receive and take the same fees and perquisites in the execution of their A.D. 1755. respective offices, and shall be subject and liable to the like penalties and forfeitures for neglect of duty, as the comptrollers of the country duties for the port of Charlestown have heretofore been subject and liable to, and the public treasurer of this Province, respectively, are entitled to take and receive, and are subject and liable unto, by the laws of this Province.

II. And it is hereby further ordained, That the said country waiter shall have a salary of one hundred pounds per annum, to be paid out of the duties arising on liquors, spirits and other goods and merchandize imported into and exported out of Charlestown; and shall have the same perquisites, powers and authorities, to all intents and purposes, for the executing of his office, as are by law given to any other country waiter in this Province.

HENRY MIDDLETON, Speaker.

In the Council Chamber, the 1st day of February, 1755.

AN ACT FOR IMPOWERING THE CHURCHWARDENS AND VESTRY OF THE No. 831.
PARISH OF ST. BARTHOLOMEW TO DISPOSE OF THE PEWS IN THE
CHAPEL LATELY ERECTED IN THE SAID PARISH.

WHEREAS, a chapel of ease hath been lately erected in the parish of St. Bartholomew, and whereas, there are several pews set up and erected in the same that cannot be disposed of unless a law is passed by the legislature of this Province for that purpose; therefore, in order to authorize and impower the churchwardens and vestry of the said parish to sell, convey and dispose of the said pews to any person or persons that may be desirous of purchasing the same, we humbly pray his most sacred Majesty that it may be enacted,

I. And be it enacted, by his Excellency James Glen, Esq., Governor-inchief and Captain General 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, now met in General Assembly, and by the authority of the same, That the churchwardens and vestry of the said parish, for the time being, shall have power and authority, and they are hereby fully authorized and impowered, to dispose of and to convey to any person and their heirs and assigns, for ever, by an instrument in writing, to be drawn up and executed for that purpose, the said pews, in the manner following; that is to say, the persons who have contributed most toward the building of the said chapel shall be entitled to and have the first choice of the pews in the same; provided, that the moneys contributed, which shall entitle any subscriber to the choice of a pew, shall not make in the whole less than the sum of twenty pounds currency; and in cases where it shall happen that several persons have contributed alike, such persons shall draw lots for the choice; and the churchwardens and vestry of the said parish are hereby directed and required to give preference in the choice of the said pews to those persons who shall have estates in the said parish and have contributed most toward the building of the said chapel, as aforesaid.

II. And be it further enacted by the authority aforesaid, That the moneys which shall be received by the said churchwardens and vestry for the

A. D. 1755.

disposal of the said pews shall be by each and every of them applyed for and towards the defraying the expence of keeping the said chapel from time to time in repair, and to and for no other use, intent or purpose what

soever.

BENJAMIN SMITH, Speaker.

In the Council Chamber, the 12th day of April, 1755.

No. 832. AN ACT for laying out, making and keeping in repair a Road from Purrysburgh to Bee's Creek, in Granville county, and for discontinuing

such part of the present high road as leads from Day's Creek to Purrysburgh.

(Passed April 12, 1755. See last volume.)

No. 833. AN ACT FOR REVIVING AND CONTINUING SEVERAL ACTS OF THE GENERAL ASSEMBLY OF THIS PROVINCE THEREIN MENTIONED, AND FOR AMENDING ONE OF THE SAID ACTS ENTITLED "AN ACT FOR THE BETTER REGULATING OF THE MILITIA OF THIS PROVINCE, AND FOR REPEALING THE FORMER ACTS FOR REGULATING THE MILITIA, AND FOR REPEALING AN ACT ENTITLED AN ACT FOR THE FURTHER SECURITY AND BETTER DEFENCE OF THIS PROVINCE."

WHEREAS, several wholesome and beneficial laws of this Province are near expiring; we therefore humbly pray his most sacred Majesty that it may be enacted,

I. And be it enacted, by his Excellency James Glen, Esq., Governor-inchief and Captain General 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 an Act of the General Assembly of this Province entitled "An Act for the better preventing of excessive and deceitful Gaming," made the sixteenth day of May, in the year of our Lord one thousand seven hundred and fifty-two; and also another Act entitled "An Act to restrain the too frequent sales of goods, wares and merchandize by public auction or outcry in Charlestown, and for the better regulation of such sales," made the fourth day of May, in the year of our Lord one thousand seven hundred and fifty-one; and also another Act entitled "An Act for the better regulating the Militia of this Province, and for repealing the former Acts for regulating the Militia, and for repealing an Act entitled an Act for the further security and better defence of this Province," made the thirteenth day of June, one thousand seven hundred and forty-seven-be, and are hereby declared to be, continued, and enacted to be of full force and virtue, for and during and until the full end and term of three years from and after the passing of this Act, and from thence to the end of the next session of the General Assembly, and no longer.

II. And whereas, disputes have arisen in the districts in the country parishes, with respect to the levying fines on defaulters at musters, for that such defaulters had not been summoned to shew cause why they should

not be fined; for prevention whereof for the future, Be it further enacted A.D. 1755. by the authority aforesaid, That all and every defaulter and defaulters at musters in the country parishes shall (without being summoned) be obliged to attend one of the commissioned officers of the company in which such defaulter shall be enrolled, and make his excuse for not appearing at muster, on or before the next muster day; and unless such excuse shall be admitted by two commissioned officers of the said company, such defaulter shall be obliged to pay the fine inflicted by the Act last above mentioned; any law, usage or custom to the contrary notwithstanding.

BENJAMIN SMITH, Speaker.

Assented to the 14th day of May, 1755.

JAMES GLEN.

AN ACT TO RESTRAIN THE EXPORTATION OF PROVISIONS AND WARLIKE No. 834. STORES FROM THIS PROVINCE, FOR THE TIME THEREIN MENTIONED.

WHEREAS, the exportation of provisions or warlike stores from this Province may, at this time, be greatly prejudicial to his Majesty's subjects in America, we therefore pray your most sacred Majesty that it may be enacted,

Preamble.

warlike stores

1. And be it enacted, by his Excellency James Glen, Esq., Governor-inchief and Captain General in and over his Majesty's Province of South Carolina, by and with the advice and consent of his Majesty's Council and the House of Assembly of this Province, and by the authority of the same, Exportation of That no person or persons whatsoever, at any time or times during the provisions and space of nine months next after the passing of this Act, shall, directly or prohibited for indirectly, lade on board, or cause or procure to be laden on board, any ship nine months. or other vessel or boat, in order to be carried out of this Province to any part of America, any corn, pease, flour, bread, biscuit, beef, pork or bacon, live stock, or any other provisions, (rice only excepted) or any warlike stores, under the penalties and forfeitures hereinafter mentioned; that is to say, that every ship or other vessel or boat which shall load or take on board any of the aforesaid provisions or warlike stores, contrary to the true intent and meaning of this Act, shall be forfeited, with all her guns, tackle, apparel and furniture, and all the said provisions and warlike stores on board the same, or the value thereof, shall be forfeited, the one moiety thereof to his Majesty, his heirs and successors, and the other moiety thereof to him or them that will inform and sue for the same in any court of record in this Province, by bill, plaint, information, or other action.Provided, that nothing in this Act shall extend or be construed to restrain Exception. the exportation of any such commoditys or provisions as shall be necessary to be carried in any ship or vessel or boat, in their voyage from this Province to any part of America, for the sustenance and support of the master, mariners and passengers on board the same, or for the victualling or providing any of his Majesty's ships of war.

searched.

II. And be it further enacted by the authority 'aforesaid, That it shall and may be lawful for the treasurer, comptroller or waiter, at any time Vessels may be within the term aforesaid, to enter into and search all or any ships or vessels bound from this Province to any port of America, and in case they shall discover that any of the aforesaid commodities or provisions have been laden or put on board without bond being given as by this Act is VOL. IV.-3.

A. D. 1755. directed, then to seize all and every such ships and other vessels or boats, and also the corn, pease, flour, bread, biscuit, beef, pork or bacon, live stock, or any other provisions or warlike stores found on board the same, and to secure the same until condemned or delivered by due course of law, and in case of recovery to be divided according to the direction of this Act

Exporter to declare to what port bound.

Fee of the comptroller.

III. Provided, That this Act or any thing therein contained shall not extend to any of the said commodities which shall be exported or shipped to be exported out of or from this Province to any port or place whatsoever, except to the dominions of his most Christian Majesty, so as the exporter do, before the shipping the same, declare the port or place for which the said commodities are respectively designed, and do become bound with other sufficient security in treble the value thereof, to the comptroller of the country duties of the port or place where the same shall be shipped, who has hereby power to take such security in his Majesty's name, to his Majesty's use, for the service of this Province, that such commoditys shall not be landed or sold in any port or place subject to his most Christian Majesty, which bond shall be forfeited unless a certificate shall be produced to the comptroller of the country duties to whom bond was given, within eighteen months after the date of such bonds, from two of the principal officers of his Majesty's customs in the port where the same be landed, that the corn, pease, flour, bread, biscuit, beef, pork or bacon, live stock, or any other provisions or warlike stores, laden on board the ships and vessels or boats, for which bond was given as aforesaid, have been landed in some part of his Majesty's dominions, the dangers of the seas excepted; or unless affidavits by the master or mate, with any one of the mariners, taken before the Governor or other magistrate, authenticated under the provincial seal or certified by a public notary, that the said commoditys have been landed in some foreign port or place not belonging to his most Christian Majesty.

IV. And be it also enacted, That it shall be lawful for the comptroller aforesaid to receive a fee of twenty shillings current money, for his trouble in taking the bond and cancelling the same, and no more.

Assented to the 14th day of May, 1755.

B. SMITH, Speaker.

JAMES GLEN.

No. 835. AN ACT for raising and granting to his Majesty the sum of sixty-two thousand one hundred and thirty-four pounds sixteen shillings and ten pence half penny, and for applying the sum of three thousand and twenty-one pounds three shillings and eight pence (being the balance in the general duty fund) making together the sum of sixty-five thousand. one hundred and fifty-six pounds and six pence half penny, for defraying the charges of this Government for one year, ending the twentyfourth day of March last, and toward repairing the old and building new fortifications in this Province, and for other services mentioned in the schedule to this Act annexed; and also to enable the Public Treasurer for the time being to issue certificates, payable out of the Fortification Fund, for the more immediate repairing and building the said fortifications: And also for raising and granting to his Majesty the further sum of thirty-three thousand and six hundred pounds current money, (which

with the sum of eight thousand and four hundred pounds, provided for A. D. 1755. this service in the schedule aforesaid, is equal to six thousand pounds sterling,) as the contribution of this Province to a common fund to be employed provisionally for the general service in defending his Majesty's just rights and dominions in North America; and appointing Commissioners for stamping and signing Public Orders for the more immediate and expeditious issuing of the said sum of thirty-three thousand and six hundred pounds; and providing a fund for sinking the said Public Orders in five years, by a general tax and assessment on the estates, real and personal, of the inhabitants of and others interested in this Province.

(Passed May 20, 1755. Omitted.)

AN ORDINANCE IMPOWERING THE GOVERNOUR, HIS MAJESTY'S COUN- No. 836.
cil, and the other persons therein named, to settle and REGULATE
THE TRADE TO BE CARRIED ON FROM THE PROVINCE OF SOUTH CARO-
LINA WITH THE CREEK INDIANS,

FORASMUCH as by the latest accounts from the nation of Creek Indians, the subjects of the French King are incessantly labouring to seduce those Indians from the British interest; and forasmuch as the most, likely means of preserving the friendship of the said Indians, and continu- Preamble. ing them in amity with this Government, will be to supply them with British manufactures, and at as cheap and easy rates as can be afforded; and forasmuch as it is expected that several of the chiefs or head men of the said nation will soon be in Charlestown in order to have their trade settled and the prices of goods reduced; we therefore humbly pray his most sacred Majesty that it may be ordained,

nominated who

nation.

I. And be it ordained, by his Excellency James Glen, Esq. Governourin-chief of 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 the Governour or Commander-in-chief of this Province for the time being, and his Majesty's Council, with the advice and consent of Benjamin Smith, Henry Commissioners Middleton, James Michie, John Rattray, Charles Pinckney, junior, George may settle with Austin, John Savage, John Guerard, James Skirving, David Grame and the Creek Thomas Lamboll, Esquires, members of the General Assembly, or a majority of the said members, shall have power and authority, and they are hereby fully authorized and impowered, to settle and regulate with the chiefs or head men of the Creek nation, when they shall come to Charlestown, the trade to be carried on in the said nation by such of the traders as now have or hereafter shall have licences from this Province to trade in any part of the said nation; and also to appoint, set and ascertain the And fix the rate or price, and rates or prices, of all and every article and articles of prices of goods, wares and merchandize, that shall be carried to the said nation by articles, the traders licenced from this Province; provided, that nothing herein contained shall extend, or be construed to extend, to give any power or autho rity for lessening or reducing the present number of traders to the said nation, licenced from this Province, unless it shall appear absolutely neces- traders not to rary for the peace and safety of this Province that the number of the said be reduced untraders be lessened or reduced, in which case his Excellency the Gover- less it be abeolutely necessanour, his Majesty's Council, and the members aforesaid, or a majority of the ry.

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