A. D. 1762. bidden to trade on their own account. V. And be it further enacted by the authority aforesaid, That the said directors, or any or either of them, shall not directly or indirectly, buy, sell, Directors for- barter, exchange or trade with any Indian or Indians whatsoever, on his or their own account, or on the account of any person or persons whatsoever, nor permit or suffer any factor, clerk or other person or persons under their or any of their directions so to do, during the continuance of this Act, but for the only account of the Province and in the manner directed by this Act, except it be for necessary provisions, under the penalty of five hundred pounds proclamation money, for every such offence, to be recovered in such manner as the other fines and penalties inflicted by virtue of this Act are directed to be recovered; one half thereof to the informer or person who shall sue for the same, and the other half to be applied to the uses of the trade aforesaid. May issue certificates. VI. And the better to enable the directors to carry on the said trade and execute and perform all and every the duties enjoined and required of them by this Act, Be it enacted by the authority aforesaid, That it shall and may be lawful for the said directors, or a majority of them, to issue certificates for any sum or sums of money, not exceeding in the whole the sum of six thousand pounds proclamation money, for the uses, intents and purposes aforesaid; and the said certificates shall be received in the public treasury of this Province in payment of all taxes and duties whatsoever. VII. And be it further enacted by the authority aforesaid, That if any The public to loss shall happen in carrying on the said trade, whereby a sufficient fund make good any will not be in the hands of the said directors to enable them to call in and loss. cancel the certificates to be issued by them as aforesaid, then and in that case such loss shall be on account of and paid by the public, and the said directors no way liable to the same. VIII. And be it further enacted by the authority aforesaid, That in setRate of profit. tling the rates of exchanging and bartering with the Indians, no greater advance shall be put upon the goods to be furnished them, than may in the judgment of the said directors be sufficient to defray the necessary expences of transacting, carrying on and managing the said trade, and maintaining the said principal stock; and if upon a final settlement of the accounts of the said trade, at the expiration of this Act, there shall be a surplus of profit, the same shall be paid by the said directors into the hands of the treasurer of this Province, to be disposed of in such manner and to such purposes as the General Assembly shall think fit. Factor to take an oath and give bond. IX. And be it further enacted by the authority aforesaid, That every factor appointed by virtue of this Act, before he takes upon him the office and trust thereby required, shall take an oath before some justice of the peace of this Province for the faithful discharge of his duty, according to the true intent and meaning of this Act; and shall also enter into and duly execute an obligation, with sufficient sureties, to his Majesty and his successors, in the penal sum of one thousand pounds proclamation money, that he will well and truly discharge and execute his trust, and likewise faithfully observe such orders, instructions and directions as shall be sent to him from time to time by the said directors, or a majority of them, and that he will neither directly nor indirectly, buy, sell, barter, exchange or trade with any Indian or Indians on his own account, or on the account of any other person or persons whatsoever, nor suffer any person or persons under his direction so to do, but for the account of the Province only, except it be for necessary provisions; and that he will not knowingly employ any person or persons as assistants in trading with the Cherokees or other Indians, but such as shall be well recommended as honest, sober and prudent persons, and approved of by the said directors, or a majority of them; and the factor or factors so to be A. D. 1762. employed in the trade as aforesaid, shall keep fair, just and regular accounts of all his and their dealings relative to the said trade, and deliver fair trans- To render an cripts thereof into the hands of the said directors, at least once a year, and shall also settle and adjust the same yearly, or oftener if required, with the said directors. account. X. And be it further enacted by the authority aforesaid, That if any such factor or factors, or clerk or assistant, or other person or persons Penalty for employed by him or them, shall presume to demand higher or greater extortion. prices or rates from the Indians for any goods sold them, or exchanged or bartered with them, than they shall be fixed at, or allow the said Indians less for their skins and peltry than directed and instructed to do by the directors aforesaid, every such factor, clerk, agent or assistant, or person or persons employed as aforesaid, shall forfeit and pay the sum of one hundred pounds proclamation money, and the salary that may be due to them, for every such offence, one half thereof to be paid to the said directors, to be disposed of by them in purchasing goods and carrying on the said trade, and the other half thereof to such person or persons as shall sue or prosecute for the same, to be recovered in the manner hereinafter directed; and the offender or delinquent shall thenceforth during the continuance of this Act, be altogether disabled from holding or exercising any office within this Province. sons to trade Indians. XI. And be it further enacted by the authority aforesaid, That no person or persons whatsoever, other than the said directors, their factors, None but authorized perclerks and assistants, nominated and appointed as aforesaid, from and after the passing of this Act, shall presume on any pretence whatsoever, direct- with the ly or indirectly, to sell, exchange or barter with any Cherokee Indian or other Indian in or passing to or from the Cherokee nation, or the factory aforesaid, any goods, wares or merchandizes, of what nature or kind soever, provisions only excepted, under the penalty of one hundred pounds proclamation money for every such offence, to be recovered and disposed of in the manner and for the purposes hereinafter directed; and if such person so offending shall not be able to pay the said fine, then to be committed to the public goal during the space of twelve months, without bail or mainprize; any law or laws of this Province to the contrary in any wise notwithstanding. ing, &c. to XII. And be it further enacted by the authority aforesaid, That where any factor shall be removed by the said directors from his office of factor, Factor resignor surrender up his said office, he shall immediately after such removal or deliver up the surrender, deliver up to the said directors or to such person as they shall books and appoint for that purpose, all the books, public accounts and papers belong- accounts. ing to or concerning the trade aforesaid and the trust committed to his care, whole and entire and undefaced, under the penalty of two hundred pounds proclamation money, to be recovered in the manner and for the uses hereinafter directed; and where any factor shall die or be removed from his said office and trust, the executors or administratros of such factor shall in like manner deliver all the books and papers which shall come to their hands, relating to the accounts and transactions of the said trade, to the directors aforesaid, or to their order, under the like penalty. Commander of XIII. And be it further enacted by the authority aforesaid, That the commanding officer of Fort Prince George for the time being, or any per- Fort George. son under his command or residing in the said fort, shall not in any wise or on any pretence whatsoever, be concerned in trading with the Cherokee Indians, or any other Indians, under the penalties inflicted by this Act on others in the like cases offending; and he is hereby enjoined and required A. D. 1762. No person to bring Indians into the settlement. to give all manner of assistance and protection to the factor or factors residing there, to carry on with effect the trade aforesaid, and by no means to molest or interrupt him or them, or the Indians, in trading according to the true intent and meaning of this Act. XIV. And be it further enacted by the authority aforesaid, That no person or persons whatsoever shall presume to bring down any Cherokee Indian or Indians into the settlements, without directions for so doing from the Governor or Commander-in-chief for the time being, under the penalty of one hundred pounds proclamation money, to be recovered in any court of record in this Province; and if such person or persons so offending shall not be able to pay the said fine, then to be committed to the public goal during the space of twelve months, without bail or mainprize. XV. And be it further enacted by the authority aforesaid, That no justice of the person shall be appointed a factor for the purposes aforesaid, but one who is in the commission of the peace; and that such factor shall have power and authority, upon view of any person or persons transgressing this law, or upon receiving information upon oath of any person or persons so doing, to issue his warrant to apprehend such person or persons, and him or them to bind over with sufficient sureties, to appear at the next general sessions to answer for the said offence; and for want of such sureties, by warrant to send and to commit such offender or offenders to the common goal in Charlestown, there to remain until discharged by due course of law Factor to act as peace. Disposal of fines. be held to special bail. XVI. And be it further enacted by the authority aforesaid, That all the fines, penalties and forfeitures inflicted and imposed by this Act, not particularly disposed of, nor the method of recovery directed, shall and may be sued for and recovered in any court of record in this Province, by action of debt, bill, plaint or information, wherein no essoign, privilege, protection or wager of law shall be allowed or admitted, nor any more than one imparlance; one half of which fines, forfeitures and penalties to be paid to the said directors of the said Indian trade, to be disposed of by them in purchasing goods and carrying on the said trade, and the other half thereof to such person and persons as will inform and sue for the same. XVII. And for the more effectual prosecution of any persons or perDefendants to sons who shall offend against this Act, Be it further enacted by the autho rity aforesaid, That in every action or prosecution which shall be brought for the recovery of any fine, penalty or forfeiture imposed and inflicted by this Act, which action or prosecution is hereby directed to be brought within twelve months after the offence committed, and at no time after, the defendant or defendants shall be held to special bail; and in case the informer or prosecutor shall obtain judgment, he shall recover his full costs of suit; any law, usage or custom to the contrary thereof in any wise notwithstanding. be directors. XVIII. And be it enacted by the authority aforesaid, That no memWho shall not ber of his Majesty's Council or member of the Commons House of Assembly for the time being, shall be a director for carrying on the trade aforesaid; and in case any of the directors before mentioned, shall happen to die, refuse to act or depart this Province, then his Excellency the Governor or Commander-in-chief for the time being, is hereby impowered from time to time to appoint one or more fit person or persons in the room of him so dying, refusing to act or departing this Province. Vacancies. Directors to give notice XIX. And be it further enacted by the authority aforesaid, That whenever the said directors shall have occasion to purchase goods in this Province when about to for the purposes aforesaid, they shall be obliged, and they are hereby enpurchase goods or hire wagons. joined, to give five days public notice to all persons having such goods to dispose of, to send in to such directors their proposals and prices; and in like manner whenever the said directors shall have occasion to hire wagons or horses to carry such goods to Keowee, they shall be obliged, and are hereby enjoined, to give public notice to all persons having horses or wagons to hire, to send in their proposals to the said directors for the carriage of such goods, to the intent that the public may be furnished on the best terms. XX. And be it further enacted by the authority aforesaid, That in case any person shall be molested, sued, prosecuted or impleaded, for any matter or thing done by virtue of or in execution of this Act, it shall and may be lawful for every such person to plead the general issue and give this Act and the special matter in evidence; and in case the plaintiff or prosecutor shall become non-suited, suffer a discontinuance, or a verdict or judgment shall pass against him or them, the defendant shall have double costs of suit, for the recovery whereof, he shall have the like remedy as where costs are given by law to other defendants. A. D. 1762. This Act may be pleaded. three years. XXI. And be it further enacted by the authority aforesaid, That this Act shall be in force for three years from and after the passing thereof, and Limitation from thence to the end of the next session of the General Assembly of this Province, and no longer; and that this Act shall be deemed a public A public Act. Act, and all courts in this Province are to take notice of the same without special pleading. B. SMITH, Speaker. Assented to: THOMAS BOONE. In the Council Chamber, the 29th day of May, 1762. AN ACT for establishing a ferry from the plantation of George Roupell, No. 921. Esq., called Patterson's Point, on Port Royal Island, to the land now of Joshua Morgan, on the Indian land, and for vesting the said ferry in the said George Roupell, his executors, administrators and assigns, for the term of ten years; and for establishing one other ferry from the said land of Joshua Morgan to the said plantation of George Roupell, Esquire, and for vesting the same in the said Joshua Morgan, his executors, administrators and assigns, for the like term. (Passed May 29, 1762. See last volume.) AN ACT TO REGULATE THE Coasting TRADE OF THIS PROVINCE, AND No. 922. WHEREAS, notwithstanding several Acts of parliament have been passed for securing and regulating the trade to and from the plantations, Preamble. yet unlawful and indirect means are frequently made use of, not only to elude the payment of such duties as ought to be paid to his most gracious Majesty, and such as have been imposed by Acts of Assembly for the support of this Province, but also to supply his Majesty's enemies with provision, ammunition and stores of various kinds; we, his Majesty's loyal and A. D. 1762. dutiful subjects, being desirous to show our abhorrance of, and to use our best endeavors to discourage such practices, so distructive to the fair trader, so contrary to the general good of all his Majesty's subjects, and so repugnant to the spirit and intention of the said Acts of Parliament, pray your most sacred Majesty that it may be enacted, Owners of vessels to give bond. I. And be it enacted, by his Excellency Thomas Boone, Esquire, Captain General, Governor and Commander-in-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, and by the authority of the same, That the owner or owners of every coasting boat or vessel, capable of carrying six tons, or some responsible person in his, her or their behalf, shall be obliged, and he, she and they is and are hereby required, within one month after passing this Act, to give bond, (which shall be renewed once in every twelve months) in the penalty of one hundred pounds proclamation money, to the public treasurer of this Province, or the treasurer of the port of Beaufort Port Royal, or the treasurer of the port of Georgetown Winyaw, for every such boat or vessel, the condition of which shall be, that his, her or their respective boats or vessels, shall not depart this Province in order to go to any port out of the same, without first clearing in the usual manner at the proper and accustomed offices, at some port of entry within the same, and that they shall not after clearing out as aforesaid take in at any harbour, creek or river in this Province, any goods or provisions, in order to be exported therefrom, and that they shall not return from any port or place out of this Province to any place within the same, that is not a port of entry, and that they shall not convey to be put on board, or taken in from any ship or vessel at sea, or on the coasts of this Province, any goods of any nature or kind whatsoever; which bond the respective treasurers shall take without fee or reward, the penalty of which, if forfeited, shall be applied and disposed of, one half to his Majesty for the use of this Province, and the other half to him or them that will inform and sue for the same; provided, that all suits or prosecutions for the recovery thereof, shall be commenced within six months after the offence committed, and not afterwards; and in case any owner or owners of any such coasting boat or vessel as aforesaid, shall neglect or refuse to give, or cause to be given, such bond as aforesaid, by the times hereinbefore directed, he, she and they respectively shall forfeit the sum of one hundred pounds proclamation money, one half of which shall be to the use of his Majesty, to be applied as the General Assembly shall appoint, and the other half thereof to him who shall inform and sue for the same in any court of record in this Province, by action, bill, plaint or information. II. And be it also enacted by the authority aforesaid, That if any provision, ammunition, goods or merchandize, shall be taken on board or unloaded in any coasting boat, or in any other boat or vessel whatever, contrary to the true meaning of this Act, the same, together with the said boat or vessel in which the same shall be so found, with all its furniture, shall be forfeited and lost, unless a permit be first obtained for the purpose from his Excellency the Governor, or the collector of his Majesty's customs, one half to his Majesty for the use aforesaid, and the other half to him or them that shall inform, seize or sue for the same, and which shall be recovered in manner aforesaid. III. And for the better ascertaining and more fully making known what are the limits and extent of the said ports of entry, and in order that ships and vessels bound to the said ports respectively, may come directly to their place of unloading, It is hereby further enacted, That the only place and time for shipping and discharging of all ships and vessels, goods and mer |