A. D. 1786. and William Baker. or trustees shall give bond with sufficient security, payable to the commissioners of the treasury, for the surplus, after the payment of the several demands as aforesaid, to be paid into the public treasury, for the use of this State, at the time and in the manner specified in such assigned bond or bonds, or such indents as have been paid in: provided always, that any confiscated estate shall only be answerable and liable for the demands against each particular estate. V. Be it enacted by the authority aforesaid, That the amount of Jane Linwood the sale of the seven thousand four hundred and seventy-four acres, in the Saltcatcher barony, belonging to Mrs. Jane Linwood and William Baker, Esq. shall be received by the public, and accepted in lieu of the amercement imposed on the said Jane Linwood and William Baker, and that they be relieved from any further amercement. VI. Be it enacted by the authority aforesaid, That all indents which have been or shall be paid into the treasury for the sales of Doctor James George Wilson. Crokatt's estate, shall be, by said commissioners thereof, delivered over to George Wilson, upon his proving himself to be the legal heir of said Crokatt, in any court of record in this State, on said George Wilson paying an amercement of twelve per centum on said estate. VII. Be it further enacted by the authority aforesaid, That the said James Nassau James Nassau Colleton shall be, and is hereby, exempted from all amercements imposed on him by any former Acts of the General Assembly of this State. Colleton. missioners of VIII. Be it enacted by the authority aforesaid, That his Excellency Governor and the Governor, by and with the advice and consent of the Privy Council, Council to ap- shall be, and hereby are, authorised and empowered to appoint two compoint two commissioners of forfeited estates, one of which to be in the room and stead forfeited estates of John Ewing Calhoun, who has leave to resign; and that said commissioners, so to be appointed, shall, previous to their acting, take the oath and give the security in the manner prescribed by the Confiscation Act, and shall be vested with the same power and authority respectively that any commissioner of forfeited estates heretofore appointed, is or may be; and that on all property that shall be sold, and on all returns of amercements that may be made, after such appointment, the commissions allowed by law shall be equally divided amongst said two commissioners, to be appointed, and Thomas Waring, the present commissioner. IX. Be it enacted by the authority aforesaid, That so much of the Act John Bremar. called the Confiscation Act as relates to the person and property of John Bremar, be, and the same is hereby, repealed. Amercement X. Be it enacted by the authority aforesaid, That the commissioners of forfeited estates be, and they are hereby, authorised and required suspended till to suspend any demand against such persons whose estates are amerced, until the first day of January next ensuing. January. estates relieved from amerce XI. And whereas, Robert Porter Murrell and Andrew Hibbin, were R. P. Murrell both favorably reported on by a committee of both houses, in March, one and A. Hibbin's thousand seven hundred and eighty-five, and the payment of their amerce. ment suspended till the present meeting of the General Assembly, since which time both are dead, leaving large families, with but little property to support them; Be it therefore enacted by the authority aforesaid, That so much of the amercement law as relates to the said Robert Porter Murrel and Andrew Hibbin, be, and the same is hereby, repealed. ment. XII. Provided always, That the persons hereinbefore named shall pay all commissions and expenses that may have been incurred in the execution of the Confiscation or Amercement Acts respectively. A. D. 1786. XIII. Be it enacted by the authority aforesaid, That John Cogdell, Esq. be, and is hereby, appointed and authorised to receive, for the use of Elizabeth Mrs. Elizabeth Saxby, such rent as is due for the house and lot in Charles- Saxby. ton claimed by her, as has not yet been received by the commissioners of forfeited estates, and also all such rent which may become due from the said house and lot. In the Senate House, the twenty-second day of March, in the year of our Lord one thousand JOHN LLOYD, President of the Senate. AN ACT to incorporate the Vestries and Churchwardens of the Epis- No. 1339. copal Churches in the Parishes of St. Bartholomew, St. Helena, and St. John's, Colleton County. (Passed March 22, 1786. See last volume.) AN ACT TO AUTHORISE THE DELEGATES OF THIS STATE TO SUBSCRIBE No. 1340. WHEREAS, the United States in Congress assembled have recommended to the several States to authorise their respective delegates to subscribe and ratify an agreement for making the alteration hereinafter mentioned in the articles of confederation and perpetual union between the United States of America, and such alteration is approved by this State; Preamble. 1. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Delegates emauthority of the same, That the delegates of this State shall be, and they powered to raare hereby, authorised and impowered to subscribe and ratify an agree-tify the altering part of the 8th ment on the part and behalf of this State, in the words following, viz: article of con"So much of the eighth of the articles of confederation and perpetual union federation. between the thirteen States of America, as is contained in the following words, to wit, all charges of war, and all other expenses that shall be incurred for the common defence and general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several States in proportion to the value of all land within each State, granted to or surveyed for any person, A. D. 1786. as such land, and the buildings and improvements thereon, shall be estimated according to such mode as the United States in Congress assembled shall, from time to time, direct and appoint,' is hereby revoked and made void; and in place thereof, it is declared and concluded, the same having been agreed to in a Congress of the United States, that all charges of war, and all other expenses that have been or shall be incurred, for the common defence or general welfare, and allowed by the United States in Congress assembled, except so far as shall be otherwise provided for, shall be defrayed out of a common treasury, which shall be supplied by the several States, in proportion to the whole number of white and other free citizens and inhabitants, of every age, sex and condition, including those bound to servitude for a term of years, and three-fifths of all other persons not comprehended in the foregoing description, except Indians, not paying taxes, in each State; which number shall be triennially taken and transmitted to the United States in Congress assembled, in such mode as they shall direct and appoint." In the Senate House, the eleventh day of March, in the year of our Lord one thousand JOHN LLOYD, President of the Senate. Speaker of the House of Representatives. NOTES. Discount; p. 76. See index to the third volume. Indents not to be allowed in setoff against duties and taxes; see Ordinance of March 27, 1786. Contagious Distempers; p. 78, 572, 615. Small Pox; p. 106, 182. Quarantine Acts; of March 26, 1784; March 19, 1795; of December 19, 1796, 2 Faust, 98; Act of 1797, 2 Faust, 189; Pamphlet Act, 1809, p. 47; of 1827, p. 59; of 1832, p. 54; of 1833, p. 56. See on this general subject the references in the index of the preceding volume, under title Contagious Distempers. Quere. If the voluntary introduction of the Small Pox ought not to be prohibited? See also resolution of December 19, 1793, appointing a port physician. See Insolvent Debtors; p. 86, 727. See vol. 3, p. 640, 662, 734, 785, 794. also the County Court Act of March 17, 1785, sect. 39. Also, the Act of the present vol. p. 86. Also, the Act concerning vendues, March 27, 1787, sect. 1. Also, Prison Bounds Act of February 29, 1788, sect. 6. See also Pamphlet Act of 1815, p. 38; repealed by Act of 1823, p. 11. See also Act of 1817, p. 25 and 34. Also, Act of 1836, p. 59. As to sect. 5 of the present Act, p. 90 of this volume, referring to Act of 5 Geo. 2, ch. 7, (inserted in vol. 2, p. 570 of this work,) I believe it is the only authority in South Carolina for levying on land for debts. In North Carolina, p. 43, of Heywood's reports, the Court decided against the levying on land for debt. See 1 Heyw. Rep. 51--58, Baker v. Webb, on the point how lands are affected for the payment of debts under 5 Geo. 2, ch. 7, sect. 4. See also, Brevard's title, Lands, and the decision on this subject in 4 McCord's Law Reports, 128. See also, Ram on Assets, 236. See also the following cases of our own Courts. State vs. Gee, 1 Bay, 161. Wall vs. Court of Wardens, ib. 429 Hunt vs. Simons, 2 Bay, 104. Fabre vs. Sylstra, ib. 147. Mayrant vs. Myers, 2 Mills, 419. McLean vs. Hayne, Tread. 212. Moore vs. Benbow, ib. 449. Tunno vs. Edwards, ib. 674. Wilson & Paul vs. Ramsay, 1 N. & M. 109. Alexander vs. Gibson, ib. 480. Walling vs. Jennings, 1 McC. 10. Bingley vs. Smart, ib. 29. Lowden vs. Moses & Co. ib. 120. Love vs. Lowry, ib. 181. George vs. Catherwood, ib. 339. Dixon & Co. vs. Vanerara, ib. 373. Duncan vs. Brown, ib. 375. Porteus vs. Sullivan, ib. 387. McElmoyle vs. Florence, 2 McC. 29. See likewise Prescott vs. Hubbell, 2 McC. 64. Minot vs. Elliott, ib. 125. Bamfield vs. Ellard, ib. 182. Strover vs. Duren, ib. 266. Black vs. VOL. IV.-96. Shooler, ib. 293. Crovat vs. Coburn, 3 McC. 14. Gibson, Falconer & Co. vs. State, ib. 45. Mairs vs. Smith, ib. 52. Knight vs. Braker, ib. 80. Lowden vs. Moses, ib. 93. Lowrie vs. Williamson, ib. 247. Sheppard vs. Turner, ib. 24; (last number unknown.) Pohl vs. Lynah, ib. 385. Miller vs. Bagwell, ib. 429. Creyton & Sloan vs. Dickerson, 436. (See explanation of case of Stover vs. Dunen, 2 McC. 266.) See likewise title "Prison Bounds," in index to 4 McC. And Harth vs. Gibbes, 4 McC, 8. Cameron vs. Wurtz, ib. 278. Brown & Overstreet vs. Wallen, ib. 364. Man vs. Lowden, ib. 485. Hyams vs. Black, ib. 508. See Harp. 105, Glenn vs. Loper. Mairs et al. vs. Smith, Harp. 128. State vs. Kenny, 1 Bail. 375. Ex parte Thurmond, ib. 605. Thomson vs. Linam, 2 Bail. 131. Thornton & Hodges vs. Ferguson, ib. 197. Powers vs. Segur & Ingram, ib. 419. Gore & Casey vs. Waters, ib. 477. Saunders vs. Bolo, ib. 492. Anderson vs. Foster, ib. 500. Headman vs. O'Neil, ib. 190. Treasurers vs. Bates, ib. 363. Walker vs. Briggs, 1 Hill, 118. Cohen vs. Gibbes, ib. 206. Aken vs. Moore, ib. 432. Crenshaw vs. Wetsel, 2 Hill, 418. Williams vs. Jones, 2 Hill, 431. McLure vs. Vernon, ib. 433. Johnston vs. Johnston, 2 Hill, 501. Poole vs. Vernon, ib. 667. See likewise the following cases from Equity Reports, viz. Lowe vs. Executors of Blake, 3 Dess. 269. Perkins, ib. 549. Green vs. Alexander et al. 1 Hill Chanc. Rep. 138. vs. Hubbell et al. ib. 212. Niolon vs. Douglass et al. 2 Hill, 443. Ex parte Wills; evidence on, p. 101. See the British Act of Parliament A. D. 1752, in page 580, of vol. 2 of this work, and the notes in that volume under the title, Wills. Also, the index to vol. 3, under the same title. Also, 4 Bacon's Abrid. 331, title Wills, as to legatee being a witness and 2 Bay's Reports, 448. See also Act of 1791, in 1 Faust, 27. Also Pamphlet Laws of 1808, p. 50. let Laws of 1823, p. 22. Pamphlet Laws of 1824, p. 24. Pamph Horses; against stealing them, p. 177, 284. See vol. 3, p. 603. See also Pamphlet Laws of 1830, p. 33. Lotteries; p. 180. See vol. 3, p. 729, No. 784. Raffles are not within this Act, 2 Mill, 128. By Act of 26th March, 1784, the City Council of Charleston may draw one. An Act to establish certain lotteries therein mentioned, 1794, 1 Faust, 368, and Pamphlet Acts of 1809, p. 51. See also the Act for certain manufactories, and for cleaning out the Savannah river, 2 Faust, 17, 19, A. D. 1795. Presbyterian Church at Charleston, Acts of 1809, p. 54. See also Acts of 1810, p. 60; 1812, p. 45; 1814, p. 65; 1815, p. 68; 1816, p. 31; 1818, p. 52; 1819, p. 54; 1820, p. 15; 1829, p. 5; 1831, p. 52; 1836, p. 87. There are great doubts about the propriety and the policy of encouraging any species of gambling by legislative authority. The best modern opinions are adverse to it. Receivers of Stolen Goods; p. 306. See Pamphlet Laws of 1829, p. 40. See also Act of 3 and 4 William and Mary, ch. 9, 1693. Also Act of 1 Ann, stat. 2, ch. 9, 1701. Also Act of 23 August, 1769, sect. 3. Deer; for the preservation of; see p. 310. And Ordinance of March, 1789, on the same subject. Dower; p. 385. See vol. 2, of this work, p. 736, and vol. 3, index, title Dower. See also an Act for reviving and amending several Acts and Ordinances, p. - |