them, shall seem meet, and the person or persons so nominated and appointed shall have the same power and authority for putting this Act in execution, to all intents and purposes, as the commissioners herein named. III. And be it further enacted by the authority aforesaid, That the said commissioners, or any five of them, with the moneys to be collected by the contributions as aforesaid, shall have power, and they are hereby authorized, impowered and required, as soon as conveniently may be, to build the said church and to set up pews in the same, in such manner as they shall think fit, which pews are hereby required to be made as equal in space as can be, and shall be disposed of in the manner following, (that is to say) the persons who shall have contributed most toward building the church, shall be entitled to and have the first choice of the pews in the same; and in cases where it shall happen that several persons have contributed alike, such persons shall draw lots for the choice; and the said commissioners, or any five of them, are hereby impowered and required to convey the said pews to such persons, their heirs and assigns, forever, |