vested in the public of this State, and appropriated to those purposes respectively forever. A. D. 1785. Public markets to be kept in II. And be it further enacted by the authority aforesaid, That there shall be held and kept in the town of Winnsborough aforesaid, and open public markets, to which markets it shall and may be lawful to and for all said town. the inhabitants and sojourners of this or of any of the United States, to go, frequent, and resort, and thither to carry all sorts of cattle, grain, and victuals, provisions, and other necessaries, together with all sorts of merchandise whatsoever, and at the public market place already appointed and assigned for that purpose, them to expose to sale or barter, in gross or by retail, between sunrising and sunsetting of the same day, without payment of any toll, or any other let, hindrance, or molestation whatso ever. tors of the fairs III. And be it further enacted by the authority aforesaid, That there shall be likewise held and kept in the town of Winnsborough aforesaid, Two fairs to be two fairs in each year, the first annual, to begin and commence the first kept annually, in May and Tuesday in May in every year, and to end upon the Friday then next fol- October. lowing, being in all four days inclusive, and no longer; and the second fair to begin and commence the first Tuesday in October in every year, and to end on the Friday following, being in all four days inclusive, and no longer; to which fairs it shall and may be lawful for all and every person and persons, inhabitants strangers, or sojourners, of this or the United States, to the said fairs to go, frequent, and resort, and thither to carry, or cause to be carried, all sorts of cattle, horses, mares, colts, grain, victuals, provisions, hemp, flax, tobacco, indigo, and all other sorts of merchandises of what nature soever, and them to expose to sale or barter, in gross or by retail, at the times, hours, and seasons that the directors or rulers of the said fairs for the time being shall proclaim and appoint; which fairs shall be holden, together with a court of piepowders, and with Inhabitants to all liberties and free customs to such fairs appertaining, or which ought or appoint direcmay appertain, according to the usage and custom of fairs; and for the and a clerk of more regular government of the said several fairs, the majority of the in- the market. habitants of the said town are authorized and empowered to elect and appoint such person or persons as they shall think fit to be directors or rulers of the said fairs, as also a clerk of the market; which directors or rulers so appointed and commissioned as aforesaid, are hereby authorized Directors to and empowered to have and hold a court of piepowder, together with all hold a court of liberty and free customs to such appertaining, and that they, and every of piepowder. them, may have and hold there, at their and every of their respective courts, from day to day, and hour to hour, from time to time, upon all occasions, plaints and pleas of a court of piepowder, together with all summons, attachments, arrests, issues, fines, redemptions, and commodities, and other rights whatsoever, to the said court of piepowder appertaining, without any impediments, let, or hindrance whatsoever: Provided always, that the Proviso. directors or rulers of the fairs aforesaid, shall publish, or cause to be published, within and without the liberties of the said fairs, at the beginning of the fair, how long that fair shall endure, to the intent that merchants and others shall not be at the said fairs over the time so published, upon pain of being fined for the same, and for preventing of any abuse in the aforesaid fairs. IV. Be it further enacted by the authority aforesaid, That the directors or rulers of the said fairs shall yearly appoint and limit a special and cer- Directors to tain open place within the town of Winnsborough aforesaid, where the appoint a place for holding said. said fairs shall be held and kept, where horses, mares, colts, geldings, and fairs. cattle, may be sold, in which said certain and open place there shall be by Persons to be appointed to receive toll. A. D. 1785. the directors or rulers aforesaid, put in and appointed one sufficient person, or more, to take toll and keep the same place from nine o'clock in the morning until sunset of every day of the aforesaid fairs, upon pain to lose and forfeit upon every default, one pound sterling; and that every tollgatherer, his deputy or deputies, shall, during the time of every of the said fairs, take the sum of six pence sterling, due and lawful toll, for every horse, mare, gelding, colt, or head of cattle; and one shilling sterling for every slave; and one penny sterling for every hog, sheep, and calf, sold within the said fair between the hours of nine o'clock in the morning and sunset of the same day; and shall have present at the taking of the same toll, the parties of the bargain, exchange, gift, contract, or putting away every such horse, mare, gelding, colt, or slave, and also the same horse, mare, gelding, colt, or slave, so sold, exchanged or put away, and shall then write, or cause to be written, in a book to be kept for that purpose, the names, surnames, and dwelling places of all the said parties, and the color, brand, and ever particular mark of every such horse, mare, colt, gelding, or other cattle, and the name or some noted description of the slave, on pain to forfeit for every default contrary to the intent thereof, the sum of twenty shillings sterling; and the said tollgatherer or keeper of the said book, shall, within two days next after such fair, bring and deliver his said book to the directors or rulers of the said fair, who shall then cause a note to be made of the true numbers of all horses, mares, geldings, colts, cattle, or slaves, sold at the said fair, and shall there subscribe his name; upon pain to him who shall make default thereof, to lose and forfeit for every default, the sum of twenty shillings sterling, and also to answer to the party grieved, by reason of the same, his negligence in every behalf. fairs except for treason. V. And be it further enacted by the authority aforesaid, That no perNo person can son during the time of holding and keeping the said fairs, shall be liable be arrested at to be taken at the said fairs by virtue of any process, except for treason, felony, or other capital crime, or breach of the peace, but shall be freed and discharged of the same, if taken and arrested at the said fairs, by the justices and judges of such courts out of which the process was issued. VI. And be it further enacted by the authority aforesaid, That all the fines and forfeitures accruing and arising by virtue of this Act, shall be recovered by warrant under the hand and seal of any one justice of the peace of the said district, and be disposed of, one-half to the poor of the said town, and the other half to him or them that will prosecute for the Disposal of fines. Fines to be recovered by warrant. same. VII. And be it further enacted by the authority aforesaid, That all the fines and forfeitures accuring and arising by virtue of this Act, shall be disposed of in manner aforesaid, and be recovered by warrant under the hand and seal of any one justice of the peace of the said district. In the Senate House, the eighth day of March, in the year of our Lord one thousand JOHN LLOYD, President of the Senate. Speaker of the House of Representatives. A. D. 1785. AN ACT FOR RAISING A TAX ON ALL SHIPPING, FOR DEFRAYING THE EX- No. 1256. WHEREAS, it will be of great benefit and advantage to owners of ships and other vessels bound to the ports of Charleston, Beaufort, and Georgetown, to have buoys laid, and to have erected and supported a light-house and a beacon or beacons, for the direction of the mariners of all vessels coming to the said ports, and thereby rendering the navigation to them more safe and easy than it is at present. Preamble. tion. I. Be it therefore enacted, by the honorable the Senate and House of Representatives, and by the authority of the same, That it shall and may Officer to rebe lawful for the city corporation, and they are hereby required, to appoint ceive tonnage tax to be ap an officer to ask, demand, sue for, recover, and receive, from all masters of pointed by the vessels, for each and every time of entering and clearing out such vessel city corpora at the custom-house for the port of Charleston, the sum of three pence per ton, according to the measurement practised by the harbor master in other cases where tonnage is demanded and paid to the city corporation; which sum or sums so received shall be paid into the city treasury once in every month, and which shall be appropriated to the purposes hereinafter directed, and for none other whatsoever. to register their office. II. And be it enacted by the authority aforesaid, That it shall and may be lawful for the harbor master, and he is hereby required, to oblige every Masters in the master or owner of every decked schooner, sloop, or other vessel, to re- coasting trade gister the same respectively at his office, within one month after such ves- vessels in the sel or vessels have entered the coasting trade within this State, and of harbor master's which register the said harbor master shall give unto the master or owner of such vessel a certificate, without fee or reward, specifying that such vessel hath been registered as aforesaid, and thereupon the said master or owner shall produce such certificate unto the officer appointed by the city corporation for receiving the tonnage tax, and shall also pay unto him the sum of one shilling per ton, carpenter's measure, which sum shall be in full for one year's tax of such coasting vessel; and which said sum of one shilling per ton, carpenter's measure, shall continue to be paid annually, on or before the first day of January in every year thereafter, by the master or owner of such vessel so registered, and for so long a time as she shall continue in the coasting trade aforesaid; and the said receiver shall endorse his receipt, without fee or reward, on the back of the certificate given by the harbor master. refusal. III. And be it further enacted by the authority aforesaid, That each and every master or owner of vessel or vessels, entering the coasting trade as Penalty in case aforesaid, and neglecting or refusing to register and pay the tax as afore- of neglect or said, shall be fined in the sum of five pounds for every and each of such neglect and noncompliance; and the same shall be recovered by the harbor master, or the receiver appointed by the city council, in a court of city wardens; and all taxes and fines recovered as aforesaid, shall be paid into the city treasury, for the purposes hereinafter directed, and for no other whatsoever. IV. And be it further enacted by the authority aforesaid, That the city corporation shall, and they are hereby, fully authorized, empowered, and tion to cause A. D. 1785. required, as soon as conveniently may be, to cause buoys to be laid for the purpose of directing vessels to proceed with safety into the harbor, and a City corpora- light-house and a beacon or beacons to be erected at the most convenient places, with such materials and in such manner as they, the said city corbuoys and beacons to be laid. poration, shall judge convenient, and from time to time cause the same to be repaired and kept in good order; and the expenses thereof shall be paid out of the moneys arising from the tax and fines imposed by this Act. V. And be it further enacted by the authority aforesaid, That it shall and Tonnage at may be lawful to and for the collectors of the port of Beaufort and Beaufort and Georgetown, and they are hereby empowered, to ask, demand, sue for and Georgetown to be paid to the receive from all masters of vessels entering and clearing out at the ports collectors. of Beaufort and Georgetown aforesaid, the sum of three pence per ton, which sum or sums shall be paid monthly unto the commissioners of pilotage for the ports of Beaufort and Georgetown aforesaid, and which shall be applied by the said commissioners for the sole purpose of erecting beacons as leading marks over the respective bars to those ports. In the Senate House, the eighth day of March, in the year of our Lord one thousand JOHN LLOYD, President of the Senate. No. 1257. AN ACT TO OBLIGE PERSONS INTERESTED IN MARRIAGE DEEDS AND CONTRACTS, TO RECORD THE SAME IN THE SECRETARY'S OFFICE OF THIS STATE. Preamble. WHEREAS, the practice prevailing in this State of keeping marriage contracts and deeds in the hands of those interested therein, hath been oftentimes injurious to creditors and others, who have been induced to credit and trust such persons under a presumption of their being possessed of an estate subject and liable to the payment of their just debts; for remedy whereof, and to prevent such deceitful practices, I. Be it enacted, by the honorable the Senate and House of RepreMarriage con- sentatives, in General Assembly met, and by the authority of the same, tracts to be re- That on or before the first day of September next, all and every marriage corded in the secretary's office. contract, deed, or settlement, now actually existing, after being duly proved, shall be recorded or lodged in the secretary's office of this State, to be recorded; and where such contracts or marriage settlements, or the parties thereto, are without the limits of this State, then, and in such case, the parties interested therein shall be allowed twelve months from the passing of this Act to record and lodge such contract as aforesaid, in the office aforesaid, to be recorded; and all that shall hereafter be entered into for securing any part of the estate, real or personal, in this State, of any person or persons whomsoever, shall, within three months after the execution thereof, be duly proved, and in like manner to be recorded, excepting such as shall be recorded or lodged in the said office; and in case any person or persons entered in without the limits of this State, which shall be recorded, or lodged to be recorded, in the said office, within twelve months from the date thereof, whomsoever interested in such marriage deed, contract, or settlement, shall neglect or refuse to record or lodge the same in the manner, or within the times before mentioned, and in the office aforesaid, to be recorded, then the same, in respect to creditors, shall be deemed, and is hereby declared to be, fraudulent; and all and every part of the estate thereby intended to be secured to such person or persons, shall be subject and liable to the payment and satisfaction of the debts due and owing by such person or persons, in as full and ample a manner, to all intents and purposes whatsoever, as if no such deed, contract, or settlement had been ever made or executed. In the Senate House, the eighth day of March, in the year of our Lord one thousand JOHN LLOYD, President of the Senate. A. D. 1785. AN ACT for raising a fund for the support of an Infirmary or Hospital, No. 1258. in the city of Charleston, for seamen. (Passed March 8, 1785. See last volume.) AN ACT to establish a Ferry over Saluda river, on the land of Russell No. 1259. Wilson and Andrew Lee. (Passed March 8, 1785. See last volume.) AN ACT TO EXPLAIN AND AMEND THE TAX ACT OF 1784. WHEREAS, difficulties have arisen in the execution of the tax act of No. 1260. one thousand seven hundred and eighty four; for the removal thereof, Inquirers to assessors. I. Be it enacted, by the honorable the Senate and House of Represen- Preamble. tatives, and by the authority of the same, That where returns of lands have been, or shall be made, in parishes or districts different from those in which they lie, the inquirers who have received the same shall, on the ap- certify where plication of the persons who made the same, certify copies thereof, which lands lie, and certified copies the persons who made the return are hereby required, send copies to within sixty days after the passing of this Act, to send, where it has not already been sent, to the assessors of the parish or district where the lands lie; and the assessors of the parish or district where the lands lie shall value the same, and return a certified copy of their valuation to the inquirers from whom they received the returns, within thirty days after the receipt of the certified copy of the return, with the additional allowance VOL. IV.-83. |