be

for picking, they shall be allowed an eighth part out of the first six hun. A.D. 1785. dred weight, and five per cent. for all above that quantity that may saved out of any hogshead of tobacco by him or them picked.

XII. And be it further enacted by the authority aforesaid, That every hogshead of tobacco inspected at any of the aforesaid warehouses in the Storage. country shall be subject to a storeage of one shilling, and at either of the inspections in Charleston the sum of six pence per hogshead, per week, to be paid by the person to whom the tobacco is delivered for exportation, to the inspectors respectively, who shall apply and account for it as is hereinbefore directed.

appointed to

XIII. And be it further enacted by the authority aforesaid, That the following persons shall be commissioners at the respective places before Commissioners mentioned, and shall be, and they are hereby, appointed and impowered carry this Act to carry this Act into effectual execution; that is to say, for the inspections into execution. at the city of Charleston, the City Council; for the inspection at Georgetown, Job Rothmahler, John Cogdell and Daniel Tucker, Esquires; for the inspection at Beaufort, John Joyner, William Hazard Wigg and Robert Barnwell, Esqs.; for the inspection of Cheraw Hill, Benjamin Hicks, senior, John Westfield and William Ellerby, senior; for the inspection at Watboo Landing, Maurice Simmons, Samuel Cordes and Zachariah Villepontoux, Esqs.; for the inspection at Friday's ferry, Congaree river, Thomas Taylor, Wade Hampton and Uriah Goodwin, Esqs.; for the inspection near Camden, Wateree, John Chesnut, Esq. Mr. William Willis and John Galbraith; for the inspection at Winnsborough, John Winn, Richard Winn and Henry Hampton, Esqs.; for the inspection at Campbell's warehouse, Savannah river, Arthur Simkins, Esq. Messrs. John Ryan and John Herdon; for the inspection at Snow Hill, Leroy Hammond and Hugh Middleton, Esqs., and Mr. John Carter; for the inspection at the north fork of Edisto, Robert Stark, Jacob Smith and Lewis Watson, Esqs; for the inspection at the south fork of Edisto, Joseph Turner, Daniel Green and James Fair. Which said commissioners shall have full power and Commissioners authority to nominate and appoint the several inspectors at the several are empowered warehouses hereinbefore mentioned; which appointment shall consist of inspectors. one at each warehouse in the country, to attend constantly, when able, and one to attend occasionally, in case of the other's sickness or other inability, to attend and be called upon when any person may think himself aggrieved by the condemnation of any tobacco to be burnt; and one at each inspection in the city of Charleston: and each inspector, so appointed, shall give Inspectors to bond, with good, substantial security, to be approved of by the respective security. commissioners, in the sum of one thousand pounds sterling, conditioned for the well and faithful discharge of his duty, and made payable to the treasurers of this State, which bond shall be taken by the respective commissioners and by them lodged in the treasurer's office; and if any of the said inspectors shall neglect to give proper attendance at all reasonable hours, or shall be guilty of any mal-practices, each inspector so offending may be removed at the pleasure of the commissioners who appointed him, and such commissioners shall have power and authority to appoint another in his room; provided, that no such removal shall be lawful unless such inspector hath liberty to make his defence, and an opportunity given him to disprove the charges on which such removal is sought for.

to nominate the

give bond and

XIV. And be it further enacted by the authority aforesaid, That where tobacco, at any of the inspections in this Act before directed, shall be Proceedings in adjudged by the inspector to be unmerchantable, and by him condemned case of unmerto be picked or burnt, and the owner shall think himself aggrieved there- tobacco. by, if at any warehouses out of Charleston, he shall have liberty to call on

chantable

A. D. 1785.

the inspector who is appointed to attend such warehouses, in ase of the other's inability, to review the same, and in case of their disagreeing, one of the commissioners shall decide; and if in Charleston, an inspector at one of the other inspections in the city shall be called on for the above purpose, and in case of disagreement the third shall decide the same before it shall be burnt; and such occasional or other inspector or commissioner being called on shall attend for that purpose, and if in their opinion such tobacco shall be thought merchantable, it shall pass, and the inspector who refused the same shall pay to the inspector so attending the fees allowed for inspection; but if the first sentence is confirmed, the owner of such refused tobacco shall pay the inspector called on one dollar for each hogshead so reviewed, for his trouble in attending for that purpose.

XV. And be it further enacted by the authority aforesaid, That each The oath of an inspector, previous to his entering on the said office, shall take the followinspector. ing oath or affirmation, before the commissioners by whom he is appointed, and who are hereby empowered to administer the same, to wit: "I, A B, do sincerely promise and swear (or affirm, as the case may be) that I will well and faithfully inspect all tobacco that shall be brought to me for that purpose, without partiality, favor or affection, according to the best of my judgment; and that I will not, by myself or by any other person employed by or for me, be concerned either directly or indirectly in the purchase or sale of any tobacco whatsoever, during my holding the office of inspector, my own crop only excepted."

Tobacco not entered and

State.

XVI. And be it further enacted by the authority aforesaid, That if any captain or commander of any ship or other vessel shall presume to sail cleared shall be from any port within this State, for any port not within this State, after the forfeited to the passing of this Act, having tobacco on board not entered and cleared, as is hereinbefore directed, all such tobacco shall be forfeited to the State, and shall be seized and sold for the benefit of the same, and the captain or commander shall be fined in the sum of five pounds sterling for each hundred pounds, to be recovered and applied as hereinbefore directed.

moved before the bad is burnt.

XVII. And be it further enacted by the authority aforesaid, That when Penalty where tobacco shall be offered to view, at any of the inspections hereinbefore tobacco is re- directed, which shall be refused by the inspector as unmerchantable, any person or persons removing the same before the bad and unmerchantable is burnt, as is herembefore directed, shall, upon conviction, forfeit and pay the sum of five pounds sterling for every hundred weight so carried away, one half to the informer and the other half to the use of the State, to be recovered as is hereinbefore directed.

Penalty for changing the casks or the tobacco.

Penalty for

XVIII. And be it further enacted by the authority aforesaid, That when tobacco shall be delivered at any of the aforesaid inspections for transportation, and the person to whom the same is delivered, or in whose care it may be, shall change the cask in which it was delivered and put other tobacco therein, or suffer any part to be taken out and other tobacco put in, not the contents of the cask when delivered, the person or persons so offending shall, upon conviction, pay a fine of fifteen pounds sterling, and suffer three months imprisonment, without bail or mainprize.

XIX. And be it further enacted by the authority aforesaid, That if any person shall erase, alter or counterfeit any note or manifest of tobacco, counterfeiting given by any inspector of tobacco within this State, or shall utter, in payment or barter, any such note or manifest, knowing the same to be counterfeit, every such person shall, on conviction, suffer death.

notes or mani

-fests.

XX. And be it further enacted by the authority aforesaid, That all other A. D. 1785. Acts within the purview of this Act are hereby repealed.

In the Senate House, the twenty-fourth day of March, in the year of our Lord one thousand seven hundred and eighty-five, and in the ninth year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate.

JOHN FAUCHEREAUD GRIMKE,

Speaker of the House of Representatives.

AN ACT FOR REPEALING AN ACT ENTITLED "An Act for disposing of No. 1280. certain Estates and banishing certain persons therein mentioned," so FAR

AS RELATES TO THE ESTATE OF EDWARD FENWICK.

WHEREAS, by an Act entitled "An Act for disposing of certain estates and banishing certain persons therein mentioned," the estate of Preamble. Edward Fenwick was confiscated and forfeited to the use of this State; and whereas, it is found necessary to repeal as much of the said Act so far as relates to the estate of the said Edward Fenwick :

I. Be it therefore enacted, by the honorable the Senate and House of Representatives, in General Assembly met, and by the authority of the same, That so much of the said Act as relates to the estate of the said Edward Fenwick, be, and it is hereby, repealed, to all intents and pur

poses.

Part of a former

Act repealed.

Fenwick restored to him

II. And be it further enacted by the authority aforesaid, That all the estate, real and personal, of the said Edward Fenwick, is hereby taken Estate of Edw. from and divested out of the commissioners of forfeited estates, and restored to and revested in him and his heirs, in the same manner and for and his heirs. the same use and behoof as he, the said Edward Fenwick, was seized or possessed of the same before the passing of the said Act.

permitted to

III. And be it further enacted by the authority aforesaid, That the said Said Fenwick Edward Fenwick be, and he is hereby, permitted to remain in this State twelve months, and no longer, from and after the passing of this Act.

In the Senate House, the twenty-fourth day of March, in the year of our Lord one thousand seven hundred and eighty-five, and in the ninth year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate.

remain in the State 1 year.

JOHN FAUCHEREAUD GRIMKE,

Speaker of the House of Representatives.

AN ACT for establishing County Courts, and for regulating the pro- No. 1281.

ceedings therein.

(Passed March 24, 1785. See last volume.)

A. D. 1785.

No. 1282. AN ACT for keeping in repair the several Roads and Bridges throughout this State; and for laying out the several new Roads and Ferries therein mentioned.

(Passed March 24, 1785. See last volume.)

No. 1283. AN ACT FOR VESTING IN AARON GILLET AND HIS HEIRS, FOREVER, A TRACT OF LAND, NEAR BOGGY GUT; AND FOR OTHER PURPOSES THEREIN

MENTIONED.

WHEREAS, Aaron Gillet did, in his petition to the House of Representatives, set forth that he had, at a very considerable expense, erected Preamble, two saw-mills and a grist-mill on a branch called Boggy Gut, and cleared out the said gut, and surveyed six thousand acres of vacant pine barren land, adjoining the tract he at present possesses, on the said branch, and did therefore pray that the said lands might be vested in him and his heirs forever:

vested in

Aaron Gillet.

I. Be it enacted, by the honorable the Senate and House of RepresentaA tract of land tives, That from and immediately after the passing of this Act the said tract of six thousand acres shall be, and is hereby, vested in Aaron Gillet and his heirs, in fee simple, on his paying to the commissioners of the treasury such value for the same as is fixed by an Act entitled "An Act for establishing the mode and conditions of surveying and granting the vacant lands within this State."

Penalty on obstructing the navigation of Boggy Gut.

II. And be it further enacted by the authority aforesaid, That it shall not be lawful for any person or persons, on any pretence whatsoever, to obstruct in any manner the navigation of the said Boggy Gut; and in case any person or persons shall obstruct the said navigation, he, she or they shall, and are hereby declared liable to, pay the sum of one hundred pounds, to be recovered at the next ensuing circuit or county court, and paid into the treasury, for the public service.

III. And be it further enacted by the authority aforesaid, That if any mill shall be erected on any part of the said Boggy Gut, which is navigable, a space or lock of twenty-four feet on the Three Runs, as high up as it is navagable, shall be left for the convenient passing and repassing of all boats and rafts which shall be navigated in the said Gut and Three Runs.

In the Senate House, the twenty-fourth day of March, in the year of our Lord one thousand seven hundred and eighty-five, and in the ninth year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate.

JOHN FAUCHEREAUD GRIMKE,

Speaker of the House of Representatives.

A. D. 1785.

AN ACT FOR RAISING SUPPLIES FOR THE YEAR ONE THOUSAND SEVEN No. 1284.

HUNDRED AND EIGHTY-FIVE.

WHEREAS, we, the representatives of the free and independent State of South Carolina, in General Assembly met, have thought it expedient and necessary that a tax, for the sums and in manner herein mentioned, should be assessed, raised, and paid into the public treasury of this State for the use and service thereof;

Preamble.

tion on lands.

I. Be it therefore enacted, by the honorable the Senate and the honorable the House of Representatives of the State of South Carolina, now met and sitting Rate of taxain General Assemby, and by authority of the same, That the sum of one per centum ad valorem, shall be, and is hereby, imposed on all lands granted within this State, and in the manner and under the several regulations hereinafter set forth and expressed, (that is to say,) 1. All tide swamp not generally affected by the salts or freshes, of the first quality, shall stand rated at six pounds; all tide swamp of the second quality, four pounds; of the third quality, two pounds; all pine barren lands adjoining such swamp, or contiguous thereto, with respect to the benefit of water carriage, at ten shillings; all prime inland swamp, cultivated and uncultivated, at an average of three pounds; second quality, ditto, two pounds; third quality, ditto, one pound; pine barren lands adjoining or contiguous thereto, at five shillings; saltmarsh or inland swamp clearly proved to the assessors to be incapable of immediate cultivation, at five shillings. 2. High river swamp or low grounds, cultivated and uncultivated, including such as are commonly called second low grounds, lying above the flowing of the tides, and as high up the country as Snow Hill, on Savannah river, the fork of Broad and Saludy rivers, on the Congaree, Graves's Ford, on the Wateree, and the boundary line on Pedee; the first quality at three pounds; second quality at two pounds; third quality at one pound; except such as lie so low as to be clearly proved to the assessors to be incapable of immediate cultivation, which shall be assessed at five shillings. 3. All high river swamp or low grounds lying above Snow Hill, the fork of Broad and Saludy rivers, Graves's Ford, and the old Indian boundary line, fifteen shillings. 4. All high lands without the limits of St. Philip's and St. Michael's parishes, on John's island and James's island, and on the main within twenty miles of Charleston, at one pound. 5. All lands on the Sea islands, Slann's island included, or lying on or contiguous to the seashore, usually cultivated or capable of cultivation in corn or indigo, and not within the limits prescribed in class No. 4, at one pound. 6. All oak and hickory high lands lying below Snow Hill, the fork of Broad and Saludy rivers, Graves's Ford, or the boundary line on Pedee, and not included in the limits or description of the two preceding classes, No. 4 and 5, fifteen shillings. 7. All pine barren lands not included in classes No. 1, 4, and 5, to be assessed at one shilling. 8. All oak and hickory high lands lying above Snow Hill, the fork of Broad and Saludy rivers, and Graves's Ford, the first quality, eight shillings; the second quality, five shillings; the third quality, two shillings. 9. All oak and hickory high lands above the old Indian boundary, the first quality six shillings; the second quality, three shillings; the third quality, one shilling. That all lands within the parishes of St. Philip and St. Michael, shall be assessed in the same manner, and upon the same principles as houses and lots in Charleston, and in a relative proportion to the lands in the country.

VOL. IV.-87.