surveyors, who shall make out a table of the same, and keep posted up in A. D. 1784. cultivated 12 XV. And be it further enacted by the authority aforesaid, That all persons obtaining grants of land as aforesaid, shall, and they are hereby re- Lands to be quired to, settle and cultivate the same within two years thereafter, or at months before least twelve months, before he shall be at liberty to alienate the same, by they can be gift or sale, except in devising the same by will; and all such sales and conveyances made contrary to the true intent and meaning hereof, are hereby declared to be null and void. alienated. XVI. And be it further enacted by the authority aforesaid, That the said surveyor general hereby to be appointed, shall not, during the time Surveyor genehe is in office, on any pretence whatever, hold any other place or office of ral to hold no emolument, under the United States in Congress assembled, or under the Legislature of this State. other office. beyond the In XVII. And whereas, many persons have caused surveys of land lying beyond the Indian boundary, to be made, which practice is not only Surveys made founded in deception, but contrary to the regulations heretofore established dian boundary for taking up vacant land; Be it therefore enacted, by the authority afore- declared null. said, That all grants and surveys passed or made for lands lying beyond. the Indian boundary hereinbefore mentioned, before the passing of this Act, shall, and are hereby declared to, be null and void. respec Office of commissioners to XVIII. And be it further enacted by the authority aforesaid, That the commissioners of locations in the several districts shall keep their tive offices at or near the centre of the district wherein he is commissioner, be kept in the and shall give regular attendance every day (Sundays excepted ;) and no centre of the entry shall be made, or warrant given, to survey any lands, until two months district. after the passing of this Act, in which time the surveyor general shall appoint and qualify the several deputy surveyors respectively hereinbefore mentioned to be appointed: Provided always, that nothing in this Act con- Proviso. tained shall extend to entitle any person or persons to lay warrants of survey, or receive grants of lands appropriated by the resolution of the Legislature, as a provision for the officers and soldiers of the continental line of this State, except such persons as are entitled thereto under the said resolution. In the Senate House, the twenty-first day of March, in the year of our Lord one thousand seven hundred and eighty-four, and in the eighth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. A. D. 1734. No. 1207. AN ACT FOR INVESTING THE UNITED STATES IN CONGRESS ASSEMBLED WITH A POWER to levy, for the use of thE UNITED STATES, CERTAIN DUTIES UPON GOODS IMPORTED INTO THIS STATE FROM ANY FOREIGN PORT, ISLAND OR PLANTATION. Preamble. within this state goods imported. WHEREAS, the safety, honour and interest of the United States of America, require that adequate funds be provided for the regular and punctual payment of the interest annually accruing on, and for discharging, in a reasonable time, the principal of the debt, contracted for the support of the late war, so that full and complete justice may be done to creditors, by whose personal services and pecuniary aid, under the blessing of divine Providence, the freedom and independence of these States have been happily established; and whereas, the investing Congress with the power required by their resolve of the eighteenth day of April last, to levy the duties therein mentioned, will effectually restore and support public credit and discharge the public debt, and it appears to be the most just, reasonable, and eligible mode that can be devised for that purpose; I. Be it therefore enacted, by the honorable the Senate and the House of Representatives, met in General Assembly, and by the authority of the same, That there be, and there hereby is, granted to the United States, in Congress em- Congress assembled, power to levy within this State, for the use of the powered to levy United States, the following duties, upon goods imported into this State the following from any foreign port, island or plantation: that is to say, upon all rum of duties upon Jamaica proof, per gallon, four ninetieths of a dollar; upon all other spirituous liquors, three ninetieths of a dollar per gallon; upon every gallon of Madeira wine, twelve ninetieths of a dollar; upon every gallon of all other wines, six ninetieths of a dollar; upon every pound of common Bohea tea, six ninetieths of a dollar; upon every pound of other India tea, twenty-four ninetieths of a dollar; upon every pound of pepper, three ninetieths of a dollar; upon every pound of brown sugar, half a ninetieth of a dollar; upon every pound of loaf sugar, two ninetieths of a dollar; upon every pound of all other sugars, one ninetieth of a dollar; upon every gallon of molasses, one ninetieth of a dollar; upon every pound of cocoa and coffee, oue ninetieth of a dollar: and upon all other goods, a duty of five per centum ad valorem; at the time and place of importation; to be collected under such regulations as the United States, in Congress assembled, shall direct: Provided, that such regulations do not extend so far as to subject any citizen of this State to be carried out of the same for trial; or to compel him to answer to any action without the State; or to deprive him of a trial according to the constitution and laws of this State; or to convict him criminally without a trial by jury, or his own voluntary confession in open court; or to impose excessive fines; or to inflict punishments which are either cruel, or unusual in this State; or to break open any dwelling-house, store or warehouse, at any other than the day-time, and between the rising and setting of the sun, or then, without a warrant from a lawful magistrate, and issued upon the oath of the party requesting the same: And also, provided, that the trial on all seizures and questions under this Act, shall be before the court of common pleas, or one of the circuit courts in this State; and that a forfeiture shall not in any case exceed the goods seized, and the vessel in which such goods may be imported, with her cargo, or the value of such goods and vessel; and provided also, that the collectors of the said duties shall be appointed by the General Proviso. Qualifications Assembly of this State, or, during their recess, by the Governor, with the A.D. 1784. advice of the Privy Council; which said collectors shall be citizens of the same; and no person shall proceed to execute the office of collector who holds any office of trust or profit, either in this or any other of the United and duty of States; nor shall he be directly or indirectly concerned in trade; and the said collectors. collectors shall be obliged, whenever required by the legislature, to produce their books, or a fair copy of them, for their inspection; and which collectors, when so appointed, shall be amenable to and removable by the United States in Congress assembled alone; and in case of the death, resignation, or removal of any collector, a successor shall be appointed within thirty days after the United States in Congress assembled shall give notice for that purpose, by the General Assembly, if sitting, and if not by the Governor, with the advice of the Privy Council. And if in any case the General Assembly, and the Governor and Council, shall neglect to supply a vacancy occasioned as aforesaid, within the term of thirty days after notice as aforesaid, power is hereby given to the United States in Congress assembled to supply and fill the same with some citizen of this State, but which citizen shall not proceed to execute the office of collector if he hold any place of trust and profit either in this or any other of the United States, nor until he hath taken the following oath, viz: "I, A. B., do solemnly swear or affirm, as the case may be, that I will not, directly or indirectly, by them. in my own name, or in the name of any person or persons, carry on, or be concerned in interest in carrying on, any trade or commerce, during my continuance in office; So help me God;" which oath the Governor or Commander-in-chief for the time being, is hereby authorized and directed to administer: Provided also, that none of the said duties shall be applied Proviso. to any other purpose than the discharge of the interest or principal of the debts contracted on the faith of the United States, for supporting the late war; and that an annual account of the proceeds and application of the aforesaid revenues, shall be made out and transmitted to this State, distinguishing the proceeds of each of the specified articles, and the amount of the whole revenue received from each State, together with the allowances made to the several officers employed in the collection of the said revenue. Oath to taken in force when II. And be it further enacted by the authority aforesaid, That this Act shall be in force and begin to operate as soon as the United States in Con- This Act to be gress assembled shall notify to the General Assembly of this State, or to all the other the Governor or Commander-in-chief during their recess, that all the other States have States in the confederation have passed Acts vesting the United States in far Act. passed a simiCongress assembled, with power to levy, in the respective States, like duties, to be appropriated in like manner, and for the space of twenty-five years; and that it shall continue in force from that time for the space of twenty-five years, in the nature of a grant, sacred and irrevocable by any one or more of them, without the concurrence of the whole, or a majority of the United States in Congress assembled; provided likewise, that the Proviso. monies arising from the said revenue, and other monies that may be appropriated for the like purposes, shall not be sufficient to discharge the said principal debt and interest before the said term of twenty-five years is expired; provided also, that nothing herein contained shall extend, or be construed to extend, to give the United States, in Congress assembled, a power to impose or levy any duty on negroes or other slaves imported into this State. III. And be it further enacted by the anthority aforesaid, That an Act passed on the thirteenth day of August, in the year of our Lord one thou A. D. 1784. sand seven hundred and eighty-three, entitled "An Act to impose certain duties on goods to be imported into this State," be, and the same is hereby declared to be, repealed. In the Senate House, the twenty-first day of March, in the year of our Lord one thousand seven hundred and eighty-four, and in the eighth 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. 1208. AN ACT TO AUTHORIZE THE UNITED STATES, IN CONGRESS ASSEMBLED, TO REGULATE TRADE FROM THE BRITISH WEST INDIES. Preamble. Congress empowered to from the British West Indies. WHEREAS, the King of Great Britain, by his order in council, bearing date the second day of July, one thousand seven hundred and eightythree, did prohibit the growth or produce of any of the United States being carried to any of the West India islands subject to his crown, unless the same were carried by British subjects, in British built ships, owned by British subjects, and navigated according to the laws of Great Britain; which order manifestly tends to prejudice the commerce and suppress the maritime progress of the United States, and if adhered to must destroy those advantages which would otherwise result to both countries from a liberal commerce, founded on reciprocal benefits; I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, That the United States, in Congress assembled, may, and they are hereby empowered regulate trade to, prohibit all vessels in which any British subject or subjects is or are any part or sole owner or owners, from entering into any American port, and unlading any goods, wares and merchandise, being the growth or produce of the British West India Islands; and to effectuate such prohibition by imposing every regulation and restriction which shall appear to them to be just and necessary: Provided, that this Act shall not be in force until all the States in the Union shall have vested Congress with the similar powers. Proviso. In the Senate House, the twenty first day of March, in the year of our Lord one thousand seven hundred and eighty-four, and in the eighth 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. 1209. AN ACT for establishing a Court of Chancery. (Passed March 21, 1784. See last volume.). A. D. 1784. AN ACT TO VEST IN RICHARD BOHUN BAKER THE REAL ESTATE OF No. 1210. THE LATE RICHARD PENDARVIS, DECEASED. WHEREAS, in and by an Act of the General Assembly of this State, passed at Jacksonburg, on the twenty sixth day of February, in the year Preamble. of our Lord one thousand seven hundred and eighty-two, entitled "An Act for disposing of certain estates, and banishing certain persons therein mentioned," the estate, both real and personal, of the heirs and devises of Richard Pendarvis, was declared to be forfeited; and whereas, it appears that Richard Bohun Baker, an officer in the continental service, is heir at law to the said Richard Pendarvis, which circumstance was not known to the Legislature at the time of the passing of the said Act; vested in Rich I. Be it therefore enacted, by the honorable the Senate and House of Representatives, and by the authority of the same, That all the real estate of the said Richard Pendarvis, confiscated as aforesaid, now unsold, or if Confiscated property of sold and the terms of sale not complied with, shall be, and hereby is, re- Richard Penstored to and vested in the said Richard Bohun Baker, his heirs and darvis to be assigns forever; and if the real estate aforesaid be sold, the commission- ard B. Baker. ers of the treasury shall be, and hereby are, authorized and required to deliver up to the said Richard Bohun Baker, the bonds and securities for the same; and in case such bonds and securities have been paid off or discharged, the said commissioners are directed and empowered to give the said Richard Bohun Baker, the indents which they may have received in discharge of such securities, he paying commissions and other contingent expenses. In the Senate House, the twenty-first day of March, in the year of our Lord one thousand seven hundred and eighty-four, and in the eighth 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 ACT TO APPOINT COMMISSIONERS OF PILOTAGE FOR THE PORT OF No. 1211. GEORGETOWN, WINYAW, AND TO ENABLE THEM TO IMPROVE THE NAVI GATION OF THE SAME. pilots and build I. Be it enacted, by the honorable the Senate and House of Representatives, in General Assembly met, and by the authority of the same, That the commissioners hereinafter named shall be, and they are hereby, em- Commissioners powered to engage proper persons to serve as pilots for the bar and har- to employ bour of Georgetown, Winyaw, and to purchase or build a proper boat or pilot boats. boats for the use of the said pilots, in such manner as shall appear to the said commissioners most conducive to the safety of the navigation there; and the pilots so engaged shall be subject to such rules as shall be made for their conduct by the said commissioners, and shall for every neglect of duty, be liable to be discharged from the said employment, and also to be subject to such forfeiture, not exceeding the salaries to be allowed them, as to the said commissioners, or a majority of them, shall be judged pro |