A. D. 1786. AN ORDINANCE TO APPOINT COMMISSIONERS TO ASCERTAIN AND No. 1335. to settle all dif 1. 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 three commissioners be chosen by joint ballot of the Commissioners Legislature, which commissioners, or a majority of them, when chosen, ferences, &c. shall be, and they are hereby, invested with full and absolute power and authority, in the behalf of this State, to settle and compromise all and singular the differences, controversies, disputes, and claims which subsist between this State and the State of Georgia, relative to boundary, and to establish and permanently fix a boundary between the two States; and this State shall and will at all times hereafter ratify and confirm all and whatsoever the said commissioners, or a majority of them, shall do in and touching the premises, and the same shall be forever binding on this State: provided always, that the commissioners to be appointed by the State of Proviso. Georgia shall have as extensive powers vested in them by the State of Georgia, as are above vested in the commissioners of this State. appoint agents II. And as it may so happen that the said commissioners may not be able to settle and compromise the above differences, but it may be ne- Governor to cessary to have the same decided by a federal court; Be it ordained, by about of this the authority aforesaid, that his Excellency the Governor or Commander- State to a fedein-chief for the time being, be, and he is hereby, empowered to appoint ral court. proper persons to prosecute the claim, and to manage the affairs of this State in the federal court, with full power and authority to do, transact, perform, and execute all and every such matters and things touching the same, as shall be requisite and necessary; and this State shall and will at all times hereafter ratify and confirm what shall be so doue, transacted, performed, or executed. N. Carolina. III. And be it further ordained by the authority aforesaid, That three commissioners be chosen by joint ballot of the Legislature, which commis- Commissioners have power to sioners, or a majority of them, when chosen, shall be, and they are hereby, fix a boundary invested with full and absolute power and authority, in behalf of this State, and settle dif to settle and compromise all and singular the differences, controversies, dis- ferences with putes, and claims which subsist between this State and the State of North Carolina, relative to boundary, and to establish and permanently fix a boundary between the two last mentioned States; and this State shall and will, at all times hereafter, ratify and confirm all and whatsoever the said commissioners, or a majority of them, shall do in and touching the premises, and the same shall be forever binding on this State: provided always, that the commissioners to be appointed by the State of North Carolina, shall have as extensive powers vested in them by that State, as are hereby vested in the commissioners of this State. Proviso. IV. And be it further ordained by the authority aforesaid, That his Governor may Excellency the Governor or Commander-in-chief for the time being shall draw for ex VOL. IV.-95. penses. A.D). 1786. be, and he is hereby, empowered to draw upon the treasury for any sum or sums not exceeding ten thousand dollars, for the reasonable expenses of the said commissioners, and for carrying this Ordinance into full exe cution. In the Senate House, the twenty-second day of March, in the year of our Lord one thou- JOHN LLOYD, President of the Senate. No. 1336. AN ACT FOR REPEALING THE THIRTY-SIXTH CLAUSE OF THE Jury Law; Preamble. Thirty-sixth clause of the jury law and two other acts repealed. AND FOR OTHER PURPOSES THEREIN MENTIONED. WHEREAS, the frequent calling special courts for trying causes of transient persons is found to give such persons remedies and advantages superior to those enjoyed by citizens; I. Be it therefore enacted, by the honorable the Senate and House of In the Senate House, the twenty-second day of March, in the year of our Lord one thou- A.D. 1786. AN ACT TO INVEST IN PETER BELIN, AND HIS ASSIGNS, THE EXCLUSIVE No. 1337. RIGHT OF CONSTRUCTING AND VENDING SUNDRY USEFUL WATER MA CHINES, DURING THE TIME THEREIN LIMITED. WHEREAS, the said Peter Belin hath, by his humble petition, represented that, at much labour, attention, hazard and expense, he hath discovered and introduced into this State three several principles of water works: one to overflow with water the surface of any tract of land twenty-six feet or more above the level of any river or water course, at a cheap, easy and expeditious rate-also another, to drain sunken or low overflowed lands, down to any depth, and to throw water up to any height, from one to two hundred feet perpendicular-and also, a certain other machine, that will, in eighteen months, or two years at farthest, freshen any salt marsh land, so as to make it fit for the culture of any kind of produce suitable for this climate, and at the same time to beat out rice, to grind, or saw lumber in a certain, regular, constant and easy manner; and that all the said water works are constructed upon plain, easy and simple principles, and may be built at a moderate expense, and will be of great utility to the citizens of this State; therefore, praying that he might have the sole and exclusive right of building, erecting, constructing and vending the said water works within this State, for the term of fourteen years, pursuant to the terms of an Act of this State, passed on the twenty-sixth day of March, one thousand seven and eighty-four, entitled "An Act for the encouragement of Arts and Sciences;" and whereas, it may tend much to the improvement of agriculture, and otherwise advance the prosperity of the citizens of this State, if proper encouragement was given to the discoverers, improvers and constructors of such most advantageous principles and beneficial water works: Preamble. 1 Peter Belin 1. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That from and after the passing of this Act the said vested with an Peter Belin and his assigns shall have the sole and exclusive right and lib- exclusive right for 14 years. erty of erecting, building, constructing and vending within this State the said three several water works, for and during the term of 14 years, to commence from the day of the first publishing thereof; and if any person or persons shall or will, during the said term herein limited, erect, build, construct or sell any such water works on the said three different principles Penalty on any aforesaid, or any of them, without the leave, license or permission of the person infringing said right. said Peter Belin, or his heirs or assigns, first had and obtained, in writing, signed by him or them, in the presence of two or more credible witnesses, contrary to the true intent and meaning of this Act, every such offender shall forfeit and pay the sum of one hundred pounds, one moiety whereof to the State, and the other to the said Peter Belin, his heirs or assigns, or any other person or persons who shall or may sue for the same; to be recovered in any court of record of the said State, by action of debt, bill, plaint or information, in which no wager of law, essoign, privilege or protection, or more than one imparlance, shall be allowed. to furnish II. And be it further enacted by the authority aforesaid That in order Said P. Belin to prevent any person or persons from pleading ignorance of the principles on which the said several water works are constructed and built, the said models of his Peter Belin shall, immediately upon the passing of this Act, enter or water works. On refusal to construct said works for any citizen, or overcharge, to be the court. A. D. 1736. deliver in, upon oath, regular and exact plans or models, signed by him, of each of the said respective water works, into the Secretary's office of this State, there to remain on record, to which all persons shall, at all office hours, have recourse for inspection and examination; of which the said Secretary is hereby required to give a certificate to the said Peter Belin, for his having so entered or delivered in the same, as the case may be. III. And be it further enacted by the authority aforesaid, That if the said Peter Belin, or his assigns, shall or will, at any time or times during the continuance of this Act, upon the reasonable application of any citizen or citi zens of the said State, refuse to build, erect or construct any such water works as aforesaid, or shall and will ask and demand more for the same summoned by than a just and reasonable price or compensation for his or their labour, time, expenses and risque of sale, the judges of the court of common pleas in this State, on complaint made thereof to them in writing, are hereby authorised, empowered and directed to summon the said Peter Belin or his assigns to appear before them at the then next court of common pleas at Charleston, or in any of the districts of the said State, as the case may require, and the said court is hereby authorised and required to enquire into the justice of the said complaint, and if the same be found true, to take sufficient recognizance or security from the said Peter Belin or his assigns, conditioned that he or they shall or will, in such reasonable time as the said court shall direct, build, construct or erect such water works, at such reasonable prices as the said court shall on due consideration affix; and if the said Peter Belin or his assigns shall, before such court, neglect or refuse to give such security as aforesaid, the said court is hereby authorised and empowered to give such complainant a full and ample licence to build, construct and erect such water works as aforesaid, or such numbers of them as the said court shall judge just and reasonable; provided always, that such complainant shall give sufficient security before such court to build and construct such water works at such reasonable price as the said court shall affix. In the Senate House, the twenty-second day of March, in the year of our Lord one thousand JOHN LLOYD, President of the Senate. No. 1338. AN ACT TO AMEND THE CONFISCATION ACT; AND FOR OTher purposes THEREIN MENTIONED. I. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority Commissioners of the game, That the commissioners of forfeited estates, and the commis empowered to sioners appointed to sell the public lands in Charleston, Beaufort, and Island of Pawlawhana, are hereby authorised and empowered, respectively, either to sell again, or commence actions against all defaulters, in any of the courts of law, or in the court of chancery, to compel such defaulters to a settlement for the purchases by them respectively made, as sell estates again, or sue defaulters to a settlement. shall appear to the said commissioners most to the advantage of the State, A.D. 1786. for all public property which hath been been sold, and shall not be settled for within two months from the passing of this Act; and that the said commissioners respectively shall have the same powers, and be authorised to proceed in the manner above mentioned, in case of non-compliance of the purchasers at any future sale, provided the purchaser shall not comply with the terms of such future sale; and that all future sales of public property shall be on a credit of two years only, and payable in indents from the treasury of this State, and the interest as heretofore to be paid in indents annually, except sales for the benefit of creditors. II. And be it enacted by the authority aforesaid, That in all cases where public property hath been sold by mistake, and bonds for the same are or Remedy where shall be lodged in the treasury, that the Governor and any three of the property has been sold by privy council shall have full power and authority to investigate such claim, mistake. and if clearly proved to be well founded, his Excellency the Governor shall then direct the commissioners of the treasury to return such bonds to the persons who gave them, such person being willing to give up the purchase; and in case the purchaser should be unwilling to return such property, then to direct the commissioners of the treasury aforesaid to assign over the bonds for which the property sold, to the claimant, provided he is willing to receive such assignment. the Amerce ment Act III. And whereas, some doubts have arisen on the construction of the last clause of the Amercement Act, passed twenty-fourth March, one thou- Last clause of sand seven hundred eighty-five; and whereas, also, the tendering common indents, at their present depreciated and uncertain value, for commissions, altered. where sales, as in many cases, were but little if any higher than for specie, would be reducing the commissions to an inconsiderable sum, not equal to the expense and trouble of the service; Be it therefore enacted by the authority aforesaid, That the said clause be, and the same is hereby, altered, so far as relates to commissions being paid in common indents by the persons whose estates have been restored; and that such persons be obliged to pay said commissions in specie or in the paper medium to be issued, for all sales made previous to the first day of November, one thousand seven hundred eighty-four; and that for all after sales, except where for specie, for the benefit of creditors, one fourth per centum, that is to say, five shillings on every hundred pounds, shall be paid in the manner and by the persons aforesaid; and that all persons who have neglected to pay the surveyor's fees and other expenses, shall not avail themselves of the benefit of the Act entitled "An Act for regulating Sales under Execution, and for other purposes therein mentioned." whose estates IV. Be it further enacted by the authority aforesaid, That as soon as a majority of creditors, where demands have been liquidated against any Mode of relief person or persons whose estate has been confiscated, shall fix upon a proper to the creditors person or persons for that purpose, the commissioners of the treasury shall of persons be, and they are hereby, authorised and required to assign over to such have been person or persons, in trust for all the other creditors of such person whose confiscated. estate has been confiscated as above mentioned, a bond or bonds, equal to the amount of such demands where the sale was for specie, for the benefit of creditors; and where sold payable in indents, shall assign over a bond or bonds, or such indents as have been paid in for the same, to the amount of such demands, to be divided amongst said creditors respectively, in proportion to their several demands; and in case the amount of the bond or bonds assigned on such indents as shall have been paid in as aforesaid, is more than the amount of the demands of such creditors, then the trustee |