A. D. 1784. Confiscated property sold, and no claim made previous to sale, no action shall be against commissioners. Commissioners ers are hereby empowered and directed to sell so much thereof as shall be sufficient for discharging the said incumbrances, and for paying the said bonds, notes, or open accounts, on the same terms as are prescribed in an ordinance entitled "An Ordinance respecting suits for the recovery of debts," except where executions have already issued, and shall sell the remainder of such property on the same terms and conditions as are by law prescribed for the sale of confiscated estates. III. And be it further ordained by the authority aforesaid, That where any property has been sold by virtue of the confiscation law, and no claim preferred for the same previous to such sale, no action shall be commenced against the said commissioners, or any person possessing such property, for the same, without a previous application being made for that purpose, to the Legislature of this State. IV. And be it further ordained by the authority aforesaid, That the commissioners of confiscation be, and they are hereby, authorized and dito make titles rected to make titles to Arthur De Bardeleben, for the land purchased by to Arthur Bar-him of Robert Williams, and afterwards purchased of the said commisdeleben, &c. sioners, upon condition that the said Arthur De Bardeleben do give bond and a mortgage of the premises for securing the payment of such part of the original purchase money as is still due to the said Robert Williams, and such further sum or sums as the said Arthur De Bardeleben shall recover from the said Robert Williams by attachment or otherwise, on account of the said sale, together with all commissions and incidental expenses attending the sale by the said commissioners. Commissioners to receive in V. And be it further ordained by the authority aforesaid, That the commissioners of the treasury be, and they are hereby, authorized and required to receive indents for all bonds, both principal and interest, which are or dents for bonds, shall be lodged in their hands on account of purchases made of any confiscated property, except such as has been sold for special purposes; and where the indent tended in payment shall exceed the debt due, they are hereby required to give an indent or indents for the surplus or balance. In the Senate House, the twenty-sixth day of March, in the year of our Lord one thousand seven hundred and eighty-four, and in the eighth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. No. 1237. AN ORDINANCE RESPECTING SUITS FOR THE RECOVERY OF DEBTS. Stay given on old debts. 1. Be it ordained, by the honorable the Senate and House of Representatives, met in General Assembly, and by the authority of the same, That no suit or action shall be commenced, either in equity or at law, for the recovery of any debt or bond, note or account, contracted by a citizen of this or any of the United States previous to the twenty-sixth day of February, in the year of our Lord one thousand seven hundred and eightytwo, until the first day of January next; after which time it shall and may be lawful to and for any person and all persons, to sue for and recover all interest which shall have accrued since the first day of January, one thousand seven hundred and eighty, on all bonds, notes or other contracts bearing interest; provided nevertheless, that nothing herein contained A.D.1784. shall be construed to extend to prevent any creditor from suing for and recovering all interest accruing upon bonds or notes since the twenty-sixth day of February, one thousand seven hundred and eighty-two. II. And be it further ordained by the authority aforesaid, That it shall and may be lawful for any person and all persons to whom any debt shall be Time when debts may be due as aforesaid, to sue for and recover after the first day of January, sued for and which will be in the year of our Lord one thousand seven hundred and recovered. eighty-six, all such other interest as may then be due on such debt and the fourth part of the principal debt which shall be owing to him, her or them; and from and after the first day of January, which will be in the year of our Lord one thousand seven hundred and eighty-seven, one other fourth part of the principal debt, with the interest which shall have accrued thereon; and from and after the first day of January, which will be in the year of our Lord one thousand seven hundred and eighty-eight, one other fourth part of the principal debt, with the interest which shall have accrued thereon; and from and after the first day of January, which will be in the year of our Lord one thousand seven hundred and eighty-nine, the balance which may be then due and owing; provided nevertheless, Proviso. that if any person who shall be indebted as aforesaid, shall after a notice of ten days refuse to give security to his creditor (which notice shall be proved by such creditor on oath before any justice of the peace,) for the payment of such sum or sums of money as may be due and owing to him, to be approved of by one of the judges of the court of common pleas, if in Charleston district, and by a commissioner for taking special bail, if in any of the circuit court districts, that in such case it shall and may be lawful for the creditor to sue for the said debt and proceed to execution, which execution may be levied, and the property so seized be sold, if the debtor shall refuse to give the security hereby required and pay the costs of suit. III. And be it further ordained by the authority aforesaid, That all monies which shall be due on such open accounts as are restrained by this not sued for to ordinance from being sued, shall bear an interest of seven per cent, per bear interest. annum from the passing of this Ordinance. Open accounts IV. And be it further ordained by the authority aforesaid, That all bonds or other securities which have been given since the twenty-sixth Bonds, &c. day of February, in the year of our Lord one thousand seven hundred and eighty-two, for debts contracted previous to that day, except bonds or notes which have been taken for interest due since that time, shall be, and the same are hereby declared to be, no otherwise recoverable than other debts for which securities have not been given. V. And be it further ordained by the authority aforesaid, That no seizure shall be made of any property which may have been mortgaged previous to the twenty-sixth day of February, in the year of our Lord one thousand seven hundred and eighty-two; provided, the person whose property has been mortgaged shall pay the principal and interest of the debt for which the said property has been mortgaged, at such periods as are required by this Ordinance; and on failure thereof, the said mortgaged property may be taken and held by the person to whom the same has been so mortgaged, until the payment shall be made as aforesaid. In the Senate House, the twenty-sixth day of March, in the year of our Lord one thousand seven hundred and eighty-four, and in the eighth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. Seizures, &c. A. D. 1781. No. 1238. AN ORDINANCE to amend an Ordinance entitled “An Ordinance for establishing several ferries therein mentioned." No. 1239. AN ORDINANCE TO ENCOURAGE SUBJECTS OF FOREIGN STATES TO LEND MONEY AT INTEREST ON REAL ESTATES WITHIN THIS State. Preamble. Aliens may lend money WHEREAS, it would tend greatly to the improvement of estates in this country, and to the public benefit, if money could be borrowed at a reasonable rate of interest from the subjects of foreign States; but doubts may arise whether as the law now stands any security in the nature of a mortgage, granted to an alien, or to any person in trust for him, can be made effectual against such estates for recovering the money lent thereon; and whereas, no alien as the law now stands, can bring or prosecute any suit for the recovery of money in any court of law or equity, at a time when the State of which such alien is a subject is at war with the United States; to prevent which doubts and to encourage aliens to lend money upon the security of such estates, I. Be it ordained, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That it shall and may be lawful to and for every person and and prosecute all persons, being aliens, to lend money at a rate of interest not exceeding seven pounds per centum per annum, upon the security of any freehold or leasehold estate in this State, and to hold the same as an effectual security for the money lent, and to prosecute any suit or suits for the recovery of the same, whether the foreign State of which such alien is a subject be at war with the United States or not. suits for its recovery. Court of chan cery to direct a sale of mort gaged premi ses. II. And be it ordained by the authority aforesaid, That in case of nonpayment of the money lent upon any such security, with the interest due thereon, at the time therein stipulated and agreed upon, it shall and may be lawful to and for all and every such aliens to bring and prosecute, by themselves or their lawful attornies respectively, any suit or suits at common law for the recovery of their demands on any bond or other collateral security given or entered into, or on any covenant on the part of the borrower contained in any such mortgage, deed or deeds, and also his, her or their bill or bills in the court of chancery, praying a decree of sale of such mortgaged premises for payment of the debt due thereon; in which said suit or suits the plaintiff or plaintiffs shall be entitled to like remedy and remedies for recovery of his debt and costs due, as any citizen of this State now may or can have, except the being entitled to have or obtain directly or indirectly the actual possession of any such mortgaged premises, by any process of execution whatever at the common law, or to foreclose the equity of redemption of such mortgaged premises by any decree or order of the court of equity. III. And be it further ordained by the authority aforesaid, That the court of chancery shall and may direct and order a sale of such mortgaged premises, in the manner as in cases where the mortgager has consented to a sale of the same; any law, usage or practice to the contrary thereof in any wise notwithstanding. IV. And be it further ordained by the authority aforesaid, That this A.D. 1784. Ordinance shall be deemed, adjudged and taken to be a public Ordinance, This a public and shall be judicially taken notice of as such by all judges, justices, and other persons whomsoever, without being specially pleaded. In the Senate House, the twenty sixth day of March, in the year of our Lord one thousand seven hundred and eighty-four, and in the eighth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. Ordinance. AN ORDINANCE TO AMEND "AN ORDINANCE FOR REPAIRING OR RE- No. 1240. WHEREAS, by an Ordinance entitled "An Ordinance for repairing or rebuilding the court-houses and gaols in the several districts of this State," it is, among other things, ordained that the commissioners for building or repairing the same, be authorized and empowered to give certificates for defraying the expense of the said repairs and buildings, in the district for which they shall be respectively appointed; and whereas, such power and authority has been found to be inadequate for accomplishing the purposes intended by the said ordinance : Preamble. build courthouses, &c. I. Be it therefore ordained, by the honorable the Senate and House of Representatives of this State, now met and sitting in General Assembly, The Governor to draw on the and by the authority of the same, That his Excellency the Governor, by treasury for and with the advice and consent of the honorable the Privy Council, be, moneys to reand he is hereby, authorized and empowered to draw on the public treasurers of this State, for such sum and sums of money as shall appear to his Excellency and the Privy Council to be necessary for repairing or rebuilding the said court-houses and gaols; and the said public treasurers are hereby directed to pay such draughts out of any moneys lying in the public treasury. In the Senate House, the twenty-sixth day of March, in the year of our Lord one thousand seven hundred and eighty-four, and in the eighth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. AN ORDINANCE for establishing a Public Ferry to and from Port No. 1241. Royal Island. (Passed March 26, 1784. See last volume.) A. D. 1784. No. 1242. AN ORDINANCE TO ALTER AND AMEND AN ORDINANCE PASSED THE TENTH DAY OF MARCH INSTANT, ENTITLED An Ordinance for constitu ting a Board of Naval Officers for the trial of Captain John Joyner, and inquiring into the cause of the loss of the frigate called the South Carolina." Preamble. eight commis WHEREAS, in and by the said Ordinance, it is, among other things, ordained, that Captain Robert Cochran, Captain David Lockwood, Captain Stephen Seymour, Captain William Hall, Captain Jacob Milligan, Captain John Hatter, Captain Simon Tufts, Captain Charles Crowley, and Lieutenant John Mayrant, should be, and they are thereby, appointed commissioners and authorized to sit as a Board of officers or court martial, and to inquire into, hear, and finally determine upon, every matter and thing whatever, respecting the loss of the ship South Carolina, and the conduct of Captain Joyner, who commanded the said ship at the time of her being lost; and whereas, Captain David Lockwood, one of the said commissioners, has refused to sit on the said trial: I. Be it therefore ordained, by the honorable the Senate and House of The remaining Representatives, in General Assembly met, and by the authority of the sioners to have same, That the remaining eight commissioners, viz. Captain Robert Cochthe power of ran, Captain Stephen Seymour, Captain William Hall, Captain Jacob the whole. Milligan, Captain John Hatter, Captain Simon Tufts, Captain Charles Crowley, and Lieutenant John Mayrant, or a majority of them, be, and they are hereby, fully vested with all the powers and authorities, which in and by the afore recited Ordinance, were vested in the whole of the commissioners therein named. In the Senate House, the twenty-sixth day of March, in the year of our Lord one thousand seven hundred and eighty-four, and in the eighth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. No. 1243. AN ORDINANCE to appoint commissioners for clearing Wall's Cut, and Edisto, Wateree, and Great and Little Pedee rivers. (Passed March 26, 1784. See last volume.) No. 1244. AN ORDINANCE to empower commissioners therein named, to cut and sink Drains and Water Passages in Cacaw Swamp, St. Paul's Parish. (Passed March 26, 1784. See last volume.) |