A. D. 1787. vested in the sary for keeping the streets thereof clean and in repair, and for such other V. And be it further enacted by the authority aforesaid, That the Certain powers commissioners to be appointed as aforesaid shall be vested with the same commissioners. powers and authority as the churchwardens and constables of Charleston are vested with by an Act entitled "An Act for the better observation of the Lord's Day, commonly called Sunday," and passed the twelfth day of December, one thousand seven hundred and twelve; and the said commissioners are vested with full powers to carry the said Act into execution, and levy the fines therein recited upon persons committing the offences therein mentioned, within the limits of the town of Winsborough. Five trustees of the college to VI. And whereas, the difficulty of convening together a sufficient number of trustees for the College of Winsborough to make such a quorum as be a quorum. is now required by law, makes it necessary to reduce the number; Be it therefore enacted by the authority aforesaid, That hereafter any five of the trustees of the college of Winsborough shall be a quorum to do all business respecting the said college; any former law, usage or practice to the contrary notwithstanding. In the Senate House, the twenty-seventh day of March, in the year of our Lord one thousand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. (Plan of the town omitted.) No. 1352. Preamble. AN ACT FOR GRANTING TO CONGRESS THE SUPPLEMENTARY FUNDS WHEREAS, Congress, by their revenue system, of the eighteenth of April, one thousand seven hundred and eighty-three, recommended to the several States to grant them supplementary funds, in aid of the impost recommended by the aforesaid revenue system; and whereas, by the aforesaid system, South Carolina was quotaed in the sum of ninety-six thousand one hundred and eighty-three dollars, to be annually provided for the discharge of the debts contracted during the late war: I. Be it enacted, by the Senate and House of Representatives, and by the authority of the same, That the aforesaid sum of ninety-six thousand one $96,183 appro-hundred and eighty-three dollars, quotaed on this State as aforesaid, be, priated for the and is hereby, appropriated to the service of Congress, for the purposes United States Government. stated in the aforesaid revenue system; and the commissioners of the treasury are hereby directed to pay, each and every year, the aforesaid sum of ninety-six thousand one hundred and eighty-three dollars, or as much of it as shall be called for, to the order of Congress, for the purposes stated in the aforesaid revenue system, of April, 1783. Provided always, that the aforesaid grant of supplementary funds to Congress shall not operate in this State till the aforesaid revenue system of April 18th, 1783, shall operate generally in the United States. In the Senate House, the twenty-seventh day of March, in the year of our Lord one thousand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. A. D. 1787. AN ACT FOR RECOVERING FINES AND FORFEITED RECOGNIZANCES INTO No. 1353. THE PUBLIC TREASURY. I. Be it enacted by the honorable the Senate and House of Representatives, in General Assembly now met and sitting, and by the authority of the same, That in all recognizances acknowledged since the twenty-sixth day Bonds given for recognizances of March, one thousand seven hundred and eighty-four, or which shall here- forfeited to be after be acknowledged, by any person, for keeping the peace, or good paid into the public treabehaviour, or for appearing as a party, surety or witness, at any court of sury. criminal jurisdiction within this State, the sum or sums of money in which any such person shall be bound shall be made, and payable, to the State, in aid of the revenue thereof; and every such recognizance shall be good and effectual in law, provided it be signed by every party thereto, and also acknowledged in the presence of a judge or justice of peace, who shall certify such acknowledgment, otherwise such recognizance shall be void. And whenever any such recognizance shall become forfeited by non compliance with the condition thereof, the attorney general, or other person acting for him, shall, without delay, issue a scire facias, to summon every party bound in such forfeited recognizance, to be and appear at the next ensuing court of sessions, to show cause, if any he hath, why judgment should not be confirmed against him; and if any person so bound fail to appear, or appearing shall not give such reason for not performing the condition of such recognizance as the court shall deem sufficient, then the judgment on such recognizance shall be confirmed. And in every case where any such recognizance shall be adjudged so forfeited, or where any fine shall be imposed by or recovered for the use of the State, in any district or county court, or before a justice, if the party incurring such fine or forfeiture shall fail to pay down the same, with the cost of prosecution, then a writ in nature of a fieri facias shall issue, by virtue of which the sheriff or his deputy shall sell (in the same manner as property is sold under execution in civil cases) so much of such offender's estate, real or personal, as may be necessary to satisfy the fine or forfeiture, and also the costs of prosecution, and also the reasonable charges of taking, keeping and selling such property, returning the overplus, if any, to the offender, together with a bill of the fine or forfeiture, with cost and charges, if he require it; but the sheriff shall sell every other part of the personal estate before he shall sell any negroes. And if the sheriff or his deputy return on oath that such offender refuseth to pay, or hath not any property, or not sufficient whereon to levy, then a writ of capias ad satisfaciendum shall issue, whereby he shall be committed to the common gaol, until the forfeiture, costs and charges, shall be satisfied; entitled, however, to the privilege of insolvent debtors. A.D. 1787. Sheriff to pay fines received into the public treasury. Sheriff, &c. to keep entry of fines. II. And be it further enacted by the authority aforesaid, That the sheriff of each district or county, and every justice of peace, or clerk of any court, after receiving any fine or forfeiture, shall, as soon as may be, pay the same into the public treasury, (excepting such fines and forfeitures, so to be recovered, shall be appropriated for the use of such county,) in such manner as shall be directed by a majority of the judges thereof; and if any sheriff or his deputy, or any clerk of a court, shall keep in his hands any moneys which shall be recovered by or paid to him, for any fine or forfeiture, for any space of time more than two calendar months after such moneys shall have been delivered to him, he shall forfeit treble the amount of the sum so detained. And every sheriff, justice, and clerk of a court, shall cause to be kept a just and regular entry of all fines and forfeitures that shall come into his hands respectively; and if any fraud or wilful failure shall be committed by any sheriff, deputy sheriff, justice, clerk of a court, or a constable, Penalty in case in levying, paying or accounting for, any fine or forfeiture, and be thereof convicted, the offender shall forfeit treble the sum whereof there shall be committed fraud or failure, and be thereafter incapable to hold his office. Provided, however, that all such forfeited recognizances, or any fines imposed for trespass or misdemeanor or for default of jurors, shall be subject to the payment of three pounds sterling for every session sermon that shall be preached at any district court; provided also, that if any person shall forfeit a recognizance from ignorance or unavoidable impediment, and not from wilful default, the court of sessions may, on affidavit stating the excuse or cause thereof, remit the whole or any part of the forfeiture, as may be deemed reasonable. of fraud, &c. Proviso. Former act repealed. III. And be it further enacted by the authority aforesaid, That an Act passed the twenty-sixth day of March, one thousand seven hundred and eighty-four, for estreating forfeited recognizances, shall be, and the same is hereby, repealed. In the Senate House, the twenty-seventh day of March, in the year of our Lord one thousand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. No. 1354. AN ORDINANCE for appointing Commissioners for cleansing, clearing and making navigable Chechesey Creek, in the room of those who are dead, with authority and powers contained in the Act of the General Assembly for cleansing, clearing and making navigable the said Creek, passed the nineteenth of March, one thousand seven hundred and fifty-six. (Passed March 27, 1787. See last volume.) No. 1355. AN ACT to establish a Company for the opening of the navigation of the Catawba and Wateree Rivers. (Passed March 27, 1787. See last volume.) A. D. 1787. AN ACT TO AUTHORISE EXECUTORS TO SELL AND CONVEY LANDS OF No. 1356. WHEREAS, doubts have arisen respecting the powers of executors to sell and convey the lands of their testator, where the said testator has Preamble. directed that the same shall be sold, but has not declared by whom the said sale be made; 1. 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 Lawful for quasame, That whenever any person has directed or shall direct by his or her lified executors last will and testament, duly executed in the presence of three or more to sell land,&c. credible witnesses, that his or her lands shall be sold for the payment of his or her debts, or for the purpose of distributing the which may arise from the sale thereof among his or her legatees, then and in every such case it shall and may be lawful to and for the executors of such person, or the majority of such executors as shall qualify on the said will, if no person is expressly named for that purpose, to sell and convey the said lands, agreeable to the intention of the testator. money II. And be it further enacted by the authority aforesaid, That if the executor or executors should die, or renounce according to law, then, and Executors dyin that case, the administrator or administratrix, with the will annexed, ing or renouncing. shall be authorised by this Act to sell the real estate of the said deceased, as directed in and by the will. In the Senate House, the twenty-seventh day of March, in the year of our Lord one thousand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. AM ACT for incorporating divers Religious Societies therein named. (Passed March 27, 1787. See last volume.) No. 1357. AN ACT FOR NATURALIZING RICHARD CHAMpion and his deSCENDANTS, No. 1358. AND HUGH ALEXANDER NIXON. WHEREAS, the said Richard Champion, a native of England, hath, by his petition to the Legislature, humbly prayed that he and his descend A. D.1787. ants might be partakers of the rights, privileges and immunities which the natural-born citizens of the State of South Carolina do enjoy ; R. Champion admitted to be a citizen. Nixon. 1. Be it therefore 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 Richard Champion, a native of England, now a resident at Rocky Branch, in the district of Camden, on taking and subscribing the oaths of allegiance and abjuration before any one of the associate judges of the court of common pleas of this State, he and his descendants shall be deemed and adjudged and taken to be natural-born citizens of the State aforesaid, to all intents, constructions and purposes, as if he or they or either of them had been or were born within the State aforesaid; and which said oaths any one of the said judges for the time being is and are hereby authorised and empowered to administer; any law, usage or custom to the contrary thereof in any wise notwithstanding. II. And whereas, Hugh Alexander Nixon, a native of Ireland, hath Also Hugh A. served in the navy of this State for upwards of three years, in the late war against Great Britain, and hath ever since resided in the said State, and hath petitioned to be admitted to citizenship; Be it enacted by the authority aforesaid, That after the said Hugh Alexander Nixon shall have taken the oaths as before prescribed, he and his descendants shall be thereafter naturalized and be invested with all the rights and privileges to a free citizen belonging. In the Senate House, the twenty-seventh day of March, in the year of our Lord one thousand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of America.. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. No. 1359. AN ACT to authorise Commissioners for continuing East Bay Street to Ashley River; to make a new assessment for completing the same; and to repeal such clauses of the High-road Act, passed the twentysecond day of March, one thousand seven hundred and eighty-five, as relate to the said Street. (Passed March 27, 1787. See last volume.) No. 1360. AN ACT TO ALTER THE PLACES OF HOLDING THE ELECTIONS FOR MEMBERS OF THE LEGISLATURE, FOR THE PARISHES THEREIN MENTIONED. Preamble. Places of election altered. WHEREAS, the holding of the elections for the members of the Legislature, at the parish churches of the parishes of All Saints and Prince Frederick's, are inconvenient and partial, inasmuch as the said parish churches are not centrically situated; 1. Be it therefore enacted, by the authority of the honorable the Senate and House of Representatives, now met and sitting in General Assembly, That all elections in future for members of the Legislature which shall |