school or seminary of learning at the town of Ninety-Six, and for laying A. D. 1783. out a common for the use of the said town.

trustees.

II. And be it further enacted by the authority aforesaid, That the Rev. John Harris, John Ewing Calhoun, Andrew Pickens, Robert Anderson, Names of the Patrick Calhoun, John Bowie, and William Moore, and the survivors and survivor of them, is and are hereby appointed trustees and trustee, for supporting and erecting and maintaining the public school aforesaid, and are hereby fully vested with the fee simple of the said land hereinbefore mentioned, to hold to them and their survivors and survivor and successors in the said appointment of trustees forever, to and for the uses and purposes aforesaid; and they and their survivors and survivor and successors in the said appointment, are hereby made and constituted a corporation or body politic, by the name of the Trustees of the Ninety-Six Public School, and are to have a perpetual succession of officers and members, and a common seal, with power to make such regulations (subject to the Legislature and laws of this State, and not contrary to them) for the appointment, government, and regulation, of the said public school, the teachers and masters thereof, and for filling up all vacancies which shall happen in the said trust by death, removal, or resignation, and for doing all other matters and things, which to them, or a majority of them, shall appear necessary for the good government thereof; and to take and hold in perpetuity or other- constitute a wise, any donation or estate which may be given for the use of such public corporation. school or seminary of learning, so as the same does not exceed ten thousand dollars per annum; and to sell and dispose of any property; and to sue and be sued, implead and be impleaded, answer and be answered unto, in any court, as a corporation.

Trustees to

debts shall be

are more than the rest of the

III. And be it further enacted by the authority aforesaid, That if it shall hereafter appear that the claims on the estate of the said James Holmes How Holmes's amount to more than the residue of his estate confiscated by law, is sufficient paid, if they to satisfy, in such case the claimants and the said trustees shall each appoint an appraiser to value the said one hundred and eighty acres of land, having estate can regard to the worth thereof at the time it was confiscated; and if the said satisfy. appraisers cannot agree upon the value thereof, they shall be empowered to choose an umpire to determine the same; and the said claimants shall be entitled to have their just debts and demands paid and satisfied out of the public treasury, to the value of the lands so appraised, in the same manner as the debts due to the other creditors of the confiscated estates are paid and satisfied.

IV. And be it further enacted by the authority aforesaid, That such per- Persons giving sons that held town lots in the old town of Ninety-Six, shall be entitled to up their lots in a lot of equal quantity of land in the town to be laid out in pursuance of the town of Ninety-Six this Act, in such part of the town as the trustees shall choose, on giving up to have one of the old town lot in fee to the trustees mentioned in this Act; and that this the same size Act shall be given in evidence in any court of law in this State without in this. special pleading.

In the Senate House, the thirteenth day of August, in the year of our Lord one thousand seven hundred and eighty-three.

JOHN LLOYD, President of the Senate.

HUGH RUTLEDGE, Speaker of the House of Representatives.

(Map of the town omitted.)

A. D. 1783.

No. 1196. AN ACT FOR LEVYING AND

Tax on licences to retail liquor and keep billiard tables.

country.

THEREIN MENTIONED, IN AID OF THE PUBLIC REVENUE.

I. Be it enacted, by the honorable the Senate and House of Representatives, in General Assembly met, and by the authority of the same, That all and every person and persons to whom licence shall or may be granted in manner hereinafter directed for keeping any tavern, inn, ordinary, punch, or ale house, or for retailing wine, brandy, rum, gin, beer, cider, punch, or any spirituous liquor or strong drink whatsoever, in any quantity less than three gallons, within the parishes of St. Philip or St. Michael, shall pay for every such licence the sum of ten pounds sterling money, to the coinmissioners of the treasury for the time being, for the use of this State; and all and every person and persons to whom licence shall or may be granted in manner hereinafter mentioned, for keeping a billiard table in the parishes of St. Philip or St. Michael, shall pay for every such licence the sum of fifty pounds sterling, to the commissioners of the treasury for the time being, for the use of this State; which licences shall be granted by the justices of peace resident in Charlestown, till the incorporation of the same, and then by the magistrates thereof; and every licence which shall be granted by virtue of this Act shall continue and be of force for the term of one year from the date thereof, and no longer.

II. And be it further enacted by the authority aforesaid, That (except Licences in the within the limits of the above mentioned parishes,) two or more magistrates for the respective districts of this State shall be, and they are hereby, authorized and empowered, on every Easter Monday and the first Monday in August, to grant certificates to any person or persons in their respective districts who may apply for the same, if they in their judgment shall think such person or persons fit and qualified to keep a tavern, inn, ordinary, punch, ale house or billiard table, or to retail strong liquors, as aforesaid; and the person or persons to whom such certificate shall be by them granted, shall produce the same to the clerk of the court of sessions for the district in which he, she or they reside, and the clerk of the said court is hereby required, on the production of such certificate, to grant a licence under his hand and seal, agreeable to the purport of the said certificate, to such person or persons, who are to pay to the said clerk one dollar for his trouble in making out every such license, and also the sum of three pounds sterling for every licence to retail spirituous liquors, and the sum of fifty pounds sterling for every licence to keep a billiard table; which sum or sums the said clerks are respectively required to pay, or cause to be paid, into the public treasury of this State, within three months after the receipt thereof, under the penalty of fifty pounds sterling for every neglect or default.

Penalty for

without

licence.

III. And be it further enacted by the authority aforesaid, That if any person or persons within this State, not duly licenced in manner above retailing, &c. directed, shall at any time presume to keep a billiard table, tavern, inn, ordinary, punch or ale house, or retail any wine, brandy, rum, gin, beer, cider, punch, or any spirituous liquor or strong drink whatsoever, in any quantity less than three gallons, he, she or they shall forfeit the sum of fifty pounds sterling for every such offence, to be recovered by bill, plaint or information in any court of record in this State, by any person who will inform and sue for the same; one half thereof to be paid to the said informer, and the other half to the public treasury for the use of this State; provided always, that nothing herein contained shall extend, or be construed to ex

tend, to subject any person now keeping a billiard table or retailing A.D. 1.83. spirituous liquors, under a licence granted by virtue of any former law of this State, to the above mentioned penalty, during the term for which such licence was granted.

negroes.

IV. And be it further enacted by the authority aforesaid, That from and immediately after the passing of this Act, there shall be levied and Duty on paid the following duties and impositions on all negroes and other slaves hereafter to be imported into this State, by the person or persons importing the same, that is to say: for every negro or other slave, imported directly from Africa, of the height of four feet and upwards, the sum of three pounds sterling, and for every one under that height (sucking children excepted,) the sum of thirty shillings sterling; and the same duties shall be paid for African slaves imported from the West Indies, provided, they have not remained there above three months; but for all slaves imported from the West Indies who have remained longer there than three months, the sum of twenty pounds sterling shall be paid; provided always, that every person and persons coming here singly, or with their families, either as travellers or for the recovery of their healths, or to become residents in this State for at least two years, shall be allowed, duty free, all such slave or slaves as he, she or they shall bring with them, for his, her or their particular service; but if such slave or slaves is or shall be sold within two years within the State, the duty of ten pounds sterling shall be paid or secured to be paid for the same, within two days after such sale; and upon failure of paying or securing the payment of such duty within that time, the owner or disposer of such slave or slaves shall forfeit to the use of this State the sum of ten pounds sterling money for every slave so sold; and the slave or slaves so sold, shall nevertheless be subject to the said duty.

Waiter's fees

V. And be it further enacted by the authority aforesaid, That all negroes liable to pay duty by this Act, agreeable to measurement, shall be measured for measuring by the waiter, in conjunction with the importer; and if any disputes shall slaves. arise relative to the height of the negroes so measured, the same shall be settled and determined by any justice of the peace, whose decision shall be final; and for every slave so measured by the waiter, he shall be entitled to receive from the importer six pence sterling.

'neglecting to

VI. And be it further enacted by the authority aforesaid, That no negro or other slave liable to pay duty, upon being imported, by this Act, Penalty for shall be landed in any part of this State, or suffered to quit the vessel in pay duty prewhich he was brought to this State, before the duty hereby imposed on vious to landhim or her be paid, or secured to be paid, by the importer or his agent; ing negroes. and if any negro or other slave shall be landed in any part of this State, or suffered to quit the vessel in which he was brought here, before such duty is paid, or secured to be paid, it shall and may be lawful for the collector or waiter, and he and they is, and are hereby, authorized and empowered to seize and take all and every such negro and other slave; and the said negroes and slaves so seized and taken, are hereby declared forfeited to the use of the State, to all intents and purposes whatsoever; and if the said negroes and other slaves cannot be found, then the importer shall forfeit the value of them, at the rate of sixty pounds sterling per head, the one moiety to the State and the other moiety to the collector or waiter who shall sue for them.

VII. And be it further enacted by the authority aforesaid, That from and immediately after the passing of this Act, all and every person and persons who shall import into this State any negroes or other slaves, or their agents or factors, to whom the same shall be consigned, shall be, and VOL. IV.-73.

A. D. 1783. they are hereby, obliged and required, within eight and forty hours after the vessel in which such negroes or other slaves shall be imported shall have performed quarantine, to make an entry of all and every such negroes and slaves, and the place from whence they were brought, upon oath, in the office of the collector, upon pain of forfeiting the sum of ten pounds sterling to the use of this State, for every such negro or other slave that shall be so imported and of which no such entry shall be made as aforesaid, within the time aforesaid.

Duties on

&c.

VIII. And be it also enacted by the authority aforesaid, That immediately from and after the passing of this Act, the rates, duties and liquors, wines, impositions hereinafter mentioned, shall be laid, imposed and paid on the importation into any part of this State of the liquors, spirits, goods, wares and merchandize hereinafter specified and enumerated, that is to say: on every gallon of taflia rum, one penny sterling; on every gallon of Jamaica rum, brandy, gin, arrack, anniseed, and all other cordials and liquors, three pence sterling; on every gallon of Windward Island and other rum, two pence sterling; on every gallon of wine, of the growth and produce of the dominions of Portugal, four pence sterling; on every gallon of wine, of the growth and produce of the dominions of Spain, three pence sterling; on every gallon of wine, of the growth and produce of the dominions of France, and on all other wines, two pence sterling; on every barrel of beer or malt liquor, containing thirty-two gallons, (except the produce of any of the United States,) two shillings sterling, and in proportion for every larger or smaller quantity; on every barrel of cider, containing thirty-two gallons, (except the produce of any of the United States,) two shillings sterling, and in proportion for every larger or smaller quantity; on every gallon of molasses, one penny sterling; on every pack of playing cards, four pence sterling; on every hundred weight of brown or clayed sugars, imported from any British island or plantations, two shillings sterling; on every pound of refined sugar, imported from the same, one penny sterling; on every hundred weight of brown or clayed sugars, imported from any of the dominions of France, Spain, Holland, Denmark or Sweden, one shilling and six pence sterling; on every pound of refined sugar, from any the last mentioned dominions, one half penny sterling; on every hundred weight of cocoa and pimento, five shillings sterling; on every hundred weight of coffee, three shillings sterling; on every pound of Bohea tea, four pence sterling; on every pound of all other teas, one shilling sterling.

Importers to render mani

fests.

IX. And be it further enacted by the authority aforesaid, That every master of a ship or other vessel, or merchant or other person, intending to land here any of the aforesaid liquors, spirits or other goods, on which any duty or imposition is hereby laid, shall, within four and twenty hours after such ship or vessel shall be brought to an anchor in any port of this State, and before bulk be broken, make a general double entry, or two manifests, of his lading or cargo, which he shall sign and deliver upon oath to the collector of the customs, which manifests shall contain the marks and numbers of each package or thing containing any of the commodities aforesaid, with their weights, and the quantity of liquors or other spirits, and also the name of the master and vessel importing the same, one of which manifests shall be signed by the collector and delivered to the public treasurers, if any there be, for the time being; and the said collector shall then permit the landing of the goods, therein specified, after payment is made, or secured to be made, of the said duties to the public treasurers. X. And to the end that the rates, duties and impositions laid and imposed by virtue of this Act, may be the more speedily and effectually

received and collected by the commissioners of the treasury; Be it further A.D. 1733. enacted by the authority aforesaid, That all sums of money payable or demandable for the said duties, in manner and proportion herein before Duties to be laid and imposed, shall be paid or secured to be paid to the commissioners paid,or secured to be paid, beof the treasury, by the importer, before the liquors, spirits, goods or mer- fore any goods chandise, herein before enumerated, and liable to the duty aforesaid, or any shall be landed. of them, shall be taken out from any vessel in order to be imported, on any colour or pretence whatsoever; and the collector is hereby required not to deliver any permit for the landing on shore any of the said enumerated commodities for which duties shall be due and payable as aforesaid, until the said duties are actually paid; except for goods imported by or con- Exception. signed to any of the merchants or factors actually here residing, who shall not be liable to pay the said duties, nor the duties payable by this Act on the importation of negroes, sooner than four months after importation, if they desire such a forbearance; and provided, they pass their notes, and give security to the satisfaction of the commissioners of the treasury (if desired so to do) for the punctual payment of the said duties at the expiration of the said four months; and provided, that all transient importers or factors (on their entering into bonds to the commissioners of the treasury, with sufficient sureties, being inhabitants of this State, for the faithful payment of the said duties on any liquors, spirits, goods, or negroes, within the term of four months after such importation, or sooner, if he or they shall depart this State) shall be entitled to a forbearance for that time, if they shall desire it.

Masters of vessels, &c. to

have been land

XI. And be it further enacted by the authority aforesaid, That at such time as the master of any vessel, or the merchant, importer, factor or supercargo, shall make his or their general entries or manifests with the collec- make oath that tor, he or they making such entries or manifests shall also make oath that no goods, &c. he or they have not put on shore, nor were privy to the putting on shore, ed with their in any port or place in this State, nor put into any boat or vessel in order privity. to be landed, any of the said liquors, spirits, goods, merchandise or commodities herein before rated and enumerated, before the making of his or their general entry or manifest, as aforesaid, under pain of forfeiting the sum of one hundred pounds sterling for every neglect or refusal to make the said oath, to be recovered and applied as is herein after directed: and Goods, &c. in case any master of any ship or vessel, merchant, importer, factor, or landed before a other person, shall put on shore any of the said liquors, spirits, or commo- permit is obdities, or shall put any of them into any boat or vessel in order to land the tained, to be same, before a permit is duly obtained from the collector for that purpose, in manner herein before directed, all such liquors, spirits and commodities, so landed or put on board any boat or other vessel in order to be landed, shall be forfeited and applied to the uses herein after mentioned: and all persons are hereby required to be aiding and assisting to the said collectors, or to any other agents, informers, seizers or discoverers, in case of their meeting with opposition in seizing or searching for any of the said liquors, spirits, or commodities, unladed or landed contrary to the true intent and meaning of this Act.

forfeited.

to be landed in

XII. And be it further enacted by the authority aforesaid, That no negroes, liquors, spirits, goods or commodities, herein before enumerated Negroes, &c. for paying a duty on importation as aforesaid, shall be landed or put on the day time. shore but in the day time, between sunrise and sunset, on pain of all such negroes, liquors, spirits, goods or commodities being seized and forfeited.

XIII. And forasmuch as the several duties imposed by this law may be evaded, in case any master, owner, importer, factor, or other person, should