I. Be it therefore enacted, by the honorable the Senate and House of A. D. 1783. Representatives, and by the authority of the same, That from and after the passing of this Act the gold and silver coins of the following weight Gold and silver and denominations, shall pass current and be received in payment as a ten- coins of the der in law in this State, at the following value: four shillings and eight weight and depence sterling to a Spanish milled dollar, and at the following relative herein mentionvalue to each other, that is to say: ed, to be a legal tender. A Spanish milled Dollar, 4s. 8d. nominations or II. And be it further enacted by the authority aforesaid, That any person who shall counterfeit, or utter, or attempt to pass, knowing them to be Penalty on counterfeit, any of the aforesaid gold or silver coins, or shall make counterfeiting keep in his or her possession any stamp, die or mould for coining the same, upon being duly convicted thereof shall be adjudged guilty of felony, and suffer death as a felon, without benefit of clergy. III. And be it further enacted by the authority aforesaid, That in all payments for debts contracted before the passing of this Act, to be made in any of the aforesaid gold or silver coins, the same shall be received at the current value of the coin tendered at the time such debt was contracted. In the Senate House, the twelfth day of March, in the year of our Lord one thousand seven hundred and eighty-three, and in the seventh year of the independence of the United States of America. JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. the said coins. AN ACT FOR THE AMENDMENT OF AN ACT COMMONLY CALLED THE No.. 1163. ATTACHMENT ACT. WHEREAS, by an Act commonly called the Attachment Act, the monies, goods, chattels, debts and books of account, belonging to an absent debtor, may be attached by his creditor, but it frequently happens that the absent debtor has neither monies, goods, chattels, debts or books of account, within the State, but is seized and possessed of lands, leasehold estates and chattels, real, within the same, and it is right and proper that such real property should be liable to attachment, to satisfy the just debts and demands of an honest creditor; Preamble. A. D. 1783. hold estates, and chattels real, shall be liable to be attached. I. Be it therefore enacted, by the honorable the Senate and House of Representatives, in General Assembly met, and by the authority of the Lands, lease- same, That all lands, leasehold estates and chattels real, within this State, which are the property of an absent debtor, shall be liable to be attached, to satisfy the just debts and demands of his, her or their creditors, in the same manner, by the same process, and for the same causes, as the monies, goods, chattels, debts and books of account, of an absent debtor, are now liable; so that every benefit and advantage arising to creditors from the said Act, commonly called the Attachment Act, shall be, and they are hereby, extended as well to the real as the personal estate of an absent debtor, in as full and ample a manner as if the real estate of an absent debtor had been made liable to attachment by the said Act. II. And whereas, the benefit of the said Act, commonly called the Attachment Act, is confined to such person or persons as have occasion to commence any suit or action against an absentee, upon judgment, bond, bill, note of hand, book debt, covenant, contract or assumpsit; aud it sometimes happens that one person, after having done considerable damage and substantial injury to another, absconds, and withdraws himself from the limits and jurisdiction of this State, by which the injured party is left without redress, as there is no mode established by the laws of this State for prosecuting the absent wrong-doer to outlawry, or for rendering the property he leaves in this State liable to make good the damage he has committed; for remedy, therefore, and prevention of such injuries, Be it further enacted by the authority aforesaid, That from absentee may and immediately after the passing of this Act, any citizen may sue out a writ of attachment against the real and personal estate of an absentee, for any tort, trespass or injury actually done by such absentee to his, her or their property, real or personal; and the real and personal estate of such absentee shall be, and is hereby made, liable to satisfy the damage sustained by such citizen, by the same process, and in as full and ample a manner, as the personal estate of an absent debtor is by the said Act liable to satisfy the just debt and demands of his, her or their creditor. Estate of an be attached. for tort, trespass, &c. In the Senate House, the twelfth day of March, in the year of our Lord one thousand seven hundred ond eighty-three, and in the seventh year of the independence of the United States of America. JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. No. 1164. AN ACT to regulate the election and appointment of Commissioners of the High Roads in the several Parishes and Districts of this State, and also to regulate the rates of Ferriage at such Ferries which are not established by law. No. 1165. AN ACT for appointing Fire Masters, and other purposes. AN ACT for incorporating the Calvinistic Church of French A. D. 1783. No. 1166. AN ACT for establishing the Ferry therein mentioned. AN ORDINANCE FOR ENFRANCHISING A NEGRO WOMAN AND No. 1167. HER No. 1168. WHEREAS, a negro man named Antigua, a slave, lately belonging to Mr. John Harleston, deceased, was employed for the purposes of procu ring information of the enemy's movements and designs, by John Rutledge, Preamble. Esq. late Governor of this State; and whereas, the said negro man, Antigua, always executed the commissions with which he was entrusted with diligence and fidelity, and obtained very considerable and important information, from within the enemy's lines, frequently at the risk of his life; and whereas, it is but just and reasonable that the said negro man, Antigua, should receive some reward for the services which he has performed for the State; enfranchised. I. Be it therefore ordained, by the honorable the Senate and House of Representatives, in General Assembly met, and by the authority of the Ordained that same, That the said Antigua's wife, named Hagar, and her child, both Hagar and her lately belonging to Mr. John Smyth, shall, forever hereafter, be deemed child be forever and taken as free persons; and they shall be, and are hereby, enfranchised and forever delivered and discharged from the yoke of slavery, to all intents and purposes whatsoever; any law, usage or custom to the contrary thereof in any wise notwithstanding. ordinance. II. And be it further ordained by the authority aforesaid, That this ordi- This a public nance shall be deemed a public ordinance, and all courts in this State are to take notice of the same, without special pleading. In the Senate House, the twelfth day of March, in the year of our Lord one thousand seven hundred and eighty-three, and in the seventh year of the independence of the United States of America. JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. AN ORDINANCE to oblige the male inhabitants, from sixteen to sixty No. 1169. years of age, residing in the upper districts of All Saints and Prince George's Parishes, on or near Waccamaw River, to work on and lay open the navigation of the said River; and for appointing Commissioners for carrying the said Ordinance into execution. (Passed March 12, 1783. See last volume.) VOL. IV.-69. A. D. 1783. No. 1170. AN ORDINANCE to divide the Judges' Fees in the Court of Com mon Pleas and General Sessions of the Peace, equally among all the Judges; and to prevent any Judge who may be hereafter appointed a Delegate to Congress, from receiving the emoluments of both offices. (Passed March 12, 1783. See last volume.) No. 1171. AN ORDINANCE FOR ASCERTAINING AND REGULATING THE OFFICE OF RECEIVER, AUDITOR AND ACCOUNTANT GENERAL OF THE PUBLIC ACCOUNTS; AND FOR OTHER PURPOSES THEREIN MENTIONED. Preamble. Duty of the auditor general. WHEREAS, an ordinance passed the twenty-eighth day of March, in the year of our Lord one thousand seven hundred and seventy-eight, entitled "An Ordinance for appointing a Receiver, Auditor, and Accountant General of the public accounts," is found insufficient for settling and adjusting the same; I. Be it therefore ordained, by the honorable the Senate and House of Representatives, in General Assembly met, and by the authority of the same, That the auditor and accountant general shall, immediately upon entering his office commence a new set of books for the public accounts, to be kept from the first day of January, one thousand seven hundred and seventy-nine, into which he shall proceed to transcribe the debts due to and from the State, dividing and arranging them under proper heads and charges by double entry; and all receipts and disbursements since the said first day of January, one thousand seven hundred and seventy-nine, and for the future, shall be in like manner carefully kept, and properly posted monthly. II. And be it further ordained by the authority aforesaid, That the said Office hours. auditor shall keep his office open from nine to one o'clock, every day, Sundays excepted, to receive all accounts against the public, taking due care that those accounts be attested, (except when the nature of the case will not admit of it,) and certified by the proper officers, commissioners, or superintendents, each account to include such articles only as come properly under one head, in order that vouchers may be kept for different services. report to the General Assembly. III. And be it further ordained by the authority, aforesaid, That the said To examine all auditor shall carefully examine the accounts, and note at the bottom, or accounts, and on paper annexed to each account, all errors, impositions, and such observations as he may find requisite, and report the same to the General Assembly, if sitting, and during their recess to the Governor and Privy Council, once in two months, or oftener, if required, with an alphabetical list, that orders may issue on the treasury for payment. Provided always, that nothing herein contained shall entitle, or be construed to entitle, any public creditor to be paid his demand out of any such monies lodged in the public treasury as may be appropriated for special purposes; provided also, that if no monies should be in the treasury for payment of any such order, and such creditor to whom such order shall be given shall be inclined to receive a treasury indent for the sum so due, then and in such case the commissioners of the treasury, or either of them, may, and they are here Proviso. by authorized and required to, give to such creditor an indent for such sum to him due, bearing an interest of seven per cent. per annum. A. D. 1783. Auditor to sum monies since IV. And be it further ordained by the authority aforesaid, That the said auditor is hereby authorized and required, by notice in writing, to summon mon all persons before him, in order to account and settle with, all and every person and who have repersons who have received any public monies, either out of the treasury ceived public or from any officer, civil or military, for the use of the public, since the first 1st June, 1775, day of June, one thousand seven hundred and seventy-five; and every to account. such person and persons neglecting or refusing to appear and produce their accounts and vouchers, and settle the balances due, by immediate payment of the same into the treasury, the auditor, in such case, is hereby required to deliver the account of such balance to the State's attorney gen eral, who shall forthwith proceed to a prosecution for the recovery thereof. V. And be it further ordained by the authority aforesaid, That his Excellency the Governor, by and with the advice and consent of the Privy Council, is hereby authorized and empowered to appoint one commis- District comsioner in each of the circuit districts of this State; which commis- missioners to be appointed. sioners, respectively, are empowered to receive and adjust all accounts against the public of this State, up to the first day of January last, and to arrange the same alphabetically, and number them, in the most orderly manner, together with the vouchers accompanying them, and return a schedule thereof, with such remarks on each account as may be thought necessary, into the auditor's office, who shall adjust and finally settle the same, with the remarks on each account hereinbefore directed; and that each commissioner, as aforesaid, on passing each and every account, shall give the proprietor a certificate of the following tenor, viz. "I do certify that I have received accounts and vouchers against the public from A. B., to the amount of which said accounts and vouchers I shall return to the auditor's office." commissioners. VI. And be it further ordained by the authority aforesaid, That each of the said commissioners shall give public notice in writing, as soon as Pay of the may be, of the places and times at which they will attend to receive such accounts; that they be allowed the sum of sixty dollars each per month for their services; and that no accounts shall be by any of them received, nor the salary of any of them continued, after the fifteenth day of August next. VII. And be it ordained by the authority aforesaid, That the said auditor What accounts shall audit and keep the public store accounts, the arsenal accounts, powder the Auditor shall keep. receiver's accounts, and the accounts of all commissioners appointed or that may be appointed for transacting any public business. Salary of the VIII. And be it further ordained by the authority aforesaid, That the said receiver, auditor and accountant general, shall be allowed a salary of Auditor and one thousand six hundred dollars per annum, as a full compensation for his his clerk. services and all expenses incidental to his office; that he be allowed one standing clerk, with a salary of six hundred Mexican dollars per annum, and, upon business of emergency, the Governor and Privy Council may appoint one clerk extraordinary; provided, that no person who shall be chosen to serve as auditor and accountant general, shall, hereafter, during his continuance in office, be eligible to serve or sit in either house of the legislature or in the privy council. Proviso. to enquire into IX. And be it further ordained by the authority aforesaid, That the said district commissioners shail enquire into the several claims upon the public, Commissioners in their respective districts, so as to obtain a sufficient knowledge of the claims against circumstances attending each case, for the purpose of giving every neces- the public. sary information to the auditor general, which the said commissioners shall be obliged to attend and give in person, when they present the sev |