No goods to be sold on board of vessels. A. D. 1783. be at liberty to sell or retail any of the liquors, spirits, goods or commodities, on board the ship or vessel in which the same are imported, or in any other boat or vessel wherein the same may be put; Be it therefore enacted by the authority aforesaid, That no master, importer, owner, factor, supercargo, or other person, shall be at liberty to barter or sell, by wholesale or retail, on board any ship or vessel which shall come into this State, before a certificate or permit be first obtained from the collector, any of the liquors, spirits,or goods afore rated, on pain of forfeiture of all such goods and merchandise, spirits and liquors, and moreover the sum of one hundred pounds sterling for every such offence, to be recovered from the seller in manner herein after directed. XIV. And for preventing disputes about the quantity of liquors or spirits imported, and to be rated, It is hereby further enacted by the authority Ten per cent aforesaid, That the importer, without guaging the said liquors or spirits, or allowed for leakage or wastage. ed. weighing the said sugars, shall be allowed ten per centum for leakage and wastage, upon his invoice and entry made as aforesaid; but if the owner or importer shall suspect the leakage or wastage to be greater, then the waiter shall guage the said liquors or spirits, and weigh the said sugars, at the expense of the importer, and such leakage or wastage (if entered with the collector, and not otherwise) shall be allowed. And if at any time the collector or waiter shall suspect any cask, pipe or hogshead to contain a greater quantity or weight than it is entered for, then the said liquors or spirits shall be guaged by cubical inches, and sugars reweighed, and if a surplus quantity or weight shall be discovered, the importer shall make a new entry of and pay the duty on such surplus; and shall also pay for the guaging and weighing each pipe, hogshead or cask, so found to contain a surplus, the sum of one shilling sterling to the officer guaging or weighing the same. XV. And be it further enacted by the authority aforesaid, That it shall Search may be and may be lawful to and for the collector or waiter, with any of their made, in the day time, for agents or informers, by virtue of a warrant from any justice of the peace goods conceal- first had and obtained, upon the oath of one or more credible persons, with one or more constables, to enter and search, in the day time, all cellars, shops, warehouses, and suspected places, and the same to break open, (if leave to enter be refused by the owner,) and there to search and rummage for any liquors, spirits, goods and commodities, herein before rated and enumerated, and which they shall be informed were there carried and concealed, contrary to the true intent and meaning of this Act; and the same, if discovered, shall be seized and forfeited: provided, that such seizure be made within one month after the time of the offence being committed. XVI. And be it further enacted by the authority aforesaid, That the commissioners of the treasury, and the collectors of the ports of Georgetown and Beaufort, are hereby appointed receivers of all imposts, duties, dues, penalties and forfeitures, growing due and payable to this State, for the use of the public thereof, by virtue of this Act, and which shall be levied in the respective ports; of which the collectors of Georgetown and Beaufort shall fairly keep and render an account from time to time, when thereunto required by the Governor, the Senate or House of Representatives of this State; and shall pay such taxes, duties, dues, penalties and forfeitures, which they may so receive, into the public treasury of this State, within one month after the receipt of the same, on pain of the forfeiture of five hundred pounds sterling money for every neglect or default. XVII. And be it further enacted by the authority aforesaid, That the several fines, penalties and forfeitures, which shall be incurred or become due by virtue of this Act, shall and may be sued for, prosecuted and Receivers of imposed by this the duties &c. Act. recovered, by action of debt, bill, plaint or information, in any court of A.D. 1783. record in this State, wherein no essoign, privilege, protection or wager ures how to be of law shall be allowed or admitted, or any more than one imparlance; and Fines, penalone moiety of all the respective forfeitures that shall be incurred by virtue ties and forfeitof this Act, which are not herein before particularly appropriated, shall recovered and enure and be to the use of this State, and shall be applied and paid as appropriated. shall from time to time be directed by the General Assembly; and the other moiety thereof shall go to him or them who will inform and sue for the same provided, that such fines, penalties and forfeitures be sued for within one month after the offence committed, and not after. XVIII. And be it further enacted by the authority aforesaid, That burthen of the if any liquors, spirits, goods or commodities, shall be seized for any offence Goods seized, committed or done against this Act, and the property be claimed by any proof to lie on person or persons as importer thereof, the burthen of the proof shall lie the claimer. upon the owner or claimer, and not upon the prosecutor or informer. XIX. And for the encouragement of persons to be watchful and careful the State, the in the discovering of frauds, in the importing, landing, or selling of goods, One moiety to without a permit being first had and obtained from the collectors aforesaid: other to the inBe it further enacted by the authority aforesaid, That one moiety of all the former. liquors, spirits, goods, or commodities, which from time to time shall be seized and forfeited, by virtue of this Act, shall go to this State, and be applied as by the General Assembly shall be directed and appointed, and the other moiety shall go to the person who shall seize, secure, and sue for the same; to be tried, heard, adjudged, and determined in the court of common pleas in this State; which court is hereby vested with full power and authority, for the trying, hearing, adjudging, and determining any of fence, penalty, or forfeiture incurred by this Act, where the value of the seizure or forfeiture shall exceed three pounds sterling. XX. And be it further enacted by the authority aforesaid, That a duty of two and one-half per centum shall be imposed on the value of all goods, A duty of two and a half per wares, and merchandises, not hereinbefore enumerated; to be collected in cent. on the the same manner and by the same persons, and subject to the same regu- value of goods. lations, penalties, and forfeitures, as the above enumerated articles; and that the value of such imports shall be ascertained by the invoices and bills of lading thereof, which shall be produced and attested by the importers before some one magistrate of this State, and given in to the collector of the port into which such goods shall be brought, before they are landed. XXI. And be it enacted by the authority aforesaid, That the moneys arising from all the duties and impositions hereinbefore laid and imposed, ney is to be ap(except the duties upon tavern licenses, billiard tables, and the importa-propriated. tion of negro slaves,) shall be appropriated towards the payment of this State's quota of the federal disbursements of the interest and principal of the debts contracted on the faith of the United States for supporting the war. How the mo XXII. And be it further enacted by the authority aforesaid, That no replevin shall lie, nor be granted, for the delivery of any liquors, spirits, No replevin to lie for delivery goods, or commodities, seized by virtue of this Act; but that the chief of goods seized justice or justices of the court of common pleas in this State, may make an order, in case of goods perishable only, to have the same appraised and valued, upon giving security for the value of such goods. XXIII. And be it further ordained by the authority aforesaid, That if any action or suit shall be brought or prosecuted in any court of record in Persons may plead the gen this State, against the said collector, or any other person or persons whom-eral issue, by soever, for any matter or thing done, or to be done, by him, them, or any of them, by virtue of, or in pursuance of the direction of this Act, it shall virtue of this act. A. D. 1783. and may be lawful to and for such collector, and other person and persons, to plead the general issue, and give this Act and the special matter in evidence; and in case the plaintiff or plaintiffs in such action or suit shall discontinue, become nonsuit, or verdict shall pass against him or them, then the judge and judges of such court shall tax and allow to such defendant and defendants, his and their double costs of suit; for which every such defendant and defendants, shall have like remedy, as in other cases when costs by law are given to the defendants; and this Act is hereby declared to be a public Act, and to be taken notice of in all courts in this State, without special pleading. Ordinance of 7th March repealed. XXIV. And be it further enacted by the authority aforesaid, That an ordinance of the General Assembly of this State, passed the seventh day of March last, entitled "An Ordinance for laying and levying certain imposts and duties therein mentioned, in aid of the public revenue," is hereby declared to be repealed and made null and void. 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. No. 1197. AN ORDINANCE FOR LAYING AN IMPOST ON THE TONNAGE OF SHIPPING, REGULATING THE CUSTOM-HOUSE, APPOINTING CERTAIN OFFICERS, AND Preamble. Salaries of waiters and searchers. ASCERTAINING THEIR SALARIES. WHEREAS, it is expedient and necessary for the better regulation of commerce in the several ports of this State, and for the ease and convenience of all persons trading thereto, that no fees of office be paid, and that in lieu thereof an impost be laid on the tonnage of all vessels which shall arrive in this State from any port or place without the limits of the same, for the purpose of paying the salaries of the several officers appointed by this Act: I. Be it ordained, by the honorable the Senate and the House of Representatives of the State aforesaid, in General Assembly met, and by the authority of the same, That there shall be one searcher and two waiters for the port of Charlestown, and one waiter for each of the ports of Georgetown and Beaufort, who shall be chosen by the General Assembly of this State; that the searcher for the port of Charlestown shall be allowed annually the sum of one hundred and fifty pounds sterling, and the waiters for the port of Charlestown shall also be allowed each, annually, the sum of thirty pounds sterling; and each of the said waiters of the port of Georgetown and Beaufort annually the sum of thirty pounds sterling; and that the said searcher and waiters shall continue in office during pleasure, to be confirmed by removal or not by the General Assembly; and that such searcher and waiters shall be respectively sworn by the collector of such port to which they belong, before entering on office, faithfully to discharge the duty of such office according to law, to obey the legal orders of the collector respecting the duties of such office, and not to receive, directly or indirectly, any fee or reward for executing the duties of such of fice, except such fees as are allowed by law for the measurement of negroes to be imported into this State. II. And be it further ordained by the authority aforesaid, That a ton A. D. 1783. nage, or duty of ninepence sterling per ton, according to the measurement to be made in this State, shall be laid on every vessel which shall make an entry in any custom-house of this State, from any ports without the limits Tonnage duty of the same, which said duty shall be collected by the collector of each on vessels, port where such vessel shall make such entry, and paid into the treasury of this State every three months, to be disposed of in manner hereinafter mentioned. To be ap III. And be it further ordained by the authority aforesaid, That the moneys arising from the said duty on tonnage, shall be appropriated to the propriated to purpose of paying the salaries of the different officers established by this pay the salaries ordinance; and that no fees shall hereafter be demanded from the master of officers. or owner of any vessel or vessels trading to this State from any public officers of the same; and that the bond required by law to be given in the Secretary's office on the arrival of vessels into this State, shall be taken by the collector of the port or place where such vessel arrives; any law, usage, or custom, to the contrary notwithstanding. can receive no IV. And be it further ordained by the authority aforesaid, That the collectors, searcher, and waiters of the ports of this State, shall take an oath Collectors, &c. before a justice of the quorum, that he will not receive, directly or indi- fees other than rectly, any fee or gratuity whatsoever, for the discharge of the duty of his their salaries. office, except the salary hereby allowed; nor after the passing of this ordinance be concerned either directly or indirectly in trade, by importing or exporting any commodities, or buying for the purpose of vending the same, (saving the settlement of any commercial concerns any such collector, searcher, or waiters may have been concerned in before the passing of this ordinance,) on pain of forfeiting his office for so doing; and shall, in lieu of all fees and emoluments, be allowed the following annual salaries out of the treasury of this State, that is to say, to the collector of Charlestown, annually, five hundred pounds sterling, and the collectors of Georgetown and Beaufort respectively, annually, one hundred and fifty pounds sterling. 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. AN ACT FOR EMPOWERing the VESTRY AND CHURCH WARDENS OF THE No. 1198. WHEREAS, the vestry and church wardens of the incorporated Church of England, in the parish of St. Thomas and St. Dennis, have petitioned the Legislature of this State to sell and dispose of the two glebes belonging to the Church and Chapel of Ease in the said parish, and to purchase one more centrical and convenient; and whereas, several persons, inhabitants of the said parish, and others, have associated themselves together, and by voluntary contributions have raised, and are now raising, a fund for the maintenance of a minister of the principles and tenets of the Church Preamble. A. D. 1734. of England, and for the payment of a clerk, and repairs of the said church and chapel. Vestry and church wardens to have power to sell the glebes, etc. Vestry and churchwardens vested with I. Be it therefore enacted, by the honorable the Senate and House of Representatives, and by the authority of the same, That the said vestry and church wardens, or a majority of them, are hereby vested with all the powers of the said corporation, and shall have full power and authority to sell, alien, exchange, demise, or release, the aforesaid glebes in the parish aforesaid, in such lots and in such manner as they, or a majority of them, shall think will be for the advantage of the same; and the money arising therefrom to place on interest, with good security, for the benefit of the aforesaid fund, until an opportunity offers for purchasing one more centrical and convenient. II. And be it further enacted by the authority aforesaid, That the present vestry and church wardens, and their successors forever hereafter, be, and they are hereby, vested with all the powers of the said corporation, certain powers. by the name of the " Vestry and Church Wardens of the parish of St. Thomas and St. Dennis," and by that name shall, from time to time, and at all times hereafter, have perpetual succession, and a common seal, and be able and capable in law to purchase, have, hold, receive, take, retain, possess and enjoy all the real estate, lands, tenements, and hereditaments, and the rents and income thereof, which are now in their hands, or vested in the said vestry and church wardens, in trust for the incorporated congregation of the Church of England in the said parish, and to sell, alien, exchange, demise, or release the same, or any part thereof, as they shall think convenient; and they and their successors shall be able and capable in law to have, hold, receive, enjoy, possess, and retain all the moneys or other personal estates, and all the securities for the same, and the interest and proceeds thereof which are now in the hands of, or vested in, the said vestry and church wardens, and also at their discretion to call in and replace at interest the said moneys, or any part thereof: Provided, nevertheless, that in case any of the sums subscribed as aforesaid, or hereafter to be subscribed by any person or persons whatsoever, or any gifts, grants, legacies, and devises, hereafter to be made by any person or persons for the purposes aforesaid, shall be appropriated to any other use or uses than for the payment of a minister, officiating and doing duty in the said church and chapel, of the principles and tenets of the Church of England, and for the payment of a salary of a clerk, and the repairs of the said church and chapel, that then it shall and may be lawful to and for the said subscribers, and their heirs, executors, and administrators, to sue the said vestry and church wardens, or their successors in office, and recover and cause to be paid back, the said subscriptions, gifts, grants, legacies, and devises, with the interest that have grown due thereon. Proviso. Vestry and III. And be it further enacted by the authority aforesaid, That the said vestry and church wardens, and their successors in office, shall be able churchwardens and capable in law to purchase, receive, have, hold, enjoy, possess, and recapable of purchasing estates tain to them and their successors in perpetuity, or for any term of years, any estate or estates, real or personal, messuages, lands, tenements, or hereditaments, of what kind or nature soever, not exceeding in the whole the sum of five hundred pounds sterling per annum, and to sell, alien, exchange, demise, or lease the same, or any part thereof, as they and their successors in office shall think convenient for the benefit and advantage of the said vestry and church wardens for the purposes aforesaid. IV. And be it further enacted by the authority aforesaid, That it shall and be lawful for the said vestry and church wardens, by the name of may the vestry and church wardens of the parish of St. Thomas and St. Dennis, May sue and be sued. |