A. D. 1758. Further assess 1. And be it enacted, by his Excellency William Henry Lyttelton, Esq., 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 ment allowed. of the same, That it shall be lawful for the vestry of the parish of St. Philip, Charlestown, at such times as they shall order an assessment to be made, pursuant to the directions of the Act first above recited, for reimbusing the churchwardens and overseers the money by them expended the preceding year, also to order to be assessed any further sum, not exceeding the value of two hundred pounds proclamation money over, to remain as a fund in the hands of the churchwardens and overseers of the poor, for relief of the poor of the parishes of St. Philip and St. Michael, Charlestown, for the year ensuing; any thing in either of the above recited Acts contained to the contrary thereof in any wise notwithstanding. Increase of penalties. II. And whereas, the penalties inflicted by the said recited Acts on the churchwardens and overseers of the poor are so small that the persons appointed would rather pay the same than undertake the service, Be it therefore further enacted, by the authority aforesaid, That any person chosen and appointed to be a churchwarden or overseer of the poor in any parish in this Province, who shall refuse to serve in either of the said offices, instead of the penalties inflicted by any former Act, shall forfeit the sum of ten pounds proclamation money, two thirds of which forfeiture shall be paid into the hands of the churchwardens or overseers of the poor of the parish where the offence shall be committed, to be disposed of toward the relief of the poor, and the other third to him or them who will inform and sue for the same, by action of debt, bill, plaint or information, in any court of record in this Province, wherein no essoin, privilege, protection or wager of law shall be allowed or admitted, nor any more than one imparlance. Provided always, that no person shall be obliged to pay the said forfeiture, or be liable to serve in either of the said offices, oftener than once in seven years; any usage or custom to the contrary notwithstanding. B. SMITH, Speaker. In the Council Chamber, the 19th day of May, 1758. Assented to: WM. HENRY LYTTELTON. No. 870. AN ACT establishing a Road lately laid out from Tippicut Law Old Field, in St. John's Parish, to Murray's ferry road, in St. Stephen's Parish, and for discontinuing such part of Murray's ferry road as is therein mentioned. (Passed May 19, 1758. See last volume.) No. 871. AN ACT for establishing a Ferry from Hooping Island to Boone's Island, and to open a communication from thence to the high road on Edisto Island. (Passed May 19, 1758. See last volume.) AN ACT IMPOWERING MAGISTRATES TO ENLIST VAGRANTS IN THE A. D. 1758, No. 872, Preamble, WHEREAS, an Act was made the sixth day of July, in the thirty-first year of his present Majesty's reign, for raising a regiment in the pay of this Government of South Carolina, to consist of seven hundred men, besides officers, which regiment is far from being compleated; and whereas, the impowering of magistrates to enlist vagrants will tend not only to the speedy compleating of the said regiment, but may render such vagrants (who at present are but burthensome and injurious to the industrious inhabitants) beneficial to the community, in defending the Province; we therefore humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by his Excellency William Henry Lyttelton, Esq. 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 Who are authority of the same, That all idle, lewd, disorderly men, who have no vagrants, habitations or settled place of abode, or no visible way or means of maintaining themselves, all sturdy beggars, and all strolling or straggling persons, shall be, and they are hereby deemed and declared to be, vagrants, and as such shall be liable to be enlisted and serve in the South Carolina regiment, in the manner hereinafter directed and appointed. rants may II. And be it also enacted by the authority aforesaid, That within one month after the passing of this Act, all persons whosoever having a All persons warrant under the hand and seal of any justice of the peace for that pur- having warpose, provided that such justice is not an officer in his Majesty's army, apprehend shall have power and authority, and they are hereby fully authorized and vagrants. impowered, to apprehend and take up any such vagrant in any part of this Province, and to carry him forthwith to the next justice of the peace, to be dealt with in the manner hereinafter directed. Issue a warrant III. And be it also enacted by the authority aforesaid, That every justice of the peace in this Province, not being an officer in his Majesty's army, Justices of shall be obliged, and he is hereby enjoined and required, upon receiving peace may information of any vagrant being in his county, forthwith to issue his war- to apprehend rant, directed to any lawful constable, or to any other person in the absence a vagrant. of the constable, requiring him to apprehend such vagrant, and to carry him before such justice or any other justice of the peace of the same county; and the constable to whom such warrant shall be directed, or other person in the absence of the constable, shall be, and he is hereby, obliged and required to execute the same. freeholders to IV. And be it also enacted by the authority aforesaid, That when any vagrant (apprehended upon a warrant as aforesaid) shall be brought before Justice and two any justice of the peace, he shall immediately summon two neighboring constitute a freeholders, who are hereby required to attend such justice forthwith, court for deciding on vawhich justice and freeholders so assembled shall examine into the matter, grants, who are and if they, or any two of them, shall be of opinion that such person so to serve three brought before them is a vagrant, within the intent and meaning of this years. Act, they shall forthwith deliver such vagrant to the nearest recruiting officer of the South Carolina regiment, with a certificate thereof under the hands of such justice and one or both of the said freeholders; and such recruiting officer shall cause such vagrant to be brought with the said certificate, as soon as conveniently may be, before the chief justice or any A. D. 1758. Fees. A public Act. two justices of the quorum in Charlestown, who shall re-examine the matter, and if he shall appear to be a vagrant as aforesaid, the said chief justice or justices of the quorum shall declare him to be enlisted as a private soldier in the said regiment, and not before, and his pay shall commence from the day he was first taken up, and he shall be liable to serve three years in the said regiment, if the same shall be so long continued. V. And be it also enacted, That the chief justice or justices of the quorum shall have a fee of thirty shillings current money for every vagrant they shall enlist, and the constable or other person who shall take up a vagrant as aforesaid, shall be paid the sum of seven shillings and six pence, with the accustomed fee of mileage, which, with the charges of conveying such vagrant to Charlestown, shall be defrayed out of the monies provided for paying the said regiment. VI. And be it also enacted by the authority aforesaid, That this Act shall be, and is hereby declared to be, a public Act, of which all courts of judicature in this Province are to take notice without special pleading. B. SMITH, Speaker. In the Council Chamber, the 19th day of May, 1758. Assented to: WILLIAM HENRY LYTTELTON, No. 873. AN ORDINANCE TO APPOINT MR. HENRY BEDON COUNTRY WAITER FOR THE PORT OF CHARLESTOWN. WHEREAS, Henry Kennan, who was formerly appointed country waiter for the port of Charlestown, is removed into the country, and it is necessary that the person who enjoys that office should reside in the said town; I. Be it therefore ordained, by his Ecellxency William Henry Lyttelton, Esq., 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. Henry Bedon be, and he is hereby appointed, country waiter for the port of Charlestown, in the room of the said Henry Kennan; and the said Henry Bedon shall have the same powers and authorities, and shall be entitled unto, receive and take the same fees and perquisites in the execution of his said office, and shall be subject and liable to the like penalties and forfeitures for neglect of duty, as former country waiters for the port of Charlestown have been entitled unto, taken and received, and are subject and liable unto; and the said Henry Bedon shall receive a salary of one hundred pounds per annum, currency, to be paid him yearly by the public treasurer, out of the duties arising on spirituous liquors and other goods and merchandizes imported into and exported out of the said port of Charlestown. BENJAMIN SMITH, Speaker. In the Council Chamber, the 19th day of May, 1758. [The Editor has, for some years back, omitted the substance of the lengthy anqual tax and appropriation Acts, where the subject matter and the clauses were so similar as to afford little variation and no information. It seems proper to resume the insertion of these Tax Acts for a few more years, as examples of this class of Acts, at renewed intervals.] A. D. 1758. AN ACT FOR RAISING AND GRANTING ΤΟ HIS MAJESTY THE SUM OF No. 874. ONE HUNDRED AND SIXTY-SIX THOUSAND FOUR HUNDRED AND THIRTY- SEVENTY-FOUR THOUSAND FIVE HUNDRED AND SEVEN POUNDS EIGHTEEN GOVERNMENT FROM THE TWENTY-FIFTH DAY OF MARAH, ONE THOU DAY SAND SEVEN HUNDRED AND FIFTY-SEVEN, TO THE TWENTY-FOURTH OTHER SERVICES THEREIN MENTIONED. WHEREAS, by a schedule made of the charges of this Government for the year ending the twenty-fourth day of March, one thousand seven hundred and fifty-eight, and for other services in the said schedule mentioned, it appears that the sum of one hundred and seventy-four thousand five hundred and seven pounds eighteen shillings and one penny farthing, will be wanting for those purposes, for defraying whereof we, his Majesty's most dutiful and loyal subjects the Commons House of Assembly of this Province, have cheerfully given and granted, and do hereby give and grant unto his most sacred Majesty, the said sum of one hundred and seventy-four thousand five hundred and seven pounds eighteen shillings and one penny farthing, to be raised, levied and applied in the manner and to the uses, intents and purposes in this Act hereafter specified, mentioned, limited and appointed, and for no other use, intent or purpose whatsoever; we therefore humbly pray his most sacred Majesty that it may be enacted, Preamble. amount of levied. I. And be it enacted, by his Excellency William Henry Lyttelton, Esq., 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 a tax or sum of one hundred and sixty-six Taxes to the thousand four hundred and thirty-eight pounds fourteen shillings and seven £166,438, 148. pence farthing, current money of South Carolina, be imposed and levied 7d4, to be on the several inhabitants and others interested in this Province, in the manner hereinafter mentioned; that is to say, the sum of thirty-five thousand four hundred and fifty pounds fourteen shillings and two pence three farthings, part thereof, on the inhabitants of the parishes of St. Philip and St. Michael; and the sum of one hundred and thirty thousand nine hundred and eighty-eight pounds and four pence half penny, residue thereof, on the several inhabitants of this Province without the said parishes; Whole sum which said sum of one hundred and sixty-six thousand four hundred and appropriated, £174,507, 18s. thirty-eight pounds fourteen shiliings and seven pence farthing, with the lid. sum of eight thousand and sixty-nine pounds three shillings and six pence, (the surplus of tax and balance of a fund in the treasury) making together A. D. 1758. Distribution of taxation. Taxables to render an account on oath or affirmation. one hundred and seventy-four thousand five hundred and seven pounds eighteen shillings and one penny farthing, shall be applied to the use of his Majesty for the support of this Government, in manner as is hereinafter mentioned. II. And for the more certain and effectual levying the said sum of one hundred and sixty-six thousand four hundred and thirty-eight pounds fourteen shillings and seven pence farthing, It is hereby enacted and declared, That the sum of thirty-six shillings, current money, per head, shall be levied on all negroes and other slaves whatsoever within the limits of this Province; and the sum of thirty-six shillings per hundred acres on all lands throughout the said Province (town lots without the limits of Charlestown excepted); and the sum of eighteen shillings on every hundred pounds of monies at interest in this Province; and at the rate of four per centum on all monies arising from annuities; and the sum of thirty-six shillings per head on all free negroes, mulattoes and mustees, from ten to sixty years of age, who pay no other part of the taxes imposed by this Act; and the sum of two shillings and six pence per head on black cattle, (that is to say) upon all calves, exceeding thirty in number, raised, marked, branded or sold by any person in one year. Provided, that nothing herein contained shall be extended to oblige the new settlers in any part of this Province to the payment of any part of the said tax for their lands granted to them of his Majesty's bounty, who shall make oath before the collector of the tax in the respective parish where such new settler resides, that he settled himself in this Province upon the encouragement given by this Government, and hath not resided ten years in this Province; but such new settlers shall pay tax for their slaves, monies at interest, and black cattle as aforesaid, as other inhabitants do; any thing herein contained to the contrary in any wise notwithstanding. III. And be it also enacted by the authority aforesaid, That all persons whoever, living out of the limits of the parishes of St. Philip and St. Michael, who are possessed of any lands, slaves, black cattle as aforesaid, or monies for which they receive interest, in this Province, (lands whereon any churches or other buildings for divine worship, or for free schools, are erected or built, and all slaves appurtenant to or going with such churches or lands, and all monies appropriated for charitable uses, always excepted) either in their own right or in the right of any other person, or are liable to pay any tax by virtue of this Act, shall, on or before the first Tuesday in January next ensuing, render a particular account thereof in writing, upon oath or affirmation, and in what parish the said lands and slaves do lie, to the best of his or her knowledge, to the inquirers and collectors for the several parishes and places respectively where the person who is to render such account does live and reside, at such time and place as the said inquirers and collectors, or any of them, shall direct or appoint for the doing thereof, so that the same be done on or before the said first Tuesday in January next; which oath or affirmation shall be in the following words, to wit, "I, A B, do swear (or affirm, as the case shall be) that the account which I now give in is a just and true account of all the lands and slaves, monies I have upon bond or other specialty, or note bearing interest, (which I believe to be good) over and above what I pay interest for, and annuities, which I am possessed of, interested in or entitled unto, either in my own right or in the right of any other person or persons whosoever, as guardian, executor, attorney, agent or trustee, or in any other manner whatever; and also of all the black cattle, (that is to say) calves which I have raised, branded, marked or sold, exceeding thirty in number, within twelve months last past, either belonging to myself or to any other |