A. D. 1769. said lands by virtue of the escheat law, passed the twenty-seventh day of March, one thousand seven hundred and eighty-seven. In the Senate House, the thirteenth day of March, in the year of our Lord one thou sand seven hundred and eighty-nine, and in the thirteenth year of the Independence of the United States of America. D. DESAUSURE, President of the Senate. JACOB READ, Speaker of the House of Representatives. No. 1459. AN ACT TO VEST IN THE JUSTICES OF THE COUNTY COURTS THE POWERS AND AUTHORITIES OF THE VESTRIES AND CHURCHWARDENS OF PARISHES, SO FAR AS THE SAME RELATE TO THE POOR OF THE RESPECTIVE COUNTIES, WHERE COUNTY COURTS ARE ESTAblished. Powers of I. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That from and immediately after the passing of this Act, the justices of the county courts shall be vested with all the powers and authorities, within their respective counties, that have been heretofore exercised by the vestries and churchwardens of parishes, so far as the same relate to the providing for the poor of the said respective counties, and to the binding out poor orphan children; any law, usage or custom to the contrary notwithstanding. In the Senate House, the thirteenth day of March, in the year of our Lord one thousand seven hundred and eighty-nine, and in the thirteenth year of the Independence of the United States of America. D. DESAUSSURE, President of the Senate. JACOB READ, Speaker of the House of Representatives. No. 1460. AN ACT TO VEST IN MARY Hennizer, and HER HEIRS, IN FEE SIMPLE, A CERTAIN TRACT OF LAND, LATE THE PROPERTY OF PHILIP CULp, Preamble. DECEASED. WHEREAS, in pursuance and by virtue of an Act of this State, entitled "An Act to appoint Escheators, and to regulate Escheats," a tract of land situate in St. Paul's parish, in this State, late the property of Philip Culp, deceased, was deemed, and by law declared to be, escheated and vested in the State; and whereas, Mary Hennizer, of the said parish, widow, hath, in and by her humble petition, set up a reasonable and equitable claim thereto, and prayed that the Legislature would by law establish and confirm her title thereto : I. Be it therefore enacted, by the honorable the Senate and House of Land vested in Representatives, now met and sitting in General Assembly, and by the Mary Hennizer. authority of the same, That from and immediately after the passing of this Act, the said tract of land, late the property of Philip Culp, deceased, situate, lying and being at Stono, in St. Paul's parish, containing three A.D. 1789. hundred and eleven acres, or thereabouts, butting and bounding to the east on lands of the Honorable William Clay Snipes, to the north on lands of Mr. Nathaniel Farr, and to the south and west on lands now or late of Sellers, shall be, and the same is hereby, vested in the said Mary Hennizer, and her heirs, in fee simple. Provided nevertheless, Proviso. that the said Mary Hennizer or her heirs shall fully pay, acquit, and discharge all demands which have been or shall hereafter be brought, either in law or equity, against the said estate, and also shall pay unto the escheator or escheators all charges incurred by them or either of them for any proceedings had against the said lands by virtue of the escheat law, passed the twenty-seventh day of March, one thousand seven hundred and eighty-seven. Provided also, that if any person or persons shall, within three years, appear and make good their right and title to the said land, then, and in that case, the said Mary Hennizer, or her heirs, shall surrender up and deliver over the same to him or them, upon being fully indemnified, made whole, and satisfied, for all sums of money which she or they may have paid on account of the said estate, over and above the proceeds of the personal estate, and all legal commissions which as administratrix she may be entitled to, together with all reasonable charges for necessary improvements made on the said land. In the Senate House, the thirteenth day of March, in the year of our Lord one thousand seven hundred and eighty-nine, and in the thirteenth year of the Independence of the United States of America. D. DESAUSSURE, President of the Senate. JACOB READ, Speaker of the House of Representatives. AN ORDINANCE for building a Draw Bridge across Wappoo Creek. No. 1461. (Passed March 13, 1789. See last volume.) AN ORDINANCE FOR PROVIDING PAYMENT FOR THE ATTENDANCE OF No. 1462. THE MEMBERS OF THE LEGISLATURE. I. Be it ordained, by the honorable the Senate and the House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That certificates shall be given by the President of the Sen- Members to reate and the Speaker of the House of Representatives, respectively, to the ceive certifi members of each House, for attending the Legislature, and that the same cates. shall be received in payment of taxes for the year one thousand seven hundred and eighty-nine, with the treasury, in payment of the moneys due, or that shall hereafter become due, from vendue duties, except the six hundred pounds appropriated for the payment of arms purchased for the State; and also in payment of general duties due, or that may arise, till the Congress of the United States shall, or may appropriate the same for A. D.1789. the use of the General Government of the United States; and in payment of all or any moneys that shall be payable into the treasury, not appropriated by an Ordinance entitled "An Ordinance for funding, and ultimately discharging the foreign debt of this State; any law to the contrary notwithstanding. In the Senate House, the thirteenth day of March, in the year of our Lord one thousand seven hundred and eighty-nine, and in the thirteenth year of the Independence of the United States of America. D. DESAUSSURE, President of the Senate. JACOB READ, Speaker of the House of Representatives. No. 1463. AN ORDINANCE FOR THE PRESERVATION of Deer; to PREVENT THE ARISING FROM FIRE HUNTING AND SETTING FIRE TO THE Preamble. MISCHIEFS WOODS. WHEREAS, many idle and disorderly persons have made, and do make, a practice of hunting with fire in the night time, whereby great numbers of deer are unnecessarily destroyed, and the cattle and other stock of the good citizens of this State are frequently injured; for remedy whereof, I. Be it ordained, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authoPenalty on persons who hunt rity of the same, That any person or persons who shall hereafter hunt with fire in the with fire in the night time, for every such offence shall forfeit and pay a night time. sum not exceeding two pounds, and for every deer so killed, a sum not exceeding five pounds, and for every horse or head of neat cattle, or other stock of any kind, a sum not exceeding ten pounds, which penalties shall and may be recovered before any one justice of the peace, and four disinterested freeholders in the parish or county where the offence shall be committed, and when recovered shall be paid, one-half to the use of the parish or county, and the other half to the informer who shall sue for and recover the same; and in case any person or persons so convicted as aforesaid shall refuse or neglect to pay such fine, then it shall and may be lawful, and the justice before whom he shall be convicted is hereby required, to commit such person or persons to the common gaol in the county or district where the offender or offenders shall have committed the said crime, there to remain without bail or mainprize for a term not exceeding three months. Persons liable to action by law. slaves when II. And be it further ordained by the authority aforesaid, That any person or persons who shall hereafter hunt with fire in the night time, or kill any horse or neat cattle, or other stock of any kind, the property of another person, shall be liable to an action at law by the person so aggrieved, in addition to the above penalties. III. And be it further ordained by the authority aforesaid, That in Punishment of case any slave shall be detected in fire hunting, or shall kill in the night time any deer, horse, or neat cattle, or stock of any kind, not the property of his master or owner, such slave shall, on conviction thereof before any one justice and four freeholders of the county or district where the offence was committed, receive such corporal punishment, not extending to life of violating the law. limb, nor exceeding thirty-nine lashes, as the said justice and four freeholders A. D.1789. shall direct; or in case that it shall appear upon evidence to the satisfaction of the court, that the said offence was committed with the privity and consent of the owner or overseer of the said slave, such owner or overseer, as the case may be, shall be liable to the same penalty, fine, and imprisonment as if he had personally committed the said offence, to be recovered and applied in the same manner as is directed by the first enacting clause of this Ordinance. IV. And be it further ordained by the authority aforesaid, That any per son or persons convicted of killing does at any time between the first day Penalty for of March and the first day of September, shall be liable to the fines, for- killing does. feitures, and penalties, as are imposed by this ordinance, to be recovered and applied in the like manner as is above directed. woods, &c. V. And be it further ordained by the authority aforesaid, That no person shall put fire to or burn any grass, brush, or other combustible matter, so as Penalty on thereby the woods, fields, lands, or marshes be set on fire, nor cause the persons endangering the prosame to be done, nor be thereunto aiding or assisting; and whosoever shall of others perty offend herein, and be thereof convicted, shall forfeit the sum of five pounds, by burning one-half to the informer, and the other half to the use of the poor of the parish or county in which the offence shall be committed, and in default of payment of the said sum shall suffer imprisonment for a term not exceeding two months, and shall be moreover liable to the action of any person or persons who thereby shall have suffered damage. Provided, that no person or persons shall be prevented from firing woods, fields, lands, or marshes within his, her, or their own bounds, so that he, she, or they suffer not the fire to get without the bounds of his, her, or their lands, and injure the woods, fence, or grass of his neighbor or neighbors; and where any offence shall be committed against this Ordinance by a servant or slave, without the direction, consent, or knowledge of his master or mistress, the offender (unless the master or mistress shall pay the damage which the owner of the lands shall sustain, and costs of suit,) shall receive not exceeding thirty-nine stripes, at the discretion of the justice and freeholders before whom the offender shall be convicted. taken by free VI. And be it further ordained by the authority aforesaid, That the four freeholders, previous to their entering on any trial by virtue of this Oath to be Ordinance, shall take the following oath or affirmation before the said holders justice, who is hereby empowered to administer the same, to wit: "I, A B, do swear (or affirm, as the case may be,) that I will, to the best of my judgment, without partiality, favor, or affection, try the cause now depending between A, plaintiff, and B, defendant, and a true verdict give according to evidence. So help me God." warrant to VII. And be it further ordained by the authority aforesaid, That it shall and may be lawful for any justice of the peace before whom information Justice to issue shall be lodged of any breach of this Ordinance, to issue his warrant to summon freeany lawful constable, commanding him to summon a sufficient number of holders. disinterested freeholders to appear at a certain time and place for the purpose of hearing, trying, and determining on the said information; and the freeholders so summoned are hereby required to attend, on pain of forfeiting the sum of ten shillings each for neglect, to be laid and levied and applied as hereinbefore mentioned, by authority of the same justice of the peace, unless such defaulter shall give a good and sufficient cause on oath to the satisfaction of the said justice. VIII. And be it further ordained by the authority aforesaid, That the captains of the several companies of militia throughout this State be, and they are hereby, required to cause this Ordinance to be read at the head A. D. 1789. of their respective companies at least once in six months, on pain of being chargeable with neglect of duty, and to be proceeded against as a court Captains of martial may direct; and that five hundred copies of this Ordinance shall militia to read be printed, to be distributed by his Excellency the Governor to the comto their compa-manding officers of the several regiments throughout this State, whose duty it shall be to distribute them to the captains of their several militia companies. this Ordinance nies. In the Senate House, this thirteenth day of March, in the year of our Lord one thousand seven hundred and eighty-nine, and in the thirteenth year of the Independence of the United States of America. D. DESAUSSURE, President of the Senate. JACOB READ, Speaker of the House of Representatives. No. 1464. AN ACT TO PREVENT Preamble. State not to PERSONS HOLDING CERTAIN OFFICES OF EMOLUMENT FROM LEAVING THE STATE. WHEREAS, it is inconsistent with the good of the State, that persons holding offices of emolument should leave the same; I. Be it therefore enacted by the honorable the Senate and House of RepOfficers of the resentatives, now met and sitting in General Assembly, and by the auleave it without thority of the same, That from and immediately after the passing of this permission. Act, it shall not be lawful for any judge, attorney general, commissioner of the treasury, auditor, collector of the customs, register of mesne conveyances, secretary of State, or surveyor general, to leave this State without permission first had and obtained from his Excellency the Governor or Commander-in-chief for the time being; any law, usage, or custom to the contrary thereof in any wise notwithstanding. Forfeiture on officers leaving without permission. Governor to II. And be it further enacted by the authority aforesaid, That if either of the said officers shall quit the State without leave, to be obtained agreeable to the directions of this Act, he shall incur a forfeiture of office, and the Governor and Commander-in-chief shall proceed, with the advice and consent of the Privy Council, to fill up the vacancy during the recess of the Legislature, which shall be occasioned thereby. III. And be it further enacted by the authority aforesaid, That in case of the sickness of any of the said officers, the Governor and Commandergrant leave of in-chief for the time being is hereby authorized to grant leave of absence, and for no other purpose whatever, to such officer or officers, and an entry of such leave shall be made in the journals of the Council. absence in case of sickness. In the Senate House, the thirteenth day of March, in the year of our Lord one thousand seven hundred and eighty-nine, and in the thirteenth year of the Independence of the United States of America. D. DESAUSSURE, President of the Senate. JACOB READ, Speaker of the House of Representatives. |
