To John Kitt, for apprehending Robert Wall, a deserter from To the Treasurer, balance due to him from the general duty To the Treasurer, for orders sunk, which were issued in 1740, To the Commissioners for the Roads on Charlestown Neck, (to To Benjamin Shadman, for taking care of the artillery, £134 00 00 50 00 1238 16 04 12 00 00 500 00 00 50 00 00 200 00 00-£19,116 04 02 3,000 00 00 £174,507 18 011 B. SMITH, Speaker. In the Council Chamber, the 19th day of May, 1758. Assented to: WM. HENRY LYTTELTON. A. D. 1758. AN ORDINANCE FOR RECTIFYING MISTAKES IN THE NAMES OF Two No. 875. WHEREAS, by an Act made and passed in open Assembly, the nineteenth day of May, in the year of our Lord 1758, entitled "An Act for raising and granting to his Majesty the sum of £166,438 14s. 74d., and for applying the sum of £8069 3s. 6d., (being the surplus of taxes and balance of a fund in the public treasury) making together £174,507 18s. 1 d., to defray the charges of this government from the 25th of March, 1757 to the 24th of March, 1758, and for other services therein mentioned," John Leslie instead of James Leslie, and John Kennelly instead of Thomas Kennelly, were nominated and appointed two of the inquirers, assessors and collectors for the township of Saxegotha and the forks between the Congree and Wateree rivers and adjacent places, to put the said Act in execution, which mistakes, if not rectified, may prejudice and obstruct the public service; I. Be it therefore ordained, by his Excellency William Henry Lyttelton, Esquire, Captain General and Governor-in-chief in and over the 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 James Leslie and Thomas Kennelly, who by mistake were in the said Act called John Leslie and John Kennelly, shall be, and they are hereby nominated and appoined two inquirers, assessors and collectors for the township of Saxegotha and the forks between the Congree and Wateree rivers and the adjacent places, together with John Lee and Isaac Pennington, the other inquirers, assessors and collectors for the said places; and the said James Leslie and Thomas VOL. IV.-10. Preamble. Mistake of names rectified 1 A. D. 1759. Kennelly shall have the same, and they are hereby invested with the same powers and authorities to put the said Act, and all the clauses, powers, matters and things whatsoever therein contained, in execution, within the township and district aforesaid, in as full and ample manner as the inquirers, assessors and collectors appointed by the said Act for all or any other county, parish, township or district are vested with within such parish, township or district; and the said James Leslie and Thomas Kennelly shall be subject and lyable to the like penalties and forfeitures, for neglect of duty or refusal to act, as other inquirers, assessors and collectors in the said Act named, are or may thereby be subject and lyable to. In the Upper House of Assembly, the 14th day of December, 1758. JOHN CLELAND. In the Commons House of Assembly, the 14th day of December, 1758. BENJAMIN SMITH, Speaker. Assented to: WILLIAM HENRY LYTTELTON. No. 876. Preamble. of vessels to fest on oath. AN ACT FOR TAXING TRANSIENT PERSONS. WHEREAS, masters of vessels and other persons coming into this Province with goods, wares and merchandizes, are, by their short residence, liable to no taxes, though they enjoy all the advantages of trading people settled in the Province, who contribute largely to the support of this Government; we therefore pray his most sacred Majesty that it may be enacted, I. And be it enacted, by his Excellency William Henry Lyttelton, Esq., Captain General and Governor-in-chief in and over the 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 immediately from and after the passing of Commanders this Act, every master of a vessel arriving in any port in this Province deliver a mani- shall, at the time of entering his vessel, declare and set forth, upon oath, before the comptroller, in the manifest of the lading on board his vessel, to what person or persons the whole or several parts of the goods, wares and merchandizes on board such vessel belong or are consigned; which oath shall be in the words following, that is to say, "I, A B, do declare that the manifest by me delivered is a true manifest of all the goods, wares and merchandizes on board the, of which I am master, and that the said goods, wares and merchandizes, on board the said vessel, are consigned to the person or persons (as the case shall require) set forth in the sons having same. II. And be it further enacted by the authority aforesaid, That every Transient per- transient pesson who shall have any goods, wares and merchandizes in any goods on board vessel arrived in any port in this Province, shall, within twenty-four hours vessels, to make after the entry of such vessel made as aforesaid, make a fair and plain entry thereof on pain of entry, upon oath, of the several goods, wares and merchandizes by them imported in such vessel, and the first cost of the said goods, wares and merchandizes, at the offices of the comptroller and public treasurer or receiver, upon pain of forfeiting all such goods, wares and merchandizes, forfeiture. to be seized and taken by the said comptroller, public treasurer, or receiv- A.D. 1759. er or waiter of any port of this Province; one moiety of which shall go to the use of such comptroller, public treasurer, receiver or waiter so seizing the same, and the other part to his Majesty, for the use of this Province. transient own III. And be it further enacted by the authority aforesaid, That every master of a vessel, or other transient person, importing any goods, wares Tax to be paid and merchandizes, shall immediately, upon making an entry as aforesaid, on goods of pay or secure to be paid, within two months, to the public treasurer or ers on making receiver, the following tax, that is to say, one pound for every hundred entry. pounds, on the first cost of the said goods, wares and merchandizes so imported; provided, such goods, wares and merchandizes are not liable or subject to pay any duties in this Province; and in case such goods, wares and merchandizes are liable to pay any duties in this Province, then the person or persons importing such goods, wares and merchandizes shall pay to the public treasurer or receiver, only ten shillings for every hundred pounds on the prime cost of such goods, wares and merchandizes, to be computed and ascertained according to the current course of exchange between this Province and the port or place where the goods, wares and merchandizes were shipped. And for the more exact and certain settling the course of exchange, where any disputes about the same may arise, it shall and may be lawful for the public treasurer or receiver to get the same ascertained and fixed by a certificate under the hands of two reputable merchants residing in the port where such goods, wares and merchandizes shall be imported, which shall be binding, and the tax paid agreeable to the same. forfeiture. IV. And be it further enacted by the authority aforesaid, That every master of a vessel and other transient person who shall refuse or neglect on pain of to pay or secure to be paid the duties hereinbefore laid and imposed, within the time prescribed, shall forfeit such goods, wares and merchandizes, to be seized and applied as aforesaid. export. V. And be it further enacted by the authority aforesaid, That if any goods, wares and merchandizes, upon which the tax imposed by this Act Drawback shall have been secured or paid to the treasurer, and shall be by the im- allowed on reporter of the same exported out of this Province within six months after the time of the entry thereof, then and in such case three fourths of the tax which shall have been paid or secured to be paid by such importer, shall be repaid or remitted to him, on oath being made that the said goods are exported; and the public treasurer is hereby directed to repay or remit the same accordingly. be cleared out VI. And be it further enacted by the authority aforesaid, That it shall not be lawful for the public treasurer, comptroller or powder receiver to Vessel not to clear out any vessel bringing in any goods, wares and merchandizes, as till this Act be aforesaid, before such goods, wares and merchandizes have been entered, complied with. and the duty paid or secured as aforesaid. VII. And be it further enacted by the authority aforesaid, That if any master of a vessel, or other transient person, shall make a false entry entry shall be Making a false upon oath of the value of any goods, wares and merchandizes, such mas- deemed perter of a vessel or other transient person shall be deemed, and they are jury. hereby declared, guilty of wilful perjury. VIII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the public treasurer or receiver and comptroller, to receive and take, of the persons making such entry as aforesaid, one shilling proclamation money for the entry, and the same fee for the oath. Fees. A. D. 1759. Limitation to 7 years. IX. And be it further enacted by the authority aforesaid, That this Act shall be and continue of force for and during the term of seven years from the passing thereof, and from thence to the end of the next sessions of the General Assembly, and no longer. B. SMITH, Speaker. In the Council Chamber, the 7th day of April, 1759. ALL No. 877. AN ACT FOR ALLOWING OF DISCOUNTS, AND FOR REPEALING FORMER ACTS AND PARAGRAPHS OF ACTS OF THE GENERAL ASSEMBLY OF THIS PROVINCE RELATING TO DISCOUNTS. Preamble. WHEREAS, the laws of this Province relating to discounts are contained in many separate Acts of Assembly, under different titles, some of which Acts are now near expiring; we therefore humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by his Excellency William Henry Lyttelton, Esq., Captain General and Governor-in-chief in and over the 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 from and immediately after the passing of Several parts this Act, the fourteenth paragraph of an Act entitled "An Additional Act of Acts repealed. Discounts or in actions of the same nature. to an Act entitled an Act for establishing County and Precinct Courts," ratified the twentieth day of September, in the year of our Lord one thousand seven hundred and twenty-one; and also the first paragraph of an Act entitled "An Act for authorizing the General Court, in Charles City and Port, to exercise several powers and privileges allowed to the county and precinct courts in this Province, and some other regulations," passed the twenty-third day of February, in the year of our Lord one thousand seven hundred and twenty-two; and also the sixth paragraph of an Act entitled "An Act for making more effectual Wills and Testaments, and for making valid all former Wills in this Province, according to the tenor of the same, and for putting in force several useful matters therein comprised," passed the ninth day of April, in the year of our Lord one thousand seven hundred and thirty-four; and also the first paragraph of an Act entitled "An Act for allowing mutual debts to be discounted, and for explaining the sixth paragraph of an Act entitled an Act for making more effectual Wills and Testaments in this Province, according to the tenor of the same, and for putting in force several useful matters therein comprised," passed the twenty-ninth day of May, in the year of our Lord one thousand seven hundred and forty-four-be, and they are hereby declared, absolutely repealed, and null and void. II. And whereas, it is necessary, for the sake of justice, and to prevent a multiplicity of suits, that some rule should be established with regard to set offs allowed discounts, in this Province, Be it therefore enacted by the authority aforesaid, That in all actions whatever, brought for the recovery of any debt, by any plaintiff, either in his own right or in the right of his wife, or as executor or administrator of any person deceased, against any defendant, either in his own right or in the right of his wife, or as executor or administrator of any person deceased, it shall and may be lawful for the defendant, if he have any account, reckoning, demand, cause, matter or thing against the plaintiff, to give the same in evidence, by way of discount; A.D. 1759. regard being always had to the cause of action, so that accounts, reckonings, demands, causes, matters or things, relating to the defendant in his own right, shall only be given in evidence, by way of discount to actions brought against such defendant in his own right; and so if such defendant is sued in the right of his wife, or as executor or administrator of any person deceased; and the same shall be noted, and judgment be entered up for the balance only; and if the plaintiff be found to be indebted to the defendant, judgment shall be entered for the defendant, with costs of suit, and execution go against the plaintiff. Provided nevertheless, that Twelve days the defendant intending to discount any sum or sums of money, accounts, notice of set-off reckonings, demands, matters or things, alledged to be due and owing to to be given to plaintiff. him from the plaintiff, do make a copy of such sums, accounts, reckonings, demands, matters, causes or things, which he intends to insist upon at the trial to have discounted, and deliver the with same,, a notice of such intention, in writing, to the plaintiff or his attorney, at least twelve days before the trial of the cause, to the intent that the plaintiff may be prepared to disprove the same, if he see fit; and the articles of such discount shall be proved to the court where such cause shall be tried, in such manner as plaintiffs are obliged to prove their debts and demands. Provided also, that no such discount or set off shall be admitted or allowed, contrary to allowed contrathe intention and meaning of an Act of the General Assembly of this ry to an Act Province, entitled "An Act for settling the titles of the inhabitants of this therein menProvince to their possessions in their estates within the same, and for limitations of actions, and for avoiding suits in law," passed the twelfth day of December, one thousand seven hundred and twelve. No set-off tioned. III. And be it further enacted by the authority aforesaid, That this Act Limitation to shall continue and be of force for and during the term of five years, 5 years. and from thence to the end of the next session of the General Assembly of this Province, and no longer. B. SMITH, Speaker. In the Council Chamber, the 7th day of April, 1759. Assented to: WM. HENRY LYTTELTON. AN ACT for vesting the Ferry over Santee River, in the way leading No. 878. from Charlestown to Williamsburgh, commonly called Murray's Ferry, in James Hunter, Executor of the last will and testament of Joseph Murray, late of Craven county, Planter, deceased, in trust for and to the only use and behoof of James Murray, an infant, only son and heir at law of the said Joseph Murray, his executors, administrators and assigns, for a term of years therein mentioned. (Passed April 7, 1759. See last volume.) AN ACT to restrain and prevent the too frequent Sales of Goods, Wares No. 879. and Merchandize, by Public Auction or Outcry in Charlestown, and for the better regulation of such Sales. (Passed April 7, 1759. See last volume.) |