said, during the term of two years, to commence and take place from the A.D. 1762. day the said Charles Garth, Esq., shall receive a copy of this Act, so as to be enabled thereby to pursue the instructions thereof; which said salary he shall be hereby entitled to, over and above all such reasonable charges and disbursements as he shall be put unto on account of his said agency. B. SMITH, Speaker.

In the Council Chamber, the 19th day of May, 1762.

AN ACT for vesting the Ferry over Ashley river, in Edward Legge, his No. 914. Executors, Administrators and Assigns, for fourteen years.

(Passed May 19, 1762. See last volume.)

AN ORDINANCE FOR APPOINTING MR. JOSEPH HUTCHINS COUNTRY No. 915.
WAITER FOR THE PORT OF CHARLESTOWN, AND MR. RICHARD STE-
VENS, COUNTRY WAITER FOR THE PORT OF BEAUFORT, PORT ROYAL.

WHEREAS, it is necessary that country waiters for the ports of Charlestown and Beaufort, Port Royal, should be appointed,

I. Be it therefore ordained, by his Excellency Thomas Boone, 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 Mr. Joseph Hutchins be, and he is hereby constituted and appointed, country waiter for the port of Charlestown, to all intents and purposes whatsoever.

II. And be it further ordained by the authority aforesaid, That Mr. Richard Stevens be, and he is hereby constituted and appointed, country waiter for the port of Beaufort, Port Royal, to all intents and purposes whatsoever.

B. SMITH, Speaker.

In the Council Chamber, the 19th day of May, 1762.

Assented to:

THOS. BOONE.

AN ACT for dividing the Road leading from the upper Settlement, No. 916. near the Catawba nation, to Nelson's (late Beard's ferry) in two districts, and appointing a greater number of Commissioners for the said road; and for laying out a road, from Saunder's Creek to Pedee river; another from Murray's ferry to Nelson's (late Beard's) ferry; and anothor from the plantation of Dennis Hagen, in Craven county, to Murray's ferry; and for impowering the Commissioners of the high-roads in St. James's Santee, to build a new bridge over Wambaw creek, in the said parish; and also, impowering the Commissioners of the high-roads for the parish of St. George, to alter the road leading through the village of Dorchester.

A. D. 1762.

No. 917. AN ACT for finishing, compleating and keeping in repair a road already laid out from Day's creek bridge, in Granville county, to the plantation of Jermyn and Charles Wright, called Rochester, situate on Savannah river, in the said county, and for establishing a ferry over the said river, from the said plantation of the said Jermyn and Charles Wright, to the plantation of Jonathan Bryan, in Georgia.

(Passed May 29, 1762. See last volume.)

No. 918. AN ORDINANCE FOR APPOINTING A COMPTROLLER OF THE COUNTRY DUTIES FOR THE PORT OF CHARLESTOWN.

WHEREAS, it is necessary that a comptroller of the country duties for the port of Charlestown should be appointed;

1. Be it therefore ordained, by his Excellency Thomas Boone, Esquire, Captain General and Governor-in-chief, in and over the Province of South Carolina, 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 Samuel Prioleau be, and he is hereby appointed and declared, comptroller of the country duties for the port of Charlestown, to all intents and purposes whatsoever.

B. SMITH, Speaker.

In the Council Chamber, the 29th day of May, 1762.

Assented to:

THO. BOONE.

66

No. 919. AN Additional ACT TO AN ACT INTITLED An Act to encourage the making of Hemp."

WHEREAS, an Act intitled "An Act to encourage the making of hemp," past the twenty-third day of February, in the year of our Lord one thousand seven hundred and twenty-two, hath proved insufficient for the purposes intended; may it therefore please his most sacred Majesty that it may be enacted,

I. And be it enacted, by his Excellency Thomas Boone, Esq., Governor-in-chief 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 over and above the premium of eight shillings and four pence proclamation money, per hundred pounds weight, given as an encouragement for making of hemp in this Province by the said recited Act, a further premium or sum of six shillings proclamation money, shall be, and is hereby, given out of the public treasury of this Province, for every hundred pounds weight of well dressed merchantable hemp, reckoning five score to the hundred, and so on in proportion for all under or above that quantity made in this Province, to be paid to the maker or makers thereof in manner hereinafter directed.

II. And be it further enacted by the authority aforesaid, That Robert A. D. 1762. Pringle, James Reid, William Wooddrop, Thos. Shubrick and Frederick Grimkey, Esquires, shall be, and they are hereby nominated and appoint- Inspectors. ed, inspectors of such hemp as shall be made in this Province; and they or any three of them shall and may judge and determine whether the same is of such quality as to be intitled to the premium given by this Act.

III. And be it further enacted by the authority aforesaid, That no person whosoever shall be intitled to the said bounty, unless he or she Oath of the shall make oath before the said inspectors or some one or other of grower. them, who are hereby impowered to administer such oath, and also the other oath hereinafter mentioned, that he or she made in this Province the hemp produced to such inspectors, mentioning the weight thereof, and that neither he or she or any other person before that time had received any premium or bounty for the same; or unless such person or persons shall sign and swear to a certificate before some magistrate in the country, that he or she is the real owner of a quantity of hemp, expressing the weight thereof, and that the same is of the growth and produce of his or her plantation, mentioning the place where the same is situate in this Province, and that he or she hath either absolutely sold or delivered the same to another person, mentioning also the name of such person, to be carried to Charlestown and sold or otherwise disposed of on his or her accouut; and unless such person to whom the same is so sold or delivered shall produce such certificate, attested before a justice of the peace, and swear before the said inspectors or one of them, that the hemp produced by him or her to such inspectors, is the hemp so sold or delivered to him or her by the person swearing to such certificate as aforesaid, and that neither he or she, or any other person, before that time had received any bounty or premium for the same; which said certificate shall be in the words and to the effect following;

"I, A. B., of

the real owner of

in

county, do hereby certify, that I am weight of hemp, and that the same is of the

county in this Form of

or (as the

certificate.

growth and produce of my plantation, situate in
Province, and that I have absolutely sold the same to
case shall be,) delivered the same to C. D., to be conveyed to Charles-
town to be sold or otherwise disposed of by him on my account.
"The above certificate was signed and

day of

E. F., J. P."

A. B.

IV. And be it further enacted by the authority aforesaid, That if any person or persons shall take a false oath before any justice of the peace fraud. Penalty for

in this Province, in order to procure his attestation of such certificate or certificates of the growth of hemp, all and every such person and persons shall be deemed and adjudged guilty, and shall suffer the pains and penalties, of wilful and corrupt perjury; and every justice of the peace, planter or maker of hemp, or other person who shall be guilty of any fraud in attesting, signing or swearing to such certificate, shall forfeit the sum of one hundred pounds proclamation money, to be recovered and applied as hereinafter is directed.

Public Treasurer to pay the

V. And be it further enacted by the authority aforesaid, That the public treasurer for the time being shall be, and he is hereby, obliged and required to pay the said premiums on hemp to the maker or makers thereof, bounty. or to the possessor or possessors of the certificate or certificates, to be sworn and attested as aforesaid, upon such maker's or possessor's producing to the

treasurer a certificate from the inspectors, or any three of them, that such maker or possessor hath complied with the terms of this Act and is intitled to receive such bounty.

VI. And be it further enacted by the authority aforesaid, That the pen. alty and forfeiture by this Act imposed, shall and may be prosecuted, determined and recovered by action of debt, in his Majesty's court of common pleas in this Province, wherein no essoign, protection, privilege or wager of law, or more than one imparlance, shall be admitted or allowed; and the said penalty and forfeiture shall be applied, one moiety to his Majesty for the use of this Government, and the other moiety to him or them that will sue for the same.

VII. And be it further enacted, That this Act shall continue and be of force for the term and space of five years, and no longer.

BENJAMIN SMITH, Speaker.

In the Council Chamber, the 29th day of May, 1762.

Assented to: THO. BOONE.

No. 920. AN ACT TO REGULATE THE TRADE WITH THE CHEROKEE INDIANS, BY TAKING THE SAME INTO THE HANDS OF THE PUBLIC OF THIS PROVINCE.

Preamble.

WHEREAS, the Cherokee Indians have requested that this Government would regulate the trade with them, prevent abuses therein, and provide that they may be furnished with a sufficiency of necessary goods by honest and sober men at reasonable rates, the granting of which request may be not only productive of much good to those people, but tend to the safety and tranquility of this Province, and to strengthen and secure the peace and friendship lately concluded between the said Indians and this Government, and to induce them to withdraw themselves from the French, and effectually to secure their affection to the British interest: and whereas, the coming down of the Cherokee Indians to Charlestown on frivolous occasions hath been attended with great expence to the Province; in order to prevent which, and the abuses complained of, and to effectuate the good purposes aforesaid, it is absolutely necessary that the Cherokee Indian trade, and the power and liberty of supplying the Cherokees with goods, wares and merchandizes, should be taken into the hands of the Government in the manner hereinafter directed; we therefore humbly pray your most sacred Majesty that it may be enacted,

I. And be it enacted, by his Excellency Thomas Boone, Esq., Governor-in-chief 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 Fort Prince George, at Keowee, shall be, and is Commissioners hereby appointed, the only place from whence to carry on the Cherokee Indian trade aforesaid, under the directions hereinafter expressed and declared; and that Thomas Lambole, Thomas Shubrick, Gabriel Manigault, John Savage and Thomas Smith, of Broad-street, Esquires, shall be, and are hereby nominated and appointed, directors to carry on the Indian trade aforesaid; and the said directors, or a majority of them, shall have full power and authority to do, execute and perform the several duties and things enjoined and required of them by virtue of this Act, during the continuance thereof; and shall once in every year adjudge and settle their

appointed to carry on the Cherokee trade.

accounts, and render the same to the Assembly of this Province for the time A. D. 1762. being, therein setting forth the nature, manner and profits of the trade aforesaid; and shall be allowed for their trouble two and a half per centum Their compenon the purchase of the goods, and two and a half per centum on the sales sation. of the returns, and no more, including storage in Charlestown.

II. And be it further enacted by the authority aforesaid, That one fit person shall be nominated and appointed by the directors, or by a majority of A factor to be them, as a factor to carry on the said trade at the factory at Keowee afore-appointed at said, which factor, so to be nominated and appointed, shall constantly reside at Keowee aforesaid, and shall receive as an annual salary for his trouble in carrying on the said trade the sum of three hundred pounds proclamation money; and in case any factor nominated and appointed by virtue of this Act should refuse to serve, die, or be removed by the directors for misbehaviour, or surrender up his said trust and office, the said directors, or a majority of them, shall in like manner proceed to nominate and appoint one other fit person to serve as factor in the place and stead of him who shall refuse to serve, die, be removed, or surrender up his trust and office as aforesaid; provided always, that the directors aforesaid, or a majority of them, shall be at liberty from time to time, during the continuance of this Act, at their pleasure, to remove any factor hereafter to be appointed by virtue of this Act, and one other factor to nominate and appoint in the place and stead of the factor so removed; and for the better enabling the said factor the more effectually to manage the business of the said factory, the said directors, or a majority of them, shall nominate and appoint two persons as Clerks and clerks, and two white men as porters, not being soldiers, to reside in the porters. factory aforesaid, subject to the directions of the factor to be appointed by virtue of this Act, and to be removed at the pleasure of the said directors; and the said clerks so to be appointed, shall be allowed one hundred and Salaries. forty-pounds proclamation money, each, as their salaries; and each of the said porters shall have an annual salary of forty pounds proclamation money. III. And be it further enacted by the authority aforesaid, That the said directors, or a majority of them, shall constantly, from time to time, during The directors to supply the the continuance of this Act, furnish and supply the said factor with proper factor with assortments of goods, wares and merchandizes, which the said factor shall goods. sell, exchange and barter with the Indians for their skins and peltry, or for money, at such rates as shall be from time to time settled by the said directors or a majority of them.

IV. And be it further enacted by the authority aforesaid, That the said Returns to be directors, or a majority of them, shall from time to time, with such money sold in as shall be granted and appropriated for that purpose, purchase from the Charlestown. importers, or import, as shall be most conducive to the benefit of the said trade, and send out to the said factory, necessary assortments of goods, wares and merchandizes, for carrying on the trade aforesaid; and shall receive the skins, peltry and other goods that shall be sent in as returns for the same, and sell or dispose thereof, by themselves or such other person or persons as they shall appoint, in lots, by way of public auction or vendue in Charlestown, to the highest bidders, giving at least ten days notice in the public newspapers of this Province of such sale, together with the particular assortments and quantities of the goods, wares and merchandizes so to be sold; provided nevertheless, that no lot of such goods, wares and merchandizes shall exceed in value fifty pounds proclamation money; in which purchases and sales the directors aforesaid, their factor and all and every other person or persons to be appointed or employed by them, shall use their utmost care, diligence and circumspection for the public good and interest.

VOL. IV.-22.