Of the Supplies wanted for the support of Government, for the year 1784. Clerk of the Privy Council, one hundred and fifty pounds, Secretary to his Excellency the Governor, one hundred and fifty pounds, £1300 00 00 2000 00 00 300 00 00 3000 00 00 150 00 00 150 00 00 Two Treasurers, five hundred and seventy-one pounds eight shillings and eight Five assistants to the Auditor, for the present year, and to be paid quarterly, six 770 07 08 650 00 00 Clerk of the House of Representatives, two hundred and eighty-seven pounds Clerk of the Senate, two hundred aud eighty-seven pounds four shillings and 287 04 08 287 04 08 Two messengers, one to each house, at seventy pounds, one hundred and forty 140 00 00 Two doorkeepers, ditto, at fifty pounds each, one hundred pounds, 100 00 00 Powder Receiver, seventy pounds; Ordnance Store-keeper, seventy pounds, As a contingent fund, to remain subject to the drafts of the Governor, one 200 00 00 30 00 00 30 00 00 1000 00 00 Expense of the Members of the Senate and House of Representatives, eleven 1166 13 03 Printer's bill, 150 00 00 Interest of the public debt of this State, seventy-two thousand eight hundred 72,892 08 03 For the transient poor, subject to the order of the City Council of Charleston, Of the United States, thirty-five hundred and forty-one pounds nine shillings 3541 09 04 800 00 00 For a Guard at Fort Johnston, to consist of one serjeant, two corporals, and twelve privates, five hundred pounds, 500 00 00 For State troops, for the security of the State, fifteen hundred pounds, 1500 00 00 1000 00 00 180 00 00 In the Senate House, the twenty-sixth 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. 1784. AN ORDINANCE TO AUTHORIZE AND EMPOWER THE GOVERNOR AND No. 1235. SETTLED. Governor and I. Be it ordained, by the honorable the Senate and House of Representatives, now met and sitting in General Assemby, and by the authority Privy Council of the same, That his Excellency the Governor, with the advice and con- to adjust dissent of the Privy Council, be, and they are hereby, authorized and em- puted accounts powered to adjust and finally to settle all such accounts as now are or hereafter may be disputed between the auditor and any citizen or citizens of this State, or other person or persons. II. And be it further ordained by the authority aforesaid, That the commissioners of the treasury be, and they are hereby, authorized and directed Treasury indents to be givto give indents for all accounts settled since the first day of April last, or en on settling hereafter to be settled, bearing interest from the said first day of April accounts. last. In the Senate House, the twenty-sixth 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 ORDINANCE FOR AMENDING AND EXPLAINING THE CONFISCATION No. 1236. Аст. I. Be it ordained, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority Forfeited esof the same, That where any lands have been sold by the commissioners tates that have been sold, and of forfeit estates, by virtue of the powers in them vested by law, and no no titles applititles have been given, or shall be applied for by the purchaser or pur-again put up ed for, shall be chasers within two months from the passing of this Ordinance, for the said for sale. land, that then the said commissioners aforesaid are hereby authorized and empowered again to expose the said lands for sale, on the condition of payment being made at the expiration of the time for which it was originally sold; and the first purchasers shall be obliged, and are hereby declared liable, to pay commissions and all contingent charges, and the defi ciency, if any there should be, between the former and future sales, with interest at the rate of seven per centum yearly, from the time of the former sales, which the said commissioners are authorized and empowered to recover by action of law before any court of record within this State. Enough of con II. And be it further ordained by the authority aforesaid, That in case fiscated estates any estate or property late belonging to persons whose estates are confis- under mortga cated by law, is under mortgage or bound by judgment, or that the said ges to be sold persons are indebted by bond, note, or open account, the said commission- cumbrances. to satisfy in A. D. 1784. Confiscated property sold, and no claim made previous to sale, no action shall be against commissioners. deleben, &c. 66 ers are hereby empowered and directed to sell so much thereof as shall be sufficient for discharging the said incumbrances, and for paying the said bonds, notes, or open accounts, on the same terms as are prescribed in an ordinance entitled An Ordinance respecting suits for the recovery of debts," except where executions have already issued, and shall sell the remainder of such property on the same terms and conditions as are by law prescribed for the sale of confiscated estates. III. And be it further ordained by the authority aforesaid, That where any property has been sold by virtue of the confiscation law, and no claim preferred for the same previous to such sale, no action shall be commenced against the said commissioners, or any person possessing such property, for the same, without a previous application being made for that purpose, to the Legislature of this State. IV. And be it further ordained by the authority aforesaid, That the commissioners of confiscation be, and they are hereby, authorized and diCommissioners to make titles rected to make titles to Arthur De Bardeleben, for the land purchased by to Arthur Bar- him of Robert Williams, and afterwards purchased of the said commissioners, upon condition that the said Arthur De Bardeleben do give bond and a mortgage of the premises for securing the payment of such part of the original purchase money as is still due to the said Robert Williams, and such further sum or sums as the said Arthur De Bardeleben shall recover from the said Robert Williams by attachment or otherwise, on account of the said sale, together with all commissions and incidental expenses attending the sale by the said commissioners. V. And be it further ordained by the authority aforesaid, That the commissioners of the treasury be, and they are hereby, authorized and required Commissioners to receive indents for all bonds, both principal and interest, which are or dents for bonds, shall be lodged in their hands on account of purchases made of any con to receive in fiscated property, except such as has been sold for special purposes; and where the indent tended in payment shall exceed the debt due, they are hereby required to give an indent or indents for the surplus or balance. In the Senate House, the twenty-sixth 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. 1237. AN ORDINANCE RESPECTING SUITS FOR THE RECOVERY OF DEBTS. Stay given on old debts. 1. Be it ordained, by the honorable the Senate and House of Representatives, met in General Assembly, and by the authority of the same, That no suit or action shall be commenced, either in equity or at law, for the recovery of any debt or bond, note or account, contracted by a citizen of this or any of the United States previous to the twenty-sixth day of February, in the year of our Lord one thousand seven hundred and eightytwo, until the first day of January next; after which time it shall and may be lawful to and for any person and all persons, to sue for and recover all interest which shall have accrued since the first day of January, one thousand seven hundred and eighty, on all bonds, notes or other contracts bearing interest; provided nevertheless, that nothing herein contained A.D. 1784. shall be construed to extend to prevent any creditor from suing for and recovering all interest accruing upon bonds or notes since the twenty-sixth day of February, one thousand seven hundred and eighty-two. II. And be it further ordained by the authority aforesaid, That it shall and may be lawful for any person and all persons to whom any debt shall be Time when debts may be due as aforesaid, to sue for and recover after the first day of January, sued for and which will be in the year of our Lord one thousand seven hundred and recovered. eighty-six, all such other interest as may then be due on such debt and the fourth part of the principal debt which shall be owing to him, her or them; and from and after the first day of January, which will be in the year of our Lord one thousand seven hundred and eighty-seven, one other fourth part of the principal debt, with the interest which shall have accrued thereon; and from and after the first day of January, which will be in the year of our Lord one thousand seven hundred and eighty-eight, one other fourth part of the principal debt, with the interest which shall have accrued thereon; and from and after the first day of January, which will be in the year of our Lord one thousand seven hundred and eighty-nine, the balance which may be then due and owing; provided nevertheless, Proviso. that if any person who shall be indebted as aforesaid, shall after a notice of ten days refuse to give security to his creditor (which notice shall be proved by such creditor on oath before any justice of the peace,) for the payment of such sum or sums of money as may be due and owing to him, to be approved of by one of the judges of the court of common pleas, if in Charleston district, and by a commissioner for taking special bail, if in any of the circuit court districts, that in such case it shall and may be lawful for the creditor to sue for the said debt and proceed to execution, which execution may be levied, and the property so seized be sold, if the debtor shall refuse to give the security hereby required and pay the costs of suit. III. And be it further ordained by the authority aforesaid, That all Open accounts monies which shall be due on such open accounts as are restrained by this not sued for to ordinance from being sued, shall bear an interest of seven per cent. per bear interest. annum from the passing of this Ordinance. IV. And be it further ordained by the authority aforesaid, That all bonds or other securities which have been given since the twenty-sixth Bonds, &c. day of February, in the year of our Lord one thousand seven hundred and eighty-two, for debts contracted previous to that day, except bonds or notes which have been taken for interest due since that time, shall be, and the same are hereby declared to be, no otherwise recoverable than other debts for which securities have not been given. V. And be it further ordained by the authority aforesaid, That no seizure shall be made of any property which may have been mortgaged previous to the twenty-sixth day of February, in the year of our Lord one thousand seven hundred and eighty-two; provided, the person whose property has been mortgaged shall pay the principal and interest of the debt for which the said property has been mortgaged, at such periods as are required by this Ordinance; and on failure thereof, the said mortgaged property may be taken and held by the person to whom the same has been so mortgaged, until the payment shall be made as aforesaid. In the Senate House, the twenty-sixth 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. VOL. IV.-81. Seizures, &c. A. D. 1781. No. 1238. AN ORDINANCE to amend an Ordinance entitled "An Ordinance for establishing several ferries therein mentioned." No. 1239. AN ORDINANCE TO ENCOURAGE SUBJECTS OF FOREIGN STATES TO Preamble. Aliens may lend money and prosecute suits for its recovery. Court of chan WHEREAS, it would tend greatly to the improvement of estates in this country, and to the public benefit, if money could be borrowed at a reasonable rate of interest from the subjects of foreign States; but doubts may arise whether as the law now stands any security in the nature of a mortgage, granted to an alien, or to any person in trust for him, can be made effectual against such estates for recovering the money lent thereon; and whereas, no alien as the law now stands, can bring or prosecute any suit for the recovery of money in any court of law or equity, at a time when the State of which such alien is a subject is at war with the United States; to prevent which doubts and to encourage aliens to lend money upon the security of such estates, I. Be it ordained, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That it shall and may be lawful to and for every person and all persons, being aliens, to lend money at a rate of interest not exceeding seven pounds per centum per annum, upon the security of any freehold or leasehold estate in this State, and to hold the same as an effectual security for the money lent, and to prosecute any suit or suits for the recovery of the same, whether the foreign State of which such alien is a subject be at war with the United States or not. II. And be it ordained by the authority aforesaid, That in case of nonpayment of the money lent upon any such security, with the interest due thereon, at the time therein stipulated and agreed upon, it shall and may be lawful to and for all and every such aliens to bring and prosecute, by themselves or their lawful attornies respectively, any suit or suits at common law for the recovery of their demands on any bond or other collateral security given or entered into, or on any covenant on the part of the borrower contained in any such mortgage, deed or deeds, and also his, her or their bill or bills in the court of chancery, praying a decree of sale of such mortgaged premises for payment of the debt due thereon; in which said suit or suits the plaintiff or plaintiffs shall be entitled to like remedy and remedies for recovery of his debt and costs due, as any citizen of this State now may or can have, except the being entitled to have or obtain directly or indirectly the actual possession of any such mortgaged premises, by any process of execution whatever at the common law, or to foreclose the equity of redemption of such mortgaged premises by any decree or order of the court of equity.' III. And be it further ordained by the authority aforesaid, That the cery to direct court of chancery shall and may direct and order a sale of such mortgaged a sale of mort-premises, in the manner as in cases where the mortgager has consented to gaged premia sale of the same; any law, usage or practice to the contrary thereof in any wise notwithstanding. ses. |