A. D. 1769. fine, public whipping and standing in the pillory, although the principal felon be not before convicted of the said felony, which shall exempt the offender from being punished as accessary, if such principal felon shall be afterwards taken and convicted; any law, usage or custom to the contrary notwithstanding. ces to decide who are enti IV. And be it further enacted by the authority aforesaid, That the judge Judges or justi- or justices (before whom such felons and house-breakers and receivers of stolen goods, knowing them to be such, shall be convicted as aforesaid,) tled to rewards shall determine and settle the right, rights and shares of such respective under this Act. persons, who by virtue of this Act shall be entitled to the certificate and reward herein directed to be given; and shall also (being thereunto required) make out and deliver, or cause to be made out and delivered, the said certificate, without fee or reward, to such person or persons intitled thereunto, before the end of such asssizes or sessions wherein such conviction as aforesaid shall be had. P. MANIGAULT, Speaker. In the Council Chamber, the 23rd day of August, 1769. No. 982. AN ADDITIONAL ACT to "An Act for establishing and maintaining a Watch Company for preserving good orders and regulations in Charlestown." (Passed August 23, 1769. See last volume.) No. 983. AN ACT for establishing a Ferry at the Two Sisters' Bluff on Savanna River, and for laying out and making, and keeping in repair a public Road from the said Bluff to the main Road leading from Coosawhatchie to Purrysburgh. (Passed August 23, 1769. See last volume.) No. 984. AN ACT to incorporate the society commonly called and known by the name of the Fellowship Society. (Passed August 23, 1769. See last volume.) No. 985. AN ACT for laying out a street in Ansonburgh and the parts adjacent thereto, by the name of Boundary Street. (Passed August 23, 1769. See last volume.) No. 986. AN ORDINANCE appointing Commissioners for repairing the bridges over Wappoo Creek in the parish of St. Andrew, and Coosawhatchie Creek lying between the Parishes of Prince William and St. Luke. (Passed August 23, 1769. See last volume.) A.D. 1769. AN ACT FOR REVIVING AND CONTINUING AN ACT ENTITLED AN ACT No. 987. PEALING THE EIGHTH AND PART OF THE SEVENTEENTH CLAUSES OF AN ACT COMMONLY CALLED THE GENERAL DUTY ACT. WHEREAS, an Act of the General Assembly of this Province entitled "An Act to impower certain commissioners therein mentioned to keep clean and in good order and repair the streets in Charlestown, and for establishing other regulations in the said town," passed the tenth day of August, one thousand seven hundred and sixty-four, will expire with the next session of Assembly, and is proper to be continued; we therefore humbly pray his most sacred Majesty that it may be enacted, Preamble. continued for The 8th clause I. And be it enacted, by the Honorable William Bull, Esq., Lieutenant Governor and Commander-in-chief in and over this his Majesty's 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 an Act of the General Assembly of A former Act this Province entitled "An Act to impower certain commissioners therein five years. mentioned to keep clean and in good order and repair the streets of Charlestown, and for establishing other regulations in the said town," be, and it is hereby declared to be, revived, continued and enacted to be of full force and virtue for and during and unto the full end and term of five years from and after the passing of this Act, and from thence to the end of the then next session of the General Assembly; and that the eighth clause of, the Act entitled "An Act for the better strengthening of this Province by of the general granting to his Majesty certain taxes and impositions on the purchasers of duty Act renegroes and other slaves imported, and for appropriating the same to the pealed. 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 duties imposed by any former Act or Acts of the General Assembly of this Province," passed the fourteenth day of June, one thousand seven hundred and fifty-one, which appropriates one-fifth part of the nett sum arising by the said tax, for defraying the expence of surveying and running out lands, and passing grants to such poor Protestants as shall come into this Province to settle, be, and is hereby declared to be, repealed, null and void. Provided always, that in case there shall not be found a sufficient Provision as to sum of money in the treasury appropriated by the said clause, to defray the expence of running out lands and passing grants to such poor Protest- ants' lands. ants as have come into this Province to settle, who have already received their bounty and grants, and also such who have received the bounty and have not yet had their grants, and for the sums already due or hereafter to grow due to the several officers for those services, that then it shall and may be lawful for the public treasurer for the time being, and he is hereby required, to pay the expense of running out lands and passing the said grants, and also the officers' fees for the aforesaid services only, out of any money raised or to be raised by virtue of the said General Duty Act. II. And be it further enacted by the authority aforesaid, That part of the seventeenth clause of the above recited Act, which imposes duties poor Protest A. D. 1769. Part of the 17th clause of the general duty Act repealed. on the following goods and commodities imported into this Province, that is to say, upon every barrel of pork imported, two pounds; upon every barrel of beef imported, ten shillings; on timber, plank, boards, staves, shingles or other lumber, twenty pounds upon the value of every hundred pounds; upon every deer skin, six pence; upon every barrel of pitch, tar and turpentine, one pound; upon every pound weight of indico, one shilling is hereby declared to be repealed and made null and void, to all intents and purposes whatsoever. Provided, the importers of such commodities do, within twenty-four hours after landing, give bond to the public treasurer, with sufficient security, in the penal sum of double the value of the commodity so imported, either to export the same or pay the duties laid thereon by the said Act, within eight months after such importation. P. MANIGAULT, Speaker. In the Council Chamber, the 23d day of August, 1769. WILLIAM BULL. NOTE. As the greater part of this Act is a reviving and repealing Act, in relation to laws on general subjects, not appertaining to the concluding volume exclusively, I have thought fit to insert it here. No. 988. AN ACT FOR THE PRESERVATION OF DEER, AND TO PREVENT THE MIS Preamble. Killing deer prohibited at certain periods. CHIEFS ARISING FROM HUNTING AT UNSEASONABLE TIMES. WHEREAS, many idle, loose and disorderly persons, as well residents as non-residents in this Province, have made and do make a constant practice of wandering up and down the same, and of killing the deer, merely for the sake of the skins, leaving the flesh to rot, whereby wolves and other beasts of prey are brought among the stocks of cattle, hogs and sheep, to the great annoyance and damage of the owners thereof; and whereas, the dangerous practice of hunting and killing of deer in the night time, by carrying of lighted torches through the woods, is now become very common, by means whereof several persons have been killed, and great numbers of all sorts of cattle are frequently destroyed, to the manifest injury of the owners of the same; for remedy thereof, and in order to prevent, as much as may be, the like mischiefs in future, we humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by the Honorable William Bull, Esq., Lieutenant Governor and Commander-in-chief in and over the Province of South Carolina, by and with the advice and consent of the members of his Majesty's honorable Council and the Commons House of Assembly of the said Province, and by the authority of the same, That from and after the passing of this Act it shall not be lawful for any person whatsoever to shoot or kill any doe or fawn, between the first day of January and the last day of July which shall be in any year; nor to shoot or kill any buck, between the first day of September and the last Friday of October, and between the first day of March and the last day of April, in any year; and if any person whatsoever shall presume to hunt, shoot or kill, or otherwise destroy, any buck, doe or fawn, running wild in the woods, within the times hereinbefore respectively limited, every person so offending shall forfeit and pay the sum of two pounds proclamation money for every buck, doe or fawn so killed or destroyed, the same to be recovered before any justice of the peace in the county where such offence shall be committed, A.D. 1769. upon conviction by the oath of one sufficient witness, or on confession of the party, such penalty to be applied and disposed of in the manner hereinafter directed. Provided, that nothing in this Act contained shall extend Friendly Inor be construed to extend to deprive the Indians in amity with this Pro-dians excepted. vince of any right or privilege that they are entitled to, by virtue of any treaty now subsisting between them and this Government. And if any servant or slave, by command of his or her master, mistress or overseer, shall so shoot or kill any deer as aforesaid, the party giving such command shall be liable to the like penalties respectively; and if such servant or slave cannot prove such command, (by a ticket in writing from his or her master, mistress or overseer,) he or she shall receive, by order of such justice of the peace, for every such offence, twenty lashes on the bare back, unless security be given for payment of the fine, within one month after such conviction. Provided always, that it shall and may be lawful for any freeholder or housekeeper, at any time, to kill or cause to be killed any kind of deer in his inclosed grounds, without being liable to any penalty for so doing. Provided also, that nothing in this Act contained shall extend or be construed to extend to any person who shall kill at Any person time any may kill deer any deer for food, for the necessary subsistence of himself or family, so as for food. such person do not sell or dispose of the skin of any deer so killed; and in case any person shall be prosecuted for killing deer within the times prohibited by this Act, and such person shall alledge that he killed such deer for food for the necessary subsistence of himself or family, the burden of the proof shall lie on the person so prosecuted. II. And be it further enacted by the authority aforesaid, That any person Penalty for or persons (the Indians above mentioned only excepted) who shall hereaf- killing deer in ter hunt or kill any deer in the night time, except in their own enclosed the night time. grounds, for every such offence shall forfeit and pay the sum of four pounds proclamation money, to be applied and disposed of in the manner hereinafter directed. distance than 7 dence. be recovered III. And be it further enacted by the authority aforesaid, That if any person, at any time whatsoever, shall hunt or range on any lands whatso- No persons alever, without the consent of the proprietor, at a greater distance from his lowed to hunt or her place of residence than seven miles, every such person so offending at a greater shall forfeit and pay the sum of two pounds proclamation money for every miles from their such offence. All which penalties and forfeitures hereinbefore mentioned place of resishall and may be recovered before any justice of the peace in the county where any of the offences aforesaid shall be committed, and when received shall be divided and paid, one half to and for the use of the poor of the parish where the offence shall be committed, and the other half to the person who will inform for the same; and the oath of Fines and forone credible witness, or the confession of the party accused, shall be feitures, how to allowed as sufficient evidence to convict the offender, by every justice and disposed of. of the peace before whom information shall be made of any of the offences aforesaid. And in case any person so convicted as aforesaid shall refuse or neglect to pay such fine, then it shall and may be lawful for the justice of the peace, before whom he shall be so convicted, to commit snch person to the common goal in Charlestown, or to the county goal, when such shall be built, there to remain, without bail or mainprize, for the space of two months; and where the owners of any lands shall prosecute for any unlawful hunting and ranging on his or her lands, the oath of such owner shall be sufficient evidence to convict the offender, but in that case the whole penalty shall go to the poor of the parish. A. D. 1769. IV. And be it further enacted by the authority aforesaid, That this Act and every thing therein contained shall continue and be of force for the space of five years from the day of the passing thereof, and no longer. P. MANIGAULT, Speaker. Assented to: WILLIAM BULL. In the Council Chamber, this 23d August, 1769. No. 989. AN ACT FOR STAMPING AND ISSUING THE SUM OF ONE hundred anD SIX THOUSAND AND FIVE HUNDRED POUNDS, BEING THE AMOUNT OF THe presENT LAWFUL PAPER BILLS OF CREDIT IN THIS PROVINCE, AND FOR CALLING IN AND EXCHANGING THE PAPER BILLS OF CREDIT NOW OUTSTANDING, WHICH ARE A TENDER BY LAW IN ALL PAYMENTS. WHEREAS, the present lawful paper bills of credit in this Province, amounting to the sum of one hundred and six thousand and five hundred Preamble. pounds, now outstanding, are become old, and, by passing through many hands, obliterated, torn and defaced, so that their denominations are very difficult to be distinguished; we humbly pray your most sacred Majesty that it may be enacted, I. And be it enacted, by the Honorable William Bull, Esq., Lieutenant Governor and Commander-in-chief of the Province of South Carolina, by and with the advice and consent of his Majesty's honorable Council and the Commons House of Assembly of this Province, and by the auCommissioners thority of the same, That Benjamin Dart, John Lloyd, John Parker, appointed. Thomas Evance, Daniel Horry, Benjamin Waring and Thomas Bee, Esqs. be, and are hereby appointed, commissioners to put in execution the several powers and authorities hereinafter mentioned. II. And be it further enacted by the authority aforesaid, That the said Authorized to commissioners shall have power, and they are hereby authorized, to stamp stamp £106,500 the sum of one hundred and six thousand and five hundred pounds, in bills in bills of credit of credit, and with such devices and signatures as they shall think fit, of Form of the bills. the following denominations, (that is to say,) one thousand and seventy bills of the denomination of twenty pounds, two thousand and seven hundred bills of the denomination of ten pounds, two thousand three hundred and fifty-five bills of the denomination of five pounds, three thousand bills of the denomination of two pounds, twelve thousand five hundred and eight bills of the denomination of one pound, twelve thousand five hundred and nine bills of the denomination of ten shillings, fifteen thousand bills of the denomination of seven shillings and six pence, fifteen thousand bills of the denomination of six shillings and three pence, thirty thousand bills of the denomination of five shillings, and thirty thousand bills of the denomination of two shillings and six pence; which bills, according to their respective denominations, from the twenty pounds down to the two pounds, inclusive, shall be of the following tenor, that is to say: (No -) "South Carolina. Pounds. "This bill shall pass current in this Province for the sum of pounds, and shall be a tender in law in all payments for that sum. the day of in the Dated year of his Majesty's reign, Anno Domini 17-." |