A. D. 1785. AN ACT FOR RAISING A TAX ON ALL SHIPPING, FOR DEFRAYING THE EX- No. 1256. WHEREAS, it will be of great benefit and advantage to owners of ships and other, vessels bound to the ports of Charleston, Beaufort, and Georgetown, to have buoys laid, and to have erected and supported a light-house and a beacon or beacons, for the direction of the mariners of all vessels coming to the said ports, and thereby rendering the navigation to them more safe and easy than it is at present. Preamble. ceive tonnage tion. I. Be it therefore enacted, by the honorable the Senate and House of Representatives, and by the authority of the same, That it shall and may Officer to rebe lawful for the city corporation, and they are hereby required, to appoint tax to be ap an officer to ask, demand, sue for, recover, and receive, from all masters of pointed by the vessels, for each and every time of entering and clearing out such vessel city corporaat the custom-house for the port of Charleston, the sum of three pence per ton, according to the measurement practised by the harbor master in other cases where tonnage is demanded and paid to the city corporation ; which sum or sums so received shall be paid into the city treasury once in every month, and which shall be appropriated to the purposes hereinafter directed, and for none other whatsoever. office. II. And be it enacted by the authority aforesaid, That it shall and may be lawful for the harbor master, and he is hereby required, to oblige every Masters in the master or owner of every decked schooner, sloop, or other vessel, to re- coasting trade to register their gister the same respectively at his office, within one month after such ves- vessels in the sel or vessels have entered the coasting trade within this State, and of harbor master's which register the said harbor master shall give unto the master or owner of such vessel a certificate, without fee or reward, specifying that such vessel hath been registered as aforesaid, and thereupon the said master or owner shall produce such certificate unto the officer appointed by the city corporation for receiving the tonnage tax, and shall also pay unto him the sum of one shilling per ton, carpenter's measure, which sum shall be in full for one year's tax of such coasting vessel; and which said sum of one shilling per ton, carpenter's measure, shall continue to be paid annually, on or before the first day of January in every year thereafter, by the master or owner of such vessel so registered, and for so long a time as she shall continue in the coasting trade aforesaid; and the said receiver shall endorse his receipt, without fee or reward, on the back of the certificate given by the harbor master. refusal. III. And be it further enacted by the authority aforesaid, That each and every master or owner of vessel or vessels, entering the coasting trade as Penalty in case aforesaid, and neglecting or refusing to register and pay the tax as afore- of neglect or said, shall be fined in the sum of five pounds for every and each of such neglect and noncompliance; and the same shall be recovered by the harbor master, or the receiver appointed by the city council, in a court of city wardens; and all taxes and fines recovered as aforesaid, shall be paid into the city treasury, for the purposes hereinafter directed, and for no other whatsoever. IV. And be it further enacted by the authority aforesaid, That the city corporation shall, and they are hereby, fully authorized, empowered, and tion to cause A. D. 1785. required, as soon as conveniently may be, to cause buoys to be laid for the purpose of directing vessels to proceed with safety into the harbor, and a City corpora- light-house and a beacon or beacons to be erected at the most convenient places, with such materials and in such manner as they, the said city corcons to be laid. poration, shall judge convenient, and from time to time cause the same to be repaired and kept in good order; and the expenses thereof shall be paid out of the moneys arising from the tax and fines imposed by this Act. buoys and bea Tonnage at Georgetown to V. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the collectors of the port of Beaufort and Georgetown, and they are hereby empowered, to ask, demand, sue for and be paid to the receive from all masters of vessels entering and clearing out at the ports collectors. of Beaufort and Georgetown aforesaid, the sum of three pence per ton, which sum or sums shall be paid monthly unto the commissioners of pilotage for the ports of Beaufort and Georgetown aforesaid, and which shall be applied by the said commissioners for the sole purpose of erecting beacons as leading marks over the respective bars to those ports. In the Senate House, the eighth day of March, in the year of our Lord one thousand JOHN LLOYD, President of the Senate. No. 1257. AN ACT TO OBLIGE PERSONS INTERESTED IN MARRIAGE DEEDS AND CONTRACTS, TO RECORD THE SAME IN THE SECRETARY'S OFFICE OF THIS STATE. Preamble. Marriage contracts to be re corded in the secretary's office. WHEREAS, the practice prevailing in this State of keeping marriage contracts and deeds in the hands of those interested therein, hath been oftentimes injurious to creditors and others, who have been induced to credit and trust such persons under a presumption of their being possessed of an estate subject and liable to the payment of their just debts; for remedy whereof, and to prevent such deceitful practices, 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 on or before the first day of September next, all and every marriage contract, deed, or settlement, now actually existing, after being duly proved, shall be recorded or lodged in the secretary's office of this State, to be recorded; and where such contracts or marriage settlements, or the parties thereto, are without the limits of this State, then, and in such case, the parties interested therein shall be allowed twelve months from the passing of this Act to record and lodge such contract as aforesaid, in the office aforesaid, to be recorded; and all that shall hereafter be entered into for securing any part of the estate, real or personal, in this State, of any person or persons whomsoever, shall, within three months after the execution thereof, be duly proved, and in like manner to be recorded, excepting such as shall be recorded or lodged in the said office; and in case any person or persons entered in without the limits of this State, which shall be recorded, or lodged to be recorded, in the said office, within twelve months from the date thereof, whomsoever interested in such marriage deed, contract, or settlement, shall neglect or refuse to record or lodge the A.D. 1785. same in the manner, or within the times before mentioned, and in the office aforesaid, to be recorded, then the same, in respect to creditors, shall be deemed, and is hereby declared to be, fraudulent; and all and every part of the estate thereby intended to be secured to such person or persons, shall be subject and liable to the payment and satisfaction of the debts due and owing by such person or persons, in as full and ample a manner, to all intents and purposes whatsoever, as if no such deed, contract, or settlement had been ever made or executed. In the Senate House, the eighth day of March, in the year of our Lord one thousand JOHN LLOYD, President of the Senate. AN ACT for raising a fund for the support of an Infirmary or Hospital, No. 1258. in the city of Charleston, for seamen. (Passed March 8, 1785. See last volume.) AN ACT to establish a Ferry over Saluda river, on the land of Russell No. 1259. Wilson and Andrew Lee. (Passed March 8, 1785. See last volume.) AN ACT TO EXPLAIN AND AMEND THE TAX ACT OF 1784. WHEREAS, difficulties have arisen in the execution of the tax act of No. 1260. one thousand seven hundred and eighty four; for the removal thereof, Inquirers to assessors. I. Be it enacted, by the honorable the Senate and House of Represen- Preamble. tatives, and by the authority of the same, That where returns of lands have been, or shall be made, in parishes or districts different from those in which they lie, the inquirers who have received the same shall, on the ap- certify where plication of the persons who made the same, certify copies thereof, which lands lie, and certified copies the persons who made the return are hereby required, send copies to within sixty days after the passing of this Act, to send, where it has not already been sent, to the assessors of the parish or district where the lands lie; and the assessors of the parish or district where the lands lie shall value the same, and return a certified copy of their valuation to the inquirers from whom they received the returns, within thirty days after the receipt of the certified copy of the return, with the additional allowance VOL. IV.-83. A. D. 1785. One year's in of one day more for every thirty miles between the places where the lands lie and the returns were made. II. Be it enacted by the authority aforesaid, That the treasurers pay in special indents to the holders of indents respectively, where the same has not already been paid, as far as one year's interest, and no more, on each paid in special and every indent, as soon as the same shall be due, and the holders thereof indents. apply for the same. terest of indents to be trained to be III. Be it enacted by the authority aforesaid, That where the taxes imProperty disposed by the tax Act of one thousand seven hundred and eighty-four, are paid for in spe- levied by distress, the property so levied, when sold, may be paid for in cie or indents. specie, or special indents issued for the interest of the year one thousand seven hundred and eighty-four, at the option of the purchaser. Lands returned unknown, to be valued in the ed in the last tax act. IV. Be it further enacted by the authority aforesaid, That where lands are returned unknown, or where the returns of the situation or description of the lands are so general that the assessors cannot obtain satisfactory inmode prescrib formation of their quality, or where through the neglect of the parties no certified copy of the valuation of lands lying in parishes or districts different from those in which they were returned, shall be received by the inquirers who received the original return, on or before the second day of May next ensuing, then and in each of these three cases the inquirers and assessors shall forthwith value all such lands according to the mode of valuation prescribed by the last tax Act, so far as the information received will permit. Credit to be given for one year's interest on accounts in the hands of the auditor. cent. added to pay V. Be it further enacted by the authority aforesaid, That where any person makes oath or affirmation to the collector of taxes to whom he should his taxes, that he has an account in the hands of the auditor, delivered in on or before the first day of October, one thousand seven hundred and eighty-four, he shall have credit from the collector of taxes for six months longer for the whole, or as much of his tax as he shall swear that he believes to be the amount of one year's interest on his account: Provided always, that the collector keep an account of all such persons, and transmit one list of their names, with the sums, the payment of which is delayed, to the commissioners of the treasury, and another to the collectors of the next tax. VI. Be it further enacted by the authority aforesaid, That the inquirers, Commissioners assessors, and collectors of the parishes of St. Philip and St. Michael, shall to have one per be allowed a commission of one per cent.; and the inquirers, assessors, their salaries. and collectors of other parts of the State, a commission of one per cent. on all sums by them respectively received, in addition to what they are now allowed. Penalties im posed on collectors. VII. Be it enacted by the authority aforesaid, That the pains and penalties imposed on the inquirers, assessors, and collectors, for neglect or refusal to perform their respective duties required by the last tax Act, shall extend to a neglect or refusal to perform the duties required by this Act. In the Senate House, the eighth day of March, in the year of our Lord one thousand JOHN LLOYD, President of the Senate. Speaker of the House of Representatives. A. D. 1785. AN ACT TO EFFECT A REVISAL, DIGEST, AND PUBLICATION OF THE No. 1261. LAWS OF THIS STATE. WHEREAS, from the long neglect of compiling into one body the Acts of the Legislature of this State, and printing the same for the information of the people, the laws have not only multiplied to a great and unnecessary degree, but have also run into obscurity and confusion; and whereas, by the late change in our civil and political circumstances, effected by the glorious revolution of one thousand seven hundred and seventy six, Preamble. this State, emancipated from foreigu dominion, is become a free and.independent republic; and it being therefore necessary to revise and digest the laws enacted under the authority of the British crown, and continued of force, together with those passed since the abolition of that authority, and by corresponding additions, alterations, and amendments adapted to the spirit and principles of a republican government, remove the present well grounded complaints of the people for want of such revisal, digest, and publication: sioners to form State. I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, That three Three commiscommissioners shall be chosen by the joint ballot of the Senate and House a digest of the of Representatives, immediately after the passing of this Act, who shall laws of the be, and they are hereby, empowered and directed to form a complete and accurate digest of the statute laws of this State, with such additions, alterations, and amendments, as to them shall seem just, right, and expedient; and the said commissioners shall moreover have full power and authority to call on all officers having the custody or keeping of any laws, records, or other papers which shall be necessary to the said commissioners in the furtherance and prosecution of the said digest, for the originals or transcripts of all such laws, records, or other papers, which such officers respectively are hereby required to give whenever the same shall be demanded by such commissioners, or a majority of them, under their hand writing; any law, usage, or custom, to the contrary notwithstanding. arranged and II. And be it further enacted by the authority aforesaid, That the said commissioners, or a majority of them, shall be, and they are hereby, The laws to be authorized and directed to arrange their system and digest of laws upon the laid before the principles of an establishment of counties and county courts of inferior jurisdiction throughout the State, and to render the same as complete, correct, and connected, as shall be possible, and shall lay the same before the General Assembly on or before the expiration of two years from the date hereof, for their inspection. General Assembly within two years. to commission III. And be it further enacted by the authority aforesaid, That each of the said commissioners, as soon as they are appointed and shail enter Compensation on this necessary work, shall receive from the public treasury the sum of ers. three hundred pounds each, to enable them to defray the necessary charges and expenses attending it, and as soon as the same shall be completed and laid before the General Assembly, and shall appear to have been executed with ability, correctness, and propriety, the said commissioners, and each of them, shall be entitled to and receive such further sum as shall appear to the legislative body a sufficient compensation for their trouble. IV. And be it further enacted by the authority aforesaid, That in case Vacancies to be either of the said commissioners shall die, resign, or remove out of this filled by the State, the vacancy occasioned by such death, resignation, or removal, shall commissioners. remaining |